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HomeMy WebLinkAboutTR-8351 John Bredemeyer, S 0 Town Hall Annex President 54375 Main Road Michael J. Domino, Vice President P.O. Box 1179 Southold, New York 11971-0959 James F. King Telephone (631) 765-1892 Charles J. Sanders 0 Fax (631) 765-6641 OUM, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0952C Date: February 5. 2014 THIS CERTIFIES that the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns At 580 South Lane, East Marion, New York Suffolk County Tax Map # 38-6-9 Conforms to the application for a Trustees Permit heretofore filed in this office Dated November 14, 2013 pursuant to which Trustees Wetland Permit #8351 December 11, 2013 and Coastal Erosion Permit #8351C Dated December 11, 2013 were issued and conform to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns. The certificate is issued to MINNIGAN FAMILY TRUST C/O JOHN MINNIGAN & JOANNE LAPP, TRUSTEES owner of the aforesaid property. a_J__ 01., JZ Ow~ 6m"70 Authorized Signature i 0 James F. King, President O~O%10FDJ t Town Halt, 53095 Main Rd. Bob Ghosio, Jr., Vice-President P.O. Box 1179 a Dave Bergen w° Southold NY 11971 24 John Bredemeyer ' Telephone (631) 765-1892 Michael J. Domino ~t`l•! Fax (631) 765-Wt BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: --774/ / Ch. 275_Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 at day of construction Y2 constructed Project complete, compliance inspection. INSPECTED BY: _ ? U/G'~~y^ COMMENTS: a j, 1L CERTIFICATE OF COMPLIANCE: • • James F. King, President O~g~ff0( rco Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice-president a~ P.O. Box 1179 Dave Bergen d°+ Southold NY 11971 W John Bredemeyer Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND. POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8351 & 8351C DATE: DECEMBER 11, 2013 ISSUED TO: MINNIGAN FAMILY TRUST C/O JOHN MINNIGAN & JOANNE LAPP, TRUSTEES i PROPERTY ADDRESS: 580 SOUTH LANE. EAST MARION i SCTM9 38-6-9 I i AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 1 I I of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on December 11, 2013, and inconsideration of application fee in the sum of $1.000.00 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 for the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' i returns in-place of timber retaining wall and returns; and as depicted on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last dated June 20, 2012, and stamped approved on December 11, 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. i i I 1 ~~oSg11fF0(,~~0 ~ CH Bob Ghosio, r. O y ~ ~Yo! ao i I • • TERMS AND CONDITIONS The Permittee, Minnigan Family Trust C/O John Minniaan & Joanne Lapp Trustees residing at 580 South Lane East Marion, 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 Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. 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 • f3F S0(/r~o • Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer !hc 1• y0~ Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 ~y00UNT1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #8351C Applicant/Agent: En-Consultants Permittee: Minnigan Family Trust C/O John Minnigan & Joanne Lapp, Trustees SCTM#: 38-6-9 Project Location: 580 South Lane, East Marion Date of Resolution/Issuance: December 11, 2013 Date of Expiration: December 11, 2015 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: For the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns; and as depicted on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last dated June 20, 2012, and stamped approved on December 11, 2013. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: XX A maintenance agreement is attached hereto and is a necessary special condition of this permit. BY: James F. King, President Board of Trustees James F. King, President OF SOTown Hall Annex Bob Ghosio, Jr., Vice-President lQ 54375 Main Road P.O. Box 1179 Dave Bergen Southold, New York 11971-0959 John Bredemeyer app Telephone (631) 765-1892 Michael J. Domino OIyC~U Fax (631) 765-6641 NV I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 30-YEAR MAINTENANCE AGREEMENT EROSION PROTECTION STRUCTURES CHAPTER 111-15 OF THE SOUTHOLD TOWN CODE I (We) Minnigan Family Trust C/O John Minnigan & Joanne Lapp, Trustees The owners of record of property at: 580 South Lane. East Marion. New York SCTM#: 1000-38-6-9 in applying for a Coastal Erosion Permit for an erosion protection structure do hereby agree to a 30-Year Maintenance program for a structure as described: for the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns, as shown on the attached licensed survey and/or site plan for the approved structure. It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and/or equivalent to the original approved structure. Any maintenance which involves more than 50% of the length of this structure requires approval of the Board of Trustees. We further understand that failure to maintain the structure could result in a requirement to post a bond and/or have the repairs ordered as a lien against the property upon a finding by the Board of Trustees that said lack of maintenance would risk life, property or important natural resource features. Minnigan Fami~y Trust Sworn to before me this By: 7s~t 15th day of January, 2014 By: Of ' d sbicanaturyf, ow er o re ord fi_.y o ne pp, rus ee i otary u Iic CHARLES E. LAPP, III Notary Public, State of New York No.02LA4608738 Qualified in Nassau County This maintenanceqF9W&ffiWhfA"*t! %d upon the attachment of a licensed land survey/and or site plan made within one year of the original construction and validated to show the final approval of the administrator. James F. King, President V SQUTy~ Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road Dave Bergen P.O. Box 1179 Southold, New York 11971-0959 John Bredemeyer co Michael J. Domino Telephone (631) 765-1892 lYCOMM Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 11, 2013 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: MINNIGAN FAMILY TRUST C/O JOHN MINNIGAN & JOANNE LAPP, TRUSTEES 580 SOUTH LANE, EAST MARION SCTM# 38-6-9 Dear Herrmann: The Board of Town Trustees took the following action during its regular meetings held on Wednesday, December 11, 2013 regarding the above matter: WHEREAS, En-Consultants on behalf of MINNIGAN FAMILY TRUST C/O JOHN MINNIGAN & JOANNE LAPP, TRUSTEES applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated November 14, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the issuance of permit on structure, and 2 • 9 WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on December 11, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of MINNIGAN FAMILY TRUST C/O JOHN MINNIGAN & JOANNE LAPP, TRUSTEES for the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns; and as depicted on the surrey prepared by Nathan Taft Corwin III, Land Surveyor, last dated June 20, 2012, and stamped approved on December 11, 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 °%UFF9J goo Town Hall Annex rfy 54375 Route 25, P.O. Box 1179 Bob Ghosio, Jr., Vice-President ~~OV Southold, NY 11971 Dave Bergen d+ x a Telephone (631) 765-1892 John Bredemeyer ~y Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: E_n Cyr, sly (-I ct 4s lr Mi nv~ is av, Fnro y Trust Please be advised that your application dated has been reviewed by this Board at the regular meeting of 2 l 3 and your application has been approved pending the completion of th fo lowing items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) '/2 Constructed ($50.00) V Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 30-Year Maintenance Agreement (complete original form enclosed and submit to Board of Trustees Office) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ SD. o BY: James F. King, President Board of Trustees i Minnigan Family Trust r 580 South Lane, East Marion 3 SCTM# 38-6-9 12/4/13 f ~i_ 1 .IF A. '1 r~~. rr i , b_ - `ly;fTt.~ ~ ~ ~yt .fig 41, ~=''YY1~'~P "t'f ~ « ! r^ , yr , ~a~~' ~~~p k . IM" gpFFO(~- James F. King, President P.O. Box 1179 Bob Ghosio, .Ir., Vice-President vd Southold, NY 11971 Dave Bergen Telephone (631 765-1892 lohn Bredemeyer Fax(631)765-6641 Michael.1 Domino A Southold Town Board of Tr Field InspectionM/ork Sessior Date/Time: En-Consultants on behalf of MINNIGAN FAMILY TRUI & JoANNE LAPP, TRUSTEES requests a Wetland Permit ana a Coastal Erosion Permit for the as-built 68.5' vinyl retaining wall with 67 and 5.4' returns in-place of timber retaining wall and returns. Located: 580 South Lane, East Marion. SCTM# 38-6-9 Ty of area to be impacted: -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland Paq,offown CodWe oposed work falls under: hapt.275 Chapt. 111 -other Type of Application: _ Wetland -Coastal Erosion -Amendment _Administrative_Emergency-Pre-Submission Violation Info needed: Modifications: Conditions:----rte I - L ~ spa e PreseptWere: J. K' g /B. Ghosio D. } / J. Bredemeyer Michael Domino T wczs Suh,~ /i/ r Form filled o t in the field by Mailed/Faxed to: Date: • MINNEGAN FAMILY TRUST. 580 SOUTH LANE, EAST MARION NOV 1 4 2013 ~ W11' a Eff 'a Bad y r x .f w _ ,yam Figure 1. Looking northeast along top of existing vinyl retaining wall from southwesterly property line. .;rte. ~ 'w `Ni,.: tMA 6 .0I A Aft 3 111 65-1. 141 Figure 2. Looking northeast along face existing vinyl retaining wall from westerly property line. MINNECAN FAMILY" TRUST. 5811 SOUTH LANE, EAST MARION Y.` «ae VIM d yy - 1c -174 .yam , ? of v ~ , t .rte , • ~ / ~ A~. Afm yv ` , , ~p 1 t (af t a, rY rr~} Y 1 s wl., l . 49 Oii 71 Figure 3. Looking southwest along face existing vinyl retaining wall from easterly property line. a 'Y Fry •.1L' L 1t Vk, Jjk (J1 _ ~yy ; ~~1~ +rr~i~ j Jf yse.' Yt u~:• 8,~.~.y*: ihi,.. Y ~4 J ~~O/ -s,~,~ ,spy ,~~.G~?['~4 w~.i~2 -r!'~~ ~,ir al Ma~`~e.+°,i . r 1 iI w~, 5 A~61'.i ~~to •#J Iii y? r~lb y x^ tl,!w stt1`. Figure 4. Looking northwest toward dwelling at face of'existing vinyl retaining wall. ~~S s a N J• rt. K.~U.m a{o a O .ff.a..o. wl !A ! •J C P 3 2 ! { . { f a f4rt140 ~ "a r i rq ° o Pq J+' a rq i; +y CIS rA i w ! wa A a~ fa qo q' .q r r i i~ A fq,91 { A A q A q 1 e Z e \ Lq / IMM FSUFFOX E ..r FII Q CO © o m tErna..n _ RB4 FmEOF01p" ~'TY SGINOO.OBIIL)' 38 • LAW OFFICES 0 LAPP & LAPP 100 CEDARHURST AVENUE CHARLES E. LAPP, III P.O. BOX 435 CHARLES E. LAPP, JR. CEDARHURST, NEW YORK 11516 (RETIRED) (516) 295-3344 FACSIMILE (516) 295-3460 January 24, 2014 Board of Town Trustees, Town of Southold Town Hall Annex, D r 1~ m' 54375 Route 25 PO Box 1179 Southold, New York 11971 JAN 2 7 2014 Re: Minnigan Family Trust ` Premises: 580 South Lane, East Marion, New York SCTM #1000-38-6-9 Gentlemen: I represent JoAnne Lapp and John Minnigan, the trustees of the Minnigan Family Trust, and I enclose the following: 1. A signed 30-year maintenance agreement; and 2. A $50.00 check for the final inspection fee. If you require any additional information, please feel free to contact the undersigned. Yours very truly s C h a les E., CEL:klm / Enc. c: EN-Consultants, Aft: Mr. Robert E. Herrmann (with copies of enclosures) OFFICE LOCATION: OF SO(/TyOI MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) CA Southold, NY 11971 @ Telephone: 631 765-1938 Fax: 631765-3136 cow,N LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Ear 9 D To: Jim King, President Town of Southold Board of Trustees U'',^~- Tr From: Mark Terry, Principal Planner LWRP Coordinator Date: December 6, 2013 Re: Proposed Wetland Permit for MINNIGAN FAMILY TRUST, c/o JOHN MINNIGAN & JoANNE LAPP,TRUSTEES SCTM#1000-38-6-9 En-Consultants on behalf of MINNIGAN FAMILY TRUST, c/o JOHN MINNIGAN & JoANNE LAPP, TRUSTEES requests a Wetland Permit and a Coastal Erosion Permit for the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns. Located: 580 South Lane, East Marion. SCTM# 38-6-9 It is my recommendation that the proposed action is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The structure described was not constructed pursuant Board of Trustee review or a Chapter 275 Wetland Permit or Chapter 111 Coastal Erosion Permit. In the event that the action is approved, it is recommended that the Board further the blow listed sub-policy by designating the existing vegetation between the bulkheads and retaining wall as a landscaped buffer or nonturf, vegetated buffer in the decision and any subsequent permits. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided. 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. 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 • ~~~g~FFO(,~co • Peter Young, Chairman Town Hall, 53095 Main Rd. Lauren Standish, Secretary O T P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 4, 2013 the following recommendation was made: Moved by William McDermott, seconded by John Stein, it was RESOLVED to NOT SUPPORT the application of MINNIGAN FAMILY TRUST C/O JOHN MINNIGAN AND JOANNE LAPP, TRUSTEES to legalize existing 68.5' vinyl retaining wall with 67 and 5.4' returns, which are located partially on property owned by the Old Orchard Homeowner's Assoc, Inc. and which were constructed in place of a previously existing timber retaining wall and returns at the time the adjacent bulkhead owned by OOHA was reconstructed pursuant to Wetland Permit #7464 and CEHA Permit #7464C. Located: 580 South Lane, East Marion. SCTM#38-6-9 Inspected by: John Stein, Peter Young, William McDermott The CAC does Not Support the application because the application is inadequate for the intended structures as these structures cannot be legalized on property the applicant doesn't own. There should be a joint application with the homeowners association. In addition, the area between the upper and lower bulkheads should be non-turf and specified on the plan. Vote of Council: Ayes: All Motion Carried ~~,SOfFQ~,~~O • ti James F. King, President Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice-President P.O. Box 1179 Dave Bergen y • Southold,NY 11971 John Bredemeyer Telephone (631) 765-1892 Michael J. Domino Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD / Office Use Only V oastal Erosion Permit Application Wetland Permit Application _Administrative Permit Amendment/Trans er/ tension D ~N Received Application: 3 C 7 eceived Fee: ompleted Application ` Incomplete NOV 1 4 2013 _SEQRA Classification: Type IType 11 Unlisted ordination: (date sent) WRP Consistency Assess en Forth 2 3 V CAC Referral Sent: 3 -0ate of Inspection: -Receipt of CAC Report: -Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: ''77'x`` Name of Applicant Minnigan Family Trust, c/o John Minnigan & JoAnne Lapp, Trustees 42 Yale Place Address Rockville Centre, NY 11570 Phone Number: 51 374-2561 Suffolk County Tax Map Number: 1000 - 38-6-9 Property Location: 580 South Lane, East Marion (provide LILCO Pole distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 c -Phone: 631-283-6360 Board of Trustees Applion GENERAL DATA Land Area (in square feet): 11,378 Area Zoning: R-40 Previous use of property: Residential single-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 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): Legalize existing 68.5' vinyl retaining wall with 6.7' and 5.4' returns, which are located partially on property owned by the Old Orchard Homeowner's Association, Inc. (OOHA) and which were constructed in place of a previously existing timber retaining wall and returns at the time the adjacent bulkhead owned by OOHA was reconstructed pursuant to Town Wetlands Permit No. 7464 and Coastal Erosion Management Permit No. 7464C, all as depicted on the land survey prepared by Nathan Taft Corwin III Land Surveyor, last dated June 20, 2012. ~ard of Trustees Applic..ti~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To legalize existing retaining wall located landward of the primary bulkhead and which was constructed at the time of reconstruction of the primary bulkhead. Area of wetlands on lot: o square feet Percent coverage of lot: o Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A 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): As stated in the statement of effect associated with the application for reconstruction of the primary bulkhead, which was approved and executed pursuant to Town Wetlands permit No. 7464, the project entailed the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead, and the in-place replacement of the secondary retaining wall became part of that maintenance work. The project did maintain a vegetated buffer behind the bulkhead and thus effectively maintained historically existing conditions without adverse impact on the adjacent tidal wetlands or waters of the Town. .Board of Trustees Applica~n COASTAL EROSION APPLICATION DATA Purposes of proposed activity. To legalize existing retaining wall located landward of the primary bulkhead and which was constructed at the time of reconstruction of the primary bulkhead. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? N/A (cubic yards) How much material will be filled? N/A (cubic yards) Manner in which material will be removed or deposited: N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) As stated in the statement of effect associated with the application for reconstruction of the primary bulkhead, which was approved and executed pursuant to Coastal Erosion Management permit No. 7464C, the project entailed the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead, and the in-place replacement of the secondary retaining wall became part of that maintenance work. The project did maintain a vegetated buffer behind the bulkhead and thus effectively maintained historically existing conditions without adverse impact on the adjacent beach, natural processes, or adjacent properties. Properties to both sides of the subject property remain similarly bulkheaded. 6!7.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part I - Project and Sponsor Information Name of Action or Project: Minni an Retaining Wall Project Location (describe, and attach a location map): 580 South Lane, East Marion, Town of Southold, SCTM #1000-38-6-9; property located on east side of South Lane, 93'+/- south of East Lane. Brief Description of Proposed Action: Legalize existing 68.5' vinyl retaining wall with 6.7' and 5.4' returns, which are located partially on property owned by the Old Orchard Homeowner's Association, Inc. (OOHA) and which were constructed in place of a previously existing timber retaining wall and returns at the time the adjacent bulkhead owned by OOHA was reconstructed pursuant to Town Wetlands Permit No. 7464 and Coastal Erosion Management Permit No. 7464C, all as depicted on the land survey prepared by Nathan Taft Corwin 111 Land Surveyor, last dated June 20, 2012. Name of Applicant or Sponsor: Telephone: 516-374-2561 Minnigan amily Trust c/o John Minni an & JoAnne Lapp, Trustees E-Mail: Address: 42 Yale Place City/PO: State: Zip Code: Rockville Centre NY 11570 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: X 3.a. Total acreage of the site of the proposed action? 0.261 acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.261 acres 4. Check all land uses that occur on, adjoining and near the proposed action. Urban ? Rural (non-agriculture) ? Industrial ? Commercial N Residential (suburban) ? Forest ? Agriculture ® Aquatic ? Other (specify): ? Parkland Page 1 of 4 • 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: Peconic Bay and Environs, Reason: Protect public health, water, vegetation, & scenic - X beauty Agency: u o ounty, ate - 1255 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b. Are public transportation service(s) available at or near the site of the proposed action? X c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: N/A 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: N/A 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? X X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? X b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? X If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply. ® Shoreline ? Forest ? Agricultural/grasslands ? Early mid-successional ® Wetland ? Urban ® Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ? NO ? YES X b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ? NO ? YES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: X 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: R ert E. Herrmann, Coastal M mt. Specialist Date: November 12, 2013 Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ? regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ? affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate s/ reasonabl available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ? a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, t/ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 1 Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental im is. s~o~~n o F Ti2vs ? i/~~ z~j 3 Name,ooff Lead Agency Date X /Ie/ O'PN I Print orT c Name of Responsible Officer'n Lead Agency Title of Responsible Officer Si azure of Responsible Officer in ~Ieao Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 NOTICE TO ADJACENT PROPERTY OWNER I~D 11 BOARD OF TRUSTEES, TOWN OF SOUTHOLD DEC - 4 2013 In the matter of applicant: Jy _ Minnigan Family Trust SCTM# 1000-38-6-9 Bar u YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Legalize existing 68.5' vinyl retaining wall with 6.7' and 5.4' returns, which are located partially on property owned by the Old Orchard Homeowner's Association, Inc. (OOHA) and which were constructed in place of a previously existing timber retaining wall and returns at the time the adjacent bulkhead owned by OOHA was reconstructed pursuant to Town Wetlands Permit No. 7464 and Coastal Erosion Management Permit No. 7464C, all as depicted on the land survey prepared by Nathan Taft Corwin III Land Surveyor, last dated June 20, 2012. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 580 South Lane, East Marion 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: Wednesday, December 11, 2013 na, 5:30 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. Minnigan Family Trust c/o John Minnigan & JoAnne Lapp, Trustees PROPERTY OWNERS NAME: 42 Yale Place MAILING ADDRESS: Rockville Centre, NY 11570 PHONE#: 516-374-2561 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. .ROOF OF MAILING OF NOTICE* ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Old Orchard Homeowners Association, Inc. 25 Aspen Lane New Hyde Park, NY 11040 Michael Miggins 9352 Braymore Circle Fairfax Station, VA 22039 Robert W. Dixon Revocable Trust 16 Tanglewood Lane Sea Cliff, NY 11579 Ellen Zimmerman 110 West 87th Street New York, NY 10024 SPATE OF NEW YORK COUPYIY OF SUFFOLK Robert E. Hermann doing business at En-Consultants 1319 North Sea Road Southampton, NY 11968 being duly sccann, deposes and says that on the 27th day of November 20 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 (certifred)(mostand) mail. Robert E. Herrmann Coastal Management Specialist Sworn to before me this 27th day of November ,20 13 K I M H. STEPHEN S NOTARY PUBLIC STATE OF NEI,' YORK /nom COMMISSION N0. 5015931 Nota ublic QUALIFIED IN SUFFOLK COUNTY EXPIRES Al GIIST t ~a0(? U.S. Postal Service,,., U.S. Postal Service~. CERTIFIED MAIL,,., RECEIPT CERTIFIED MAILT. RECEIPT M (Domestic Mail Only; No insurance coverage Provided) C3 ~ (Domestic Mail Only; No Insurance Coverage Provided) u- r, s gm~ i'z CO iv' v 5 171 P Y Yi^ • 14w 0"' Postage $ 171 c CO 11- Postage $ a Certified Fee certified Fee O Return Receipt Fee Postmark ra Postmark (Endorsement Required) Here O Return Receipt Fee Here O C3 (Endorsement Required) Restricted Delivery Fee C3 Restricted Delis' Fee ~ nn of (Endorsement Required) k,~V 7 In' (Endorsement Required) ! 2013 cr O O Total P_-.-__ ^ C r9 O Total P-'.--- e C a m nr TO Sent TO Old Orchard Homeowners Assoc., Inc. M Michael Miggins p ; 25 Aspen Lane siieai,p r~ or POE ° 9352 Braymore Circle Sly sn New Hyde Park, NY 11040 orPOH t` _.___Ste Fairfax Station, VA 22039 Ciy, U.S. Postal Service-r. U.S. Postal Service~. CERTIFIED MAIL,, RECEIPT CERTIFIED MAILT,,, RECEIPT (Domestic • (Domestic n- 7 ~ i r _ it f4 m t m eu M1 Postage $ O' Postage $ Certified Fee certified Fee Postmark Return Receipt Fee Postmark O Return Receipt Fee Here O (Endorsement Required) N/11 zq-uet 711,3 O (Endorsement Required) Restricted DeliveryFee Restricted Delivery Fee N~27 2013 (Endorsement Required) 0 (Endorsement Required) E G Total Po ° Q O Total P,-'--- ,a r-l RI Sent TO Sent To Robert W. Dixon Revocable Tru 1`111 st Ellen Zimmerman C3 srreei, Ap 16 Tanglewood Lane o S&Wa,,-A 110 West 87' Street r, or POBor or PO B, C-ity, - St-ate - Sea Cliff, NY 11579 t` city, Ste New York, NY 10024 i • F4140e 0 James F.King, President Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice-President J1 T P.O. Box 1179 Dave Bergen y Southold,NY 11971 John Bredemeyer '23'Q aa~ 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 MINNIGAN FAMILY TRUST, c/o JOHN MINNIGAN & JoANNE LAPP, TRUSTEES COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS 1, Brian Riley , [E8bdWgAt /dbaEn-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the 2nd day of December 2013, I personally posted the property known as 580 South Lane, East Marion, SCTM# 1000-38-6-9 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 hearing noted thereon to be held Wednesday, December 11, 2013. Dated: (signature) Brian Riley Sworn to before me this 11A day of -bfc 20 /3 4fdy blic KIM H. STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO, 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2, 2 01-7 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: yb::ham 000setci*n S*Am*- Lo~.p 1I rOsf Vcs SUBJECT OF PUBLIC HEARING: For the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns in-place of timber retaining wall and returns. TIME & DATE OF PUBLIC HEARING: • (Jedn ft ~ecem be r It 3 - oJJ or abcw& S 30M ft*erest If you have 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 8 a.m and .4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Board of Trustees Application County of SUM= Nassau State of New York John Minnigan and JoAnne Lapp 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 FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Uu ' a.w~ Signature SWORN TO BEFORE ME THIS 28th DAY OF August 20 13 otary P CHAFU S E. LAPP, M Nobry 1 Pubft 02LA 606 36~ auelfied in Nam Cotx* Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) John Minnigan and JoAnne Lapp as Trustees I, of the Minnigan FamilFsidingat 42 vat Pia (print owner of property) (mailing address) 11570 Rockville rPntrP, NY do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) ohn Minnigan, Trustee CID J ne Lapp, Trustee • JoAnne Lapp and John Minnigan as Trustees of The Minnigan Family Irrevocable Trust 42 Yale Place Rockville Centre, New York 11570 May 25, 2013 Old Orchard Homeowners Association, Inc. PO Box 723 East Marion, New York 11939 Re: Replacement retaining wall on the Minnigan Property and the Old Orchard Homeowners Association, Inc. Gentlemen: We are the owners of the real property that is landward of the Old Orchard Homeowners Association ("DOHA") beach, bulkhead and ten foot (10') buffer zone. When OOHA contracted to install its replacement bulkhead, the contractor advised our predecessor in title that in all likelihood the wooden retaining wall that had been constructed by Thomas Minnigan on his property would probably be undermined due to the construction of the new bulkhead. The contractor stated he would replace the wooden retaining wall with a new retaining wall. After construction of the OOHA bulkhead and the inspection of the same by the Town of Southold, our predecessor received a summons for erecting a retaining wall without benefit of a permit. As a condition to the disposition of the summons, we are required to file a permit to maintain our retaining wall. Attached to this letter is a survey of Nathan Corwin Taft III dated June 20, 2012 depicting our property showing the retaining wall and the the land and beach owned by OOHA. The contractor installed the new retaining wall in the exact location of the old retaining wall. As shown on the survey, that retaining wall does not follow the dividing property line between our land and your land. The survey indicates that at the westerly end our retaining wall is approximately 2.2 feet south of our property line. At the easterly end the retaining wall is approximately 2.2 north of our property line. As part of the application process the Town of Southold requires you, as the adjoining landowner, consent to our application to maintain this retaining wall. By countersigning this letter agreement, you indicate your consent for us to file the application to maintain this retaining wall, albeit with a portion of that wall being on your property. By countersigning this letter agreement you also agree that you are not making claim to any portion of our property on the westerly end of the retaining wall. We are responsible for and will pay all filing fees, costs, surveys and any other expenses in connection with the application to the Town of Southold. We would appreciate it if you would countersign this letter agreement so the permit application can be filed with the Town of Southold. Yours very truly, The Minnigan Family Irrevocablest By: J JoA e Lapp, Trustee By ` Jo Minnig n, Trustee The undersigned agrees that JoAnne Lapp and John Minnigan as Trustees of The Minnigan Family Irrevocable Trust have our permission to file an application to maintain their retaining wall shown on the survey of Nathan Corwin Taft III, dated June 20, 2012, and further agree that said retaining wall, as shown on the survey of Nathan Corwin Taft III dated June 20, 2012, may be maintained on our property. Old Orchard Home wners Association, Inc. By: e Edwo J. Flannigan, Pre ident 1 BOUNDARY LINE AGREEMENT AGREEMENT made this 24`h day of May, 2013, between JoAnne Lapp and John Minnigan as Trustees of The Minnigan Family Irrevocable Trust, residing at 106 Judson Place, Rockville Centre, New York 11570 and 42 Yale Place, Rockville Centre, New York 11570, respectively, (FIRST PARTY) and the Old Orchard Homeowners Association, Inc., with a mailing address of PO Box 723, East Marion, New York 11939 (SECOND PARTY): WITNESSETH: WHEREAS, the FIRST PARTY is the present owner in fee of the real property more particularly designated as District 1000, Section 038.00, Block 06.00, Lot 009.00, and WHEREAS, the SECOND PARTY is the present owner in fee of the real property more particularly designated at District 1000, Section 038.00 Block 06.00, Lot 010.00, and WHEREAS, the real properties of the FIRST PARTY and the SECOND PARTY have a common boundary line on the southerly side of the FIRST PARTY's property and the northerly side of the SECOND PARTY'S property as depicted on the survey of Nathan Taft Corwin, III dated June 20, 2012, annexed hereto as Exhibit "C", and WHEREAS, the FIRST PARTY's predecessor-in-interest caused a wood and fiberglass bulkhead/retaining wall to be erected on the common boundary line as shown on Exhibit "C"; and 1 WHEREAS, said retaining wall was not installed along said common line, which resulted in part of said retaining wall encroaching upon the property of the SECOND PARTY; and WHEREAS, the parties to this agreement desire to memorialize their respective rights and obligations concerning the real properties of each other; NOW, THEREFORE, in consideration of $1.00 and other goods and valuable consideration, the parties hereto agree as follows: FIRST: The SECOND PARTY is the owner in fee of all the land south of the dark line indicated to be the southerly property line of the FIRST PARTY as that dark line is shown on the survey of Nathan Taft Corwin, III dated June 20, 2012, annexed as Exhibit "C. SECOND: The SECOND PARTY grants to the FIRST PARTY permission to maintain the retaining wall as shown on Exhibit "C on the real property of the SECOND PARTY. THIRD: The permission hereby granted by the SECOND PARTY shall not be deemed or considered as granting to the FIRST PARTY, their successors or assigns any title, rights, interests or claims to the real property owned by the SECOND PARTY. The FIRST PARTY hereby waives and does waive any claims of adverse possession to the land of the SECOND PARTY. FOURTH: The SECOND PARTY waives any claim to title, rights or interests to any land of the FIRST PARTY and waives any claim of adverse possession to the land of the FIRST PARTY. 2 FIFTH: In the event the retaining wall must be relocated, the FIRST PARTY, their heirs, distributees, successors and assigns agree that the cost and expense to have said retaining wall constructed on the actual common boundary line of the real property of the FIRST PARTY and the SECOND PARTY shall be borne solely by the FIRST PARTY. SIXTH: The SECOND PARTY consents to and authorizes the FIRST PARTY to file the necessary applications with the Town of Southhold for permission to maintain the retaining wall owned by the FIRST PARTY. SEVENTH: This agreement contains the entire agreement of the parties and no modification or alteration of this agreement shall be effective unless in writing and signed by the parties hereto. EIGHTH: This agreement shall be binding on and enure to the parties hereto, their respective legal representatives, heirs, distributees and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the date first written above. ohn Minni an C J nne Lapp Old Or®rdl o X01 I ners Association, Inc. By: G Ed Flannigan, Pre ent 3 State of New York County of Nassau On the 24th day of May, 2013, before me, the undersigned, personally appeared John Minnigan and JoAnne Lapp, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities and that by their signatures on the instrument, the individuals, or the rson pon behalf of which the individuals acted, executed the instru enf,~ rl s .Lapp, II Notary Public, State of ew York No.02LA4606738 Qualified in Nassau County Commission Expires July 31, 2013 State of New York County of Suffolk On the 25th day of May, 2013, before me, the undersigned, personally appeared Edward J. Flannigan, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities and that by their signatures on the instrument, the individuals, or the p on upon behalf of which the individuals acted, executed the instrument. / Nota ublic, State o New York DAVID CORD'cS Notary Public - Stole of New York NO. OIC06185235 g Oualifled In Suffolk t My Commission Expirea' 4 SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-38-06-09 ` JJ NOT TO SCALE J. \'S JUNE 20, 2012 f AREA = 101 AB sq. ft. It o . .r~ p 3 e y 9 CERTIFIED T0• ~y2 y's' 1.1m Mlaaigth k J.Amu Wpp 90 irvatao of the • 5 Minni9an Family Ovei ./a dated April 2, 2012 I e r Y h1~ ~ S O rO • ~y~ f` J ' bb p~ brysa°• ~ ~ aY P Gal's J 2 0 \ 4 c r IMI a s *it 4p L Sp / a / / h6 / c ~ mp do ~ 3° 1_ ~ 'y r$ rq`" sa ® Iaf6 04 aa. ~,lp ~ a. m.R aw Ky.. u.. w. ea.m EXHIBIT „C„ ehyme 73a Nathan Taft Corwin III Land Surveyor m 1a SW J. Imo. L LA :7.W„ Wes. _ me a a _ W r8 . - . - a.,a . 2q N Peee Mph FROME (.9121-SWa Fe. (631))2)-1727 M[FIDifXLS aeeaaay fiSX6ICGi20O WW%KMLY 1. Am / 4SS d wse aF sa I ' 3en.W.1. Xn .6119.1 Bu 16 em. n~a:n, w. 7w 11.17 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 interest and allow it to take whatever action is necessary to avoid same. YOURNAME: John Minnigan and JoAnne Lapp as Trustees of the Minnigan (Last name, first time, middle initial, unless you are applying in the time of Family Trust 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", time 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 X 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 applicantlagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): _A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 28tidayof August 3OIX- 2013 Signature ° Tr Print Name ohn h rtnfiq~l Form TS 1 ne Lapp Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. A II applicants for perm its* including Tow n of Southold agencies, shall com plele this C CA F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessor eat is intended to supplem ent other inform ation used by a Tow n of Southold agency in m a k in g a d e t e r m in a t i o o o f c o n s is le n c y. *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. Aproposed 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- supportine 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. H E Q E 1 1 E B. DESCRIPTION OF SITE AND PROPOSED ACTION ` D TM# 38 6 _ 9 D $C NOV 1 4 2013 PROJECT NAME Minni an Family Trust 70UTO~u Al The Application has been submitted to (check appropriate response): 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: Legalize existing 68.5' vinyl retaining wall with 6.7' and 5.4' returns, which are located partially on property owned by the Old Orchard Homeowner's Association, Inc. (OOHA) and which were constructed in place of a previously existing timber retaining wall and returns at the time the adjacent bulkhead owned by OOHA was reconstructed pursuant to Town Wetlands Permit No. 7464 and Coastal Erosion Management Permit No. 7464C, all as depicted on the land survey prepared by Nathan Taft Corwin III Land Surveyor, last dated June 20, 2012. Location of action: 580 South Lane, East Marion Site acreage: 11,378 s.f. Present land use: Residential, single-family dwelling with dock 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: Minnigan Family Trust; c/o John Minnigan & JoAnne Lapp, Trustees (b) Mailing address: 42 Yale Place Rockville Centre, NY 11570 (c) Telephone number: Area Code 516-374-2561 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ? If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ElYes ? No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ? Yes ? No ® 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 As stated on the LWRP Consistency Form submitted with the application for reconstruction of the primary bulkhead, which was approved and executed pursuant to Town Wetlands Permit No. 7464 and Coastal Erosion Management Permit No. 7464C, the existing, developed site is surrounded by bulkhead in both directions and has been improved with and supported and protected from flooding and erosion by a bulkhead at the toe of the embankment since prior to 1977, and the project maintained this existing condition through the ordinary and routine in-place replacement of bulkhead and retaining wall. There was no viable non-structural alternative means of maintaining and protecting the vegetated embankment and upland portion of the parcel in its current location. Therefore, the project with the reconstructed retaining wall remains 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 'D~' Yes N ? No ? Not Applicable The project with the retaining wall remains consistent with Policy 5 to the extent that both the existing treated timber bulkhead and treated timber retaining wall were replaced 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 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's v&-dependent uses and promote sit of new 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 TITLE Coastal Mg mt. Specialist DATE 11/12/13 Robert trmann Amended on 811105 • -n/ EN-CONSULTANTS EC! November 12, 2013 D 10V 14 2013 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1 179 Southold, New York 11971 Re: Minnigan Family Trust 580 South Lane, East Marion SCTM #1000-38-6-9 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three (3) Wetland & Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) Land Survey prepared by Nathan Taft Corwin III Land Surveyor, last June 20, 2012. 2. One (1) set of site photographs. 3. Boundary Line Agreement between Minnigan Family Trust & Old Orchard Homeowners Association, Inc., dated May 24, 2013. 4. Letter of Consent from Old Orchard Homeowners Association, Inc., dated May 25, 2013 5. Application fee of $1,000.00. 6. Three (3) LWRP Consistency Assessment Forms including: a) site 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. Ske. , R Herrmann Coastal Management Specialist /khs Enc. - - 1319 North Sea Road I Southampton, New York 11968 I p 631283.6360 I f 631.283.6136 www.enconsultants.com environmental consulting SURVEY OF PRO: PROPERTY SITUATE DATE EAST MARIO MARION TOWN OF SOUTH SOUTHOLD SUFFOLK COUNTY, NI QTY, NEW YORK S.C. TAX No. 1000-3E 1000-38-06-09 s NOT TO SCALE 0 SCALE '1`0 JUNE 20, 2012 '0, 2012 AREA = 11,378 sq. f' 11,378 sq. ft. 0.261 ac. 0.261 ac. 0 b'o yo, CERTIFIED T0: ' a ~p'L titi' John Minnlgan & JoAnne Lapp as is Lapp as trustees of the g Minnigan Family Trust z dated it g pp April 2, 2012 APPROVED BY I "o, BOARD OF TRUSTEES L NOV 1 4 2013 l O yo F TOWN OF SOUTHOLD '.:1 y a DATE Z f op, fd ,t c 91 M1y N 00, 5' S~ M1+M1 Sv, ZA ` t O Fg M d 1? a T% X02 ~ / i 4 ! PS6 0 d~ v / 0 / / sC~Eya ~ AP~,+ 'OO e+vx ~ ~ ~ X10 3~ 0~~¢5 ,~~oogo+YT' Y oy ^ Y~ PREPARED IN ACCORI FOR TM BY THE C STANDARDS LI .ANC PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS MR MILE SURVEYS AS ESTABLISHED THE O FOR SUCH H USE USE @LT BY THE LI.A.LS. AND APPROWD AND ADOPTED MR SUCH USE B'(-XM" YORK STATE LAND IVY nTLE ASSOC ~,~PtE TITLE ASSOCme OF Npk, COQ' z Z ~trh Z f~ O `x#67 SUN.Y.S. Lic. No. 50467 UNAUTHORIZED Y IS A nON OR ADDITION THIS SURVEY 19 A W ON OF TO Nathan Ti pan Taft Corwin III EDUCON NI-A OF THE NEW EW YORK STATE CATIO. COPIES ES Or OF THIS THIS SURVEY MAP NOT BEARING Land 4% COP .and Surveyor THE AND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL. EAL SHAll NOT BE E CONSIDERED TO BE A VAUD TRUE COPY. CERRRCATONS INDICATED HEREON SHALL RUN Successor To: Slenle ONLY TO THE PERSON FOR WHOM THE SURVEY Josepl Iacessor To: Stanley J. saksen, Jr. L.S. Joseph A. Ingagno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TRUE COMPANY, GOVERNMENTAL AGENCY AND Tile Surveys - Subdivisions rys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION USTED HEREON, AND To THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 1)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT OCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1566 Main Rood AND/OR EASEMENTS OF RECORD, IF ,in Road P.O. Box 16 ANY. NOT SHOWN ARE NOT GUARANTEED. JDmespoH, New York 11947 iw York 11947 Jamespork, New York 11947 32-115