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Home My WebLink About1000-54.-7-1.3 OVFICE 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 To: Jim King, President Town ,~ of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 21, 2009 Re: Proposed Wetland Permit for KATHLEEN BOWER SCTM#1000-54-7-1.3 KATHLEEN BOWER requests an Administrative Permit to pick up and remove 40+/- dead oak, hickory and maple trees. Test bore remaining large oak trees for insect infestation and treat as necessary. Scrape up and remove sedimentation. Located: 12710 Soundview Ave, $outhold. SCTM#54-7-1.3 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 Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed description of the action is vaque as the exact number, condition (live or dead), location of the trees (standing or fa en) and method of removal (manual or machine) are not identified on the survey. The number specified could result in the clearinq of the wetland and wetland buffer area. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with Board of Trustee Permit Number 5260 issued in 2000 or representations made to retain the ecolo,qica value of th~. sensitive parcel stated in the file history. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with nature/ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self- sustaining systems. The wetland system exhibits fluctuatin.q hydroperoids, ve.qetation qrowth and die-off. These processes contribute to the functions and values of the system; i.e. habitat, nutrient cyclinq, control of storm water runoff etc. The proposed clearinq of vegetation (althouqh vague in description) is located within the wetland system and upland buffer areas, therefore, the action as proposed, could result in si.qnificant impairment of the wetland system. S{qnificant impairment is defined as reduction in vital resources (e.q., food, shelter, livinq space) or chanqe in environmental conditions (e..q., temperature, substrate, salinity) beyond the tolerance ran,qe of important species of fish or wildlife that rely on the habitat values found within the desiqnated area. Indicators of a siqnificantly impaired habitat focus on ecolo.qical alterations and may include, but are not limited to, reduced carryinq capacity, chanqes in community structure Ie.,q. food chain relationships, species diversity, etc), reduced productivib/and/or increased incidence of disease and mortality. It is recommended that the applicant clarify the exact number, condition (live or dead), location of the trees (standing or fallen) and methqd of remoVal (manual or machine) of the action. 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 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 determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hasard.4rea. Before answering the questions in Section C, the preparer 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 Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortin~ facts. If 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 Trustee: c,m~_ ,~-_ ~,___:__ ~, ..... local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ,..~1'~ ~ //, ~ PROJECT NAIVIE t~ O c~/'-- .- '~ B0ard 0f Trustees The Application has been submitted to (check appropriate response): TownBoard ~ mann g Board [--] BuildingDcpt. [--]-Bo~_~d~fTrustces ~ AUG 5 2OO9 2 t, all Category of Town of Southold agency action (check appropriate response): ~'~c~ (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agen? r__e._gu!..ation, land transa_cfi0_~n~ (b) Financial assistance (e.g. grant, loan, subsidy~ .................... (c) Permit, approval, license, certification: Nature anO.,extent of action: Site acreage: Present land use: Present zoning classification: ~.9 _ ,%//) 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: (b) Mailing address: (e) Telephone number: Area Code~/ 7~ ~ ~1_~0 ,~-,.(""-- (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ NoJ~ If yes, which state or federal agency? 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 answers 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 minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. Yes ~'] No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria N Yes [-~ No ~' Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~?~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - PoliCies Pages 16 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not App...able Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [-~ No ~]] Not 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 III - Policies; Pages 34 through 38 for evaluation criteria. ~] Yes [] No ¢ Not Applicable 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 III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye? No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIEs, Pgli.cy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes F'~ No ]~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Polleies; Pages 62 through 65 for evaluation criteria. Yes F'~ No F~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. Yes ~ No ~ Not Applicable PREPARED B~~ ~ TITLE bUUND N/F BERRY~AN RESIDENCE VIEW · , N 42' $1'~00" E VENUE 1 GO. O0 ' N/F HAWK/NS SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N. ~ SURVEYED FOR.- JOHN BOWER KA THY BOWER SCALE 1'=40' OR =570 SURVEYED BY STANtEY J ISAKSEN, JF P.O. BOY 294 NEW SL~FFO_LK~ ,,,~N~'~' [1~' NO.' ~27J O~C