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HomeMy WebLinkAboutTR-8278 Ai EN-CONSULTANTS January 14, 2014 JAN 1 6 2014 Board of Trustees Town of Southold 5vuttwi�ic+Aii� P.O. Box 1179 T Southold,NY 11971 Attn.: Elizabeth Cantrell Re: Elizabeth R. Clancy-Wetlands Permit No. 8278 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 January 14, 2014. A copy of the recorded document is enclosed for your file. Respectfully yours, - tephe Enclosure cc: Elizabeth R. Clancy 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsu[tants.com environmental consulting 'fin 4 CC# : C14-1472 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 01/14/2014 under Liber D00012760 and Page 129 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 01/14/2014 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL L; JAN 1 6 2014 Boar of Tr s e s I Illilll IIII lllll lllll lllll lllll lllll lllll lllll IIII Illi I IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/14/2014 Number of Pages : 4 At: 09:38 :06 AM Receipt Number : 14-0004475 LIBER: D00012760 PAGE : 129 District: Section: Block: Lot: 1000 057 . 00 01 . 00 033. 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 . 00 NO RPT $60. 00 NO Fees Paid $125 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 77 JAN 1 6 2014 L11 A, Board f Trustees MF2 RECOF-:r-E[- 210!4 Jan 14 09.-738'0 06 Ahi TII ITH Aa PI SCPLE Number of pages CLEFT.' OF L C�hI001"763 l This document will be public F' 129 record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Mortgage Amt. Page/Filing Fee �� 1.Basic Tax Handling 20. 00 2. Additionai' Tax TP-584 Sub Total Spec./Assit. Notation _( or EA-52 17(County) Sub Total P Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. � �`AHeld for Appointment Comm.of Ed. 5. 00 ti Transfer Tax T = Mansion Tax Affidavit � aQe The property covered by this mortgage is Certified S or will be improved by a one or two NYS Surcharge 15. 00 07 family dwelling only. Sub Total YES or NO Other —�— Grand Total �"*:� � If NO, see appropriate tax clause on page# of this ins rumen . , 1a ? iL 4 Dist. 1000 Section 057.00 1 Block 01.00 Lot 033.000 5 Community Preservation Fund Real Propei 2645613 1000 05700 0100 033000 Consideration Amount $ Tax Service r'�� Ver f cat o' P 13 Y ! I 11111 11I 11�III�OII�I IIDDI ILII I��I CPF Tax Due $ \09-JAN-14) Improved Sa—ti sf �'`----�''} Iress 6 RECORD&REFURN IU: Vacant Land TD En-Consultants 1.319 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.suffoikcountyny.gov/clerk Title# 8 Suff®ikCounty Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) Elizabeth R. Clancy 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 Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (o v—e7 JAN 1 6 2014 DECLARATION OF COVENANTS SUutl u= •E Board rf Tri;stees THIS DECLARATION made this _ day of_k CC Mq f'✓' 2013, by Elizabeth R. Clancy, residing at 10 Holder Place,Forest Hills,NY 11375,hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at 1150 Blue Marlin Drive, Greenport, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 57, Block 1, Lot 33, 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 pennit 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 a proposed retaining wall, NOW,THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward edge of the proposed retaining wall on the subject 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, her 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 day of , 2013. lizabeth R. Cly cy STATE OF ss: COUNTY OF S On the 19 day of (),CC2.&vt. ,r , in the year 2013, before me the undersigned, a Notary Public in and for said State, personally appeared Elizabeth R. Clancy 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. JENNIFER S.ILVERIO Notary Public-State of New York Notary Public NO.OIS16271249 Qualified in Kings County My Commission Expires /D 2 SCHEDULE A ALL that certain plot,piece or parcel of land situate, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York,known and designated as Lot No. 12 as shown on a certain map entitled, "Map of Southold Shores at Arshamomaque", filed in the Office of the Clerk of the County of Suffolk on March 2"a, 2001 as Map No. 3853, said lot being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Blue Marlin Drive, (private)at the northwestern corner of the herein described premises said point of beginning also being at the division line between lot Nos. 11 and 12 as shown on the about mentioned map; RUNNING THENCE along the southerly side of Blue Marlin Drive,North 74 degrees 15 minutes 20 seconds East, 110 feet to the division line between Lots 12 and 13 as shown on the above mentioned map; THENCE along the said division line, South 15 degrees 44 minutes 40 seconds East, 180 feet to the ordinary high water mark of Peconic Bay; THENCE along the ordinary high water mark of Peconic Bay on a tie line of South 70 degrees 28 minutes 10 seconds West, 118.45 feet to the said division line between Lot Nos. 11 and 12 as shown on the above mentioned map; THENCE along the said division line,North 13 degrees 15 minutes West, 188 feet to the southerly side of Blue Marlin Drive,the point or place of BEGINNING. 3 i ~ Town Hall, 53095 Main Rd. James F. King, President ~g11FF0(,~ Bob Ghosio, Jr., Vice-President Orly P.O. Box 1179 Dave Bergen Southold, NY 11971 W Q.' John Bredemeyer ~A Telephone (631) 765-1892 Michael J. Domino 1 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 s< day of construction _ % constructed v/ / Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK i j PERMIT NO. 8278 DATE: AUGUST 21, 2013 ISSUED TO: ELIZABETH R. CLANCY PROPERTY ADDRESS: 1150 BLUE MARLIN DRIVE. GREENPORT SCTM# 57-1-33 AUTHORIZATION Pursuant to the provisions of Chapter 275 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 August 21. 2013, and in consideration of application fee in the sum of $250.00 paid by En-Consultants 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 120 linear feet of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an upland source; and construct 41x2' steps to beach; with the condition to establish and subsequently maintain a 5' wide non-turf buffer landward of retaining wall; and as depicted on the site plan prepared by En-Consultants, last dated October 8, 2013, and stamped approved on October 9, 2013. 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. ~pStlffpl,y.c ~v H John Bredemever- Nay I TERMS AND CONDITIONS The Permittee Elizabeth R Clancy, residing at 1 150 Blue Marlin Drive, Greenport, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I . 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. 2. 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. 3. 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. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 7. 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 Pernittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. 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. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. 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. 0 James F. King, President DF so~ryol Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road yy P.O. Box 1179 Dave Bergen T Southold, New York 11971-0959 John Bredemeyer G Michael J. Domino % ~ ~O Telephone (631) 765-1892 Fax(631)765-6641 I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 21, 2013 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: ELIZABETH R. CLANCY 1150 BLUE MARLIN DRIVE, GREENPORT SCTM# 57-1-33 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 21, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of ELIZABETH R. CLANCY 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, application dated July 25, 2013, 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 August 21, 2013, 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, 2 0 0 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 ELIZABETH R. CLANCY to construct approximately 120 linear feet of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an upland source; and construct +/-4'x2' steps to beach; with the condition to establish and subsequently maintain a 5' wide non-turf buffer landward of retaining wall; and as depicted on the site plan prepared by En- Consultants, last dated October 8, 2013, and stamped approved on October 9, 2013. 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: $0.00 Very truly yours, James F. King President, Board of Trustees JFK/amn James F. King, President C1 Town Elan Annex Bob. Ghosio, Jr., Vice-President P 54375 Route 25, P.O. Box 1179 Dave Bergen Southold, NY 11971 John Bredemeyer( y~@ Telephone (631) 765-1892 Michael J. Domino 9! Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SSOUTHOLD TO: SIAM-~0.11~S Dl~ EI I-Z be-- h r, Cbnc~l Please be advised that your application dated 12,5 11,3 has been reviewed by this Board at the regular meeting of 21 3 and your application has been approved pending the completion the following items checked off below. Revised Plans for proposed project S t Lo de f) tm ur ~ b l c~kv-- l O~n d w ar d 4 re-+6L 1'n i'n q w a l l Pre-Construction Hay Bale Line Inspection Fee ($50.00) J 1st Day of Construction ($50.00) % Constructed ($50.00) 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 go days or n3-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ BY: James F. King, President dVl QI (2d ql~ 3 Board of Trustees r iK-' f 5 '.T/ r LM fn f 1M ~lr I TIP -All dwd t ~Yy f All, _ -sue i7~yy 0 It. 0 'iY d Ji, os' r ,ri y 01 S.C.T.M. NO. DISTRICT: 1000 SECTION: 57 BLOCK: 1 LOT(S): 33 MARLIN DRIVE EL 6.3 EL 7.5 ASPHALT ASPHALT APRON APRON EL 6.3 ra~ 10 110.00+ LIL# E C E U V E D 9 N74° '20,+E - II II EL 8.0 II U J U L 2 5 2013 S> Board of Trustees uthold Town ``O,pL a LOT 12 F$9~ W1 O~ p G~.t EL 8.5 LOT 13 L07 11 35.0' r L 8.1 IS B, 37 CqR M 10.7' OVERHANG ^ GF $3f Z Z0. 2 753. n 7 S)), O k ry~ i 4] OwFLL/F/G EL 8. I75O?1, r o" o h ° 72 4. ¢ 9.3 20.0' r; r~ 737' 4 Dg4oNr 3a r EL 8.0 Y p EL 7.1 GK / a z 6, Z. n. ^ Y'yz e W0° x C1 OO O f ~ Ck v Z 11.8' F-\ EL 7.5 EL 7.0 EL 6.5 L 6.9 EL 7.6 TI AL WETLANDS BOUNDARY AS DELINEATED BY EN-CONSULTANTS W WETLANDS FLAGGING MAY 19, 2013 EL 6.4 OF LAWN TW 6.5 BW 5.5 1.2'W EL 6.2 EDGE TW 7.7 EL 6.0 BW 6.2 EL EL 4.0 4.1 _ - EL 3.7 TIN 7.7 D EL~ EL - 3.9 . . BW 2.5 TW 7.7 VINYL BULKHEAD -0-rl. . • " _ ,STOP EL 3.32)"_ - - - - - - - TW 8.2 . . . . . . . (TOE EL 2.5) TW 8.2 BW 2.9 - - + - - - mI W EL 2.5 ` 1 17.61 EDGE OF ERODED MARSH S70028NE0,+ (TIE MLW EL 0.0 - - pECONiC BAY THE WA T£R SUPPLY, WELLS DRYWELLS AND CESSPOOL LOCA BONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AREA: 18,744.09 SQ.FT. or 0.43 ACRES ELEVATION DATUM: NAW -79~ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLATION 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 BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING 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: LOT 12 CERTIFIED TO: ELIZABETH CLANCY; MAP OF: SOUTHOLD SHORES AT ARSHAMOMAQUE FILED: MARCH 2, 2001 No.3853 SITUATED AT: SOUTHOLD TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 PHONE (891)298 FILE 13-77 SCALE: I"=20' DATE: MAY 21, 2013 -1688 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy A Kenneth M. Iloychuk 0 gpFFO(,~ James F. King. President P.O. Box 1179 Bob Ghosio, Jr., Vice-President Southold, NY 11971 Dave Bergen Telephone (631 765-1892 John Bredemeyer Fax (631) 765-6641 Michael J. Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: En-Consultants on behalf of ELIZABETH R. CLANCY requests a Wetland Permit to construct approximately 120 linear feet of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an upland source; and construct +/-4'x2' steps to beach. Located: 1150 Blue Marlin Drive, Greenport. SCTM# 57-1-33 Type of area to be impacted: -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 _Chapt. 111 -other Type of Application: _ Wetland -Coastal Erosion -Amendment -Administrative-Emergency Pre-Submission Violation Info needed: N'GUJ /n~ V Modifications: Conditions: / 40 Al S,~e 'IX Present Were: V /j. King ZB. Ghosio D. Bergen, "J. Bredemeyer ? Michael Domino D. Dzenkowski other Form filled out in the field by 1 Mailed/Faxed to: Date: 0 0 ELIZABETH CLANCY, 1150 BLUE MARLIN DRIVE, SOUTHOLD l Y y c a~ V E Figure 1. Looking west along eroded marsh edge (adj. hulAhead to east in jor o d). J U L 2 5 ?013 outWd Town f fru~!v s 1 f~ +rtn 1 4 W 11; 7 ,T4 1 c;} 1 ~ ~ it I! } r r ra '77 - Figure 2. Looking east along shoreline and over location uJ proposed retaining wall. 0 0 ELIZABETH CLANCY, 1150 BLUE MARLIN DRIVE, SOUTHOLD 14 %1', It r' NIV, SO 'T 1 ~IIS T1- v ,5 y ~3rvli %1 Y' !'4 t 'i 14"'R i ~'t v R1.7 1~ 1 • .'s,?" , 1'C 4. ,-7K~,.? ~ h 'lei 1 { D' l 91 i 1 ~ c ~}rip }E r ~ l'i ~ V 1 IQ ~tt 1 ` q. k I t~ 12 t , ~p`l 1 ~ 1 , 1~, 6'1,',t ~ ~,s/r r .•r f Pr CB ~L 1 3 v 4 c i y v 1 - 'All flip 1,~ i 1 ~j~~ }H '~'i~ I i,:rt".ti? :i`~'.l $~~'~,iJ~ OAD. I~d~ ~r,qr~,;~•,~ Figure 3. Looking northwest from southeast corner of propero- over tidal wetlands boundary and toward location of proposed retaining wall and subject dwelling. AW .1 t . .~t Figure 4. Aerial view of subject property and adjacent bulkheaded shoreline to east and west. Photo by Microsoft Corporation. qe • ~ 'Y" rsl '~~~EII ~ ~ ,wa 1 m+son. mwu. ~ x ~ x~ : ~ ` a• a v r a V yy. O 9 P / ~ ' j s O3 v SOUND 'SUND ""'es --2--~~~ Pn xo*c COUNTY OF SUFFO i~ a a:c,ax xo RW~Plapaly TV SewioA /,penry v 57 monxrvaw 'Ile ow -n~ FN-CONSULTANTS October S, 2013 James King, Chairman Board of Trustees Town of Southold P.O Box 1179 Southold, NY 11971 OCT - 9 2013 U Re: Elizabeth Clancy, 1150 Blue Marlin Drive, Southold t,~ld owe: Dear Mr. King: As agreed at the public hearing held on the captioned application on August 21, 2013, please find attached three (3) copies of a project plan, last dated October 7, 2013, which has been revised to depict a 5' wide nonturf buffer landward of the proposed retaining wall. Although I trust submission of this revised plan will enable the Town Wetlands Permit to be issued, please let me know if you have any questions or require any additional information concerning this project. Res ly yours, Robert E. Herrmann Coastal Management Specialist Attachments - - - 1319 Noah Se] Road S<nitFam~1>n J"= Yu-k 11968 1 p 631283.6360 If 631783.6196 a . ,~i u c OFFICE LOCATION: Of SUMAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 # Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) G Q Southold, NY 11971 Telephone: 631 765-1935 • ~O Q~~~DUNTI ,~c~ Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 2r JI 0 V ' AUG 20 2013 To: Jim King, President Town of Southold Board of Trustees 0titkid T"9° Boar of Tr bCo From: Mark Terry, Principal Planner LWRP Coordinator Date: August 19, 2013 Re: LWRP Coastal Consistency Review for ELIZABETH R. CLANCY SCTM# 1000-57-1-33 En-Consultants on behalf of ELIZABETH R. CLANCY requests a Wetland Permit to construct approximately 120 linear feet of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an upland source; and construct +/-4'x2' steps to beach. Located: 1150 Blue Marlin Drive, Greenport. SCTM# 57-1-33 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 provided that: 1. The Board considers requiring a vegetated buffer landward of the new 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 0 ~a~gyFFD(,re • Peter Young, Chairman Town Hall, 53095 Main Rd. Lauren Standish, Secretary P.O. Box 1179 'F Southold, NY 11971 A Telephone (631) 765-1892 Pax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 14, 2013 the following recommendation was made: Moved by John Stein, seconded by William McDermott, it was RESOLVED to NOT SUPPORT the application of ELIZABETH R. CLANCY to construct approx. 120 If. of vinyl retaining wall landward of tidal wetlands boundary and backfill with approx. 25 cy. of clean sand/loam fill to be trucked in from an approved upland source, and construct 4'X 2' steps. Located: 1150 Blue Marlin Dr., Southold. SCTM#57-1-33 Inspected by: John Stein, Peter Young, William McDermott The CAC does Not Support the application because the retaining wall is tantamount to a bulkhead. A less obtrusive structure should be made in alignment with the neighboring properties. A non-turf buffer was not depicted on the plan and mowing is occurring up to the phragmites. Vote of Council: Ayes: All Motion Carried James F. King, President Town Hall, 53095 Main Rd. Bob Ghosio, .Jr., Vice-President P.O. Box 1179 Dave Bergen Southold,NY 11971 John Bredemeyer y~!pl ~aa4~ Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application Wetland Permit Application Administrative Permit _Amendment/Tran s er/Ex nsion p C E I V E Received Application: D -112-5 11 -3 ? eceived Fee: D completed Application Z51 I .3 Incomplete JUL 2 5 2013 SEQRA Classification: Type IType ll_Unlisted oordination: (date sent) old own WRP Consistency Ass ss ent Form 2 3 ~~V CAC Referral Sent: ate of Inspection: g 3 -Receipt of CAC Report: -Lead Agency Determination: Technical Review: I I Public Hearing Held: Resolution: Name of Applicant Elizabeth R. Clancy 10 Holder Place Address Forest Hills, NY 11375 Phone Number: 18 544-0849 Suffolk County Tax Map Number: 1000 - 57-I-33 Property Location: 1150 Blue Marlin Drive,Sexthel l- C~ etf fYYi- (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 1 Board of Trustees Applicn GENERAL DATA a Land Area (in square feet): 18,744 s.f. Area Zoning: R-40 Previous use of property: Residential, single-family residential 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 Yes No Prior permits/approvals for site improvements: Agency Date 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 120 I.f. of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an approved upland source, and construct +/-4' x 2' steps, as depicted on the project plan prepared by En-Consultants, last dated July 22, 2013. ~ard of Trustees Applicati~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To partially reclaim, restore, and maintain areas of beach and beach grass that were lost avulsively to erosion and to provide long-term erosion protection for upland Area of wetlands on lot: +/-1,140 square feet Percent coverage of lot: +/-6 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 clean sand/loam fill will be trucked in from an upland source and dumped and graded as backfill landward of the proposed retaining 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 seeks to prevent and minimize potential loss and damage from flooding and erosion by employing use of a hard stabilization structure, a vinyl retaining wall, only where a vegetative or other non-structural approach to controlling ongoing erosion is not viable. Specifically, the property is located between two adjacent bulkheads, and the vegetated marsh fronting the subject property has been severely eroded during significant storm events of the past several years, most recently during Hurricane Sandy. The structure has been designed to the minimum scale necessary and will have no adverse impact on the adjacent properties, which are bulkheaded, or to natural coastal processes and natural resources, as the retaining wall will be located landward of the intertidal zone and tidal wetlands boundary and will be predominantly buried in the adjacent upland soils. Therefore, the wall will not displace, disturb, or otherwise adversely impact the vegetated wetlands and in fact will allow the remaining high marsh and adjacent area vegetation the opportunity to continue providing a natural defense against flooding and erosion for as long as it is able to sustain itself. However, in the event that the vegetated slope is ultimately lost entirely to erosion, the upland portion of the property and residential structures located thereon, which are located between two adjoining bulkheads, will be protected by the proposed retaining wall. 617.20 PROJECT ID NUMBER SEAR APPPEN ENDIX C STATE ENVIRONMENTAL QUALI REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION ( To be completed by A plicant or Project Sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Elizabeth R. Clancy 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 1150 Blue Marlin Drive, Town of Southold, SCTM #1000-57-1-33 5. IS PROPOSED ACTION: New ? Expansion ? Modification/ alteration 6. DESCRIBE PROJECT BRIEFLY: Construct approximately 120 I.f. of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an approved upland source, and construct +/-4'x 2' steps, as depicted on the project plan prepared by En-Consultants, last dated July 22, 2013. 7. AMOUNT OF LAND AFFECTED: tnfthll 18,744 S.f. acres Ultimately 18,744 S.f. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes F No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ® Residential E] Industrial E] Commercial ?Agriculture ? Park / Forest/ Open Space ?Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ®Yes ? No If yes, list agency name and permit / approval: NYS DEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes ®No If yes, list agency name and permit / approval: lf5 A RffN0T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Yes [CERTIFY THA FHE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name bert E. Herrmann, Coastal Management Specialist Date, July 23, 2013 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 completed b Lead Agency) • A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. E] Yes O No B. WILL 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 involved agency. El Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, 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 natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in CI-C5? Explain briefly: CT Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? E]Yes No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes, explain briefly: PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. 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 all 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 potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL FAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, thatthe proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Board of Trustees i9uG- 9 zoi3 Name o ea Agency ate MG I 4/- 1,A)(y President Print or Type ame o Responsible car in Lead Agency Title of Responsible Officer ignatureo esponsr a icer r ea Agency Signature o reparer (if different from responsib o icer) • NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Elizabeth R. Clancy SCTM# 1000-57-1-33 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 120 l.f, of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an approved upland source, and construct +/-4' x 2' steps, as depicted on the project plan prepared by En-Consultants, last dated July 22,2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1150 Blue Marlin Drive, 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: Wednesday, August 21, 2013 @ 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. Elizabeth R. Clancy PROPERTY OWNERS NAME: 10 Holder Place MAILING ADDRESS: Forest Hills, NY 11375 PHONE#: 718-544-0849 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. GOOF OF MAILING OF NOTICE • ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Donald E. Hymans 10 Evergreen Drive Saddle River, NJ 07458 James R. Cullen Attn.: Mario Malerba 80-02 Kew Gardens Road Kew Gardens, NY 11415 Robert H. Chilton Credit Shelter Trust 1305 Blue Marlin Drive Southold, NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK Robert E. Hermann doing business at En-Consultants 1319 North Sea Road Southampton, NY 11968 being duly sworn, deposes and says that on the 5th day of August 120 13 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton that said Notices were Mailed to each of said persons by (certified)(repliakamd) mail. Robert E. Herrmann Coastal Management Specialist Sworn to efore me this day of L 2013 HNIN U. SPUGHENS STATE OF NEW YORK .~2 7A COMMISSION N0. 5015931 Notary ublic QUALIFIED IN SUFFOLK COUNTY EXPIRES AI:EPfT 71, Z01_7 ~.S. Postal Service,. CERTIFIED MAIL. RECEIPT cO (Domestic Mail Only; No insurance Coverage Provided) s t gym, S P O(V M Postage $ n,y Ln Certified Fee J c O Return Receipt Fee , MIf Poatmerk- p (EiMorsement Requires) 11W 2M3 Here M Restricted Delivery Fee O (Endorsement! Required) Lr) M1 Total Pow- = r=e== U -Ps sotto a Donald E. Hymans C3 10 Evergreen Drive M1 or Po Ba - cti,-. i,oi' Saddle River, NJ 07458 Postal CERTIFIED IVIAIL~, RECEIPT C3 (Domestic s m Postage $ SAP ON L11 r Certflied Fee a r3 Return Receipt Fee ~t AUG ~ Pat; p (Endorsement Requiretl) Ffete 0 Restricted Delivery Fee M (Endorsement Required) M1 u1 TOIeI P..atenw A Fwwa Qk U P S ra r-1 watt James R. Cullen rq 3 WR Attn: Mario Malerba M orPol M1 80-02 Kew Gardens Rd. _ City, a Kew Gardens, NY 11415 Postal CERTIFIED MAIL. RECEIPT to (Domestic n' M1 m Postage $ M Ln carolled Fee A&AW A P ark O Return Receipt Fee are p (Endorsement Required) SPS O Restricted Delivery Fee M (Endorsement Required) M1 t n Total Peatana A Fewfi rR ent Tc ri Robert H. Chilton Credit Shelter Trust a street 1305 Blue Marlin Drive or PO I t` Southold, NY 11971 cry s • 5uffdk Gw4 Hawtran Map 44 l.. ~ + yppp' f ^Fgr~ xo '1 k 1 , W A AD MARLIN DRIVE' 55 rte: 9r I. Plrpuse:5tabltreeasrnoFlplad (Iaio6xd of tidal weUads bmd ) 2. Pahm: MLW - O' -0" 5. &Lamq wa l to be rwlztmw or vkq 4 r--Akm ad pre a treated 5bidwA tlnbers; dl "Ire to b- b""m 0mved steel 1 " 3 o' Y 4. Pppra. 25 a sad/ ban fq to b- bucked in fm Y 3y m approod *ad same ad used as baifil 5. Plm ad aossvlew dlagans ae sdl obc in nahre and ere nteded ody to ester 6h pn)ect m r,~'Ry h-atwl, 5w, ad bax mrtrwUm de A5 fm z S "'mot' pamaN prp:; a ad are rot Mended to save as a sbshh+te fm a4vmT q a sa _ crostnrbon plats fm canstructlon prix; s 6. Protect bcatnn: 1190 Ok a Malin DrNe, °tck Swlhdd; SLfM IJo.1000-59 133 'moo °ECk t6 -e9 t65' APPROX. LIMIT OF OISTURBANC~ZBACKFILL - - - - - X. DGE OF LAWN 12- rw dw 5.5 - - aw 5 r PROPOSED 1WB--- W +4' x 2' STEPS Et 33 HY 91-KOO ~ _ - T .r w w w r W . . .r Ap,l. . PROP. ±120' VINYL RETAINING WALL ADJ. BLKHD NNYL W v. a. ~ AHW ~ EDGE OF ERODED MARSH i PECO:N]c B=AY KOP05N9 MTAININCA WALL FOP ~LIZAMfH CLANCY ON 5OUTNOL9 PAY, 5OUTHa[9, SUFFOLK CO., NY 9f f I OF 2 -7122/15 5~CTION TKU FFOrO5~P VINYL STAINING WALL . PEEAOF DSIIJMANCE/ PC'CiP 5`AIR` VALKFIL 25 cyI Z Z" fIMVE.R CM 9" x b" fOP CLAMP F•XGRAPF x\2' t\ERU~ TWi' _ _ _ _ AIM - _ 6'' I WA ER to aRAC A W 0 O" - My 9" 1,A"6 5'" PTCA7 PROPOSEv VIM'L PPf WhL C P EL - _6,5) 10" x 17 PILES CR NN~y A 1/k'' 4 9",10' VINYI SFEATHING • Q O -VN Z O O gpfF04/( AG s James 1'. King. President Town Flail. 53095 Main Rd. Bob Ghosio. Jr.. Vice-President P.O. Box 1179 Dave Bergen Southold. NY 11971 John Bredemeyer Telephone (631) 765-1892 Michael J. Domino 1 # Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ELIZABETH R. CLANCY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO RE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS 1 Robert E. Herrmann , residing at /dba En-Consultants 1319 North Sea Road, Southamnton, NY 11968 being duly sworn, depose and say: That on the (5 day of kG,u,5t- , 2013, I personally posted the property known as 1150 Blue Marlin Drive, Southold, SCTM 3000-57-1-33 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, August 21, 2013. Dated: (signatu e) Sworn to before me this 21stday of Aug 20 13 s b c KIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0. 5015931 OUALIFIEO IN SUFFOLK COU TY EXPIRES AUGUST 2. 20L-V NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, , Southold, New York, concerning this property. OWNER(S) OF RECORD: Ek"6411 y SUBJECT OF PUBLIC HEARING: To construct approximately 120 linear feet of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an upland source; and construct +/-4'x2' steps to beach. TIME & DATE OF PUBLIC HEARING: Y It Anesc , Au9OAsf'21, 20 13 - -or abothw S' 300" you have an Interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of a.m and .4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Board of Trustees Application AUTHORIZATION pp (where the applicant is not the owner) 1> (~~l 2a d~ l ~(t~7 L residing at (print owner of property) v (mailing address) J to ~l~-sac oL 141(L-S ~~,~7 IM 113q5 do hereby authorize (Agent) G -CO ns ~tan~S to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ( ner's signat e) "Roard of Trustees Application gaiI6 County of ~etffelk State of New York / za~ to rC 1~~ 1 u~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/S IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF~/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW //O''F//THIS APPLICATION. ~.CJ~ Signatur SWORN TO BEFORE ME THIS 4A Nq DAY OF PIIL 2013 Potarvylic JHUMA ROY Notary Public - State of New York NO. 01R06154572 Qualified in Queens Coynyt My Commisslon Expires 1 2 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of inter st and allow it to take whatever action is necessary to avoid same, y~ J f D YOURNAME: CLrI N~Y L~~'rJ4 r~ l~• (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO y If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) acid the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this L L la f ~ f3 Signature Form TS I Print Name tz a t 4417 Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. A II applicants for perm its' including Tow a of Southold agencies, shall com plete this C C A p for proposed actions that are subject to the Town of Southold W aterfront C onsisiency Review Law, This assessor ent is intended to supplem ent other inform ation 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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 at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. _ B. DESCRIPTION OF SITE AND PROPOSED ACTION p E C VBE E SCTM# 57 - I - 33 D JUL 2 5 2013 PROJECT NAME Elizabeth R. Clancy The Application has been submitted to (check appropriate response): Southold own Town Board ? Planning Board El 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 120 I.f. of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an approved upland source, and construct +/-4'x 2' steps, as depicted on the project plan prepared by En-Consultants, last dated July 22, 2013. Location of action: 1150 Blue Marlin Drive, Southold Site acreage: 0.43 acres Present land use: Residential single-family dwelling. Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Elizabeth Clancy (b) Mailing address: 10 Holder Place Forest Hills, NY 11375 (c) Telephone number: Area Code718-544-0849 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No o If yes, which state or federal agency?NYS DEC 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. ?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 F-] 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 ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ® Yes[:] No ? Not Applicable The project seeks to prevent and minimize potential loss and damage from flooding and erosion by employing use of a hard stabilization structure, a vinyl retaining wall, only where a vegetative or other non-structural approach to controlling ongoing erosion is not viable. Specifically, the property is located between two adjacent bulkheads, and the vegetated marsh fronting the subject property has been severely eroded during significant storm events of the past several years, most recently during Hurricane Sandy. The structure has been designed to the minimum scale necessary and will have no adverse impact on the adjacent properties, which are bulkheaded, or to natural coastal processes and natural resources, as the retaining wall will be located landward of the intertidal zone and tidal wetlands boundary and will be predominantly buried in the adjacent upland soils. Therefore, the wall will not displace, disturb, or otherwise adversely impact the vegetated wetlands and in fact will allow the remaining high marsh and adjacent area vegetation the opportunity to continue providing a natural defense against flooding and erosion for as long as it is able to sustain itself. However, in the event that the vegetated slope is ultimately lost entirely to erosion, the upland portion of the property and residential structures located thereon, which are located between two adjoining bulkheads, will be protected by the proposed retaining wall. 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 ? Not Applicable Insofar as Policy 5 is applicable to the project, the project is consistent to the extent that the proposed retaining wall will be constructed with vinyl sheathing. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ® Yes ? No ? Not Applicable The project seeks to prevent and minimistential loss and damage from flooding and a by employing use of a hard stabilization structure, a vinyl retaining wall, only where a vegetative or other non-structural approach to controlling ongoing erosion is not viable. Specifically, the property is located between two adjacent bulkheads, and the vegetated marsh fronting the subject property has been severely eroded during significant storm events of the past several years, most recently during Hurricane Sandy. The structure has been designed to the minimum scale necessary and will have no adverse impact on the adjacent properties, which are bulkheaded, or to natural coastal processes and natural resources, as the retaining wall will be located landward of the intertidal zone and tidal wetlands boundary and will be predominantly buried in the adjacent upland soils. Therefore, the wall will not displace, disturb, or otherwise adversely impact the vegetated wetlands and in fact will allow the remaining high marsh and adjacent area vegetation the opportunity to continue providing a natural defense against flooding and erosion for as long as it is able to sustain itself. However, in the event that the vegetated slope is ultimately lost entirely to erosion, the upland portion of the property and residential structures located thereon, which are located between two adjoining bulkheads, will be protected by the proposed retaining wall. Therefore, the project is consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ? Yes No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ® Yes ? No ? Not Applicable The project is located entirely landward of the intertidal zone and tidal wetlands and therefore will not impede public access to or along the shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's; f deppendent uses and promote siti f uew water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through for evaluation criteria. ? Yes ? No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ® Not Applicable PREPARED BY TLE Coastal Mgmt. Specialist DATEJuly 23, 2013 Robert E. Herr ann Amended on 811105 ~F / \ J, EN-CONSULTANTS July 23, 2013 D ECEIVE Town of Southold D Board of Trustees 54375 Main Road JUL 2 5 2013 Post Office Box 1179 Southold, New York 11971 Id oxn Re: Elizabeth R. Clancy 1150 Blue Marlin Drive, Southold SCTM #1000-57-1-33 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: I. Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans prepared by En-Consultants dated 7/22/13; and d) survey prepared by Kenneth M. Woychuk Land Surveying, PLLC dated May 21, 2013. 2. One (1) set of site photographs. 3. Application fee of $250.00 wetlands. 4. Three (3) LWRP Consistency Assessment Forms including: a) project plan. 1 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. Sinc ely, r Robe . Herrmann Coastal Management Specialist /khs Enc. - - 1319 North Sea Road I SOLI; Kamp for N<:; York 11968 1 p 631.283-6360 f 631-283.6136 r -