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HomeMy WebLinkAboutTR-7464APR - 4 2012 NE.C~ -- cro APPROVED BOARD OF TRUSTEES TOWN OF SOUTHOLD .S CALF__ SCALE · -<---- TO STA~RZ 4 Y. zk- ~ .'-- PE_B~LE PAT't', ~&/AY · pLAN (TOP) VIEW TERRACE b ~.~,AbE I" ~ SC~.LF_ ~ -I- John E. Jones Old Orchard Homeowners Association East Marion, NY 11939 April 19, 2012 Board of Trustees Town of Southold, NY 11971 Gentlemen, Please accept my sincere apology for my deviating from your agenda last night. By way of explanation: As you know this was the first time I appeared before the Trustees. I had called your office to ask about the status of our Bulkhead Amendments. Elizabeth advised me that our case was on the agenda and that it would probably be reviewed early in the evening. She also indicated that I should be prepared to answer questions the Trustees might ask. As the evening began we (those of us in the courtroom) had difficulty hearing what the Trustees were saying. Perhaps the audio system was not turned on or the volume was very low. The Trustees moved swiftly through the agenda. As our case was being reviewed I could not clearly hear the discussion. I had expected to be called to the podium by the Trustees. That did not happen and the agenda moved on to the next case, I did not know what the proper protocol was but it was important for me to know what had transpired so that I could report the results of the hearing to my Association. I thank you for giving me the opportunity to ask for, and to obtain from you clarification. I now know what happened and why. You also reviewed for me what to expect as the process moves forward. It is my hope that I will be able to join with you as you are making your inspection of our site. This would enable me to answer any questions you might have about our amendments. At this time I would like to thank you for your past considerations. It is also important to me to tell you how helpful Elizabeth has been in "walking" me through the process. Jill Doherty had advised me that the Office of the Board of Trustees would be helpful. Sincerely, John E. Jones James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APl? - 4 2072 APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT ADDRESS Signed By: ~ REASONS FOR REQUESTED AMENDMENTS Amendment #1 To add benches to deck Benches were induded as part of the deck in our original plan. Somehow the benches were omitted in the plan submitted to the Trustees. The benches are vital to the deck project. The benches provide: 1. A place to sit and enjoy the view. 2. A place to prepare young children for the beach. 3. A place to clean sand from your feet and change footwear for the walk home. 4. Of great importance- the bench serves as a safety rafting to prevent people from falling over the top of the bulkhead. Please see accompanying photos. Amendment #2 To terrace the walkway Run-off following a rainfall has been a serious problem. A large hole (3'x3'x2') has Washed out at the juncture of the upper deck and the walkway (please see photos). To date we have filled this hole three times only to have it washed out with the next heavy rainfall. The problem is caused by the inclined grade from the road {South Lane) down the pathway to the upper declc There is also additional run-offonto the pathway from the two adjacent private properties. There are many reasons why this run-off from the road and lawns should be stopped. We feel the problem will be mitigated by installing a barrier and terracing the the walkway. Please see plans #4 and #5. Amendment #3 To provide for small boat storage landside of the bulkhead Please see Plan #1 which shows Small Boat Storage. 1. This 10 foot wide strip of property is owned by the Homeowner Association 2. There are 18 families who make use of the beach along with their guests 3. The beach is only 147.27 feet in length and as little as 30 feet in width 4. A growing number of members would like to keep their small boats at the beach 5. The beach lacks the capacity to provide for both bathers and boats APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE Ii~DRM Thc Town of Southold's Code of nthi~ vrohibits ,-~n~liets ofintet~'t on the oart oftown 6fficorz and omniovecs. ~ mu'oo~ of this form is to nmvid~ information which can al~ the town of nn~ihle confficls of i~tex~ and allow it to ~ what~vCr aotion is toavoid e. /'2 c. . (Last heine, lust name, ~niddle initial, unle,~ss you am applying in ~e nam~ of someone else or other entity, such aa a compeny. If so, indicate.~.other person's or company's name.) NAME OF APPLICATION: (Che~k ~ll that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship.with any officer or employee of thc Town of Southald? "Relationship" includes by blo~d, iqarriage, or business hY/e. te~ "Busine~ interest" means a busine~ including a parlnorshi'p, in which the town officer or employee has even a partial owne~hip of (o~' employment by) a coqaorafion in which the town oflqcer or employee owns more than 5% of the sha~$. YES NO lfyou answer~d"YES", complete the balance of this form and date and sign wher~ indice~M. Name of pemon employed by the Town of Southnid Title Or position of that pe~oo Describe the relationship b~twcen yourscff (thc ~plicant/agcnt/repre~cntafive) and the town officer or omploye~. Either cl~ck the appropriate line A) through D) and/or dusc'fihe in the apace pro~ided. The town officer or employee or his or her speu,~, sibling, paremt, or child is (check all 0eat apply): __:A) tho owner of greater than 5% of the shares of the coq~orate stock of th~ ~plic~nt (when the applicant is a corporation); ' __B) the legal or bcnefinini own~.r of any intereat in a non-cerP°cate entity (whe0. the applicant is not a corporation); ' , __.C) an officer, director, parmei', or employee of thc applicant; or __D) thc actual applicant.. DESCRIPTION OF RELATIONSHIP Form TS 1 Board of Trustees Application Coant~ of Suffolk StaIe of N~w York ~ , ..~_ _ ~2...~ -BEI~O DULY SWORN :DEPOSES AND :~ THAT ~ ~ ~ ~C~'~ ~ ~0~ D~~ P~(S).~ ~T ~L ~A~S CO~ ~ ~ ~ ~:~ B~T OF ~.~0~ ~ B~, ~ ~T AI.L wO~ ' ~;L-BE~,~~S~-~'~P~CA~N~ ~Y A~ m HOLD ~ TO~ O~ SO~O~ ~ ~ ~O~ ~US~S ,~O~'~ ~-O~ S~'V~(S),.'~.~.:m CO~O ~ ~P~CA~ON, I ~Y-A~~ ~ ~, ~-A~(S) ~ ~~~(S}; TO '~ O~O-~ PROP~ ~ ~ ~ "~ ~'CON~ON ~ ~W OF ~S ~PLICA~ON. SWORN TO BEFORE ME THIS' ~/ BR TrA~y A. GENOINO.. Notar~ Public, State of New York No. 01GE6245154 Qualiffed in Suffolk County ~- Commission Expires July 18,20 I'-~ OLD ORCHARD HOME OWNERS ASSOCIATION, INC. AT'FEN'i']ON: BOARD OF SOUTHHOLD TOWN TRUSTEES RE: PERMIT NO. 7464C, 550 ,SOLYFH LANE, EAST MARION, NY '~.IIS Lt: ~ ~ ~R WiLL AUTHORIZE JOHN JONES TO ACT ON BEHALF OF THE OI.D ORCHARD HOME OWNERS ASSOCIATION, INC. ~'OOHOA') TO ACT ON ITS BEHALF, TO FiLE APPUCATION TO AMEND FI'S ORIGINAL PLAN AND STAIRS LEADING TO THE OOHOA'S OWNED BEACH. EDWARD/J. FLANNIGAN PRESID~EfNT, PERMiT'FEE James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20,2012 Mr. Edward Flannigan Old Orchard Homeowners Assoc., Inc. 22 Van Wyck Lane Huntington, NY 11743 RE: WETLAND PERMIT #7464 & COASTAL EROSION PERMIT #7464C 550 SOUTH LANE, EAST MARION SCTM#38-6-10 Dear Mr. Flannigan: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., June 20, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7464 and Coastal Erosion Permit #7464C to include the beach seating on the deck, install barrier and terrace to stop erosion, and provide for small boat storage, with the Condition the boat storage is on the bulkhead or on the seaward side of the bulkhead, and as depicted on the plans prepared by Jack Jones stamped approved on June 20, 2012. This is not a determination from any other agency. Sincerely, Jame .~King, Preside~ Board of Trustees JFK:lms A 2273 Town of Southold Suffolk County, NY The People of the State o! New York vs. MIOOLE INmAL A'2274 Town of Southold Suffolk County, NY The People of the State of New York vs. 876 Town of Southold Suffolk County, NY The People of the State of New York vs. COURT COPY A-2275 Town of Southold Suffolk County, NY The People of the State of New York vs. S?~E__.~_A~RESS / · A~T NO TOYOTA THE ABOV; NAMED DEFENDANT OlD ON ~I~E STATED DATE, TIME COURT COPY James F. King, P~esident Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J Domino PO. Box 1170 Southold, NY 11971 Telephone(631 765-1892 Fax (631)765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/Worksession Report John E. Jones on behalf of OLD ORCHARD HOMEOWNERS ASSOC. requests an Administrative Amendment to Wetland Permit #7464 and Coastal Erosion Permit #7464C to include the beach seating on the deck, install barrier and terrace to stop erosion, and provide for small boat storage. Located: 550 South Lane, East Marion. SCTM#38-6-10 Type of area to be impacted: .~/ __Saltwater Wetland __Freshwater Wetland Sound Distance of proposed work to edge of wetland ~) Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Typ, e of Application: Wetland Coastal Erosion ~Amendment _~dministrative__Emergency --Pre-Submission -- Violation Info needed: Modifications: Conditions: Pres/ent Were: King L,//B. Ghosio Z"/D. Bergen, ~ J. Bredeme~7 ',/'~Vlichael Domino ' D. Dzenkowski Form filled out in the field by ~,//, /U ,' .,f¢"'~ " other Mailed/Faxed to: Date: Photographs for the Amendment to the Bulkhead/Deck Permit Permit #74464C Old Orchard Homeowners Association 550 South Lane, East Marion, New York 11939 Photo #1 Looking from East To West Shows construction of the lower deck and benches. Shows how benches serve as a safety railing. Photo #2 Looking from North to South Shows erosion and washed out hole where walkway meets upper deck. Photo #3 Looking from East to West Shows washed out hole where walkway meets upper deck (as shown in Photo #2 but from a different angle). Photo #4 Looking from East to West Shows the construction of lower deck and the benches. Shows the build up of washed out soil on the deck. This soil is a few inches deep and covers more than half of the deck. The soil is also overflowing the bulkhead. APR - 4 ~01Z '- OLD ORCHARD HOME OWNERS ASSOCIATION, INC. ATTENTION: BOARD OF SOUTHHOLD TOWN TRUSTEES RE: PERMIT NO. 7464C, 550 SOUTH LANE, EAST MARION, NY THIS LETTER WILL AUTHORIZE JOHN JONES TO ACT ON BEHALF OF THE OLD ORCHARD HOME OWNERS ASSOCIATION, INC. ("OOHOA") TO ACT ON ITS BEHALF, TO FILE APPLICATION TO AMEND ITS ORIGINAL PLAN RELATING TO THE REPLACEMENT OF THE OOHOA BULKHEAD, PLATFORM AND STAIRS LEADING TO THE OOHOA'S OWNED BEACH. E DW~,~,R D.'J. FLANNIGAN PRESID,.ENT, PERMITTEE Apr 07 11 09:57p /an crowley 631-323-1772 p.1 NOTICE OF COMMtENCEMENT OF CONSTRUCTION RETURN THIS FORM TO;COMFLIANCE Or Fax to: 63!-444-0297 Bureau of Hub tat-TW 50 Ci"cle Road Stony Br3ok, NY 1 ! 793.7409 . P ¢ ~ te a~d ~n c~plete the proje~ )p~roved pla~s. We can d3 so n fuil c~pli~ce ~ a~ p an n~tes and ~ c~l~o~. )e a¢~i!able at Ihe site f~r ;ns~ct ~ n a~rdan~ ,~ Gene*a ~, ~- ~:* - ~ .... ~ , p~f~ s~n. and appm~ p,ans wdl PER~ITEE: 6 ,~/~ L-'~ --", '~ ~ ~ ~ 3AT 'HIS NOTICE MUST BE SEf,~T TO T~CE ABOVE ADDRESS AT LEAST ~'VO DA Y$ PR/OR TO COM~NCE~NT OF T~ PROJECT tND /OR ANY A SSOCfA ~O ACTIVITIES. FAILURE TO ~ TURN THIS NO TIC~ ~S T THE PE~t T SIGN, OR HA VE ~E PERM~ T AND '~PPROVED P~NS AVAI~BLE AT ~ WC~ S~TE FOR T~E DU~ATIOt~ OF THE PROJECT ~ SUBJECT ~E PERMI~EE WD/OR CONtrACTOR TO APPLICABLE SANCTIO~ AND PENAL TtE~ FOR NON-COMPL[ANCE Wt~ PERMIT COND]TIONS. NOTICE OF COMPL~ON OF CONSTR~OH :ETURN THIS FORM TO:COMPLIANCE 9ureaJ of Habitat- TW 50 Circte Roa~ Stony Brook, NY 117~0-.3409 E R,¥11T NUMBER: ERMITTFE NAME & PROJECT AD'DREsS: Or Fax to: 631-444-0297 EXPIP, AT; ON DATE: ONTRACTOR NAME & ADDRESS; TELEPPONE: JrSUant to special con;fition$ ol the referer~ced ~err~tr you ~ he-eby ~ol~ ~ lh~ aut~z~ a~ was ~plele~ on _= We have fully complied w~h the te~8 and ~nditi~s of ~e ~il ~d approved pJans. (Bo~ signatu~s required) PERMI~: DATE CONTRACTOR: . DATE Wh H PHOTOGRAPHS OF ~-Hc COMPLETED WORK AND/OR A COMc~ C:T, ~ ' · ,, L_ ED ,..,URVE~, ASAPPROPRiATE, MUSTBE '~NT TO THE ABOVE ADDRESS WITHIN ~0 GA ¥$ OF COMPLETION OF THE PROJECT. Standish, Lauren From: Sent: To: Cc: Subject: John E Jones [jjonesem@optimum.net] Tuesday, May 15, 2012 10:06 AM Standish, Lauren McCarthy, Marianne Old Orchard Homeowners Assoc. Bulkhead Permits #7464 and 7464C Board of Trustees Town of Southold Gentlemen, I am writing this not as John E. Jones representing the O.O.H.A. but as Jack Jones with a personal and financial interest in the decision you will make regarding the requested amendments to our permit. Yesterday I visited the office of the Trustees. For the first time I was able to see the two letters objecting to our amendments. These two letters attempt to picture one family as being victimized. I do not agree with that assertion. I attempted to write a rebuttal while at your office. Upon arriving home I reviewed some the information I have in my O.O.H.A. file. I would like to share the following with you. Over two years ago (on 4/21/10) the members of O.O.H.A. were asked to vote on a proposal to replace our very old and damaged bulkhead. The proposal included the following and I quote: "It was negotiated that we would rebuild the bulkhead ........... . We would construct a boardwalk on the 10' parcel the Association owns. --- This would be either wood or simply sand ..... this boardwalk will serve as a sitting area or perhaps for storing some of the surfboards that now crowd the beach." The President of our O.O.H.A. declared the entire proposal as as being approved with the required 2/3 vote. It is clear that 2/3 of the membership approved of the intended use of the Association property as requested in our amendments to our Bulkhead permit. What remains is your approval of our amendments. I apologize for the complications that have developed in this case. It has all been a huge surprise to me. I thought our application would have "smooth sailing". Sorry you had this extra burden placed on you. Sincerely, Jack Jones May2, 2012 Board of Town Trustees Town of Southold Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971 - 0959 Board of Town Trustees: MAY 1 4 2012 Following are facts in support of item//6 of John E. Jones, under Application for Administrative Amendments to Wetland Permit #7464 and Coast to Erosion Permit #7464 C to include the beach seating on the deck, install barrier and terrace to stop erosion, and provide for small boat storage. Located 560 S. Lane, East Marion SCTM //38-6-10. II. III. The property in question is owned by the entire Old Omhard Community, and is not the property of the two homeowners behind it. This property is part ora gift to the Old Orchard Community by the Thorp family, including the beach, this property, roads, and the beach accessway. The property taxes and maintenance on this property are paid by dues or contributions by the entire Old Orchard Community, not the two homeowners behind this community property. Since the Old Orchard Community owns this property, they certainly have the right to access and use of it. Because of this, the two properties behind this community property are WMerv/ell/properties, not waterfront properties. The Old Orchard Community has many retirees, older members - some with physical impairments - who benefit greatly from the deck and benches. The benches provide secure comfortable access to view the bay and their families without negotiating two flights of stairs, walking on sand, and struggling with beach chairs, which they may not even have. The cost of construction of the deck and benches was paid by three people - one Association member and two non-members. This is a valuable asset for use by the entire Old Orchard community. Denying it to them would be a real disservice. Actions are being initiated which would, in fact, deny community access. The community property behind the bulkhead and extending inland some 10 feet has been planted with grasses and reeds where formerly beach equipment, kayaks, surfboards and normal beach items had been stored. VIII. The height of the retaining wall that separates the common area from the residences behind it had served to shield the waterview homeowners from the view of this area. Therefore, these new plantings are not necessary to improve the view. The enclosed photo shows this, as well as a surfboard stored in the common property. The kayak on the beach had also been stored on this area. The photo was taken on August 15th, 2011. These new plantings also serve to prevent community members from using this community property. By preventing community use, it becomes, in effect and functionally, the apparent, if not legally, "property" of the homeowner behind it. It also brings a tick habitat down to the beach. The use, by the community, of the deck, benches and that joining area is an asset that has the effect of adding to the value of the properties of all community members. Planting anything that would make such use and access difficult or impossible has the opposite effect, while enhancing the value of the properties behind it, through, in effect enlarging their property frontage by 10 feet, "squatters' rights"-wise, if not legally. This is not proper, and should be readily apparent, since the daughter of the homeowner is on the Board of the Old Orchard Homeowners Association. This position of authority should be used to advance the interests of the community, and not one's own interests. The enclosed photos were taken last year and demonstrate the value to the community, and the enhancement of the beach almosphere that the benches and deck area provide. The beachfront area between the bulkhead and retaining wall - the Old Orchard Community property, extends to the entire width of the property behind it, to a depth of 10 feet - hundreds of square feet of property, adding greatly to the value of the property behind it, if others (the owners) could be denied access and use, while they continue to pay the property taxes. This action by an officer of the Old Orchard Homeowners Association is a conflict of interest, shifting access and use of this valuable property from the Old Orchard community to the owners of the property behind it. This situation should not be allowed to continue. Respectfully, Peter Heinz 540 North Lane East Marion P.O. Box 307 '7. //. /¢- /7¸ /~' ~o~7-£ cc_, May2, 2012 Board of Town Trustees Town of Southold Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971 - 0959 Board of Town Trustees: Following are facts in support of item #6 of John E. Jones, under Application for Administrative Amendments to Wetland Permit #7464 and Coast to Erosion Permit #7464 C to include the beach seating on the deck, install barrier and terrace to stop erosion, and provide for small boat storage. Located 560 S. Lane, East Marion SCTM #38-6-10. The property in question is owned by the entire Old Orchard Community, and is not the property of the two homeowners behind it. This property is part of a girl to the Old Orchard Community by the Thorp family, including the beach, this property, roads, and the beach accessway. II. The property taxes and maintenance on this property are paid by dues or contributions by the entire Old Orchard Community, not the two homeowners behind this community property. Since the Old Orchard Community owns this property, they certainly have the right to access and use of it. Because of this, the two properties behind this community property are ll/St~/'ld~Wproperties, not waterfront properties. III. The Old Orchard Community has many retirees, older members - some with physical impairments - who benefit greatly fi.om the deck and benches. The benches provide secure comfortable access to view the bay and their families without negotiating two flights of stairs, walking on sand, and struggling with beach chairs, which they may not even have. The cost of construction of the deck and benches was paid by three people - one Association member and two non-members. This is a valuable asset for use by the entire Old Orchard community. Denying it to them would be a real disservice. Actions are being initiated which would, in fact, deny community access. The community property behind the bulkhead and extending inland some 10 feet has been planted with grasses and reeds where formerly beach equipment, kayaks, surgooards and normal beach items had been stored. VI. VIII. The height of the retaining wall that separates the common area from the residences behind it had served to shield the waterview homeowners from the view of this area. Therefore, these new plantings are not necessary to improve the view. The enclosed photo shows this, as well as a surfboard stored in the common property. The kayak on the beach had also been stored on this area. The photo was taken on August 15th, 2011. These new plantings also serve to prevent community members from using this community property. By preventing community use, it becomes, in effect and functionally, the apparent, if not legally, "property" of the homeowner behind it. It also brings a tick habitat down to the beach. The use, by the community, of the deck, benches and that joining area is an asset that has the effect of adding to the value of the properties of all community members. Planting anything that would make such use and access difficult or impossible has the opposite effect, while enhancing the value of the properties behind it, through, in effect enlarging their property frontage by 10 feet, "squatters' rights"-wise, if not legally. This is not proper, and should be readily apparent, since the daughter of the homeowner is on the Board of the Old Orchard Homeowners Association. This position of authority should be used to advance the interests of the community, and not one's own interests. The enclosed photos were taken last year and demonstxate the value to the community, and the enhancement of the beach atmosphere that the benches and deck area provide. The beachfront area between the bulkhead and retaining wall - the Old Orchard Community property, extends to the entire width of the property behind it, to a depth of 10 feet - hundreds of square feet of property, adding greatly to the value of the property behind it, if others (the owners) could be denied access and use, while they continue to pay the property taxes. This action by an officer of the Old Orchard Homeowners Association is a conflict of interest, shifting access and use of this valuable property from the Old Orchard community to the owners of the property behind it. This situation should not be allowed to continue. Respectfully, Peter Heinz 540 North Lane East Marion P.O. Box 307 Standish, Lauren From: Sent: To: Cc: Subject: John E Jones [jjonesem@optimum.net] Monday, May 07, 2012 3:23 PM Standish, Lauren Larsen, Patricia [New Sender - ] - Old Orchard Homeowner Association Bulkhead Permits #7464 and #7464C - Message is from an unknown sender Board of Trustees Town of Southold Gent 1 emen, My name is John Jones and I have been representinG the 9~ Orchard Homeowners Association in their application to amend their bulkhead permits #7464 and #7464C. I am writing to you now not as a representative of 0.O.H.A. but as a member. I do this in advance of your inspection because there is some information you should be made aware of. I was instructed by your office to identify the areas involved in our application. I satisfied this requirement. Someone removed the stakes and tape that I had installed which clearly marked the areas. A second "setup" has been put in place which I hope will be satisfactory. There are 15 properties in our community that have deeded beach rights. The deeded rights apply to the community beach and the 10' x 69.56' strip of land between our new bulkhead and another new 3' to 4' high bulkhead. One resident (owner of the the 3' to 4' bulkhead) who has objected to the boat racks being placed on our strip of property has planted 1,000 beach grass plugs in the 10' x 69.56, area. She did so with with funds provided by the President of the O.O.H.A. This action has not as of this date been approved by the Association. Recently two other members of our Association had their bulkheads replaced. Both projects about the same size as ours. I have been told that one used 60 beach grass plugs, the other used 100 beach grass plugs and 24 bayberry bushes. It is my understanding that both of these projects satisfied the requirements. Our beach is very small for 15 properties, and we have a growing number of bathers. Also, we have some members who would like to keep their small boat at the beach. To satisfy these needs we must make use of our 10' strip of land. The plantings that have been put in place will make it difficult for our members to make use of the area for sitting or for boat storage. Perhaps that was the reason for the 1,000 plantings. Any restriction placed on the use of the beach or the strip of property will have the effect of reducing the value of the 15 deeded beach rights.properties. I have been advised that such deeded beach rights add about 20% to the value of each property. Any restriction of use will result in a significant loss of property value for the 15 deeded beach rights properties. We have a problem. It seems to me to be unfair for the O.O.H.A. members to pay taxes and other expenses for this strip of property and to not be able to make use of it. Perhaps you would be kind enough to provide us with some guidance and/or help so as to solve our problem. Perhaps a compromise would be that you would approve of boats stored in this community owned 10' x 69.56' strip so long as the boats would be no higher than the 3' to 4' inland wall? Would you object if the beach grass plants was reduced to 100 or so? It is my understanding that an inspection of our site is scheduled for Wed. May 9. Please call If can be of any assistance or answer any questions you may have. Thank you, John (Jack) Jones 631 477 1810 Lauren, As you have in the past, would you please E-Mail me to acknowledge receipt of my message. Thank you, John (Jack) Jones PATRICIA C. MOORE Attorney at Law 51020 Main Road Sonthold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries April 16, 2012 Board of Trustees Town of Southold P.O.Box 1179 Main Road, Southold, NY 11971 By Fax Re: Old Orchard Homeowner's Association 1000-38-6-10 Amendment to Wetland Permit #7464 & 7464C Dear President King and Board: I have been retained by Edith Minnigan, the owner of the property adjacent to the beach and right-of-way which is the subject of your amendment. Her property will be directly affected by this application and is a significant modification to the original permit. My client opposes the issuance of the amendment of the wetland permit as to the following items: The bench seating on the deck, as proposed: We respectfully request that the Association add either a bench, fence or some form of barricade to the platform which will control the damage to the vegetation between the bulkhead and my client's retaining wall. The area between the stairs, platform and benches has become a play area for the children. We ask that the vegetated area be protected. Boat storage between the bulkhead and my client's retaining wall. The Trustees permit properly required the restoration of the bank and replanting of the disturbed area between the reconstructed bulkhead and the retaining wall. This area has been planted with beach grass and will provide both environmental benefits as well as erosion control to protect my client's property. My client opposes placement of boat racks, storage and the human activity in the restored vegetated buffer between the bulkhead and the retaining wall. Enclosed are pcitures of the natural area and the restoration of the buffer with sea grass. The President of the Association limited this application to obtaining an amended permit for the "as built" seating on the deck and installation of the barrier & terrace to stop erosion. The relocation of the existing boat storage from seaward of the bulkhead, on the beach, to above the bulkhead consequently removing the vegetated buffer was not approved by the Board of the Old Orchard Homeowner's Association. Mr. Jones does not have authority to request the relocation of the boat storage. This issue (change to a vegetated buffer protecting the waterfront properties) is a significant modification to the wetland permit and we would request a public hearing. Moreover, the proposed boat racks and boats would be approximately 4+ feet in height, my client's retaining wall is only 3 feet, therefore the boat racks and boats will be stacked above the retaining wall and materially change the use of the area between the bulkhead and the retaining wall. The Association rights to use the beach area did not contemplate boat racks running in front of both waterfront parcels (the Minnigan and the Zimmerman property ) landward of the bulkhead. The Boat racks would block the views and access to the both waterfront parcels. The requested amendment will change the use of the "Beach" and could result in litigation. The Trustees should not permit the relocation of the boat storage racks without a full hearing, as well as, a final determination from a Court which permits "boat storage" landward of the existing bulkhead. If the Association wishes to proceed with the amendment, I would suggest approving the benches, with a small modification to the plans described above, and the terrace to stop erosion of the walkway. 1 will be at your meeting if you have any questions. Very truly yours, Patricia C. Moore PCM/bp encls. C: Mrs. Edith Minnigan Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner ofpropen)q' (mailing addr~s) (Agent) ~o~ r ~ to apply for permit(s) from the Southold Board of Tovaa Trustees on my behalf. (Owners signature) John Minnigan 42 Yale Place Rockville Centre, NY 11570 April 9, 2012 Board of Southold Trustees Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Amending Permit 7464 Issued to Old Orchard Homeowners Association, 550 South Lane, East Marion, NY To The Board of Trustees: The Old Orchard Homeowner's Association was granted permit #7464 (issued January 19, 2011) to install a new bulkhead, stairs, and a 6 X 20 wood platform. The Association is amending the permit to reflect seating that was installed on the wood platform, re-grading of walkway to the beach due to erosion problems, and boat storage on the ten foot embankment area behind the bulkhead. There are several safety issues that I would like to bring to the Trustee's attention. The original permit did not provide for seating that was installed on the wood platform. A dangerous situation exists due to the configuration of the current seating area. The installed benches, which are open ended, give access to the 10 foot embankment area behind the bulkhead. Along the top of the bulkhead, a wood cap was installed to cover the exposed edge. Small children are walking along this cap using it as a balance beam. There are no railings along this edge, and should anyone fall off the bulkhead, it is approximately a five to seven foot drop to the beach (see enclosed pictures). I ask the Trustees to review the configuration of the seating. For safety reasons, I recommend some type of barrier (perhaps another seat connecting the existing benches or some type of fencing) be required at the open end of the seats. The original permit (as depicted on #5 of the site plan) granted "that the disturbed area of vegetated embankment be replanted with native vegetation and maintained as non-turf buffer" as existed before the replacement of the bulkhead. The amended plan shows the embankment area being used for storage by installing boat racks behind the existing retaining wall. It would be difficult and dangerous to lift boats from the beach onto and off of the embankment area; there are no railings to prevent anyone from falling off. The ten foot embankment area is not large enough to maneuver small boats such as kayaks which are a minimum of 10 to 15 feet long (see enclosed pictures). The storage rack is two feet wide which leaves only eight feet to maneuver a boat of this size. If storage is allowed on the embankment area, the American Sea Grass that has been planted in this area would be trampled and destroyed. To prevent injury to anyone, I suggest all boats and any storage racks be placed directly on the beach in front of the bulkhead as they were before the replacement of the bulkhead and the embankment area be allowed to return to its natural vegetative state. Please clarify the usage of this embankment area in the amended permit to prevent any misinterpretation among the association's members. For the safety of the association's members, I request the Board of Trustees consider these concerns before granting the amended application. Thank you for your time. Sincerely, John Minnigan Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, In John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 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 1st day of construction ½ constructed JProject complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7464 DATE: JANUARY 19~ 2011 ISSUED TO: OLD ORCHARD HOMEOWNERS ASSOCIATION~ INC. PROPERTY ADDRESS: 550 SOUTH LANE~ EAST MARION SCTM# 38-6-10 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 Old Orchard Homeowners Association, Inc. 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 146 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3'x3' wood platform, 3'x10' stairs, and 3.5'x5' beach steps in place of existing platforms and steps; and a 6'x20' wood deck immediately landward of the bulkhead; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation; and as depicted on the site plan prepared by En-Consultants, Inc, last dated January 17, 2011, and stamped approved on January 19, 2011. 1N WITNESS WHEREOF, the said Board of Trnstees 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 Old Orchard Homeowners Association, Inc., residing at 550 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 from 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 Permittee 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 pemfits 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 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7464C Date: January 19, 2011 SCTM#: 38-6-10 Name of Applicant/Agent: En-Consultants, Inc. Name of Permittee: Old Orchard Homeowners Association, Inc. Address of Permittee: c/o Edward Flannigna, President 22 Van Wyck Lane, Huntington, NY 11743 Property Located: 550 South Lane, East Marion, New York DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to construct approximately 146 Linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3'x3' wood platform, 3'x10' stairs, and 3x5'x5' beach steps in place of existing platforms and steps; and a 6'x20' wood deck immediately landward of the bulkhead; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by En-Consultants, Inc., last dated January 17, 2011, 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. Jill(~.'Doherty, ~resid~e 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 I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-664t 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: OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. 550 SOUTH LANE, EAST MARION SCTM# 38-6-10 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 OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, 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 OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. to construct approximately 146 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3'x3' wood platform, 3'x10' stairs, and 3.5'x5' beach steps in place of existing platforms and steps; and a 6'x20' wood deck immediately landward of the bulkhead; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation; and as depicted on the site plan prepared by En- Consultants, Inc. last dated January 17, 2011, 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, Jill M ~'hertJ~(y' President, Board of Trustees JMD/eac Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 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: OLD ORCHARD HOMEOWNERS ASSOC. INC. to construct approx. 146 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3'X 3' wood platform, 3'X 10' stairs, and 3.5'X 5' beach steps in place of existing platforms and steps; backfill with up to 10 cy. clean sand as necessary to restore embankment, which is also to be replanted with native vegetation. Located: 550 South Lane, East Marion. SCTM#38-6-10 A recommendation was made, however, the Motion was lost. Jill M Doherty, P~xzsident 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/Worksession Report Date/Time: /hi~Il /p i ~ f OLD ORCHARD HOMEOWNERS ASSOC. INC. requests a Wetland Permit to construct approx. 146 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3'X 3' wood platform, 3'X 10' stairs, and 3.5'X 5' beach steps in place of existing platforms and steps; backfill with up to 10 cy. clean sand as necessary to restore embankment, which is also to be replanted with native vegetation. Located: 550 South Lane, East Marion. SCTM#38-6-10 Type of area to be impacted: ,~' __Saltwater Wetland Freshwater Wetland Sound~'Bay Distance of proposed work to edge of wetland P~;hof Town Code proposed work falls under: apt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Modifications: Conditions: Present Were: ~J.King __J.Doherty ~ Bredemeyer ./B.Ghosio, __ D. Dzenkowski __other Form filled out in the field by,~, ]c.//i ~ D. Bergen__ Mailed/Faxed to: Date: OLD ORCHARD HOMEOWNERS ASSOCIATION~ 550 SOUTH LANE~ EAST MARION Figure 1. LooMng south/west at ~:~ thnber bulkheadto be rephtced (in-place) with vinyl bulkhead. Figure 2. Looking north/east at ex. timber bulkhead to be replaced (in-place) with vinyl bulkhead. OLD ORCHARD HOMEOWNERS ASSOCIATION~ 550 SOUTH LANE~ EAST MARION Figure3. Looking northwest at fitce of ex. timber bul~head to be replaced (in-place) with vi. ri bull~head and at decks stairs, attd beach steps to be replaced. I'< ? EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com January 17, 2011 Jill Doherty, Chairwoman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Old Orchard Homeowners Associ~t_!on~ 550 South Lane~ East Marion Dear Mrs. Doherty: Because of the use of the common area by a large number of Association members, the Association has asked me to amend their application to propose a 6' x 20' rather than 6' x 8' wood deck immediately landward of the bulkhead, as depicted on the revised project plan prepared by Eh-Consultants, Inc., last dated 17 January 2011, three (3) copies of which are attached hereto. Re~ly yours~_~ Robert E. Hemnann Coastal Management Specialist OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 OLD ORCHARD HOMEOWNERS ASSOC. INC SCTM# 1000-38-6-10 En-Consultants, Inc. on behalf of OLD ORCHARD HOMEOWNERS ASSOC. INC. requests a Wetland Permit and Coastal Erosion Permit to construct approx. 146 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3'X 3' wood platform, 3'X 10' stairs, and 3.5'X 5' beach steps in place of existing platforms and steps; backfill with up to 10 cy. clean sand as necessary to restore embankment, which is also to be replanted with native vegetation. Located: 550 South Lane, East Marion. SCTM#38-6-10 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 JilI 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 w OaStal Erosion Permit Application etland Permit Application Administrative Permit Amendmentfl'rans fer/Exten sion ~eceived Application:~ ,..'~Received Feel ,-.~0 { '~eq,NxO ('k3JO4 1}O / ,,~ompleted Apph~ation I ~t .~'~J.% - Incomplete __SEQRA Classification: Type I Type II Unlisted Coordination: (date sent) ~--"L~WRP Consistency Assessment Form -~AC Referral Senti ;~[ ,.~Cj II ,~ ~rDate of Inspection: ] Receipt of CAC Report: Lead Agency Determination: Technical Review: ...,,~lic Hearing Held: I/J ? !ti __Resolution: Name of ApplicantOLO ORCHARD HOMEOWNERS ASSOCIATION, INC. Address c/o EDWARD FLANNIGNA, PRESIDENT; 22 VAN WYCK LANE, HUNTINGTON, NY 11743 Phone Number: (631) 271-4170 Suffolk County Tax Map Number: 1000 - 38-6-10 Property Location: 550 SOUTH LANE, EAST MARION (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees App~ation GENERAL DATA Land Area (in square feet): 6,412 SQ. FT. Area Zoning: R-40 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 SOUTHOLD TRUSTEES #6223 10/19/05 __Yes X No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 146 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3' x 3' wood platform, 3' x 10' stairs, and 3.5' x 5' beach steps in place of existing platforms and steps; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation, all as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. Board of Trustees 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? NO X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? <10 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: feet Up to 10 cubic yards clean sand to be trucked in from an upland source and used as backfill landward of new bulkhead, only as necessary to restore grade of vegetated embankment to be replanted and maintained as +/-10' nonturf buffer upon project completion. 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~tion COASTAL EROSION APPLICATION DATA Purposes of proposed activity. Maintain existing erosion control structure. Are wetlands present within 100 feet of the proposed activity? NO X Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? N/A (cubic yards) How much material will be filled? <I0 (cubic yards) Manner in which material will be removed or deposited: Up to 10 cubic yards clean sand to be tracked in from an upland source and used as backfill (if and as necessary) for restoration of embankment; material to be dumped and graded by backhoe. 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 beach, erosion properties, or adjacent properties. Properties to both sides of the subject property are similarly bulkheaded, and the property to the north/east is to be re~bulkheaded as part of this same project. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION P 3Lg E:& CgO O EOW ER'S ASSOCIATION, INC. BY EN~CONSULTANTS, INC. 3. PRO1ECT LOCATION: Municipality EAST MARION 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 550 SOUTH LANE, EAST MARION, TOWN OF SOUTHOLD, SCTM #1000-38-6-10 DESCRIBE PROJECT BRIEFLY: 617.20 ~ APPENDIX STA~E ENVIRONMENTAL Q'~LITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A )licant or Project Sponsor) 2. PROJECT NAME OLD ORCHARD HOMEOWNER'S BULKHEAD County SUFFOLK SEQR ~nstruct approximately 146 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3' x 3' wood platform, 3' x 10' stairs, and 3.5' x 5' beach steps in place of existing platforms and steps; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation, 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.) [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~JYes ~'~No If yes, list agency name and permit / approval: DEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E~Yes [~No If yes, list a§ency name and permit / approval: I~..~S A Ph~JLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THFf~INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ROBIE. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: DECEMBER 23, 2010 Signature ' ~j~ '~ 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 ASSF. S~3MENT (To be completed by Lead AgenCy). B. ~'~ILL A~ I I~ ~-~;~E CO~TED REVIEW A~ PROVIDED FOR UNL~¥ .l~:U ACTIONS iN 6 NYCRR, pART 617.67 C. CXXJLD A.C.~-IO~J F~=-~I ff T IN ANY ADV~c~- ~;-~i-~; ! -'; A~ t~rru ~ ,-.~ --- - ............ '~ ~OLLOWING: (Amwem may be hamb~ee~ ~ ~,gr~e) C~ Gr~s li~ lo be Indu~so oyme propesecl ac6on? Explain C6. Long term, shqrt ten~, cumulative, o~ othe~ effe~s flor iderRifled in C1-C57 Explain 0. ~ I~'IE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS 'I1HAT CAUSED THE ESTASUSHMENT OF A LI~/V~RONME~T~AL A.REA (CEA)? (If ye.sI ex,lain levelly: r'-l','- PAra' m - DEI'~.RMINA'flON OF SIGNIFICANCE (To ~e ex,inHered by Agent/) ..Board of Trustees Name of Lead Agency Jill M~ Doherty , -- P~tt or Ti~pe Name of RespOnsible Officer in Lead Agency . SlgnatuCe of Re..~.~ie Officgt'ln Lead Agency . President Signature of Preparer (l~dllferent from respormlble ofi~cer) T~e of 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 tl971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD in the Matter of the Application of OLD ORCHARD HOMEOWNERS ASSOC.~ INC. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at/dba being duly sworn, depose and say: That on the ~ day of 'O~t~,,a.t-/ ,201[, I personally posted the property known as by placing the Board of Trustees official poster where it can 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 hearing. Date of hearing noted thereon to be held Wed.~ January 19~ 2011 on or about 6:00 PM. Dated: <~_ % (signature~- ~,.~ Sworn to before me this /q/~day of ~/20 ~! BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: OLD ORCHARD HOMEOWNER'S ASSOCIATION, INC. NOTICE TO ADJACENT PROPERTY SCTM# 1000-38-6-10 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 146 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3' x 3' wood platform, 3' x 10' stairs, and 3.5' x 5' beach steps in place of existing platforms and steps; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation, 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: 550 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. OLD ORCHARD HOMEOWNER'S ASSOCIATION, INC. C/O EDWARD FLANNIGAN, PRESIDENT PROPERTY OWNERS NAME: 22 VAN WYCK LANE MAILING ADDRESS: HUNTINGTON, NY 11743 PHONE#: 631-271-4170 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. PROOF OF MAILING OF NOTing ATTACH CERTIFIED MAIL RE~PTS MICHAEL & KATHLEEN MIGGINS Address: 9352 BRAYMORE CIRCLE FAIRFAX STATION, NY 22039 EDITH MINNIGAN 91 PRINCETON AVENUE HEWLETT, NY 11557 ELLEN ZIMMERMAN 110 WEST 87TH STREET, APT. 4A NEW YORK, NY 10024 PETER & MARISA PATINELLA 45 PEALE ROAD MANHASSET, NY 11030 ROBERT W. DIXON REVOCABLE TRUST 485 SOUTH LANE EAST MARiON, NY 11939 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 ~.O~/~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 ~, mailed at the United States Post OffiCe(certified)at SOUTHAMPTONi~D~) mail. ,that said NotiC~ Mai~o each of said persons by ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this-~'~$ day of DECEMBER ,20 l0 OFF ¢~AL ,,USE Peter & Marisa Patinella ---] 45 Peale Road 1030 ..... Manhasset, NY I I ,,-I OFFiCiAL USE Ellen Zimmerman 110 West 87th Street, Apt. 4A New York, NY 10024 $ Edith Minnigan 91 Princeton Avenue Hewlett, NY 11557 OFF CiAL USE  ca so.tro Robert W. Dixon Revocable Trust --] ~ ~¢~-~-~b;:~ 485 South Lane mE East Marion, NY 11939 '-"1,.- OFFICt USE Total Po so., ro Michael & Kathleen Miggins ~ [~-~ 9352 Braymore Circle ...... l ~ ~ Fairfax Station, NY 22039 ~ Board of Trustees Application County of Suffolk State of New York · oal'zb I z.A/v/vl6 BE1NGDULYSWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESC~BED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN A~ TRUE TO THE BEST OF HISSER KNOWLEDGE AND BELIEF, AND THAT ALL WO~ WILL BE DONE IN THE MA~ER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TO~ 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 G~NTED. 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 CONJ~CTION W~ OF THIS APPLICATION. J Signye SWOnN O FO M WmS ROBERT F. KAEMPF Notify Public, State of New York No. 01KA4960535 ~uallfled in Nassau County Oomml~ion Expin~ Dee. 26. ~ Board of Trustees Applica~on AUTHORIZATION (where the applicant is not the owner) (print Owner of propc~ty) (mailing address) }V~o hereby authorize (Agent) ~- (I96cCt~[~J~3 , ~,.~, to apply for permit(s)from the ~, Board.olT~own Trustees on my behalf. (Owner's sig~ture) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of $outhold's Code of Ethics prohibits conflicts of interest on the ~art of town officers and emnlovees. The r~urnose of this form i? tO provide information which can alert the town of nossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middlte-~nitial, unless you are appJying i~ t'he 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 all 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 than ~.~the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of 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 of 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 1 Submitted tW,~~ Signature Print Name Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM A 11 applicants for perm its* including T ow n of S0uth01d agencies, shall c0m plete this C C A F for proposed actions that are subject to the Town of Southold W aterfr0nt Consistency Review Law. This assessment is intended to supplement other inform ati0n used by a T0wn of S0uth01d agency in m a k in g a d e t e r m in ati0 n 0 f c o 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 Tom). 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- sm)Dortin~ 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 _ 10 PROJECT NAME OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[~ Building Dept. ~] Board of Trustees [5~ 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 146 linear feet of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3' x 3' wood platform, 3' x 10' stairs, and 3.5' x 5' beach steps in place of existing platforms and steps; backfill with up to 10 cubic yards clean sand as necessary to restore embankment, which is also to be replanted with native vegetation, all as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. Location of action: 550 SOUTH LANE, EAST MARION Site acreage:. 0.147 ACRE 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: OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. (b) Mailing address: c/o EDWARD FLANNIGAN, PRESIDENT 22 VAN WYCK LANE, HUNTINGTON, NY 11743 (c) Telephone number: Area Code 631-271-4170 (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. es ~ 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 At~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. ~-] 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. 71 Yes 7] 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 Policy 10. Protect SouthoOwater-dependent uses and promo~lting suitable locations. See LWRP Section IH - 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 [5~ Not Applicable PREPARED BY ROBE~ HERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 12/23/10 Amended on 8/1/05 EN-CONSULTANTS 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.: Lanren Standish Re: Old Orchard Homeowner's Association, Inc. 550 South Lane, East Marion SCTM #1000-38-6-10 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland & Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. 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. RobeTt, E. Herrmann Coastal Management Specialist /khs Enc. = .'30' & STEPS IN PLATFORM & ,/ 3.S' x 14.6 LF. ULKHEAD BOARD OF EAST ION IN PLACE OF' EX. STEPS EN.CONSULTANTS ~C 1319NORTHSEARD. SOUTHAMPTO~NY11968 631-283~360 PROFO~P I~I.KHI~,N:2 I~PL/~P..MP..N'r ( IN- PL~I~) POl~ OLD ORCPtA~ HOME~OVVI,~R.5 A550CIAflON, II,lC, ON ORII~Nf ~OR, I~ASf/V~ION, 5UPFObK COUNI'Y, I',IY 5HI~P_.I'J Of; 2 12/21/10, I/1'7/11 ~C1'iQN THRU IN*PI. ACI~ I~LtKI-iP. AP I~PLAC~MIf. NT ! SS' (va-,) · j PL^IT'CFRM & $1~?S IN PLAC~ Of ~XISTJN~ ~ . -* I~' . ~ ,N~A OF ~BTLJk~ANC~ ASSQQA1~P WlTH AI.KI~,~ I~PL,~gfiUNTI'O I~ -- k~V~fA11~P A~ NEC~Ak:~Y ~ MAINfAtH~D A5 NNLP-ALLY V~fA~I2 ~LI~P[~ r------lO' I ,~ 2" CAP P~OP, P~CK PROP, VINYl. TIMBER BIJLKJ-~ ~ ~b, Of EX, --~1I /¢' :,,9" ~J.'l" ' I1' P~N. VINYl. 5PI~AIHixI~ ,16' PILP-$ 5HW ~ ~' - O" ,AHW~l'*g" NOTES: 1. SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK S.C. TAX SEPTEMBER COUNTY, NEW YORK No. 1000-,58-06-10 SCALE 1"=20' 16, 2010 AREA = 6,412 sq, ff. (TO TIE LINE) 0.147 ac. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 EXISTING ELEVATIONS ARe SHOWN THUS:~ DATUM ,, DEC 2 7 20i0 x~ 4., '%. x~ ANY, NOT SHOWN ARE NOT GUARANTE[D, ,S. Lie, No. 50467 Nathan Taft Corwln III Land Surveyor PHONE (651)727-2090 Fox (651)727-1727