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Home My WebLink About1000-107.-4-13 SOF S;0 OFFICfE LOCATION: �0� Ol0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 543751 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) S ;k1% • �� Telephone: 631 765-1938 Southold, NY 11971 Fax: 631765-3136 COUNT`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: January 16,.2018 Re: LWRP Coastal Consistency Review for THOMAS & LINDA KELLY SCTM# 1000-107-4-13 En-Consultants on behalf of THOMAS & LINDA KELLY request a Wetland Permit to remove existing fixed catwalk, ramp, and floating dock, and replant any disturbed tidal marsh vegetation in- kind/in-place; maintain existing 335sq.ft. on-grade walkway and patio area consisting of loose stone pavers set in soil on top of berm and associated 3.5'x8' stone steps; remove existing mulch and landscaping from approximately 175sq.ft. portion of non-disturbance buffer; remove approximately 340sq.ft. of existing mulch from cleared pathway that extends onto easterly neighboring property within 100 feet of wetlands; reduce width of existing cleared/mulched pathway to 4 feet by restoring approximately 1,350sq.ft. of pathway with. native vegetation; and clear and maintain new 4' wide pathway from existing 12'x16' timber kayak rack (to remain) to the tidal wetlands boundary along Long Creek. Located: 4553 Wickham Avenue, Mattituck. SCTM# 1000-107-4-13 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 action to remove existing fixed catwalk, ramp, and floating dock, and replant any disturbed tidal marsh vegetation in-kind/in-place; remove existing mulch and landscaping from approximately 175sq.ft. portion of non-disturbance buffer; remove approximately 340sq.ft. of existing mulch from cleared pathway that extends onto easterly neighboring property within 100 feet of wetlands; reduce width of existing cleared/mulched pathway to 4 feet by restoring approximately 1,350sq.ft. of pathway with. native vegetation is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. The request to maintain existing 335sq.ft. on-grade walkway and patio area consisting of loose stone pavers set in soil on top of berm and associated 3.5'x8' stone steps; and clear and maintain new 4' wide pathway from existing 12'x16' timber kayak rack (to remain) is recommended as INCONSISTENT pursuant to: 6.3 Protect and restore tidal and freshwater wetlands. A. 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 9. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed work is included within a 50' wide non-disturbance buffer established in permit number 7149 dated July 22, 2009. Although undefined in Town Code, it is my understanding that an undisturbed buffer is an area that shall be left in a natural state. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. yr Town of Southold _ LWRP CONSISTENCY ASSESSMENT FORM D E C A. INSTRUCTIONS ! I, All applicants for permits* including Town of Southold agencies, sh o*&SAgUtA r proposed actions that are subject to the Town of Southold Waterfront Co si T is assessment is intended to supplement other information used by a T wn of 0gency in making a determination of consistency. *Except minor exempt actions in u ang ui is and other ministerial 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 and explanations of each policy contained in the Town of Southold Local aterfront Revitalization Program. A proposed action will be evaluated as to its si nificant en ial and adverse effects upon the coastal area which includes all of Southold Town). y question in Section C on this form is answered "yes" or "no", then the proposed action will ect the achievement of the LWRP policy standards and conditions contained in the consistency �Q� occa eview law. Thus, each answer must be explained in detail, listing both supporting and non-supporting 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 Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 107 - 4 _ 13 PROJECT NAME Thomas&Linda Kelly The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial,assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Remove existing fixed catwalk,ramp,and floating dock,and replant any disturbed tidal marsh vegetation in-kind/in-place;maintain existing 335 sf on-grade walkway and patio area consisting of loose stone pavers set in soil on top of berm and associated IT x 8'stone steps;remove existing mulch and landscaping from approximately 175 sf portion of non-disturbance buffer;remove approximately 340 sf of existing mulch from cleared pathway that extends onto easterly neighboring property within 100 feet of wetlands;reduce width of existing cleared/mulched pathway to 4 feet by restoring approximately 1,350 sf of pathway with native vegetation;and clear and maintain new 4'wide pathway from existing 12'x 16'timber kayak rack(to remain)to the tidal wetlands boundary along Long Creek, all as depicted on the survey/site plan prepared by Kenneth M.Woychuk Land Surveying,PLLC,last dated November 28,2017. Location of action: 4553 Wickham Avenue,Mattituck Site acreage: 78,814 sf Present land use: Residential,single family dwelling Present zoning classification: R-40 2. 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: Thomas&Linda Kelly (b) Mailing address: 4553 Wickham Avenue Mattituck,NY 11952 (c) Telephone number: Area Code 516-885-6294 (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. F]Yes F-1No ® 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 I� 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 The project is consistent with the Policy 5 goal of protecting and improving water quality,as it will result in 1)the removal of approximately 288 sf of unpermitted dock structure from the vegetated wetlands and tidal waters of Long Creek;and 2)the vegetative restoration of approximately 1,865 sf of cleared areas located within Chapter 275 jurisdiction,including portions of the existing 50' wide non-disturbance buffer adjacent to wetlands. The approximately 335 square feet of walkway and patio areas to remain on top of the existing berm will have no adverse effects on water quality or wetlands,as they consist of spaced,loosely laid stone pavers on grade. 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 III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable The project is consistent with the Policy 6 goal of protecting and restoring the quality and function of the surrounding wetlands ecosystem,as it will result in 1)the removal of approximately 288 sf of unpermitted dock structure from the vegetated wetlands and tidal waters of Long Creek;and 2)the vegetative restoration of approximately 1,865 sf of cleared areas located within Chapter 275 jurisdiction,including portions of the existing 50'wide non-disturbance buffer adjacent to wetlands. The approximately 335 square feet of walkway and patio areas to remain on top of the existing berm will have no adverse effects on water quality or wetlands,as they consist of spaced,loosely laid stone pavers on grade. 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. ❑ 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 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 ❑ No® Not 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 ❑ No ® 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 BY TITLECoastal Management specialist DATE 12/8/17 Rob emnann Amended on 811105 F it qke ./�I li M • yw. r LIM 1. a f� s 4 y, waP IJ � t ,. .�- 'f],/ . �Y+�t�`:� YFS "- ••r"n`9�'k�`X n„'A Z` 1r t �'h4 ''f w: -.♦ Y k ,,°�,'. . THOMAS AND LINDA KELLY,4553 WICKHAME AVENUE,MATTITUCK T wk s � 4 j n w A Figure 3. Looking southwest at existing loose stone paver patio area to remain. H i It T. e t- t. Figure 4. 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