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HomeMy WebLinkAboutTR-7859 1319 North Sea Road Southampton, New York 11968 3-6136 A-4� EWCONSULTANTS 631-283-6360 Fax:www.enconsultants.com wuvw.enconsultants.com ENVIRONMENTAL CONSULTING November 2 2012 ._ NOV 5 2012 Board of Trustees Town of Southold 0✓1; =h': ~T aN� P.O. Box 1179 Southold,NY 11971 Attn.: Elizabeth Cantrell Re: MarEaret P. Latham,Wetlands Permit No. 7859 Dear Ms. Cantrell: 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 November 2, 2012. A copy of the recorded document is enclosed for your files. Resp ctfully yours, kmte;he Enclosure cc: Margaret P. Latham CC#: C12-42075 .•`:fi!'Jby�°t¢.•:rtwgk.ii.prl,y;r COUNTY CLERK'S OFFICE STATE OF NEW YORK 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 11/02/2012 under Liber D00012710 and Page 127 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 11/0212012 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/02/2012 Number of Pages: 5 At: 09:19:27 AM Receipt Number : 12-0125022 LIBER: D00012710 PAGE : 127 District: Section: Block: Lot: 1000 032 . 00 01 . 00 009. 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25 . 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 $130 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages , RE�;t:RDE�� 201' Iliov 02 09F,19:27 1-N JUDITH N. h'PS ALE This docurnent will be public FOLK CLERK OU record. Please remove all L D00012710 Social Security Numbers P 1x11 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. � Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit �+��j� Mansion Tax The property covered by this mortgage is Certified Cop 'l or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other pp Grand Total I ' � If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 1000 1000 03200 0100 009000 5 Community Preservation Fund T Real Property RPO A Consideration Amount$ Tax Service Agency 30-OCT CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD En-Consultants 1319 North Sea Road TD 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) Margaret P. Latham 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 DECLARATION OF COVENANTS TII1S DECLARATION made this day of 2012, by Margaret P. Latham .frust, with an address of 1715 King Mountain Road, Charlottesville, VA 22901 hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 2425 Peters Neck Road, Orient, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 32, .Block .1, Lot 9, which is more particularly bounded and described as set forth in Schedule"A."annexed hereto,hereinafter referred toas 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 five-foot wide "nonturf buffer" be established and maintained 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 thesubject premises a five-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. «:t 1N� WITNESS WHEREOF, the owners have duly executed this instrument this day of 2012. Mk-garet P.Latham for Margaret P.Latham Trust STATE OF (J r,,� ss: 1 V `@f:i'l� l`1ODF N tf �t�e Sl�Q On the —day ofC , in the year 2012,before me the undersigned,a Notary Public in and for said State, personally appeared Margaret P. Latham 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 the same in her capacity, and that by her signature on the instrument,the individual or the person on behalf of which the individual acted,executed the instrument. 1 ! - N Lary Public Lauren Elizabeth Aughenbaugh Notary Public 7523730 �•,� Commonwealth of Virginia My Commission Expires May 31,2016 2 SCHEDULE A All that certain plot , piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : Beginning at a concrete monument set oil the northerly line of a certain 25 foot right of way hereinafter described, at the south- westerly corner of the premises herein described and being about 400 feet southerly and easterly along said right of way from the inlet leading from Pete Neck Creek to a certain salt pond; Running thence along land of the parties of the first part North 17 degrees 06 minutes 00 seconds east 148 . 05 feet to a concrete monument set at the ordinary high water mark of Pete Neck Creek; Thence easterly along said ordinary high water mark 185 feet, more or less; Thence along the westerly line of land conveyed, or about to be conveyed., by the parties of the first part to Ann L. Bliss and passing through a concrete monument set about 25 feet southerly along said line South 23 degrees 50 feet 40 seconds West 205 feet, more or less, to a concrete monument set on the northerly line of said right of way; Thence along said northerly line of said right of way, North 73 degrees 40 seconds 30 minutes West 150 . 00 feet to the point or place of BEGINNING. TOGETHER with all the right , title and interest of the parties of the first part of, in and to, the land under water in Pete Neck Creek lying contiguous to said premises . TOGETHER with right of way for ingress and egress across the road owned by the party of the first part running through "Little Woods" from the property herein above conveyed to King Street . All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : 3 SCHEDULE A (con't) Beginning at a monument on the northerly line of a 25 foot right of way, hereinafter described, at the southwesterly corner of land conveyed to party of the first part by deed dated July 29, 1953 ; from said point of beginning running along said northerly line of said 25 foot right of way South 81 degrees 36 minutes 10 seconds West 27 . 70 feet to a monument ; THENCE along land of the party of the first part conveyed by party of the first part to party of the second part North 17 degrees 06 minutes East 159 . 11 feet to a monument set at the ordinary high mark water of Pete Neck Creek thence easterly along said high water mark 25 feet, more or less, to said land conveyed by the party of the first part to the party of the second part ; THENCE along said land South 17 degrees 06 minutes West 148 . 05 feet 'to the point of beginning. TOGETHER with all the right , title and interest of the parties of the first part of, in and to, the land under water in Pete Neck Creek lying contiguous to said premises . TOGETHER with right of way for ingress and egress across the road owned by the party of the first part running through "Little Woods" from the property herein above conveyed to King Street . Subject to utility easements of records . Subject to and together with the rights and obligations affecting the subject premises by Roadway Repair, Improvements and Ownership Agreement dated the 26th day of June, 1964 and recorded on the 26th day of March, 1965, in the same office in. Liber 5719 page 484 . Being and intended to be the same premises as conveyed to party of the first part by deed dated September 9 , 1974 and, recorded in the Suffolk County Clerk' s Office in Liber '1759 Page 414 on December 3 , 1974 . 4 MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY * OF SOUryO Supervisor martin.Finnegan@town.southold.ny.us JENNIFER ANDALORO l0 Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY J�f P.O. Box 1179 jennifer.andaloro@town.southold.ny.us N Southold,New York 11971-0959 LORI M.HULSE Old ,�aTelephone(631) 765-1939 ASSISTANT TOWN ATTORNEY U N V Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us EC� OFFICE OF THE TOWN ATTORNEY r TOWN OF SOUTHOLD ` ' OCT Southhold ?own oars of Trustees Kim Stephens Otto 24.1.E---�-- En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: Margaret P. Latham Trust,Wetlands Permit No. 7859 Dear Ms. Stephens, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced application concerning the five foot wide non turf buffer to be established and subsequently maintained along the landward edge of the bulkhead, inclusive of the vegetated slope. 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. Hu se Assistant To Attorney Cc: Board of Trustees, James F. King, President Bob Ghnsio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 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 ¼ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7859 DATE: JULY 18, 2012 ISSUED TO: MARGARET P. LATHAM TRUST PROPERTY ADDRESS: 2425 PETERS NECK ROAD, ORIENT SCTM# 32-1-9 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 July 18, 2012, and in consideration of application fee in the sum of $250.00 paid by Margaret P. Latham 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 152 linear feet of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be trucked in from an upland source; with the condition that a 5' wide non-turf buffer be installed and maintained along the landward edge of the bulkhead; and as depicted on the site plan prepared by En-Consultants, last dated June 19, 2012, and stamped approved on July 18, 2012. 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 10. The Permittee Margaret P. Latham Trust, residing at 2425 Peters Neck Road, Orient, 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 Pemfit 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. 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 July 18, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Robed E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: MARGARET P. LATHAM TRUST 2425 PETERS NECK ROAD, ORIENT SCTM# 32-1-9 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 18, 2012 regarding the above matter: WHEREAS, En-Consultants on behalf of MARGARET P. LATHAM TRUST applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 21,2012, 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 Headng was held by the Town Trustees with respect to said application on July 18, 2012, 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 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 MARGARET P. LATHAM TRUST to construct approximately 152 linear feet of vinyl bulkhead and +/-7' eastedy return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be trucked in from an upland source; with the condition that a 5' wide non-turf buffer be installed and maintained along the landward edge of the bulkhead; and as depicted on the site plan prepared by En-Consultants, last dated June 19, 2012, and stamped approved on July 18, 2012. 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, jame~s F~ King°~' '~' President, Board of Trustees JFK/eac Peter Young, Chairman Laurcn Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 11, 2012 the following recommendation was made: Moved by Doug Hardy, seconded by Audrey Horton, it was RESOLVED to SUPPORT the Wetland Permit application of MARGARET P. LATHAM TRUST to construct approx. 152 If. of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approx. 15 cy. clean sand to be trucked in from an upland source. Located: 2425 Peters Neck Rd., Orient. SCTM#32-1-9 Inspected by: Doug Hardy, Audrey Horton, Peter Young The CAC Supports the application with the Condition of a 15' non-turf buffer. The CAC recommends the bulkhead is "bumped-out" to minimize the disturbance to the wetlands. Vote of Council: Ayes: All Motion Carried James F King, President Bob Ghosio, J~., Vice President Dave Bergen John Bredemeyer Michael J. Domino PO Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: 7/t I//z~ <} ~a MARGARET P. LATHAM TRUST requests a Wetland Permit to construct approx. 152 If. of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approx. 15 cy. clean sand to be trucked in from an upland source. Located: 2425 Peters Neck Rd., Orient, SCTM#32-1-9 ,,,T.~s; of area to be impacted: Itwater Wetland Freshwater Wetland Sound __Bay Distance of proposed work to edge of wetland P~haf Town Code proposed work falls under: pt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: P~ent Were: ¢'"~J. King / B. Ghosio ~ d. Bredeme~e~. Michael Domino __ D. Bergen, D. Dzenkowski Form filled ou~in the. field by Mailed/Faxed to: Date: other M~rgaret P, Latham Trust 2425 Peters Neck Road, Orient SCTM# 32-'~ ~9 MARGARET p. LATHAM TRUST Figure 1. LooMug east over easterl~, ha~ex~ting concrete seawall to be removed and replaced (in-phtce) with viny! bul~head. Figure 2, LooMng west over westerly half qf existing concrete seawall to be removed and replaced (in-place) with vinyl bulkhead MARGARET P. LATHAM TRUST, 2425 PETERS ORIENT I:Ygure 3. Looking west at easterly return to be replaced (#t-place) with vinyl retnrtt. Figure 4. Looking east at moxt westerly portion of colhtpsed section of existing seawall to be removed attd at location q['proposed westerly retur. OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 $outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM JUL 1 6 2012 Southhold lown B0urd of Trustees To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 13, 2012 Re: Proposed Wetland Permit for MARGARET P. LATHAM TRUST SCTM# 1000-32-1-9 En-Consultants on behalf of MARGARET P. LATHAM TRUST requests a Wetland Permit to construct approx. 152 If. of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with apprex. 15 cy. clean sand to be trucked in from an upland source. Located: 2425 Peters Neck Rd., Orient. SCTM#32-1-9 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 provided the following best management practice is required pursuant to: Clarify if the backfllled area will be replanted with indigenous vegetation following construction of the bulkhead, Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765 - 1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~ Wetland Permit Application Administrative Permit Amendment/Transl[?/~xtension x~_Received Application: ~ ~.__.~_~_ l,. Received Fee: o~'~r~ YCompleted Application ~[ Incomplete SEQ~ Classification: Type I Type 11 Unlisted Coordination: (date sent) ~WRP Consistency Assessment Fo~ ~CACRefe~alS¢nt: ln[~q I1~ -' ~Date oflnspection:. 2 h ~Reccipt oF CAC Repo~: Lead Agency Determination: Technical Review: .~ublic Hearing Held: q Resolution: dUN 2 1 2012 $0ulhh01rl ]own ['oard 0f lruslees Name of Applicant MARGARET P. LATHAM TRUST C/O MARGARET P. LATHAM, TRUSTEE A ddres s 1715 KING MOUNTAIN ROAD, CHARLOTTESVILLE, VA 22901 Phone Number: (434) 295-4371 Suffolk County Tax Map Number: 1000 - 32-1-9 Property Location: 2425 PETERS NECK ROAD, ORIENT (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone:631-283-6360 IBoard of Trustees Applic~bn GENERAL DATA Land Area (in square feet): 31,967 Area Zoning: R-200 Previous use of property: Residantial, one- family dwelling Intended use of property: No change Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ Yes X No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s) on property have a valid Certificate of Occupancy X Yes __ No Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES #2213 AUGUST 28, 1986 __ 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 152 linear feet of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be trucked in from an upland source, all as depicted on the project plan prepared by En-Consultants, dated June 19, 2012. of Trustees Apl WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing ~rosion consol 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 N/ How much material will be filled? +/-15 cubic yards Depth of which material will be rlf~fll~/V.0flYoN' deposited: +/-6 inches f~ot Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 15 cubic yards clean sand to be lrucked in from an upland source and used as backfill to be dumped and graded landward of the replacement bulkhead whose top elevation will be 6 inches higher than that of the existing wall. 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 concrete seawall with vinyl bulkhead. The project will maintain the existing conditions and will have no adverse impact on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER PART 1- PROJECT INFORMATION RUST EN-CONSULTANTS 3. PROJECT LOCATION: Municipality ORIENT 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by A ~licant or Project Sponsor) 2. PROJECT NAME County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 5. IS PROPOSED ACTION: r New OExp io O o i tio" It atio 6. DESCRIBE PROJECT BRIEFLY: SEQR Construct approximately 152 linear feet of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be trucked in fi.om an upland source, all as depicted on the project plan prepared by En-Consultants, dated June 19, 2012. 7. AMOUNT OF LAND AFFECTED: Ini~lly 0.73 acres Ultimately 0.73 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.) ~JResidential Nlndustrial [-"]Commercial [~Agricultare [~ Park / Forest / Open Space NOther(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~Yes [~ No If list name and permit / approval: yes, agency 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: 12. AS A R,F.2~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I lYes ~]No / I CERTIFf/THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 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 ASSr=$SMENT (To be completed by Lead Agency) A. DOES ACTtON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~] Yes F~No WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLtSTED ACTIONS IN 6 NYCRR, PART 617-67 If No, a negative declaration may be superseded by another involved agency, C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handw~tten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natura or cu tura resources; or community or ne ghbo[hood character? Expla n bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Exp mn bnefly C4. A comm~ity'~ existing plans or goal~ ~ '(~'fficially adopted, or a change m use or *ntens ty et use of land or other na ura resources. Exp a~rl briefly: ! , n~ Ex lain bdefi I C5. Growth subsequent development or related acbwbes hkely to be reduced by the proposed act o p y C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts lindudin~l chan(~les in use of either ({uantit)' or type of ene~,. Explain bdefl;/: D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? Ill )'esl explain briefl)': I--lYes rT-I NoI ................. E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If)'es explain: r-] Yes rT-i.oI PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edabeve,determinewhetheritissubstantial~~arge~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e, urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that afl relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potantiaHmpact of the proposed action on the environmental characteristics of the C EA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULt EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thk determination, Board of Trustees [] Date Name of Lead Agency . Print or Type Name of Responsible Officer in Lead Agency President [] SignOre of Responsible Officer in Lead~ency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ohosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of MARGARET P. LATHAM TRUST BOARD OF TOWN TRUSTEES JUL 17 2012 L._.___ ~oard of Trustees COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POST1NG I, IAN CROWLEY , taaidie~t/dba CROWLEY MARINE CONTRACTING CORP. P.O. BOX 618, GREENPORT, NY 11944 being duly sworn, depose and say: That on the day of JULY ,2012, I personally posted the property known as 2425 PETERS NECK ROAD, ORIENT, TOWN OF SOUTHOLD, SCTM #1000-32-1-9 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 bearing noted thereon to be held Wed~ JuI.y 18~ 2012. Dated: Sworr/~ to before me this IrTrd~y of ..~ JeS, x 20 {'2_ No. 01HE8059270 Qualified In Suffolk County Commission Expires July 23, 20~ (Signature) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MARGARET P. LATHAM TRUST YOU ARE HEREBY GIVEN NOTICE: SCTM# 1000-32-1-9 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 152 linear feet of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; constract +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be t~ucked in from an upland source, all as depicted on the project plan prepared by En-Consultants, dated June 19, 2012. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 2425 PETERS NECK ROAD, ORIENT 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: JULY 18th, 2012 ~ 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. MARGARET P. LATHAM TRUST C/O MARGARET P. LATHAM, TRUSTEE PROPERTY OWNERS NAME: 1715 KING MOUNTAIN ROAD MAILING ADDRESS: CHARLOTTESVILLE, VA 22901 PHONE#: 434-295-4371 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. so,~ ro Elizabeth Lath am ~t;:~:~ 515 W Pueblos, Apt. A .o.r.~.O...~.~..~Santa Barbara, CA 93105 xot~ P, James & Pat Latham ~ s~tro Attn.: James Latham ~m J~/~;;~ P.O. Box 455 ....... ~_~_.o.~ Orient, NY 11957 ... [:::.,, ............... Lath m, Ma~ Louise Blank Others P.O. Orient, NY 11957 O AL ~ [sootro Peters Neck LLC ~/~/,~t;-~br P.O. Box 535 or PO Box ~ . ,~ Orient, NY 11957 Here Postage Ceriifled Fee Return Receipt Fee (Endorsement Required} Restricted Delivery Fee (Endorsement Required) Total Posta? Postmark se,tro Isle of Cedars, LLC '~rro-~t;-~-~ r-a; 2490 Peters Neck Road _o_~_f}_o_~5.~f P.O. Box 455 ............ .(~rient, NY 11957 Name: Elizabeth Latham James & Pat Latham Latham, Mary Louise Blank & Others Address: 515 W Pueblo, Apt. A Santa Barbara, CA 93105 Attn. James Latham P.O. Box 455 Orient, NY 11957 P.O. Box 455 Orient, NY 11957 Peters Neck LLC Isle of Cedars LLC P.O. Box 535 Orient, NY 11957 2490 Peters Neck Road P.O. Box 455 Orient, NY 11957 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS 1319 North Sea Road Southampton, NY 11968 , being duly sworn, deposes and says that on the 3rtl day of JULY ,20 12 , 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 Not ~es were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were Mailed to each of said persons by (certified)(registered) mail. Sworn to before me this day of JULY ,20 12 ,, / 3rd KIH H. STEPHENS ~OTARY PUOLI~ STATE OF NEW YORK COMMISSION NO, 5015931 ODALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 ~ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print dwner of property) (mailing address) do hereby authorize ~r~ ~x~vt '~S~L~-$S (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ' (0wn6~s signature) Board of Trustees Application County of Suffolk State of New York ,%o~q ~,~ ~ V. L ~ th o,-,~ BEING DULY SwoRN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FKOM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. x. Signature SWORN TO BEFORE ME THIS DAY OF/~]O~e/e ~er- .201~ / Nota~ Pjj~c APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics mohibits conflicts of interest on the vart of town officem and ~molovees. Thc ouroose of this form is to orovide information which can ainr~ (he town of oussible conflicts of interest and allow it to ~ake whatever action is (Last name, first name, middle'initial, unlcs~ you ag applying in tha name of someone else or other entity, such as a company. If so, indica~ thc other NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zooc Coastal Erosion Approval of plat Mooring Exemption f~om plat or official map Planning Other Of'Other", name the activby.) Do you personally (or through your company, spouse, sibling, patent, or child) have a relaO, onship with any officer or amployan of the Town of Southold? "Relationship" includes by blood, marriage, or business intzrest. "Businuss interest" means a business, including a partnership, in which the town officer or employee has cyan a partial ownorehip of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO d 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 Dcs~rihe 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) tlc owner of creator than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial ownor of any intowst in a non-col~oratc entity (when the applicant is not a corporation); __~) aa officer, director, partner, or employee of the applicant; or --D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1 t 79 Southold, NY 11971 Re: Margaret P. Latham Trush 2425 Peters Neck Road, Orient June 20, 2011 LJ ~! JUN 2 1 2012 S0uthh01d Town Board of Trustees Dear Mr. Terry: Attached please find a copy of an application being filed with the Board of Trustees for a Town Wetlands Permit to replace a concrete seawall with a vinyl bulkhead in the same location, as depicted on the project plan prepared by En-Consultants, dated June 19, 2012. Pursuant to Town Code §268-5 ("Review of Actions") and the corresponding definitions of "action" and "minor action" by §286-3 ("Definitions"), the project meets the following definition of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: "GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction." Therefore, I have not filed an LWRP Consistency Assessment Form with the Trustees. Should you determine the project is not exempt from waterfront consistency review, please let me know and I will file the form with your office immediately. Respectfully yours, Robe~E. Herrmann ' Coastal Management Specialist cc: Lauren Standish, Board of Trustees EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Mar~nret P. Latham Trust~ 2425 Peters Neck Road~ Orient June 20, 2011 Dear Mr. Terry: Attached please find a copy of an application being filed with the Board of Trustees for a Town Wetlands Permit to m l.p.L~_- a concrete seawall wi.th a vinyl~bulkbead in the same location, as depicted on the project plan prepared by En-Consultants, dated June 19, 2012. Pursuant to Town Code {}268-5 (''Review of Actions") and the corresponding definitions of "action" and "minor action" by §286-3 ("Definitions"), the project meets the following definition of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: "GO. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction." Therefore, I have not filed an LWRP Consistency Assessment Form with the Trustees. Should you determine the project is not exempt from waterfront consistency review, please let me know and I will file the form with your office immediately. Coastal Management Specialist ce: Lauren Standish, Board of Trustees EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING June 21, 2012 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish JtlN 2 1 2012 8~uthh0ld lown Margaret P. Latham Trust 2425 Peters Neck Road, Orient SCTM #1000-32-1-9 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) 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. L~[EP Consistency Exemption letter. 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. mnann Coastal Management Specialist /kbs Enc. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of 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- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online a~ (southoldtown.northfork.net), the Board of Trustees Office, the Pie libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 32 I 19 PROJECT NAME MARGARET P. LATHAM TRUST the Tnven nf gn~thnld'g wehgit UL~1 JUN 25 2012 Southhold Town Beard of Trustees The Application has been submitted to (check appropriate response): TownBoard [~] Planning Board[--] Building Dept. [---] BoardofTrustees[~ 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 152 linear feet of vinyl bulkhead and +/-7' easterly return in place of(and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be trucked in fi.om an upland source, all as depicted on the project plan prepared by Eh-Consultants, dated June 19, 2012. Location of action: 2425 PETERS NECK ROAD, ORIENT Site acreage: 31,967 S.F. Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-200 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: MARGARET P. LATHAM TRUST (b) Mailing address: c/o MARGARET P. LATHAM, TRUSTEE; 1715 KiNG MOUNTAIN ROAD CHARLOTTESVILLE, VA 22901 (c) Telephone number: Area Code 434-295-4371 (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 IIl- Policies; Page 2 for evaluation criteria. ~-~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 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 site has been historically improved with and supported and protected fi.om flooding and erosion by a concrete seawall. The in-place replacement of the seawall fi.outing Pete Neck Creek should be considered a "minor action" exempt from waterfront consistency review pursuant to the following definition under Chapter 268: "GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction." However, as the raising of the bulkhead and construction of the new westerly return may be considered a new "action" a) the bulkhead is being raised 6" to provide improved protection against extremely high tides such as those that would occur during storm events.; and b) the westerly remm is being added to provide improved protection against the structure being outflanked on its westerly side, where there is the greatest potential for flooding and erosion and where the most severe damage has already occurred to the existing structure as a result. 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 concrete seawall will be replaced with a bulkhead constructed with untreated 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 Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes [-'] No ~ Not Applicable Attach additional sheets if necessary Polley 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 nor will the replacement bulkhead. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wa~[dependent uses and promote sitin~f new water-dependent suitable locations. See 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 Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [---] Yes ~] No [~ Not Applicable ROBERT E. HERRMANN TITLEcoAsTAL MGMTSPECIALIST DATE 6/22/12 Amended on 8/1/05 S.C.T. bl. NO. DISI~ICT: 1000 SECTION: ,}'2 JUN 21 2012 Southhold low, Board of Trustees BLOCK: I LOT(S): 9 £o 8.8 I / EL 7.0 BW TIDAL WETLANDS ~OUNDARY I AS DELINEATED BY EN-CONSULTANTS ,d SEPT. '-..../ LAND N/F OF ELIZABETH LATHAM EL 7.7 1 STY FRAME ~ "' I=J J [: MON l~ FO, 150.00' ~u... PRIVATE (25') ROAD (PETERS NECK ROAO~ STK SET O.L LAND N/F OF JAMES LATHAM UPDATE SURVEY 06-08-12 ADD ELEVATIONS 0,.3-08-12 AREA: 31,967.5 S.F. OR 0.73 ACRES ELEVATION DATUM: _U_S_G__S__l_9_2_9_ .............. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION ,7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT 8g CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR H. HOM THE SURt/.:'Y. IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: ORIENT TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE # 25--82 SCALE: 1":30' DATE: JULY 7, 2005 N. Y. S. LIC NO. 50227 CERTIFIED TO: MARGARET LATHAM; KENNETH M. WOYCHUK L.S. Land Surveying and Design P.O. Box 3, Matt/tuck, New York 11952 PHONE (e3i) 208-tsaa FAX (eSi) 208-1588 maintaining the records of Robert J. Hennessy JUN 21 2012 Snuthhold Town Board of Trustees WALL TO BE / ~68': PROPOSED 8' ~"~ "~'~"" ~ -- "*~- APPROVED ~ I J o~,.~ BOARD OF TRUSTEES / ~ I J EN-OONSULT~ ~/I 1319 NORTH S~ ROAD ~ ~ ~.,v.t~ . .o.~ -~ SO~PTON, ~ 11968 ~~ , .... ~ ~ 631-283~360 PROPOS~P VINYL, I~LLKt~AP IN ~/~ Of: CONC~ ~AW, N.L FO~ ~f P, LA1H~ 1~51' ON I~1'¢ ~CK CI~I~K, ORli~N1', 5Li~POLK ¢OLINfY, I~W YOI~K 5t~l~f I OP 2 6/19/12 5BCTIQN A-A: THRU CONPTR, L~CTIQN QP VINYb BLIL-KHUA? IN PbACB OP BX, CONCRBTU 5UAWAtb P~N VINYL 6" × I0 PibBS HM MUW ~ 2' P"