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HomeMy WebLinkAboutBombara, Robert G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 9, 2007 Carl Johnson Acting Executive Deputy Commissioner State of New York Department of Environmental Conservation 625 Broadway Albany, New York 12233 Dear Commissioner Johnson: Transmitted herewith is a copy of the "Appeal of Denial of Coastal Erosion Management Permit of Robert G. Bombara, 1725North Sea Drive, Southold, N.Y. 11971 SCTM# 1000-54-4-19 It is being sent for your information in accordance with Southold Town Code Chapter 111, Section 111-25.B. This matter has been assigned to our Assistant Town Attorney Kiernan Corconm. You may contact him at 631 765-1939 for further information. Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Town Board Town Attorney Town Trustees Date: 02~02/07 Town Of Southold P.O Box 1179 Southold, N~Y 1197~1 * * * RECEIPT * * * Transaction(s): 1 1 Application For Appeal Reference Subtotal 54-4-19 $250.00 Cash Total Paid: $250.00 Name: Danowski Jr., Peter S 1625 Monsell Lane Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID: 54-4-19 '.TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO. TI~E COASTALERO$10N HAZARD BOA .I'~D OF REview DATE. Foe: $250.00 ". ".NAME OF.~i~PLICANTi R0~re G. Boubara . · . '. ADDRESS:" :'<'90-16 163rd Ave., Howar~ Beach, ~ 11414 AG~ ' ~S:C. Wol~,. p.~,/Youn9 ~ Yo~u . DATE ~F'DECISIONAPP~LED FROM ~ciszSn ~tv~ Youno & Young office ":" ' "' ' ' ~ J~--~]~, 2~7 ' .SPEC~!C CH~TE~SE~ION ~VOLVED O~apte~ 111; 111-~; 111-12 . - ~R AL~G~D'~OR~ ~ THE D~R~INATION ~: ~velo~nt ' ':' ~~TION ~AT 18. C~IMgD ~ Bg CO~: .~ ~*~tn~ ~e~ton :.. · .:lll-6of ~ C~e: L~a~ ~m{~ t= 1~ f~t la~a~ f~ the ?~e where '~ .~e=~ is ~ ~ ~a~e &n ~terial Or Phy~i~=~tc ~0~, Lan~ 14mtn.aS de~tct~ On Yo~g ~ Youn~;"Di~. ' RELIEF SOUGHT: Is~u~h~e Of ~mit as pro~ or as ~lfi~ wieh a~ter~te, p~n;.. .: . . '.: ~'CoPY 0F::TH~.BNTIRE BOARD~.0F TRusTEE FILE INCLUDING, ANY · ' .. )' .'P~LE~...A~..,'~ps MUST BE A~TACHED TO ~I8 ~PBAL (~ ~r agre~nt at ~mtgs. 5':' ': ", , " RECEIVED FEB 6 2007 Southold Tow. Clerl RECEIVED TOWN OFSOUTHOLD FEB 2 2007 APPLICATION FOR APPEAL TO $oulhold Town Cler~ THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE Fee: $250.00 NAME OF APPLICANT: Robert G. Bombara ADDRESS: 98-16 163rd Ave., Howard Beach, NY 11414 AGENT: Thomas C. Wolpert, P.E./Young & Young DATE OF DECISION APPEALED FROM Decision received Younq & YQung office on Jan. 15, 2007 SPECiFIC CHAPTER3SECTION1NVOLVED Chapter 111; 111-6; 111-12 THE ALLEGED ERRORS 1N THE DETERMINATION ARE: Development not prohibited in area proposed. INTERPRETATION THAT IS CLAIMED TO BE CORRECT: Beach defined Section 111-6 of Town Code: Landward limit ~ ]Oh feet landward from the place where there xs a marked change in material or Physxographic form. Landward limit as depicted on Youn9 & Younq plan. RELIEF SOUGHT: Issuance of permit as proposed or as modified with alternate plan. No erosion as evidenced by aerial photography. *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATFACHED TO THIS APPEAL (As per agreement at Trustees' hearing - record Of' files of other landowners issued permits. ) $IGNATURE OF APPLICAN'P s AGENT - THOMAS C. WOLPERT JOHN P. TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 RECEIVED February7,2007 2007 Town Board & Town Clerk Town of Southold 53095 Route 25, Box 1179 Southold, New York 11971-0959 So~J~!~old Tow~ Clef} Re: Robert G. Bombara - Coastal Erosion Hazard Area~ Dear Sir or Madam: I understand after discussions with the Trustees' office and the Town Attorney's office, that the original record will not be delivered to the Town Board, but that it remains available for review and consideration by the Town Board. This would include all files on properties in the vicinity of my client's property which were made part of the record by agreement at the hearing. I enclose with this transmittal letter a copy of the application documents and relevanrdocuments relating to other properties as previously obtained from the Trustees' office. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. Cc: Robert G. Bombara Young & Young - Attn: Tom Wolpert Southold Town Trustees' Office - Attn: Lauren James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. /?_ectct Yr'r /-/5-7 Town Hall 53095 Route 25 P.O. Box 1179 Southo]d, New York 11971-0959 Telephone (631) 765-1892 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, 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. Very Truly Yours, President, Board of Trustees JFK: hkc/Ims YOUN(~ & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin COyoungengineering. 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 ATTN: Lauren Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 October 26, 2006 RE: ROBERT G. BOHBARA at Southold, T/O Southold, New York (06-0320) 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. questions, please contact us. if you have any TCW/mal Encl. CC: Very truly yours, Thomas C. Wolpert Mr. Robert G. Bombara + Encl. + ::[ Print Mr. Anthony Gugliotta + Encl. + 1 Print Bombara - Job #06-0320 500.00 10/26/06 24570 Town of Southold $500.00 YOUNG & YOUNG 400 O~TRANDER AVENUE RIVERHEAD, NY 11901 THE SUFFOLK COUNTY NATIONAL BANK RIV~RHEAD, NY 11901 50-S46f214 24570 PAY Memo: Five Hundred and 00'/100 Dollars Town of Southold Board of Town Trustees 53095 Main Road, P.O. Box 1179 Southold, NY 11971 DATE AMOUNT Oct 26, 2006 ******$500.00 02/09/2007 14:49 7656641 AJber~ J. Krupski, President James King, Vice-President Arkie Footer Ken Poliwoda Peggy A. Dickorson BOARD OF TRUSTEES PAGE Town Hsll 53095 Route 26 P.O. Box 1179 Sou*~hold~ New York 11971-09,~;9 Telephone (631) 765-1892 Fax (63],) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only /Coasta Eros o~ Pm~it Application X Wetland Permit Application __ Adminish'ative Permit Amcndmen ~lh'ansfcr/Extcnsio n ~eceived Applicati~ ~M~ompleted Appli~ {~] Incomplete SEQRA Classification; Type I Type II Unlisted Coordina~ion:(date ~-LWRP Con:~istcncy Assesss~e.t Fo~ }~[~ ] ~ Date off.etlon; ] ~ / I ~] ~ ~ece~t ofCAC Repo~: Lead Agency D~te~afion: Tec~cM Keview: ~lic Hearing ~R~olufion: OCT 1 ;' 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 Property Location: North Sea. Drivs, approx. 1,675' eamt of Kenney's Road (adjacent to LIL Pole ~14) (provide LILCO Pole #, dista, ceto crossstreets, andl0cgion) AGENT: Young & Young Attn: Thomas C. Wolpert, P.E. (If applicable) Address: 400 Ostrander Avenue, Riverhead, New York 11901 Phone: 631-727-2303 Land Area (in square feet):.. Area Zoning:. R--40 GENERAL DATA 24,879 sq. ft. or 0.6 acre Previous use of property:. Vacant Intended use of property:_ Single Family Residence Prior permits/approvals for site improvements: Agency Date x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Descripfion (use attachments if necessary):. Cor~truct one single family residence, detached garage, pool and a~sociated water supply and sewage disposal facilities. COASTAL EROSI'ON A~PLICATION 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, foundatio~, and pool and also used to grade the construction site. Describe the nature and extent of the environmental impacts reasonably anticipated resulting fi.om implementation of the project as proposed. (Use attachments if necessary) Tne proposed operations will not' have an ~ffect on the tidal waters of the Town.' WETLAND/TRUSTEE'LAND~ APPLICATION DATA Purpose ofthe proposed operations: To construct one (1) single f~unily residence, garage and pool. Area of wetlands on lot: 0 square feet + Percent coverage of lot: 13.0 - % Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between n+earest proposed structure and upland edge of wetlands: 103 - feet Does the project involve excavation or filling? No x Yes If yes, how much 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 ± feet Proposed slope throughout the area of operations: 2% Manner in which mater/al will bo removed or deposited: ~o excavate for construction of the footing_~, ~oundations and pool A backhoe will be used and also used to grade the construction site. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed operations will not have ~n effect on the tidal waters of the Town. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bombara SCTM# YOU ARE HEREBY GWEN NOTICE: 1. 1000-54-4-19 That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct one (1) single family residence, garage, and pool. 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 Pe£mit Survey 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 MA~LINGADDRESS: 98-16 163rd Avenue Howard Beach, New York 11414 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. ,PROJECT~ ~D NUMBER PART l - PROJECT INFORMATION 1. APPLICANT / SPONSOR Robert G. Bombara 3.PROJECT LOCATION: Southold, T/O Southold Municipality 4, PRECISE LOCATION: Street Addess and Road Intersections, Prominent Refer to Building Permit Survey 617.20 APPENDIX C STATE ENVIRONMENTAL QUALI'~ ~ REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME Robert G. Bombara I Coooty Suffolk landmarks otc ~or nrovide man SEQR 5. la PROPOSED ACTION: [] New [~]Expansioo J---IModiticaUoo/alteration 6. DESCRIBE PROJECT BRIEFLY: ~onstruct one (1) single family residence, garage, and pool. 7. AMOUNT OF LAND AFFECTED: Initially 0.6 acres Ultimately · 0.6 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~]Yes [] No ~f no, describe briefly: 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~]Residential [~lndustdal [-'~Commerclal [--'lAgriculture [~]Park/Forest/OpenSpace F~Other (describe) t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Sta~ or Local) [-~Yes r~No If yes, list agency name and permit I approval: NYSDEC - Tidal Wetlands SCDHS - Water Supply & Sewage Disposal 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 ~]Yes []No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY. THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponso[ Name Thoma~ C. Wolpert, P.E., Agent for Applicant _. If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment County of~ State of New York .ard of Trustees Appl:[cat5 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 ~T/'] DAY OF ~---r~ ~,200~ ~Notary Publi~ C O~lifi~t in Queens Coun~ .. ommi~lon iixpir~s August 3 I, 20..~O AUTHORIZATION (where the applicant is not the owner) I, Robert G. Bomb=nra (print owner of property) residing at 98-16 163rd Avenue, (mailing address) Howard Beach, New York 11414 do hereby authorize Young & Young ATTN: Thomas C. Wolpert, P.E. (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ( Owner ' s signature ) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM NAME OF APPLICATION: (Check ail that apply.) The Town of $outhold's Code of Ethics nmhibits conflicts of interest on thc hart of town Officers and emoinvces. The vumo~ of this for~ i~ to nmvide infer/nation which can alert the town of oossible conflicts of intere~t and allow it to take whatever action necessary to avoid same. YOUR NAME: Robert G. Bombara (Last name, first namc,%niddlc initial, unless you am applying in the name of someone else or other entity, such as a company. If so, indicate thc other person's or company's name.) ' Tax grinvanse 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, pomnt, or child) have a relationship with any officer or employee of the Town c~f $unthold? "Relationship" includes by blood, marriage, or bu~ness interest. "Business interest" means a business, including a pmlne~ship, in which the town officer or employee has even a paRial ownership of(or 'employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicunt/ag~nt/mpresent ativc) and the town officer or employee. Either check the appmpriat~ line A) through D) and/or describe in the space pro~ided. The town officer or employee or his or her spouse, sibling, parent, et child is (check all that apply): A) the owner ofgraatar than 5% of the shares of the coq~orata stock of the applicont (when the applicant is a corporation); B) the legal or beneficial ovn~r of any interest in a non~o~oorato entity (wh6~ fl~e applicant is not a corporation); . . __.C) an officer, director, permei', or employee of the applicant; or D) the actual applicant DESCR. IFTION OF RELATIONSHIP Form TS I Submitted tb~ - _day of 200 rrintName/ t<ooert G. Bom~ara 10Wfl OI ~outnol(l L, RP CONSIS ,TENCY. ASSESSMENT A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program, A proposed action will be evalnat.d as to its sionificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thu% each answer must be explained in detail, listing both suoporting and non suooorfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCIOn# 1000 54 4 - 19 PROJECT NAME Robert G. Bombara - Proposed Construction of Single Family Dwell.lng, Pool & Garage The Application has been submitted to (check appropriate response): TownBoard ~'] Planni-gBoard[-~ Building Dept. []- Board ofTrustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extentofaction: Construct one (1) single family residence, detached garage, pool and associated water supply and sewage disposal facilities. Locafi0nofac~on: Nort~ Sea, iDrive, approx. 1,675' east ~ Kenney's Road (adjacent to Si~acreage: 24,879 sq. ft. or b.6 acres LIL Pole #14) Present land use: vacant Presem zoning classification: R--40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Co) Mailing address: Robert G. Bombara 98-16163rd Avenue Howard Beach, New York 11414 (c) Telephone number: Area Code (). 718-845-4283 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency?. Yes ~ No["~ Ifyes, which state or federalagency?. NYSDEC - Tidal Wetlands Permit C. Evaluate the project to the following 'policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and mnmzes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. Yes ['~ No [] Not Applicable All proposed~~--~~~ ~andward of the landward limit of beach. The pt~posed first floor of the dwelling~formanc~ with FF~MA ~irements. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III ~ Policies Pages 3 through 6 for evaluation criteria [] Yes [-'] No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Rorer t;o POll.~ar I r~..-?_,;~so Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria [~ Yes ~ No [] Not Applicable Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria ~-~ yes ['~ No [~]NotApplicable Refer tQ Poli~ re~_sponse; propos~ water supp y is via connec ~on to existing water main adjacent to property. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Refer to Policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section iii - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~-] No ~-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. ~'~ Yes [] No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's ~, ater-depende~t uses. and promote sihag of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [-~ Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. 'See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No [] Not Applicable AUach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Ye, 7] No [] Not Applicable Attach additional .sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [~ No [~ Not Applicable PREPARED BY Thomas C. Wolpert, P.E. TITLE Agent for Applicant DATE Oct. 26, 2006 PHOTO NO. 1 ROBERT GBOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:26AM. PHOTO NO. 2 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A.M. PHOTO NO. 3 ROBERT GBOMBARA AT SOUTHOLD,~O SOUTHOLD, NEW YORK OCTOBER13,2006 8:27A.M PHOTO NO. 4 ROBERT G, BOMBARA AT SOUTHOLD,~O SOUTHOLD, NEW YORK OCTOBER13,2006 8:27A.M. PHOTO NO. 5 ROBERT G, BOMBARA AT SOUTHOLD, T/OSOUTHOLD, NEW YORK OCTOBER13,2006 8:29A.M PHOTO NO. 6 ROBERT G, BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:29A.M James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 December 13, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Thomas C. Woipert, 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 2 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 LWRP, 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, f Trustees JFK: hkc YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin @youngengineering. com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect RONALD E. PFUHL, Landscape Architect DOUGLAS E. ADAMS, Professional Engineer 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: 2. 3. 4. 5. 6. 7. 8. one (1) - Southold Town Trustees Wetlands Application, one (1) - Notice to Adajacent Property Owner, one (1) - Short Environmental Assessment Form, one (1) - Applicant Affidavit, one (1) - Applicant Authorization Form, one (1) - Applicant Transactional Disclosure Form, one (1) color set - Photographs Nos. 1-6, and 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 Mr. Anthony Gugliotta + Encl. + Encl. Planning Engineering Land Surveying Architecture Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Pennit Application -X-Wetland Permit Application __ Administrative Permit __Amendment/Transfer/Extension Received Application: __Received Fee:S_ ~Completed Application Incomplete __SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) LWRP Consistency Assessment Form CAC Referral Sent: Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: 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 PropertyLocafion: North Sea Drive, approx. 1,675' eael: o£ Kenney'e Road (adjacent t;o 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 Oetrander Avenue, Riverhead, New York 11901 Phone: 631-727-2303 ~oar~ oz Trustees Application Land Area (in square feet): Area Zoning:. R-40 GENERAL DATA 24,879 sq. ft. or 0.6 acre Previous use of property:, vacant Intended use of property: Single Family Residence Prior permits/approvals for site improvements: Agency Date X No prior pen'nits/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. Board of Trustees Application COASTAL EROSION APPLICATION DATA Pu~oses 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 + IfYes, 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 fi-om 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. WETLAND/TRUSTEE LANDg APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area o f 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 wkich material will be removed or deposited: 6 + feet Proposed slope throughout the area of operations: 2% Manner in which material will be removed or deposited: A backhoe will be used to excavate for construction of the footings, ~ogndations 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. 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 G1VEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct one (1) single family residence, garage, and pool. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert G. Bombara MAILING ADDRESS: 98-16 163rd Avenue Howard Beach, New York 11414 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT'ID NUMBER PART 1 - PROJECT INFORMATION I APPLICANT / SPONSOR Robert G. Bombara 3.PROJECT LOCATION: Southold, T/O Southold Municipality 617,20 APPENDIX C STA'rE ENVI,~ONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2, PROJECT NAME Robert G. Bombara County Suffolk 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc- or provide mae Refer to Building Permit Survey 5. iS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: SEQR Construct one (1) single family residence, garage, and pool. 7. AMOUNT OF LAND AFPECTED: Initially 0.6 acres Ultimately 0.6 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [] No if no, describe bdefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many ae apply.) F~Residentlal []Industrial []Commercial E~AgricuIture E~Park/Forest/OpenSpaca []Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) t~'SD~C - Tidal Wetlands [~Yes [] No If yes. list agency name and permit / approval: SCDHS - Water Supply & Sewage Disposal 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r']Yes ~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? E~Yes E~]No I CERTIFY. THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor.Name Thoma~ C. Wolpert, P.E., Agent for Applicant Date: Signature ~'~'~¢~ ~ ' ~'~~ //~:~./~.../~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ard of Trustees Applicati, County of~ State of New York Robert G. Bombara BE1NG 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 I-IlS/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 CONIUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME TI-nS DAY OF ~Notary Public~~ ~ No, 02BIL541~ Qua, lifted in Queens Coumy Commil~lon Enpirc~ August 31, 20 ~oar~ oH Trustees Application AU~OP~IZA~/ON (where the applicant is not the owner) I, Robert G. Bombara (print owner of property) Howard Beach, New York 11414 ATTN: Thomas C. Wolpert, P.E. residing at 98-16 163rd Avenue, ( mailing address ) do hereby authorize Young & Young (Agent) 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 &Ethics orohibits conflicts of interest on the t)art of town Officers and emolovees. The nuroose of thi~ form is to provide information which can alert the town of possible conflicls of jnters~t and allow it to take whatever action is necessary to avoid same. YOUR NAME: Robert G. Bombara (Last name, first name,~niddle 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 Mooting 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 c~f Southold? "Relationship" includes by blo6d, nmrtiage, o)' bus~neas i~terest "Bnsiges:~ interest'~ means a business, inclffding a pastuershlp, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name &person employed by the Town of Southold Title Or position of thst person Describe the relationship between yourself(the applicant/agnnt/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the apaca pro~ided. The town officer or employee or his or her spouse, sibling, parent, o~ ~hild is (check alfthat apply): A) the owner of greater than 5% of the shares of the corporate stock of the applic0nt (when the applicant is a coqx)ration); __.B) t)~ legal or b~nefi¢ial owner of any interest in a non-corporate entity (when the applicant is not a coq}oration}; __.C) an officer, director, partnei', or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 SubmRted ~ day of 200 Signature ~t~-"~L~ ~ ~ PrintName /' Robert G. BoMiara PHOTO NO. 1 ROBERT GBOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:26AM. PHOTO NO. 2 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A.M. PHOTO NO. 3 ROBERT GBOMBARA AT SOUTHOLD,~O SOUTHOLD, NEW YORK OCTOBER13,2006 8:27A.M PHOTO NO. 4 ROBERT G, BOMBARA AT SOUTHOLD,~O SOUTHOLD, NEW YORK OCTOBER13,2006 8:27A.M. PHOTO NO. 5 ROBERT G, BOMBARA AT SOUTHOLD, T/OSOUTHOLD, NEW YORK OCTOBER13,2006 8:29A.M PHOTO NO. 6 ROBERT G, BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER13,2006 8:29A.M N s/ tE-~t hOLE / / / / / / / / / / / / / / % NO'T'C-~ A~J~A = 24~ S(2. FT. Young & Young 400 Osg~ra~q, der Ave~e, Ri. verhead,, Ne~ York 1~90~ 83 ~- 727-2303 T~ C. Wolp~ ~ofee~l E~i~ Rob~ C. T~t, A~ok{teot R~ E. P~L La~o=pe Architeot H~ALTH ~2F:PAt~.TMENT US~= E~Ut~'v'EYO~'5 GEt~TI~IGATION ~U~V~-Y FOR At ~outhold, Town oF ~ouf, holcl ~uig'olk Counf, y, l~n York Count~ tox Hop District I000 S~cBo. 54 Block 04 Lot Iq PHOTO ~ $ Vl~nlq ~21~TION 06T. I~, 200~ JULY BI, 2~ ~A~ ~1, 2~ MAP ~A~ MAY q, l~