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Home My WebLink AboutBombara, Robert James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 October 15, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Peter S. Danowski, Jr., Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Danowski: The Board of Trustees took the following action during its regular meeting held on Wed., October 15, 2008 regarding the above matter: WHEREAS, Peter S. Danowski, Jr., Esq. on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated July 6, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Southold Town Conservation Advisory Council provided a written comment to the Southold Town Board of Trustees which stated, due to the location of the Coastal Erosion Hazard line being landward of all proposed activities, a full review of the application cannot be conducted at this time, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1-Minimize loss of human life and structures from flooding and erosion hazards, Policy 4.2 - Protect and restore natural protective features, - Policy 6 - Protect and restore the quality and function of the Town of Southold ecosystem, - Policy 6.3 - Protect and restore tidal and freshwater wetlands, and, WHEREAS, a site visit of the property was conducted on October 17, 2007 and in attendance at the site visit, among others, were representatives of the Town of Southold Board of Trustees, LWRP Coordinator Mark Terry and New York State Department of Environmental Conservation's Environment Specialist Robert McDonough, which confirmed that the proposed actions were entirely located seaward of the Coastal Erosion Hazard line and within a primary 2 dune, and a primary dune is a natural protective feature, as defined in Chapter 111-6, and governed by Section 111-13, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said applications on August 22, 2007 and October 15, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board of Trustees of the Town have personally viewed and are familiar with the premises in question and the surrounding area regarding the location of the proposed development, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposed structures, as applied for, are located on the natural protective feature of a primary dune as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by Section 111-13, which prohibits all activities in such an area unless specifically provided for in Chapter 111, and, WHEREAS, the Board has determined that the structures, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the Town, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and because the proposed actions are located entirely within the coastal erosion hazard area and the primary dune, a natural protective feature, and because the proposed actions are not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Board of Trustees deems the proposed project to be impermissible under Chapter 111 and Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the scope and location of the proposed structures, and overall impact of the proposed project on the tidal wetlands, and the furtherance of the policies cited by the LWRP Coordinator, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of ROBERT BOMBARA to construct a single-family dwelling, detached garage, pool and associated water supply and sewage disposal facilities, and as depicted on the surveys prepared by Howard W. Young dated February 9, 2007, labeled Alternate 1, Alternate 2, and Alternate 3. This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, oherty, Vice-Presi~nt of Trustees L, JMD: Ims James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 October 15, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Peter S. Danowski, Jr., Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA '1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Danowski: The Board of Trustees took the following action dudng its regular meeting held on Wed., October 15, 2008 regarding the above matter: WHEREAS, Peter S. Danowski, Jr., Esq. on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for permits under the provisions of the Wetland Ordinance under Chapter 275 Wetlands and Shoreline of the Town Code of the Town of Southold, application dated July 6, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Southold Town Conservation Advisory Council provided a written comment to the Southold Town Board of Trustees which stated, due to the location of the Coastal Erosion Hazard line being landward of all proposed activities, a full review of the application cannot be conducted at this time, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1-Minimize loss of human life and structures from flooding and erosion hazards, Policy 4.2 - Protect and restore natural protective features, - Policy 6 - Protect and restore the quality and function of the Town of Southold ecosystem, - Policy 6.3 - Protect and restore tidal and freshwater wetlands, and, WHEREAS, a site visit of the property was conducted on October 17, 2007 and in attendance at the site visit, among others, were representatives of the Town of Southold Board of Trustees, LWRP Coordinator Mark Terry and New York State Department of Environmental Conservation's Environment Specialist Robert McDonough, which confirmed that the proposed 2 actions were entirely located seaward of the Coastal Erosion Hazard line and within a primary dune, and a primary dune is a natural protective feature, as defined in Chapter 111-6, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said applications on August 22, 2007 and October 15, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board of Trustees of the Town have personally viewed and are familiar with the premises in question and the surrounding area regarding the location of the proposed development, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposed structures, as applied for, are located on the natural protective feature of a primary dune as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code, and do not comply with the standards set forth in Chapter 275 Wetlands and Shoreline of the Town Code, and, WHEREAS, the Board has determined that the structures, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the Town, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and based upon the applicant's failure to meet the standards contained in Chapter 275 of the Town Code and the proposed actions ara located entirely within the coastal erosion hazard area and the primary dune, a natural protective feature, in accordance with Chapter 111 of the Town Code, that the Board of Trustees deems the proposed project to be Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the scope and location of the proposed structures, the overall impact of the proposed project on the tidal wetlands, and the furtherance of the policies cited by the LWRP Coordinator, and, BE IT FURTHER, RESOLVED, that the Board of Trustees DENIES the Wetland Permit application of ROBERT BOMBARA to construct a single-family dwelling, detached garage, pool and associated water supply and sewage disposal facilities, and as depicted on the surveys prepared by Howard W. Young dated February 9, 2007, labeled Alternate 1, Alternate 2, and Alternate 3. This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, /~M. ~oherty,~ ~oard of Trustees JMD: Ims New York State Department of EnVironmental Conservation Division of Water Bureau of Flood Protection and Dam Safety, 4* Floor · 625 Broadway, Albany, New York 12233-3504 Phone: (518) 402-8185 · FAX: (518) 402-8082 Website: www.dec.state.ny.us Alexander B. Grannis Commissioner April 15, 2008 James F. King, Jr., President Board of Trustees, Town of Southold Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Dear Trustee King: Lauren Standish of your office has alerted the Coastal Erosion Management (CEM) Section that the Town Trustees office is expecting additional information from the Department relating to a site visit on October 17, 2007. The site visit was attended by Joanne Parker of the Albany CEM section, NYDEC Stony Brook CEM representative, Eric Star and me. The visit was also attended by Town of Southold representatives Jill Dougherty, Peggy Dickerson, Heather Cusack and Mark Terry., The email received from Lauren Standish requests information identifying the natural protective feature that was mapped and how the mapped feature relates to the State's Coastal Erosion Hazard Area (CEHA) regulations in respect to the review of a specific application (Robert F. Bombara- SCTM#54-4-19). As discussed on the site and in subsequent telephone conversations, the landward limit line of the natfiral protective feature area (a.k.a CEHA line) was mapped based on the determination that the primary dune was the most landward natural protective feature. North Sea Drive was built on a portion of this primary dune. During the initial mapping phase which occurred over twenty years ago and was concluded by public hearing, a decision was made to place the CEHA line along the north edge of North Sea Drive instead of continuing further landward to a point 25 feet from the landward toe. The Department encourages municipalities to ask questions about CEM related issues that assist in their ability in administering local CEM programs. The Department accomplishes this through training, community assessment visits (CAV's), email, correspondence, and by conversations with staff. However, the Department usually does not review a specific application that is under review by a local authority in order to allow for a municipality to independently perform such a review internally. In regard to the application provided, I assume that this is a specific application that the Town is currently reviewing. The limited information that has been provided to the Department indicated that there were two lots with proposals for new construction. One lot had an existing house on it and one lot was vacant. There are a number of different scenarios of how the regulations would be applied which all depend on the specific limitations of each lot (such as lot size and configuration) and what exactly is being proposed. Assuming only 6 NYCRR Part 505 regulations are in place (Southold's local law should be at least, as restrictive) any new construction resulting in 25% or greater of an increase in existing footprint is prohibited. In other words, if the proposed ground coverage of structure is to be expanded by 25% or greater than the ground coverage of the existing structure (on the date CEHA regulations became effective in S outhold, 6/20/1991), then the proposed construction would be considered a prohibited activity. If the proposed ground coverage, including all other additions since the promulgation of CEHA regulations in the Town is less than 25% of the original existing structure footprint, then the Town could consider issuing a permit for the proposal under its local CEM program. Before a permit could be issued, the Town would have to review the proposal by applying permit issuance standards [Southold, § 111-9. Issuance of permit.] and assm'e that the proposal will meet all of them. Those standards require that the proposed regulated activity: A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location. B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations. C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources. After applying permit issuance standards to a proposal, it is possible that the regulated activity could be denied or only allowed in a more landward location (for example: out of the crest of the dune and placed behind the landward toe) in order to satisfy all of the standards. In the area of North Sea Drive, a main consideration would be to keep development as landward as possible and out of the crest of the dune since the road limits any further landward location. Any demolition and reconstruction of existing structure is considered new construction. New construction is prohibited in natural protective feature areas. Also, as previously mentioned, additions resulting in an increase in ground coverage 25% or greater fire also prohibited and could only be approved by meeting all variance requirements, [Southold, § 111-20. Variances from standards and restrictions]. When applying for a variance, an applicant needs to' · provide a description of the unnecessary hardship or practical difficulty as well as arguments for how the proposal will meet all of the variance requirements which are listed below: A. No reasonable, prudent, alternative site is available; All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense; The development will be reasonably safe from flood and erosion damage; The variance requested is the minimum necessa~ to overcome the practical difficulty or hardship which was the basis for the requested variance; Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. Some of this information has already been supplied in a letter that was mailed to Heather Cusack on December 12, 2007. I'm forwarding to you that letter again (attached) for the purpose of providing additional information on this topic. If you have any questions regarding this matter or coastal erosion management, please contact me at 51 g-402-8147. Sincerely, Robert McDonough Environmental Program Specialist Coastal Erosion Management Section Enclosures c. w/Enc: Jill Doherty, Vice-President, Board of Trustees, Town of Southold Peggy A. Dickerson, Trustee, Board of Trustees, Town of Southold Dave Bergen, Trustee, Board of Trustees, Town of Southold Bob Ghosio, Jr., Trustee, Board of Trustees, Town of Southold Lauren Standish, Secretarial Assistant, Board of Trustees, Town of Southold Elizabeth Cantrell, Clerk, Board of Trustees, Town of Southold Eric Star, NYSDEC Region 1 CEM Representative Standish, Lauren From: Sent: To: Subject: Standish, Lauren Tuesday, April 08, 2008 10:05 AM 'rsmcdono@gw.dec.state.ny.us' Application of Robed F. Bombara- SCTM#54-4-19 Good morning, With regard to the above-referenced, the Board of Trustees sent you letter on 10/17/07 requesting you to identify the natural protective features and how your findings relate to the current regulations under the States CEHA program. To date we have not received a written reponse from you. We would appreciate it if you could provide our office with your written reponse as soon as possible. Please contact our office (765-1892) if you have any questions and/or would like to speak directly with a Trustee. Thank you. Lauren Standish, Secretarial Assistant Board of Trustees Live Search Maps Page 1 of 1 tFor the best ooss~ble print results, C.CK me pdnter icon on the Live Search Maps page. http://maps live.corn/ 5/29/2008 Live Search Maps I For the best possible results, click the printer icon on the Live Search Maps print page. Page 1 of 1 Print - Maps Page 1 of I Live Search Maps My Notes NEW! Try Live gearch 411 Di~l 1-800-CALL-411 for latest info http://maps.live.com/print,aspx?mkt=en-us&z-- 1 &s=b&cp=qvcrh28ywb0d&pt=pb 5/29/2008 Print - Maps Page 1 of 1 Live Search Maps My Notes NEW! Try Live Search 411 Di,sl 1-800-£ALL-411 for latest info http://maps.live.com/print.aspx?mkt=en- us&z--2&s=b&cp=qvcdzd8yw378&pt=pb 5/29/2008 Standish, Lauren From: Sent: To: Cc: Cusack, Heather Monday, September 24, 2007 2:33 PM Standish, Lauren; jilld927@optonline.net; Peggy Dickerson; David Bergen; bob@burts.com Terry, Mark; Comoran, Kieran Subject: Bombara Rob McDonough got back to me with some more information- Currently he is available on Oct. 17 or 18th to meet at the site; he has several site visits to make, but if he hears back soon he will set up the Southold one when those available want to meet with him there- His email address is ~cd~no@gw.dec.stat_(~ Oy,.~ His phone number is 518-402-8147 His title is Environmental Program Specialist, he is in the Division of Water, in Albany. 4/8/2008 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: ~)/~t0q Youn§ & Young on behalf of ROBERI G. BOMBARA requests a Wetland Permit and Coastal Erosion Permit to construct a single-family dwelling, detached §arage, pool and associated water supply and sewage disposal system. Located: 1725 North Sea Dr., Southold. SGTM#544-19 MEET WITH PETER DANOWSKI Type of area to be impacted: Saltwater Wetland Freshwater WetlandVSound Bay Distance of proposed work to edge of above: P~hapTOWn Code_~ reposed work falls under: t.275 Chapt. 111 other 4oastal Erosion __Amendment __Administrative Type of Application: __ Wetland __ __Emergency Pre-Submission __Violation Info needed: -~> [oi~l~l ,/. t,,J-~2e~-- ' ! Modifications: Conditions: Pretsent Were: '~J.King ZDoherty ~/P.Dickerson Y D. Bergen B. Ghosio, Jr ~/_H. Cusac~-- D.D~enkowski ~MarkTerry other -- Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review Telephone (631) 765-1892 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 At the meeting of the Southold Town Conservation Advisory Council held Wed., August 15, 2007, the following recommendation was made: ROBERT G. BOMBARA to construct a single-family dwelling, detached garage, pool and associated water supply and sewage disposal system. Located: 1725 North Sea Dr., Southold. SCTM#54-4-19 Inspected by: Peter Young Due to the location of the Coastal Erosion Hazard Line being landward of all proposed activity, a full review of the application cannot be conducted at this time. PHOTO NO. 1 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:26A,M PHOTO NO. 2 ROBERT G, BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A,M, PHOTO NO. 3 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:27A.M. Board of Tl'~stees PHOTO NO. 4 ROBERTG, BOMBARA ATSOUTHOLD, WO SOUTHOLD, NEW YORK OCTOBER13,2006 8:27A.M. PHOTO NO. 5 ROBERT G, BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:29A,M. PHOTO NO. 6 ROBERTG. BOMBARA ATSOUTHOLD,~O SOUTHOLD, NEW YORK OCTOBER13,2006 8:29A,M, To: From: Date: OFFICE LOCATION.'~ Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees LOCAL WATERFRONT REVITALLZATION PROGRAM TOWN OF SOUTHOLD 0(01CT-- 26 Mark Terry and Scott Hilary, LWRP Coordinators [ k October I, 2008 (REVISED from Proposed Coastal Erosion and Wetland Permit ROBERT G. BOMBARA SCTM#54-4-19 Young & Young on behalf of ROBERT G. BOMBARA requests a Wetland Permit & Coastal Erosion Permit to construct a single-family dwelling, detached garage, swimming pool and associated water supply and sewage disposal facilities. Located: 1725 North Sea Dr., Southold. SCTM#54-4-19 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 us, it is our recommendation that the proposed actions are INCONSISTENT with the denoted following Town of Southold LWRP policy standards and NOT IN COMPLIANCE with Chapter 275, WETLANDS AND SHORELINE and Chapter 111, COASTAL EROSION HAZARD AREAS. Therefore, the actions are INCONSISTENT with the LWRP. The purpose of Chapter 275~ WETLANDS AND SHORELINE is to regulate wetlands in order to maintain and contribute to the following resource area values and the attributes and functions they posses: flood control~ erosion and sediment control~ storm damage prevention and water pollution control. In addition~ the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas~ prevention of damage to structures and natural resources as a result of erosionl protection of coastal ecosystems, minimizing the impact of new development~ restoration and/or expansion on the resource area values listed above. § 275-3 Findings; purpose; jurisdiction; setbacks. B. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of SouthoM the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and dock~ for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of SouthoM is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of · erosion; improvement of wat~t~guality; protection and enhancement of ed~ti!ng vegetation cover in order to maintain water quality and wildlife habitat: ]~ection of wildlife, waterfowl, and plant.tat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The purpose of Chapter li1T COASTAL EROSION HAZARD AREAS is to regulate~ in coastal areas~ land use and development activities so as to minimize or prevent damage or destruction to man-made property~ natural protective features and other natural resources and to protect human life. In addition~ the purpose of Chapter 111 is to regulate new construction or placement of structures in order to place them a safe distance from coastal hazard areas. § 111-4. Purpose. The Town of SouthoM hereby assumes the responsibility and authority to implemenl and administer a Coastal Erosion Management Program within its jurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to: Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources. Regulate, in coastal areas subject to coastal flooding and erosion, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protectivefeatures and other natural resources and to protect human life. C. Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources. Restrict public investmenl in services, facilities or activities' which are likely to encourage new permanent development in erosion hazard areas. Regulate the construction of erosion protection structures in coastal areas subject lo serious erosion to assure that when the construction of erosion protection structures is justified, the& construction and operation will minimize or prevent damage or destruction to man-made property, private and publ& property, natural protective features and other natural resources. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards'. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed actions do not have a functional relationship to coastal waters and therefore is not a water-dependent use pursuant to § 275-2. § 275-2 Definitions; word usage. WATER-DEPENDENT USES -- An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat- building facilities, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of c~ng or processing water and which cannoti~onably be located or operated at an inland site, and uses which primarily pr~ genera/public access to marine or tidal~lters. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. The proposed actions are located entirely within the coastal erosion hazard area and the primary dune, a natural protective feature. A primary dune is defined in § 111-6 Definitions as a natural protective feature. NATURAL PROTECTIVE FEATURE -- .4 nearshore area, beach, bluff, primary dune, secondary dune or marsh and lheir vegetation. PR1MARY DUNE -- The most waterward major dune where there are iwo or more parallel dunes within a coastal area. Where there is only one dune present, it is the "primary" one. Occasionally one or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be part of the "primary dune"for the purposes of this chapter. The waterward limit ofa primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25feet landward of its landward toe. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. A site visit of the property of Robert G. Bombara SCTM#54-4-19 was conducted on October 17, 2007. In attendance at the site visit among others~ were representatives of the Town of Southold Board of Trustees, LWRP Coordinator Mark Terry and NYS DEC's Environment Program Specialist Robert McDonough~ which confirmed that the proposed actions are entirely located seaward of the CEHA line and within a primary dune (*see attached letter referencing the same, dated April 15~ 2008~ signed by Robert McDonough~ Environmental Program Specialist-Coastal Erosion Management Section*). 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. .4. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Natural protective features area nearshore areas, beaches, danes, bluffs, and wetlands and associated natural vegetation. The natural protective feature area as defined in § 111-6 Definitions is a land and/or water area containing natural protective features such as a primary dune. NATURAL PROTECTIVE FEATURE AREA -- .4 land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afJbrded other lands' against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes. New construction is prohibited in natural protective feature areas (primary dune). Only nonmaior additions to existing structures are allowed on primary dunes pursuant to § 111-13. § 111-13. Dune area. Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value ia' especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance ora supply of nourishment sand to the dunes. The following restrictions apply to regulated activities in dune areas: A. In primary dune arel~ (D Excavating, grading or mining of primary dunes is prohibited (2) Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a coastal erosion management permit. (3) All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore, a dune or dune area. Active bird nesting and breeding areas must not be disturbed, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department. (5) Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune. (6) Stone revetments' or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes and musl not interfere with the exchange of sand between primary dunes and lheir fronting beaches. The distance from the proposed actions to the natural protective feature {primao, dune) is 0 feet~ a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findiugs~ purposel [urisdiction; setbacks. Please require that the applicant amend the application to meet the above policies to the greatest extent practicable~ minimizing damage or destruction to man-made propert3h natural protective features and other natural resources and to protect human life. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 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. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; D. Setbacks. 1 ) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland bonndary. [1] Residence: 100 feet. If the A~encv, Town of Sout~ld Board of Trustees makes a contrary ~[~rmination of consistency, the A~,encv shall elaborate in wr~hng the ba~.-~l its disagreement w~th their recomm.~L,ons Pursuant to Chapter 268 Waterfrout Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determinalion of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. 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: Kieran Corcoran, Assistant Town Attorney Lori Hulse, Assistant Town Attorney To: From: Date: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees Mark Terry and Scott Hilary, LWRP Coordinators September 23, 2008 (REVISED from LWRP review dated 1 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 }vember 1~5, 200~}! _~ Re: Proposed Coastal Erosion and Wetland Permit ROBERT G. BOMBARA SCTM#54-4-19 Young & Young on behalf of ROBERT G. BOMBARA requests a Wetland Permit & Coastal Erosion Permit to construct a single-family dwelling, detached garage, swimming pool and associated water supply and sewage disposal facilities. Located: 1725 North Sea Dr., Southold. SCTM#54-4-19 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 us, it is our recommendation that the proposed actions are INCONSISTENT with the denoted following Town of Southold LWRP policy standards and NOT IN COMPLIANCE with Chapter 111, COASTAL EROSION HAZARD AREAS. Therefore, the actions are INCONSISTENT with the LWRP. The purpose of Chapter li1T COASTAL EROSION HAZARD AREAS is to regulate~ in coastal areas~ land use and development activities so as to minimize or prevent damage or destruction to man-made property~ natural protective features and other natural resources and to protect human life. Further~ the purpose of Chapter 111 is to regulate new construction or placement of structures in order to place them a safe distance from coastal hazard areas. § 111-4. Purpose. The Town of SouthoM hereby assumes the responsibility and authority to implement and administer a Coastal Erosion Management Program within its jurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to: Establish standards and procedures for minimizing and prevenling damage to structures from coastal flooding and erosion and to protect natural prolectivefeatures and other natural resources. Regulate, in coastal areas subject to coastal flooding and erosion, htnd use and development activities so as to minimize or prevent damage or destruction to man-made properO~, natural protectivefeatures and other natural resources and to protect human life. C. Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or :lamaged due to improper sitin~l~ well as to prevent damage to natural pr~tive features and other natural resources. ~ Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas. Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure lhat when the construction of erosion protection structures is justified, their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features and other natural resources. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazar&. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed actions do not have a functional relationship to coastal waters and therefore is not a water-dependent use pursuant to § 275-2. § 275-2 Definitions; word usage. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires' direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat- building facilities, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. The proposed actions are located entirely within the coastal erosion hazard area and the primary dune~ a natural protective feature. A primary dune is defined in § 111-6 Definitions as a natural protective feature. NATURAL PROTECTIVE FEATURE-- A nearshore area, beach, bluJJj primary dune, secondary dune or marsh and their vegetation. PRIMARY DUNE -- The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, it is the "primary" one. Occasionally one or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be part of the "primary dune"for the purposes' of this chapter. The waterward limit of a primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25feet landward of its landward toe. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. A site visit of the property of Robert G. Bombara SCTM#54-4-19 was conducted on October 17~ 2007. In attendance at the site visit among others~ were representatives of the Town of Southold Board of Trustees~ LWRP Coordinator Mark Terry and NYS DEC's Environment Program Specialist Robert McDonough~ which confirmed that the proposed actions are entirely located seaward of the CEHA line and within a primary dune (*see attached letter referencing the same, dated Al~ril 15, 2008, si~,ned by--bert McDonough, Environmental Proo~ Specialist-Coastal Erosion Manage~nent Section*). 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. A. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Natural protective features area nearshore areas, beaches, dunes, bluff3', and wetlands and associated natural vegetation. The natural protective feature area as defined in § 111-6 Definitions is a land and/or water area containing natural protective features such as a primary dune. NATURAL PROTECTIVE FEATURE AREA -- A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower the reserve of sand or other natural materials' available to replenish storm losses through natural processes. New construction is prohibited in natural protective feature areas (primary dune). Only nonma!or additions to existing structures are allowed on primary dunes pursuant to § 111-13. § 111-13. Dune area. Dunes prevenl overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because dunes often protect some of the most biologically productive areas as' well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance ora supply of nourishment sand to the dunes. The following restrictions apply to regulated activities in dune areas: In primary dune areas: (1) Excavating, grading or mining of primary dunes is prohibited. Clean sand ora compatible type and size is' the only material which may be deposited. Any deposition requires' a coas'tal erosion management permit. All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore, a dune or dune area. Active bird nesting and breeding areas must not be disturbed, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department. Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune. Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the walerward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. · The distance from thee ro osed acti .* tothe natural orotective feature (orinmo/dune) is 0 feet: a minimum setbac~k ~ feet is re uired urs risdiction;, setbacks. Please re uq_q~. that the applicant amend the application to meet the above policies to the greatest extent practicable~ minimizin? damage or destruction to man-made propert~ natural protective features and other natural resources and to protect human life. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. 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. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; D. Setbacks. l) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. If the Agency~ Town of Southold Board of Trustees makes a contrary determination of consistency~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. IZ In lhe event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. 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: Kieran Corcoran, Assistant Town Attorney Lori Hulse, Assistant Town Attorney JOHN R TAGGAR~ ESQ. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX(631) 727-7451 September 29, 2008 Southold Town Board of Trustees P.O. Box 1179 Town Hall Annex, 54375 Route 25 Southold, NY 11971-0959 OCT Dear Sir or Madam: t_---~ ;..~ ,' Please be advised that I no longer have a post office box. Please send all future correspondence to Thank you. Peter S. Danowski, Jr., Esq. 616 Roanoke Ave. Riverhead, NY 11901 Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse s~that we can return the card to you. · At~ach this card to the back of the mailplece orrn the front f space permits. 1. Article Addressed to: Irene C. Vitti P.O. Box 1337 Southold, NY 11971 D. Is delive~ address different from item I? [] Yes If YES, enter delivery address below; [] No 2. Arth:le Number ('r,'~r~mse,w~,l~.~l) 7006 2150 0003 4721 ~5855 PS Form 3811, February 2004 Domestic Return Receipt 3. Service Type aa Certified Mall r'l Express Mail [] Registered ~1 Return Recalpt for Merchandbe [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Paul and Deborah Belica 129 Kilburn Rd. Garden City, NY 11539 If YES, enter delivery address below: 1'3 No 2. Article Number (Transfer from serv/ce labe/) PS Form 3811, February 2004 Domestic Return Receipt 3. Service Type ~ Certmed Mal~ n Express Malt [] Registered [] Return Receipt for Merchandise i"l Insured Malt r-1 C.O.D. 4. Restricted Delivery? ~J~ra Fee) i-I Yes 7006 2150 0003 472! 5~562 John and P.O. Box i844 Sou~ld~ Ny 11 ~ No 2.~Nu~ 7006 2150 0003 4721 8893 ~ []~ · Complete Items 1,2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, Carl F.~ and Julie H. Scheuermann 31 Seaward Lane Stony Brook, NY 11790 D. Is dellvey address d;fferent from Item 17 If YES, ente~ delNe~ address [] ~ M~I n C.O.D. 4. Restricted Deliver? (Ex~a F~e) [] Yes 2. Artk~e Number ~ 7006 21 PS ~orm O~ff?l ,'Au0O~:fd01~ ~ ~ DomeStic ~ R~ipt ~ ...... James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ......... .................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Peter S. Danowski,J,rmsidingat 1625 Monsell Lane, Cutchogue, NY 11934 being duly sworn, depose and say: That on the 6thlay of Oct. ,200 q I personally posted the property known as 1725 North Sea Drive, Southold, NY 11971 (SCTM #1000 - 54 04 - 19) 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 heating. Date of hearing noted thereon to be held Oct Oq O flO~'t ~.'OOr't,, , Dated: October /~', 2008 /<5~ om to before me this dayof Oct200 8 Notary Public PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Carl F. and Julie Scheuermann Irene C. Vitti Paul and Deborah Belica John and Ivanka Kerincic Address: 31 Seaward Lane, Stony Brook, NY 11790 P.O. Box 1337, Southold, NY 11971 129 Kilburn Rd., Garden City, NY 11539 P.O. Box 1844, Southold, NY 11971 STATE OFNEW YORK COUNTY OF SUFFOLK Gail S. Goss , residing at 8 Head of Cove Rd.r Hampton Bays, NY 1 I 946 , being duly sworn, deposes and says that on the 6 th day of October ,20 08, deponent mailed a tree copy of the Notice ~et forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there 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 Riverhead, NY , that said Notices were mailed to each of said persons by (certified) (~&)mail. //~,.,, o/~~L'· Gail S.' Goss Sworn to before me this 6th Dayof October ,20 08 Notary Public ELIZABETH A.FALLON ~ PU~i~, State of .N_ew Yod( No. 01FA5069361 ,~010 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bombara SCTM# 1000 54 - 4 - 19 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 a single-family dwelling, detached garage, pool and associated water supply and sewage disposal facilties. 2. That the property which is the subject of Enviromnental Review is located adjacent to your property and is described as follows: North Sea Drive, approx. 1,675' East of Kenney's Road (adjacent to LIL Pole #14). 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: (~(21~ I.%'', ~0Og . 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. OWNERS NAME: Robert G. Bombara MAILING ADDRESS: 98-16 163rd Ave., Howard Beach, New York 11414 PHONE#: 71R-gaq-a?Rq Enc: Copy of sketch or plan showing proposal for your convenience. Cerlified Eee Return Receipt Fee (EndorSement Requimq) (Endorsement Required) ~oo ~x Certified Fee m D Return Receipt Fee (Er~dersement Required) Restricted Delivery Fee ~ (Endorsement Required) U3 Total Postage & Fees rlJ ~ [$'"~°aul and DebQE~h_ ~3~lica ..................... ~F~-~£ -~-E ~Zf,r ................ , ........ ~ ~%~.~.~ !3.~ ~.~.~...M.~ ....... Ci~ S~te, ZiP+ ....................... Garden City, NY 11539 '~[re~t, Apt. No,; ZIP+4 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: Scott Hilary, Planner Planning Board James F. King, President (' ~..~' Board of Trustees DATE: May 8, 2008 RE: Robert Bombara SCTM#54-4-19 The above-referenced applicant has applied to the Board of Trustees for a Wetland Permit & Coastal Erosion Permit to construct a single-family dwelling, garage, pool, and associated water supply and sewage disposal system. Before our Board makes a determination, we request you conduct an environmental review of the property and provide us with a written response. Thank you very much for your assistance. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 October 17, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert McDonough New York State Department of Environmental Conservation Division of Water, 4th Floor 625 Broadway Albany, New York 12233-3500 Re: 1725 North Sea Drive, Southold SCTM# 54-4-19 Dear Mr. McDonough: The Board of Trustees is currently reviewing the above referenced property that has been mapped in the CEHA program. The Coastal Erosion Hazard line is located in the street of North Sea Drive, Southold. Could you please identify the natural protective features on the above referenced property? Could you also define how your findings relate to the current regulations under the States CEHA program. Thank you for your assistance. Very Truly Yours, James F. King, President Board of Trustees Cc: Eric Star, NYSDEC, Environmental Program Specialist Kieran Corcoran, Assistant Town Attorney JFK/hc James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971~0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Heather Cusack, Environmental Technician Jill M. Doherty, Vice-President~ Board of Trustees ~ August 22, 2007 ~ APPLICATION OF ROBERTG. BOMBARA 1725NORTH SEA DR.,SOUTHOLD SCTM#54~-19 As you are aware, Robert Bombara has applied to the Board of Trustees for a Wetland Permit & Coastal Erosion Permit to construct a single-family dwelling, detached garage, pool, and associated water supply and sewage disposal system. Before our Board makes a determination, we request you conduct a full wetland evaluation of the property, including all natural protective feature areas, ie. nearshore area, beach, dune, bluff, and wetlands. Thank you in advance for your assistance. To: Jim King, President Town of Southold Board of Tmstees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 20, 2007 Proposed Coastal Erosion and Wetland Permit ROBERT G. BOMBARA SCTM#54-4-19 ROBERT G. BOMBARA requests a Wetland Permit and Coastal Erosion Permit to construct a single-family dwelling, detached garage, pool and associated water supply and sewage disposal system. Located: 1725 North Sea Dr., Southold. SCTM#54-4-19 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. / c. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. A. No development is permiaed in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Natural protective features are nearshore areas, beaches, dunes, bluffs, and wetlands and associated natural vegetation. The proposed action is located seaward of the Coastal Erosion Hazard Line and seaward of the limit of the "Beach" as defined by Chapters 111 and 275 of the Town of Southold Town Code. BEACH -- The zone of unconsolidated earth that extends landward from the mean low-water line to the waterward toe of a dune or bluff, whichever is most waterward. Where no dune or bluff exists landward of a beach, the landward limit ora beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most waterward. Shorelands sub[ect to seasonal or more frequent overwash or inundation are considered to be "beaches." Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance from the house and pool to the natural protective feature (beach) is 0 feet; a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Further, the proposed action is not permitted pursuant to Chapter § 111-12. § 111-12. Beach area. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are Iow or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation. The following restrictions apply to regulated activities in beach areas: A. Excavating~ grading or mining which diminishes the erosion protection afforded by beaches is prohibited. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit~ which may be issued only for expansion or stabilization of beaches. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activi~ approved, in writing, by the Department. D. All development is prohibited on beaches unless specifically provided for by this chapter Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ~ Coastal Erosion Permit Application -XrWefland Permit Application __Amendment/Transfer/Extension ,'~Received Applicatioll;__.~'-~ ~/~ I -7~ec¢ived Fee:$ ~'~'~0~) ~-Gompleted Applicatio~n~_ Incomplete SEQRA Classification: Type I. Type II Unlisted Coordination:(date sent) __---'-I,WRP Consistency Assessment Form '-)1 --~AC Referral Sent: ~-) Ilf[l ~___~l~te of Inspection: lltt ~ __Receipt of CAC Report: __Lead Agency Determination: __Technical Review: ~Public Hearing Held: ~i~3~ '~F Resolution: ' Office Use Only __ Administrative Permit Name of Applicant Robert G. Bombara Address 98-16 163rd Avenue, Howard Beach, New York 11414 Phone Number:( ) 718-845-4283 Suffolk County Tax Map Number: I000 - 54-4-19 Property Location:~ North Sea Drive, approx. 1,675' east of Kenney's Road (adjacent to LIL Pole #14) ~rovide LILCO Pole #,distanceto crossstreets, andlocmion) AGENT: Young & Young Attn: Thomas C. Wolpert, P.E. (Ifapplicable) Address: 400 Ostrander Avenue, Riverhead, New York 11901 Phone: 631-727-2303 Land Area (in square feet): Area Zoning:_ R-40 GENERAL DATA 24,879 sq. ft. or 0.6 acre Previous use of property: Vacant Intended use of property: Single Family Residence Prior permits/approvals for site improvements: Agency Date x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct one single family residence, detached garage, pool and associated water supply and sewage disposal facilities. ~ ~ ~z~usuees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To construct one (1) single family residence, garage and pool. Are wetlands present within 100 feet of the proposed activity? x No Yes Does the project involve excavation or filling? No x Yes + If Yes, how much material will be excavated? 600 - (cubic yards) How much material will be filled? 600 + (cubic yards) Manner in which material will be removed or deposited: A backhoe will be used to excavate for construction of the footings, foundations, and pool and also used to grade the construction site. Describe the nature and extent of the environmental impacts reasonably anticipated from implementation of the project as proposed. (Use attachments if necessary) The proposed operations will not have an effect on the tidal resulting waters of the Town. ~ vA ~u~u~es app±lcation WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area of wetlands on lot: 0 square feet + Percent coverage of lot: 13.0 - % Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between n+earest proposed structure and upland edge of wetlands: 103 - feet Does the project involve excavation or filling? No X Yes If yes, how much mater/al will be excavated? 600 -+ cubic yards + How much material will be filled? 600 - cubic yards Depth of which material will be removed or deposited: 6 + feet Proposed slope throughout the area of operations: 2% Manner in which material will be removed or deposited: to excavate for construction of the footings, foundations and pool A backhoe will be used and also used to grade the construction site. 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 proposed operations will not have an effect on the tidal waters of the Town. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bombara SCTM# 1000-54-4-19 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 one (1) single family residence, garage, and pool. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: . 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. O WNERSNAME: Robert G. Bombara MAILING ADDRESS: 98-16 163rd Avenue Howard Beach, New York 11414 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER PART1-PROJECTINFORMATION 1.APPLICANT/SPONSOR Robert G. Bombara 3.PROJECT LOCATION: Southold, T/O Southold Municipalil7 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME Robert G. Bombara ICoumy Suffolk SEQR 4. PRECISE LOCATION: S~eet Addess and Road Intersections. Prominent landmarks etc -or provide man Refer to Building Permit Survey 5. IS PROPOSED ACTION: [] New [] Expansion []Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: donstruct one (1) single family residence, garage, and pool. 7. AMOUNT OF LAND AFFECTED: Initially 0°6 acres Ultimately · 0°6 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [] No If no, describe briefly: 9~ WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) lO, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [] [] NYSDEC - Tidal Wetlands Yes No If yes, list agency name and permit / approval: SCDHS - Water Supply & Sewage Disposal 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~JYes J--~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Thomas C. Wolpert, P.E., Agent for Applicant Date: Signature ~"~'~ ~! ~.~~ _ May 30, 2007 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen [lob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ...... 2 o_ ..................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, '7"j30mt2~ ~, W0//~4~,Presiding at C/O ~'/Ot,//).~ ~ ~0~_ 4oo being duly sworn, depose and say: That on the 7~day of ~0~ , 2007, I personally posted the prope~y ~o~ as by placing the Board of Trustees offal 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 heahng. Date of heating noted thereon to be held {I~. ~tt ~lx &4 ~. - . Dated: ~v~ &t /~007 Sworn to before me this day of;~t~?. 200 ¢ (signature) ' ANGELA A. MANGEL$ llotar/Public State of New Yodt No. 01MA6107044 Ouslifled In Suffolk County Commission Exl)ires Ma~ch 15,20.~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: W and G Associates Bertram Cooper Irene C. Vitti Carl F. and Julie H. Scheuermann Address: 1 Rockefeller Plaza New York, NY 10020 2080 Town Harbor Lane Southold, NY 11971 11805 Soundview Ave. Southold, NY 11971 31 Seaward Lane Stony Brook, NY 11790 STATE OF NEW YORK COUNTY OF SUFFOLK Elizabeth A. F ,residingat k0 Long Pond Road, Ridge, NY ., being duly sworn, deposes and says that on the 'l ~vh day of Au ustgg~, 20 07, 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 there 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 Riverhead, NY _, that said Notices were mailed to each of said persons by (certified) (ml!imall~ mail. Elizabeth A. Fallon Sworn to before me this 22nd Day of August ., 20 07 Notary Public NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bombara SCTM# YOU ARE HEREBY G1VEN NOTICE: l. 1000-54-4-19 That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct one (1) single family residence, garage, and pool. That the property which is the snbject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: _. August 22nd @ 6:00pmk. 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. OWNERS NAME: Robert G. Bombara MAILING ADDRESS: 98-16 163rd Avenue Howard Beach, New York -'11414 PHONE#: (718) 845-4283 Enc? Copy of sketch or plan showing proposal for your convenience. F C AL USE C. Vitti OFF C AL USE $5'.'7? t~[°t r am Cooper ................................................... ~'~:~:"-'~5'~'~"?'5'~n Harbor Lane ~;-~-~ ..................................................................... /s°uth°ld' NY I1971 C AL USE Postage Here $ s. 77 F. & Julie H. Scheuermann · Complete items 1, 2, and 3. Aisc complete item 4 If Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the Pack of the mailplsoe, or on the.~'ont if space permits. 1. Axtic~ Addmsse~ to: Irene C. Vitti 11805 Soundview Avenue Southold, NY 11971 B. Received by ( Pr/nted D. Is dethm~y edd~ess dlffe If YES, enter delive~J aC 2. A~flcle Number (Transfer from sew~-e mb PS Form 3811, February 2004 7005 1820 0000 6008 1558 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attac]/t this card to the back of the mallpiece, or ~/~the front if space permits. 1. A~cle Addressed to: Carl F. and Julie H. 31 Seaward Lane Stony Brook, NY 11790 [] Agent n Addressee ). is deiivery eddmSS different fn3m item 1 ? ~f YES, enter delivery address below: [] No li Service Type i~ Certified Malt [] Express Mail [] Registered [] Return Receipt for Merchandise F'I Insured Mail f-1 C.O.D. · F~stricted Delivery? (Extra Fee) [] yes 7005 1820 0000 6008 1794 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name end address on the reverse so~het we can return the card to you. · Attach this card to the pack of the mailpiece, or t the .front if space permits. 1. ArUde Addressed to: Bertram Cooper 2080 Town Harbor Lane Southold, NY 11971 enter deliver "-,. U~ 3. Service Type ~'1 Certified Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~a Fee) [] Yes 2. Article Number ffmns~er from sea,/ce mbe~ 7005 1820 0000 6006 1534 PS Form 3811, February 2004 Domestic Return Receipt 102595-C2-M-1540 eoard of Trustees Applicati6n County of $trffe~ State of New York Robert G. Bombara BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATE1VIENTS 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), 1F 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. Signature SWORN TO BEFORE ME THIS /~7'// DAY OF /~Z ,20a:~ JOSEPH EDWARD BRADY Notary Public, State of New York No. 02BR5418800 Qualified in Queens County t0 Commission Expires August 31, 20_/_ of Trustees Applicatio~ AU~SHORI ZA~/ON (where the applicant is not the owner) I, Robert G. Bombara (print owner of property) residing at 98-16 163rd Avenue, (mailing address) Howard Beach, New York 11414 Attn: Thomas C. Wolpert, P.E. do hereby authorize Young & Young (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The T ..... own of Southold s Code of Eth cs vmhlb ts confl ets of arterest on the Dart of town officom and eton ovees. The numose of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Bombara, Robert G. (Last name, first name,iniddle 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 partnemhip, in which the town officer or employee has even a partial ownemhip 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 ofpemon employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicanffagent/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 (cheek all that apply): __rio the oyvner of greater than 5% of the shares of the corporate stock of the applic0nt (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 &the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 · 'i ' ~ Print Name/"Robert G. Bombara 2007 A. INSTRUCTIONS 9RP CONSISTENCY ASSESSMENT ~ oRM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard~ired. 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 significa~,l 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 ~. 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 ' website (southoldtown.northfork.n,e_t), the Board of Trustee~ ~'~i local libraries and the Town Clerk s office. ~ ~ B. DESCRIPTION OF SITE AND PROPOSED ACTiON JUL 18 2007 ii-.~. SCTM# 1000 54 4 - 19 Southold Town PROJECT NAME Robert G. Bombara - Proposed Constructic ~f ' --~-~ --~y Dweiiin~l, The Application has been submitted to (check appropriate response): Pool & C~rage Towu oard [] lanning oard B.iU pt. oa domnstces 1. 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 one (1) single family residence, detached garage, pool and associated water supply and sewage disposal facilities. Location of action: /Drive, approx. 1,675 ' Site acreage:. 24,879 sq. ft. or 0.6 acres Kenney's Road (adjacent to LIL Pole #14) Present land use: Vacant Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Robert G. Bomb~ra (b) Mailing address: 98-16 163rd Avenue Howard Beach, New York 11414 (c) Telephone number: Area Code ( ) 718-845-4283 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ Noir] Ifyes, which state or federal agency? NYSDE - Tidal Wetlands Permit 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 All protJosed construction is situated r0~re than 40' landward of the landward limit of beach. The ~o~ed first floor of the dwelling is 13.10, in aonfornemce with FEMA requirements. 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 Reter to POII. Cy I rofiponse 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 Refer to Policy 1 response 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 Refer to Policy 1 response; p~oi~osed method of water supply is via connection to existing water main adjacent to piu[~erty. 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 A~cable Refar to Policy Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - 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 usc 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 WUK~ENG COAST POLICI~ Policy 10. Protect Southold's ,, ater-dependent uses and promote sitoag of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 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 necessmy 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 Thomas C. Wolpert, P.E. TITLE Agent for Applicant DATE Oct. 26, 2006 YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin ~youngengineering. com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect RONALD E. PFUHL, Landscape Architect DOUGLAS E. ADAMS, Professional Engineer Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 May 30, 2007 JUL - 6 2007 Southhold Town Board of Trunteel RE: ROBERT G. BOMBARA at Southold, T/O $outhold, New York (06-0320) Dear Members of the Board: Enclosed are the following items: 2. 3. 4. 5. 6. 7. 8. 10. one (1) - Southold Town Trustees Wetlands Application, one (1) - Notice to Adjacent Property Owner, one (1) - Short Environmental Assessment Form, one (1) - Applicant Affidavit, one (1) - Applicant Authorization Form, one (1) - Applicant Transactional Disclosure Form, one (1) color set - Photographs Nos. 1-6, seven (7) prints - Building Permit Survey - Alternate 1 dated February 9, 2007, seven (7) prints - Building Permit Survey - Alternate 2 dated February 9, 2007, and seven (7) prints - Building Permit Survey - Alternate 3 dated March 7, 2007. Kindly notify us of the amount of required application fee and we will forward same promptly to your office. Planning Engineering Land Surveying Architecture Page 2 May 30, 2007 If you have any questions, please contact us. TCW/mal Encl. CC: Mr. Robert G. Bombara Mr. Anthony Gugliotta Peter $. Danowski, ~lr., Esq. Very truly yours, Thomas C. Wolpert + Encl. + Encl. + Encl. JOHN R TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, ,.JR. 616 ROANOKE AVENUE RO. BOX 779 RIVERHEAD, NY 11901 (631) 727-4909 FAX(631) 727-7451 June 4, 2007 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold, New York 1971-0959 Re: Robert F. Bombara - 1725 North Sea Drive, Southold SCTM #1000 - 54 - 4 - 19 Dear Members of the Board: I submit enclosure letter from Thomas Wolpert of Young & Young. Additionally, I have made two (2) additional sets of the complete application, with attachments, as well as the LWRP Assessment Form. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED JUL ' 6 2007 Southhold Town Beard ef Trustees JOHN R TAGGART, ESQ, LAW OFFICES PETER S. DANOWSKI, ~JR. 616 ROANOKE AVENUE EO. BOX 779 RIVERHEAD. NY 11901 (631) 727-4900 FAX(631) 727-7451 July 17, 2007 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold, New York 1971-0959 Re: Robert F. Bombara - 1725 North Sea Drive, Southold $CTM #1000 - 54 - 4 - 19 Wetlands Application Dear Members of the Board: Enclosed find check to your order for $500.00 to cover the filing fee with regard to the above application. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: Robert F. Bombara Tom Wolpert / / / + '1.05 TEST HOLE e~,~ // / / / / AP4~A = 24~-~q ~(~. FT. · V~R. TIGAL DATUM = N.~.V. DA~H (H.D.L. · 5~ ~LOO~ IN~NGD ~A~ PANEL D~IO~G~ID4 ~ LAST DASD HAY 4, dU L - 6 2007 L.~ Southhold Town ~oard of 7r.stees Young & Young 400 Ostrar~der Ave~,'~e, ~iverhea~ New York 631-727-2303 Howard ~. Yo~, La~ T~ C. Folpert, ProfesSorial E~gi~eer Robert C. R~a~ ~. P~ L~eape A~chitect HEALTH DEPA~'r'I, dENT USE 11901 5UR, VEYOR'5 C, Ef~TIFIC, ATh YOUNG', N.¥.5. L.5. NO. 45/~c~ OIDEf T 5. At 5outholcl, Town ot' 5outhold 5uFFolk C, ount~J, New York 60unt~ Tox Hop District I000 Section 54 Block 04 Lot I~ MAP ?~C, bJ-E: 1"=4~' DIq& 0 Coastal Assessment Report Historical Shoreline Position Change at and Adjacent to the Bombara Property: 1725 North Sea Drive, Southold, New York October 2008 ? Prepared by: Applied Coastal Research and Engineering 766 Falmouth Road, Mashpee, MA Prepared for: Law Offices of Peter S. Danowski 6~6 Roanoke Avenue, Riverhead, NY Historical Shoreline Position Change at and Adjacent to the Bombara Property: 1725 North Sea Drive, Southold, New York The Boinbara Property at 1725 North Sea Drive, Southold, NY, is located approximately 3,500 feet south-southwest of Horton Point, or about 700 feet southwest of Horton Lane Beach (Figure 1). The property abuts a single-family dwelling to the south and undeveloped land to the north. According to the Town of Southold Tax Maps, the seaward edge of the propm~:y is located at the base of what appears to be the primary dune line illustrated on the 2007 imagery. Mr. Bombara has requested a permit to construct a single-family dwelling on the landwardmost lOO feet of the lot, an area consistent with the general location of all other single-family dwellings constructed and/or recently renovated along North Sea Drive. Figure 1. Map illustrating location of Bombara Property relative to Horton Point and Horton Lane Beach on the 2007 orthoimage~% Historical evolution of the beach at and adjacent to the Bombara Property is dependent upon the interaction between coastal geomorphology (beach, dune, and upland environments) and coastal processes responsible for transporting sand to and from beaches (wind, waves, and tides). The most coimnon means of evaluating long-term beach response to coastal processes is historical shoreline change analysis. The following discussion summarizes historical shoreline position change between 1884 and 2007 for the beach at and adjacent to the Bombara Property. As reference, each figure illustrating shoreline change contains property bounds from the Southold Tax Maps fur Mr. Bombara and adjacent property owners. Mr. Bonlbara's property is highlighted in blue on each shoreline change map, and the seaward extent of proposed construction on Mr. Bombara's property is shown with a dashed black line. Figure 2 encompasses the first 80 years of historical shoreline position change for the beach fronting the Bombara Property. The original mapped shoreline existed about 15o feet seaward of the 1964 shoreline and about 200 feet seaward of the ~933 shoreline. Historical storm records indicate that a nor'easter passed this area in January 1933, resulting in tbe landwardmost position of the high-water shoreline (April 1933) for the period of record. The 1933 shoreline was located about 75 feet seaward of the dashed line ~narking the extent of proposed construction on the Bombara Property. This represents the only time mapped historical shorelines encroached upon the Bombara Property for the mo-year period of record - all other mapped shorelines resided seaward of the property extent. Figure 3 documents shoreline position changes mapped between 1964 and 198o. Seaward of the Bombara Property, net change was dose to zero. However, nlapped shorelines during this 16- year period fluctuated about 30 feet. ~lq~e 198o shoreline existed about 35 feet seaward of the Bombara Property. Figure 4 illustrates changes recorded between 198o and 2004. Net shoreline recession is indicated, however, the 2007 imagery indicates position of the modern high-water shoreline to be near the location of the 198o shoreline. Although relatively little net change was recorded between 198o and 2007, variability in shoreline position for this 24-year period was again about 30 feet. As such, overall net shoreline change between 1964 and 2007 was about zero, indicating net stability for this 43-year period. Figure 5 documents shoreline position change between 1980 and 2004 relative to the 2004 orthoimagery. The purpose of this figure is to illustrate major changes that occurred to the single family dwelling that occupied the lot just south of the Horton Lane Beach parking area. The house just south of this lot also illustrates changes permitted by the Town and completed between 2004 and 20o7. The structure footprint requested by Mr. Bombara is far smaller than the structure completed just south of the parking lot, and it does not extend as far seaward. Overall, net change in shoreline position since 1955 has been approximately zero. This does not mean the shoreline did not moved during this time. However, it does suggest that regardless of variation in shoreline movement during this 52-year period, net shoreline location is generally unchanged. Furthermore, the variability in shoreline position recorded for this period does not encroach upon the footprint of the Bombara property, indicating that the Bombara Property is outside the 5o-year wave impact zone. Figure 2. Historical shoreline locations at and adjacent to the Bombara Property, 1884 to 1964, overlaying 2007 orthoimagery. The seaward extent of proposed construction is approximately 75 feet landward of the 1933 shoreline. 3 Figure 3. Historical shoreline locations at and adjacent to the Bombara Property, 1964 to 198o, overlaying 2007 orthoimagery. The seaward extent of proposed construction is approximately 135 feet landward of the 198o shoreline, indicating net beach accretion between 1933 and 198o. Figure 4. Historical shoreline locations at and adjacent to the Bombara Property, 198o to 2004, overlaying 9007 orthoimagery. The seaward extent of proposed construction is approximately lOO feet landward of the tandwardmost shoreline (1998), indicating variable beach change for this -o4-year period. 5 Figure 5. Historical shoreline locations at and adjacent to the Bombara Property, 198o to 2004, overlaying 2004 ol~hoimagery. Substantial changes in the structure footprint at the northernmost property are evident when comparing Figures 4 and 5- The proposed Bombara structure is landward of this point and of much smaller extent. Mark R. Byrnes, Ph.D. Principal Coastal Scientist, Applied Coastal Research and Engineering, Inc. Areas of Expertise Coastal change assessment Coastal and nearshore sediment transport Processes affecting land loss in coastal and estuarine environments Offshore sand resource evaluations Physical environmental impact assessments for coastal environments Impact of coastal structures on shoreline response GIS/mapping for coastal environments Numerical modeling of wave transformation and sh~ Education 1988 Ph.D., Oceanography, Old Dominion University 1978 B.A., Earth Science, Millersville University Expe~ence Board of Tr~,.~ Dr. Byrnes is a Principal Coastal Scientist at Applied Coastal Research and Engineering, Inc. (Applied Coastal). For the past 22 years, he has been a Principal Investigator/Program Manager on more than 65 coastal and nearshore process studies as a Research Scientist at the U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory (formerly the Coastal Engineering Research Center); Coastal Geology Section Chief for the Louisiana Geological Survey; Research Professor at the Coastal Studies Institute, Louisiana State University; Senior Coastal Scientist at Aubrey Consulting, Inc.; and Principal Coastal Scientist at Applied Coastal. The emphasis for most studies has been on regional coastal change and geomorphic evolution of nearshore sedimentary deposits (shoreline and bathymetric change), physical environmental impact assessments for coastal and estuarine environments, wave transformation and sediment transport, offshore sand resource assessments, sediment budget evaluations, shoreline restoration strategies, wetland loss delineation and classification, and geologic framework of coastal deposits. He has authored more than 90 publications in these research areas. Over the past 22 years, Dr. Byrnes has been responsible for managing and conducting numerous projects focused on coastal sedimentation processes and regional response of beaches, inlets, and estuaries to incident wave and current processes. Projects include Channel Dredging Impacts on Shoreline Response at and Adjacent to Main Pass, Mobile Bay Entrance, Alabama; Quantifying Regional Sediment Dynamics in Nearshore Environments: Historical Sediment Pathways, Lateral Inlet and Island Migration, and Detailed Sediment Budgets; Environmental Survey of Identified Sand Resource Sites Offshore Alabama, Central East Florida, North Carolina, New Jersey, and New York; Study of the Environmental Impacts of Offshore Sand Mining in Massachusetts Bay; Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Pipeline, Barataria Basin, Louisiana; Rockefeller Refuge Gulf Shoreline Stabilization: Coastal Geology and Processes Analyses; Assessment of Beach Response to a Segmented Breakwater System: Southwest Louisiana Coast; Sediment Budget Evaluation Using Historical Shoreline and Beach Profile Data: Western Town Line to Horton Point, Southold, NY; Feasibility of Barrier Shoreline Restoration in Coastal Louisiana-Coastal Geology, Geomorphology, and Physical Processes; Coastal Change Assessment for Brevard County, FL; Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment; Shoreline Change Assessment: Satellite Beach to Fort Pieme Inlet, Florida; Sediment Bypassing at 9/3/2008 Mark R. Byrnes 1 of 20 Structured Entrances and Geomorphic Change Modeling; Inlet Sediment Transport Patterns at Grays Harbor, WA and Development of an Entrance Sediment Budget; Regional Analysis of Sediment Transport and Dredged Material Disposal Patterns, Columbia River Mouth, Washington/Oregon, and Adjacent Shores; Inlets Online: A Tutorial of Interpreting Aerial Photography for the Analysis of Sediment Transport Patterns and Geomorphic Change at Entrances; and Geographic Information System Development for Evaluating Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture, Analysis, and Management. GIS/mapping tools and numerical modeling are integral components of the strategy used to address project objectives. State-of-knowledge compilation and analysis techniques form the basis for providing innovative strategies for addressing complex coastal environmental issues. Coastal Chanqe Assessment Since 1990, Dr. Byrnes has contracted with Federal agencies such as the U.S. Army Corps of Engineers (USACE), the U.S. Geological Survey (USGS), and the Federal Emergency Management Agency (FEMA) to develop state-of-science methods for compiling and analyzing historical hydrographic and shoreline surveys for quantifying change in the coastal zone. Detailed procedures were developed for compiling historical map data, where conversion from various cartographic parameters to a common coordinate system, map projection, ellipsoid, and datum are critical for accurately assessing change and associated potential measurement uncertainties. These data represent the most basic and useful information for evaluating local and regional sediment transport dynamics and their influence on coastal evolution. The USGS and MMS use hydrographic and shoreline surveys for basic and applied scientific research on sediment transport dynamics in the coastal zone. USACE uses shoreline data for calibrating numerical shoreline change models and for developing coastal structure design criteria. FEMA uses these data for determining setback criteria for coastal construction. Hydrographic surveys are used to quantify channel shoaling rates and supply bathymetric data for developing regional circulation and sediment transport numerical modeling grids. Dr. Byrnes also has applied these techniques in wetland environments for evaluating the impact pipelines have on wetland loss, including scour associated with pipeline landfall from offshore sites. Recently, Dr. Byrnes has applied these procedures for developing coastal change data sets in support of litigation, for which he has served as an expert witness. Offshore Sand Resource Evaluations Over the past 18 years, Dr. Byrnes has conducted offshore sand resource evaluations for determining the sedimentary characteristics of deposits and the associated potential environmental issues concerning sand mining on the Continental Shelf. The geographic extent of these studies ranges from coastal Louisiana to offshore Massachusetts. Dr. Byrnes' primary interest is with the geological development of offshore shoals and the physical environmental effects of dredging activities in altering fluid and sediment transport patterns at potential borrow sites and along shorelines landward of resource areas. Analyses rely on comparison of NOAA historical bathymetry and shoreline data sets and numerical modeling of wave transformation over variable bathymetry. Analysis results supply information for policy decisions regarding potential dredging effects and for development of impact reports required under the National Environmental Policy Act in support of potential lease agreements. Channel and Shoal Dynamics at inlets Since 1992, Dr. Byrnes has compiled and analyzed site-specific and regional bathymetric surveys to document the evolution of channels and shoals at entrances relative to navigation safety and environmental concerns. Many studies were funded under the USACE Inlets Research Program to address shoal migration and sedimentation processes in navigation channels and environmental considerations associated with maintenance dredging activities. Because 9/3/2008 Mark R. Byrnes 2 of 20 sedimentation patterns and rates of change were determined by comparing sequential bathymetric and shoreline surveys, detailed procedures were developed for compiling and analyzing data sets and associated potential measurement uncertainties. Net sediment volume changes were quantified to develop inlet sediment budgets for predicting long-term system response to engineering activities. Impact of Coastal Structures on Shoreline Chanfle Since 1984, Dr. Byrnes has evaluated the impact of coastal structures on sediment transport dynamics and coastal evolution throughout the U.S. He has been principal investigator on several studies assessing the influence of navigation and shore protection structures on beach response, including an evaluation of beach change to construction of 85 segmented breakwaters offshore southwestern Louisiana and an assessment of downdrift beach evolution in response to jetty construction at St. Marys Entrance, GA/FL; Grays Harbor and Columbia River, WA; Port Canaveral and Sebastian Inlet, FL; and Mattituck and Goldsmith Inlets, Southold, NY. All projects relied on the application of GIS/mapping tools for accurate compilation and analysis of data sets. Presently, he is evaluating the physical environmental impacts of offshore sand dredging and beach replenishment (soft structure) on coastal and nearshore sediment transport patterns for the U.S. Mineral Management Service. Geoloqic Framework Evaluation In a number of regional projects, Dr. Byrnes has conducted studies on the geologic evolution of coastal environments. These deposits represent the framework upon which modern coastal change is occurring. As such, he has devoted substantial time understanding the geological factors contributing to the evolution of nearshore, barrier beach, and estuarine deposits. Sediment dynamics at the land-sea boundary exeds substantial influence on the placement of structures relative to erosion trends. Dr. Byrnes has conducted most of these studies with the U.S. Geological Survey and the U.S. Army Corps of Engineers. Professional Societies · Coastal Education and Research Foundation (CERF) · American Geophysical Union (AGU) · Society for Sedimentary Geology (SEPM) · Geological Society of America (GSA) · Sigma Xi - The Scientific Research Society · Phi Kappa Phi Professional Committees · Editorial Board, Geo-Marine Letters, 1993-2004 · Editorial Board, Marine Models Online, 1996-1999 · Associate Editor, Gulf of Mexico Science, 1996-1999 · Gulf Coast Section SEPM Editor for Gulf Coast Association Geological Societies Conference, 1995 · Technical Study Advisor for Coastal Wetland Planning, Protection, and Restoration Act (CWPPRA): Louisiana Barrier Shoreline Study, Louisiana Depadment of Natural Resources, October 1994 to March 1995 · Public Policy Committee, Southeast GSA, 1991-1994 · Workshop on the Future Needs of Users for Nautical Information, Working Group 3: Database Issues/Nautical Charts and Marine GIS, National Research Council, 1993 9/3/2008 Mark R. Byrnes 3 of 20 Refereed Publications McBride, R.A., M.J. Taylor, and M.R. Byrnes, 2007. Coastal morphodynamics and Chenier Plain evolution in southwestern Louisiana, USA: A geomorphic model. Geomorphology, 88: 367-422. Byrnes, M.R., S.F. Griffee, and H.R. Moritz, 2007. Engineering activities influencing historical sediment transport pathways at the Columbia River Mouth, WA/OR. In: N.C. Kraus and J.D. Rosati (editors), Coastal Sediments '07, American Society of Civil Engineers, Reston, VA, pp. 1754-1767. McBride, R.A., M.J. Taylor, and M.R. Byrnes, 2007. A geomorphic process-response model for Chenier evolution in southwestern Louisiana, USA. In: N.C. Kraus and J.D. Rosati (editors), Coastal Sediments '07, American Society of Civil Engineers, Reston, VA, pp. 762-775. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2004. Physical and biological effects of sand mining offshore Alabama. Journal of Coastal Research, 20(1): 6-24. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2004. Effects of sand mining on physical processes and biological communities offshore New Jersey. Journal of Coastal Research, 20(1): 25-43. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2004. Evaluating the physical effects of offshore sand dredging for beach nourishment. ,Journal of Coastal Research, 20(1): 89-100. Drucker, B.S., W. Waskes, and M.R. Byrnes, 2004. The U.S. Minerals Management Service Outer Continental Shelf Sand and Gravel Program: environmental studies to assess the potential effects of offshore dredging operations in Federal waters. Journal of Coastal Research, 20(1 ): 1-5. Byrnes, M.R., M. Crowell, and C. Fowler, 2003. Preface. In: Byrnes, M.R., M. Crowell, and C. Fowler (editors), Shoreline Mapping and Change Analysis: Technical Considerations and Management Implications. Journal of Coastal Research, Special Issue 38, pp. 1-4. Taylor, M.J., R.A. McBride, L.C. Anderson, and M.R. Byrnes, 2002. Building on the research of our founders: 65 years of chenier plain studies at Louisiana State University. In: M.K. Steinberg and P.F. Hudson (editors), Cultural and Physical Expositions: Geographic Studies in the Southern United States and Latin America. Geoscience and Man Series, Volume 36, Louisiana State University Press, Baton Rouge, LA, pp. 261-276. Byrnes, M.R. and N.C. Kraus, 1999. Regional sediment transport patterns adjacent to Canaveral Harbor, Florida. in: N.C. Kraus and W.G. McDougal (editors), Coastal Sediments '99, American Society of Civil Engineers, New York, NY, pp. 750-760. Underwood, S.G., R. Chen, G.W. Stone, X. Zhang, M.R. Byrnes, and R.A. McBride, 1999. Beach response to a segmented breakwater system, southwest Louisiana, U.S.A. In: N.C. Kraus and W.G. McDougal (editors), Coastal Sediments '99, American Society of Civil Engineers, New York, NY, pp. 2042-2056. Anderson, LC., R.A. McBride, M.J. Taylor, and M.R. Byrnes, 1998. Late Holocene record of community replacement preserved in time-averaged Molluscan assemblages, Louisiana Chenier Plain. Palaios, 13: 488-499. McBride, R.A. and M.R. Byrnes, 1997. Regional variations in shore response along barrier island systems of the Mississippi River delta: historical change and future prediction. Journal of Coastal Research, 13(3): 628-655. Anderson, L.C., B.K. Sen Gupta, R.A. McBride, and M.R. Byrnes, 1997. Reduced seasonality of Holocene climate and pervasive mixing of Holocene marine section: northeastern Gulf of Mexico shelf. Geology, 25(2): 127-130. Byrnes, M.R. and M.W. Hiland, 1995. Large-scale sediment transport patterns on the continental shelf and influence on shoreline response: St. Andrew Sound, Georgia to Nassau Sound, Florida, 9/3/2008 Mark R. Byrnes 4 of 20 U.S.A. In: J.H. List and J.H.J. Terwindt (editors), Large-Scale Coastal Behavior. Marine Geology, 126: 19-43. McBride, R.A., M.R. Byrnes, and M.W. Hiland, 1995. Geomorphic response-type model for barrier coastlines: a regional perspective. In: J.H. List and J.H.J. Terwindt (editors), Large-Scale Coastal Behavior. Marine Geology, 126: 143-159. Byrnes, M.R., R.A. McBride, Q.Tao, and L.Duvic, 1995. Historical shoreline dynamics along the Chenier Plain of southwestern Louisiana. Gulf Coast Association Geological Societies Transactions, 45:113-122. Anderson, L.C., M.R. Byrnes, and R.A. McBride, 1995. Paleoenvironmental and taphonomic evidence of diverse bioclast sources for southwester Louisiana Cheniers. Gulf Coast Association Geological Societies Transactions, 45:21-30. McBride, R.A. and M.R. Byrnes, 1995. Surficial sediments and morphology of the southwestern Alabama/Florida Panhandle shelf. Gulf Coast Association Geological Societies Transactions, 45: 393-404. McBride, R.A. and M.R. Byrnes, 1995. A megascale systems approach for shoreline change analysis and coastal management along the northern Gulf of Mexico. Gulf Coast Association Geological Societies Transactions, 45:405-414 (2nd Place, Best Paper Award, GCS-SEPM). Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1995. Sediment texture and composition changes along the southwest Louisiana coast: implications to sediment supply. Gulf Coast Association Geological Societies Transactions, 45: 557-564. Zenero, R.R., D.L. Seng, M.R. Byrnes, and R.A. McBride, 1995. Geophysical techniques for evaluating the internal structure of cheniers, southwestern Louisiana. Gulf Coast Association Geological Societies Transactions, 45:611-620 (1 st Place, Best Paper Award, GCAGS). Byrnes, M.R. and M.W. Hiland, 1994. Shoreline position and nearshore bathymetric change (Chapter 3). In: N.C. Kraus, L.T. Gorman, and J. Pope (editors), Kings Bay Coastal and Estuarine Monitoring and Evaluation Program: Coastal Studies. Technical Report CERC-94-09, Coastal Engineering Research Center, Vicksburg, MS, p. 61-143. Byrnes, M.R. and M.W. Hiland, 1994. Compilation and analysis of shoreline and bathymetry data (Appendix B). In: N.C. Kraus, L.T. Gorman, and J. Pope (editors), Kings Bay Coastal and Estuarine Monitoring and Evaluation Program: Coastal Studies. Technical Report CERC-94-09, Coastal Engineering Research Center, Vicksburg, MS, p. BI-B90. Kraus, N.C. and M.R. Byrnes, 1994. Conclusions. In: N.C. Kraus, L.T. Gorman, and J. Pope (editors), Kings Bay Coastal and Estuarine Monitoring and Evaluation Program: Coastal Studies. Technical Report CERC-94-09, Coastal Engineering Research Center, Vicksburg, MS, p. 261-268. Byrnes, M.R. and M.W. Hiland, 1993. Regional seafloor changes near St. Marys Entrance, Georgia/Florida and their influence on shoreline response. In: List, J.H. (editor), Large-Scale Coastal Behavior '93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 17-20. McBride, R.A. and M.R. Byrnes, 1993. Shoreline response types along barrier coastlines: a regional perspective. In: List, J.H. (editor), Large-Scale Coastal Behavior '93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 119-122. Stauble, D.K., S.G. Underwood, M.R. Byrnes, and M.W. Hiland, 1993. Regional impacts of inlet engineering and beach replenishment at Fenwick and Assateague Islands, Maryland. In: List, J.H. (editor), Large-Scale Coastal Behavior '93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 185-188. 9/3/2008 Mark R. Byrnes 5 of 20 Byrnes, M.R., R.A. McBride, S. Penland, M.W. Hiland, and K.A. Westphal, 1991. Historical changes in shoreline position along the Mississippi Sound barrier islands. In: Coastal Depositional Systems in the Gulf of Mexico: Quaternary Framework and Environmental Issues, GCS-SEPM 12th Annual Research Conference, pp. 43-55. Byrnes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and J. Rowland, 1991. Offshore sand resources for coastal erosion in Louisiana: physical environmental considerations and economic feasibility. MTS '91 Proceedings, Marine Technology Society, Washington, D.C., pp. 755-761. Byrnes, M.R., R.A. McBride, and M.W. Hiland, 1991. Accuracy standards and development of a national shoreline change database. In: N.C. Kraus, K.J. Gingerich, and D.L Kriebel (editors), Coastal Sediments '91, American Society of Civil Engineers, New York, NY, pp. 1027-1042. Anders, F.J. and M.R. Byrnes, 1991. Accuracy of shoreline change rates as determined from maps and aerial photographs. Shore and Beach, 59(1): 17-26. Hansen, M. and M.R. Byrnes, 1991. Development of optimum beach fill design cross section. In: N.C. Kraus, K.J. Gingerich, and D.L. Kriebel (editors), Coastal Sediments '91, American Society of Civil Engineers, New York, NY, pp. 2067-2080. McBride, R.A., M.R. Byrnes, S. Penland, D.L. Pope, and J.L. Kindinger, 1991. Geomorphic history, geologic framework, and hard mineral resources of the Petit Bols Pass area, Mississippi-Alabama. In: Coastal Depositional Systems in the Gulf of Mexico: Quaternary Framework and Environmental Issues, GCS-SEPM 12~h Annual Research Conference, pp. 116-127. McBride, R.A., M.W. Hiland, S. Penland, S.J. Williams, M.R. Byrnes, K.A. Westphal, B. Jaffe, and A.H. Sallenger, Jr., 1991. Mapping barrier island changes in Louisiana: Techniques, Accuracy, and Results. In: N.C. Kraus, K.J. Gingerich, and D.L. Kriebel (editors), Coastal Sediments '91, American Society of Civil Engineers, New York, NY, pp. 1011-1026. McBride, R.A., D.W. Davis, F.W. Jones, M.R. Byrnes, D. Braud, M.W. Hiland, A.J. Lewis, and H.R. Streiffer, 1991, Louisiana Coastal Geographic Information System Network (LCGISN): access to spatial data. Meridian, 6: 29-43. Byrnes, M.R. and K.J. Gingerich, 1987. Cross-island profile response to Hurricane Gloria. In: N.C. Kraus (editor), Coastal Sediments '87, American Society of Civil Engineers, New York, NY, p. 1486- 1502. Books and Edited Volumes Byrnes, M.R., M. Crowell, and C. Fowler, 2003. Shoreline Mapping and Change Analysis: Technical Considerations and Management Implications. Journal of Coastal Research, Special issue 38, 215 p. John, C.J. and M.R. Byrnes, 1995. Gulf Coast Association of Geological Societies Transactions, Gulf Coast Geology: A Global Resource. GCAGS 45th Annual Convention, Baton Rouge, LA, 648 p. Technical Reports Byrnes, M.R., 2008. Processes Affecting Wetland Change on the Davie Meaux, Sr. Property, Vermilion and Iberia Parishes, Louisiana. Final Report to Liskow & Lewis, Lafayette, LA, 21 p. plus Appendices. Byrnes, M.R., 2008. Processes Affecting Wetland Change in the Calcasieu-Sabine Basin with Special Reference to Dor~ Energy Corporation Property: Supplemental Report. Final Report to Schully, Roberts, Slattery, & Marino, New Orleans, LA, 33 p. 9/3/2008 Mark R. Byrnes 6 of 20 Byrnes, M.R., S.F. Griffee, and M.S. Osier, 2008. Evaluation of Channel Dredging on Shoreline Response at and Adjacent to Mobile Pass, Alabama. Final Report to U.S. Army Corps of Engineers, Mobile District, 212 p. plus 8 appendices. Rosati, J.D., M.R. Byrnes, M.B. Gravens, and S.F. Griffee, 2007. Regional Sediment Budget for Mississippi Mainland and Barrier Island Coast. ERDC/CHL Technical Report, Coastal and Hydraulics Laboratory, Vicksburg, MS, 183 p. Byrnes, M.R., 2006. Processes Affecting Wetland Change in the Calcasieu-Sabine Basin with Special Reference to Dor~ Energy Corporation Property. Expert Report to Defendants, 41 p. Byrnes, M.R. and S.F. Griffee, 2006. Regional Sediment Transport Patterns Relative to Engineering Activities at the Mouth of the Columbia River, Washington/Oregon. Report to the U.S. Army Corps of Engineers, Portland District, Portland, OR, 45 p. plus 5 Appendices. Byrnes, M.R., 2006. Chronology of Events Affecting Wetland Change in Terrebonne Parish with Special Reference to Harry Bourg Corporation Property. Supplemental Expert Report to Frilot, Partridge, Kohnke & Clements, LC, 30 p. Byrnes, M.R., 2005. Processes Affecting Wetland Change in Terrebonne Parish with Special Reference to Harry Bourg Corporation Property South of Falgout Canal Between Bayou Du Large and the Houma Navigation Canal. Expert Report to Kean, Miller, Hawthorne, D'Armond, McGowan, & Jarman, LLP, 37 p. Byrnes, M.R. and J.L. Baker, 2005. Sediment Budget Analysis: Culloden Point to Shagwong Point, Lake Montauk, NY. Final Report to Offshore and Coastal Technologies, Chadds Ford, PA, 17 p. Hammer, R.M., M.R. Byrnes, D.B. Snyder, T.D. Thibaut, J.L. Baker, S.W. Kelley, J.M. Cote, L.M. Lagera, S.T. Viada, B.A. Vittor, J.S. Ramsey, and J.D. Wood, 2005. Environmental Surveys of Potential Borrow Areas on the Central East Florida Shelf and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Marine Minerals Branch, Hemdon, VA. OCS Report MMS 2004-037, Volume I: Main Text, 328 pp. + Volume I1: Appendices, 276 pp. Byrnes, M.R., R.M. Hammer, S.W. Kelley, J.L. Baker, D.B. Snyder, T.D. Thibaut, S.A Zichichi, L.M. Lagera, S.T. Viada, B.A. Vittor, J.S. Ramsey, and J.D. Germano, 2004. Environmental Surveys of Potential Borrow Areas Offshore Northern New Jersey and Southern New York and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Marine Minerals Branch, Herndon, VA. OCS Report MMS 2004-044, Volume I: Main Text 264 pp. + Volume Ih Appendices 194 pp. Wise, L.A., T.N. McLellan, and M.R. Byrnes, 2004. Feasibility analysis of shore protection for Rockefeller Wildlife Refuge in the chenier plain of southwestern Louisiana (USA). Proceedings Coastal Structures '03, Portland, OR, 13 p. Byrnes, M.R., R.M. Hammer, B.A. Vittor, S.W. Kelley, D.B. Snyder, J.M. Cote, J.S. Ramsey, T.D. Thibaut, N.W. Phillips, and J.D. Wood, 2003. Collection of Environmental Data Within Sand Resource Areas Offshore North Carolina and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Sand and Gravel Unit, Herndon, VA. OCS Report MMS 2000-056, Volume I: Main Text, 256 pp. + Volume I1: Appendices, 69 pp. Baker, J.L. and M.R. Byrnes, 2004. Appendix F: Shoreline and Bathymetry Data. In: Kraus, N.C. and H.T. Arden (editors), North Jetty Performance and Entrance Channel Maintenance, Grays Harbor, Washington. Technical Report ERDC/CHL TR-03-12, US Army Engineer Research and Development Center, Vickburg, MS. 9/3/2008 Mark R. Byrnes 7 of 20 Byrnes, M.R. and J.L. Baker, 2003. Chapter 3: Inlet and Nearshore Morphodynamics. In: Kraus, N.C. and H.T. Arden (Editors), North Jetty Performance and Entrance Navigation Channel Maintenance, Grays Harbor, Washington, Volume I: Main Text. ERDC/CHL TR-03-12, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, pp. 67-136. Byrnes, M.R., and F. Li, 2003. Chapter 3: Regional Processes. In: Gailani, J.Z. and others, Monitoring Dredged Material Disposal at Mouth of Columbia River, Washington/Oregon, USA. Technical Report TR-03-5, USAE Research and Development Center, Coastal and Hydraulics Laboratory, Vicksburg, MS, pp. 42-82. Byrnes, M.R., J.L. Baker, and N.C. Kraus, 2003. Coastal sediment budget for Grays Harbor, WA. In: Proceedings Coastal Sediments 2003, The Fifth International Symposium on Coastal Engineering and Science of Coastal Sediment Processes, Clearwater, FL, 10 p. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of identified sand resource areas offshore Alabama. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U.S. Minerals Management Service, New Orleans, LA, pp. 333-340. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of potential sand resource sites: offshore New Jersey. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U.S. Minerals Management Service, New Orleans, LA, pp. 349-354. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Collection of environmental data within sand resource areas offshore North Carolina and the environmental implications of sand removal for coastal and beach restoration. 21st Annual Information Transfer Meeting Proceedings, MMS 2003- 005, U.S. Minerals Management Service, New Orleans, LA, pp. 355-360. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2003. Numerical modeling evaluation of the cumulative physical effects of offshore sand dredging for beach nourishment. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U.S. Minerals Management Service, New Orleans, LA, 417-422. Kraus, N.C. and M.R. Byrnes, 2002. Technical Comments on 30 September 2002 Final Report "Independent Study Report, Brevard County, Florida, Shore Protection Project" by Independent Coastal Expert Team (ICET). Memorandum for Record dated 2 December 2002 from the U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, Vicksburg, MS to U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, FL, 21 pp. Byrnes, M.R., F. Li, and J.D. Rosati, 2002. Inlets Online: A Tutorial for Evaluating Inlet/Beach Processes Using Aerial Photography. ERDC/CHL CHETN-IV-51, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, 10 p. Byrnes, MR., J.L. Baker, and F. Li, 2002. Quantifying potential measurement errors and uncertainties associated with bathymetric change analysis. ERDC/CHL CHETN-IV-50, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, 17p. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2001. Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment. U.S. Department of the Interior, Minerals Management Service, International Activities and Marine Minerals Division (INTERMAR), Herndon, VA. OCS Report MMS 2001-098, 96 pp. + 90 pp. appendices Cote, J.M. and M.R. Byrnes, 2001. Total Current Observations, Hudson River, Rensselaer, NY: March 27, 2001. Final Repod to ENSR International, Acton, MA, 40 pp. 9/3/2008 Mark R. Byrnes 8 of 20 Cote, J.M and M.R. Byrnes, 2001. Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Transportation System. Final Report to Paragon Engineering, Inc., Houston, TX, 35 pp. Byrnes, M.R., R.M. Hammer, B.A. Vittor, J.S. Ramsey, D.B. Snyder, J.D. Wood, K.F. Bosma, T.D. Thibaut, and N.W. Phillips, 2001. Environmental Survey of Potential Sand Resource Sites: Offshore New Jersey, Volume I: Main Text, Volume I1: Appendices. U.S. Department of the Interior, Minerals Management Service, International Activities and Marine Minerals Division (INTERMAR), Herndon, VA. OCS Report MMS 2000-052,380 pp. + 284 pp. appendices. Byrnes, M.R. and F. Li, 2000. Historical Shoreline Change Analysis: Satellite Beach to Fort Pierce Inlet, Florida. Final Report to the Sebastian Inlet Tax District Commission, Indialantic, FL, 88 pp. Byrnes, M.R., 2000. Sediment Erosion and Deposition Resulting from Steamship Authority Vessel Operations in Hyannis Inner Harbor and the Impact on Sedimentation at Hyannis Marina. Expert Report for Rubin and Rudman, LLP, Boston, MA, 27 pp. Byrnes, M.R., J.S. Ramsey, R.M. Hammer, and E.A. Wadman, 2000. Assessing Potential Environmental Impacts of Offshore Sand and Gravel Mining. Final Report to the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Coastal Zone Management, 48 pp. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 1999. Comparison of Numerical Spectral Wave Transformation Models for Evaluating the Physical Environmental Impacts of Offshore Sand Mining. Report to the U.S. Department of the Interior, Minerals Management Service, International Activities and Marine Minerals Division (INTERMAR), Herndon, VA, 24 pp. Byrnes, M.R., 1999. Sediment Deposition at Hyannis Marina Resulting from Steamship Authority Vessel Operations in Hyannis Harbor, 1988 to 1998. Report to Rubin and Rudman, LLP, Boston, MA, 7 pp. Byrnes, M.R., R.M. Hammer, B.A. Vittor, J.S. Ramsey, D.B. Snyder, K.F. Bosma, J.D. Wood, T.D. Thibaut, and N.W. Phillips, 1999. Environmental Study of Identified Sand Resource Areas Offshore Alabama: Volume I: Main Text, Volume I1: Appendices. U.S. Department of the Interior, Minerals Management Service, International Activities and Marine Minerals Division (INTERMAR), Herndon, VA. OCS Report MMS 99-0052, 326 pp. + 132 pp. appendices. Kraus, N.C., M.R. Byrnes, and A-L. Lindquist, 1999. Coastal Processes Assessment for Brevard County, Florida, with Special Reference to Test Plaintiffs. Technical Report CHL-99-6, U.S. Army Corps of Engineers, Waterways Experiment Station, Coastal and Hydraulics Laboratory, Vicksburg, MS, 162 p. Byrnes, M.R., and F. Li, 1999. Regional Analysis of Sediment Transport and Dredged Material Disposal Patterns, Columbia River Mouth, Washington/Oregon, and Adjacent Shores. Final Report to USAE Waterways Experiment Station, Coastal and Hydraulics Laboratory, Vicksburg, MS, 45 p. Fields, M.L., M.R. Byrnes, and K.F. Bosma, 1998. Historical Shoreline Change Analysis: Western Town Line to Horton Point, Southold, New York. Final Report to the Town of Southold, Suffolk County, NY, 86 p., 2 appendices. Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1996. Form/process relationships and geomorphic evolution of the southwest Louisiana Chenier Plain. Gulf Coast Association Geological Societies Transactions, 46:413-422. McBride, R.A., M.R. Byrnes, and L.C. Anderson, 1996. Shelf sedimentary facies offshore southwestern Alabama and western Florida Panhandle: Northeastern Gulf of Mexico. Gulf Coast Association Geological Societies Transactions, 46:287-299. 9/3/2008 Mark R. Byrnes 9 of 20 Byrnes, M.R. and R.A. McBride, 1996. Coastal erosion hazards in Louisiana. In: O.K. Huh (editor), Natural Coastal Environmental Hazards, Report of a Workshop by NASA and Louisiana State University, Baton Rouge, LA, pp. 61-71. Byrnes, M.R. and R.A. McBride, 1996. Shoreline change along the Chenier Plain. CoastWise, 6(1 ): 22-25. Byrnes, M.R. and R.A. McBride, 1996. Northeast Gulf of Mexico hard mineral resources study. Proceeding of the 15th Annual Information Transfer Meeting, U.S. Department of the Interior, Minerals Management Service, New Orleans, LA, pp. 481-486. Byrnes, M.R., R.A. McBride, L.C. Anderson, M.J. Taylor, and R.R. Zenero, 1995. Sedimentary Processes, Geologic Framework, and Coastal Erosion Issues of the Chenier Plain in Southwestern Louisiana. Fieldtrip Guidebook for the 45th Annual Meeting of the Gulf Coast Association of Geological Societies, 196 p. Byrnes, M.R. and R.A. McBride, 1995. Preliminary Assessment of Beach Response to a Segmented Breakwater System: Constance Beach and Vicinity, 1990-1994. Final Report to Louisiana Department of Natural Resources, Coastal Restoration Division, Baton Rouge, LA, 102 p. Byrnes, M.R. and R.A. McBride, 1995. Shoreline Response to Natural and Humamlnduced Processes Along the Chenier Plain of Southwestern Louisiana. Louisiana Barrier Island Workshop, Coalition to Restore Coastal Louisiana, Baton Rouge, LA, 5 p. Byrnes, M.R., R.A. McBride, S.G. Underwood, and K.P. Corbley, 1994. Losing ground: mapping Louisiana's disappearing coastline. GPS World, p. 46-50. Hiland, M.W. and M.R. Byrnes, 1994. New York Bight Study, Report 4, Geographic Information System and Relational Database Management System Development. Technical Report CERC-94- 4, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 81 p. Wayne, L.D., M.R. Byrnes, J.D. Hayden, and G. Pallinti, 1994. An analytical model for classifying land loss in Louisiana. Proceedings of the Second Thematic Conference on Remote Sensing for Marine and Coastal Environments. Volume 1, p. 679-686. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1994. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phase IV - Differential GPS Survey for Mapping High-Water Shoreline Position. Final Report to Federal Emergency Management Agency, Office of Risk Assessment, Washington, D.C., 164 p. Byrnes, M.R., 1993. Sea-level rise and shoreline change. In: National Park Service Global Change and Coastal Dynamics Workshop Proceedings, Charlottesville, VA, 11 p. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1993. Historical shoreline position change for the mainland beach in Harrison County, Mississippi. In: O.T. Magoon, W.S. Wilson, H. Converse, and L.T. Tobin (editors), Coastal Zone '93, American Society of Civil Engineers, New York, NY, pp. 1406-1420. Hiland, M.W., M.R. Byrnes, R.A. McBride, and F.W. Jones, 1993. Change analysis and spatial information management for coastal environments. MicroStation Manager, 3(3): 58-61. Wayne, L.D., M.R. Byrnes, L.D. Britsch, S. Penland, P.L. Wilkey, T.A. Williams, and S.J. Williams, 1993. A method for classifying land loss by geomorphology and process. In: S. Laska and A. Puffer (editors), Coastlines of the Gulf of Mexico, Coastal Zone '93, American Society of Civil Engineers, New York, NY, pp. 85-95. 9/3/2008 Mark R. Byrnes 10 of 20 Stauble, D.K., G.W. Holem, M.R. Byrnes, F.J. Anders, and E. Meisburger, 1993. SUPERDUCK Beach Sediment Sample Experiment: Beach Profile Change and Foreshore Sediment Dynamics. Technical Report CERC-93-4, US Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 41 p. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1993. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phase III - Data Analysis and Interpretation. Final Report to Federal Emergency Management Agency, Office of Risk Assessment, Washington, D.C., 102 p. Debusschere, K., S. Penland, K.E. Ramsey, D. Lindstedt, K.A. Westphal, R. Seal, R.A. McBride, M.R. Byrnes, and E. Owens, 1993. Implementing the shoreline cleanup assessment team process in the Gulf of Mexico. Proceedings of International Oil Spill Conference, American Petroleum Institute, Washington, D.C., p. 95-97. Byrnes, M.R. and C.G. Groat, 1992. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: an introduction. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA, pp. 75-78. Byrnes, M.R. and C.G. Groat, 1992. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: conclusions and recommendations. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA, pp. 94-95. Byrnes, M.R. and P. Patnaik, 1992. An evaluation of physical environmental impacts of sand dredging on Ship Shoal. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA, pp. 84-87. Wayne, L. and M.R. Byrnes, 1992. An Information Management Strategy to Ensure the Compatibility and Accessibility of Data Generated in Conjunction with the Barataria-Terrebonne National Estuary Program. Final Report to U.S. Environmental Protection Agency, Barataria- Terrebonne National Estuary Program, Thibodaux, LA, 35 p. Westphal, K.A., S. Penland, R.W. Seal, M.R. Byrnes, 1992. Aerial Videotape Survey of Coastal Louisiana, Mississippi, and Alabama 1991. Coastal Geology Map Series, Louisiana Geological Survey, Baton Rouge, LA, 163 p. Byrnes, M.R., J.S. Moody, and S.C. Knox, (contributors) 1991. Historical shoreline change in the northern Gulf of Mexico (Scale 1:2,000,000). Prepared for the U.S. Environmental Protection Agency, Louisiana Geological Survey, Baton Rouge, LA. Byrnes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and T.A. Chisholm, 1991. Characterization of the Development Potential of Ship Shoal Sand for Beach Replenishment of Isles Dernieres. Final Report to the U.S. Minerals Management Service, Office of Marine Minerals International Affairs, Herndon, VA, 164 p. Byrnes, M.R., M.W. Hiland, R.A. McBride, and K.A. Westphal, 1991. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phases I and II - Data Compilation and Procedures. Final Report to Federal Emergency Management Agency, Office of Risk Assessment, Washington, D.C., 139 p. Hales, L.Z., M.R. Byrnes, and M.W. Dowd, 1991. Numerical modeling of storm-induced beach erosion, Folly Beach, South Carolina, Beach Fill Alternatives. In: O.T. Magoon et al. (editors), Coastal Zone '91, American Society of Civil Engineers, New York, NY, pp. 495-509. McBride, R.A., D.W. Davis, F.W. Jones, M.R. Byrnes, D. Braud, M.W. Hiland, A.J. Lewis, H.R. Streiffer, and S.J. Williams, 1991. Louisiana Coastal Geographic Information System Network (LCGISN): Access to Spatial Data. U.S. Geological Survey Open File Report 91-622, 17 p. Byrnes, M.R., S. Penland, R.A. McBride, K.A. Westphal, and D.W. Davis, 1990. Computer Mapping, Aerial Videotape Surveys, and Geographic Information Systems: An Integrated Approach 9~3~2008 Mark R. Byrnes 11 of 20 to Developing a Shoreline Change Database. Great Lakes Shoreland Management Workshop, Cleveland, OH, p. 21-29. Larson, M., N.C. Kraus, and M.R. Byrnes, 1990. SBEACH: Numerical Model for Simulating Storm- Induced Beach Change, Report 2, Numerical Formulation and Model Tests. Technical Report CERC 89-9, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 117 p. Byrnes, M.R., 1989. SUPERDUCK Beach Sediment Sampling Experiment, Report 1, Data Summary and Initial Observations. Miscellaneous Paper CERC-89-18, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 52 p. Byrnes, M.R., K.J. Gingerich, S.M. Kimball, and G.R. Thomas, 1989. Temporal and spatial variations in shoreline migration rates, Metompkin Island, Virginia. In: D.K. Stauble (editor), Barrier Islands: Process and Management, Proceedings Coastal Zone '89, American Society Civil Engineers, New York, NY, p. 78-92. Byrnes, M.R., 1988. Holocene Geology and Migration of a Low-Profile Barrier Island System, Metompkin Island, Virginia. PhD Dissertation, Oceanography Department, Old Dominion University, Norfolk, VA, 419 pp. Oertel, G.F., M.R. Byrnes, and K.J. Gingerich, 1985. Sediment Budget Analysis for Fort Story Section of Shore at Cape Henry, Virginia. Tech. Report 85-2, Oceanography Department, Old Dominion University, Norfolk, VA, 464 pp. Gingerich, K.J. and M.R. Byrnes (editors), 1984. Field Guide to Coastal Geologic Problems of Tidewater, Virginia. 11th Annual Shelf and Shore Workshop Fieldtrip Guidebook, Norfolk, VA, 66 PP. Oertel, G.F., K.J. Gingerich, and M.R. Byrnes, 1982. Sediment Budget and Shoreline Dynamics, East Ocean View, Norfolk, Virginia. Technical Report 82-6, Oceanography Department, Old Dominion University, Norfolk, VA, 28 pp. Byrnes, M.R. and G.F. Oertel, 1981. Particle size distribution of suspended solids in the Chesapeake Bay entrance and adjacent shelf waters. In: J.W. Campbell and J.P. Thomas (editors), Chesapeake Bay Plume Study - SUPERFLUX 1980. NASA Conference Publication 2188, p. 223-235. Technical Presentations Byrnes, M.R., S.F. Griffee, and H.R. Moritz, 2007. Engineering activities influencing historical sediment transport pathways at the Columbia River Mouth, WA/OR. Coastal Sediments '07, American Society of Civil Engineers, Reston, VA. Byrnes, M.R. and S.F. Griffee, 2006. Sedimentary Response to Navigation Structures at the Mouth of the Columbia River, Washington/Oregon, USA. Association of Engineering and Environmental Geologists Annual Meeting, Invited Paper to the Symposium Coastal Processes and Geotechnical Response, Boston, MA. Byrnes, M.R., 2006. Evaluating potential physical and environmental effects of offshore sand removal for coastal and beach restoration: central east Florida and the New York Bight. First MMS Marine Minerals Program Information Transfer Meeting, Melbourne, FL. Byrnes, M.R., 2006. Shoreline Mapping and Management. Shoreline Change Conference Il: A Workshop on Managing Shoreline Change. NOAA Coastal Services Center, Charleston, SC. Byrnes, M.R., 2004. Potential physical and biological impacts of sand mining on the Outer Continental Sherf, Offshore Alabama. American Shore and Beach Preservation Association Annual Meeting, New Orleans, LA. 9/3/2008 Mark R. Byrnes 12 of 20 Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of identified sand resource areas offshore Alabama. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of potential sand resource sites: offshore New Jersey. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Collection of environmental data within sand resource areas offshore North Carolina and the environmental implications of sand removal for coastal and beach restoration. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2003. Numerical modeling evaluation of the cumulative physical effects of offshore sand dredging for beach nourishment. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., R.A. McBride, and J.L. Baker, 2002. Consistent spatial reference feature for quantifying shoreline change: physical significance versus convenience. Shoreline Change Conference 2002, NOAA Coastal Services Center, Charleston, SC. Cot~, J.M. and M.R. Byrnes, 2002. Spatial and temporal variability of circulation patterns at offshore shoals on the eastern Florida Continental Shelf. AGU EOS Transactions, 83(4): OS136, Coastal Sciences Meeting, Honolulu, HI. Byrnes, M.R. and R.M. Hammer, 2001. Evaluating potential environmental impacts of sand mining on the Outer Continental Shelf, offshore New Jersey. Coastal Zone 2001, Cleveland, OH. Byrnes, M.R., J.S. Ramsey, K.F. Bosma, and F. Li, 2000. Nearshore sediment dynamics and potential physical environmental impacts of sand mining on the Outer Continental Shelf, Offshore Alabama. Gulf of Mexico Symposium 2000, Mobile, AL. Byrnes, M.R. and N.C. Kraus, 1999. Regional sediment transport patterns adjacent to Canaveral Harbor, Florida. Coastal Sediments '99, American Society of Civil Engineers, Long Island, NY. Byrnes, M.R., 1997. Holocene geomorphic evolution of the southwest Louisiana Chenier Plain. USGS Center for Coastal Geology, St. Petersburg, FL (Invited Lecturer). Byrnes, M.R., R.A. McBride, M.J. Taylor, and R.R. Zenero, 1996. Holocene sedimentary framework of transgressions and regressions along the chenier plain, southwestern Louisiana. Gulf Coast Association of Geological Societies, p. 472. McBride, R.A. and M.R. Byrnes, 1996. Shelf sedimentary facies offshore southwestern Alabama and western Florida Panhandle: northeastern Gulf of Mexico. Gulf Coast Association of Geological Societies. Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1996. Form/process relationships and the geomorphic evolution of the southwest Louisiana chenier plain. Gulf Coast Association of Geological Societies. Byrnes, M.R. and McBride, R.A., 1996. Spatial and temporal variations in shoreline position change along Louisiana's outer coast. Geological Society of America (GSA): 30th Annual South-Central Section, March 11-12, Austin, TX, Abstracts with Programs, v. 28(1 ), February, p. 7 (Invited Paper). Taylor, M.J., McBride, R.A., and Byrnes, M.R., 1996. Sediment sources for southwest Louisiana cheniers. American Association of Geographers (AAG), 92nd Annual Meeting, April 9-13, Charlotte, North Carolina, Abstract with Program, p. 291. 9~3~2008 Mark R. Byrnes ~3 of 20 Byrnes, M.R., McBride, R.A., Seng, D.L., Zenero, R.R., and Taylor, M.J., 1995. Geologic framework of Holocene sedimentary deposits of the central Chenier Plain, southwestern Louisiana, Geological Society of America, Abstracts with Program, v. 27, p. A-272 (Invited Paper). Byrnes, M.R., McBride, R.A., Tao, Q. and Duvic, L., 1995. Historical shoreline dynamics along the Chenier Plain of southwestern Louisiana. American Association of Petroleum Geologists Bulletin, v. 79. Anderson, L.C., Byrnes, M.R. and McBride, R.A., 1995. Paleoenvironmental and taphonomic evidence of diverse bioclast sources for southwestern Louisiana cheniers. American Association of Petroleum Geologists Bulletin, v. 79. Anderson L.C., Byrnes, M.R., and McBride, R.A., 1995. Macroinvertebrate taphonomy of the southwestern Louisiana Chenier Plain: evidence of diverse bioclast sources, depositional regimes, and dynamic histories. Geological Society of America, Abstracts with Program, v. 27, p. A-446. McBride R.A. and Byrnes, M.R., 1995. Processes of barrier shoreline change in Louisiana between 1855 and 1994: development of a geomorphic response-type model. Geological Society of America, Abstracts with Program, v. 27, p. A-341. McBride R.A., Byrnes, M.R., and Anderson, L.C., 1995. Late Quaternary Iowstand and transgressive systems tracts of the northeastern Gulf of Mexico: surfaces, facies, and stratigraphy. American Association of Petroleum Geologists, Official Program, v. 4, p. 63A. McBride R.A. and Byrnes, M.R., 1995. A megascale systems approach to shoreline change analysis and coastal management along the northern Gulf of Mexico. American Association of Petroleum Geologists Bulletin, v. 79. McBride R.A. and Byrnes, M.R., 1995. Surficial sediments and morphology of the southwestern Alabama/western Florida Panhandle coast and shelf. American Association of Petroleum Geologists Bulletin, v. 79. Taylor, M.J., Byrnes, M.R., and McBride, R.A., 1995. Sediment texture and composition changes along the southwest Louisiana coast: implications for sediment supply. American Association of Petroleum Geologists Bulletin, v. 79. Taylor, M.J., Byrnes, M.R., and McBride, R.A., 1995. Local and distant sediment sources to the southwest Louisiana Chenier Plain. Geological Society of America, Abstracts with Program, v. 27, p. A-279. Zenero, R.R., Seng, D.L., Byrnes, M.R. and McBride, R.A., 1995. Geophysical techniques for evaluating the internal structure of cheniers, southwestern Louisiana. American Association of Petroleum Geologists Bulletin, v. 79. Zenero, R.R., Seng, D.L., Byrnes, M.R., and McBride, R.A., 1995. Applications of ground penetrating radar on the southwest Louisiana Chenier Plain. Geological Society of America, Abstracts with Program, v. 27, p. A-449. Byrnes, M.R., R.A. McBride, and S. Underwood, 1995. Beach response to a segmented breakwater system: southwestern Louisiana. Eighth Annual National Conference on Beach Preservation Technology, St. Petersburg, FL. Byrnes, M.R. and R.A. McBride, 1995. Shoreline response to natural and human-induced processes along the Chenier Plain of southwestern Louisiana. Louisiana Barrier Shoreline Restoration Workshop, New Orleans, LA. Byrnes, M.R., M.W. Hiland, R.A. McBride, and M. Bradshaw, 1994. Monitoring shoreline change. Second Thematic Conference on Remote Sensing for Marine and Coastal Environments, New Orleans, LA. 9~3/2008 Mark R. Byrnes 14 of 20 McBride, R.A., Anderson, L.C., and Byrnes, M.R., 1994. Late Quaternary transgressive deposits and surfaces on the southeast Alabama/Florida Panhandle shelf: facies, stratigraphy, and chronology. Society for Sedimentary Geology Research Conference on Clastic Deposits of the Transgressive Systems Tracts, Long Beach, WA, July 10-16. Byrnes, M.R. and M.W. Hiland, 1993. Regional seafloor changes near St. Marys Entrance, Georgia/Florida, and their influence on shoreline response. Large-Scale Coastal Behavior '93, St. Petersburg, FL. McBride, R.A. and Byrnes, M.R., 1993. Geomorphic response types along barrier coastlines: a regional perspective. Poster session presented at Large Scale Coastal Behavior '93 (LSCB '93) conference, St. Petersburg, FL, Nov. 15-19. Byrnes, M.R. and D. Braud, 1993. Assessing accuracy of coastal change mapping in Louisiana: Moderator. Panel Discussion at the Ninth Annual Remote Sensing/GIS Workshop, Lafayette, LA. Byrnes, M.R., S. Penland, and D.W. Davis, 1992. Man-Induced Impacts on the Coastal Zone of Louisiana. 41st Annual Meeting of the Southeastern Section of the Geological Society of America, Winston-Salem, NC. Byrnes, M.R., 1992. Shoreline Change Methodology. Louisiana Barrier Island Workshop. Sponsored by the U.S. Geological Survey and Louisiana State University at Louisiana Universities Marine Consortium, Cocodrie, LA. Byrnes, M.R., 1991. Physical Environmental Impacts of Sand Mining at Ship Shoal. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., 1991. A GIS Strategy for Mapping Historical Shoreline Position. Seventh Annual Remote Sensing and GIS Workshop, New Orleans, LA. Byrnes, M.R., R.A. McBride, and M.W. Hiland, 1991. Accuracy standards and development of a national shoreline change database. Coastal Sediments '91, Seattle, WA. Byrnes, M.R., R.A. McBride, S. Penland, and M.W. Hiland, 1991. Classification of shoreline change. The Coastal Society 12th International Conference, San Antonio, TX. Byrnes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and J. Rowland, 1991. Offshore sand resources for coastal erosion in Louisiana: physical environmental considerations and economic feasibility. Marine Technology Society '91, New Orleans, LA. Byrnes, M.R., R.A. McBride, S. Penland, M.W. Hiland, and K.A. Westphal, 1991. Historical changes in shoreline position along the Mississippi Sound barrier islands. Gulf Coast Section- Society of Economic Paleontologists and Mineralogists 12th Annual Research Conference, San Antonio, TX. Byrnes, M.R., S. Penland, R.A. McBride, and K.A. Westphal, 1991. Louisiana's disappearing shores -- America's coastal erosion hot spot. Invited speaker. American Association for the Advancement of Science, Washington, D.C. Byrnes, M.R., 1991. Characterization ofthe development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: Introduction and Objectives. U.S. Minerals Management Service 12th Annual Information Transfer Meeting, New Orleans, LA. Byrnes, M.R., 1991. Physical environmental impacts of sand mining at Ship Shoal. U.S. Minerals Management Service 12th Annual Information Transfer Meeting, New Orleans, LA. Byrnes, M.R., 1991. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: Summary and future direction. U.S. Minerals Management Service 12th Annual Information Transfer Meeting, New Orleans, LA. 9/3/2008 Mark R. Byrnes 15 of 20 McBride, R.A. and Byrnes, M.R., 1991. Geologic framework and hard mineral resources in the Petit Bols Pass and adjacent shelf area, Mississippi-Alabama. Core presentation at the 41st annual Gulf Coast Association of Geological Societies (GCAGS) meeting, Houston, TX, Oct. 16-18. Byrnes, M.R., S. Penland, R.A. McBride, K.A. Westphal, and D.W. Davis, 1990. Computer Mapping, Aerial Videotape Surveys, and Geographic Information Systems: An Integrated Approach to Developing a Shoreline Change Database. Great Lakes Shoreland Management Workshop, Cleveland, OH. Byrnes, M.R., 1989. Antecedent topographic control on barrier islands and inlets. Guest Seminar, Geology Department, Middlebury College, Middlebury, VT. Byrnes, M.R., 1988. Sedimentation patterns and processes along Metompkin Island, Virginia. Guest Seminar, United States Geological Survey, Reston, VA. Byrnes, M.R. and K.J. Gingerich, 1987. Cross-island profile response to Hurricane Gloria. Coastal Sediments '87, New Orleans, LA. Byrnes, M·R., 1986. Subaeriai sediment budget analysis: a means of quantifying barrier island migration. Guest Seminar, Coastal Engineering Research Center, Vicksburg, MS. Byrnes, M.R., 1986. Morphodynamics of Virginia's barrier island chain. Guest Seminar, Environmental Sciences Department, University of Virginia, Charlottesville, VA. Byrnes, M.R. and K.J. Gingerich, 1985. Sediment budget analysis along a transgressive barrier shoreline. 12th Annual Shelf and Shore Workshop, Duck, NC. Byrnes, M.R. and K.J. Gingerich, 1985. The effect of lagoonal characteristics on the transgressive nature of Metompkin Island, Virginia (awarded best student paper). Virginia Journal of Science Abstract, 36: 147. Byrnes, M.R. and G.F. Oertel, 1981. Particle size distribution of suspended solids in the Chesapeake Bay entrance and adjacent shelf waters. SUPERFLUX 1980 - Chesapeake Bay Plume Study Workshop, NASA Langley Research Center, Newport News, VA. Litigation Support Liskow & Lewis, Lafayette, LA, Larry Davie Meaux, et al. v. Hilcorp Energy Company, et al., 15th JDC, Vermilion Parish, LA. Processes Affecting Wetland Change on the Davie Meaux, Sr. Property, Vermilion and Iberia Parishes, Louisiana. Clients: Forest Oil, Hilcorp Energy, Unocal, LLOG Exploration. Schully, Roberts, Slattery, & Marino; Lemle & Kelleher; and Stone, Pigman, Walther, & Wittmann, New Orleans, LA, Dor~ Energy Corporation v. Carter-Langham et al., 38th JDC, Cameron Parish, LA, 2007-2008. Processes Affecting Wetland Change in the Calcasieu-Sabine Basin with Special Reference to Dorb Energy Corporation Property. Clients: Noble Energy and PITCO USA. John J, O'Connell, Esq., New York, NY, Town of Southampton v. County of Suffolk, 2007-2008. Consulting Expert to Town regarding beach erosion between Westhampton and Georgica Pond related to shore-perpendicular engineering structures. Client: Town of Southampton. Kean, Miller, Hawthorne, D'Armond, McCowan, & Jarman, Baton Rouge, LA, Dorb Energy Corporation v. Carter-Langham et al., 38th JDC, Cameron Parish, LA, 2006. Processes Affecting Wetland Change in the Calcasieu-Sabine Basin with Special Reference to Dor~ Energy Corporation Property. Clients: Transco Exproration, Pitco USA, Ex×onMobil, Samedan Oil, Exchange Oil and Gas. 9/3/2008 Mark R. Byrnes 16 of 20 DLA Piper Rudnick Gray Cary US LLP, New York, NY, Town of Southampton v. County of Suffolk, 2005-2006. Consultant to Town regarding beach erosion between Westhampton to Georgica Pond related to shore-perpendicular engineering structures. Client : Town of Southampton. Kean, Miller, Hawthorne, D'Armond, McCowan, & Jarman, Baton Rouge, LA, Harry Bourg Corporation v. ExxonMobil et al., 32nd JDC, Terrebonne Parish, LA, 2004-2005. Processes Affecting Wetland Change in Terrebonne Parish with Special Reference to Harry Bourg Corporation Property South of Falgout Canal Between Bayou Du Large and the Houma Navigation Canal. Clients: Devon Energy, ExxonMobil, Forest Oil, Denbury Oil, British Petroleum, KCS Energy. Kean, Miller, Hawthorne, D'Armond, McCowan, & Jarman, Baton Rouge, LA, Plaquemines Parish Government v. ChevronTexaco, 2003. Expert regarding historical wetland changes in West Bay, LA. Client: ChevronTexaco. Rubin and Rudman, LLP, Boston, MA, Hyannis Marine Service LTD v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, Civil Action No. 98 CV 11771 WGY, U.S. District Court, Massachusetts, 1999-2000. Sediment Erosion and Deposition Resulting from Steamship Authority Vessel Operations in Hyannis Inner Harbor and the Impact on Sedimentation at Hyannis Marina. Client: Hyannis Marina. Department of Justice, Washington, D.C., Applegate et al. v. the United States of America, 1996- 1999. Coastal Processes Assessment for Brevard County, Florida, with Special Reference to Test Plaintiffs. Client: U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, FL. Research Grants and Contracts U.S. Army Corps of Engineers, Mobile District, Planning and Environmental Division, 2006-2008. Channel Dredging Impacts on Shoreline Response at and Adjacent to Main Pass, Mobile Bay Entrance, Alabama. Principal Investigator. U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 2006-2008. Quantifying Regional Sediment Dynamics in Nearshore Environments: Historical Sediment Pathways, Lateral Inlet and Island Migration, and Detailed Sediment Budgets. Principal Investigator. U.S. Minerals Management Service, Leasing Division, Marine Minerals Branch, 2005-2007. Potential Biological and Physical Impacts of Dredging on Offshore Ridge and Swale Features. Co-Program Manager with Continental Shelf Associates, Inc. U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 2002-2005. Quantifying Inlet Sedimentation Dynamics: Sediment Pathways, Overwash and Island Breaching, Detailed Sediment Budgets, and Navigation Channel Resources. Principal Investigator. ENSR International, 2001. Empire State Newsprint Project: Geophysical and Water Velocity Measurements for the Hudson River Field Program. Principal Investigator. U.S. Minerals Management Service, International Activities and Marine Minerals Division, 2001- 2003. Environmental Surveys of Potential Borrow Areas Offshore Northern New Jersey and Southern New York and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Program Manager. Paragon Engineering, Inc., 2001. Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Transportation System. Principal Investigator. Offshore and Coastal Technologies, Inc. - East Coast, 2000-2001. Sediment Budget Evaluation Using Historical Shoreline and Beach Profile Data: Western Town Line to Horton Point, Southold, NY. Principal Investigator. 9/3/2008 Mark R. Byrnes 17 of 20 U.S. Minerals Management Service, International Activities and Marine Minerals Division, 2000- 2002. Environmental Surveys of Potential Borrow Areas on the East Florida Shelf and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Principal Investigator. ENTRIX, Inc., 1999-2000. Evaluation of Geological and Physical Processes Impacts Associated with the Gulfstream Pipeline, Northeast Gulf of Mexico. Principal Investigator. U.S. Army Corps of Engineers, Coastal and Hydraulics Laboratory, 1999-2002. Sediment Bypassing at Structured Entrances and Geomorphic Change Modeling. Principal Investigator. U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1999- 2001. Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment. Principal Investigator. Rubin and Rudman, LLP, 1999-2000. Sediment Erosion and Deposition Processes in Hyannis Inner Harbor, Hyannis, MA. Principal Investigator. U.S. Army Corps of Engineers, Coastal and Hydraulics Laboratory, 1999. Inlets Online: A Tutorial of Interpreting Aerial Photography for the Analysis of Sediment Transport Patterns and Geomorphic Change at Entrances. Principal Investigator. Massachusetts Coastal Zone Management, 1999. Study of the Environmental Impacts of Offshore Sand Mining. Principal Investigator. Sebastian Inlet Tax District Commission, 1996-1999. Historical Shoreline Change Analysis: Satellite Beach to Fort Pierce Inlet, Florida. Principal investigator. Town of Southold, NY, 1998. Historical Shoreline Change Analysis: Western Town Line to Horton Point, Southold, NY. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1997- 2000. Collection of Environmental Data Within Sand Resoume Areas Offshore North Carolina and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1997- 2000. Environmental Survey of Potential Sand Resoume Sites: Offshore New Jersey. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1997- 1999. Environmental Survey of Identified Sand Resource Sites Offshore Alabama. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Department of Justice, Environmental and Natural Resources Division, 1997-1998. Coastal Change Assessment for Brevard County, FL. Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1996-1998. Historical Sediment Transport Patterns, Columbia River Mouth and Adjacent Shores. Principal Investigator. U.S. Department of Justice, through Texas A&M Research Foundation, 1996. Shoreline and Bathymetric Change Analysis for Assessing Downdrift Impacts Associated with the Port Canaveral Entrance Jetties. Principal Investigator. U.S. Minerals Management Service, Office of International Activities and Marine Minerals, 1996. Environmental Impact Statement to Support Phase I of the Louisiana Barrier Shoreline Feasibility Study (Barataria-Terrebonne Basin Barrier Shoreline Restoration Effort). Principal Investigator. 9/3/2008 Mark R. Byrnes 18 of 20 U.S. Minerals Management Service, Coastal Marine Institute, 1995-1997. Synthesis of Hard Mineral Resources of the Northeast Gulf of Mexico Shelf: Spatial Distribution, Subsurface Evaluation, and Sediment Budget. Principal Investigator, R. McBride Co-Principal Investigator. T. Baker Smith and Sons, Inc., through LA Department of Natural Resources, 1995-1997. Feasibility of Barrier Shoreline Restoration in Coastal Louisiana Coastal Geology, Geomorphology, and Physical Processes. Principal Investigator, R. McBride Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1995-1996. Shoreline and Bathymetric Change in Lake Pontchartrain. Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1995-1996. Geologic Processes Affecting Coastal Erosion in Western Louisiana, Including the Impact of Hurricane Andrew. Principal Investigator, R. McBride Co-Principal Investigator. LA Department of Natural Resources, Coastal Restoration Division, 1995-1996. Assessment of Beach Response to a Segmented Breakwater System: Southwest Louisiana Coast. Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1994-1996. Geographic Information System Development for Evaluating Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture, Analysis, and Management. Principal Investigator. LA Department of Natural Resources, Office of Coastal Restoration and Management, 1994- 1995. Technical Study Advisors for the Coastal Wetlands Planning, Protection, and Restoration Act (CWPPRA): Louisiana Barrier Island Study. Principal Investigator, R.A. McBride Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1994-1995. Geologic Processes Affecting Coastal Erosion in Louisiana, Including the Impact of Hurricane Andrew. Principal Investigator, S. Penland Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1993-1994. Geologic Processes Affecting Coastal Erosion in Western Louisiana, Including the Impact of Hurricane Andrew. Principal Investigator, S. Penland Co-Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1993-1994. Geographic Information System and Relational Database Management System Development: New York Bight Study. Principal Investigator. Federal Emergency Management Agency, Office of Risk Assessment, 1992-1993. Pilot Erosion Rate Data Study - Phase IV: Global Positioning System Survey. Principal Investigator. Argonne National Laboratory and Gas Research Institute, 1992-1993. Coastal Land Loss Classification, Mapping, and Spatial Analysis. Co-Principal Investigator with S. Penland. U.S. Geological Survey, National Coastal Geology Program, 1992-1993. Geological Processes Affecting Coastal Erosion in Western Louisiana: 1991-1996. Co-Principal Investigator. State of Louisiana, Louisiana Education Quality Support Fund Enhancement Program, May- December, 1992. Flat-Bed Scanner and Geographic Information System Equipment for Accurete Computer Mapping of Land Loss in the Coastal Zone. Principal Investigator. Environmental Protection Agency, Barataria-Terrebonne National Estuary Program, June- November, 1992. An Information Management Strategy to Ensure the Compatibility and Accessibility of Data Generated in Conjunction with the Barataria-Terrebonne National Estuary Program. Co-Principal Investigator with L. Wayne. 9/3/2008 Mark R. Byrnes 19 of 20 U.S. Minerals Management Service, 1991-1992. Evaluation and Characterization of Hard Mineral Resources in the Exclusive Economic Zone of Louisiana and Mississippi, Northern Gulf of Mexico. Principal Investigator, S. Penland Co-Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Reseamh Center, 1991-1992. Use of Geographic Information System Technology for Coastal Engineering Applications. Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1991-1992. Geological Processes Affecting Coastal Erosion in Western Louisiana: 1991-1996. Co-Principal Investigator with S. Penland. Federal Emergency Management Agency, Office of RiskAssessment, 1990-1992. Pilot Erosion Rate Data Study - Phases I-Ill. Principal Investigator. Mississippi Office of Geology, Department of Environmental Quality, State of Mississippi, 1990- 1991. Aerial Videotape, Shallow Seismic, and Shoreline Mapping Surveys of Coastal Mississippi. Principal Investigator, S. Penland Co-Principal Investigator. Argonne National Laboratory and Gas Research Institute, 1990-1991. Coastal Land Loss Classification, Mapping, and Spatial Analysis. Co-Principal Investigator with S. Penland. U.S. Minerals Management Service, 1990-1991. Geological, Economic, and Environmental Characterization of Selected Near-Term Leasable Offshore Sand Deposits for Beach Nourishment. Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1988-1990. Numerical Modeling of Cross-Shore Sediment Transport and Beach Profile Change. Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1986-1988. Barrier Island Sedimentation Studies. Co-Principal Investigator with F. Anders. U.S. Army, Sediment Budget and Shoreline Dynamics, Fort Story, Virginia, 1984-1986. Co- Principal Investigator with G.F. Oertel. 9/3/2008 Mark R. Byrnes 20 of 20 JOHN R TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, ~JR. 616 ROANOKE AVENUE RO. BOX 779 RIVERHEAD, NY 11901 (631) 727-4900 FAX(631) 727-7451 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold, New York 11971-0959 Attn: Chairman King and Members of the Board June 24, 2008 Re: Robert F. Bombara - Coastal Erosion Permit and Wetland Permit SCTM #1000 - 54 - 4 - 19 Dear Sir or Madam: I would formally ask the Board to make a decision with regard to the pending applications. The public hearing was held on August 22, 2007. At that time a public comment was put on the record that the Board would seek advice before rendering a decision. My client continues to be harmed by the absence of a permit. As you know, there is no proof that erosion has occurred at the site. In fact, the opposite is true, as is evidenced by the documentation made part of the record at the Trustees' proceedings. Alternate plans have been submitted, none of which are out of character with the neighborhood. In fact, the Trustees have considered and granted permits for additions to residential homes in the area, all of which homes were within the coastal erosion hazard area as mapped. ~f Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg cc: Robert F. Bombara June 24, 2008 P.S.: As a reminder, clearly my client's environmental consultants have produced written reports which justify issuing a building permit for each or any of the alternate proposals submitted. I enclose an additional copy of their report filed by Aram V. Terchunian, President, First Coastal, and the report of Dr. R.W. Abrams, CEP of Dru Associates, Inc. I would also note, as I have in the past, the Board's approval of the Betsch application. As noted by Mr. Betsch's counsel and experts, there is no justification for a denial ora permit. Furthermore, the affidavit of John Ehlers, Land Surveyor, verified the absence of erosion. The Board recently granted Mr. Bombara's neighbor a permit for a non-major addition. Mr. Bombara supports the granting of that permit. The alternative plans proposed provide no greater size of structure than those in the neighborhood, and as last proposed, provide a similar set back from the beach area. Wednesday, October 17, 2007 Peter S. Danowski PO Box 779 Riverhead, NY 11901 RE: Robert Bombara 1725 North Sea Drive Southold NY SCTM # 54-4-19 DearMr. Danowski: I conducted a site inspection at the above property on September 20, 2007. In addition, I conducted a literature review of existing coastal studies of this area of the Southold Long Island Sound shoreline. Based on these reviews, the area in question appears to be a beach and the proposed development consistent with the size and location of existing development. GeoloRic SettinR The area between Horton Point and Duck Pond Point is a deposition area for sand. Brought into this sweeping embayment by tides, currents and waves. Sediments have been accumulating in this embayment for thousands of years, since the retreat of the last glaciers. The most prominent geomorphic features north of the bluffs are beach ridges that are most apparent from an aerial perspective. These Iow relief features mark locations of past shorelines and the intervening lower areas denotes sand that has accreted seaward of the old shoreline. There are at least two sets of beach ridges in this area. One runs just soundward of the pond system and the other runs just soundward of the road area (although its does appear to cross the road in several places). Beach ridges are relict features and typically vegated with mature shrubs and trees such as eastern red cedar, large bayberry and beach plum, as well as Iow growing heather and heath. They are typically very stable features. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 FIRST Figure 1 Location of Bombara property Site inspection My site inspection of 9/20/07 reinforced many of the observations made from the aerial photographic analysis. The project site and the entire area is made up of tow profile beach ridges dominated by mature vegetation. Moreover, a large portion of the site is sandy beach that is void of any vegetation. Between these two areas is a margin of beach grass. Several photographs taken on that day confirm these observations. The site staking shows the proposed location of a house that is consistent with the north/south location of other houses in the vicinity. A diagram depicting this condition in enclosed. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.flrstcoastaLnet Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 Figure 2 View to the north as one enters the property. Note mature vegetation, Figure 3 View to the north after entering the property, Note mature vegetation. First Coastal Corporation, Post Office Box 1212 Westhampton Beach. NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 w'c,'w,firstcoastaLnet Environmental Consulting and Construction. Permits to Construction, Preserving the coast since 1975 Figure 4 Sandy beach with margin of beach grass. Figure 5 Mature shrubs to the south and beach grass to the north. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 ~,v.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 Figure 6 Seaward trend of existing development Literature Review I also conducted a literature review of the project area. I attach a portion of the report by Davies, Axelrod and O'Conner from 1973 that discusses this section of shoreline in particular as part of a comprehensive evaluation of the entire North Shore of Long Island.. Davies, et al conducted investigations and developed a Beach Utility Index (BUI) that was used to describe different segments of shoreline. The entire north shore of Long Island was divided into 158 segments. The project area is between segments 137 and 138. In Table 3-5 of the Davies report, both segments are found to have "No bluff or dune". This is derived by looking at the "Natural Protection Barriers" columns of Table 3-5 where a value of "6" is given for segments 137 and 138. Referring to Table 3-4 that defines each value, a "6" is defined as "No bluff or dune". Note also that in Table 3-4 there is a notation that if a dune exists seaward a bluff that a "d" is added to the number value. There is no "d" in the Natural Protection Barrier designation for either segment 137 or 138. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288~8949 vcczw,firstcoastaLnet Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 In conclusion, my review of aerial photographs, site conditions, and the literature show this section of shoreline to be dominated by Iow profile beach ridges that are vegetated by mature shrubs and tree fronted by a sandy beach and argin of beach grass. The comprehensive report by Davies et al in 1973 identified this shoreline as having "No bluff or dune" I have attached my Curriculum Vitae for your information. Please advise if there is additional information that you require. Sincerely, President First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 FIRS T ARAM V. TERCHUNIAN, M. Sc. Curriculum Vitae Areas of Expertise * Geomorphology, coastal processes, coastal hazard and erosion analysis * Wetlands delineation, permitting and erosion control construction * Environmental science and resource management * Endangered species monitoring and management * Zoning analysis and interpretation Experience * 1990 to Present, First Coastal Corporation - President Responsible for all aspects of the firms consulting and construction services for coastal property owners, municipalities, and associations. * 1999 to Present - Commissioner of Wildlife Protection - Village of West Hampton Dunes Appointed by the Village of West Hampton Dunes to perform duties ordered by U.S. Federal Court in Consent Judgment Rapf Et. Al. vs. Suffolk County, including piping plover monitoring and protection, as well as coordination with Endangered Species Agencies. * 1988 to 1990 Coastal Stabilization, Inc. - Regional Manager of Development Market development and technical sales for the development of a proprietary beach stabilization product. Prepared and executed marketing strategy, prepared and presented technical results at national and international conferences, and presented proposals and RFP responses to local, State, and Federal agencies. * 1984 to 1988, New York State, Department of State, Division of Coastal Resources Coastal Hazards Supervisor responsible for review and recommendations for improvement of existing coastal hazard area management programs in New York State, including coastal erosion hazard areas, flood protection, and disaster relief. Represented the Secretary of State in post coastal disaster survey, assessment, and evaluation teams. Reviewed erosion control and coastal area development actions within coastal hazards areas in New York's coastal zone. * 1982 to 1983, University of Delaware and Ecuadorian Remote Sensing Agency Technical Advisor Instructed Ecuadorian nationals in the use of remote sensing techniques for natural resources mapping including mangroves, coastal erosion, sea surface temperatures, and Amazon land use changes. Prepared grant application for Space Shuttle Imaging Radar mission. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 FI Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 Education * M. Sc. Marine Studies (Coastal Geology), University of Delaware, 1984. M. Sc. Thesis: Hen and Chickens Shoal, Delaware: Evolution of a Modern Tidal Shoal * B. S. Environmental Science and Resource Management (Geology), Lehigh University, 1980 * Endangered Species Training - see attached * Peace Officer, Division of Criminal Justice, State of New York 2000, Completed all required Training and Examination of the Municipal Police Training Council Publications *Daley, W., C. Jones, T.G. Mootoo, A.V. Terchunian, and G. Vegliante, 2000, A Blueprint for Coastal Management: The West Hampton Dunes Story, Shore and Beach, January 2000, V68, N1, pp 25-29. *Terchunian, A.V. and J.A. Smith, 1998, An Economic Snapshot of Long Island's Barrier Island System, Shore and Beach, October 1998, V66, No. 4, pp9-11. * Spencer, R., and A.V. Terchunian, 1997, The Sand Thieves of Long Island's South Shore, Shore and Beach, July 1997, V65, No. 3, pp 4-12. * Terchunian, A.V., and C.L. Merkert, 1995, Little Pikes Inlet, Westhampton, New York, Journal of Coastal Research, V 11, n 3, pp 697-703. * Psuty, N.P., P.A. Gares, M. Kearney, and A. Terchunian, 1992, Coastal Environments: A Field Symposium of the Mid-Atlantic Bight Coastal Zone. Guidebook, Center for Coastal and Environmental Studies, Institute of Marine and Coastal Sciences, Rutgers University, New Brunswick, NJ, 79 pp. * Terchunian, A. V., 1990, Performance of Beachface Dewatering: The STABEACH System at Sailfish Point (Stuart), Florida, In Proceedings of the 1990 Conference on Beach Preservation Technology, St. Petersburg, FL. * Ball, Sally, F., P. R. Lanza, and A. V. Temhunian, 1989, Coastal Hazard Area Management in New York State, in Proceedings of Coastal Zone '89, Charleston, South Carolina, pp. 4749 - 4760. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.flrstcoastaLnet Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 FIRST * Temhunian, A. V., 1988, Can Seawalls and Beaches Coexist?, in Journal of Coastal Reseamh, Special Issue 4, Autumn, 1988 Kraus, N. and O. H. Pilkey (eds.) * Terchunian, A. V., and C. H. Fletcher, III, 1984, Current and Shoreline Effects of Shore Perpendicular Structures, in Proceedings of the 10th Annual Coastal Society Conference, Atlantic City, NJ * Temhunian, A. V., V. Klemas, A. Alverez, B, Vasconez, and L. Guerrero, 1984, The Effect of Shrimp Pond Development on Mangroves, In Environmental Management, vl0 n3. Professional Affiliations Association of Field Ornithologists, Member American Littoral Society, Member American Shore and Beach Preservation Association, Member Association of State Floodplain Managers, Member Coastal Education Research Foundation, Member Florida Shore and Beach Preservation Association, Member Group for the South Fork, Member Lehigh University Earth & Environmental Sciences Alumni Advisory Board, Member Long Island Coastal Alliance, Member Long Island Shore and Beach Preservation Association, President Northeast Shore and Beach Preservation Association, Board of Directors Peconic Land Trust, Member Southampton Business Alliance, Vice President Surfrider Foundation, Member The Coastal Society, Member Westhampton Beach School Board, Vice President First Coastal Corporation, Post Office Box 1212 Westhamptoo Beach, NY 11978 Phone: 631~288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 FIRST Technical Re~ort No. 18 EROSION OF '~ NORTH S~ORE OF LONG ISLAND D. S. Davies E. W. Axelrod J. S. O'Connor June 1973 Prepared with support from the Nassau-Suffolk Regional Planning Board New York State Sea Grant Program Marine Sciences Research Center State University of New York Stony Brook, New York 11790 Fig. 3-27. 137-138 1.9E 138-139 0.TE 139-140 0.4E 140-141 0.SA NORTH SOUTHOLD Central Southold Township. 1 1-6 16 91-96 2 6-17 17 96-101 3 17-27 18 101-104 4 27-35 19 104-107 5 35-41 20 107-111 6 41-49 21 111-115 ? 49-55 22 115-118 8 55-59 23 118-123 9 59-67 24 123-127 10 67-71 25 127-132 11 71-74 26 132-137 12 74-78 27 137-141 13 78-81 28 141-145 14 61-85 29 145-152 15 85-91 30 152-158 Table 3-5 BEACH UTILITY INDEX (con't.) Station Number Natural Protection Barriers 126 3 127 2 128 6 129 130 3 131 3 132 3 133 3 134 4 135 6 136 6 137 6 138 6 139 3 140 6 141 6 142 4 143 4 144 145 3 146 4 147 4 148 5 149 6 150 5 Shoreline Beach Erosion/Accretion Width Forebeach Grain Size Backbeach Beach Grain Size Access 4 3 1 4 5 5 3 7 5 5 5 3 4 4 3 6 7 6 2 4 5 1 $ 5 2 6 6 4 5 3 7 6 3 3 4 1 4 4 4 ? 3 6 4 4 3 1 6 5 5 2 1 2 4 2 2 3 5 5 6 3 1 2 6 4 4 3 2 5 6 5 5 T~bLe 3-4. MEANIN61 OF BEAC~ UTILITY ~NDEX NDMBBI~ FOR ~AC~ C~%~ACTE~tIST~C Index Natural Protection Shoreline Beach ' Foreshore Backehore Beach Number* Barriers* (Elevation Ercl~on (m)/Aecrehion (A) Width ~dian M~dian (~) 1 Bluff~ 150 > ~.~ > 150 < 2.0 < 2.0 E~en~l~ Park~g 2 Bluff.. 101-150 0.~E 126-150 2.0-3.9 2.0-~.9 Park~g 3 Bluff~ B1-100 0.1Er0.5E 101-125 4-7.9 4-7.9 P~lic 4 Bluff~ 11-50 0.6E--1.~ 76-100 8-15.9 8-15.9 5 Bluff: ~_ 10 1.1E-1.SE 51-75 16-31.9 16-31.9 Private or Dune Reed 6 No Bluff or Duns 1.6E-2.0~ 26-50 32-63.9 32-63.9 Walking Only 7 · 2.0E 1-25 > 64 · 64 8 No Beech *A "d" following an index ~-ml~sr for nature1 protection barriers indicates the prszancs of e dune seaward of a bluff. Ecu o.qical Consultants 40 Hitching Post Lane, Glen Cove, NY 11542 21 Mt. Ponds, Box 311, Wilmington, VT 05363 (516) 676-7107 (802) 464-3341 October 17, 2007 Mr. Peter S. Danowski, Esq. 616 Roanoke Ave Riverhead, NY 11901 Re: Robert Bombara, Southold, coastal zone permits Dear Peter: Dru Associates, Inc. has reviewed the proposed development by Bombara, visited the site and consulted with other experts in developing our opinion concerning enviromnental protection at this site. Our findings follow, in which we reflect DEC's CEHA regulations (6NYCRR Part 505) in italics, in order to explain the potential impacts on the environment from this proposal (our response to each item in normal type face): Background New York State developed the Coastal Erosion Hazard Area program to identify and protect from erosion all areas of the State's coastline that are subject to such impacts. "Activities, development or other action in erosion hazard areas should be undertaken to minimize damage to property, and prevent the exacerbation of erosion hazards. Some actions may be restricted or prohibited if necessary to protect natural protective features or to prevent or reduce erosion impacts." Moreover, the policy of the State is to discourage actions within the designated zones unless it can be shown that these actions include "...erosion protection or non-structural measures which are most likely to prevent damage from effects of erosion during the anticipated life of such proposed actions." The eEHA (Article 34 of the Environmental Conservation Law) is intended to prevent and reduce erosion by preserving natural protective features through regulation of actions within or adjacent to the nearshore zone that could remove or reduce the effectiveness of these features. The Act requires the placement of new construction at safe distances from areas of active erosion, with the intent of keeping these facilities out of areas typically impacted by coastal storms. The Act establishes procedures for local program implementation and encourages administration of coastal erosion management programs by affected municipalities, such as Southold Township. However, since the intent of the Act is directly related to protection of shoreline structures, its protection of natural coastal features is not aimed at the features themselves, but at the function such features serve in protecting coastal resources. Hence, in establishing standards for the issuance of coastal erosion management permits, the law provides for continued use of the State's Coastal zone, and outright prohibition of development was never the intent. In other State regulations, such as for tidal wetlands, the intent of the law was to protect the wetland resources for their own intrinsic ecological function (which functions are specifically listed in those Acts). In the CEHA program, the functional values of the natural features are expressly aimed at protecting structures against erosion, and where development can occur without threat of erosion or expansion of the impacts, development can occur. Accordingly, permit issuance standards (6NYCRR Part 505) require that a proposed activity: a. is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location; b. will not be likely to cause a measurable increase in erosion at the proposed site or other locations; and c. prevents, ff possible, or minimizes adverse effects on: *natural protective features and their functions and protective values as described in section 505.3; *existing erosion protection structures; and *natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. Site Specific Conditions at the Bombara property With respect to the defined functional benefits of the CEHA, the regulations list a wide array of natural features that offer varying amounts of protection to the shoreline from wind and water erosion (i.e., beaches, bluffs, dunes and nearshore areas including vegetated habitats). The regulations were designed to prevent activities that may "diminish or eliminate entirely" the protective function of the natural features. 2 The functions of different types of natural protective features are context-specific, so that issuance of a permit must consider the protective functions that "specific types of natural protective features provide ', and the relationship between each site's specific, natural features and the local coastal processes. At the Bombara site, the specific features that provide protection for this stretch of coastline are herein evaluated to show how the conservation of their functions relate to the proposed residence: At the Bombara site, the predominant land cover is beach to a point some 130 feet inland of mean high water, and a 'back-beach' area which is covered with 'beach ridges" and scrub-shrub habitat that has grown up over these slightly elevated sandy areas (see report by First Coastal Consultants describing the Bombara site). According to DEC, "Beaches buffer shorelandsfrom erosion by absorbing wave energy that otherwise wouM be expended on the toes of bluffs or dunes." While the project site beach provides for absorption of wave energy, there are no dunes or bluffs within reach of the shoreline at this site, and recent evidence indicates that the inshore area (where the Bombara home is proposed) has not been topographically altered by storms for many years. The homesite area is relatively level, except for the 'sand ridges', so that there are no dunes or bluffs within this CEHA zone that are subject to washout. Therefore, the lot would not be subject to the loss of its erosion protection function if it is developed for residential use, provided the homesite is established using the same topography that is now present at the site. DEC also notes that "Beaches also act as a reservoir of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation. " At the Bombara site, the topography of the main beachfront is sufficiently separated and slightly elevated from the proposed development area by a rise in elevations to a slope facing the water, so it is not often that littoral transport delivers material inland on this site. Nevertheless, accretion of sand along this coastal area over recent decades has evidently occurred, judging by the 'sand ridges', which are raised sand mounds that are well vegetated with shrubs and grasses. Within the development area, these clumps of scrub-shrub habitat are acting to stabilize the sands effected by wind, and the persistence of these 'sand ridges' is evident from the age and density of the vegetation upon them., A homesite can be developed without disturbing most of the vegetation (i.e., the natural features protecting the area from erosion impacts), and supplemental plantings of baccharis and bayberry can be added to enhance the vegetative component of erosion protection on the developed lot, and seaward of the house to further support the rear of the beachfront. Permit Issuance Standards The CEHA provides regulatory standards aimed at protecting shoreline structures from storm-related damage. Some specific guidance is provided for the type of habitat in which the Bombara property is located: For a project such as the Bombara proposal, located inland of a beach area, the following requirements apply to regulated activities on and near beaches: (1) Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited. The development of this residence will be done in such a manner as to avoid significant re-grading of any of the areas currently buffering the homesite from erosion impacts. (2) All development is prohibited on beaches unless specifically allowed by this subdivision. This project therefore requires a permit under the CEHA program. (3) The normal maintenance of structures may be undertaken without a coastal erosion management permit. Currently, there is a homesite adjacent to the Bombara site which is routinely maintained in similar habitat, and at which there are no signs of loss of erosion protection attributable to the presence of the homesite. (4) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. Not applicable. (5) Nonmajor additions to existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. Not applicable. (6) The following restrictions apply to the use of motor vehicles ot~ beaches: Not applicable. (7) A coastal erosion management permit for deposition of material on beaches will be issued only for expansion or stabilization of beaches; clean sand, or gravel of an equivalent or slightly larger grain size, must be used. The preparation of the Bombara homesite will be conducted using only clean sand and gravel that permits ready percolation of stormwater. (8) Beach grooming or clean-up operations do not require a coastal erosion management permit. Not applicable. (9) A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves, boardwalks, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishmenL A permit has been rcguested for Bombara. (lO) Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department. The site in question is not considered a bird breeding habitat. Conclusion Accordingly, the Bombara proposal complies with the permit issuance standards required for a CEHA permit (6NYCRR Part 505), in that the proposed activity: d. is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location; Thc landowner has no other property in the Town at which they can abide. e. will not be likely to cause a measurable increase in erosion at the proposed site or other locations; and The site does not contain a physiography that is subject to erosion since there is evidence of recent accretion of sand and the sand ridges demonstrate stability, and the neighbor's homesite on similar ground does show evidence for erosion impacts. jr prevents, if possible, or minimizes adverse effects on: *natural protective features and their functions and protective values as described in section 505.3; The natural protective features, beach and sand ridges, are stable and their protective functions will not be altered by the proposed development. *existing erosion protection structures; and No structures exist now. *natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. The site does not support significant fish and wildlife, nor is it a host site fro shoreline bird breeding or any other threatened or endangered species. 5 Finally, it is the opinion of Dru Associates that the issuance of a permit for development of the Bombara lot is compatible with both CEHA and Tidal Wetlands protection, since the resources protected by either of these programs will remain unaltered by the proposed home. Please feel free to contact us if we can provide further information. Sincerely, Dr. R.W. Abr,~,a~s, CEP ~ Rq~i~AI.D W. ABRA[~S ~ 6 JOHN R TAGGAR~ ESQ. LAW OFFICES PETER S. DANOWSKI, dR. 616 ROANOKE AVENUE RO. BOX 779 RIVERHEAD, NY 11901 (631) 727-4900 FAX(631) 727-7451 October 31, 2007 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold, New York 11971-0959 Attn: Lauren Standish NOV - 1 Re: Robert F, Bombara - 1725 North Sea Drive, Southold SCTM #1000 - 54 - 4 - 19 Dear Lauren: Enclosed find a hard copy of Mr. Terchunian's report, and a hard copy of Mr. Abrams' report, for filing at your office. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. P.S.: As to the jurisdictional issue regarding any tidal wetlands permit, note that Building Permit Survey - Alternate 3, depicts all improvements more than 150 feet from tidal wetlands. Ecu o.qical Consultants 40 Hitching Post Lane, Glen Cove, NY 11542 21 Mt. Ponds, Box 311, Wilmington, VT 05363 (516) 676-7107 (802) 464-3341 October 17, 2007 Mr. Peter S. Danowski, Esq. 616 Roanoke Ave Riverhead, NY 11901 Re: Robert Bombara, Southold, coastal zone permits Dear Peter: Dru Associates, Inc. has reviewed the proposed development by Bombara, visited the site and consulted with other experts in developing our opinion concerning environmental protection at this site. Our findings follow, in which we reflect DEC's CEHA regulations (6NYCRR Part 505) in italics, in order to explain the potential impacts on the environment from this proposal (our response to each item in normal type face): Background New York State developed the Coastal Erosion Hazard Area program to identify and protect from erosion all areas of the State's coastline that are subject to such impacts. "Activities, development or other action in erosion hazard areas should be undertaken to minimize damage to property, and prevent the exacerbation of erosion hazards. Some actions may be restricted or prohibited if necessary to protect natural protective features or to prevent or reduce erosion impacts." Moreover, the policy of the State is to discourage actions within the designated zones unless it can be shown that these actions include "...erosion protection or non-structural measures which are most likely to prevent damage from effects of erosion during the anticipated life of such proposed actions." The CEHA (Article 34 of the Environmental Conservation Law) is intended to prevent and reduce erosion by preserving natural protective features through regulation of actions within or adjacent to the neat'shore zone that could remove or reduce the effectiveness of these features. The Act requires the placement of new construction at safe distances from areas of active erosion, with the intent of keeping these facilities out of areas typically impacted by coastal storms. The Act establishes procedures for local program implementation and encourages administration of coastal erosion management programs by affected municipalities, such as Southold Township. However, since the intent of the Act is directly related to protection of shoreline structures, its protection of natural coastal features is not aimed at the features themselves, but at the function such features serve in protecting coastal resources. Hence, in establishing standards for the issuance of coastal erosion management permits, the law provides for continued use of the State's Coastal zone, and outright prohibition of development was never the intent. In other State regulations, such as for tidal wetlands, the intent of the law was to protect the wetland resources for their own intrinsic ecological function (which functions are specifically listed in those Acts). In the CEHA program, the functional values of the natural features are expressly aimed at protecting structures against erosion, and where development can occur without threat of erosion or expansion of the impacts, development can occur. Accordingly, permit issuance standards (6NYCRR Part 505) require that a proposed activity: a. is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location; b. will not be likely to cause a measurable increase in erosion at the proposed site or other locations; and c. prevents, if possible, or minimizes adverse effects on: *natural protective features and their functions and protective values as described in section 505. 3; *existing erosion protection structures; and *natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. Site Specific Conditions at the Bombara property With respect to the defined functional benefits of the CEHA, the regulations list a wide array of natural features that offer varying amounts of protection to the shoreline from wind and water erosion (i.e., beaches, bluffs, dunes and nearshore areas including vegetated habitats). The regulations were designed to prevent activities that may "diminish or eliminate entirely" the protective function of the natural features. The functions of different types of natural protective features are context-specific, so that issuance of a permit must consider the protective functions that "specific types of natural protective features provide ", and the relationship between each site's specific, natural features and the local coastal processes. At the Bombara site, the specific features that provide protection for this stretch of coastline are herein evaluated to show how the conservation of their functions relate to the proposed residence: At the Bombara site, the predominant land cover is beach to a point some 130 feet inland of mean high water, and a 'back-beach' area which is covered with 'beach ridges" and scrub-shrub habitat that has grown up over these slightly elevated sandy areas (see report by First Coastal Consultants describing the Bombara site). According to DEC, "Beaches buffer shorelandsfrom erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes." While the project site beach provides for absorption of wave energy, there are no dunes or bluffs within reach of the shoreline at this site, and recent evidence indicates that the inshore area (where the Bombara home is proposed) has not been topographically altered by storms for many years. The homesite area is relatively level, except for the 'sand ridges', so that there are no dunes or bluffs within this CEHA zone that are subject to washout. Therefore, the lot would not be subject to the loss of its erosion protection function if it is developed for residential use, provided the homesite is established using the same topography that is now present at the site. DEC also notes that "Beaches also act as a reservoir of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation." At the Bombara site, the topography of the main beachfront is sufficiently separated and slightly elevated from the proposed development area by a rise in elevations to a slope facing the water, so it is not often that littoral transport delivers material inland on this site. Nevertheless, accretion of sand along this coastal area over recent decades has evidently occurred, judging by the 'sand ridges', which are raised sand mounds that are well vegetated with shrubs and grasses. Within the development area, these clumps of scrub-shrub habitat are acting to stabilize the sands effected by wind, and the persistence of these 'sand ridges' is evident from the age and density of the vegetation upon them., A homesite can be developed without disturbing most of the vegetation (i.e., the natural features protecting the area from erosion impacts), and supplemental plantings of baccharis and bayberry can be added to enhance the vegetative component of erosion protection on the developed lot, and seaward of the house to further support the rear of the beachfront. 3 Permit Issuance Standards The CEHA provides regulatory standards aimed at protecting shoreline structures from storm-related damage. Some specific guidance is provided for the type of habitat in which the Bombara property is located: For a project such as the Bombara proposal, located inland of a beach area, the following requirements apply to regulated activities on and near beaches: (1) Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited. The development of this residence will be done in such a manner as to avoid significant re-grading of any of the areas currently buffering the homesite from erosion impacts. (2) Ail development is prohibited on beaches un/ess specifically allowed by this subdivision. This project therefore requires a permit under the CEHA program. (3) The normal maintenance of structures may be undertaken without a coastal erosion management permit. Currently, there is a homesit¢ adjacent to the Bombara site which is routinely maintained in similar habitat, and at which there are no signs of loss of erosion protection attributable to the presence of the homesite. (4) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. Not applicable. (5) Nonmajor additions to existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. Not applicable. (6) The following restrictions apply to the use of motor vehicles on beaches: Not applicable. (7) A coastal erosion management permit for deposition of material on beaches will be issued only for expansion or stabilization of beaches; clean sand, or gravel of an equivalent or slightly larger grain size, must be used. The preparation ofthe Bombarahomesite willbe conducted using only clean sand and gravel that permits ready percolation of stormwater. (8) Beach grooming or clean-up operations do not require a coastal erosion management permit. Not applicable. (9) A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves, boardwalks, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment. A permit has been requested for Bombara. (10) Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department. The site in question is not considered a bird breeding habitat. Conclusion Accordingly, the Bombara proposal complies with the permit issuance standards required for a CEHA permit (6NYCRR Part 505), in that the proposed activity: d. is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location; The landowner has no other property in the Town at which they can abide. e. will not be likely to cause a measurable increase in erosion at the proposed site or otherlocations; and The site does not contain a physiography that is subject to erosion since there is evidence of recent accretion of sand and the sand ridges demonstrate stability, and the neighbor's homesite on similar ground does show evidence for erosion impacts. f prevents, if possible, or minimizes adverse effects on: *natural protective features and their functions and protective values as described in section 505.3; The natural protective features, beach and sand ridges, are stable and their protective functions will not be altered by the proposed development. *existing erosion protection structures; and No structures exist now. *natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. The site does not support significant fish and wildlife, nor is it a host site fro shoreline bird breeding or any other threatened or endangered species. 5 Finally, it is the opinion of Dru Associates that the issuance of a permit for development of the Bombara lot is compatible with both CEHA and Tidal Wetlands protection, since the resources protected by either of these programs will remain unaltered by the proposed home. Please feel free to contact us if we can provide further information. Sincerely, Dr. R.W. Abr,.~a~,s, CEP 2 R2~IALD W. ABRAMS 6 Wednesday, October 17, 2007 Peter S. Danowski PO Box 779 Riverhead, NY 11901 RE: Robert Bombara 1725 North Sea Drive Southold NY SCTM # 54-4-19 Dear Mr. Danowski: I conducted a site inspection at the above property on September 20, 2007. In addition, I conducted a literature review of existing coastal studies of this area of the Southold Long Island Sound shoreline. Based on these reviews, the area in question appears to be a beach and the proposed development consistent with the size and location of existing development. GeoloRic Settin,q The area between Horton Point and Duck Pond Point is a deposition area for sand. Brought into this sweeping embayment by tides, currents and waves. Sediments have been accumulating in this embayment for thousands of years, since the retreat of the last glaciers. The most prominent geomorphic features north of the bluffs are beach ridges that are most apparent from an aerial perspective. These Iow relief features mark locations of past shorelines and the intervening lower areas denotes sand that has accreted seaward of the old shoreline. There are at least two sets of beach ridges in this area. One runs just soundward of the pond system and the other runs just soundward of the road area (although its does appear to cross the road in several places). Beach ridges are relict features and typically vegated with mature shrubs and trees such as eastern red cedar, large bayberry and beach plum, as well as Iow growing heather and heath. They are typically very stable features. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 Figure 1 Location of Bombara property Site Inspection My site inspection of 9/20/07 reinforced many of the observations made from the aerial photographic analysis. The project site and the entire area is made up of Iow profile beach ridges dominated by mature vegetation. Moreover, a large portion of the site is sandy beach that is void of any vegetation. Between these two areas is a margin of beach grass. Several photographs taken on that day confirm these observations. The site staking shows the proposed location of a house that is consistent with the north/south location of other houses in the vicinity. A diagram depicting this condition in enclosed. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www~firstcoastal.net Environmental Consulting and Construction. Permits to Construction, Preserving the coast since 1975 Figure 2 View to the north as one enters the property. Note mature vegetation. Figure 3 View to the north after entering the property. Note mature vegetation. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 FIRS I Figure 4 Sandy beach with margin of beach grass. Figure 5 Mature shrubs to the south and beach grass to the north. First Coastal Corporation, Post Qffice Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288~8949 www.firstcoastaLnet Environmental Consulting and Construction. Permits to Constructiom Preserving the coast since 1975 Figure 6 Seaward trend of existing development Literature Review I also conducted a literature review of the project area. I attach a portion of the report by Davies, Axelrod and O'Conner from 1973 that discusses this section of shoreline in particular as part of a comprehensive evaluation of the entire North Shore of Long Island.. Davies, et al conducted investigations and developed a Beach Utility Index (BUI) that was used to describe different segments of shoreline. The entire north shore of Long Island was divided into 158 segments. The project area is between segments 137 and 138. In Table 3-5 of the Davies report, both segments are found to have "No bluff or dune". This is derived by looking at the "Natural Protection Barriers" columns of Table 3-5 where a value of "6" is given for segments 137 and 138. Referring to Table 3-4 that defines each value, a "6" is defined as "No bluff or dune". Note also that in Table 3-4 there is a notation that if a dune exists seaward a bluff that a "d" is added to the number value. There is no "d" in the Natural Protection Barrier designation for either segment 137 or 138. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastaLnet Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 In conclusion, my review of aerial photographs, site conditions, and the literature show this section of shoreline to be dominated by Iow profile beach ridges that are vegetated by mature shrubs and tree fronted by a sandy beach and argin of beach grass. The comprehensive report by Davies et al in 1973 identified this shoreline as having "No bluff or dune" I have attached my Curriculum Vitae for your information. Please advise if there is additional information that you require. Sincerely, President First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 FIRS. T ARAM V. TERCHUNIAN, M. Sc. Curriculum Vitae Areas of Expertise * Geomorphology, coastal processes, coastal hazard and erosion analysis * Wetlands delineation, permitting and erosion control construction * Environmental science and resource management * Endangered species monitoring and management * Zoning analysis and interpretation Experience * 1990 to Present, First Coastal Corporation - President Responsible for all aspects of the firms consulting and construction services for coastal property owners, municipalities, and associations. * 1999 to Present - Commissioner of Wildlife Protection - Village of West Hampton Dunes Appointed by the Village of West Hampton Dunes to perform duties ordered by U.S. Federal Court in Consent Judgment Rapf Et. Al. vs. Suffolk County, including piping plover monitoring and protection, as well as coordination with Endangered Species Agencies. * 1988 to 1990 Coastal Stabilization, Inc. - Regional Manager of Development Market development and technical sales for the development of a proprietary beach stabilization product. Prepared and executed marketing strategy, prepared and presented technical results at national and international conferences, and presented proposals and RFP responses to local, State, and Federal agencies. * 1984 to 1988, New York State, Department of State, Division of Coastal Resources Coastal Hazards Supervisor responsible for review and recommendations for improvement of existing coastal hazard area management programs in New York State, including coastal erosion hazard areas, flood protection, and disaster relief. Represented the Secretary of State in post coastal disaster survey, assessment, and evaluation teams. Reviewed erosion control and coastal area development actions within coastal hazards areas in New York's coastal zone. * 1982 to 1983, University of Delaware and Ecuadorian Remote Sensing Agency Technical Advisor Instructed Ecuadorian nationals in the use of remote sensing techniques for natural resources mapping including mangroves, coastal erosion, sea surface temperatures, and Amazon land use changes. Prepared grant application for Space Shuttle Imaging Radar mission. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 w'ww.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 Education * M. Sc. Marine Studies (Coastal Geology), University of Delaware, 1984. M. Sc. Thesis: Hen and Chickens Shoal, Delaware: Evolution of a Modern Tidal Shoal * B. S. Environmental Science and Resource Management (Geology), Lehigh University, 1980 * Endangered Species Training - see attached * Peace Officer, Division of Criminal Justice, State of New York 2000, Completed all required Training and Examination of the Municipal Police Training Council Publications *Daley, W., C. Jones, T.G. Mootoo, A.V. Terchunian, and G. Vegliante, 2000, A Blueprint for Coastal Management: The West Hampton Dunes Story, Shore and Beach, January 2000, V68, N1, pp 25-29. *Terchunian, A.V. and J.A. Smith, 1998, An Economic Snapshot of Long Island's Barrier Island System, Shore and Beach, October 1998, V66, No. 4, pp9-11. * Spencer, R., and A.V. Terchunian, 1997, The Sand Thieves of Long Island's South Shore, Shore and Beach, July 1997, V65, No. 3, pp 4-12. * Terchunian, A.V., and C.L. Merkert, 1995, Little Pikes Inlet, Westhampton, New York, Journal of Coastal Research, V 11, n 3, pp 697-703. * Psuty, N.P., P.A. Gares, M. Kearney, and A. Terchunian, 1992, Coastal Environments: A Field Symposium of the Mid-Atlantic Bight Coastal Zone. Guidebook, Center for Coastal and Environmental Studies, Institute of Marine and Coastal Sciences, Rutgers University, New Brunswick, NJ, 79 pp. * Terchunian, A. V., 1990, Performance of Beachface Dewatering: The STABEACH System at Sailfish Point (Stuart), Florida, In Proceedings of the 1990 Conference on Beach Preservation Technology, St. Petersburg, FL. * Ball, Sally, F., P. R. Lanza, and A. V. Terchunian, 1989, Coastal Hazard Area Management in New York State, in Proceedings of Coastal Zone '89, Charleston, South Carolina, pp. 4749 - 4760. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 * Terchunian, A. V., 1988, Can Seawalls and Beaches Coexist?, in Journal of Coastal Research, Special Issue 4, Autumn, 1988 Kraus, N. and O. H. Pilkey (eds.) * Terchunian, A. V., and C. H. Fletcher, III, 1984, Current and Shoreline Effects of Shore Perpendicular Structures, in Proceedings of the 10th Annual Coastal Society Conference, Atlantic City, NJ * Terchunian, A. V., V. Klemas, A. Alverez, B, Vasconez, and L. Guerrero, 1984, The Effect of Shrimp Pond Development on Mangroves, In Environmental Management, vl0 n3. Professional Affiliations Association of Field Ornithologists, Member American Littoral Society, Member American Shore and Beach Preservation Association, Member Association of State Floodplain Managers, Member Coastal Education Research Foundation, Member Florida Shore and Beach Preservation Association, Member Group for the South Fork, Member Lehigh University Earth & Environmental Sciences Alumni Advisory Board, Member Long Island Coastal Alliance, Member Long Island Shore and Beach Preservation Association, President Northeast Shore and Beach Preservation Association, Board of Directors Peconic Land Trust, Member Southampton Business Alliance, Vice President Surfrider Foundation, Member The Coastal Society, Member Westhampton Beach School Board, Vice President First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 Technical Report No. 18 E~OSION OF '~ NORTH S~ORE OF LONG ISLAND D. S. Davies E. W. Axalrod J. S. O'Connor June 1973 Prepared with support from the Nassau-Suffolk Regional Planning Board and New York State Sea Grant Program Marina Sciences Research Center State University of New York Stony Brook, New York 11790 137-138 1.gE 138-139 0.TE 139-140 0.4E 140-141 0.SA NORTH SOUTHOLD Fig. 3-27. Centra! Southo~ LON8 ISLAND SOUND ~ .......... iiZ, ...... ~ap # Stations Hap ~ $caclona 1 1-6 16 91-96 2 6-17 17 96-101 3 17-27 18 101-104. 4 27-35 19 10~-107 5 35-41 20 107-111 6 41-49 21 111-115 7 49-5§ 22 115-118 8 55-59 23 118-123 9 59-67 24 123-127 10 67-71 25 127-132 11 71-74 26 132-137 12 74-78 27 137-141 13 78-81 28 141-145 14 81-85 29 145-152 15 85-91 30 152-158 Table 3-5 BEACH UTILITY INDEX (con't.) Station Number Natural Protection Barriers Shoreline Eros~on/Accretion 126 3 4 127 2 3 128 6 1 129 5 7 130 3 4 131 3 4 132 3 3 133 3 4 134 4 5 135 6 136 6 6 137 6 ? 138 6 6 139 3 4 140 6 141 6 1 14:2 4 1 143 4 2 144 3* 4 145 3 2 146 4 2 147 4 3 148 5 1 149 6 2 150 5 2 Beach Forebeach Width Grain Size Beckbeach Beach Grain Size Access 4 5 5 3 6 5 5 3 6 7 6 2 1 5 5 2 6 4 5 3 3 3 4 1 4 4 7 3 6 4 4 3 6 5 5 2 S S 6 3 6 4 4 3 5 6 5 5 T~bla ~-4. MEANINO OF BEACH UTILITY INDEX NUMBIRS FOR EAC{{ Index Natural Protection Shoreline Beech ' Foreshore Beckmb~re Beach Number* Barriers* (Elevation Brosion (I)/Accration (A) Width M~dian Median ~ Feet) (ft/yr) (ft) Gra~ Size ~ra~ Size 1 Bluff~ 150 ) 0.~ > 150 < 2.0 ~ 2.0 ~n~ Park~g 2 Bluff: 101-~50 0.~E 126-150 2.0-3.9 2.0-3.9 P~k~g 3 Bluff= 51-100 0.1Em0.5E 101-125 4-7.9 4-7.9 Public 4 Bluff: 11-50 0.6E-1.0E 76-100 8-15.9 8-15.9 Restr&cted Governmmntal Road 5 Bluff: ~_ 10 1.1B-1.SE 51-75 16-31.9 16-31.9 Private or Dune Road 6 NO Bluff or Duns 1.6E-2.0E 26-50 32-63.9 32-63.9 Welk~ng Only 7 · 2.0E 1-25 · 64 > 64 8 No Beech *A "d" following an index ~m~er for natural pr~teotion harriers indicates the presence of a dune seaward of a bluff. 18/18/2887 11:84 16317277451 PETERSDAN PAGE 01/1G JOHN R TAGt;IAR~ ESQ. LAW OFFICES PETER S. DANOWBKI, ,.JR. 616 ROANOKE AVENUE RD. BOX 779 RNERHEAD, NY t I ~01 (631) 727-49OO FAX (~31) 7~7.7451 TELECOMMUNICATION COVER SHERT TO: FROM: DATE: RE: FAX NO.: 765-6641 Number of Pages, Including This Page: Lauren Standish - Southold Trustees' Off'ic, PETER S. DANOWSKI, JR. October 18, 2007 Robert F, Bombara lb OCT ] 8 2007 Southold TO '"r '1 If you have any problems with this telecommunication, please contact: (}ail EL~=CTRONIC TRANSMITTAl THIS TRANSMISSION MA Y CONTAIN INFORMATION WHICH IS PRIVILEGED AND CON~IDEN77AI. AND SUBJECT TOLEGALREBTRICTIONSANDPENALTIEBREGARDiNGiTSDi$CLOBUREORDTHERU. SE. YOUARE PROHIBITED PROM COPYING, DISTRIBUTING OR OTHERVIflSE USING THIS INFORMATION IF YOU ARE NOT THE INTENDEC t~£CIPIENT. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PI. EASE NOTIFY US IMMEDIATELY AND RETURN THE ORIGINAL TO US SY BBCURE MEANB WITHOUT MAKING A COP¥. THANK YOU, 10/1842007 11:04 16317277451 PETERSDAN PAGE 02/16 JOHN R TAGGART, ESQ, LAW OFFICES PETER S. DANOWSKI, 616 ROANOKE AVENUE RO, BOX rr9 RIVERHEAD, NY 11901 (631) 727-4.g00 FAX (&31) October 18, 22007 VIA TELEFAX #765-6641 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold, New York 11971-0959 Attn: Lauren Standi.~. Re: Robert F. Bombara- 1725 North Sea Drive, Soutbold SCTM #1000 - 54 - 4 - 19 Dear Lauren: Enclosed find a copy of Mr. Terchurdan's report regarding the above matter. A hard copy will follow as well as a hard copy of Mr. Abrams' report. Plea.ne make these reports part of your file. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encl. Memorandum To: Board of Trustees From: Heather Cusack, Environmental Technician Date: October 2, 2007 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Attached are some additional data regarding piping plover nesting in the area of the above referenced property. The information on piping plovers in the report I wrote on September 17, 2007 was received from the North Fork Audubon Society. Attached are the survey data sheets from the NYDEC Bureau of Wildlife. The data show a nest east of Kenny's Beach in 2004 and the map for 2005 shows a nest between Kenny's and McCabe's beaches. This nesting activity in the past designates the above parcel as piping plover habitat. The New York State Department of State has included the stretch of beach east to McCabe's Beach in their Significant Coastal Fish and Wildlife habitat designation partly based on the plover habitat. OCT ' 2. 2007 Southo~d Town Board of Trustees 2004 PIPING PLOVER PRODUCTIVITY SURVEY PAIR SUMMARY AND EXCLOSURE FORM New York State Department of Environmental Conservation ~ Bureau of Wildlife, SUNY Building 40, Stony Brook, NY 11790~2356 phone (631) 444-0305 fax (631) 444-0272 GENERAL INSTRUCTIONS: 1. Please fill out one sheet for each plover pair that is monitored for productivity. Up to 3 nest attempts for each pair may be recorded on this form, "A" indicates the first nest attempt, "B" the second and "C" the third, 2. Please send completed form to the above address by September 1'~. Observers: Yy~, ~ ~L(.(,/~1~/// / ~' L~"~.~'~L Pair productivitv: First and last date pair was seen: A Nest: Nest location (use permanent landmarks): ~ ~-~ t~ Date nest found:. ,r/~ No. of eggs when found: ~. Date clutch completed: No. of eggs when complete: ~ Hatch date: ~/~ "0, of eggs hatched= Date and cause of nest failure: , Date exclosed: Reason(s) for exclosihg: ~ ' , ' i No. of eggs when exclosed: ~ Time to erect exclosure: /~, ~ Time to resume incubation: If exclosure failed possi~e cause/problems: Nest location (use permanent landmarks): Date nest found: No. of eggs when found: No. of eggs when complete: Hatch date: Date and cause of nest failure: B Nest: Date clutch completed: No. of eggs hatched: Date and cause of chick loss: Fledging date: Reason(s) for exclosing: No. of chicks fledged: Date exclosed: No. of eggs when exclosed: Exclosure design: Time to erect exclosure: Time to resume incubation: If exclosure failed possible cause/problems: C Nest: Nest location (use permanent landmarks): Date nest found: No. of eggs when found: No. of eggs when complete: Hatch date: Date and cause of nest failure: Date and cause of chick loss: Date clutch completed: No. of eggs hatched: Fledging date: Reason(s) for exclosing: No. of chicks fledged: Date exclosed: No. of eggs when exclosed: Exclosure design: Time to erect exclosure: Time to resume incubation: If exclosure failed possible cause/problems: LONG ISLAND COLONIAL WATERBIRD AND PIPING PLOVER SURVEY (PIPING PLOVER, TERNS, AND BLACK SKIMMER) New York State Department of Environmental Conservation Bureau of Wildlife, SUNY Building 40, Stony Rrook, NY 11790-2356 phone (631) 444-0305 fax (631) 444-0272 GENERAL INSTRUCTIONS: 1. Use no. 2 pencil. Remember ~ it may be necessary to make copies so pencil should be dark enough to copy well. 2. Important: fill in all sections of the form and label the map as instructed. 3. Send completed form and map with nest/colony locations (including forms for inactive sites) to the above address by August 1. 4. This form is to be used only for the areas indicated on the corresponding map. All habitat within the site should he searched. 5. If birds are found outside of the site boundary on the attached map, do not include this information on this form er map. Treat this as a new site. Complete a new form and attach a new map indicating the precise location of the new birds and/or colony. See detailed instructions. yEAR OF SURVEY: 2005 SITE INFORMATION: Site name: Goldsmith Inlet** North Fork Audubon ToWn: SOUTHOLD USGS tope map: Southold Directions to site (include how to get there, distances, problems with access}: Rte 48 to Mill Lane to end 0Nest side). Sound View Road to Kennys Road (east side) Owner (name/address/phone): Southold Town, private Contact person for protection needs (name/organization/phone): North Fork Audubon OBSERVER INFORMATION: Recorder's name: /f~ ~ J/~/[ ~CC~ ~ Organization/affiliation: /~0/~-~ ~/~ ~*~ ~0~V street city CURRENT DISTURBANCE FACTORS (check as approp~ate}: ~Boats ~Development ~Flooding ~Pedestrians ~Vehicles ~Othe¢ disturbance factor(s} (specify,: ~'~ b~ Phone: work o, bom,? (.C/; } ! L- 7 zip code Disturbance comments (elaborate on noted disturbances}: MANAGEMENT INFORMATION (check as appropdate): Posted? LYes no unknown Fenced? ~Lyes no unknown If yes, what type of fencing? Lstring __snow __electric If site is not posted/fenced, why? __unknown __remote location __lack of permission __other: Current predator control? ~_yes no unknown If yes, what type of control? J~ ~]0~../~/~'5 Management recommendations: rev. 2/13/01 continued on next page PIPING,PLOVERS. Survey must be conducted ONCE between June 1 and June 9. All habitat within the site should be Searched. MAP: It !s ESSENTIAL that you clearly label the map with the following information. See the example of a correctly labeled map below. a. Draw the LOCATION of plover nests/pairs with a dark X. If no birds were observed, indicate the area surveyed in pencil. T2l~,[E'~:rite the species code (PIPL), the NUMBER OF BIRDS and'the DATE OBSERVED next to the "X" location on the map (see ex~,m~)le~. a. If the site is active, fill in all columns in the table below and label the map. b. If no plovers/nests were seen, write the DATE of the survey and "INACTIVE" in the "Total No. of Adults" column. c. All other adults, whether non-breeders or transients should be recorded but listed ,arate from breedin, )airs. See enclosed DATE OF SURVEY START TtME MAP Icheck TOTAL ESTIMATED COMMENTS OSSEflVER (must Survey entire {military) box below after NUMBER OF NO* OF INITIALS Su~ey site once (e.g. drawing ADULTS PAIRS between June 1 * June 9) 9am =0900, location on Ifrom map) (from map) OFFICE USE ONLY (Piping plover survey results( EXAMPLE OF A PORTION OF A CORRECTLY LABELED AERIAL MAP llll//l - Goldsmith Inlet ** TERN/BLACK SKIMMER COLONIFS Survey must be conducted TWICE between June 1 and June 30, with one survey prior to June 1 5 and the second survey on or after June 1 5. Allow at least o~le week between surveys. All habitat within the site should be searched. MAP: It is ESSENTIAL that you clearly label the correspondir~g map with the following information. See example of a correctly labeled map above. a. If breeding activity is observed, count all adults present. Draw a CIRCLE around EACH SEPARATE COLONY LOCATION. If no birds were observed, indicate area surveyed in pencil and record the survey date. Do not record non breeding birds. b. Write the SPECIES CODE, the NUMBER OF INDIVIDUAL ADULTS and the DATE OBSERVED next to the circled location on the map. TABLE: a. If the site is active, fill in all columns in the table below and label the map. b. If there are NO breeding birds at the entire site, enter INACTIVE in the "Number of Individual Adults" box. DATE OF SURVEY SPECIES FOUND CODE MAP NUMaER OF ~ EVIDENCE OF PRODUCTWITY OBSERVER Least tern LETS Check box INDIVIDUAL~ (i.e, number of chicks or fledglings) INITIALS Common tern COTE below a~ef ADULTS OFFICE USE ONlY (Tern and Slack skimmer survey results) Ispecies cod~} I adults pairs 76 I 49 48 25 36 Peconic Environmental Review on application of Robert G. Bombara Date: TO: FROM: RE: September 17, 2007 Southold Town Board of Trustees Heather Cusack, Environmental Technician ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 SEP 18 2007 Seuthold Tawn Bo3rd of Trustees REPORT: This report is in response to the Trustees' request for a wetland evaluation of the property and an identification of all the natural protective feature areas on the property. PURPOSE: The purpose is to determine the effect of the above application on the natural resoumes of the Town of Southold. STATEMENT OF FACTS are as follows: Applicant applied for a permit to construct a single-family dwelling with a detached garage, swimming pool and associated water supply and sewage disposal facilities. FINDINGS The lot is located in a Coastal Erosion Hazard Area. The natural protective features are, north to south from Long Island Sound, as follows: 1. Beach 2. Primary dune The lot contains a natural plant community. There is a line of permanent grass vegetation landward of the open beach; the beach, as defined in the Town Code, extends 100' landward of this line of grass or to the waterward toe of the dune. In this particular location the beach extends landward to the waterward toe of a dune. The line of continuous vegetation is mostly Beachgrass, forming a continuous foredune parallel to the shore. A community of coastal plants, including those listed below, was found in this dune area on my site visit of September 6, 2007. It is a dynamic system that is susceptible to saltwater intrusion and shifting sand formation. The dune immediately landward of the beach is defined by the New York State Department of Environmental Conservation as the primary dune and as a maritime dune, from where it is slightly elevated off the beach, extending to the mad. These plants, found at the site, are those typically found on a primary dune. Coastal plants identified in primary dune area American Beachgrass (Ammophila breviligulata) Northern bayberry (Myrica pensylvanica) Wild beach plum (Prunus maritima) Beach rose (Rosa Rugosa) Poison ivy (Rhus radicans) Eastern Red Cedar (Juniperus virginiana) Seaside Goldenrod ( Solidago sempervirens) Seaside Panicum (Panicum amarum) Beach pea (Lathyrusjaponicus) Dusty miller (Artemisia stellariana) The subject property is located in a New York State designated Significant Fish and Wildlife Habitat, by the Department of State, titled Goldsmith's Inlet and Beach. See attached description. Piping plovers nested on this site in 2005 (North Fork Audubon Endangered Species research data). This is piping plover nesting habitat. Other fauna observed include a black racer snake and rabbits. Additional fauna found in this habitat include the following: Eastern box turtle Butterfly Dragonfly Amphipods Least tern Spade foot toad Coastal Zone Erosion Hazard Area The entire lot is seaward of the Coastal Erosion Hazard line. The Coastal Erosion line is located in the street of North Sea Drive. The CEHA program defines the lot with the following Natural Protective features: beach and primary dune. The natural protective features are defined as follows in Chapter 111, Coastal Erosion Hazard Areas, of the Southold Town Code: BEACH -- The zone of unconsolidated earth that extends landward from the mean Iow-water line to the waterward toe of a dune or bluff, whichever is most waterward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most waterward. Shore/ands subject to seasonal or more frequent overwash or inundation are considered to be "beaches.' PRIMARY DUNE -- The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, it is the "primary" one. Occasionally one or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be part of the ''primary dune" for the purposes of this chapter. The waterward limit of a primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25 feet landward of its landward toe. All of the property is located in a flood zone; most of it is in Zone VE (Elevation 13); the landward 10 feet of it in Zone AE (Elevation 11). The VE zone is the area of high velocity (Velocity Zone) where there is tidal wave action. The number elevation 13 indicates that the Building Department will require a house to be built on pilings and no part of the solid structure will be built under 13 feet elevation. The AE is the average elevation area, and the survey indicates that it is at elevation 11. This is the elevation above sea level. Legislative Environmental Considerations Chapter 111, Coastal Erosion Hazard Areas, of the Southold Town Code prohibits construction in the beach and the dune area, as follows: § 111-~12. Beach area. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are Iow or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation. The following restrictions apply to regulated activities in beach areas: A. Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit, which may be issued only for expansion or stabilization of beaches. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111.13. Dune area. Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than Iow, unvegetated ones. Dunes are of the greatest protective value during conditions of storm- induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes. The fo/lowing restrictions apply to regulated activities in dune areas: A. In primary dune areas: (1) Excavating, grading or mining of primary dunes is prohibited. Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a coastal erosion management permit. (3) All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be p/aced so as to increase the size of, or restore, a dune or dune area. (4) Active bird nesting and breeding areas must not be disturbed, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department. (5) Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune. (6) Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. B. In secondary dune areas: (1) All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of, or restore, a dune or former dune area. (2) Excavating, grading or mining must not diminish the erosion protection afforded by them. (3) Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit. (4) Permitted construction, reconstruction, restoration or modifications must be built on adequately anchored pilings such that at least three feet of open space exists between the floor joists and the surface of the secondary dune; and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions. C. All other activities and developments in dune areas are prohibited unless specifically provided for by this chapter. D. The restrictions of§ 111-16, Traffic control, apply to dune areas. Chapter 275, Wetlands and Shorelines, of the Southold Town Code, states the following regarding construction on beaches and dunes: C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005] (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: [1] [2] [3] [4] [5] [6] [7] Wetland boundary. Residence: 100 feet. Driveway: 50 feet. Sanitary leaching pool (cesspool): 100 feet. Septic tank: 75 feet. Swimming pool and related structures: 50 feet. Landscaping or gardening: 50 feet. Placement of C & D materiah 100 feet. (2) The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action The disturbance of dunes will often lead to invasion by the common reed (Phragmites Spp.) and poison ivy. A small stand of Phragmites and poison ivy is found in that area now and impacts may support a larger invasion of Phragmites and a loss of valuable species and habitat. Attachments: 1. Suffolk County Aerial photographs from 1996 and 1930 showing site and natural protective features. 2. NYSDEC habitat definitions. 3. Environmental Site Assessment, Nov. 2003, by Nelson, Pope, and Voorhis, Inc. - - Soils and Topography, Water resources, Site classifications. 4. Aerial showing Coastal Erosion line. 5. Coastal Fish and Wildlife Habitat Assessment Form References: Greg Edinger, Program Ecologist, New York Natural Heritage Program, Albany, N.Y. Coastal Plants, from Cape Cod to Cape Canaveral, Irene Stuckey and Lisa Gould, 2000, Graduate School of Oceanography, University of Rhode Island. A field guide to Long Island's Seashore, Museum of L.I. Natural Sciences, Stony Brook University, State University of New York 4. Maritime dunes: a community dominated by grasses and Iow shrubs that occurs on active and stabilized dunes along the Atlantic coast. This community consists of a mosaic of vegetation patches. This mosaic reflects past disturbances such as sand deposition, erosion, and dune migration. The composition and structure of the vegetation is variable depending on stability of the dunes, amounts of sand deposition and erosion, and distance from the ocean. Characteristic species of the active dunes, where sand movement is greastest, include beachgrass (Ammophila breviligulata), dusty-miller (Artemisia stelleriana), beach pea (Lathyrusjaponicus), sedge ( Carex silicea), seaside goldenrod ( Solidago sempervirens), and sand-rose (Rosa rugosa). Characteristic species of stabilized dunes include beach heather (Hudsonia tomentosa), bearberry (Arctostaphylos uva-ursi), beachgrass (Ammophila breviligulata), cyperus ( Cyperus polystachyos var. macrostachyus), seaside goldenrod (Solidago sempervirens), beach pinweed (Lechea maritima), jointweed (Polygonella articulata), sand-rose (Rosa rugosa), bayberry (Myrica pensylvanica), beach-plum (Prunus maritima ), poison ivy ( Toxicodendron radicans), and the lichens Cladina submitis and Cetraria arenaria). Seabeach amaranth (Amaranthus pum#us) is a federally threatened plant that is found on the dynamic foredune of some maritime dunes. A few stunted pitch pines (Pinus rigida) or post oaks (Quercus stellata) may be present in the dunes. Distribution: along the seacoast of the Coastal Lowlands ecozone. Rank: G4 S3 Revised: 2001 Examples: Napeague Dunes, Suffolk County; Fire TERRESTRIAL COMMUNITIES New York Natural Heritage Program 72 Island National Seashore, Suffolk County. Sources: Andrle and Carroll 1988; Art 1976; Hancock 1995; Johnson 1985; Leatherman 1979; Robichaud and Buell 1983; Zaremba 1990, NYNHP field surveys. 5. Maritime shrubland: a shrubland community that occurs on dry seaside bluffs and headlands that are exposed to offshore winds and salt spray. This community typically occurs as a tall shrubland (2-3 m), but may include areas under lm shrub height, to areas with shrubs up to 4 m tall forming a shrub canopy in shallow depressions. These iow areas may imperceptibly grade into shrub swamp if soils are sufficiently wet. Trees are usually sparse or absent (ideally less than 25% cover). Characteristic shrubs and sapling trees include shadbush (Amelanchier canadensis), bayberry (Myrica pensylvanica), black cherry (Prunus serotina), arrowwood (Viburnum dentatum), and shining sumac (Rhus copallinum). Other shrubs and stunted trees include beach-plum (Prunus maritima), sand-rose (Rosa rugosa), wild rose (R. virginiana), eastern red cedar (Juniperus virginiana), American holly (ilex opaca), black oak (Quercus velutina), and sassafras (Sassafras albidum). Small amounts of highbush blueberry (Vaccinium corymbosum), sweet pepperbush ( Clethra alnifolia), red maple (Acer rubrum), and black chokeberry (Aronia melanocarpa) are found in moister Iow areas, often grading to small patches of shrub swamp. Characteristic vines include poison ivy ( Toxicodendron radicans), Virginia creeper (Parthenocissus quiquefolius), greenbrier (Smilax rotundifolia), oriental bittersweet ( Celastrus orbiculatus), and Japanese honeysuckle (Lonicera japonica). The herb layer is very sparse and may contain a few scatttered flat-topped goldenrod (Euthamia graminifolia), wild indigo (Baptisia tinctoria), whitetopped aster (Asterpaternus), and little bluestem ( Schizachyrium scoparium). Maritime shublands may form a patchy mosaic and grade into other maritime communities. For example, if trees become more prevalent it may grade into one of the maritime forest communities, such as successional maritime forest. If a severe storm reduces shrub cover and deposits sand into the community it may be converted to a maritime dune. This community shares many shrub species with maritime dunes, but typically lacks the maritime dune herb species. More data on possible landscape variants are needed (e.g., maritime shrublands on morainal headland vs. outwash barrier dune). Birds that may be found in maritime shrublands include black-crowned night-heron (Nycticorax nycticorax ), fish crow (Corvus ossifragus), yellowbreasted chat (Icteria virens ), and migratory songbirds (especially in fall) (Levine 1998). Distribution: along the seacoast of the Coastal Lowlands ecozone. Rank: G4 S4 Revised: 2001 Example: Montauk Point, Suffolk County; Fire Island, Suffolk County. Sources: Clark 1986b; Levine 1998; Robichaud and Buell 1983; Taylor 1923, Thompson 1997; NYNHP field surveys. 6, Maritime heathland: a dwarf shrubland community that occurs on rolling outwash plains and moraine of the glaciated portion of the Atlantic coastal plain, near the ocean and within the influence of offshore winds and salt spray. This community is dominated by Iow heath or heath-like shrubs that collectively have greater than 50% cover. Characteristic shrubs include bearberry (Arctostaphylos uva-urs~), beach heather (Hudsonia tomentosa ), blueberry ( Vaccinium angustifolium ), black huckle-berry (Gaylussacia baccata), bayberry (Myrica pensylvanica), and beach-plum (Prunus maritima). Grasses and forbs are present, but they do not form a turf; characteristic species include common hairgrass ( Deschampsia fle xuosa ), little bluestem ( Schizachyrium scoparium), Pennsylvania sedge ( Carex pensylvancica), rush (Juncus greeneO, asters (Aster dumosum, A. linariifolius, A. solidagineus), bushy Phase I Environmental Site Assessment 1925 North Sea Drive Southold, New York NP&V Project No. 03382 November 18, 2003 CONFIDENTIAL AND PRIVILEGED I 1925 North Sea Drive, Southold Phase I ESA The elevation of groundwater beneath the subject property is less than 3 feet above msl, depending on meteorological conditions associated with the water year. The topographic elevation of the subject property is approximately 10 feet. Therefore, the depth to groundwater is approximately 7 feet. The water table elevations and generalized direction of flow are illustrated in Figure 3. The Suffolk County Comprehensive Water Resources Management Plan (SCCWRMP) provides information on water quality from 0 to 400 feet below the water table, based upon observation as well as public and private water supply and well monitoring. The general area in proximity to the subject site is depicted as having good water quality with respect to nitrate-nitrogen (0-6 rog/l) at between 0 and 100 feet. With regard to organic compounds, SCDHS water quality data presented in the Suffolk County Comprehensive Water Resources Management Plan indicates that Volatile Organic Compound levels at 0-100 feet below the water table are good (<60% of standard) and found not to exceed drinking water standards the majority of the time. The Suffolk County Department of Health Services (SCDHS) conducted an eighteen (18) month long study of the impact pesticides have had on groundwater. The study obtained water quality information from across the full geographic area of both counties in order to identify if any pesticides and metabolites had leached into the groundwater. The data from the wells in Nassau County and the five (5) western Towns of Suffolk show that only 1.5 and 2.0% respectively, exceeded the pesticide related drinking water MCL and 15.4% of the wells in the five (5) eastern Suffolk Towns exceeded the MCL. Private wells in the five (5) eastern towns are at the highest risk of pesticides contamination. Based on the maps provided in the appendix of the SCDHS report, the subject property is located in the vicinity of wells which exhibited elevated concentrations of pesticides in groundwater. The nearest water supply well is the Suffolk County Water Auth0rity's North Road well field and pump station. This well field is located on the northwest side of Old North Road approximately 200 feet northeast of Horton Lane. The well field is approximately 850 feet east of the subject property. 4.3 SITE CLASSIFICATIONS 4.3.1 Wetlands The subject properly was inspected to identify the possible presence of any wetland vegetation and/or water surfaces that would sustain wetland vegetation. The site inspection revealed no wetlands or wetland species were observed on the subject property. A review of NYSDEC Wetland Maps revealed the subject properly was not identified as a designated wetlands. Page 15 of 24 1925 North Sea Drive, Southold Phase I ESA 4.2 PHYSICAL SETTINGS 4.2.1 Soils and Topography The surficial geology of a site can often provide insight into the past activities on a given parcel of land. The Soil Survey of Suffolk County, conducted by the U.S. Department of Agriculture in 1975 is a useful source of soils information, which identifies soil types resulting from natural deposition and modification, as well as man-induced alterations associated with land use. The subject property is comprised of soil types: Du - Dune Land and Bc - Beaches. The characteristics of this soil type is identified as follows (Warner et al., 1975): Dune Land (Du): This area is made up of small mounds or hills of sand that have been piled up by wind. There are rio soil horizons. This land type is' found mostly along beaches and large areas of dunes such as Hither Hills State Park and Napeague. Smaller areas are found along the Long Island Sound and bays at the east end of the sound. Slopes range from 1-35%. Vegetation is sparse in some areas while pines form a thick cover in some areas. Beaches (Bc): This soil is made up of sandy, gravelly or cobbly areas between the water at mean sea level and dunes or escarpments. The slope is nearly level but can be as much as 15% slope. Most of the beaches along the north shoreline of Long Island are gravelly and cobbly while the beaches on the south shore tend to be sandy exce,~t for the areas around Montauk. The nature of the surrounding area is that of residential, recreational and municipal uses. The subject property slopes gently toward the sound. Neither soils nor topography appear to pose a constraint to the current use of the subject property. Bedrock in the vicinity of the subject property is approximately 600 feet below grade. '4.2.2 Water Resources Groundwater on Long Island is entirely derived from precipitation. Precipitation entering the soils in the form of recharge, passes through the unsaturated zone to a level below which all strata are saturated, referred to as the water table. The groundwater table is equal to sea level on the north and south shores of Long Island, and rises in elevation toward the center of the Island. The high point of the parabola is referred to as the groundwater divide. The changes in elevation of the water table create a hydraulic gradient which causes groundwater to flow, dependent upon potential. The subject property is located north of the north fork groundwater divide. The majority of the groundwater recharges horizontally into the underlying upper glacial aquifer. Groundwater is generally to the northwest. Groundwater will ultimately be discharged from the subsurface system into Long Island Sound. The major water bearing units beneath the subject properties include: the Upper Glacial aquifer, the Magothy aquifer, and the Lloyd aquifer (Smolensky et al, 1989). FIGURE 3 WATER TABLE MAP 1925 N~rth Sea Drive, Southold Phase 1 ESA SITE. .-.--- Source: Suffolk County Water ContourMap, 1999 Scale: 1' = 8,000' NORTH ~,2/24/2806 B9:12 51B4732464 COASTAL NEbUUNUb:~ t-A~;~ uz/~J cOAsTAL FISH & WILDLIFE HABITAT ASSESSMENT FOP/VI Name of Area: Coun~ Town(~): ?½' Desitnatcd: Goldsmith Inlet and Beach Suffolk Southold Southoid,NY October 15~ 2005 ~sse~mcut Criteria Ecosystem l~rity (ER)--the u~ntqueness of the plant and animal community in Ibc area and the physical, structural, and chemical features supporting this community. ER, assessment: Maritime dune ~nd maritime freshwater int~'duna] s~ale communities, rare in New York State. Species Vulneeability (SV)-the degrco of vulnernbillty throughout its range in New York State of a speeies residing in the ecosystem or nt~l;z!ug the ecosystem for its survival (E = Endangered, T -- Threatened, SC ~ Special concern) SV assessme~t~ Piping plover (E, T-£ed), le,~tst tern (T), arid osprc~ (SC) nesting. Additive Diyislon: 36 + 25/2 + 16/4 = 52.5 Human Use O~[U)-- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related hunun uses, either consumptive or non-consumptive, in the urea or directly dependent upon the urea. I-l-U assessment: No significant human u~e of fish and wildlife resources of the area. Population Level (PL)-the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. EL assessment: No unusual conccnu'ations of any fish arid wildlife species in t~e area. Replaceability (R)--abiU~ lo replace the aren~ either on or off site, with an equivalent replacement for tbe slue fish and wildlife and uses of those same fish ~nd wildlife, for the same users of those fish and wildlife. R nssessrncot: ~'~ep~ceable. Score 52.5 0 1.2 Habitat Index = [ER + SV + HU + PL] = 116.5 Significance = HI x R = 139,8 Page I of 6 B2/24/200,S 09:12 51847524,S4 COA~I'AL RESOURCES PAGE NEW YORK STATE SIGNUqCANT COASTAL FIgH AND WILDLIFE HABITAT NARRATIVE Goldsmith Inlet and Beach LOCATION AND DESCRIPTION OF HABITAT: Goldsmith I. nl~ and Beach is located on the north shore of Long Island, between Mattituck Inlet to the west and Honun Neck to thc east, in the Town of Southol~ Suffolk County (7.5' Quadrangle: Sonthold, NY). This approximately 150-acre area is heralded by Long Island Sound on the north, Herren Lane on the east, Sound View Avenue on tho south, and IV/ill Lane on the west. The fish and wildlife habitat includes a nan-ow area of maritime beach thatlextends approximately 2.25 miles along the Sound from approximately g00 feet west of Goldsmith Inla northeast lo and including Herren Lane Beach; C-oldsfftith Inlet and Pond and its contiguous tidal wetlands, whioh lie at the western end of the habitat; and a mosaic of markime dunes, maritime freshwater interdunai swales, wetlands, and wooded uplands extending from Ooldsmith Inlet CountyParknortheest to Great Pond. The habitat is bordered by residential development as well as undeveloped vegetated dunes. The Goldsmith Inlet and Beach area contains a variety of ecological community types, including tidal pond, maritime beach, maritime dunes, and m~itime freshwater interdunal swales. These latler two communflies ~xtend f~om approximately 1.5 miles west.of Gmat Pond southwest to Goldsmith Pond, and are considered rare ecological occurrences star,wide by the New York Natural Heritage ProlB'am. Approximately 70 acrea of maritime dune habitat extends from Orest Pond to Goldsmith Inlet, with approximately 22 acres o£maritime f~shwater interdunal swales located adjacent to the dunes. Small wetlands containing poor fen species such as cranberries ( Vaccinium macrocarpon), sundew (Drosera intermedia), twig-rush (Cladlum mariscoide~), and marsh St. John's-wort (Triadenum virginicum) am also located wiflfin the habitat. Slendcrblueflag(Irisprismatica), arar~ plant species with l~s than 20 reraaining sites or individuals in New York State, has been documented within the wetlands of this habitat. FL~H AND WILDLI~'E VALUES: The Goldsmith Inlet and Besch habitat consists of severai associated significant naUmd ecological communities. This highly diverse area provides imponunt nesting and feeding habitat for a variety o fmigratorybirds. Least tern (T) and piping plover (E, T-Fed) nest along the habitat's beaches. An estimated annual average of 4 breeding pairs of piping plover ('E, T-Fed) were observed at Goldsmihh Inlet and beach from 1996 to 2002, with a peak of 7 pairs in 1998. Least tern (T) have nested at this site since 1997, with an estimated annual average of 8 nesting pairs from 1997 to 2002, with a peak of 22 pairs in 2000. One pair of common tern (T) was doc'truncated nesting on the beach in 2000, but none have been observed since. This species had not been noted since 1992, when 27 nesting pairs were documented. Approximately a0 adult roseate terns (E) were observed loafing near the inlet in 2001. Osprey (SC) historically nested at Goldsmith's Pond. More recently, osprey (SC) have nested at Peconic Dunes County Park, with an average of 1 nesting pair fi.om 1998 to 2003. Pag~ 2 of 6 ¢~2/24/2006 09:12 51547324S4 COASTAL RESOURCES PAGE 04/08 Recreational uses of Goldsmith Inlet and Beach are concentrated in the area around GoldsmRh Inlet and Goldsmith Pond, where blue crab and American eel are harvested recreatiohally. The Town of $outhold maintains a public beach at Goldsmith Inlet, and Goldsmith Inlet County Park includes 34 acres of park land which is home to a diversity ofwildlife. Peconic Dunes CountyParlg on the west shore of C_rfest Pond, south of Kenny Road Beach, provides access across the beach to Long lzland Sound for sufffishing. Ev~PACT ASSESSMENT: Any activity that would substantially degrade water quality and/or terres~al natural resources at Goldsmith Inlet and Beach would adversely affect the biological productivity of this area. All speciss of fish and wildlife would be affected by water polintiort, such as chemical contamination (including food chain effects resulting fi.om bioaccumulafion), oil spills, excessive tugoidity, and waste disposal. Efforts should be made to improve water quality in the bay, including reduction or elimination of discharges from vessels and upland sources. Vegetated upland buffer zones should be protected or established ~o reduce non-point source pollution and sedimentation from upland sources. Alteration of tidal patterns in Goldsmith Inlet Pond, bymodification of inlet configurations or other means, would have major impacts on the fish aud wildlife coaail~u~ities present- No n~w navigation channels should b~ excavated within the area. Dredging to maintain existing boat channels should be scheduled between September 15 and December 15 to minimize potential impacts on aquatic organisms, and to allow for the upland placement of dredged matetialwhen wildlife populations are least sensitive to disturbance. This is especially critical during the nesting and fledging period for colonial nesting birds from March 15 though August 15. Dredged material placement in this area would be deiximental, but such activiiies may be designed to maintain or improve the habitat for certain speci~ of wildlife. Existing and proposed dredging operations in this area should incorporate the use of best management practices to avoid and reduce edve~se effects. Cons~auc~ion of shoreline sRuctures, such as docks, piers, bulkheads, or reve~ents, in areas not previously disturbed by dcvelopmant (e.g., natural salt marsh, tidal fiats, or shallows), would result in the loss of productive areas which suppor~ the fish and wildlife resources of the Goldsmith Inlet and Beach habitat. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control ofinvasive nuisance plant species, through a variety of meang may improve fish and wildlife species use of~e area and ~hance overall natural resource values. Umestricted use ofmoturized vessels including personal watercraR in shallow waters could have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be cona'olled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, d~pending on time of year, may have variable effects on usc of the area by marine species and fish. Installation and operation of water intakes could have a significant impact on juvenile (and, in some ca~es, adult) fish concentrations, through impingement or entrainment. Page 3 of 6 ~2/2~/280G 09:12 51847924G4 COASTAL RESOURCES PAGE 05/08 Nesting shorebirds inhabiting Goldsmith Inlet and Beach arc highly vulnerable to diaturbance by hun-urns, especially during ~e nesting and fledgling period (March 15 tlfi-ough August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminata the use o f this site as a breeding area end should be minimized during this period. Recreational activities (e.g.., boat and personal wateroraft landing, off-road vehicle uae, picnicking) in the vicinity of bird uesting areas should be minimized during this period. Predation of chicks and destm0tion of eggs or nests by unleashed pets (e.g., dogs, eats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or contiuned annual posting of shorebird nesting a.~as should be provided to help protect the nesting bird species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of heating habitat in this area. HABITAT IMPAIRMENT TEST: A habitat impairment teat mt~ be applied to any activity that is subject to consistency review under federal and State laws, or under applicable local laws contained in an approved local waterfront revitalization program. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to ocoar within or outside the designated area. The specific habitat impairment test is as follows. In order to protect and preserve a significant habitat, land and water uaes or development shall not be undertaken if such actions would: · destroy the habitat; or, · significantly impair the viability of a habitat. Habitat destruction is defined as the loss of fish or wildlife uae through direct physical alteration, disturbance, or pollution ora designated area or through the indirect effects of these acrfions on a designated area. Habitat destruction may be indicated by changes in vegetation, ~ubstrate, or hydrology, or increases in runoff, erosion, sedimentation, or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substmte, salinity) beyond the tolerance range of an organism, lndicator~ of a significantly impaired habitat focus on ecological alterations andmay include but are not limited to redu ced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of an organism is not defined as the physiological range of conditions beyond which a species will not survive at all, but as the ecological range of conditions that supports the species population or has the potential to support a restored population, where practical. Either the Page 4 of 6 ~2/24/260G 09:12 5184732a64 COASTAL RESOURCES PAGE 05/05 Nesting shorebirds inhabiting Goldsmith Inlet and Bench arc highly vulnerable to diatmhance by humans, especially during the nesting and fledgling period (March 15 thl-ough August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily ¢li~mlnate thc 1.~e of this site as a breeding area and should be minimized during, this period. Recreational activities (e.g., boat and personal watereraR landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and deslmotion of eggs or nests by unleashed pets (e.g., dogs, oats) and natan'al predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued a~,ual posting of shorebird nesting areas should be provided to help protect the nesting bird ~pocies. Control of vegetative succession, tl~ough beneficial use of drodged material or othar means may improve the availability of nesting habitat in this area. HABITAT IMPAIP,.MENT TEST: A habitat impairment test must be applied to any activity that ia subject to consistency review under federal and State laws, or under applicable local laws contained ia un approved local waterfront revitalization program. If the p~pused action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. The specific habitat impairment test is as follows. In order to protect and preserve a significant habitat, land and water uses or development shall not be undertaken if such actions would: · destroythe habitat; or, * significantly impair the viability of a habitat. Habitat destruction is defined as the loss of fish or wildlife use tta'ough direct phy,~ical alteration, disturbance, or pollution of a designated area or through the indirect effects of these aetiora on a designated area. Habitat destruction may be indiceted by changes in vegetation, substrate, or hydrology, or increases in runoff, erosion, sedimentation, or pollutants. Significant impairment is defined as reduction in vital resowces (e.g., food, shelter, living upaee) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of an organism. Indicators ofa slgnifieantly impaired habitat focus on ecological alterations and may include but are not limited to reduced carrying capacity, changes in community structure (food chain relationsh/ps, species diversity), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of an organism is not defined aa the physiological range ofcondifious beyond which a species wild not survive at all, but as the ecological range of conditions that supports the species population or has the potential to support a restored population, where practical. Either the Page 4 of 6 ¢.2/24/2006 89;12 5184732464 COASTAL RESOURCES PAGE 86/8@ loss of individuals through an increase in emigration or an incxease in death rate indicates that the tolerance range o£an organism has been exceeded. An abrupt increase in death rate may occur az an en'~imnmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range ofparamete~ which should be considered in applying the habitat impairment test include but are not limiled to the following: physical parameters such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrata type, vegvtation, structure, erosion and sedimentation rate. s; biological parameters such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns; and, chemical parameters such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous matel'ials). AJthough not comprehensive, examples of generic activities and impacts which could destroy significantly impair the habitat are listed in the impact assessment section to assist in applying the habitat impairment test to a proposed activity. Page 5 of 6 09:12 5184732464 COASTAL RESOI.J~C~S P~. KNOWLJEDGEABLE CONTACTS: Habitat Un.it NYS Departm~.nt of State Division of Coastal Rezource~ 41 State S~'eet Albany, NY 12231 Phone: (518) 474-6000 NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 4444)354 Town of Southold Tmstee~ Town Hall 53095 Main Road Southold, NY 11971 Phone: (631) 765-1892 Town of Southold Flann.ing Board Town Hall 53095 Main Road Somhold, NY' 11971 ?hone: (631) 765-1938 Bureau of Marine Resourot.'~ NYSDEC 205 N. Belle Mead~ Koad, Suite 1 East Setauket, NY I 1733 Phone: (631 ) 444-0430 New York Natmal Heritage Program 625 Broadway, 5'b Floor Albany, NY 122.33-4757 Phone: (518) 40241935 Office of Ecology Suffolk County Dept. of Health Setwices Bm'eau of Environmental Management County Center Riverhead, NY 11901 Phone: (631 ) 852-2077 P~ge 6 of 6 P~./24/2085 09:12 51847~24~4 COASTAL RE$01JRC£S P~G_~_ .08/~8 GOLDSMITH.INLE Si~maificant Coastal Fish and Wildlife Habitats Gokismkh lule~ and Beach 20~ feet Town of uthold ,2007 rom 1930 Suffolk County Real Property Tax Service Agency GIS Basemao COPYRIGHT 2007, County of Suffolk. N.Y Date: August 22, 2007 To: Southold Town Trustees Number of Pages: 3 Fax No.: 631-765-6641 From: Irene C. Vitti PO Box 1337, Southold NY 11971 631-765-6798 Re: Matter of Robert G. Bombara, SCTM# 1000-54-4-19 I am the owner of 1935 North Sea Ddve, Southold, NY, SCTM# 1000-54-05- 45.8, writing to you in response to the above referenced applications for a Coastal Wetlands and Wetlands permits. As an adjacent property owner, and a concerned citizen of Southold, I believe that these Applications should be denied. While I am not familiar with the specific issues before the Trustees at this time, it is very clear that the proposed development of this fragile parcel of land at the edge of the Long Island Sound, which would be the first new construction on North Sea Drive in over 20 years, will result in the degradation and destruction of the dune and beach along that stretch of shoreline, a valuable and irreplaceable resource to the people of the Town of Southold. I am aware that there are many specific grounds to oppose the development of this parcel as proposed, many of which are properly in the jurisdiction of other . agencies, including the N.Y.S. Department of Environmental Conservation, the Suffolk County Health Department and the Town of Southold, Building Department and Zoning Board of Appeals. However, I call the Trustees attention to my concern that approval of the present Applications at this time will, among other undesirable consequences, result in a time consuming and costly process, not just for the property owner, but for the people and offices of the Town of Southold, which is likely to fail, nevertheless. Among these issues are the serious risk of coastal erosion, interference with sensitive plant and animal life, including an endangered species, contamination of ground water, non- conformity with the character of the neighborhood, excessive lot coverage, and inadequate setbacks, among others. On a personal note, I would like to provide the following narrative of the deep meaning and significance that the subject parcel holds for me, my family, friends and neighbors. I am lucky enough to live in a home with a view of the Long Island Sound in the Town of Southold. In Spring I am delighted to find, on the sandy lot between my window and the shore, the gnarled branches of the squat wild beach plum, P~unus madtima, which becomes smothered in April with tiny white blossoms. By late Summer these prolific racemes of florets give rise to sparse, yet deeply colored fruit, looking more like colossal blueberries, but betrayed as something othenNise by their tart and astringent taste. A short walk on a trail to this narrow and secluded beach rewards me during June and July, with a lovely perfume and the even more wondrous sight of hot pink blooms of the beach rose, Rosa rugosa. In August, the round and plump seed pods, appropriately called "hips" that form at the base of these voluptuous blossoms, turn bright red, looking at first like cherry tomatoes and later, as the advancing autumn burnishes them with cooler air and drying winds, like miniature pomegranates. The beach plum and the beach rose were once prolific up and down the northeast coast of the Atlantic Ocean, but now the fragile zone that is the nursery for these gems, is under increasing pressure from over-development of the seashore. Native Americans, Colonists and Depression-era poor, all appreciated the fruit of the beach plum and beach rose as a source of fine nutrition and unique flavors, by turning them into jellies, preserves and syrups for spreads, sauces and toppings and drying them to make tea. Today, this wild bounty provides more than just satisfying eating, it teaches important lessons in the preservation of natural resources, cultural and folk histo~J, and human values. Whether you are an impassioned environmentalist, a weekend beachcomber, a curious cook or a child at play, these diminishing resources provide an inspiration to all who come to shores of the Long Island Sound in Southold. Based upon all of the foregoing, and in consideration of the role of the Trustees to protect the heritage and patrimony of the Town of Southold on behalf of its citizens, I respectfully request that you deny the these Applications for Coastal Erosion and Tidal Wetlands permits. Sincerely yours, Irene C. Vitti 17235 Soundview Avenue Southold, NY 11971 August 15, 2007 Trustees of Southold Town Dear Trustees: This letter is in regard to the Bombara property between McCabe's and Kenny's beaches. The tax map number is 54 04 19. I am part owner of the property next door, 200 feet along the road of open space. For some time now, I and my co-owners have been engaged in completing the easement on this property, in which we give our development rights to Southold Town. We are doing that because we enjoy an occasional picnic there and enjoy being with a last bit of dunes and beach plums along North Sea Drive. That little bit looks the way it did when my family hunted rabbits there seventy years ago. The easement has been a long time in coming because of the many people involved, but it will get done. Mr Bombara proposes building a very large house (''5-6 bedrooms") on the adjacent I00 foot road front, reducing the open space fxom 300 feet to our 200 feet. The house proposed a two story building with garage and a 40x20 ff pool. I attended your meeting to consider this proposal in December 2006, at which the petition was denied. I do not see anything new in the plot plan except that the garage is now attached to the house. Cfiven the fact that the Town is now fully committed to waterfront preservation and improvement, I ask you to deny the request for any building on Mr Bombara's property. What we and Mr Bombara have is a tiny bit of fragile dunes and beach plums, potential plover sites, a museum piece to be saved for the pleasure of passers-by, and a reminder of the way things used to be. If the shore front from Horton Point to Goldsmith's inlet had not been developed until now, I firmly believe the Town would not permit it in this more enlightened century. Let us try to preserve the last reminders of what it once was. Thank you. Sincerely yours, Ed Booth _i Standish, Lauren From: Sent: To: Cc: Subject: g.greenheron@verizon.net Monday, August 20, 2007 11:22 PM Standish, Lauren bdeluca@groupforthesouthfork.org; denise@timesreview.com; Neville, Elizabeth; Finnegan, Patricia; NFEC@optonline.net; ppoppel@optonline.net; SRESLER@dos.state.ny.us; Russell, Scott Bombara Permits Hearing Aug. 22 August 20, 2007 James King, President Members of South Town Board of Trustees Southold, New York Permit re: Bombara Coastal Erosion Hazard Permit and Wetland Hearing, Scheduled August 22 Dear President King and Members of the Southold Town Board of Trustees: I respectfully request that the hearing scheduled to determine the above referenced Coastal Erosion Hazard Permit be cancelled, as the new application makes no substantive change to the original application, which was denied without equivocation in November of last year by you and the rest of the Trustees. The project, in any form, remains, as stated in your revised resolution of December 2006, "seaward of the Coastal Erosion Hazard Area" and "is prohibited as per chapter 111 of the Town Code" and "inconsistent with the Local Waterfront Revitalization Program." No amount of re-design of the project can change these conditions. This application should not be considered. Consequently, as consistency is required by New York State Coastal Policy and Town Code, there can be no further action concerning the applicant's Wetland Permit. Sincerely, Thomas Rozakis Preservation and LWRP Liason Kenney's/McCabe's Beach Civic Assoc. c. Scott Russell, Southold Town Supervisor Southold Town Board c/o Elizabeth Neville, Town Clerk Patricia Finnegan, Southold Town Attorney S. Resler, Consistency Unit, NYS Dept. of State NFEC Board of Directors Bob Deluca, Group for the East End Pat Poppe, Pres., Kenney's/McCabe's Beach Civic Assoc. Denise civiletti, Editor, Suffolk Times AUG 2 0 2007 Standish, Lauren From: Cusack, Heather Sent: Monday, September 24, 2007 10:35 AM To: Corcoran, Kieran; Terry, Mark; Jill Doherty - Forward; Standish, Lauren Subject: Bombara Rob McDougnah returned my call Friday afternoon, regarding the Bombara property. He said that he will be on Long Island for some inspections on Oct 17 and 18 and would be able to go to the site to help with the determination of the natural protective features; i.e. where the primary dune ends. He is available at 518-402- 8147 9/24/2007 Map Prepared by Town of SouthoM Geographic ~nformation September i 3, 2007 Aerials Taken from 1996 System Flight