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Home My WebLink About1000-135.-3-28.1 OyylCE 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 21,2010 Re: Proposed Wetland Permit for JULIE ANNE & KARL HAERR SCTM#1000-135-3-28.1 In 2006 a wetland permit (6296) was issued by the Board for construction of additions to an existing single-family residence. The permit references a vegetated buffer along the shoreline. JULIE ANNE & KARL HAERR request an Administrative Permit to prune and remove trees that may cause damage. Located: 305 Mill Creek Dr., $outhold. SCTM#135-3-28.1 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. It is unclear what type of "damage" the trees may cause as reported in the application. It is strongly recommended that the Board require an assessment of tree health by a certified arborist prior to further consideration of the action. 6.3 Protect and restore tidal and freshwater wetlands Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy of the buffer depends on the following factors: E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The trees function as an important vegetative buffer between the developed area and ecological significant, wetland system. 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 LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for pe~nits* 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 Buila~ng Permits and other ministerial permits not located within the Coastal Erosion Hazard .4rea. Before answering the questions in Section C, the prq0arer 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 bc eval-~ted as to ils significant beneficial mad adverse effects upon lhe coastal a~a (which includes all of Southold Town). If any question in Section C on this 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 detail and, if necessary, modified prior to making a determination that it is comistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertakc~. A copy of Ihe LWRP is available in the following places: online at lhe Town of Southold's website (southoldtown.mnlhfork.net), the Board of Trustees Office,, the Pia,i,fi,g Department, all local libraries and ltle Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate roSponse 1. Category of Town of Southold agency ac~on (chock appropriate response): (a) Action undertaken directly by Town ~g~hcy (e.g. capital Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 20]0 ................ Location of a~tion: Site am~age: Present land use: (c) Telephone number:. Area Code ( )_ (d) Application number, if any:_ Will the action be ~lir~ztly undertaken, require funding, or approval by a ~_at¢ or federal agency? Yes [] No[Z-df'l" I If yes, which state or federal agency,.. DE~!OPED 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 HI-Policies; Page 2 for evaluation criteria~ D Yes ~ No ~Not Applicable Attach a~ sheets if neces~ry Policy 2. Protect and preseiwe historic and archaeological resources of the Town, of Southoid. See LWRP Section IH- Policies Pages 3 through 6 for evaluation crltcria ~-~ Yes ~ No ~Not Applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRp Section Ill -~gies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimi74~ Joss of life, structures, and natural resom'ces from l]oodlng and erosion. See LWRP Section HI - Policies PaRes 8 through 16 for evaluation criterin [] Yes ~/No ~/rNot Applicabie Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages)i6 throu~gh 21 for evaluation criteria ]~ Yes ~-~ No ~ ' t Not Applicable AOach additional sheets if nec~sa~ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and W'fldlife Habitats and weliands. See LWRP Section in- Policies; Pages 22 through ;32 for evaluation criteria. V-~ Yes ~/No ~/Not Applicable Attach ~ditiomd sheem if necessary Policy 7. Protect and improve air qllality in the Town of Southoid. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteri~ [] Yes ~/No ~/Not Applicable Attach additional sheets if necessary Po]icy 8. biinimiT~ e~viro~m~tai degradntlon in Town of Southold from solid waste and hazardous substances an~ wastes/ See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. _ ]r~ Yes I__l No I_~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for pul~c access to, and re, rational use of, coastal waters, public lands, and public resources of the Town of Southoid. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation [] Ye~_l No t_~ Not Applicable Attach additional sh~ts if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent u~es in suitable ~0ns~/1~WRP .Se~tion HI - Policies; Pages 47 through 56 for evaluatlon criteria. [] Yes I~l No [ ~] Not Apphcable Attach additional sheets ifnccczsa~ Policy 11. Promote sustainable use of living marine resom-ces in Long Island Sound, the Peconic Estuary and Town wat~. See LWRP Section 111 - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~] No~/I-~ Not Applicable Attach additional sheets if ne~,sary Policy 12. Protect ~ lands in the Town of Sosahold. See LWRP Section IH - Policies; Pages 62 through 65 for evM/sfation criteria. [] Yes [] No[~1-~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and devdopmmt of energy and min~td resolgc~. See LWRP Section IH - Policies/Pages 65 through 68 for evaluation criteria. ~-~ Yes ~ NO [] Not Applicable Created on 5/25/05 11:20 AM FLOODZONEAE ~ 8 CANAL (ARSHAMOMOQU£ POND) EAE- 10 0 WELl- SURVEY OF DESCRIBED PROPERTY SITUATE SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JULIE ANNE HAERR TM# ~ 000-1.35-03-028.1 GUARANTEED TO: JULIE ANNE HAERR ELEVATIONS SHOWN ARE IN 1929 NGVD. FLOOD ZONE DATA IS FROM MAP NUMBER 36103C0158 G EFFECTIVE DATE MAY 4, 1998 MAP SHOWING PROPOSED ADDITIONS TO RESIDENCE. JUL - SURVEYED: 31 OCTOBER 2005 SCALE 1'= AREA = 19,768 S.F. OR 0,453 ACRES SURVEYED BY STANLEY J. ISAKSEN, ,IR. P.O. BOX 294 NEW SUFF, pLK. N.Y. 1 1956 , y% Lir~ i'~4,. 4927.) 05, R14~1