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Home My WebLink AboutEn-Consultants - PRELIMINARYSouthold Town Board - Letter Board Meeting of April 21, 2009 RESOLUTION 2009-336 ADOPTED Item # 5.30 DOC ID: 4952 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009~336 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWNBOARD ON APRIL- 21, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell tO retain En-Consultants~ Inc. to perform a review and render an opinion in'connection with Robert Bombara's Coastal Erosion appeal, in accordance with their Proposal dated April 20, 2009, at a rate of $250.00 per hour, with a minimum fee of $1,500.00 and an estimate6 10 to 15 hours of w0rk, subject to the approval 0fthe,Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [U NAN'rMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, 15vans, Russel Generated April 22, 2009 Page 39 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town, southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lorLhulse@tewn.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold~ New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD April 28, 2009 RECEIVED APR 2 9 2009 Mr. Robert E. Herrmann Coastal Management Specialist En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: Robert BombaralCoastal Erosion Management Permit Denial Premises: 1725 North Sea Drive, Southold, NY Dear Rob: I am enclosing a copy of the Resolution retaining your firm to perform a review and render an opinion in connection with Mr. Bombara's appeal regarding the referenced matter, pursuant to your Proposal dated April 20, 2009, a copy of which is attached hereto. We look forward to working with you on this matter. Ve_ry t~uly yolrs,~ ~r,~ttorney JNIk Enclosures cc: Members of the Town Board (w/encls.) Ms. Elizabeth Neville, Town Clerk (w/encls.) Lori M. Hulse= Esq., Assistant Town Attorney (w/encls.) EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 13.19 North Sea Read Southampton, New York 11968 631-28~360 Fax: 631-283-6136 w.enconsultants.com April 20, 2009 Jennifer Andaloro, Town Attorney Town of Southold P.O. Box 1179 Southold,:NY 11971 Re: "A~.~2 of the _o--,-, of C _.-.*-I Er--zAL M ..... e'* Permit of IL G. ~ml~r~ 1725 North Se~ Drive, Southold' Dear .lV~. Andaloro: As you requested on behalf, of the Town Board, I am herein submitting a proposal fo~ our services regsrdlng Robert Bombara's petition seeking a Coastal Erosion Management Permit for new construction on the Calgioned property, which is cUrteafly pending review on appeal by the Town Board due to a decision by the Board of Trustees to deny.the application. It is my uad~n~tanding tha/the Board wishes to bear our opinion as to wbetber ~i/or to what extont such conslmction could be undmzkon in a manner consis~t with the sthnd~ds for permit issuance set forth in Section 111-9 (or in the abemafive Section I11-20) of tho Town Code, namely those relating to the potential impacts of the cons~ructinfl on erosion trends and on tho site's ~eol'pro~ve fearers. Assuming that the landward limit of ~be natural prot~ive fcatur~ on tho site (i.o~ tho.prominent sand ridge I believe reprc~nts the pi~'y dune) is indica~d on an up,b,t~J surv~ as requested und~ sepm~ cover, I v~ouk~'offer a written oplnion as to wbether tho pFoposed consm~tion is located within tho natural ~e f~re; wi~ther 0ny onnsm~ion eauld be located outside the nmural protective femuro; wiat iml~cts ~h¢ proposed and/or any consmpztion might have on ~OSion ~ and the site's natural pmu~ive femure and its fimctions and pr0te~ive values; and whether and how (Lc., via location' scope, design, e~.) flmso iml~S might be avoided o~ minimized. Our fee would be cal~ula~d On an ho~iy basis of $250 per hour w~th a minimum fee of $1~$00, I expect th~ ! would spond appro~iro~ely 10 honrs and *l~,-,st caminly would not exceed 15 hours ~mless the Town Board wished m~to spend considerable time offing oral testimony in suppOFt of my written mpofl. Should you have any questions or wish to discuss tho above in more detain'please 1~ me know. Coastal M~ 't Specialist EN,CONSULTANTS, INC. ENVIRONMENTAL CONSUI~TING 1319 North Sea Road Southampton, New ~ork 11968 631.283~6360 Fax: 63~283-6136 www. enoonsultants,com 20, 2009 Jgsnifer Andaloro, Town Attorney Town of Sonthold P.O. Box 1179 Southold, I~P/ 11971 ~. · ,,, ........ "...~1~! -r ~', ...... v .......~a ......... Permit of R. G. _n~_ .,,~,.s. 1'/2~ North ~ea Drive, ~outlthld As you request~don behalf 0f ~e Tow~ Board, I mn subufitfi~ um~r sePan~ cover a ProPoeal .i' . i · ': ' . 1 ! 1-20) of the Town Code. ,nmely erase relntins to the potential impacts of the construction ~n erosion t~txls and on the site's antund protective feature(s). Specifically, whil6 both the applicant's and Tmsteas positions re~aroms me vt~mii7 ox me appaeaaon appear would adversely impact the fmtctions and vah~s of ~ feature, the site plan does no~ depict lho most landward antural 0r0teCtive f~mre on the site, which in my opiaion appea~ to be the p, ua~aant, readily obse~ablo sand rtd~ lo~l approximately ~) to 80 feel north of the road. Sl~¢ifically, § 111-6 defines a ~'dan~' as a '~id~e' m' hill of ~ windblown or artifioially,pla~t earth~ the principal component of which is sand" and a "primary dane" as "the most'war, ward major dune wh~e there are two or more parallel dunes" or the dane "wJ~re there is o~ly one done l~Sent." Althongl~ tl~ sand ridge appea~ to meet both of theas defini~ons and I~o~e tbe definition °f n ~1 ~ ~ s~ £ort~ b~. § 111-6, anither the Banrd of Trustees n~ the nPPlicant nPPears to have iden~fled °r depicted the ~md rid~ as the Primasy dune and most ~n,d~vard natond protective __~_ ~e for the pmposas of ~ 111. Nevertheless, the nppliean~ asserts animal prot~tiye fenth~s of ~ and hand. ridges ~e's~nble ~ ..will not be altnted by ~e proposed develolmwnt natural protective fearing:? In doing so, the Board of Tmste~ relies on regulatory ~maan~ m~m sm~r es me i, ww xor~ ~ of ~.u~o~-~.enta] Co~ol~ who atte~ that moire thnn 20 ~ a~O. Nmlh. Sea Road was. built upon a'primary. . done; nnd the applicant relies upon ~ nnnl,~ trna several coastal expette, including Aram Terchonis~ who des~lribes.site observadons of"low proffie _be~_ _I~ ridges dominnted by mumm vegethfion," nnd Dr. Ronnld Abrams, who ~ind~ that the site's "natural prote~ive ~ beach and sand rld8~, a'e stable." Howewr. without knowing the locations of hoth the eoma'~tion and the natural prote~ve fmthre and tbemfo~ the spatlnl relstloaship between the two, i believe it is difficult at best to tenably .render such determinations. Therefore, it is my opinion What both the lapdward geomml~c toe nnd landward re~ limit of the Sand rid~Jprima~ dune plan. Based upon What infor~ I con then de~nnine whether the pmpose~ constmcaon ts locateo wanm the antmal procedure comtmaion misht have on the nst~d protective fealare; and whether snd how those impacts m~t