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Home My WebLink AboutTR-7694 James F.King, President �V S0(/Ty Town Hall Annex Bob Ghosio,Jr.,Vice-PresidentOl0y P.O.Main Box 117d 9 Dave Bergen T Southold, New York 11971-0959 John Bredemeyer G • O Telephone(631) 765-1892 Michael J. Domino Fax(631) 765-6641 ��OOUNTY,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 1, 2012 Mr. Robert J. Aylward Ms. Lisa McDonald 530 East 76th Street, Apt. 21 AB New York, NY 10022 RE: 1390 WILLOW TERRACE LANE, ORIENT SCTM# 26-2-25 Dear Mr. Aylward & Ms. McDonald: The Southold Town Board of Trustees reviewed your application dated September 26, 2012 and APPROVES the request for a Transfer of Wetland Permit#7694 and Coastal Erosion Permit#7694C from Swanson Living Trust to Robert J. Aylward and Lisa McDonald, as issued on December 14, 2011. If you have any questions, please contact our office at (631) 765-1892. Sincerely',`' James F. King President, Board of Trustees JFK:amn �, 026 aoc a "7c`?41 'T— U '(s S-3c, E; '7C"� S�, ApC tQ, `fir Df' Lisa McDona ld f�� Aja Ise ! r7sz- 3(So i SEP 26 2012 I ; �_�...�. r,rd. 2{ TNS___n_S copy Bargain and Sale Deed with Covenants Against Grantor's Acts-Individual or Corporation CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the Idj day of September, 2012 BETWEEN KENNETH W. SWANSON and SUZANNE K. SWANSON, co-Trustees of The Swanson Living Trust dated 2/23/2006, both residing at 100 Village Road, P.O .Box 144, New Vernon, NJ, 07976 parties of the first part, LISA McDONALD and ROBERT AYLWARD, both residing at 530 East 76th Street, Apt. 21AB, New York, NY, 10021 parry of the second part, WITNESSETH, that the party of the first part, in consideration of ONE MILLION SIX HUNDRED TWENTY FIVE THOUSAND (1,625,000.00) dollars, lawful money of the United States paid by the party of the second part, does hereby grant and releaseunto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at SEE SCHEDULE "A" ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated February 23, 2006 recorded in the Office of the Clerk of the County of Suffolk on April 28, 2006 in Liber 12447 at page 562. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: KENNETH W. SWANSON SUZANNE K. SWANSON TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE STATE OF NEW JERSEY SS: On the 197'rl day of September in the year 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared KENNETH W. SWANSON personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the Mog'nj 5 &)j)TJ 7 Q aFAW) �-/IOd in NEW JERSEY. � (insert the City orl other political subdivision) iL/�xL �4lr ', (signature and office of the person taking acknowledgment) OFFICIAL SEAL CAROLE FALCONE � .� NOTARY PUBLIC-NEW JERSEY }} PPP My Comm.Expires 06174014 STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the Z 1� day of September in the year 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared SUZANNE K.SWANSON personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public DEBORAH DOTY Notary Public, State of New York No. 02DO4829478•Suffolk County Commission Expires February 28, 20 Jw_ Fidelity National Title Insurance Company TITLE NO. F12-7404-87419SUFF SCHEDULE A-1 (Description) ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, in the 'Town of New York, shown and designated as Lot No. 6 on a certain subdivision map entitled, "Map of Willow Terrace, Section One" at Orient, Town of Southold, Suffolk County, New York, surveyed January 27, 1969 by Otto W. Van Tuyl and Son, Licensed Land Surveyor and tiled in the Office of the Clerk of the County of Suffolk on the 28th day of-November, 1969 as Map No. 5407, which lot is bounded and described as follows: BEGINNING at a point on the southwesterly line of Willow Terrace Lane where the same is intersected by the division line between Lots 6 and 7, as shown on the above map; RUNNING THENCE along the division line between Lots 6 and 7, as shown on the map, South 22 degrees 16 minutes 50 seconds West, 183.15 feet to Orient Harbor; Thence alon-a Orient Harbor,North 48 degrees 30 minutes 00 seconds West, 135.00 feet; Thence North 30 degrees 13 minutes 50 seconds East, 18026 feet to the southwesterly side of Willow Terrace Lane; Thence along the southwesterly side of Willow Terrace Lane, South 46 degrees 30 minutes 00 seconds East, 1 10.00 feet to the point or place of BEGINNING. James F. King,President QF soTown Hall Annex Bob Ghosio,Jr.,Vice-President Orye/_ 54375 Main Road `� P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer CA ac Michael J. Domino �O Telephone(631) 765-1892 Fax(631) 765-6641 OOUIff'I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0796C Date: September 11, 2012 THIS CERTIFIES that the installation of approximately 132 linear feet of vinyl sheathing on the landward side of the existing timber bulkhead to remain, install additional pilings to the outside of the existing bulkhead and a 15' wide non-turf buffer to be established and subsequently maintained along the landward edge of the bulkhead. At 1390 Willow Terrace Lane- Orient, New York Suffolk County Tax Map # 26-2-25 Conforms to the application for a Trustees Permit heretofore filed in this office Dated November 21, 2011 pursuant to which Trustees Wetland Permit#7694 Dated December 14, 2011 and Coastal Erosion Permit#7694C Dated December 14, 2011 were issued and Amended on February 22, 2012 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the installation of approximately 132 linear feet of vinyl sheathin on n the landward side of the existing timber bulkhead to remain- install additional pilings to the outside of the existing bulkhead, and a 15' wide non-turf buffer to be established and subsequently maintained along the landward edge of the bulkhead. The certificate is issued to SWANSON LIVING TRUST owner of the aforesaid property. ).T.— 0:�57' Authorized Signature • i James F. King,Presidento�0$UfFO�,tco Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President =� y P.O. Box 1179 Dave Bergen i Southold,NY 11971 W John Bredemeyer p � h� Telephone(631)765-1892 Michael J.Domino -K/1 ` � Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: / )_ �( Ch. 275 � \ Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1"day of construction % constructed Project complete, compliance inspection. INSPECTED BY: T _'Rf e COMMENTS: CERTIFICATE OF COMPLIANCE: �/C 9- 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax:A� EWCONSULTANTS www.enconsultants.com 6136 ENVIRONMENTAL CONSULTING April 6, 2012 APR - 9 2012 I, . Lauren Standish Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Swanson Livin¢Trust,Wetlands Permit No. 7694 & 7694C Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on April 6, 2012. A copy of the recorded document is enclosed for your files. Respec fully yours, tephens Enclosure cc: Kenneth& Suzanne Swanson • • CC# : C12-14092 COUNTY CLERK'S OFFICE STATE OF NEW YORK PR 9 2��2 COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 04/06/2012 under Liber D00012689 and Page 854 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 04/06/2012 SUFFOLK COUNTY CLERK 7� ci d i=x- a, Yct� JUDITH A.PASCALE SEAL I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 04/06/2012 Number of Pages : 4 At: 09: 42 : 10 AM Receipt Number : 12-0039337 LIBER: D00012689 PAGE : 854 District: Section: Block: Lot: 1000 026. 00 02 . 00 025 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $5 .20 NO RPT $60 . 00 NO Fees Paid $125 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • 12 Number of pages i,+ 7 This document will be public n-,cord. Please remove all >ocial Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax — — Handling 20. 00 2. Additional Tax — Sub Total — TP-584 — � f Spec./Assit. Notation or EA-52 17 (County) Sub Total y Spec./Add. — TOT.MTG.TAX EA-5217(State) / Dual Town — Dual County — R.P.T.S.A. T" Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit �i— The property covered by this mortgage is Certified Copy tg2 or will be improved by a one or two X�) J family dwelling only. NYS Surcharge 15. 00 Sub Total YES or NO Other / 6 1 D If NO, see appropriate tax clause on Grand Total_ _ page# f 11r i 'tru n / 1000 02600 0200 025000 000 5 Community Preservation Fund 4 Dist. Real ProperPTS Consideration Amount $ R SFL A Tax Service 06 APR-1 CPF Tax Due $ Agency Verificatior Improved - 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Vacant Land RECORD&RETURN TO: TD En-Consultants TD 1319 North Sea Road Southampton,NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www,suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by. (SPECIFY TYPE OF INSTRUMENT) Swanson Living Trust The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 9 • • DECLARATION OF COVENANTS THIS DECLARATION made this J�Ijjday of &e 2012, by Swanson Living Trust, with an address of 100 Village Road,New Vernon,NY 07976,hereinafter referred to as "DECLARANT": WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property located on Willow Terrace Lane, Orient, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 26, Block 2, Lot 25„ and known as Lot No. 6 on the "Map of Willow Terrace, Section One", filed in the Suffolk County Clerk's Office as November 28, 1969 as Map No. 5407, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a fifteen-foot wide "nonturf buffer" be established along the landward edge of the bulkhead, NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: I) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward edge of the bulkhead on the subject premises a fifteen-foot wide"nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) These covenants shall run with the land and shall be binding on the DECLARANT, its heirs, assigns, purchasers, or successors in interest and may be modified only upon resolution of the Board of Trustees. IN WITNESS WHEREOF, the owners have duly executed this instrument this J �day of / AIP-C,)i 2012. Keane arson,Trustee uzann son,Trustee STATE OF dew ss: COUNTY OF 0 RRI S On the day of M (,// in the year 2012, before me the undersigned, a Notary Public in and for said State, personally appeared Kenneth W. Swanson & Suzanne K. Swanson personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument,the individuals or the persons on behalf of which the �individuals acted,executed the instrument. Notary Public OFFICIAL SEAL ' r50-11� CAROLS FALCONS j NOTARY PUBLIC-NEW JERSEY My Comm.Expires 06-17-2014 2 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Orient, in the Town of Southold, County of Suffolk, New York shown and designated as Lot No. 6 on a certain subdivision map entitled, "Map of Willow Terrace, Section One"at Orient, Town of Southold, Suffolk County, New York, surveyed January 27, 1969 by Otto W. Van Tuyl and Son, Licensed Land Surveyor and filed in the Office of the Clerk of Suffolk County on the 28h day of November, 1969 as Map No. 5407. 3 MARTIN D. FINNEGAN • SCOTT A. RUSSELL TOWN ATTORNEY ~O�� F so rQIO Supervisor martin.finnegan@town.southold.ny.us � (/y JENNIFER ANDALORO Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro@town.southold.ny.us Southold, New York 11971-0959 LORI M. HULSE �Q �� Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY lYCpp N Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us _ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Kim Stephens March 6, 2012 En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: Swanson Living Trust, Wetlands Permit No. 7694 and 7694C Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced applicants concerning the fifteen foot wide non turf buffer to be established and subsequently maintained along the landward edge of the bulkhead. The covenants and restrictions document must be executed and filed with the County pursuant to §275-10(K) of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Lori M. H e Assistant Town Attorney / Cc: Board of Trustees r James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 22, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann Eh-Consultants 1319 North Sea Rd. Southampton, NY 11968 RE: SWANSON LIVING TRUST 1390 WILLOW TERRACE LANE, ORIENT SCTM#26-2-25 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., February 22, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7694 and Coastal Erosion Permit #7694C to construct approx. 132 If. of vinyl sheathing on the landward side of existing timber bulkhead to remain and install additional pilings to outside of existing bulkhead, as depicted on the project plan prepared by En-Consultants last dated January 31, 2012. This is not a determination from any other agency. Jame~F. King, Presider Board of Trustees JFK:lms James F Krug, President Bob Ghosio, Jr.. Vice-Presidenl Dave Bergen John Bredemeyer PO. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field InspectionNVorksession Report Date/Time: En-Consultants on behalf of SWANSON LIVING TRUST requests an Administrative Amendment to Wetland Permit #7694 and Coastal Erosion Permit #7694C to construct approx. 132 If. of vinyl sheathing on landward side of existing timber bulkhead to remain and install additional pilings to outside of existing bulkhead. Located: 1390 Willow Terrace Lane, Orient. SCTM#26-2-25 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: ~,~apt.275 'Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: ,/..4 z >.a. dc' Conditions: o/J' Pres,~. t Were: King V/B. Ghosio J. Bredemeyer ~ael Domino Form filled out in the field by j, .,/~/V,~Z. Mailed/Faxed to: Date: ~D. Bergen, ¢ D. Dzenkowski other 1 - 30' +53' !91 , ,',,_~lI/,Js \,66E'A*F$ 81JFFEe T8 BE x , I0' ~'"" ' PROP I?¢' )~'1 xl I) F~: AC, a~ln~lcf, l~ bCJ~,~ea~ 2) P~: ~tW ~) rr~cose..d ¢,~lnM ~ ~ ~1: ~ ~lm~¢ ~ ~ ~-~ ~ TRUSTEES TQWN OF SOUTHOLD DATE EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 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 (63l) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LETTER OF REQUEST FOR AN AMENDMENT DATE OWNER January 31, 2012 Swanson Living Trust c/o Kenneth & Suzanne Swanson PHONE 631-298-9388 ADDRESS P.O. Box 144, 100 Village Road, New Vernon, NJ 07976 AGENT En-Consultants PHONE 631-283-6360 ADDRESS 1319 North Sea Road, Southampton, NY 11968 PROPERTY LOCATION 1390 Willow Terrace Lane, ~ TAX MAP NO. 1000-26-2-25 I/We En-Consultants Administrative request an Amendment to Permit # 7694 and 7694C to construct approximately 132 linear feet of vinyl sheathing on landward side of existing timber bulkhead to remain and install additional pilings to outside of existing bulkhead, all as depicted on the project plan prepared by En-Consultants, last dated January 31, 2012. Signed By: ~ ~. ROBERT EYHERRMANN, COASTAL MGMT. SPECIALIST Boa2~cl o~ TL'US'I:ooS AUTHORIZATION (where the applicant is not the owner) ~v ~ ~; tY~' residingat (print Owner of property) (mailing address) //V~ ~ft0 ff"~J/q~ ]~J d~ hereby authorize (Agcnt) Southold Board of Town Trustees on my behalf. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~ Town of Southold's Code 9['Ethics orohlblts eonflk~s of intoms~ on the tort of town office~ n~d emoinveez. The noroose of this form is to orovide information which can ~ the town of oossible eonflic, ts of in..mst and nllow it to ~*ko whnt~er action is (L , ~ · in' 'aZ, ' y ~,applyins' someoan eise or oiher ~nfity, such as a company, If so, iedinate lhe other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Varint~c Trustee Change of Zoan ~ Ewsinn Apt~0val of plat Morning Exemption flora plat or official map Planning Do you l~-r'~nelly (or through you~ company, spouse, s~ling, p~cnt, or child) haw a ml~,ionehip with any offic~ or employee of thc Town of Southeld? "Rclatioozhlp~ incindce by blood, metri~c, or ~ in~mst "Bozin~s intomef' mcens a bosinc~ including a pennersbip, in which thc town officer or employee bas cvc~ · ~ ownership of(or cmployn~nt by) a coq~oretion in which thc tov~n officcr or cmpbyee owns more then ~% of the shares. YES NO If you answe~l "YES~, ~omplete the balanee of this form and date md sign whe~ indicated. Nnme of perann employed by the Town of Southo~d Title or po~itlon of that person De~ibe ~e relationship between yourself (the applic, an~/agent/~t~ive) and the town officer or employee. Eithe~ check the appmp~ia~ lin~ A) ~hrough D) a~l/or dasczlhe in the spane pmvidad. The town officer or employee or his or her ~ou~e, s~lin~ p~rent, or cldid is (c.l~k all ~ apply): __^) the owner of gmat' then ~ of the s~tree of the ~-~ s~k of the applicant (when ~ applicant is a ~orporation); B) the legal or heanfici~l ownor of any inte~st in a non-co,orate entity (when the nppli~mt is no~ a ~-~pomtinn); --C) an offiem, dir~, preener, or employee of the applic~m~ or D) the n~tual applicant. DESCRIPTION OF R.F-,L~TIONSHIP Form'IS I Submitted*is Signature Print Name Boa2~cl o£ T~st. ees App].4cat$on County of Suffolk State of New York ~f~lOI9~PD W. ~W~TDCtgr~ BEr~ODmYSWO~ DEPOSES A~ AFF[~S ~T ~S~S ~ ~PLICA~ FOR ~ ~O~ ~ TO ~ BEST OF HIS~R KNO~EDGE A~ BELffiF, ~ ~T ~L WO~ ~L BE ~ ~ ~ ~R SET FORTH BE ~PRO~D BY ~ SO--OLD TO~ BO~ OF ~US~S. ~ ~PLIC~ AG~ES TO HOLD ~ ~ OF SO--OLD A~ ~ ~ ~US~ES ~ESS A~ F~E FROM A~ ~ER OR BY ~T~ OF SAID PE~T(S), APPLICATION, I ~Y A~O~E ~ ~US~S, ~ AG~T(S) OR ~P~SE~ATI~S(S), TO ~ O~O P~SES ~ CON~ON WI~ ~EW OF ~IS ~PLICA~ON. SWO~TOBEFO~mmS 2q DAYOF~2C..~2tX~20 t ! Notary Pu61ic / Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. BOx 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 December 14, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD FEB - 7 20]2 Mr. Robert E. Herrmann Eh-Consultants 1319 North Sea Road Southampton, NY 11968 RE: SWANSON LIVING TRUST 1390 WILLOW TERRACE LANE, ORIENT SCTM# 26-2-25 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 14, 2011 regarding the above matter: WHEREAS, En-Consultants on behalf of SWANSON LIVING TRUST 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 November 21,2011, 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 applicationlon December 14, 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 SWANSON LIVING TRUST to construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland source; with the condition of the installation of a 15' wide non-turf buffer along the landward edge of the bulkhead which is to be maintained; and as depicted on the site plan prepared by En-Consultants, last dated November 15, 2011 and stamped approved on December 14, 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~.'Doherty ~ President Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK 7694 & 7694C DATE: DECEMBER 14 2011 iSSUED TO: SWANSON LIVING TRUST PROPERTY ADDRESS: 1390 WILLOW TERRACE LANE~ ORIENT SCTM# 26-2-25 · F~B - 1 2012 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 December 14, 2011, and in consideration of application fee in the sum of $500.00 paid by Swanson Living, Trust 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 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backf'fll with approximately 50 cubic yards of sand fill from an upland source; with the condition of the installation of a 15' wide non- turf buffer along the landward edge of the bulkhead which is to be maintained; and as depicted on the site plan prepared by En-Consultants, last dated November 15, 2011 and stamped approved on December 14, 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 - 1 2012 10. The Permittee Swanson Living Trust, c/o Kenneth & Suzanne Swanson, residing at 100 Village Road, New Vernon, New Jersey 07976 as part of the consideration roi' 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. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded With the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 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 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 COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #7694C Applicant/Agent: En-Consultants Permittee: Swanson Living Trust SCTM#: 26-2-25 Project Location: 1390 Willow Terrace Lane, Orient Date of Resolution/Issuance: December 14, 2011 Date of Expiration: December 14, 2013 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland source; with the condition of the installation of a 15' wide non-turf buffer along the landward edge of the bulkhead which is to be maintained; and as depicted on the site plan prepared by En-Consultants, last dated November 15, 2011 and stamped approved on December 14, 2011. INSPECTIONS: Final SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: XX A maintenance agreement is attached hereto and is a necessary special condition of this permit. Jill M. Do~lerty, President Board of Trustees Jill M. Doherty, President Bob Ghosia, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road PiO. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 766-1892 Pax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 30-YEAR MAINTENANCE.AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111 -1 5 OF THE SOUTHOLD TOWN I (We) KENNETH SWANSON FOR SWANSON LIVINO TRUST The owners of record of property at, 1390 WILLOW TERRACE LANE, ORIENT SCTM #1 000-26-2-25 in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: BULKHEAD REPLACEMENT AND BACKFILL, AS DEPICTED ON ~ PROJECT PLAN PREPARED BY EN-CONSULTANTS, DATED NOVEMBER 15,2011. as shown on the attached licensed survey and/or site plan for the approved structure, It is my/our anders~ding that we are to maintain this structure with materials designed to .endure30 years and/or equivalent to the original approved Structure: Any niamtenance which involves more than 50% of the length of this structure r.equ?es approval of the Board of Trustees. We further understand that failure to mamtain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the prope .r~. upon a finding by the B0ar~of Trustees that sa~d lack of [~ ~ Nota_Cized signa owner of record Notsry Public state of New Jersey My Commission Exp res Aug 16, 2016 Thi~l~ ~ti~.-tt~lC~tent~t~.~,~ .~ valid upon the attachment of a licensed land Survey/and or site p~an made wit~.', one ~ear of the original const~ction and validated to sh°w the final apprOVal Of tlc administrator: ADJBLKH~ TERRACE LANE Z" = 30' -- __ C ~ H A-~O U-~-A R-~--L [ ~'~ '~ REVEGETATED AND MAINTAINED AS ~]5' lO,TuRf ~UFF[R UPON P~OJECT COMPLETION !~3~ LF ~F VINYL BULKHEAD CONSTRUCTED IN PLACE DF EX, T]HDER - 1 2012 SUCTION TtdROLI&H PROPOS~P IN-PLACR DLLKH~AI:2 R~PLAC~M~NT (~) 6" ×6' W4L~5 P~OP, VINYL BL~KI~AP IN PLAC'~ OP ~×, TI/v~l~ ,~W- 2'-6" ALW ,- 0'-0" * 20' FIWN!~5 VINYl. ~k~AIHIN~ E N- CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283/636D ADJ.BLKHD F'ROPO~P IN-Pb/C~ BLLKi-I~AI2 I~PI.~I~MF::Nf POl~ SWANSON I. IVIN~ 11~JSrl' ON Ot~It~NI' H/~OI~, OI~II~NI', 5UPPObK COUNIY, NY 51~l~fl OPI 11-15-11 SOUTHOLD TRUST No. ~ Issued To~~~~,~~~(~ Date~. Address 13qo THIS NOTICE MUST BE DISPLAYED DURING, CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING January31,2012 REOIIEST FOR AN ADMINISTRATIVE. AMENDMENT Town of Southold Board of Trustees Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish Swanson Living Trust 1390 Willow Terrace Lane, Orient SCTM # 1000-26-2-25 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including a) authorization & disclosure forms, and b) project plans. Copy of Permit No 7694 & 7694C. Application fee of $100.00. 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'6rt E. Herrmann Enc. MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@ town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@t own.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Kim Stephens En-Consultants 1319 North Sea Road Southampton, NY 11968 March 6, 2012 RE: Swanson Living Trust, Wetlands Permit No. 7694 and 7694C Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced applicants concerning the fifteen foot wide non turf buffer to be established and subsequently maintained along the landward edge of the bulkhead. The covenants and restrictions document must be executed and filed with the County pursuant to §275-10(K) of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office of the Board of Trustees within 90 days of issuance of the permit. Regards, Assistant Town Attorney Cc: Board of Trustees ~ Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Davc Bergen John Bredemeyer Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: SWANSON LIVING TRUST Please be advised that your application dated November 21, 2011 has been reviewed by this Board at the regular meeting of December 14, 2011 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project XX Property Owner to Sign and Notarize the enclosed 30-Year Maintenance Agreement Form and return original to the Board of Trustees Office __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ % Constructed ($50.00) Paid Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$.0 BY: Jill M. Doherty, President Board of Trustees Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer 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 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 ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7694 & 7694C DATE: DECEMBER 14~ 2011 ISSUED TO: SWANSON LIVING TRUST PROPERTY ADDRESS: 1390 WILLOW TERRACE LANE~ ORIENT SCTM# 26-2-25 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 thc Resolution of the Board of Trustees adopted at the meeting held on December 14, 2011, and in consideration of application fee in the sum of $500.00 paid by Swanson Living Trust 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 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backf'di with approximately 50 cubic yards of sand fill from an upland source; with the condition of the installation of a 15' wide non- turf buffer along the landward edge of the bulkhead which is to be maintained; and as depicted on the site plan prepared by En-Consultants, last dated November 15, 2011 and stamped approved on December 14, 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 Swanson Living Trust, c/o Kenneth & Suzanne Swanson, residing at 100 Village Road, New Vernon, New Jersey 07976 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. The Permittee is required'to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided wi~ nihety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the comlJletion~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 Brederaeyer 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 COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #7694C Applicant/Agent: En-Consultants Permittee: Swanson Living Trust SCTM#: 26-2-25 Project Location: 1390 Willow Terrace Lane, Orient Date of Resolution/Issuance: December 14, 2011 Date of Expiration: December 14, 2013 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: To construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland source; with the condition of the installation of a 15' wide non-turf buffer along the landward edge of the bulkhead which is to be maintained; and as depicted on the site plan prepared by En-Consultants, last dated November 15, 2011 and stamped approved on December 14, 2011. INSPECTIONS: Final SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: A maintenance agreement is attached hereto and is a necessary special condition of this permit. BY~ill M. Do~e~y, Presid)ent~ Board of Trustees Jill M. Doherty, President Bob Ghosia, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York i 1971-0959 Telephone (631 ) 766-1892 Pax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111 -I 5 OF THE SOUTHOLD TOWN CODE I Off/e) KENNETH SWANSON FOR SWANSON LIVING TRUST The owners of record of property at, 1390 WILLOW TERRACE LANE, ORIENT SCTM gl 000-26-2-25 in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: BULKHEAD REPLACEMENT AND BACKFILL, AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, DATED NOVEMBER 15,2011. as shown on the attached licensed survey and/or site plan for the approved structure, It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and/or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of this structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Boar/of Trustees that sa~d lack of maintenance would risk life, property or important~ res~ ur, c.e,fea~s. Notary Public State of New Jersey My Commission Expires Aug 16. 2016 u~t~n~c~ agr~emem ~ v,& e valid upon the attachment of a licensed land survey/and or site plan made within one' ,ear of the original construction and validated to show the final approval of the administrator. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. BOx 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 December 14, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann Eh-Consultants 1319 North Sea Road Southampton, NY 11968 RE: SWANSON LIVING TRUST 1390 WILLOW TERRACE LANE, ORIENT SCTM# 26-2-25 Dear Mr. Herrmann: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, December 14, 2011 regarding the above matter: WHEREAS, En-Consultants on behalf of SWANSON LIVING TRUST 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 November 21,2011, 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 December 14, 2011, at which time all interested persons were given an opportunity to be heard, and, 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 SWANSON LIVING TRUST to construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland source; with the condition of the installation of a 15' wide non-turf buffer along the landward edge of the bulkhead which is to be maintained; and as depicted on the site plan prepared by En-Consultants, last dated November 15, 2011 and stamped approved on December 14, 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, Jil~.'Doherty ~ President, Board of Trustees JMD/eac Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southotd, 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 Wed., December 7, 2011, the following recommendation was made: Moved by Doug Hardy, seconded by Derek Bossen, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of SWANSON LIVING TRUST to construct approx. 132 If. of vinyl bulkhead in place of existing timber bulkhead and backfill with approx. 50 cy. of sand fill from an upland source. Located: 1390 Willow Terrace Lane, Orient. SCTM#26-2-25 Inspected by: Doug Hardy The CAC Supports the application with the Condition previsions are made for public access. Vote of Council: Ayes: All Motion Carried Jill M Dohelty. President Bob Ghosio. Jr.. Vice-President PO Box 1179 Southold, NY 11971 Telephone(631 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report /.,b/C// z Date/Time: Eh-Consultants on behalf of SWANSON LIVING TRUST requests a Wetland Permit and Coastal Erosion Permit to construct approx. 132 If. of vinyl bulkhead in place of existing timber bulkhead and backfill with approx. 50 cy. of sand fill from an upland source. Located: 1390 Willow Terrace Lane, Orient. SCTM#26-2~ T__~aOf area to be impacted: Itwater Wetland Freshwater Wetland Distance of proposed work to edge of wetland Part,of Town C9¢e proposed work falls under: /~,hapt.275 ~' Chapt. 111 other Type of Application: ///Wetland ~/Goastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Sound Bay Info needed: Modifications: Conditions: Pre~j~BWere: J. Doherty B. Ghosio __ redemey~r D. Dzenkowski Form filled outJn the field by Mailed/Faxed to: Date: J. King_ D. Bergen, other SWANSON LIVING TRUST~,1390 WILLOW TERRACE LA. ORIENT Figure 1. Looking southeast at existing timber bulkhead to be removed and replaced with vinyl bulkhead. Figure 2. Looking northwest ahmg top t~'existing timber bulkhead to be removed and replaced with vinyl bulkhead. EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Janual-y 4, 2012 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish ~A!, - 5 2012 Re: Swanson Living Trust 1390 Willow Terrace Lane, Orient SCTM # 1000-26-2-25 Dear Ms. Standish: Enclosed for your files is the 30-Year Maintenance Agreement for the property referenced above. I hope this submittal shall enable issuance of the Wetland and Coastal Erosion permits. Thank you for yom: attention to this matter. Sincerely, Eric. Re: Kenneth Swanson 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: December 12, 2011 Re: Proposed Wetland Permit for SWANSON LIVING TRUST SCTM# 1000-26-2-25 En-Consultants on behalf of SWANSON LIVING TRUST requests a Wetland Permit and Coastal Erosion Permit to construct approx. 132 If. of vinyl bulkhead in place of existing timber bulkhead and backfill with approx. 50 cy. of sand fill from an upland source. Located: 1390 Willow Terrace Lane, Orient. SCTM#26-2-25 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 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, 53095Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWN TRUSTEES TOWN OF.SOUTHOLD "'/Coastal Erosion Permit Application ..,'~Wetland Permit Application Amendment/Transfer/Extension ~Rece~'~ved Application: II ] I ') ]1 t ¥7~Received Fee: I~ompleted Application I I Il ~ ! II __Incomplete __SEQRA Classification: Type I Type II Unlisted __Coordination: (date sent)_ ~,~LWRP Consistency Assessment Form ~.CAC Referral Sent: t I ]IR I II ./Date of Inspection: 104 ~ ./ Receipt of CAC Report: Lead Agency Determination: Technical Review: · -Pffblic Hearing Held: t~11 tll II __Resolution: Office Use Only Administrative Permit Name of Applicant SWANSON LIVING TRUST; C/O KENNETH & SUZANNE SWANSON Address P.O. BOX 144, 100 VILLAGE ROAD, NEW VERNON, NJ 07976 Phone Number: (973) 292-6564 Suffolk County Tax Map Number: 1000 - 26-2-25 Property Location: 1390 WILLOW TERRACE LANE,ORIENT (provide LILCO Pole #, distance to cross streets, and location) A G E NT: EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, Ny 11968 Phone:631-283-6360 loard of Trustees Applica~ GENERAL DATA Land Area (in square feet): 21,333 Area Zoning: R-40 Previous use of property: RESIDENTIAL, SINGLE-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: Project Description (use attachments if necessary): Construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland soume, all as depicted on the project plan prepared by En-Consultants, dated November 15,2011. of Trustees ApplicatiO 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? +/-50 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 50 cubic yards sandy fill to be trucked in from an upland source and used as backfill landward of new bulkhead and planted with native grasses. 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 replacement of an existing wood bulkhead with a vinyl bulkhead. The existing vegetated buffer landward of the bulkhead will be revegetated upon project completion and maintained as a nonturf buffer. The project thus seeks only to maintain existing conditions and will have no adverse impact on the adjacent tidal wetlands or waters of the Town. pard of Trustees Applicat' 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? +/-50 .(cubic yards) Manner in which material will be removed or deposited: Approximately 50 cubic yards sandy backfill will be trucked in from an upland source and dumped and graded landward of new bulkhead and vegetated with native species. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) ~he project entails the ordinary and routine maintenance of a portion of bulkheaded shoreline via the in-place replacement of an existing timber bulkhead with a vinyl bulkhead on the subject parcel. As the project seeks merely to maintain existing conditions, the bulkhead replacement will cause no impacts to or changes in condition of the fronting beach or adjacent properties, both of which are similarly bulkheaded and therefore would be advemely impacted by flooding and erosion if the subject bulkhead were not maintained. · PROJECT ID NUMBER PART 1 - PROJECT INFORMATION EN-CONSULTANTS 3. PROJECT LOCATION: 617.20 APPENDIX C ~ STATE ENVIRONMENTAL QUALITY~EW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by ArPlicant or Project Sponsor) 2. PROJECT NAME Municipality ORIENT {County SUFFOLK 4, PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 1390 WILLOW TERRACE LANE, ORIENT, TOWN OF SOUTHOLD, SCTM #1000-26-2-25 5. IS PROPOSED ACTION: ~ New ~Expansion ~'~iVbc~fic~ticm/alterati~n 6. DESCRIBE PROJECT BRIEFLY: SEQR Construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland source, all as depicted on the project plan prepared by En-Consultants, dated November 15, 2011. 7. AMOUNT OF LAND AFFECTED: kdti~ly 21,333 S.F. acres IJltJmately 21,333 S.F. 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.) 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, COE, DOS 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 Ph~LT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION~ I_.lYes ~JNo ' I CERTIFY~HAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Na~ ROBERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: NOVEMBER 16, 2011 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 Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, cce~inate lhe review process aed use Ihe FULL EAF. [~Yes r~No B. W1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another invstved agency. [~Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be bendwdtton, If legible) C1. Existing air quality, surface or groundwater quality or quantity, n~sa levels, existing traffic pa~tem, solid waste preduc~on or disposal, potential for erosion, drainage or flooding prol~ems? Expiain briefly: I C2. Aesthetic, egricul~ural, archaeological, historic, or olhe~ natural or cultural resot~ces; er community or neighborhood chara~...er? F_xp~in bdel~. I I C3. V~a~-~Gu. or fauna, tish, ~aetiflsh or wildlife species, significant habllats, or threatened or endangered species? Explain briefly:. C4. A C,~,~.~i~nity% o~ q; plans or goals as o,T..~;;y nduplud, or a change in use or Intens/ty of use of land or othe~ natural resou~sa? I=~,~,, tuinfly: C5. Growth, subsequent developmeeL or related activities likely to be induced by the proposed acting? ~-,_in briefly: C~. Long t~rm, aho~ term, ~mulat~ or other effocta not ide~titiod in Gl-Cfi? E~lain b~fly: I C?. ~fl~'im~act* ~indudi~l ~ange, in usa of e~er ~antit~ or ~ of eno~l~ Ex~lain br~: / D. WILL THE PROJEcT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAI CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If yes, explain bdefl¥: [Zl.oI IS THERE, OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ff [fee explain: PART III - ia= i ~=~,i~ieIATION OF SIGNIFICANCE (To be oompleted by Agency) . INS1RUCTIONS: Foreanh~dversee~e~identi~edab~ve~determ~newhe~mrit~ssu~tantia~arge~Im~nt~r~me~n~nL Each effect should be assessed in connan~m with its (a) setling (i.e. urban er mini); (b) probablrk'y of occuntng; (c) duration; (d) ~lity;, (e) geographic s~ope; and (f) magnitude, ff rm(~ssa~y, add attachments or reference supporting matedals. Ensure Ihat explanations contain sufficient ~ to show mehat all relevan~ adverse impacts have been identified and adequately addressed, ffquestion d of part i was checked ye~ the detormlna~m of ~nl~cance must eva~uate me potential Impact oflhe proposed at, lee on me environmental charan~tlcs of Ihe CFA EAF anda~ pre,ara a pe~alve declaration. WILL NOT result in any stgelficant adve~ae eredro~ne~al Impm:~ ANO provide, on attachments as ne~essapj, the masons su~pe~ng ~ dei~rml~ation. Board of Trustees /,._~_~ ~,. [ / Name of Lead Agency - Date Jill M. Dohert¥ President Pdnt °r T/y~ame °~~ Lead ^gency Title of Responsible Officer S~t/ute of Res~eslbin of~e,~ Lead Agency Signature of Preparer (If different from msponslb!e officer) / L× Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of SWANSON LIVING TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ROBERT E. HERRMANN , x~h2ti~t/dba EN-CONSULTANTS 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 being duly sworn, depose and say: That on the day of NOVEMBER ,2011, I personally posted the property known as 1390 WILLOW TERRACE LANE, ORIENT, TOWN OF SOUTHOLD, SCTM #1000-26-2-25 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 >tior to the date of the public heating. Date of hearing noted thereon to be held Wed~ December Dated: ~ ~ (signatm 2011 on or about 6:00 PM. Sworn to before me this l~h dayof DEC 2011 ~"Z~Not/aar~u~ fic - KlM H. STEPHENS OTAR¥ STATE OF NEW YOEK COMMIOSION NO. $01§031 OUALIFIED IN SUFFOLK COUNTY EXPIRES AUOUOT 2. 20j~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: SWANSON LIVING TRUST SCTM# 1000-26-2-25 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ~ Ii, I~OV 28 zOh :D,i Construct approximately 132 linear feet of vinyl bulkhead i~n plac~ of cxistin~ timb~.b~flkh~ad and backfill with approximately 50 cubic yards of s~d fill from ~ upl*d sou~t&~i~pn the proje~t pl~ prepped by En-Consultants, dated November 15, 2011. ~_ .... ~ ~52~?~' ....~ 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1390 WILLOW TERRACE LANE, ORIENT, TOWN OF SOUTHOLD 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: DECEMBER 14th, 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. SWANSON LIVING TRUST C/O KENNETH & SUZANNE SWANSON PROPERTY OWNERS NAME: P.O. BOX 144, 100 VILLAGE ROAD MAILING ADDRESS: NEW VERNON, NJ 07976 PHONE#: 973-292-6564 AGENT: EN-CONSULTANTS MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. Name: Address: MARY DeMARTINO QUALIFIED 1500 WILLOW TERRACE LANE PERSONAL RESIDENCE TRUST P.O. BOX 142 OR/ENT, NY 11957 HULSMANN LIVING TRUST P.O. BOX 188 ORIENT, NY 11957 CHARLOTTE L THOMSEN IRREVOCABLE TRUST P.O. BOX 321 ORIENT, NY 11957 STATE OF NEWt YOI~K COUNTY OF SUP'POLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sv, orn, deposes and says that on the 23rd day of NOVEMBER ,20 I 1 , 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 r011 of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were£Mailed to each of said persons by (certified)~) mail. ROBER~Tk~.. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this day of NOVEMBER ,20 11 23rd RIH H. STEPHENS NOTARY PUBliC STATE OF ~E~ YQRK COMMISSION NO, 5015§31 ~UALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2, 20JJ Mar, DeMartino Qualified Personal Residence Trust P.O. Box 142 Orient, NY 11957 OFF (Endorsement Requlm~) Hulsmann Living Trust P.O. Box 188 Orient, NY 11957 - Charlotte Irrevocable Tmsl P.O. Box 321 Orient, NY 11957 Board of Trustees Application A~TItORIZa~TION (where the applicant is not U~e owner) (print 6wrier of property) (mailing address) //~f~/~ ~/t~ f/'~/~ ~ /~/J do heroby amhoriz~ (^g nt) ~ ~/~ /~ (~ f~t/~toapplyforp~rmit(s) fromth¢ Southold Board of Town Trustees on my behalf. ((~vner's sigKa-mro) Boa~cl o£ Tz-us~uo8 App~.£cat£on County of Suffolk State of New York /~//~f) ~'~ ~/V..C ~'~/d/~ ~-/~ ~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SI~E ~S ~ 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 TIIE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH RE~qEW OF THIS ~PPLICATION. SWORN TO BEFORE ME THIS ~q DAYOF~~E~0 ] / APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Cod~ of Ethicz orohibi~s conflicts ofintettst on the u~t of town offic~ and employees. The t~eno~e of thls form is to orovide infommtion which c~n Me~t the town of no~ible aonflicts ofintm~st ~ ~ow it m ~, ~ ~ ~ (1.ast name, f~t name~ middle initlal, unl~t you ate al~lying in the name o f someone else or other entity, such as a company. If s~, indicate the other persoa' s or company's name.) NAME OF APPLICATION: (Chedz ~11 th~ ~ly.) Tax griovanc~ Building Vari~ Trustee C~ of Zone ~ Erosion Apl~OV~l of plat Mooring Exemption f~n plat or official map Plnnning Other (If'~her~, name ~e activity.) including a pa~net~hlp, in whlch the town offioer or employee has even a pertial owner~ip of (or employment by) a coq~afion in which th~ ~own officer o~ employee owns mote than 5% of the sheres. YES NO ~ If you answered "YES", complete the balance of this form and date ~nd sign whe~ indieated. Name of p~r~on employ~l by ll~ Town of Southold Titlo or position of0~ pe~on l~seribo ~ relationship botw~n yom'soft (tho appli~t]~gonVrglg~'n tativc) and th~ town officer or ~mployee. Either check the appmprh~ li~ A) tlu'ough D) aad/o~ deso-ib~ in the space provided. The town offer or employee or his or I~r ~ouse, sibling, p~ent, or child is (check nil flint apply): DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM A I1 appIicants for perm its* including Tow n of S0uth01d agencies, shall c0m plete this C C A F for proposed actions that are subject t0 the Town 0f S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin 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 tninor 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 supporting and non- suo~ortine 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 26 2 . 25 PROJECT NAME SWANSON LIVING TRUST; C/O KENNETH & SUZANNE SWANSON, TRUSTEES The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board ~] Building Dept. ~] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 132 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 50 cubic yards of sand fill from an upland source, all as depicted on the project plan prepared by En-Consultants, dated November 15, 2011. Location of action: 1390 WILL"~W TERRACE LANE, ORIENT Site acreage: 21,333 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: (b) Mailing address: SWANSON LIVING TRUST; C/O KENNETH & SUZANNE SWANSON P.O. BOX I44, 100 VILLAGE ROAD NEW VERNON, NJ 07976 (c) Telephone number: Area Code 973-292-6564 (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. 7 ¥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 [~Yes [~ No [~ NotApplicallle 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, together with the adjacent properties, has been improved with and supported and protected from flooding and erosion by a bulkhead at the 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; and failure to maintain this structure would cause the flooding and erosion of the adjacent properties. Therefore, the project is consistent with Policy 4. 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 7~ 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; and the existing vegetated area landward of the bulkhead will be revegetated and maintained as a nonturf buffer landward of the bulkhead upon project completion. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [-~ Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [~ No[~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes ["-] No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No ~ Not Applicable 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, which is subtidal even during most low tides. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Pro. tect ~Sout_h_?ld's _w~-depende,n.t .uses and promote siti~f new water-dependent suitable locations. ~ee LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Souud, the Peeonic Estuary and Town waters. See LWRP Sectiou III - Policies; Pages 57 through 62 for evaluation criteria. [~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes F'-] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~] No [~ Not Applicable PREPARED BY E.~RRM ROBERT ANN TITLE COASTAL MGMT SPECIALIST DATE 11/16/1! Amended on 8/1/05 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING November 16, 2011 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Rc: Swanson Living Trust. 1390 Willow Terrace Lane, Orient SCTM # 1000-26-2-5 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 4 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 $500.00 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. Robei~E. Herrmann Coastal Management Specialist /khs Enc. v~,ILLSW 1" 30' ±63' _+~1' EXISITING VEGETATE8 ~UFF~ TO REVEGETATED AND M~INTAINE~ AS !15' JBNTURF BUFFER UPON PROJECT CBMPLETZ8N C~N;TRUCTE~ ~N PLACE DF EX T~H~ER 9LKHD ,(~) 6' ×6" WA. B5 P~OP, VINYl. ELI. KI~/~ IN ~AC~ OP 8×, 11M~R BIJU%I~ FI.W- 0'-0' -e Ir?~N, ~ 20' ?ILIN~5 I/~" ~9" dS' VINYl. ~d~AI~IIN~ £ N- CONSULTAN% 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6360 ABJ BLKHB ?ROPCF-J~P IN-F'I./NC'I~ I~LILKI~AP I~PLACI~N'I' FOR 5WAN.fX2N LIVIN~i 1'RL151' ON ORIP..N1' klAl~OY, ORII~NI', %IPPOLK COLINfY, NY .q-IP.l?r I Of I I1-1~-II LOT ** ~ - FdAP OF "tAIILLOI~I TF:~AC, E" ~EC, TION ONE ON NOV'. 2~, I=Ib=1 A~ # 540/ ~ITUATE.. Ot~IENT TOINN.. ~X:::~'rHoI. D ~JFt=OI.K C, Ot)N'r~, N'r' DURVEI't~I2 II/ I0 / AMENDED II / II /26 /qg, 12 /OD / OT / 22 / q~, FOUND. LOG. 04- / Iq / qq FINAL JAN. 2D, 2000 UF~ATIE 10-21-20II, II-Oq-201l r::~,FFOLK ¢OUNT'f TAX # I000 26 2 2D HDREF# R-IO-qg-OI6q CERTIFIED TO: KENNETH IN. E~UZANNE ~J"IAN~,ON (c:~cled J2-22-q,~) FIDELIT'K NATIONAL TITLE INSURANGE 60. OF N~ x, C ®RAPHIC, SCALE I"= 20' JOHN C. EHLERS LAND SURVEYOR