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Home My WebLink About1000-117.-10-3.4PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMEB~ KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFVICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President To: Town of $outhold Board of Trustees From: Mark Terry, Principal Planner ~x ~ LWRP Coordinatoi~ Date: August 17, 2009 Re~ Proposed Wetland Permit for PATRICK & JENNIFER HIGGINS SCTIV~I 17-10-3.4 PATRICK & JENNIFER HIGGINS request an Administrative Permit to remove dead scrub and brush bushes with heavy poison ivy infestation and replace all with native, environmentally appropriate plants such as Rosa Rugosa, Dwarf Black Pine, Bayberry, Clethra, and sea grass. Located: 410 Jackson St., New Suffolk. SCTM#117-10-3.4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. Figure 1. Subject lot showing proposed natural vegetated buffer area~ .......... ~ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The bank does not demonstrate erosion and appears stable. Further, Japanese, or dwarf black pine, clethra spp. (other than sweet pepperbush) and rosa rugosa are not indiqenous plants to Lonq Island. In the event that the proposed action is approved: It is recommended that a perpetual, natural ve.qetated buffer comprised of the existinq plant species be required from the top-of-bluff (bank) seaward. It is further recommended that the establishment and terms of the buffer be memorialized in a covenant and restriction filed with the Suffolk County Clerk. An example definition follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimminq tree limbs up to a hei.qht of fifteen feet (15,) to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path or stairs constructed of pervious material for access to the water-body. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southoid I]WRP CONSISTENCY ASSESSMENT~ INSTRUCTIONS ' · ~1 ! All applicams for permits* including Town of Southold agencies,-shall complete th s Cq~AF for proposed actions that are subject to the Town of Southold Wa~3~llt .Cons~~ This assessment is intended to supplement other informafioq ~ by~ a._T_o..wn of-Southold~ in making a determination of consistency. *Except minor ~'~ns ~Tb, e'~~its and other ministerial permits not located within the Coastal Erosion Hazard ,4rea. Before un.~_ng the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy cootained in the Town of Southold Local Waterfront Revitali:,ation Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the co~*~ ar~ (which in¢!~ all of Southold Town). If any question in Section C on this form is an.mw~ "yes" or "no", then the proposed action will effect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail, Ikfino_ both suovortine and ne: s-aonortin~ fae~. ff an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trust~Planning Depm'tment, all The Appll~tien has been submitted to (check appropriate response): Category of Town of Southold agency action (check appropriate'response): (a) Action underiaken directly by Town agency (e. gl capital construction, planning activity, agency regulation, land transaction) Co) Finm~cial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of / Location of action: Site acreage:. Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following i~formation shall be provided: (a) Nameofapplicant: ~,,~'r~ Co) Mailing address: (d) Application number, ifa. ny:. W'fll the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~'] No'yes, which state or federalageacy?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answer~ will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and mlnlmi~ adverse effects of development. See LWRP Section 11I - Policies; Page 2 for evaluation criteria. [--~Yes [] NO N Not Applicable At~ac.h additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria Yes ~-] No ~N°t Applicable Attach additional sheetz ifne¢os~uy Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-'~es ~'~ No [] Not Applicable Enhance visual quality and protect scenic resources throughout the Town of Southold. See Attach additional sheets if NATURAL COAST POLICIES Policy 4, Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section IT! - Policies Pages 8 through 16 for evaluation criteria Yes ~ NO [~Not Applicable Attach additional sheets ifnec~uy Policy 5. Protect and improve water quality and supply in the Town of $outhold. See LWRP Section HI - PoliCies Pages 16 through 21 for evaluation criteria Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Si~nificant Coastal Fish and Wildlife Habitats and Wetlands. See LWRP'Seetion HI - Policies; Pages 22 thor evaluation criteria. ~ No Not Applicable Attach additional shec~s if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section m - Policies Pages 32 through 34 for evaluation criteria. ~ Yes FI No~Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section I~ - Policies; Pages 34 through 38 for. evaluation criteria. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Yesq NoF~l~pplic. able Attach additional sheets if necessary WORKING COAST POLICIES Policy 10.'Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH- Policies; Pages 67 through 56 for evaluation criteria. [] Yes ~-~ No ~Not Applicable At~ach additional sheets ifn~y Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town~. See.LWRP Section Iii - Policies; Pages 57 through 62 for evaluation criteria. ~-] Yes ~-] No I - I Not Applicable ~ Attach additional sheets if necezsary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for~_~tion cri.'teria. ~--] Yes [] No I ~'1 Not Applicable Attach additional sheets if nece.~y - Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - PoliCes 6S ,t. hraugl~ 68 for evaluation criteria. [--] Yes [--] No I"1 Not Applicable N $OHN C. EI-ILERS LAND SURVEYOR