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HomeMy WebLinkAboutTR-7463Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7463 DATE: JANUARY 19, 2011 ISSUED TO: MICHAEL & KATHLEEN M1GGINS PROPERTY ADDRESS: 640 SOUTH LANE, EAST MARION SCTM# 38-6-8 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 19~ 2011, and in consideration of application fee in the sum of $500.00 paid by Michael & Kathleen M~ggims and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'x6' steps to beach in place of existing beach steps; and revegetate with native plantings along disturbed portions of embankment; and as depicted on the site plan prepared by En-Consultants, Inc., last dated December 21, 2010, and stamped approved on January 19, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Michael & Kathleen Mig~ins, residing at 640 South Lane, East Marion, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fi.om any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Pennittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the' said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty~ President Bob Ghosio, Jr, Vice-President James F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I [ 79 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7463C Date: January 19, 2011 SCTM#: 38-6-8 Name of ApplicantJAgent: En-Consultants, Inc. Name of Permittee: Michael & Kathleen Miggins Address of Permittee: 9352 Braymore Circle, Fairfax Station, VA 22039 Property Located: 640 South Lane, East Marion, New York DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'x6' steps to beach in place of existing beach steps; and revegetate with native plantings along disturbed portions of embankment. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by En-Consultants, Inc., last dated December 21, 2010~ and stamped approved on January 19, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. INSPECTION: Final Inspection SPECIAL CONDITIONS: (apply if marked) N/A Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. N/A A relocation agreement is attached hereto and is a necessary special condition of this permit. N/A A maintenance agreement is attached with application and is a necessary special condition of this permit. Board of Trustees Jill M. Doherty, President Bob Ghosio, Jr, Vice-President James F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P,O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 19, 2011 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: MICHAEL & KATHLEEN MIGGINS 640 SOUTH LANE, EAST MARION SCTM# 38-6-8 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 19, 2011 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of MICHAEL & KATHLEEN MIGGINS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, the Wetland Ordinance of the Town of Southold, application dated December 27, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 19, 2011, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of MICHAEL & KATHLEEN MIGGINS to construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'x6' steps to beach in place of existing beach steps; and revegetate with native plantings along disturbed portions of embankment; and as depicted on the site plan prepared by En-Consultants, Inc., last dated December 21, 2010, and stamped approved on January 19, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, President, Board of Trustees JMD/eac Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Tues., January 11,2011, the following recommendation was made: Moved by Jack McGreevy, seconded by Audrey Horton, it was RESOLVED to SUPPORT the Wetland Permit & and Coastal Erosion Permit applications of MICHAEL & KATHLEEN MIGGINS to construct approx. 71 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'X 6' steps to beach in place of existing beach steps; and revegetate with native plantings along disturbed portions of embankment. Located: 640 South Lane, East Marion. SCTM#38-6-8 Inspected by: Jack McGreevy The CAC Supports the application with the Condition the applicant demonstrates the need for raising the bulkhead 6" higher and consider alternatives such as a revetment. Vote of Council: Ayes: Jack McGreevy, Audrey Horton, Peter Young Nay: Doug Hardy Motion Carried Jill M Doh¢~xy, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O Box 1179 Southold, NY 11971 Telephone(631)765-1892 Fax (631/765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: 4/I/1! MICHAEL & KATHLEEN MIGGINS requests a Wetland Permit and Coastal Erosion Permit to construct approx. 71 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'X 6' steps to beach in place of existing beach steps; and revegetate with native plantings in disturbed portions of embankment. Located: 640 South Lane, East Marion. SCTM#38-6-8 Type of area to be impacted: __Saltwater Wetland __Freshwater Wetland Sound '/'Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 __Chapt. 111 other Type of Application: ~//Wetland __Coastal Erosion __Amendment ~Ad ministrative__Emergency Pro-Submission __Violation Modifications: Conditions: / Present Were: __~J.King __J.Doherty __J."~Bredemeyer B.Ghosio, D. Dzenkowski other Form filled out in the field by j, ¢ Mailed/Faxed to: Date: D. Bergen__ MICHAEL AND KATHLEEN MIGGINS, 640 SOUTH LANE~ EAST MARION Figure L Looking south/west at ex. timber bulkhead to be rephtced (ia-place) with vinyl bulkhead. Figure 2. Looking north/east at ex. timber bulkhead to be replaced (in-place) with vinyl bulhhead. MICHAEL AND KATHLEEN MIGGINS~ 640 SOUTH LANE~ EAST MARION Figure3. Lool#tg northwest at fitce t~f e.c timber bullhead to be replaced (in-place) with vittyl bullhead and at step.~ to be replaced. 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: January 14, 2011 Re: Proposed Wetland Permit for MICHAEL & KATHLEEN MIGGINS SCTM# 1000-38-6-8 En-Consultants, Inc. on behalf of MICHAEL & KATHLEEN MIGGINS requests a Wetland Permit and Coastal Erosion Permit to construct approx. 71 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'X 6' steps to beach in place of existing beach steps; and revegetate with native plantings along disturbed portions of embankment. Located: 640 South Lane, East Marion. SCTM#38-6-8 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ~/'Coastal Erosion Permit Application --~/~etland Permit Application __Administrative Permit Amendment/Transfer/Extension ~4Rece~ved Application:~ .~q2ompleted Application~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination: (date sent). ~WRP Consistency Assessment Form .~'AC Referral Sent: !~I~G[ 11/3 ~.)~ate of Inspection: i!l ¢! II Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~'[~-ublic Hearing Held: ! !1 Resolution: Name of Applicant MICHAEL & KATHLEEN MIGGINS Address 9352 BRAYMORE CIRCLE, FA1RFAX STATION, VA 22039 Phone Number: (703) 690-3910 Suffolk County Tax Map Number: 1000 - 38-6-8 Property Location: 640 SOUTH LANE, EASTMARION (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, 1NC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone:631-283-6360 Board of Trustees ApF GENERAL DATA Land Area (in square feet): 14,219 Area Zoning: R-40 Lion Previous use of property: RESIDENTIAL, ONE-FAMILY DWELLING Intended use of property: NO CHANGE Covenants and Restrictions: If "Yes", please provide copy. Yes x No Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes X No X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Proiect Description (use attachments if necessary): Construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5' x 6' steps to beach in place of existing beach steps; and revegetate with native plantings disturbed portions of embankment, all as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. Board of Trustees AppWon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing erosion control structure. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes lfyes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project entails the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead. The project will maintain the vegetated embankment behind the bulkhead as a nonturf buffer and therefore will simply maintain existing conditions and have no adverse impact on the adjacent tidal wetlands or waters of the Town. Board of Trustees App lion COASTAL EROSION APPLICATION DATA Purposes of proposed activity. Maintain existing erosion control slructure. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? N/A How much material will be filled? N/A Manner in which material will be removed or deposited: (cubic yards) (cubic yards) N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) The project entails the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead. The project will maintain the vegetated embankment behind the bulkhead as a nonturf buffer and therefore will simply maintain existing conditions and have no adverse impact on the adjacent beachfront, erosion patterns, or adjacent properties. The property to the north/east was recently re-bulkheaded, and the property to the south/west is to be re-bulkheaded as part of this same project. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION ~I~N~/I~2~I~EN MIGGINS BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipality EAST MARION STATE ENVIRONMENTAL[~ALI~ REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A )licant or Project Sponsor) 2. PROJECT NAME MIGGINS BULKHEAD County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 540 SOUTH LANE, EAST MARION, TOWN OF SOUTHOLD, SCTM #t000-38-6-8 5.'SPROPOSEOACTION: [] ~ [~Expansion [~IVodffScalicn/alt~ation 6. DESCRIBE PROJECT BRIEFLY: SEQR Construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5' x 6' steps to beach in place of existing beach steps; and revegetate with native plantings disturbed portions of embankmem all as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. 7. AMOUNT OF LAND AFFECTED: Initially 0.326 acres Ultimately 0.326 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Residential OIndustrial [~Commercial [~Agriculture OPark/Forest/OpenSpace [~]Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes ~] No If yes, list agency name and permit / approval: DEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [~No If yes, list agency name and permit / approval: I~.~S A P,~F~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THA/T~THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name.~.l ERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date:DECEMBER 23, 2010 Signature If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lea_d_ AgenCy)- B. IAILLA'DI~ ~VE GOOt'u.~INATED REVIEWAS PROVIDED FOR UNU~. ACTiONSiN 6 NYCRR, PAR, T617.6?. IfNo, a negative C. COULD AC11ON RESULT IN ANY A[TVERSE EFFECTS ASSOCIA'[IED w~rH THE FO~.OW~NG: ~ ~ be lumdwrit~l. If Jeglble) C3. V, .a,,i,,i;u,, or fauna, fish, a,L,~,%;, or ~ r4;;~ species ,,;.,,;,~; ~_:.':..:~ of; .~,,~.,u~ or e~angored r.:.=--,..._~._-? -'*-T-L- '-.: briefly:. I"° I '1 C6. Longtemt, sh~'tteml, cumulative, orothereffeclsnot~i;;;udlnC1.CS? ~i, blielly: NO , CT. Olhor cts~ ud changeslnuseefellher ua or of · WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ~r?.Z_'MROr¢MEm__AL n.'~-A. (CEA)? (~f yea, exl~ain b~eay:. . . F- 18 THERE, OR 18 11-ERE UKELY TO BE~ CONTROVERsy RELATED TO¥OTENTtAL ADVERSE PART m - [,=, ~i;;A~)N OF $iGi~i~iCRHCE (To be corni~ted by 'aae"cy) INSTRUCllONS; F~each~dver~ee~ectideof]~ec~beve~dete~m~e~`te6~r~i~s~u~tan~aL~arge~mp~rtant~r~U~ene~e~n~n~ Each effect "heuk[ be r-sessed In ~:om~ecCio, wah b (a) ~etel; (1~. ,~an or mini); Co) probe~y of occunt~;; (~ duraaorc (d) imweraell~. (e) Name of Lead Agency Jill M. Dohert7 - " ~P?lt or Type Name of 1Respo?s~ble Officer in Lead Agency President /,~ Ig ~ure"of Re~.;F.,r. ,~,~,~: Officer in Lead Ageney Signature of Preparer (,J"diffemn~ ~'om responsible officer) ~/ ' / ' Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOV~N TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of MICHAEL & KATHLEEN MIGGINS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at/dba " being duly sworn, depose and say: '~' That on the ~ day of "~ t~ ,201\ I personally posted the property known as by placingih~ Board of ~rUst~'offiffal p6ster where it c~m easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held Wed. January 19~ 2011 on or about 6:00 PM. Dated: ~ _ (signaturc~ - .~wom to b~fore me this / °friday of~,LP~ 20 Il NOTICE TO ADJACENT PROPERTY OWNS- , BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MICHAEL & KATHLEEN MIGGINS SCTM# 1000-38 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5' x 6' steps to beach in place of existing beach steps; and revegetate with native plantings disturbed portions of embankment, all as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 640 SOUTH LANE, EAST MARION 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: JANUARY 19TH, 2011 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: MAILING ADDRESS: PHONE#: MICHAEL & KATHLEEN MIGGINS 9352 BRAYMORE CIRCLE FAIRFAX STATION, VA 22039 703-690-3910 AGENT: EN-CONSULTANTS, INC. MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. OF ~Lm~ILING OF ATTACH CERTIFIED ~L~IL [PTS Name: Address: ISKENDER EREY & ANGELICA BENGOLEA 415 CENTRAL PARK WEST, 2F NEW YORK, NY 10025 EDITH MINNIGAN OLD ORCHARD HOMEOWNERS ASSOC., INC. APRIL & NORMAN WEIqK III 91 PRINCETON AVENUE HEWLETT, NY 11557 C/O EDWARD J. FLANNIGAN, PRESIDENT 22 VAN WYCK LANE HUNTINGTON, NY 11743 62 WELLINGTON ROAD GARDEN CITY, NY 11530 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the . ~-~- day of DECEMBER ,20 10 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices wer~ Mailed to each of said persons by (certified) i~) mail. ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this~-~'' ~ day of DECEMBER ,20 10 ~ Not~l m c~A~ us~ I Iskender Erey & Angelica Bengolea 3 415 Central Park West, 2F / ......... ,.,N.~.~.,York, NY 100~ ....................... 2 rm Edith Minnigan 91 Princeton Avenue ..... I OFF ClAL USE I ~- m 123 Here Restricted Delivery Fee ' (Endorsement Required) Old Orchard Homeowner Assoc c/o Edward Flannigan, President' 22 Van Wyck Lane Huntington, NY 11743 OFF' C~ SE Postage Cerlified Fee [~ Return Receipt Fee r'~ (Endorsement Required) r'"l Restricted Delivery Fee ~ (Endorsement Required) Hem April & Norman Wenk, III 62 Wellington Road Garden City, NY 11530 Board of Trustees Lon AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at q3~',2 /f4gktt'~- (mailing address)/ "~£ggF--'~ :T~-~J f V~ Z~O~o~herebyauthorize (Agent) ~/1/' ~I~M4~}~F~! //Vt-- . to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ""-'-- (Owner's signature) of Trustees App County of Suffolk State of New York M, el&. BEING DULY SWORN DEPOSES AND AFFIRMS THAT nE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS DAY OF No~JPu~lic JONATHAN TUE NOTARY PUBLIC, STATE OF NEW QUALIFIED iN SUFFOLK COUi~T~ NO. 01TU6192157 MY COMMISSION EXPIRES 08-25-201'2 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics t~rohibits conflicts of interest on the t~an of town officers and emt~lovees. The tmmose of this form is to orovide information which can alert the town of vossible conflicts of interest and allow it to take whatever action is necessary to avoid YOURNAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check ali that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more tha~'of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name &person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent~representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner &any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this~ay~f ~' ~ 200__ Signa~ Prinf~Name ~J~--:-/~DO~ ~::~' fi~ ~ ~'~ I Town of Southold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* incIadingT0wn 0fS0uth01dagencies, shallc0mpletethisCCAF for proposed actions that are subject to the T0wn of S0uth01d W aterfr0nt C0nsislency Review Law. This assessmentisintendedt0supplement0t~erinf0rmati0n0sedbyaT0wn0fS0uth01dagencyin m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *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 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 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 suooortine and non- suooortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 38 6 - 8 PROJECT NAME MICHAEL & KATHLEEN MIGGINS The Application has been submitted to (check appropriate response): TownBoard [--] PlanningBoard~'---] 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: Construct approximately 71 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5' x 6' steps to beach in place of existing beach steps; and revegetate with native plantings disturbed portions of embankment, ail as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. Location of action: 640 SOUTH LANE, EAST MARION Site acreage: 14,219 S.F. Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 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: MICHAEL & KATHLEEN MIGGINS (b) Mailing address: 9352 BKAYMORE CIRCLE FAIRFAX STATION, NY 22039 (c) Telephone number: Area Code 703-690-3910 (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. I--lYes ~] 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 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 The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead at thc toe of the embankment since prior to 1977, and the project seeks to maintain this existing condition through the ordinary and routine in-place replacement of the bulkhead. There is no viable non-structural alternative means of maintaining and protecting the vegetated embankment and upland portion of the parcel in its current location. Therefore, the project is consistent with Policy 4 to the extent this policy can be applied to the in-place replacement of an existing bulkhead. 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 Policy 5 to the extent that the existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing. 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 Apl~icable 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. 7] Yes ~No~ Not App~icaUe 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. 7] Yes D 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 Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the existing bulkhead in no way impedes or precludes public access along the subject shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Pilicy 10. Protect Southo~ter-dependent uses and promo~g suitable locations. See LWRT Section III - Policies; Pages 47 through 56 [--] Yes [--] No [~ Not Applicable of new water-dependent for evaluation criteria. uses in 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 [5~] 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 [5~] 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 ROBE~. HERRMANN TITLEcoASTALMGMTSPECIALIST DATE 12/23/10 Amended on 8/1/05 EN-CONSU LTANTS _INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com December 23, 2010 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Re: Michael & Kathleen Miggins 640 South Lane, East Marion SCTM # 1000-38-6-8 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three (3) Wetland & Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. 2. One (1) set of site photographs. 3. Application fee of $250.00 wetlands. 4. Three (3) LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Rob~rt'E. Herrmann Coastal Management Specialist /kbs Enc. 1-1/2 STORY FRAME HOUSE DECK R.~MO.VED' 71 TO BE Map ~2 .q~zcf FRO?~Rr~) REPLACED STEPS PROPO~I? I~WI~t~AP I~PLAC~M~NT (IN-PLAClf-) POl~ MICHEL. ~ KAI'HL~N MI~IN~ ON ORIENT HAI~OR, ~AST M~ION, ~PPOL. K COUNTY, NY .$1'lP.~f I OP I 12/21/I0 UNAUTHORIZED ALTERATION OR ADDITION TO THiS SURVEY IS A VIOLATION OF SEC~ION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING iNSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING ~NSTI- TUT1ON. CERTIFICATIONS ARE NOT TRANSFERABLE, THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SUR~I~;~f.I~,-~STABLISHSD BY THE LLA. LS. AND~R~O.~EJ~.~/D ~qPTED FOR SUCH USE BY~J[<NF-W ~ ~T~TE ~ND TITLE ASSOCIATION( · · ".-. '. ,,, N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Successor To: Stanley J. fsaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys -- Subdivisions -- Site Plans -- Construction Layout PHONE (651)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 damesport, New York 11947 Jamesport, New York 11947 SURVEY OF PROPERTY SITUA T£ EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-$8-06-08 SCALE 1"--20' NOVEMBER $, 2010 AREA = 14,219 sq. ff. (tO TIE LINE) 0.326 ac. NOTF~$: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~ F. FL. - FIRST FLOOR C.~-L.- GARAGE FLOOR TB - TOP OF BULKHEAD BB BOTTOM OF BULKHEAD 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56105C0177 H ZONE yE: COASTAL FLO00 WITH V[LOCITT HAZARD (WAVE ACTION); 0 / // / / / / / / / / / / / / / / / / / / / / / 4o / 30-244