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HomeMy WebLinkAbout1000-110.-7-21 Old'VICE 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: October 15, 2010 Re: Proposed Wetland Permit for PAUL LEARY SCTM#1000-110-7-21 PAUL LEARY requests an Administrative Permit to trim the vegetation encroaching onto the beach area. Located: 780 East Rd., Cutchogue. SCTM#110-7-21 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. 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: Maintain buffers to ensure that adv~,rse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unneces,,;ary disturbance within buffer areas. 3. Maintain existin.q indiqenous ,fegetation within buffer areas. The existing vegetation serves as an important buffer between the developed (lawn) and beach area. Clearing and/or trimming should be limited to that necessary to establish a 4' wide unimproved, access path. Vegetation proposed to be removed (Ammophila sp.) should be relocated to other areas; notably in the area identified on photograph 3 as with the notation "encourage grass growth". Additionally, the vegetation Identified with the note "This growth will be trimmed to allow beach grass to fill In" on photograph 3 Is unrelated to the establishment of a access path and should not be permitted. 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: Lod 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 min~terial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies end 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). o 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- sunoortin~ facts. If an action cannot be certified as cons'~ent 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 Trustees Office, the Planning Depal~ent, all local libraries and the Town Clerk's office. '~ ~.~ ' B. DESCRIPTION OF SITE AND PROPOSED ACTION ~ ~,~ ~,~ ~&J~/~ SCTM# The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board F] BuiidingOept ~ BoardofTrustees Category of Town of Southold agency action (check appropriate response)~ (a) Action undertaken directly by Town agency (e.g. capital cons~uction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: '~-~{ ~ ~-qk'r~t A[-'~' 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: (b) Mailing address: (c) Telephunenumber:areaCode ) /' 793- BJ '7 (d) Application numbe~, if any:. Wilt the action be directly undertaken, require funding, or approval by a state or federal agency7 Yes [-~ N~_~ 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 CNot Applicable Attach 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 ~Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 - 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 IH - 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 Tow~ of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria Yes ~ No ~4Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastul Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. n Y~s No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - 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 IH - Policies; Pages 38 through 46 for evaluation criteria. ~-] YeJ'-] No~otApplicable 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 HI- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~] No ~,I%t Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ['~ Yes [] No ~ot Applicable ' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for ~,~a~luation criteria. ~ Yes [] No~--~/t~I~vN°t Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Polic~ages 65 through 68 for evaluation criteria. ~-~ Yes [] No~[~Not Applicable" ! \0 , 8Ep 28 2010 , · ~ ~ DONACK ,,:. x land planning inc. S..79',:TE'/T"W. 85.8.e' 1719 north ocean avenue suite c ,.,~-~.,~,u,~ ~',zlY medford, new york 11763