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Home My WebLink About1000-82.-2-3.1 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 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: June 21,2011 Re: Proposed Wetland Permit for CUTCHOGUE 6213, LLC SCTM# 1000-82-2-3.1 Jeffrey T. Butler, P.E., P.C. on behalf of CUTCHOGUE 6213, LLC requests a Wetland Permit to remove selective vegetation between 50' and 100' from the top of the bluff and construct a single-family dwelling with detached garage, sanitary system, well, driveway, drainage, landscaping, patios and hot tub beyond 100' from the top of bluff. Located: 6213 Oregon Rd., Cutchogue. SCTM#-82-2-3.1 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 denoted following Policy Standards and therefore is INCONSISTENT with the below listed policies: Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. During the subdivision a covenants and restrictions were required by the Planning Board that limited the clearing of vegetation within the 50' buffer from the top of bluff to: 1. The removal of dead and/or noxious vegetation. 2. Removal of dead trees and cherry trees smaller than 5" (I believe this applies to DBH) by hand. 3. Re-vegetated cleared understory with Iow bush blueberry, ink berry and bayberry The applicant has not provided a clearing plan and/or a re-vegetation plan. Please have the applicant submit a clearing/re-vegetation plan to the Board. Note that the bluff area is subject to severe erosion which has resulted in structure loss, removal and/or relocation in the area. In the event that the action is approved: to further Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion, it is recommended that the Board consider enlarging the undisturbed buffer to 75' in width and establish detailed maintenance activities within the buffer. This increase would further preserve existing vegetation. 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 Hazard Area. Before answering the questions in Section C, the preparer of tlfis 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 ~. 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 Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submi~ed to (check appropriate response): < .... Town Board ~ Plannhg Board ~ Buildhg Dept. ~ Board of Trustees 1. Catego~ of To~ of Sou~old agency action (check appropriate response): (a) Action ~den~en directly by Tom agency (e.g~ Capit~ cons~ction, pl~ng acfiviW, agency re~lation, l~d ~acfion) (b) Fin~cial ~sist~ce (e.g. ~t, lo~, subsidy) 3 ~0I] (c) Pe~it, approval, license, ce~ifica~n: Na~e ~d extent of action: 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 information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-'] No~ 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 III - 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 [] 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 III - 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 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 ~[ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable 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 ~i~ 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. ~-~ Yes~ No~.Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent nses 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 ~-] No KNot 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 evaluation criteria. Yes ~q No~ Not Applicab,e 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 BY.~ / DATE ,5'/2 5~TE pLAN BASED ON ~4~VL=N~IT~ AND Rr::~TRIE, TION~ ~ ~IT ~. 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