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Home My WebLink About1000-134.-3-5L_ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Toz Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 15, 2009 Re: Proposed Wetland Permit BELVEDERE PROPERTY MANAGEMENT, LLC SCTM#1000-134-3-5 J.M.O. Environmental Consulting on behalf of BELVEDERE PROPERTY MANAGEMENT, LLC requests an Administrative Permit to control the growth of Giant Reed (Phragmites australis) from a regulated freshwater wetland using Glyphosate. Vegetation shall be cut in Spring and Glyphosate applied in Fall. The cut phragmites shall be removed from the area for upland disposal. Located: Northeast Pond, Robins Island. $CTM#134-3-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a dctvr.,ination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Ama. Before answering the questions in Section C, the lc~lxarer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Progren~ A proposed action will be evaluated as to its sJgnificent beneficial end adverse effects upon the coastal area (which includes all of Southold Town). If eny question in Section C on thi.q form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more d~fil end, if n~x~sary, modified prior to making a det~w, ination that it is consistent to the maximum extent practicable with thc LWRP policy standards end conditions, ff en action cannot be certified as consistent with the LWRP policy standards and conditions, it ~}mli not be undertake. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.norflffork.net), the Board of Trustees Office, the Planning Depamnent, all local libraries and the Town Clerk's office. B. DESCRIFI'ION OF SITE AND PROPOSED ACTION SCTI~ 134 03 O~ The Application has been submitted to (check app~opri_ate response): Town [] Bu goq [] of Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. ca~ construction, planning activity, agency regulation, lm Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Reed (Phragmites austaalis) from a rE d adjacent area using Glyphosate. Vegel spring and Glyphosate applied in Fall. No work to take place from Oct to March in order to protect the existing Eastern Mud turtles. The cut Phragmites shall be removed from the area for upland disposal. Locationofaction: Northeast Pond, Robins Island Site acreage: 1 acre Present zoning'classification: R- 4 0 0 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Belvedere Property Management, LLC ~) Mailingaddres$: 1251 Avenue of the Americas, 17th Floor New York, NY 10020 (c) Telcphonenumb~':.AreaCode( ) 212-782-7000 (d) Application number, if.ny: unknown Will the action be directly unde~d~, require funding, or approval by a state or federal agency? Y~ ~ No ~ ffyes, which state ~ federal agency?. NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances commmflty character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minJmiT~ adverse effects of development. See LWRP Seetton Ill - PolieJes; Page 2 for evaluation criteria. Yes [] No [--] Not AppHcnble Am~¢b ~ sheets if neces~-y Policy 2. Protect and preserve historic and nrchneological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evalnation critertn ~ Yes [] No [] Not Applicable Aaach additional sheets if necessary Policy 3. lr~nh~ce visual quality and protect ~ resources throughout the Town of Santhold. See LWRP Section m- Policies Pages 6 through 7 for evaluation criteria [] Yes ~-~ No ~-~ Not Applicable Attach *aa!fional sh~"~ ff necessary NATURAL COAST POLICIES Policy 4. ~qinJmi't~ JOSS O~ li~e~, S~, and HIItHrld ~ ~ floodln~ and ero~oH. See LWRP See~on Ill - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes [] No [] Not Appficable Attach additional shec'ts if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section In - Policies Pages 16 through 21 for evaluation criteria --I~ Yes ~-~ No ~-~ Not Applicable Attach additional sheets if necessa~ Policy 6. Protect and restore the quality and function of the Town of Sonthold ecosystems including ~?ifleant Cm~al Fish and Wildlife Habitats and wetlands. See LWRP Section m- Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No~-~ Not Applicable AtUtch ~,t~tional sheets if necessmy Policy 7. Pro!e~__ and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Attach additional sheets if necessary Policy 8. Minlmi~4~ environmental degradation in Town of Southold from solid waste and h~-~rdous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-~Yes [--] No ~ Not Applicable PUBLIC COAST POLICIF. S Policy 9. Provide for public access to, and recreational use of, coastal waters, public hntls, and public resources of the Town of Southold. See LWRP Section EH - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] Not Applicable Attach additional sheets if neceasary WOI~lClNG COAST POLICIES Policy 10. ]Pro~,~e~__ Soutimld*s water-dependent uses and promote miring of new water~lependent uses in suitable locations. See LV~RP Section III - Poflcies; Pages 47 through ~6 for evaluation criteria. ~ Yes [--] NO [-~ Not Applicable AUach addilional sheels if nec, essary Policy 11. Prmnote sustainable use of living marine resources in Long Iii.nd Soond, the Peconic Estuary and Town waters. See LVVRP Section I~ - Policies; Pages $? through 62 for evaluation criteria. [] Yes [~ No [-~ Not Applicable At. ch additional sh~ts if ne~ssa~ Policy 12. Protect ~ I~,ds in the Town of Southold. See LWRP Section IH - PMicies; Pages 62 through 65 for evaluation criteria. [-~ Yes ~ No [-~ Not Applicable Attach additional sheets if neccssa~ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 6~ lkrou~h 6~ for evaluation eriter~ ~ Yes [-'] No [] Not Applicable Created on 5/25/05 11:20 AM LWRP Responses to Policies for Belvedere Property Management, LLC Robins Island-Phragmite removal project 1. The project as proposed sh~ll have no impact on the community, character of the Town nor will it have any impact on open space. It is felt that this project is consistent with this Policy. 2. The project as proposed involves no excavation or filling and will have no impact upon the archaeological or historic resources of the Town. It is felt that this project is consistent with this Policy. 3. The project as proposed shall have no impact upon the visual quality of the Town nor any impacts upon any scenic resources. It is felt that this project is consistent with this Policy. 4. The project as proposed does not involve the undertaking of any erosion or flood control and will have no impact upon flooding or erosion. It is felt that this project is consistent with this Policy. 5. The project as proposed will not involve any discharges that may impact water quality nor will it have any negative impact upon coastal waters. It is felt that this project is consistent with this Policy. 6. The project involves the removal and control of the Giant Reed (Phragmites australis) which is a invasive nuisance plant species. The removal of the Phragm~ ites will enhance and improve the pond for the use of various species of fish and wildlife. Prior Phragmite control at this site has allowed numerous native plant species to passively remm to the site. In order to protect the existing Eastern Mud Turtles, no project related activities shall take place between October and March. The project will restore the ecological quality of Northeast Pond. It is felt that this project is consistent with this Policy. 7. The project as proposed shall have no negative impact upon the air quality of the Town. It is felt that this project is consistent with this Policy. 8. The project as proposed does not involve any solid waste and hazardous substances and wastes. It is felt that this project is consistent with this Policy. 9. The project as proposed shall not negatively impact the public's access to and recreational use of, coastal waters, public lands and public resources of the Town of Southold. It is felt that this project is consistent with this Policy. 10. The project as proposed will not impact the Town's water-dependent uses. It is felt that this project is consistent with this Policy. 11. The project as proposed shall have no negative impact upon living marine resources or their habitat, nor shall it impact the commercial and recreational use of the Town's finfish, shellfish, cmstaceaus and marine plants. It is felt that this project is consistent with this Policy. 12. The project as proposed does not involve agricultural lands. It is felt that this Policy is not applicable to this project. 13. The project does not involve the use of or the development of energy and mineral resources. It is felt that this Policy is not applicable to this project. NO~TH RACE CUTCHOCUE HARBOR 'NORTHEAST POND" CUTCHOGUE HARBOR "NORTHEAST POND" SOUTH KEY MAP RACE ,AUG 1 8 2009 u~¥~,o~s Barrett, Bonacci '."'.'-'"'~ & VanWeele, P.C. PROPERTY SITUATE ROBINO ISLAND 'NORTHEAST POND, NOV. 1, 20CO 1'.= El0' 960522A