Loading...
HomeMy WebLinkAboutBombara, Robert (2) James F. King, President SOpj Town Hall Jill M. Doherty,Vice-President �0� �l0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G • �O Telephone(631)765-1592 Bob Ghosio, Jr. OCourm Fax(631)765-6641 BOARD OF TOWN TRUSTEES December 13, 2006 TOWN OF SOUTHOLD Mr. Thomas C. Wolpert, P.E. Young and Young 400 Ostrander Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Wolpert: The Board of Trustees took the following action during its regular meeting held on Wednesday December 13, 2006 regarding the above matter: WHEREAS, Young and Young on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code of the Town of Southold, application dated October 17, 2006, 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 resolved to Not Support the Wetland Permit & Coastal Erosion Permit applications because development seaward of the Coastal Erosion Hazard Area is prohibited as per Chapter 111 of the Town Code, and, WHEREAS, the LWRP Coordinator recommends that the proposal be found Inconsistent with the Local Waterfront Revitalization Program as no construction is allowed seaward of the Coastal Erosion Hazard Area where, as here, the natural protective feature is a beach area: and the proposed action is Inconsistent with the following policy standards: 4.1, 4.2, 6.3, and, WHEREAS, the proposed distance from the house and pool to the natural protective feature (beach) is 0 feet; and the proposed structures are within the areas the Trustees 0 2 to are empowered to protect pursuant to Chapter § 275-3. Findings; purpose; jurisdiction; and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on November 15, 2006 and December 13, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board of Trustees and the staff of the Trustees and Town have personally viewed and are familiar with the premises in question and the surrounding area, and the staff has reported to the Trustees regarding the location of the proposed development, and, WHEREAS, the proposed construction is located on the natural protective feature of a beach as per Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, WHEREAS, a single family dwelling, garage, and swimming pool do not require a shoreline location, and, WHEREAS, the proposal is located in a New York State designated Significant Coastal Fish and Wildlife Habitat, and, WHEREAS, the Board of Trustees has found the proposal to be located in an environmentally sensitive area containing valuable habitat, that is valued by the Town for nesting areas for threatened and endangered species and for recharge of the aquifer, and, WHEREAS, the dwelling, garage, and pool in the location and the size proposed will negatively impact an environmentally sensitive area, and, THEREFORE BE IT RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application of ROBERT G. BOMBARA to construct a single-family dwelling with a detached garage, swimming pool and associated water supply and sewage disposal facilities, and, RESOLVED, that the Board of Trustees finds the proposal to be Inconsistent with the LW RP, and, RESOLVED, that this determination is solely for an application under Chapter 275, Wetlands and Shoreline, of the Town Code and is not a determination under Chapter 111, Coastal Erosion, which is also required by definition in the Town Wetland Code from the Board of Trustees, for the described project, 3 • BE IT FURTHER RESOLVED that 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, Jamesin President, Board of Trustees JFK: hkc James F. King, President ��OF SOury� Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson ,, ,, T Southold,New York 11971-0959 Dave Bergen CA Bob Ghosio,Jr. �0 i� Telephone(631) 765-1892 � M Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 13, 2006 Mr. Thomas C. Wolpert, P.E. Young and Young 400 Ostrander Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Wolpert: The Board of Trustees took the following action during its regular meeting held on Wednesday December 13, 2006 regarding the above matter: WHEREAS, Young and Young on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code of the Town of Southold, application dated October 17, 2006, 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 resolved to Not Support the Wetland Permit & Coastal Erosion Permit applications because development seaward of the Coastal Erosion Hazard Area is prohibited as per Chapter 111 of the Town Code, and, WHEREAS, the LWRP Coordinator recommends that the proposal be found Inconsistent with the Local Waterfront Revitalization Program as no construction is allowed seaward of the Coastal Erosion Hazard Area where, as here, the natural protective feature is a beach area, and, 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 15, 2006 and December 13, 2006 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the staff and the Board of Trustees of the Town have personally viewed and are familiar with the premises in question and the surrounding area and have reported to the Trustees regarding the location of the proposed development, and, WHEREAS, the proposed construction is located on the natural protective feature of a beach as per Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, WHEREAS, a single family dwelling, garage, and swimming pool do not require a shoreline location, and, WHEREAS, according to Chapter 111-12 of the Town Code, Beach Area, D. All development is prohibited on beaches unless specifically provided for by that chapter, and the proposed development is not provided for as such, and, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application of ROBERT G. BOMBARA to construct a single-family dwelling with a detached garage, swimming pool and associated water supply and sewage disposal facilities because of the following reason: In accordance with Chapter 111, Coastal Erosion Hazard Areas all development is prohibited on beaches in the Coastal Erosion Hazard Area. RESOLVED, that the Board of Trustees finds the proposal to be Inconsistent with the LWRP, and, WHEREAS, an application under Chapter 275, Wetlands, of the Town Code has been filed by the applicant and is currently being considered by the Trustees, RESOLVED, that this determination is solely for an application under Chapter 111, Coastal Erosion, of the Town Code and is not a determination under Chapter 275, Wetlands, which is also required by definition in the Town Wetland Code from the Board of Trustees, for the described project, BE IT FURTHER RESOLVED that 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. 3 Very Truly Yours, J" ames F. King / President, Board of Trustees JFK: hkc/Ims 46 James F. King,President a SOUTy� Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson # P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen G �c Bob Ghosio, Jr. '`cam �O Telephone(631) 765-1892 IYCI " Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: I Z I � / b to Name of Applicant: �C7m Name of Agent: j Property Location: SCTM# & Street Brief Description of proposed action:_�Sk, al G'-U� rook Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: V of Town Code proposed work falls under: hapt.97 _Chapt. 37_other Type of Application: J Wetland /coastal Erosion_Amendment_Administrative _Emergency Info needed: Modifications: Conditions: Present Were: _J.King J.Doherty_P.Dickerson "D. Bergen Bob Ghosio, Jr. Other: Mailed/Taxed to: Date: Comments of E.lvironmental Technician: !M,R Char a-1 C ry 1 I ^C •` .ems � ` A ♦4r- , M 1 � ` � 6 a���-� ♦• _z� �t�� �7 ' P" �f �fs ,'� r a t� tp ����� i } � F �0 Y �� £ ➢ -G 1�. sir � � S °�e I Ai* � '�._ —. "/vim. 1. ....- �..Jv" 5 " g� tl m >ry?s ifia P 19'S Cf'���i fp 7� 7�i i��I I i� z.a x,�'„ ;7c; r . k n_ .P Y x r .i. > a y— , H1AZA$HTH A.NEVHXX Town Hall,_68086 Mein Road P.O.Box TOWN OLERH Southold, New York 11971 gT GMTRAR OF VITAL STATISTICS Fax(681) 765-6146 UARXIAUE OFFICER Telephone(681) 766-1800 ICEOORDB MANAGEMENT OFFICER ��( 41 T' southoldtown.northfbrk.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUIfUC ACCESS TO RECOROS + INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office agency Freedom of Information Officer) . One copy will be returned -to you In response to your request, or as an interim response. - —'-— TOWN OFYrUfHOLD �o SECTION 1. 1LD{ H$ —' " ' f' TO: (Department or Officer, f Eno h lie information you are req Axst ng. RECORD YOU WISH TO INSPECT: (Describe the. record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) � RP Ccb�LY7�rJ 4�z S 2G�C�'-1 an�o.,p�r`Tl D ti �.=-' �`CM�'�'70 • d. • i� Signature of Applicant: __— Prlkited Name: U 1 �� Address: gPb Wts� C fGti�� Mailing Address (if different from above) Telephone Number: �i `f '`! L27 Date: 11�1 l (76 RECEIVED [ I APPROVED [ I APP OVED WITLJ D LAY* � ( 1 DENIED* L Fi, Elizabeth A. ,Neville Southold AfiAI Clerl Freedom of Information Officer « If dellayed er denied see. reverse side far eXPk"etWn ��o�gUFFO[�' oo� ELL ABETH A.NEVn LE Town Hall, 53095 Main Road TOWN CLERK P.O. Sox 1179 pO Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (631) 766-6145 MARRIAGE OFFICER Telephone(631) 766-1800 RECORDS MANAGEMENT OFFICER �.( `�a� southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK 'TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION 1. TO: �O K{t�> ciQ" 'AZ (Department or Officer, if known, that has the information you are requesting.) ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) A ? Pt_�c�iiv ,j o �7 Nt7 �T11 �� � 2 ��� tiJ ��Z7l ✓J Signature of Applicant: PrOated Name: , O`l-t Address: Mailing Address (if different from above) : Telephone Number: Date: ----------------- [ J APPROVED RECEIVED [ J APPROVED WITH DELAY' l 1 DENIED; Eli beth A. Neville Date Freedom of Information Officer Southold Towne (IM * If delayed or denied see reverse side for explanation. 0 James F. King, President ��OF SU(/Tyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Q % Telephone(631) 765-1892 �yv UNTI,Nc� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: I I I Name of Applicant: -I 01y)L A� Name of Agent: —n k 4- 5 —z Property Location: SCTM# & Street I �a 5 /for 11, Scc p(r Sty-��^l Brief Description of proposed action: CA:ah S'6 k S i y}�I e Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: _✓Chaptt,,A'r Chapt. 37_other ls Type of Application: Wetland_Coastal Erosion_Amendment_Administrative _Emergency Info needed: Modifications: Conditions: Present Were: J.King _J.Doherty_P.Dickerson D. Bergen Other: Mailed/Faxed to: Date: Comments of Environmental Technician: <e n 6 be-G,6, b cade i5 loo' IUnd, .�l 07 I w. nzr�_�nth ¢. + '• - (iy- k.6R-G ems. " U3 dz <ncct1ul Pr�S��hue.�d a-cu b,< 0� I+ONX} (t I�NA oI �n�,OSHI _ a . kr J 4 r � =�`�+�<[�. �, :��ct ° !;� 1 .gin,,. .. w� '�- •- s'ta: . f . r.u. i T ��SpFFO(,�co Telephone co Town Hall (631)765-1892 N Z 53095 Route25 0 • P.O. Box 1179 Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., November 8, 2006, the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit & Coastal Erosion Permit applications of ROBERT G. BOMBARA 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 Inspected by: Peter Young, James Eckert The CAC does Not Support the application because development seaward of the CEHA is prohibited as per Ch. 111 of the Town Code. Vote of Council: Ayes: All Motion Carried \ V 2 V\ A 2 M PHOTO NO. 1 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:26 A.M. r sx a' rc. s }r ,_ r s it � �. ►ai: y �,l PHOTO • ROBERT G. BOMBARA AT SOUTHOLD, • SOUTHOLD, •' OCTOBER13,2006 PHOTO NO. 3 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. e ,0 ,,µ itw 1 � t .�Y �`I I. .IY.},� 'i.a✓� iWa ��� �¢� �. � a,��ttiY �``�•°� 4 .y w^T ���'3'. PHOTO NO.4 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. �.n i Y f PHOTO NO. 5 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:29 A.M. iy. �y • • NO. ROBERT G. BOMBARA OCTOBER13, 2006 1 / I 2) n h / O " 3° �` We ,yx +o, • '� � ICI n 9' c u>_.... -- _ `.�... _,. 2 -•_-_ ... ..». ..^^.a.a.� a`S, ,mnsa COUNTY"OF SUFFUL o F. ,__,._. .....,.. --.— ,..m....,.,—..—_ ._ .. .__ — �.....a,......,�.....o. �oa ., ..<....,".K�_© EI �-^,�.,= SUUtXULO scrax nv Town of Southold-Letter Board Meeting of March 13, 2007 �jWI&4 RESOLUTION 2007-288 Item# 36 ®�' ADOPTED DOC ID: 2716 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-288 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13,2007: IT IS HEREBY RESOLVED that the Town Board of the Town of Southold sets April 24, 2007 at 9:00 a.m. in the Town Meeting Hall,54375 Main Road, Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54-4-19, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. Elizabeth A. Neville Southold Town Clerk h1Aft RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham; Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March 14, 2007 Page 57 LEGAL NOTICE Notice of Public Hearing IT IS HEREBY RESOLVED that the Town Board of the Town of Southold sets April 24,2007-at 9:00 a.m. in the Town Meeting Hall, 54375 Main Road,Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara,relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM#1000-54-4-19, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten(10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD,March 13,2007. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON ,AND FORWARD one(1 )AFFIDAVIT OF PUBLICATIONS TO ELIZABETH NEVILLE,TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD,NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board �USTEE S MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF soUjyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR CP ac 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ,com � Southold, NY PI I' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NOV 15 2W6 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: November 15,2006 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 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. A. 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 permitted 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 of a beach is 100 feet landward from the place where there is a marked chance in material or phvsiographic form or from the line of permanent vegetation, whichever is most waterward. Shorelands subject to seasonal or more freauent 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 1. 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; Jurisdiction: 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. S 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 low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for loneshore littoral transport and offshore sandbar and shoal formation. The following restrictions apply to regulated activities in beach areas: A.Excavating,grading or minine which diminishes the erosion protection afforded by beaches is prohibited. B. Clean sand or gravel of an equivalent or slightly lareer 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 Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert J.Krupski,President v`�Of soaTyo Town Hall James King,Vice-President 53095 Route 25 Artie Foster ,,�� P.O. Box 1179 Ken Poliwoda T Southold,New York 11971-0959 Cn Peggy A. Dickerson 0 O Telephone(631) 765-1892 I�CQU Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only "'Coastal Erosion Permit Application _Wetland Permit Application Administrative Permit _Amendment/Transfer/Extension Received Application: D _Received Fee:$ d�� I17�r1b l _completed Applica ion I i�5 t _Incomplete _SEQRA Classification: Type I_Type IlUnlisted_ Coordination:(date sent) --LWRP Consistency Assessment Form 10 a1 Olo -,CAC Referral Sent:�Q��� _Date of Inspection: 111191N. _Receipt of CAC Report: _Lead Agency Determination: Technical Review: public Hearing Held: I Resolution: 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: 1000 - 54-4-19 /7aS Property Location: North Sea Drive, approx. 1,675' east of Kenney's Road (adjacent to LIL Pole #14) (provide LILCO Pole#, distance to cross streets, and location) AGENT: Young & Young Attn: Thomas C. Wolpert, P.E. (If applicable) Address: 400 Ostrander Avenue, Riverhead, New York 11901 r � Phone: 631-727-2303 card of Trustees Applica* GENERAL DATA Land Area(in square feet): 24,879 sq. ft. or 0.6 acre Area Zoning: R-40 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. �oard of Trustees Applica*n 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 nearest proposed structure and upland edge of wetlands: 103 ± feet 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 Depth of which material will be removed or deposited: 6 t feet Proposed slope throughout the area of operations: 2% 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. 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. *card of Trustees Applica* 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 resulting from implementation of the project as proposed. (Use attachments if necessary) The proposed operations will not have an effect on the tidal waters of the Town. YOUNG &YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead New York 11901 adminCayoungengineering.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 March 2, 2007 ATTN: Ms. Lauren Standish Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 RE: ROBERT G. BOMBARA at Southold, Town of Southold, New York (06-0320) Dear Ms. Standish: Enclosed is a copy of the Notice of Adjacent Property Owner Form that was included with our October 13, 2006 and October 26, 2006 applications to the Board of Town Trustees, for your use. Very truly yours, Thomas C. Wolpert, P.E. TCW/dc Encl. cc: Mr. Robert G. Bombara + Encl. Peter S. Danowski, Jr., Esq. + Encl. Planning Engineering Land Surveying Architecture 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: I. 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. 2. 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: may contact the Trustees Office at 765-1892 or in writing. You 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: — venue Howard Beach, New York 11414 PHONE#: (718) 845-4283 Eric: Copy of sketch or plan showing proposal for your convenience. James F. King, President �aOF S0UTy0 Town Hall ` Jill M. Doherty,Vice-President h0 "to 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen CA G • �O Telephone(631)765-1892 Own Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD NOV 15 U --------------------------------------------------------------- In the Matter of the Application of --- 6-0 -------------------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Thomas C. Wolpert residing at 400 Ostrander Avenue, Riverhead, New York being duly sworn, depose and say: That on the 6thday of Nov. , 2006, I personally posted the property known as Robert G. Bombara, North Sea Drive, Southold, New York by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wa��en ) ,1 S�l on 0/1 a boar &"3o Pm Dated: (signature) Sworn to before me this 15th day of Nov. 2006 IL44 ary Public No�OD1 �S�IbEC�Y�/q Cow�Irea Jdy 2S,20 Y.l 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. 2. 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. OWNERS NAME: Robert G. Bombara MAILING ADDRESS: - r Avenue Howard Beach, New York 11414 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER 617.20 SEOR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART t -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) i.APPLICANT/SPONSOR 2.PROJECT NAME Robert G. Bombara Robert G. Bombara 3.PROJECT LOCATION: Municipality Southold, T/O Southold County Suffolk 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map Refer to Building Permit Survey 5. IS PROPOSED ACTION: ® New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct 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? ❑X Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) NYSDEC — Tidal Wetlands MYes ❑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? ❑Yes ®No If yes, list agency name and permit / approval: 1II2�.[Dyes A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ures ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponso Name Thomas C. Wolpert, P.E. , Agent for Applicant Date: Signature (�• l/v /Q t� If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Board of Trustees Application County of 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 STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF G�Ta 20Ao Notary Public WI§M ED WAOIRD W Alby' NOWY ft"c. SUft Qualified in Queens County Contntiavion Expires August 31,20 ld *card of Trustees Applica*n AUTHORIZATION (where the applicant is not the owner) I, Robert G. Bombara residing at 98-16 163rd Avenue, (print owner of property) (mailing address) Howard Beach, New York 11414 do hereby authorize Young & Young (Agent) ATTN: Thomas C. Wolpert, P.E. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner' s signature) 8 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the oart of town officers and employees.The puWse of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Robert G. Bombara (Last name,first name,.middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest`Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this forth and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); - C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted h's day of 200_ Signature Print Name Robert G. Bombara Form TS I YOUNG &YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 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 October 13, 2006 Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 RE: ROBERT G. BOMBARA at Southold, T/O Southold, New York (06-0320) Dear Members of the Board: Enclosed are the following items: 1. one (1) - Southold Town Trustees Wetlands Application, 2. one (1) - Notice to Adajacent Property Owner, 3. one (1) - Short Environmental Assessment Form, 4. one (1) - Applicant Affidavit, 5. one (1) - Applicant Authorization Form, 6. one (1) - Applicant Transactional Disclosure Form, 7. one (1) color set - Photographs Nos. 1-6, and 8. seven (7) prints - Building Permit Survey last dated October 13, 2006. Kindly notify us of the amount of required application fee and we will forward same promptly to your office. If you have any questions, please contact us. Very truly yours, Thomas C. Wolpert TCW/mal Encl. cc: Mr. Robert G. Bombara + Encl. Mr. Anthony Gugliotta + Encl. Planning Engineering Land Surveying Architecture YOUNG &YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 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 HAND DELIVERED October 26, 2006 ATTN: Lauren Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 RE: ROBERT G. BOMBARA at Southold, T/O Southold, New York (06-0320) OCT 2 6 2OC6 Dear Lauren: Enclosed are the following items: 1. two (2) - Southold Town Trustees Wetlands Application, 2. two (2) - Notice to Adjacent Property Owner, 3. two (2) - Short Environmental Assessment Form, 4. two (2) - Applicant Affidavit, 5. two (2) - Applicant Authorization Form, 6. two (2) - Applicant Transactional Disclosure Form, 7. two (2) color sets - Photographs Nos. 1-6, 8. application fee - our check payable to "Town of Southold" in the amount of Five Hundred Dollars ($500.00), 9. one (1) original & two (2) copies - T/O Southold LWRP Consistency Assessment Form, and 10. seven (7) prints - Building Permit Survey last dated October 26, 2006 amended to depict the Landward Limit of Natural Protective Feature Area. We understand that submission of these documents and staking the proposed structures by November 10, 2006 enables this application to be scheduled for public hearing with the Board of Trustees on November 15, 2006. Planning Engineering Land Surveying Architecture Page 2 October 26, 2006 Thank you for your assistance in this matter. If you have any questions, please contact us. Very truly truly yours, Thomas C. Wolpert TCW/mal Encl. cc: Mr. Robert G. Bombara + Encl. + 1 Print Mr. Anthony Gugliotta + Encl. + 1 Print ________________________________________________________________________________________________________________________ ________-_____--__________________________________________________-________________________i I I I Young ! Yourg I roo il I , Ms.ln w•M m.�N xr 1M ilwr I I I I I I �, �yi h •. I II iI R .�. �•�f _ II I j I ( I, . I I i I 'Q I II iIf x T I r9Y I i ae I II 3I, * it I I ryr r' t / J i y I I » FF I ♦ A I N t i, IY t t Y I II F 0,4 I i 10 I I ! I I I Y I I �» .RN /t II ii i, rtl7 II I II f I II ii .• . T 11 I I , I I i i IN I � I 11 I w Iqr qn r�l: I ! @, i � MAP PREPARED FOR I i a i i y _ R08ER7 6. OMBARA Ilb EI A9xrmel:4—ey=q I» xne�cweey w.l rc.» ♦` f �� AERIAL OVERLAY 'V� ry, I I I I I L----------------------------------------------------------------- ---------------------------------------------- -------------------- 1 I I I j Younp ! Ywn9 ' J Mr4f .tS.'�.�r�.e.P"'J'`q�,!Y. ' I I N 'Al 10 0, �O 0� 0 9➢- Y . 56 i a.c3 T. ,.p i .� o, e If, p e' odo t I I "do / ey -21 ry♦'�' e�° N V 15 2006 I b p \} dim / gyp, 8.45 1 8.22 r 8.45 rg'�c, `��SS `♦ a'9p v� 6.66. b i 0 Jr -e.t-F -r.5-7 ♦ �h h o- / . t ♦ 6.39 �. b.B / / 'a 32 ^r e ♦ 6.4 / 8 21 1 5,7 I Q •5.20 / '141 S�rA GP ♦ ♦ (/�J o Fr: Y I� P 40 6] VY♦ I r42c /✓ �9J � e.o2 dV OATA i Y $jl I�\ / ¢ 6.53 Auw.am er. �♦, O 8.44 w.r..o.v. ...�a.,.M..... �,p.� -(� 6so � ♦ jal 89 4Z 8.33 ♦♦ rw n¢+ueeo row I'1 ROBBRT 6.BOIBARA i1 = NATURAL PROTECTIVE Iij FEATURE AREA /r//10 �t / 0 .N•.aw�. •>* h /� esi . . = PRINCIPAL BUILDING AREA P 8.26 PRESENTATION ' `------------------------------------------------------------------------------------------------------------------------------------- N NOTES Young & Young 111 400 Ostrander Avenue, Riverhead, New York 11901 Aii / /. ,4REA = 24,5711 50. FT. 631-727-2303 114 . 19 �° / .✓�jF VERTICAL DATUM = N.G.V. DATUM (M.S.L29) Howard W. Young, Land Surveyor t. Thomas C. llolpert, Professional Engineer �. < SEE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast Architect a E 36I03GOI54 5 LAST DATED MAY 4, I998 Ronald E. Pfuhl, Landscape Architect W . / VJ ,j�'/ �.�. / Douglas E. Adams, Professional Engineer ' � / 4 /� / ° HEALTH DEPARTMENT USES y o-r s' / 0 � 4 p T(4vd / GPo� ��� JJJ // B.b, i � h C[A+.o°,7 /' NOV 15 'J03 j$ �5 �" pbt � 8b3 J �� �i/� 1@N •6A6 ZRO 10 Ie � / 90�� ,9 ` y `Yo / fit •J 4.02/\ o / of+ , i g�lfq` 40 � c9 // _� SURVEYOR'S CERTIFIGATI � y1- it L NE561 e bAr 1522 AID 8.41 J9 / `�f.T jJ�� E /.`C TST a `n , �' / 66 I g�fi5T •�6�'._t,'�v1e `� ; V6. / j� HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 3 � 14 25 /y�o \ s36 \\�'� 0 ' ' 64, \r`y ' �/' \�'8/6 B� tallo PNe n TEST HOLE Ir B2o / T.41 i B.00 '6 o FE Br p>GWoTE.05�sc1>,rcE G s0^ ''�,. 0 FE 2 y, SURVEY FOR .40 !n o EL.6.45' OA' 0 13 , �/// b6 ."g, 6.9 6 / -I B24 �Of' ROOT 6• BOM5AR�4 PALE BROMN �2 �Q At Southold, Tom of Southold �� FIDE TO I \ ♦' Rb WAR.W \; ,� Suffolk County, New YorkIII SAND +.6; \ / u.4a r5vu Rq» +"� �� Bso }O County Tax Map DI•alot 1000 sects«, 54 Blook 04 Lot I Ile, 6WIbs' 4b' i r is B fir/ 3 B53 �`, Bb )9UILDINS PERMIT SURVEY WATM IN PALE BROM FINE TO /Q B2.2 WARSE /J Yni" bENERAL AMENDMENTS NOV. 14, 2006 AN Bs1 ` ADDED GEHA LINE OCT. 26, 2006 0 /'tr PHOTO NUMBER < VIEW DIRECTION OCT. 15, 2006 6ENERAL AMENDMENTS JULY 31, 2006nN 3r GENERAL AMENDMENTS MAY 31, 2006 MAP PREPARED MAY 9, 2006 lips p.NONseNr ser 0.momh NT Faun A.sT. ser A.9TA Fou'ro SCALE: I"=40' ebb c.GHIMtY w.saoF overt s.sToaP ce.cew.It erirnwce o-- .vHoro ru�ec•view vlRecnoN JOB NO. 2006-0182 BQ I @ DWs. 2006_0162—bp b p, Young & Young N NOTES 400 Ostrander Avenue, Riverhead, New York 11901 g-th AREA = 24,514 50. FT. 631-727-2303 4 / /5sa .V.VERTICAL DATUM = N.G DATUM (M,S.L. Ig2q Howard W. Young' Land Surveyor 8) a Thomas C. t, Professional Engineer Bx o F SEE FLOOD INSURANCE RATE PANEL NUMBER Robertert C.C. Tast, Architect J� /./ � ^� 56105CO154 G LA5T DATED MAY 4, Ig98 Ronald E. Pfuhl. Landscape Architect 6 W E vJo i/ �� Douglas E. Adams, Professional Engineer HEALTH DEPARTMENT USE v o /DK •H.52 �al''i 8.49 .H.r =Hs, 3Eiji,'il v �V 4 s O (00� Va P /m o� � Q, � .9.,1 / ' I \� n / ry 9, �e� �y C O,� // 2r tea„ €'€ yy �J ae 0 410 .64.bb0 V' � 3 � q 6.96 � P Al c c Y e likInd .,2 / 9.05 •9.H2 $ \` /O b. TC' X14 // s?8,1- ,, -'o �cP rq / �/ SURVEYOR'S GERT I F I GAT ,�JC�Alf H:I� / PIEW yQ bry qA" / � �'StR 6.54+ / / 't� V�. Y O .H.45 y� 6b l91/ �y P tv� ,t• .l BSI \tl�\\ `99 l"/ na/ \\� 650� ` j 6 6.H / ./tr l� s F //S e s .47 ,s, �h ., 1 •JEaS tea.BW qB sr "o-1U�" r `. TMc, a / HOWARD W. YOUNG, N.Y.S. L.S. NO. 455g3 lC 45;`5.i/ w! a � i1 J / H�5 �EDLAvO�' ko 7o g l �I Ob "CP 9 TEST HOLE �� G o„ +H-2o 9�I r5 a a oP FE / 4 $ BY McDONALD 61505VENCE '� �O^ `�.� O FE 32 H2 SURVEY FOR o DATE. 05AII06 SS rct c EL•6.45' 0.0' OC/ ~/ �e///' 6.9 / 524 VOC ROBMRT 6 �ONtSARA q J 9W 6.02 ` O • , ; , PNFFINETO ee / �� , At Southold, Town of Southold <Re SAND 9� � H.4455 Suffolk County, New York g � 54 Block 04 Lot IGB5 6WI65' 46' � p- �jj H <P/ 8b5 H�3 \\` �iO UYlty Tax �"�Q�7 District OOO Section 6 WATER IN , SUIL OINIS PERMIT SURVEY C. H9 PALE BROWN FINIE TO / 9 ��C COARSE O / y'B\ R@ SAND 82 / �4 O •65I ADDED GEHA LINE OCT. 26, 2006 g H�6 PHOTO NUMBER d VIEW DIRECTION OCT. 15, 2006 m ILo' JULY 51, 2006 Set, y MAY 51, 2006 gill MAP PREPARED MAY q, 2006 is p•MON112NT a 0.NO w Falrro A•5TAee s A•6TA Ewan SCALE: 1"-40' ey low 11"o c•cwratr ao=sooF oven s•srooF ce•cew.s BarnaNce o-- =FHoro w " virav oisrxnoN JOB NO. 2006-0162 Q DW6. 2006_0162._bp BI I 3 N NOTES Young & Young OR 400 Ostrander Avenue, Riverhead, New York 11901 sJ AREA = 24,5•111 50. PT. 631-727-2303 �I '94 VERTICAL DATUM = N.G.V. DATUM (M.5.L. 141241) Howard W. Young, Land Surveyor y �g �A Thomas C. Wolpert, Professional Engineer �. / • 5EE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast, Architect g' J\ / / is � 3610500154 G LA5T DATED MAY 4, 1998 Ronald E. Pfuhl, Landscape Architect ! W E /� .� �/ / ^��� / Douglas E. Adams. Professional Engineer ne /� / o Is / HEALTH DEPARTMENT USE ,rye ry'� /' �> / •6.32 bsb �`za 6.a9 bs3IS 6.r 6s, E O�V 0� a / NV 0 A i / !_ / 10.4 O / t AC'p% \�\Cp 4A5 6.80 4V�%�ry 3 9.41 b� 9C 7 �e / •6.96 Jyo .12 612 �co\�40 o�p Ply/ /639 / / SURVEYOR'S CERTIFICATION 81 40 ,.05 8 \ 2 mry rya �y . 6.34' ///?/•6.45 { EW YO o /2Y e22 s yyjjJJ 6e a LiL uyJ p ,b g S .4, �.,s N , \\� `, .9s� T\b.� T y �,.9s��� ' vl \ 5T \ 62s HOAARD W. YOUNG, N.Y.5. L.5. NO. 45893 / 45 `) Ll h0 gQ/ ,,ob a °' b.a, `c "OED LA "+ TEST HOLE Y O •820 / ,.41 T CR ' \ IF a Be MCDATE. 0 6E05/11/06 ENGE O ° 8 DAIS os/11/O6 ^ rd �' FE SURVEY FOR ° oEL•6.48' 0.01 S`OC'?je* �aiij ,� s`Y� 6.9 PALE BROYH / eS z 62a �Qo I�V1`T 6. L7��I�IL7111`� � rim TO W \9 y� / ��6.� s3 At Southold, Town of Southold �� 6,0 / 0 Suffolk County, New York 6 �Itr 555 County Tax Map District 1000 section 54 Block 04 Lot Iq •e`' P �;M, i t� A 8.3 o\�\�� \ BUILDING PERMIT SURVEYMW TO 3�R� 82 4 c l 0 srU �'4 /4rr.asi ` PHOTO NUMBER 4 VIEW DIRECTION OCT. 13, 2006 Y .ULY 31, 2006 Ei`e� Bm llA' / y MAY 51, 2006 MAP PREPARED MAY 9, 2006 t s QIr p.woru+e,+r__. ■.rimama+r i— A Tr a �•5Tn i— SCALE: I"=40' c.uxraa:Y Ro.rsaor odee s•sroor ce.eea.nre enwwce o-- .n:oro arse,vl�v eiRrsna+ .JOB NO. 2006-0182 E OHS. 2006_0182 by Young & Young 111 N / N0�5 400 Ostrander Avenue, Riverhead, New York 11901 g4l AREA = 2407q 50. FT. 631-727-2303 3 / n / Howard W. Young, Land Surveyor \ VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) Thomas C. Wolpert, Professional Engineer • J /,% �' • SEE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast, Architecte 'i Ronald E. Pfvh4 Landscape Architect 8 ' ��C� 36103G0154 G LAST DATED MAY 4, Ig98 W E vet/�O /;y ,�, Douglas E. Adams, Professional Engineer HEALTH DEPARTMENT USE m S �� ;'• mod„ / / � e 85, q ` .Oh 0^� �(4%` / a •/b5s� /// ' B.� R / �Q+i y�� ,/' 04'P // '�, /1' 8bB 9.4'i / 6.96• FOR g O 4A,'1� 10b9 fee( 4.02/4jA�' 36, o -N �l� /O•' 6.12 6,2 �� 656 ,� / SURVEYOR'S CERTIFICATION, � / n o o / y \ i 639• OF o tP P .p / 6.54,' // e.45 •1.05 // 8 8As . oP�`yj�'a1AA+ 0 0 • .p', ryry� .\\ 'e /b • / 6-22 e-" ypk .o4- // � /� �4�` \ / pt ''O�i.'Z'.�.� ' x, ' •b / ./� •v �' i .�4 5 r£` �f•y� •8.41 751 ?S S b i a.22 ...ti.y.. "✓ 6 ",52 / '` 6. / / H0KARD W. YOUNG, N.Y.5. L.S. NO. 45893 • jig /ST /�� l 'i // � 825 Lrt� y��e r TE5T HOLE `r G o„ eso 8.o'o41GPo 6s= / SURVEY FOR BY I&PONALD 66050IEWE -� �O o ' 6s o DATE 05n1,o6 ss �� , 6. , �, ��� ROBERT CG. BOMBARA c EL•6.45' OA' OC e^ a/// FE 6.9 8.24gill /qey ,� �� AtSuffo k IGountynN w York Southold R PALE �Q / FINEE T COARSE E a County '' 1Ta^xi'MOP p�o�l.vlot�00p0/s�.c�t/lor, 5A4' .�Block �0/�4 Lot Iq J �e bW.185' 4b' s$7' J� 8 893 `` BUILDIIR7 PERMIT 71/I VE � /YILI\I ATE I � WAIVR IN ,' 8.5 \ pil PALE BROM FINE TO 4:0 WARW 8.2 SAND ^j I��} I��} M O (5VU �IQ /r_•851 8?b IS IS LI 15 3 6 / tle m Ilo' D1109 MAP PREPARED FE5. 9, 200-T JUL - 6 2007 Q r�� p•r+oru�e+r ser .woq►atr Faun �•sr, ser A •sTn F SCALE: I200 BPI 3N ST c.aHlroer wo.saaF ogee s. OOP u.ce.�'n ern:ur+ce o-- •vHoro wnTae s vie•+wrmcna+ JOB NO. 2006-OI82 Southhold Town DYVb. 2006_0182�p_rl Y�, oar o rus ees h i { i t s.. v i i . w +e��1-l+ tea^^^. cVs... �,• � bra' 02/24/2006 09:12 5184732464 COASTAL KtSUUfi�:t'� rH"t `�=i COASTAL FISH&WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Goldsmith Inlet and Beach County. Suffolk Town(s): Southold 7ys'Quadrangle(s): Southold NY Desi ted: October 15,2005 Assessment Criteria Score Ecosystem Rarity(ER)—the uniqueness of the plant and animal community in the area and the physical,structural,and chemical features supporting this community. ER assessment:Maritime dune and maritime freshwater interdunal$wale communities,rare in 64 New York State. Species Vulnerability(SV)—the degree of vulnerability throughout its range in New York State of a species raiding in the ecosystem or utilWag the ecosystem for its survival. (E=Endangered,T=Threatened,SC=Special concern) SV assessment Piping plover(E,T-fed),least tern(T),and osprey(SC)nesting. 52.3 Additivc Division:36+2512+ 1614=52.5 Human Use(HU)—the conduct of significant;demonstrable commercial,recreational.or educational wildlife-related human uses,either consumptive or non-consumptive,in the area or directly dependent upon the area. KU assessment:No significant human use of fish and wildlife resources of the area. 0 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. PL assessment: No unusual concentrations of any fish and wildlife species in the area. 0 Replacesbility,(R)—abi/ity to replace the area,either on or off site,with an equivalent replacement for the same risk and wildlife and uses of those same fish and wildlife,for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index=[ER+SV+HU+PL)=116.5 Significance=HlxR=139.8 Page 1 of 6 Q2/24/2005 09:12 5194732464 COASTAL RESOURCES PAGE 93/98 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE Goldsmith Inlet and Beach LOCATION AND DESCRIPTION OF HABITAT: Goldsmith Inlet and Beach is located on the north shore of Long Island,between Mattituck Inlet to the west and Horton Neck to the east,in the Town of Southold, Suffolk County(7.5'Quadrangle: Southold,NY). This approximately 150-acre area is bounded by Long Island Sound on the north, Horton Lane on the east,Sound View Avenue on the south,and Mill Lane on the west. The fish and wildlife habitat includes a narrow area of maritime beach that extends approximately 2.25 miles along the Sound from approximately 800 feet west of Goldsmith Inlet northeast to and including Horton Lane Beach;Goldsmith Inlet and Pond and its contiguous tidal wetlands,which lie at the western end of the habitat;and a mosaic of maritime dunes,maritime freshwater interdunal swales, wetlands,andwooded uplands extending from Goldsmith Inlet CountyParknortheastto 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 maritime freshwater interdunal swales. Theselatter two communities extend from approximately 1.5 miles west of Great Pond southwest to Goldsmith Pond,and are considered rare ecological occurrences statewide by the New York Natural Heritage Program. Approximately 70 acres ofmaritime dune habitat extends from Great Pond to Goldsmith Inlet,with approximately 22 acres of maritime freshwater interdunal swales located adjacent to the dunes. Small wetlands containing poor fen species such as cranberries(Vacciniu m macrocarpon), sundew (prosera intermedia), twig-rush (Cladium mariscoides), and marsh St. John's-wort (Triadenamvirgimicum)are also located within the habitaL Slender blue flag(Irisprismarica),arm plant species with less than 20 remaining sites or individuals in New York State, has been documented within the wetlands of this habitat. FISH AND WILDLIFE VALUES: The Goldsmith Inlet and Beach habitat consists of several associated significant natural ecological communities.This highly diverse area provides important nesting and feeding habitat for a variety of migratory birds. Least tern(T)and piping plover(E,T-Fed)nest along the habitat's beaches. An estimated annual average of4 breeding pairs ofpiping plover(E,T-Fed)were observed at Goldsmith 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 documented 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 40 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 from 1998 to 2003. Page 2 of 6 e2/24/2885 89:12 5184732464 COASTAL RESOURCES PAGE 84/88 Recreational uses of Goldsmith Inlet and Beach are concentrated in the area around Goldsmith Inlet and Goldsmith Pond,where blue crab and American eel are harvested recreationally. The Town of Southold maintains a public beach at Goldsmith Inlet,and Goldsmith Inlet County Park includes 34 acres of park land which is home to a diversity of wildlife. Peconic Danes CountyPark,on the west shore of Great Pond,south of Kenny Road Beach,provides access across the beach to Long Island Sound for surf fishing. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality and/or terrestrial natural resources at Goldsmith Inlet and Beach would adversely affect the biological productivity of this area. All species of fish and wildlife would be affected by water pollution,such as chemical contamination (including food chain effects resulting from bioaccurnulation),oil spills,excessive turbidity, 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 to reduce non-point source pollution and sedimentation from upland sources. Alteration of tidal patterns in Goldsmith Inlet Pond,bymodification ofinlet configurations or other means,would have major impacts on the fish and wildlife communities present No new navigation channels should be 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 material when wildlife populations are least sensitive to disturbance. This is especially critical during the nesting and fledging period for colonial nesting birds from Match 15 through August 15. Dredged material placement in this area would be detrimental,but such activities may be designed to maintain or improve the habitat for certain species ofwildlife. Existing andproposed dredging operations in this areashould incorporate the use of best management practices to avoid and reduce adverse effects. Construction of shoreline structures, such as docks,piers, bulkheads,or revetments, in areas not previously disturbed by development(e.g.,natural salt marsh,tidal flats,or shallows),would result in the loss of productive areas which support 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 of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall natural resource values. Unrestricted use of motorized vessels including personal watercraft in shallow waters could have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and fish. Installation and operation of water intakes could have a significant impact on juvenile(and,in some cases,adult)fish concentrations,through impingement or entrainment Page 3 of 6 02/24/2006 09:12 5194732464 COASTAL PESOURCES PAGE 05/00 Nesting shorebirds inhabiting Goldsmith Inlet and Beach are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing,off-road vehicle use,picnicking)in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g.. dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas 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 nesting habitat in this area. HABITAT IMPAIRMENT TEST: A habitat impairment test must 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 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: • destroy the habitat; or, • significantly impair the viability of a habitat. Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance,or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, 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,substrate,salinity)beyond the tolerancerange ofan organism. Indicators ofa significantly impaired habitat focus on ecological alterations and may include but are not limited to reduced 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 i 02/24/2006 09:12 5194732464 COASTAL RESOURCES PAGE 05/09 Nesting shorebirds inhabiting Goldsmith Inlet and Beach are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 thtugh August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g.,boat and personal watercraft landing,off-road vehicle use,picnicking)in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas 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 nesting habitat in this area. HABITAT IMPAIRMENT TEST: A babitat impairment test must 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 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: • destroy the habitat; or, • significantly impair the viability of a habitat. Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance,or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, 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,substrate,salinity)beyond the tolerance range of an organism. Indicators ofa significantly impaired habitat focus on ecological alterations andmay include but are not limited to reduced 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 I Page 4 of 6 A2/24/2006 09:12 5184732464 COASTAL RESOURCES PAGE 06/88 loss of individuals through an increase in emigration or an increase in death rate indicates that the tolerance range of an organism has been exceeded. An abrupt increase in death rate may occur as an environmental 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 ofparameters which should be considered in applying the habitat impairment test include but are not limited to the following: I. physical parameters such as living space, circulation,flushing rates,tidal amplitude, turbidity,water temperature,depth(including loss of littoral zone),morphology,substrate type,vegetation,structure,erosion and sedimentation rates; 2. 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, 3. chemical parameters such as dissolved oxygen,carbon dioxide, acidity,dissolved solids, nutrients,organics,salinity,and pollutants(heavy metals,toxies and hazardous materials). Although not comprehensive, examples of generic activities and impacts which could destroy or 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 02/24/2006 09:12 5184732464 COASTAL RESOURCES PAGt tl//tltl KNOWLEDGEABLE CONTACTS: Habitat Unit Bureau of Marine Resources NYS Department of State NYSDEC Division of Coastal Resources 205 N.Belle Meade Road,Suite 1 41 State Street East Setauket,NY 11733 Albany,NY 12231 Phone:(631)444-0430 Phone: (518)474-6000 New York Natural Heritage Program NYSDEC—Region 1 625 Broadway,5ih Floor State University of New York,Building 40 Albany,NY 12233-4757 Stony Brook,NY 11790-2356 Phone:(518)402-8935 Phone: (631)444-0354 Office of Ecology Town of Southold Trustees Suffolk County Dept.of Health Services Town Hall Bureau of Environmental Management 53095 Main Road County Center Southold,NY 11971 Riverhead,NY 11901 Phone:(631)765-1892 Phone:(631)952-2077 Town of Southold Planning Board Town Hall 53095 Main Road Southold,NY 11971 Phone:(631) 765-1938 Page 6 of 6 i W 4. 71 • `? : . Ar To 1 1 fj J I 1 . . 1 1 1�� • \'ll 1 11 � �, I 1 / 4. Maritime dunes: a community dominated by grasses and low 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 (Lathyrus japonicus), 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 pumilus) 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 1 m shrub height, to areas with shrubs up to 4 m tall forming a shrub canopy in shallow depressions. These low 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 low 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 (Aster paternus), 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 low heath or heath-like shrubs that collectively have greater than 50% cover. Characteristic shrubs include bearberry (Arctostaphylos uva-ursi), 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 flexuosa), little bluestem (Schizachyrium scoparium), Pennsylvania sedge (Carex pensylvancica), rush (Juncus greener), asters (Aster dumosum, A. linariifolius, A. solidagineus), bushy 1201905/0 1 ' FW911M RECORDED Nunitrr.1 paµes rolluF:ns FEB 09 2000 OOFEB-9 M10•30 Senulu EU'�"•,•• •;��IIE "AN"TAR t I•. x Cernllsalra UW1Y SUFFOLKFOLK CILIUM l4ior l•II:a _-----. __........... 28353 I keJ'NLurµaµr Imbuntent 1)ee•I Nl1atµaµr lily tilnulp Recunlinµ/('ilinµ Swnq+e ) FIPS Polk t I-ilinµ Fee ..�h i Nlmiµtge Aial liatxllinµ I 1.limit Iits TI'•}µl �_ :.Additional Ins Nulmiun Sub Total _ lie\•>;17(1'uunl)) _ _ _ 5uF'l Ulal %iwc.'A,ftit nl F.AdI17(Smlcl Slice./Add ��'Vaat,tt fl Is.'1.SA �' 1•� t"l//,►,� fill Nllti. IAR cmall,ofl':I —._�QS2... �' �};. , i�l Ilebl lin Alywilamtrnl .r t �'JI J�J AOldara _ .__ • r i� 1ramler I'm l'erullrA l'oq ._ .. R\rpdsis* I hr plaprily cmcmd by thh alurlµnµe I'm Keg (AT> [[// �✓ will ticuupnwed h) a one Ittxu Innub ^—_ Sub Iulal . _(_7_.._. .._ 'Imllinµold). Yl S_of Nu.._ ..- -_-- IiRANU IUTAI.�._ I(NO.see Upplol+rlule bta rinu:c un pal:c a _ -of this M insulmni (teal l'nryuril laxService Aµrixy Verilicatiou a l'uuununllV I'reservl1liuu 'uud �a IhU. Secliun 111aA Lm ConviJerutiull Automn 1+ v 04*5400 00 0/Aw0 rl'l I nr I)ne f Ji "loved •� --_ .. Y sow Lund / Smisli,clu,uvUtscluvµer/llrlrnvrs Litt I'roprry u,snrn Mailing Addre. ,_- ueroau a Reruun ro; FEB 09 M �Q.R.tC 1.1 Ph4n v` LUp OOMMUNRY I ) 805 'TkAAf� a ,..t�.s� PPR TION /. . ltie,� Uyt, -, yLLI lo0VL-7S (j d �J � U ll '1'lllc Com muv Informn(iuu C11 Natnc FwT /'1ovw%4LA� rilI 1 051a4 .?Or Suffolk Comity Recording & Endorsement Page f Ai.Iwgr Ibmty I to of)1x au:elk\I . __ 46,ou C .. _ . _ m+Jr ly (SI'I•.C'IPl'lYI'PIN'INS IRiINIPNI'I �,_.�,.T►�_..STPG�Y�IR�LI.___ 'lhe pinmiwr herein iv xinud\rl m Sill'flH.�t'ul IN I1',NIi1Y 11 NtK. Tt) In the 1 insmhip of_,50 X In I NIIIAIil:or I I III ALS 5 11111011 N hit IS I,If—li''1'YINA)OR L'I-tIN111)IN 141.,ACK INK ONLY PRIORI a RECORDING OI(I ILING. (OVER) •t 001 e..aw a%art Ywa owl 14T rN awn. nn...a...6144.1.4.Law 6L.r..Palm.,.+.. .1 wIM Nw✓.M. Ito•r r., CONSULT YOUR LAWYIR 113041 SIONINO THIS INSTRUMINT-THIS INSTRUMINT MOULD/t USIO IV LAWYIaf ONLY THIS INDENTURE,merb the 11,1 It day of ;C'ur.•r'r v%1 a., , nineteen Ito ndred and it htrty-n f nr BETWEEN AUN PI.AMIAMlYER, hoving Ili addreliN or GA lk•ndow Inknv, 12-L, II1glit Ntnwll, Now JorHoy 08520 party of the first part.and ALEXA.NPEA M. S7T)MIl1YER TRUST INDER ACRIiI'31INC GATED DECIN ER 6, Pit)'), AS ANFNDhID, hoving not nrldrovn e/o Nirr, Ikirkii d llphnm 1,I.11, 805 '1111rd Avenue, New York, Now York IOn22 patty of the ascund pan, WITNESSETH,that the pstty of the firm part, it,runtidnroilNn n(Ten Dollars snit other valuable emukierolim: paid by the party of the second pert, dot hereby grant still rates,, unto the petty of the second part, the hills or auceaMu And avmgns of the pant,of Ito world pan forever. ALL that enialn lot, liner or rarcri of 1 nd, wilt. the bill.1141P. m InILI�rnvement arnn erred. a luate. Wait snit bring in the 1'Clywlt o�' Southold, Comity oP rinl , SUItr o� Nrw Qor�C, mu more pnrteculnrly drNerilvd In 1-Mithit A tittnched horoln and nutdo it lvirt hereol'. nita."nox n'Lh ail riµld, Idle end tnt.rem, it Nwy. ..1 Ihr }coltt ill 11m li rl 1q� rl in still to any alreeb and raved, abullina the suave, de..rribed promises In the terror line, Ilirirnf: 1'OGKI'l1EH with the a gmnenstre. and all Ill.total,still rights of the patty of the first part h, and to Said premlan; TO HAVE ANIS TO HOLD Ihr prsmrisee herein granted moo Ilia parr% tit the second poll, the heirs-it socrnsnio Still asaigna of the PStIy of ibe accord part (..Corer. AND the pert of the first part covenatth that the piny of the brsl port Visa nut done or buffered anything whereby the said prom�sn have Iwen enrwobrrrd iti any way whatever,rtre al na Alor"Ald. AND the purl}'of the first pert,in eomphanre with SeMlan I:1 of the �.irvu Lnw,cnvelutga that the pAl1yy of the first pan will receive the eon+uleatlon for Chia nmvol ance still will hoki the right In a.celve such canaltlelallen As a trust fund In be applivd film for the purpose of reying the rmI of the improvement And will Apply the Same first N. the payment of the cast of the impro%rmant helore using stq earl of the noel ill the name for any other)mrpoA•. The word"party"Shell he construed as if it reed"parlier" wheor%cr Ile sell"of Ihl%indenture an require.. IN WITNESS WHEREOF, Ili, part% of Ilia No part tun dnl% meruted Illt$drood the dot, and year firm nbmr written.lY MCItric[Ira': KIRK M. ST(VUBEM I STATE OE NOW YOKK. COUNTY Or ew STATE OF NNW YOKK, COUNTY Or eel On the day of 19 , leforr um tAt dir day of 19 . before me persona ly came Itereandly came to me known to be dot Individual described It, and who to nit, known it, Iw the individual described In and who eveeweti the foregchq Instrument, mind acknowledged that maerowd ihv forrltoing Instrument, and aeknowbdged that eaeeutod the tame, n.Mtiterl tit mama. STAY$OE New YOKK,COUNTY OF ma,- STATE OR NEW YORK, COUNTY 0E an On the day at t9 ,Won me On the day of 19 ,before me personally tame penundly cents to me known, what beinK by me duly sworn, did depase and the sub.cribing witness to the (or*CoinE Insrumenl, with say that he reside.at o. whom I am personally acqutdnlel, who, baba%by me duly I sworn, dill depnae and may that he r aldes of IVN Ihm he Is the t of that he knows the corporation dtrrlbed in and whidh saecuted the foregoing Instrument; that lie to Iw the Individual knows ilia mat of said eorportwon; that ilia seal amaal Jr.wriibud In and who eteculel the foregoing Instrument; to .Said Instrument B such corporate end; that it was an that lie, .aid subserthing whiten, was present and saw albaed by order of the board of dlnctorm of said corpora. naesute the mma; and that he, sale wltnem. Halt. and that he dined h name thereto by like order. at ilia some time subscribed It name am wlmcm thereto. DISTRICT low 111ittawln anto twig 111111; SECTION 14 Witte CoviNaNT Maims? ma Osaef 's Ace MOCK 4 ITLa NO. 1!!l' ►9 COUNTY OR TOWN SUFI• IX ALL M. STOMP YFR TO AI,FKANDFR !I, ST0i,il11•:Yhl9 TRUST RITURN BY MAIL TM IrNfint ACltlk:Ni•Nr DATED DGCh?mi•m G, l9°ti — hC AMgIIDIZ Chrintripher J. In)710, h:nN, liter Mckn d Upham IdR Sn") Tit t rd Avenue Now York, NY IM22 7Jp No. v Z g r WITHIN NEW YORK STATE STATE OF NEW YORK ) )ss.: COUNTY OF ) On the day of_ In the year , before me, the undersigned, a notary public In and for sold state, personally appeared , personalty known to me or proved to me on the basis of satisfactory evidence to be the Individual(s)whose name(s)Is (are) subscribed to the within Instrument and acknowledged to me that he/sheAhey executed the some In his/herAheir capacity(les), and that by his/herAheir signsture(s)on the Instrument,the Indlvldual(s), or the person upon 1--ohalf of which the Individual(s)acted, executed the Instrument. Notary Public titti+44+t1+4t44+t44t4t++t4+t+tti++4tt++t+++tt+++++++t++t4 OUTSIDE NEW YORK STATE STATE OF Neu)S'c'r%ey ) )ss.: COUNTY OF A rc r- 1' ) On the o?U,dsy of c r�w ( e r- In the year f 7 , before me, the undersigned, personalty appearedta llgei , personally known to me or proved to me on the basis of satisfactory evidence to be the Indlvldual(s) whose names) is(are)subscribed to the within Instrument and acknowledged to me that hehhefthey executed the some in hls/herAhelr copecity(les), and that by his/her/their signature(s) on the Instrument, the Indlvidual(s), or the person upon behalf of which the Individual(s)acted, executed the Instrument, and that uc ) individual made such appearance before the undersigned In the v I s /u �'n) (Insert the city or other political subdivision and the state or country or other ple the acknowledgement was taken., im G 44 Nola id NOTARYSAN C.WOO P OOrr.4SWjjRM 007200.1 MY'CWWWW e8ON$Oro.ta,it101 1201%t750 ZXWH1T A REGINNINO at a point on the northerly side of North Sea Drive distant 1,675 feet outwardly from the comer formed by the intersection of said northerly tide of North So Drive with the outeriy side of Kemney's Road;naming thence Not 50 dorm,36 minus,00 seconds Wen 103 lbet,mote or lees,to the roam Idghwater Um of Long Island Sound;mnnimg thence sttnn4y along said meam hiOhwaoor line of Long Island Sound 100 fen;numing them South 50 degree,36 minus,00 uconds Eon 194 beet,more or lac,to said northerly tide of North Sea Drive;mvmming thence South 39 degrees,24 minutes,00 soconds West along said northerly side of North Sea Drive 100 diet to to point or place of begluft ht duffer mictred to u"Promises",but fbr AAw Id=Ucadon de ipmed as Plot NumbaW Severueom 07)by a certain survey of Wm.L.Miller,Licensed Surveyor,Wading River,New York,and guanmsed to the Interr•Cow►ty Title Guorany and Mortgage Company,July 21, 1947, 'room ER with the appurteru000s and all rho auto and rights of Ottmwr in and to said praWm,including all riparian dots,if any. sstus.i CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMEN7rHIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY At THIS INDENTURE, made as of the �day of 2006 BETWEEN Lawrence W. Milas as successor trustee o�XANDER M. STOLLMEYER TRUST UNDER AGREEMENT Dated December 6, 1995, as amended, having an address at c/o Lawrence W. Milas, P.O. Box 9227, Longboat Key, FL 34228 party of the first part, and ROBERT G. BOMBARA and MARGARET M. BOMBARA, as husband and wife, individuals having an address at 98-16 163rtl Avenue, Howard Beach, NY 11414 party of the second part, WITNESSETH, that the party of the first part, in consideration of$1,100,000 dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the place as described in Exhibit A attached hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALEXANDER M. STOLLMEYER TRUST UNDE AGRE M T Dated Dece er 6, 1995 as amended By: awrence W. Mllas, Trustee Form 3264 Standard N.Y.B.T.U. Form 8004 Bargain and Sale Deed,without Covenant against Grantor's Acts-Uniform Acknowledgment BRMFS 1 923876v l TITLE NO. 306-S-23099 SCHEDULE A All that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York and more particularly described as follows: BEGINNING at a point on the Northerly side of North Sea Drive distant 1,675 feet Eastwardly from the corner formed by the intersection of said Northerly side of North Sea Drive with the Easterly side of Kenney's Road, RUNNING THENCE North 50 degrees, 36 minutes, 00 seconds West 253.69 feet, more or less, to the mean highwater line of Long Island Sound, RUNNING THENCE Eastwardly along said mean highwater line of Long Island Sound the following courses and distances; (1) N 45 degrees 35 minutes 07 seconds E 48.18 feet, (2) N 43 degrees 24 minutes 43 seconds E 52.23 feet; RUNNING THENCE South 50 degrees, 36 minutes 00 seconds East 244.84 feet, more or less to said Northerly side of North Sea Drive; RUNNING THENCE South 39 degrees, 24 minutes 00 seconds West along said Northerly side of North Sea Drive 100 feet to the point or place of beginning, Hereinafter referred to as "Premises", but for further identification designated as Job No.2006-0320 by a certain survey of Young & Young dated May 18, 2006 and redated 8111106. .FOR CONVEYANCING ONLY, IF INTENDED TO BE CONVEYED. TOGETHER WITH ALL RIGHTS, TITLE AND INTEREST OF, IN AND TO ANY STREETS AND ROADS ABUTTING THE ABOVE DESCRIBED PREMISES TO THE CENTER LINE THEREOF. BRMFS 1923876v I TO BE USED State of New York, County of ss: State of New York, County of ss: On the day of in the year 2006 On the day of in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared Lawrence W. Milas, personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are)subscribed to the within instrument and acknowledged to me (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the Instrument, the and that by his/her/their signature(s) on the instrument, the individual(s),or the person upon behalf of which the individual(s) individual(s),or the person upon behalf of which the individual(s) acted, executed the instrument. acted,executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT -ISMADE OUTSIDE NEW YORK STATE State (or District of Columbia,Territory, or Foreign Country) of L/i/l o y`al-r ss: On the C5q i r day of in the year before me,the undersigned, personally appeared 1 to +rests �• NA personally known to me or pro d to me on the basis of satisfactory ewr�ence to be the individual(s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instr ment,and that su n individual made such appearance before the undersigned in the li U i (insetthe City or o her political subdivision) (an i sert the.State or Country other lace th cknowledgment was taken) ( ignature and office of individual taking acknowledgment) BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST GRANTOR'S ACTS M. LOU QUINN NOTARYPUBLiC Title No. WCOMINS8I(W+:wRF.A?13Ir0t19 ALEXANDER M.STOLLMEYER TRUST UNDER AGREEMENT SECTION 054.00 Dated December 6, 1995, as amended BLOCK 04.00 LOT 019.00 TO COUNTY: SUFFOLK STREET ADDRESS: 1725 NORTH SEA DRIVE, ROBERT G. BOMBARA & MARGARET M. BOMBARA, SOUTHHOLD, NEW YORK as husband and wife STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITER RETURN BY MAIL TO: DISTRIBUTED BY ROBERT G.BOMBARA,ESQ. 98-16 163RD AVENUE, Howard Beach,NY 11414 BRMFS 1 923876v 1 SEE SEC N0. 050 I L MPiCN g s. 1Z o OeDA aN 1C.Ex�� p 1.]4Ie E 9.2 - .. r 124�c1 'u I e J JAB . LId L]41c1_ Z LBB 0Y-W'01 � ni u' diva a .yx o9lrai s II� _ J t a O1IeU m 14 JZ oJl]-G] `�arsEEe 16 O J]ni 9 P 0 r1-G: S.SAfcl 'r'9 r GeeA 4a`�R1/J�) 22c I) ZI d w,� CCH} `../ "o S o' ,• ) IB 9•.+20LpA ]] 2by et? �8B t / v a r./ a 33 L24k1 � v ,• � ?e S ]G. 11, .w JI 4 1Q qF u. a r. Il u 942 Pb JO u b JJ9jC .. V 11 Z.Z4rc e f - , / . a91 �.T � 2I s4 ,x• x E) 6 JS' b ryp4 �/ d0 ", • QYB 2Zu• IS +/916.J +J B A cAry. J rn 4y".d �O g Ada et Jl4` • LJ9 , AS+ �ylS JB lB t 'L »J/>aai ZBS4/z./ �y ry0, .F /SS � / P. J 4rc 4rx• 8D ,° ^ {�'�. ; 9$B 1.B41C1 IB 4. 2 y $Jy tl ' 4) 4•S )3.$ ( `# n Z1j' � . ly. 4 JD 1.1q a a rtq A 4 �y a a, a 4 JB x, Z/S 8 y iJB g • 2 49 Z4 'f4rEy '),q o. B B 1J'94' i y J6 ZZ " l.Bq/� / JZJ/ E • j O ° 1 B O g $JY 8 2j xt� /L 4 _ 1.J I Z<J W �B/ 21.1 • ,..4 2 lam- s 0 A 20 � ]L.OAICI ,q 35 Z °' © 223A TOWN OF ,a l0 JJ 1 'L2q; u •k SWTNaO zz Y 4 J.64(el y £y� F�l a?B/s 1ww u 8 1) x �N4tr m ])Z Q 2w • 9 f e ].9AIcl r j t . 1 \Zlu g 36I s • a2� JS, � qJ>J.) 't !�~2; 4 / 21.6 yS , 2G» 's 216 ¢� cPo aJv x, JB s .. "' /9„ • l9, 4 2p,4 F > FOR PR.NO. et 2.3Al.1 J Z34/ Ilgc k ha -e. •2 4 ~..I ] ___ 059-0]-G20.5 _.B B • a q' "+s ^g26a -]'t. r6's q�Ny QO' YAiCN ----- LINE 'rg141�1S O '� B < he 0 I / r oL"a"O \O Op e SECTION NO T x IIF ,o °sl 09 x SOUTH z U FFOL K C K ! SO U ' W � COUNTY OF SU - COUN O .._a-:Fs nTl._ eJ Real Property RTaxv. Service Agency r nL� G 05 i L nw...,>M1.:m O E G POP GN GFF (211 2 `•" E o PEUTI a Pi y 1 Y 'EI m.x� .,.. .— ,. P C nixuE NlEet e A osTn6T No 1000 PROPERTY AI AP Count Ce ad N 119 1 C xew�r°.,ti __ u.•p.r.e. ., cL.m T T s Gn OCE .mom.oe.ra,w -`— ema o nEruY Y ix0ul eP iiEn PEPNS.KN OF iNF O in < 9E P JAN - 2 P.O. Box 450 Southold, New York 11971 December 30, 2006 g.greenheron@verizon.net James King, President Southold Town Board of Trustees P.O. Box 1179 Southold, New York 11971 Re: Bombara Permit Applications, 1725 North Sea Drive Dear Trustee President King: I was not able to attend the last two Trustee hearings relating to the applications referenced above. As the minutes of those hearings are not yet available to the public, I am relying on the accounts of others as to what was done and said at those hearings. I wrote letters in opposition to the permits and had them submitted at the hearings in November and December. I understand that you and the Trustees denied the applicant's CEHA and Wetland Permits. I do not believe you made a determination of the project's LWRP consistency, publicly. I would like to know if you and the Trustees agree with LWRP Coordinator Mark Terry that the project is inconsistent with the Town's LWRP. If you have made a consistency finding, has it been put in writing? Despite the fact that these two permits were denied on the merits, I am told that Trustee Bergen, in his denial statement at this month's hearing, invited the applicant to scale back the project and try again. Telegraphed in this gratuitous statement was that approval of a smaller project, one without the swimming pool on the beach (!), would be granted. If this is so, I am disturbed that an official charged with making objective judgments in the public trust would blatantly broadcast a bias toward development. By giving an applicant, who was not even present and did not even request one, a roadmap to Code relief, he, in effect, advertised that current and prospective developers need not fear that the laws of New York State and Southold will be enforced. As you know, this Sound front property that is located in a New York State Significant Habitat (Oct.2005) was purchased for the sum of 1.2 million dollars, and any project proposed on it will be completely waterward of the Coastal Erosion Hazard Area line that was established decades ago. In addition, the proposed house is less than 30 feet away from a "beach" instead of the required 100 feet. Development on this lot is discouraged or forbidden in at least ten parts of four different state and local statutes that have been in place for years. Under these circumstances, it is mind boggling that this property was marketed and purchased with the intention of massive development, as even rudimentary due diligence would have revealed its deficiencies as a building lot. It seems clear to me that people in the real estate industry and, according to the applicant's representative at the first hearing, people at the Building Department, are assuring land purchasers that significant code relief will be theirs if they simply ask for it. Trustee Bergen's remarks at this month's hearing encourage this expectation and in doing so perpetuate the continuing degradation of the Town's natural resources. I believe, however, that in fact you and the Trustees have no right, whatsoever, to grant relief. According to New York State Town Law, only one body in a Town has that right, and if there is a ZBA, they're it. As you know, I am presently suing the Town Trustees and the Town Board on this point, among others. I understand that you and the present Trustees are merely continuing a past practice of variance granting, and are certainly not to be faulted for instituting an authority which might be baseless. That said, I have every intention of going to the highest court necessary to cease this illegal practice. In the meantime, I am formally protesting Trustee Bergen's remarks to you and the responsible parties listed below, in that they indicate that he is acting as an advocate for applicants seeking the favor of code relief. It is my belief that the title "trustee" is defined as steward of the public trust, not expediter of private interests. What Mr. Bergen says in private, in a private forum, is obviously his own business. However, it is incumbent upon our public officials to be more disciplined and objective in their exercise of their public offices. Trustee Bergen's public statements reflect on the rest of the Trustees as well as the Town Board and the Town Code. I was happy to hear that the Town received several hundreds of thousands of dollars in State grants based on our LWRP Program and our compliance with it. The State's Coastal Management Programs and the yearly grants are truly great and generous "gifts" to the Town: we are basically rewarded for doing what's good for ourselves. As the primary conservators of Southold's salt and fresh waters and wetlands, the Trustees are integral to the Town's eligibility for these grants. I would hate to think that by failing to commit to the LWRP, the Trustees could jeopardize these opportunities. Sincerely, Thomas Rozakis c: Scott Russell, Southold Town Supervisor Southold Town Board Patricia Finnegan, Southold Town Attorney Southold Town LWRP Coordinating Council Denise Civiletti, Executive Editor, Suffolk Times Board of Directors, North Fork Environmental Council 585 Dogwood Lane 4 2GC6 Southold, New York 11971 December 12, 2006 Southold Town Board of Trustees Southold, New York Re: Bombara Wetland Permit Application Dear President King and Trustees: I have been a member of the Kenney's Beach Civic Association for almost eighteen years. I do not speak for the association but for myself and quite a few of my fellow members. I also know I speak for the majority of the voters in Southold, who time and time again show their overwhelming support of preservation issues at the polls. It is time to stop the unhindered and scandalous development of our most precious natural resources. In this instance, I am referring to the pristine beach and waterfront property, within a New York State Significant Habitat (see attached), that is the subject of this hearing. I understand that you rejected this application, by Mr. Bombara, last month, in part, in its Coastal Erosion Hazard Area Permit phase. I find it unusual and an error in process that both permits were not discussed and dispatched at a single hearing. This is not only a severe inconvenience to those of us opposed to the project, but as a general practice, improper. The public has a right to a swift and speedy process, not one drawn out interminably, to the distinct benefit of the applicant. Community activitism is a labor of love, and the ability to mobilize our disparate forces is at a distinct disadvantage in this type of piecemeal approach to conducting the public's business. Much more improper, however, than the public's inconvenience is the attempt here to parse out one permit from the other. With all due respect to the Board of Trustees, this proceeding borders on the illegal, in that it completely fails to adhere to the latest requirements of LWRP and Coastal Policy Consistency. These requirements are meant to eradicate single-purpose decisions and conflicting standards that have so poorly served the planning and conservation processes, statewide. "Consistency"is meant to end all the permitting and multi-agency conflicts, so all relevant objectives are met without advancing one at the expense of the other. In other words, having denied Mr. Bombara's Coastal Hazard Erosion Area Permit, the Wetland Permit must also be denied, as it is subject and contingent to the same policies and standards. I would have hoped that the Trustees would have been advised of this requirement, and saved us all a trip to Town Hall. I suggest that you have your counsel call the Department of State, Coastal Management Program, in Albany. Considering the complexities of these issues, and the growing complexity of the application process, members of the Kenney's Beach Civic Association are suggesting several changes in the Town Code, as well as to the Town's departmental organization. We have suggested to members of the Town Board that a Natural Resources Department be set up, using all the existing environmental technicians and planners. This concentration of expertise, along with the newly hired grant writers, could better facilitate all permits, applications, and grants. We hope the Trustees consider this suggestion and ultimately support it. Thank you for your time. Sincerely, Thomas Rozakis c: Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Attorney Mark Terry, Southold LWRP Coordinator Southold LWRP Coordinating Committee New York State Dept. of State, Consistency Review, Coastal Management Program Denise Civiletti, Editor, Suffolk Times DEC 13 2006 17235 Soundview Avenue Southold, NY 11971 December 12, 2006 Trustees of Southold Town Dear Trustees: This letter is in regard to the Bombara property located between McCabe's and Kenny's beaches. The tax map number is 54 04 19. I am partial owner of the open space property next door; 200 feet of road front. 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 this because we want to keep a little bit of The Dunes looking the way it did before it was heavily developed. The easement has taken a long time to finalize because of the many people involved, but it will get done. Mr Bombara proposes building a very large house on the adjacent 100 foot road front, thereby reducing the open space from 300 feet to 200 feet. The house proposed, as shown in the plans we obtained by FOIL, is a two story building with a 6204 ft footprint. It has a separate 22x22 ft garage and a 40x20 ft pool. My first choice would be to prevent any building on the site. The second choice is to scale down the dimensions sharply, until it becomes a modest home commensurate with the small lot size. I am surprised that a house of any size can be built within 100 feet of the bank which I understood to be the new rule for waterfront construction. Including the offset from the road, the lot might be too small to build on at all. I am also surprised that the case is up for reconsideration, since the application was turned down a month ago. If the Trustees feel that something should be built on the lot, an appropriate house would be something with a single floor, a low roof line, no pool, no garage and a footprint reduced from 2108 sq ft to 1600 sq ft. Thank you for your consideration of this opinion. Sincerely yours, I �vv l Edward C. Booth 4 NORTH FORK ENVIRONMENTAL COUNCIL, INC. 12700 Main Road, PO Box 799, Mattituck, NY 11952 Tel.: 631-298-8880 Fax: 631-298-4649 nfec@optonline.net www.nfecl.org December 12, 2006 Southold Board of Town Trustees Dear Members: The Land Use Committee of the North Fork Environmental Council urges the Trustees to deny a wetlands permit to Robert Bombara for his beach property at 1725 North Sea Drive in Southold. This property is within a coastal erosion hazard area and has already been denied a permit on that basis. In addition,the Town's LWRP coordinator has determined that the proposed action is inconsistent with the LWRP in three respects and has recommended that the trustees deny this permit. For this reason the permit should be denied. Any authorization of proposed permits in the Town of Southold are required to be consistent with all of the applicable policies and purpose of the LWRP and all of the applicable local standards that implement it. The town and the trustees,by virtue of the adoption of the LWRP in 2004, are now required to make decisions that are consistent with the policies and purposes of the LWRP--or where inconsistency persists explain how the inconsistencies are to be made consistent to the maximum extent that is practical. Granting a permit would violate the following policies in the LWRP: Policy 4.1: Minimize losses of human life and structures from flooding and erosion hazards. Policy 4.2 Protect and restore natural protective features. Policy 6 and 6.3: Protect and restore the quality and function of the Town of Southold Ecosystem. Protect and restore tidal and freshwater wetlands. Since there is no way any degree of consistency has been, or can be,demonstrated with respect to these policies, this permit must not be granted. While we may have made mistakes in the past by building in this natural protective feature area nothing in this application justifies doing so again. Sincerely, )Rokbe'4tident DEC 12 2006 Frank Wills, Chairman NFEC Land Use Committee a non-proflt organization for the preservation of land,sea,air and quality of life printed on 0 recycled paper Standish, Lauren From: Lynne Normandia [Iormandia@msmnyc.edu] Sent: Tuesday, December 12, 2006 9:04 AM To: Standish, Lauren Subject: Kenney's Beach; wants to be sleepy Dear Board of Trustees: We understand that you are considering granting permission to Mr. Bombara to construct a McMansion in a wetland area on Leeton Drive in Southold. Obviously none of you have taken a drive down Leeton since its first McMansion went up. It is an atrocity to the community. Only a few years ago, the Southold tourist brochure recommended a drive through our Kenney's Beach neighborhood --- "a sleepy beach front community". Please help us conserve our character and our wetlands which are vital to Southold's acquifer. Do you WANT us to look like the Hamptons? Please keep Southold peaceful for future generations. Thank you for listening and using your good sense. Happy Holidays, Lynne Normandia Manager of Chamber Music and Ensembles Manhattan School of Music 120 Claremont Avenue New York, NY 10027 Tel : 917-493-4433 Fax: 212-749-5471 http://www.msmnyc.edu 12/12/2006 Standish, Lauren From: AMNITSCHKE@aol.com Sent: Tuesday, December 12, 2006 1:50 AM To: Standish, Lauren Subject: [NEWSENDER] - Mr. Bombara's wetland application request- Message is from an unknown sender Please do NOT grant a wetlands permit to Mr. Bombara. The proposed building is much too large and will effect the entire community. When will it ever stop -granting permits for just about anything? Why do we have regulations if they are constantly ignored? We see what happened by the lighthouse. That gigantic house that destroyed the entire look of the area. It was so important to have this hugh monster built - and now its for sale!!! The people destroyed the overlook to the sound and now its too late and they are leaving. Please don't allow another monstrosity in our neighborhood. Please help preserve the area. Please don't allow more destruction of the wetlands. We can't grow any more of them!!! Thank you for caring about our quality of life in our town. Annette and Robert Nitschke 2715 Kenney"s Road Southold, NY 11971 12/12/2006 Standish, Lauren From: bigveets@optonline.net Sent: Monday, December 11, 2006 4:46 PM To: Standish, Lauren Subject: Bombara Application As owners of property adjecent to Kennys Beach we feel that Mr Bombara should be able to build what ever type of house he wants to build, within legal limits of all State and Town Codes. We are also members of the Kennys beach Association and all members do not oppose Mr Bombara. Please have our intentions known. re:Wetland Prmit Application "Bombara" J.DiBartolo F. Meyerson V.Moles D. Ferrari C.Kideris 12/12/2006 Standish, Lauren From: Drgeorge0@aol.com Sent: Monday, December 11, 2006 7:19 PM To: Standish, Lauren Subject: [NEWSENDER] -WETLAND PERMIT APPLICATION OF MR BOMBARA KENNY'S BEACH AREA - Message is from an unknown sender DEAR SIRS: I WISH TO GO ON RECORD THAT I STRONGLY OPPOSE THE GRANTING OF A WETLAND PERMIT TO MR. BOMBER. THIS AREA IS A FRAGILE INTRADUNAL AREA THAT DESERVES YOUR PROTECTION PLEASE DO NOT GRANT THIS APPLICATION THANK YOU GEORGE BAMBRICK PO BOX 1064 SOUTHOLD NY 11971 12/12/2006 Standish, Lauren From: Gerard McCavera [gerflags@verizon.net] Sent: Monday, December 11, 2006 4:51 PM To: Standish, Lauren Subject: [NEWSENDER] - Bombara property - Message is from an unknown sender Dear Board of Trustees, I live on Leeton Drive right behind the "McMonster House" on Leeton Drive.I only wish that you would come and take a look at what this "WALL" has done to our homes. It has robbed us of all rights to view the sea! My neighbor and I have not seen a sunset since it was built. The builder used every square inch of allowable land to build that house, he could not put a window box out as it would violate the code; and the unbelievable height makes Leeton Drive look lilke a canyon! Not to mention the 6'+ feet fence that he erected to complete the blockage of our natural beauty on Leeton Drive. In the name of the people you serve, please do not allow this type of construction to contiue, PLEASE! You can't tear down that monster house on Leeton Drive, but don't let it continue and turn Southold into Miami Beach. I urge you to turn down the Bombara application as submitted. It's against all that is right for Southold. 35 year resident. Gerard & Virginia McCavera 1405 Leeton Drive Southold,NY 12/12/2006 Standish, Lauren From: g.greenheron@verizon.net Sent: Monday, November 13, 2006 9:12 PM To: Standish, Lauren Cc: denise@timesreview.com; Neville, Elizabeth; Finnegan, Patricia; SRESLER@dos.state.ny.us; Terry, Mark Subject: North Sea Drive Project 1 TsaiCoasta1007.jpg Southold Town Trustees Lauren Standish, Administrative Assistant Dear Ms. Standish: Please forward the following message to the Board of Trustees and place it in the public record (at the hearing) and the appropriate file: Dear Sirs and Madams, Trustees: I understand a permit is being sought this Wednesday to build a pool and house within the New York State Significant Habitat "Goldsmiths Inlet and Beach" (see attached map and your files on Tsai for more information) on North Sea Drive. Development is discouraged in areas of such environmental and ecological value. I trust that all appropriate and required procedures will be adhered to in this permit analysis and that you give due weight to the mitigation, albeit insufficient in the opinion of many, that you required in the Tsai permit you recently granted, which is also in the same significant habitat. Additionally, there is a pending preservation project adjacent to this lot which I believe will be jeopardized if a permit is granted. The DEC allows permit denial if preservation projects will be compromised, and Town regulations are required to be equal or more protective than the States. Based upon the above conditions this project should be seriously considered as inconsistent with state and town policies, if not law. Thank you for your attention to these objections and points of fact. Sincerely, Thomas Rozakis c: Town Board Town Attorney Mark Terry, LWRP Co-ordinator Steve Resler, NYSDOS Denise Civiletti, Suffolk Times 1 �cofFOLKCO OV �jy Town Hall, 53095 Main Road y� PO. Box1179 ELIZABET H A. NEVILLE o Southold, New York 11971 y TOWN CLERK ✓' � Fax (631) 765-6145 600 Telephone (631) 765-1 REGISTRAR OF VI9�'STATISTICS oy�o� �a� southoldtown.northfork.net MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK 'DOWN OF SOU'1'HOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS give to Town Clerk's One copy will be returned to You INSTRUCTIONS: Please complete Section I of this form an Office Freedom of information officer) on in response to your request, &,U- r�c� --' i o l SECTION I• �T ` uesti TO: �UL�S that has the information you are req n 9 (Department or ficer, if known, possible, supply and an bother pertin t information. ) RECORD YOU WISH TO INSPECT : (Describe the recor t information. ) I date, file title, tax map number, �l SS I,U �� tl S r Q I i Signature of Applicant:%, Printed Name: �� , •�,` L� Address: �( k l different from above) ' Mailing Address (if phone Number: I Date: Tele ] APPROVED F DENIED' APPROVED WITH DELAY* Eliza el A. Neville Freedom of Information Officer * If delayed or denied see reverse side for explanation. 02/01/2007 16:02 16317277451 PETERSDAN PAGE 02/03 LAW OFFICES PETER S. DANOWSKI, JR. $16 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (831)727-4900 FAX(631)727-7451 JOHN P.TAGGART.ESQ. February 1,2007 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold,New York 1971-0959 Attn: Lauren Standish Re: Robert F.Bombara— 1725 North Sea Drive,Southold SCTM#1000—54—4—19 Dear Lauren: 1 am filing an administrative appeal to the Town Board from the denial by the Trustees of the Coastal Erosion Hazard Area permit. Please provide myself and the Town Board with an entire copy of the record, including all files relating to permits that have issued on the same roadway system for those parcels facing the Long island Sound. If you recall,counsel to the Board of Trustees agreed to produce same as part of the record. i enclose a copy of the Town form. Note the requirement at the bottom regarding the production of the entire Board of Trustees file. Very truly yours, PETER S. OWSKI,JR PSD:gsg Encls. 02/01/2007 16:02 16317277451 PETERSDAN PAGE 01/03 LAW OFFICES PETER S. DANOWSKI, JR, 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-49M FAX(631)727.7451 JOHN P.TAGGART,ESO. TELF O M b3 A ION AVER HEET TO: Southold Town Board of Trustees-ATTN: LAUREN STANDISH FROM: PETER S.DANOWSKI,JR. DATE: February 1, 2007 RE: Robert F. Sombara FAX NO.: 765-6641 Number of Pages, Including This Page: If you have any problems with this telecommunication, please contact: Gail ---------------------------------------------------- ----------------------------------------------------- ELECTRONIC TRANSMITTAL THIS TRANSMISSION MAY CONTAIN INFORMATION WHICH IS PRIVILEGED AND CONFIDENTIAL AND SUBJECT TO LEGAL RESTRICTIONS AND PENALTIES REGARDING ITS DISCLOSURE OR OTHER USE. YOU ARE PROHIBITED FROM COPYING,DISTRIBUTING OR OTHERWISE USING THIS INFORMATION IF YOU ARE NOT THE INTENDED RECIPIENT, IP YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR,PLEASE NOTIFY US IMMEDIATELY AND RETURN THE ORIGINAL TO US BY SECURE MEANS WITHOUT MAKING A COPY, THANK YOU. 02/01/2007 16:02 16317277451 PETERSDAN PAGE 03/03 TOWN OF SOUTHOLD APPLICATION FOR 69PFAL TO SHE COASTAL EROSION HAZARD BOAR�OP REVIEW DATE Fee: $250.00 NAME OF APPLICANT: ADDRESS: DATE OF DECISION APPEALED FROM SPECIFIC CHAPTER/SECTION INVOLVEb THE ALLEGED ERRORS IN THE DETERMINATION ARE: INTERPRETATION THAT IS CLAIMED TO BE CORRECT: RELIEF SOUGHT: *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL SIGNATURE OF APPLICANT