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HomeMy WebLinkAbout1000-54.-5-38 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 L 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: May 14, 2010 Re: Proposed Wetland Permit for GLENDA MORENO & VINCENT CARNAGIE SCTM#1000-54-5-38 GLENDA MORENO & VINCENT CARNAGIE request an Administrative Permit to remove dead, diseased and storm damaged trees, trees overgrown by the cesspool and pin oaks to visually enhance the property; level the lawn with approx. 100 cy. clean fill and 2" of topsoil and plant a new lawn; redesign flower beds; plant new trees including two weeping willow and red maples; relocate cherry tree; repair and restore shed and decks and construct a new disabled accessible walkway from the back deck to the driveway and shed; and install a sprinkler system. Located: 11085 Soundview Ave., Southold. SCTM#54-5-38 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 Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 The proposed action does not comply with § 275-16 Compliance requirements; penalties for offenses; item C which states: No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are a named defendant in an outstanding or unresolved violation of Chapter 275, Wetlands and Shoreline, or Chapter 111, Coastal Erosion Hazard Areas. [Amended 12-18-2007 by L.L. No. 23-2007] Trees were removed with Board of Trustees jurisdiction without first obtaining a permit. In the event that action is approved, it is recommended that the Board require a perpetual, natural vegetated buffer landward of the wetland boundary line to preserve the remaining trees and other vegetation in the rear yard to the greatest extent practicable. 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 percentage of ground cover of 95%. To achieve the percentage of ground cover, indigenous, drought-tolerant vegetation shall be planted. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water-body. [Added 12-15-2009 by L.L. No. 15-2009] 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 INSTRUCTIONS 1. All applicants for permits* including Toxvn 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 ~ninisterial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies ,'md explanations o£ each policy contained in the Town of Southold Local Waterfront Revitalization Program. ~ proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town), 3. If any qnestion in Sectioa 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 ~. If an action cannot be certified as consistent with the LWRP policy standards and conditions, i_t 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 Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Board [] Building Dept. ~] Board of Trustees l. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plamfing activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: The proposed project's purpose is to repair and rejuvenate the exterior landscape at 11085 Soundview Ave. Southold, which deteriorated after the construction of an extension and prolonged illness. The goal is to restore the previous beauty of the property while providing a safe and maintenance free environment for the elderly occupant to remain in his home independently. The plan includes the removal of dead, diseased and storm damaged lrees, trees overgrown by the cesspool, and pin oaks to visually enhance the property. Level the lawn with approximately 100 yards of clean fill and two inches of topsoil. Plant a new lawn. The flower beds are to be redesigned and planted. New trees are to be planted including two weeping willow, and red maples. The current cherty tree is to be relocated. Future plans call for the addition of fruit or flowering trees and evergreens. The current shed and decks are to be repaired and restored and a new disabled accessible walkway installed from the back deck to the driveway and shed. Future plans include installation of a sprinkler system by the homeowner. The proposed plan was scheduled to begin 5/6/10. The contractor was to remove the trees, add the fill, top soil and level the lawn and be completed 5/8/10, thus preparing the project for completion by the homeowner. Location of actlon:~/~.~o Site acreaae: ~/ Present land use: Present zoning classification: ,: 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: .[/ ,,. , / .~-, _ (c) Telephone number: Area Code ( )~-~~ (d) Application number, if any:_ Will file action be directly andertaken, require funding, or approval by a state or federal agency? Yes ~ No ~/ If yes, which state or tbderal agency? C. Evaluate the project to the follo;ving policies by analyzing hmv the project ~vill 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 POL~iCY 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 III - Policies; Page 2 for evaluation criteria. FT3/N t ~¥es ~ No ~ o 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 ~ Yes [~ No ~] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria / []~ 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 P~ges 8 through 16 for evaluation criteria [~] Yes []]]] No [~ Not Applicable Atlach additional sheets if necessary Policy 5. Protect and itnprove water qnality and snpl)ly in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~] Yes ~ No ~JNot Applicable Attach additional sheets/fnecessaD, Policy 6. Protect and restore tile quality and function of tile Town of Southold ecosystems including Significant Coastal Fish and Wildlife !tabitats and wetlamls. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets i£necessary Policy 7. Protect and improve air qu:di .ty iu the 'l'm~n of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes ~ No ~J Not Applicable A~tach additional sheets if necessary Policy 8. Minimize environmental degradation in TOwn of Southold from solid waste and hazardous substances and wastes. See LWp. p Sectioo III - Policies; Pages 34 through 38 for ewtluation criteria. ~ Yes ~ No /~'Not Applicable PUBLIc COAST POLICIES Policy 9. Provide for public access to, and recreation:fl use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation criteria. Altach additional sheets ifnecessar; __ WORKING COAST POLICIES 'Policy 10. Protect Soutbold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See, LWRP Section 111 - Policies; Pages 47 lbrough 56 for evaluation criteria. ~ Yes /~ No ~ Not App'ical,h. Attach additional sheets if necessary Policy 11. Promote sustainable use of liviug marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRp Section Ill - Policies; Pa;,,es 57 through 62 for evaluation criteria. ~ Yes ~ No ~ Not Applicable Atlach additional sheets if-~lec~e~ ............. Policy 12. Protect agricultural lands in thc Ti}wu of Southohl. Sec LWRp Section 11I - Policies; Pages 62 through 6:5 for evaluation criteria. ~] Yes ~] No [~'Not Applicable Atlach additional sheets if necessaU, Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluatiou criteria. ~ Yes ~ No /~Not Applicable - Lo~$berr~. t'