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HomeMy WebLinkAboutBombara, Robert G (2) IV ~ AREA -MOTES FT. Young & Young ~ 400 Ostrander Avenue, Rdverhead, New York 11901 a / • VERTICAL DATUM =N.G.V. DATUM (M.S.L. Ig2q) 631-727-2303 ~Q~~ / T/° • SEE FLOOD INSURANCE RATE PANEL NUMBER How¢rd lI. Young, Land Surveyor be~$ ~ 3.§'' ~ ~ 3610360154 6 LAST DATED MAY 4, IggB ThOmaa C. Moipert, ProfeeadoftaL Engdneer ~t t~' Robert C. Tact, Archdtect j /1~! Ts~.,r)f • AMOUNT OF FILL REQUIRED = 200 G.Y. t Douglas B. Adams, Profeaewnal Ettgdn¢er ~ a ~ dt• FILL TO BE GLEAN BANK-RUN SAND AND GRAVEL o ~y,`~' "rh_,y FROM AN APPROVED UPLAND SITE. / ' 0'~ HEALTH / ~ 3.97 't • BUILDING FOOTPRINT AREA = Ibgb SQ. FT. 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NO. 45893 43St,~`3rrqq ru.E nRCtw / \ ~d' ~ 6~' 1 ti°Y/ ` ~ ~Tx ~~°O i .t_. / ' 1'•• 2 e:zs LAND a~~e ~g~5 PIl~ TO 1-`M J / 1 ~ 0 O P i / / 9.VID qU'V' ~ ~S_ ~S ~ / .OB 9.-16/ /~i / r5ru ti s~ ' . e.zo .\Y a.oo1 \ ' ~ , / V a~' SURVEY FOR 0 ~ltl < S1' r ~~i~® 7.66 ry`6'.5 i / / +,l ~ ~ Y14TEf2;H ~ ~ -6' ~.2y o"~ At Southold, Town of Southold ~6~ r~ eeeaw t On \ oz\~ Y / / ~ ~<eb ssa ,fie J ~ Ste. x~/ /~~_`r/~ , / Suffolk County, New York E~~~ ~y~ ` / .aa ~ Count Tax Ma o~so-c~t 1000 section 54 eixk 04 Lot 19 ~ r5~u dt 4 b ~,`~.aa des\es \ ~ J/e:`sr / ~~i ~ j / ` , y K7 ~ uD~ ~ ~ ~pw 6:6/S ~ ~ BUII.DIN6 PERMIT SURVEY ,r7' oe.3 //y/ / ~~.c~ lea ~~iivv < ~'i~0 6p{~ / / l~tl SGDHS AMENDMENTS NOV. 25, 2ooq o ~ ~'Q / J/6 si AMENDED BUILDING PERMIT DATA NOV. 24, 2009 E.z6 AMENDED BUILDING PERMIT DATA OCT. 30, 2009 ~9b~ /~T - AMENDED BUILDING PERMIT DATA SEPT. 14, 2009 - MAP PREPARED AUG. 17, 2009 p. r+owrne+r ser ~ . raow?srr rowo Q• sn.a~ ser srer.~ Fouro ~ SCALE: I'=40' e~`~ c . uww~v reo . ReoF Dues s . sroov u= . cairn exmv1ce o-- . rrtoro ~n ~ vi®v rnrtecnoN JOB NO. 2006-0320 I OF 2 3~~~ DWG. 2pp6_0182~7p_r"i ©c RESOLUTION 2011-68 ADOPTED DOC ID: 6510 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2011-68 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 4, 2011: WHEREAS, the Board of Trustees on October 15, 2008, denied the application of Robert Bombara (the "Applicant") for a permit to construct asingle-family residence on the premises known as 1725 North Sea Drive, Southold, New York, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold; and WHEREAS, on November 12, 2008, Mr. Bombara submitted an application to the Town Board of the Town of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York State Department of Environmental Conservation; and WHEREAS, on January 20, 2009, February 3, 2009, June 2, 2009, and September 7, 2010, the Town Board conducted duly noticed public hearings on the instant appeal with opportunity for all interested parties to be heard; and WHEREAS, that the Town Board of the Town of Southold hereby finds that the conditional approval of this application is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section 617; and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Assessment Form for this action; and WHEREAS, the application has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program ("LWRP")); now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findines and Determination dated January 4, 2011, and conditionally approves the Variance Application of Robert Bombara in accordance with the conditions set forth therein; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it further Resolution 2011-68 Board Meeting of January 4, 2011 RESOLVED that the Town Board had detennined that, with conditions, this action is consistent with the LWRP; and be it further RESOLVED that this Detennination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ~Q.Y~«~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 1/3/2011 10:32 AM by Lynne Krauza Page 2 M ~7U l TOWN BOARD COASTAL EROSION HAZARD BOARD OF REVIEW TOWN OF SOUTHOLD In the matter of the Application of ROBERT BOMBARA 1725 North Sea Drive DECISION Southold, NY SCTM #1000-54-04-19 - FINDINGS AND DETERMINATION Based upon the application, documents contained in the Board's file, site inspections and testimony received at the public hearings held on January 20, 2009, February 3, 2009, and June 2, 2009 and September 7, 2010, the Town Board finds and determines as follows: ISSUE Applicant has filed an application with the Town Board, as the Coastal Erosion Hazard Board of Review (the "Board"), dated November 12, 2008, requesting the following relief: 1. A reversal of the Boazd of Trustees' ("Trustees") October 15, 2008 determination denying the applicant's application for a permit under Chapter 111 Coastal Erosion Hazard Areas of the Town Code, pursuant to the provisions of §111-25. 2. In the alternative, and should the Boazd affirm the Trustees determination, the applicant has requested a variance of the provisions of Chapter 111 of the Code as provided in §111-20. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Description of thepropertv: The property that is the subject of this application is located on the seawazd (north) side of North Sea Drive and is between the Long Island Sound and North Sea Drive. It is approximately 24,979 sq. ft. or .6 acre and is located in the R-40 zone, with approximately 100 ft. of road frontage on North Sea Drive. Unlike many other properties in this azea which aze developed with single family residences, this lot has never been developed and remains an unspoiled beach area. As confirmed by the Board of Trustees, and acknowledged by the applicant, the property is located entirely within the Coastal Erosion Hazard Area ("CEHA") as established by the New York State Departrnent of Environmental Conservation. -1- i The applicant who purchased the property in 2006 is proposing to construct a I single-family residence on this lot with associated gazage, pool, water supply and sewage disposal system on this property. i B. Trustees Procedural History: I. Applications The applicant first appeazed before the Trustees with an application filed in October 2006 which requested a CEHA permit allowing the construcflon of a 4,138 sq. ft. 2-story house (5-6 bedrooms), with 484 sq. ft. detached garage and 800 sq. ft. pool entirely within the CEHA. 1n its determination dated Aecember 13, 2006, the Trustees denied the application, without prejudice, on the following grounds: 1. The Southold Town Conservation Advisory Council did not support the application because the development was proposed seaward of the CEHA and is prohibited under Chapter 111. 2. The LWRP coordinator recommended that the proposal be found inconsistent with the Local Waterfront Revitalization Program as no construction is permitted seaward of the CEHA and that the proposal was inconsistent with policy standard 4.1, 4.2, and 6.3. 3. That the proposal was located entirely within a natural protective (beach) azea; 4. That the proposal was located in an environmentally sensitive area containing valuable habitat valued by the Town for nesting areas for threatened and endangered species and for recharge of the aquifer and the proposed construction would negatively impact an environmentally sensitive area. Thereafter and in July 2007, the applicant revised its plans and submitted three "alternative" proposals to the Board of Trustees as follows: I~ 1. Alternate 1: 5-6 bedroom house comparable in size to the alternative I, presented to the Board in 2006, with the garage attached and an 800 sq. ft. pool on the seaward side of the home. 2. Alternate 2: 5-6 bedroom house comparable in size to the alternative presented to the Board in 2006, with the garage attached and an 800 sq. ft. pool on the seaward side of the home (sanitary system and shape of the house is different) 3. Alternate 3: A 5-6 bedroom two-story house (approximately 5,238 sq. ft.) on piles with a 512 sq. ft. pool surrounded by an approximate 30 ft. x 45 ft. brick patio. II. Documentation in the Trustees Record Additionally, the applicant submitted the following materials in support of the. application: -2- 1. A report of Dru Associates, Inc. dated October 17, 2007 discussing the environmental impacts from the proposal and concluding that the proposed activity complies with the permit issuance standards set forth in 6 N.Y.C.R.R. Part 505 and that the issuance of a permit for development of the property is "compatible with the CEHA and Tidal Wetlands protection, since the resources protected by either of these programs will remain unaltered by the proposed home. 2. A report from First Coastal, dated October 17, 2007, concluding that the section of shoreline upon which this property is located is "dominated by low profile beach ridges that aze vegetated by mature shrubs and tree fronted by a sandy beach and (m)argin of beach grass" 3. An affidavit of John Ehlers, surveyor attesting that there has been no erosion at the site. 4. A coastal assessment report, dated October 2008 and prepared by Applied Coastal Research stating that overall, net change in shoreline position since 1955 has been approximately zero, which does not mean the shoreline did not move during this time, but suggests that regazdless of variation in shoreline movement during this 52-yeaz period, net shoreline location is generally unchanged. The Bombaza property is outside the 50-yeaz wave impact zone. The record before the Trustees also contains a memo data October 2, 2007 from Environmental Technician, Heather Cusack and attached data regarding piping plover nesting in the area of the property. The memo indicates that the attached data show a nest east of Kenny's Beach in 2004 and a 2005 map shows a nest between Kennys and McCabe's beaches. The memo concludes that given the nesting patterns, the parcel is a piping plover habitat. Additionally, the memo points out that the State Department of State included the stretch of beach east to McCabe's beach in the Significant Coastal Fish and Wildlife habitat. The record before the Trustees also contains a memo discussing the environmental review of the proposal dated September 17, 2007 which indicates that the lot is located in the CEHA and that the natural protective feahues on site include a beach and primary dune. On April 15, 2008, the New York State Department of Environmental Conservation conducted a site visit to the property wherein the DEC confirmed: "that the landward limit line of the natural protective feature area (a.k.a. the CEHA line) was mapped based on the determination that the primary dune was the most landward natural protective feature. North Sea Drive was built on a portion of this primary dune. During the initial mapping phase which occurred over twenty years ago and was concluded by a public hearing, a decision was made to place the CEHA line along the north edge of North Sea Drive instead of continuing further landwazd to a point 25 feet from the landward toe." _3_ On October 1, 2008, the LWRP Coordinators submitted a written ~ recommendation to the Trustees that the proposed actions were inconsistent with the ~ LWRP standard and that the proposals did not comply with Town Code Chapter 175, I Wetlands, and Chapter 111. i III Public HearinQ• The Trustees held a public hearing on this application on August 22, 2007 and on October ] 5, 2008 at which time all those interested were given the opportunity to speak. Peter Danowski, Esq. appeared on behalf of the applicant and presented information in support of the applicafion, the relevant portions of such information is summarized below. Mr. Danowski, pointed out the differences in Alternatives 1 - 3 with a prior application to the Trustees by the same applicant that was denied by the Trustees in 2006. Mr. Danowski also set forth certain information regarding the location of the beach area which was verified by the applicant's engineer, Doug Adams of Young & Young. Mr. Danowski also mentioned that the Trustees had granted coastal erosion ~ permits to other property owners in the community, namely, Paskov, Betsch, Von Zubin, Pearlstein, Rosicki and Sonnenborn; and requested that the records of each of those permit applications be incorporated into the Trustees record by reference. Additionally, several members of the public and surrounding community testified in opposition to the proposal. Those comments in pertinent part included the following: 1. That the proposal was inwnsistent with the LWRP. 2. The Conservation Advisory Committee's refusal to conduct a full review of the proposal because of its location seaward of the coastal erosion hazard line. 3. Trustees should not allow nearby pre-existing construction to legitimize new construction that is not compliant. 4. The applicant did not make substantive changes to the plan, and therefore should not be considered by the Trustees. At the October 15, 2008 hearing, Mr. Danowski, again appeared on behalf of the applicant and presented the testimony of Mark Burns stating that this particular beach community has experienced accretion as opposed to erosion. I Again, several members of the community presented information in opposition to the application including: the potential impact of the rise in sea level and global climate change on the storm surge in the area and erosion; the proposal is located in a primary ~ It is noted that the applicant filed an appeal to the Coastal Emsion Hazard Board of the 2006 Trustees determination which was never decided, and is deemed moot by the applicant's submission of an alternate application to the Trustees. -4- dune azea on a rare virgin beach; and there are endangered species and rare wetlands located on the property. IV. Trustees Determination On October 15, 2008, the Trustees issued a determination denying the Applicant's request (for all three alternatives) for a Coastal Erosion Hazard Area Permit based upon the following: 1. The Conservation Advisory Counsel provided comment that the location of the Coastal Erosion Hazazd line is landward of all proposed activities, and, as such, a full review of the application could not be conducted. 2. The LWRP Coordinator recommended that the application be found inconsistent with the LWRP because the proposal was inconsistent with Policy 4.1, 4.2, 6, and 6.3. 3. The Board conducted a site visit with the LWRP coordinator, and the New York State Department of Environmental Specialist Robert McDonough, which confirmed that the proposed actions were entirely located seaward of the Coastal Erosion Hazard line and within a primary dune and a primary dune is a natural protective feature 4. The proposed structures, as applied for, are located on the natural protective feature of a primary dune and governed by § 111-13 which prohibits all activities in such areas. C. The Town Board proceeding On November 12, 2008, the Applicant timely filed an appeal of the Trustee's determination pursuant to Town Code 111-25 and in the alternative seeking a variance from the standards set forth in the Code with the Coastal Erosion Hazard Board of Review (the Board). The Board held duly noticed public hearings on January 20, 2009, February 3, 2009, June 2, 2009 and September 7, 2010 at which time all interested parties were given the opportunity to present testimony on the application. Peter Danowski, Esq., appeared on behalf of the applicant and presented testimony on both the appeal and variance request. The testimony presented on the appeal reiterated the information provided to the Trustees as set forth in Section III above. With respect to the variance application, Mr. Danowski requested that the Board consider the purpose of Coastal Erosion Hazard Law, i.e. to protect property owners from erosion in conjunction with the expert reports entered into the record indicating that this sound front community has accreted. Additionally, Mr. Danowski also incorrectly noted that the Town is required to update the Coastal Erosion Map every 10 years which it has not done.z Z The Town does not have the authority nor the jurisdiction to change the Coastal Erosion Hazard Map. Pursuant to Chapter 1 11, the Town must follow the map as established by the NYS DEC. -5- i i Aram Terchunian, a coastal geologist, also testified for the applicant that the there ~ is no documented evidence of sea level rise in this area and, as such, it should not be ~ considered by the Board. Mr. Terchunian also testified that applicant meets all the ~ criteria for a variance, that the azea where the applicant's property is located is dominated by a series of beach ridges that have been deposited over decades and centuries and that ~ g~ ntin~ a variance will not destabilize the dune svstem. Members of the community also provided testimony in opposition to proposal including: I 1. Requests that the Town Boazd take into account the rising sea level and that the coastal erosion hazard line may be moved further inland in the future. 2. The existence of homes in the azea, does not provide a sound basis for granting an approval. 3. A primary dune is a dynamic system and is a natural protective feature ' under the Town Code. 4. The approval of this proposal with set a precedent for the undeveloped lots in the area. 5. Further construction within the maritime treshwaterinter-dunal swale that exists between Goldsmith Inlet and Hortons Point weakens the structure of the land and, as happened in East Hampton, could cause houses to go into the water. On April 3, 2009 the Applicant submitted additional material into the record, though the record was closed, and requested that a decision be issued. As the record was re-opened by the Town Board as discussed below, the content of this letter and its attachment were permitted to enter the record. Attached to this letter was a report of lhv Associates, Inc., Ecological Consultants, which purportedly addressed the public i comments. Most notably, Dru Associates March 17, 2009 report acknowledged the presence of natural protective features on site and generally stated, without any support or indication of where the features were located that the function of the natural protective features would not be altered. Upon review of the record and prior to issuing a determination, the Town Board on Apri121, 2009, noted certain deficiencies in the record with respect to the application and determined to re-open the public hearing, to permit the additional materials submitted by the applicant on April 3, 2009 and to enlist the services of En-Consultants, Inc., Robert E. Herrmann, Coastal Management Specialist ("Hemnann") to evaluate potential impacts of construction on erosion trends and on the natural protective features on the property. More specifically, the Town Boazd requested additional information with respect to whether the proposed construction was located within a natural protective ~ feature, whether any construction could be located outside the natural protective feature;. ~I what impacts the proposed and/or any construction might have on erosion trends and the site's natural protective feature and its functions and protective values; and whether and how (i.e. via location, scope design, etc.). those impacts could be avoided or minimized. -6- On June 2, 2009, the Town Board re-opened the public hearing and the record to address the above issues that were not adequately addressed at the January 20, 2009, February 3, 2009 public hearings. A letter from the applicant's representative dated May 29, 2010 was accepted into the record and noted that the applicant objected to the Town Board's reopening of the hearing. Additionally, a recommendation from Hemnann dated, April 20, 2009 was entered into the record which noted a critical deficiency in the rewrd, most notably that the applicant's site plan did not depict the most landwazd natural protective featwe on the site and therefore, that the Town Board could not ascertain the impacts of the proposed construction on the primary dune. Once the landward geomorphic toe and landward regulatory limit of the sand ridge/primary dune was identified, Herrmann could address the questions identified by the Board. At the June 2, 2009 meeting the Board directed that deficiencies in the applicant's plan noted by Hemnann be addressed by the applicant. Thereafter, the applicants' representatives and/or technical consultants met at the property on several occasions with the Town's representative and/or technical consultant to discuss the location landward toe of the natwal protective featwe. Based upon the agreement between the applicant's consultant and Herrmann of the location of the landward toe of the natwal protective feature, the applicant made significant revisions to its pians and, as requested by the Town Board, submitted a an amended application to the Board on July 15, 2010, indicated on the Plan as "Alternate 6." This alternative was for an approximately 1700 sq. ft. (footprint) single-family dwelling on pilings with pool, deck, garage and septic system, with a certain portion of the proposed construction occwring over the landward toe of the natwal protective featwe indicated on the plan. The revised plan was forwazded to Hernnann and a public hearing was duly noticed and scheduled for September 7, 2010. On August 30, 2010, the Town Board received a report from its consultant with the followin~recommendations on the Alternate 6 plan submitted by the applicant on July 16 1. At a minimum any development should be limited in scope and situated so as to avoid all physical encroachment on and distwbance to the geomorphic limits of the primary dune, both during construction and afterward to avoid displacement and/or degradation of the primary dune and that all construction should be conducted 8-10 feet from the landward toe of the primary dune. 2. The applicant could relocate and/or downsize the proposed structures and incorporate additional mitigation measwes to avoid degradation of the primary dune and therefore the proposal failed to meet the standazds for a variance set forth in §111-20. 3. Impacts to natwal resowces could be mitigated with the installation of leaders, gutters and drywells. 4. Limit removal of natural vegetation and wildlife habitat and the potential introduction of fertilizers by requiring that all undisturbed -7- portions of the site be perrnanently maintained as a nondisturbance buffer; requiring that all cleazed areas no built upon be restored with native, nonfertilizer-dependent vegetation and maintained as a landscape buffer and prohibiting the use of the such chemicals on the site 5. Additional revisions to the site plan presented by the applicant including the identification of the CEHA boundary; the depiction of the regulatory landward limit of the most landward natural protective feature; verification/update of the FEMA boundaries; depiction of a project limiting fence and staked hay bales along the proposed limits of clearing, grading and ground disturbance. On September 7, 2010, the public hearing on this matter was continued and all i interested parties were given the opportunity to speak. Mr. Danowski appeared on behalf of the applicants with certain consultants to address the items raised in the Herrmann report, most notably: I 1. That contrary to what was suggested by Herrmann, the County Health DeparUnent has the same septic system size requirements for two, three or four bedroom homes and their for downsizing the home would not decrease the size of the septic system and would not allow the applicant to move the home closer to the road. 2. The applicant has proposed a house on piles and a cantilevered deck to avoid heavy equipment on the primary dune and so that there would be no intrusive building of structures within the primary dune area. 3. Mr. Herrmann's report confirmed that there has been no long term erosion on the property. Members of the public again appeared in opposition to the application and reiterated azguments that were made at the prior hearings. The Town Board closed the hearing subject to comment by the applicant on Mr. Hemnann's report and reserving the Town's right to respond. The applicant submitted a response to the Herrmann report by letter dated September 21, 2010 which set forth the following: 1. There was no reasonable alternative site for the applicant to construct a single family dwelling and urging the Board not require that the location of the house be moved so that a variance would be required by the Zoning Board of Appeals, since the Zoning Board j had denied a prior variance application to an adjacent homeowner. Additionally, the area between the proposed structure and the road is necessary to accommodate the installation of a septic system and to provide parking for cars. The applicant also corrected an error in the record, the septic system proposed is fora 3 bedroom house. _g_ 2. The applicant offered to plant supplemental native vegetation to further protect the beach azea. The applicant also agreed to erect and maintain a silt fence/hay bale construction bamer to protect the area seaward of the piling foundation. The applicant would also consent to a condition that no mechanical equipment would be allowed seawazd of the piling foundation area during the construction activity. The applicant would also be willing to plant vegetation under the cantilevered deck. 3. The applicant is willing to limit the introduction of fertilizer and other contaminates and will supplement existing seaward vegetation. No clearing will be performed seawazd of the construction area. 4. There is no need for approximately 8-10 feet of width on the seaward side of the structures to protect the dune. 5. The applicant also ageed to install leaders gutters and dry wells; to a condition that would require that the undisturbed portion of the site be permanently maintained as a nondisturbance buffer; a requirement that all cleared areas not built upon be restored with native, non-fertilizer-dependent vegetation and maintained as a landscape buffer; and prohibiting the use of such chemicals on the site. 6. The applicant also submitted a revised survey, dated September 21, 2010 with the changes requested in the Hemnann report. On October 4, 2010, the Board received a letter from Hernann that confirmed that all changes requested in the August 30, 2010 report had been made by the applicant; that the applicant's consultant had confirmed that gading restrictions mandated by the County Health Department would prevent the sanitary system from being moved closer to the road and that if the proposed development was going to be moved farther from the primary dune without zoning relief, that the applicant would have to decrease or redesign the structural footprint. Hemnann also notes that the applicant failed to provide any engineering plan and/or construction narrative prepared by a licensed professional to demonstrate and certify how the proposed structures could be installed without breaching the clearing limitation and damaging the dune. No other comments were received and the record was closed on October 5, 2010. Thereafter and on November 12, 2010, the Applicant requested that the record be re-opened for the submission of a letter to the Boazd dated October 13, 2010 regarding certain County Health Department Regulations and a letter from Elderco, Inc., a contractor from Port Jefferson indicating the sequence of construction and how said construction sequence would protect the dune. On November 30, 2010, the Town Boazd, by Resolution No. 2010-942, re-opened the record for thirty days for the limited purpose of permitting the additional information requested by the Applicant to be entered into the record and considered by this Board and -9- allowing sufficient time for comments responding to the additional information supplied j by the Applicant. j On December 7, 2010, the Town Board forwarded the additional materials submitted by the Applicant to the Town Engineer and Chief Building Inspector for review and comment By letter dated December 8 2010 the Town Engineer submitted a response for the record reiterating the recommendation of Herrmann that a mrmmum ! setback between eight (8') and ten (10') feet from the landward toe of the dune, despite I the proposed construction sequence in the November 8, 20101ettsr from Elderco, Inc. The Town Engineer also suggested that the setback include the proposed pool and patio azeas and/or any other site improvement that will be constructed with andlor supported by the ground. Finally, the Town Engineer also noted that the proposed cantilevered framing will create the need to access the end of deck framing, the construction of which will ultimately reach out and adversely affect the dune and recommends that all cantilevered construction be limited so that it does not extend over or beyond the designated toe of the dune. On December 28, 2010, the Town Board received a letter from the j Kenney's/McCabe's Beach Civic Association stating that the Elderco, Inc. letter submitted by the Applicant that questioned whether said letter would qualify as the requested engineering plan and construction narrative recommended in the October 4, 2010 Herrmann letter, and noting certain alleged errors in the letter. This letter also ! points out that the content of the Elderco, Inc. letter is so general that it could apply to any building site and that there is no documentation provided by the Applicant to confirm that Elderco, Inc. will perform the proposed work on site. On December ~ 2010, the record of the proceeding was closed. APPEAL OF THE TRUSTEE'S DETERMINATION The Town Board confirms the determination of the Trustee's decision denying the ! application for a coastal erosion hazazd permit with certain modifications for the reasons set forth below. The CEHA program sets forth a series of regulated activities that require a coastal erosion hazard pemrits if such activities are wnducted within the CEHA. Regulated activities are defined in §111-6 as: The construction, modifcation, restoration or placement ofa structure, or major addition to a structure, or any action or use of land which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling or other. disturbance ofsail. -10- The construction of a new dwelling, without question, qualifies as a regulated activity. Furthermore, there is no dispute that all proposed activity involved in this application occurs within a designated CEHA and is seaward of the coastal erosion hazard line. As such, contrary to the applicant's azgtunent that he should not have been required to file an application for a coastal erosion management permit because the project activity is all located beyond 100 feet from the Town defined "beach" area, the applicant was clearly required by the Town Code to obtain a Coastal Erosion Hazard Permit prior to commencing construction on the site. Article II of the Coastal Erosion Hazazd Chapter of the Town Code sets forth the regulations that apply within coastal erosion areas and requires a permit for regulated activities in § 111-8. Section 111-8 is followed by specific criteria for the issuance of a permit in §111-9. Article II also sets forth additional regulations that apply in specific areas of sensitivity (structural hazard area (§111-10), near shore area (§111-11), beach area (§111-12), dune area (§111-13), and bluff area (§111-14)). If a proposal is located within a specific area of sensitivity, these additional regulations and prohibitions apply. In this instance, the Board of Trustees properly identified the portion of the property impacted by the construction of proposed single family dwelling as entirely within a primary dune azea.s This finding was supported by a letter submitted by the Department of Environmental Conservation to the Trustees stating the following: ...the landward limit line of the natural protective feature area (a.k.a. CEHA line) was mapped based on the determination that the primary dune was the most landward natural protective feature. As such, the State had drawn the Coastal Erosion Hazard Line based upon the presence of a primary dune. There was no evidence in the record before the Trustees indicating anything to the contrary. The applicant's expert reports also note that the area of the property closest to North Sea Drive contains sand ridges (which qualify as dunes under §111-6). Section 111-13(A) of the Town Code sets forth permitted and prohibited actions in primary dune areas: 1. Excavating, grading, or mining ofprimary dunes is prohibited. 2. Clean sand of a compatible type and size is the only material which ' may be deposited. Any deposition requires a coastal erosion management permit. ~ It is noted that the applicant argues in its letter of November 12, 2008, that since this area is not located within a beach area, tkiat the Trustees did not have jurisdiction. While the applicant maybe correct with respect to the location of the proposed construction in relation to the location of the beach area, the applicant failed to address the Trustee's finding that the proposed construction was within a primary dune area and therefore prohibited under §111-13(C). -11- , 3. All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore, a dune or dune are. 4. Active bird nesting and breeding areas must not be disturbed, unless such disturbance is pursuant to a specific wildlife management activity approved in writine by the Department S. Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune. 6. Stone revetments or other erosion protection structures compatible with primary dunes wall only be allowed at the waterward doe of primary dunes and must not interfere with the exchange ofsand between primary dunes and their fronting beaches. Section 111-13(C) further states that "[a]ll other activities and developments. in dune areas are prohibited unless specifically provided for by this chapter." The construction of a new single family residence does not fall within the activities that are permitted in a primary dune area under § 111-13 (A). Therefore, as determined by the Board of Trustees, the proposal qualifies as "other activities and developments" and is i prohibited under §111-13(C). Based on the foregoing, the Town Board affirms the determination by the Trustees. While the applicant argues that the Trustees have granted applications for Coastal Erosion Hazard Area permits to similar applications, the Trustees correctly distinguished these prior approvals in that each application involved land that was already developed and not vacant land, as is the case in this application: 1. Pearlstein was granted a CEM permit fora 432 s.f. addition to an existins single family residence, an addifion to be constructed on pilings above base flood elevation. No primary dune was identified on the property. 2. Von Zuben was granted a CEM permit for a renovation of an existin¢ single family dwelling, placement of the house on pilings, construction of a new deck, replacement of a sanitary system, removal of concrete walls on property lines, and the construction of a new gravel driveway. Construction was not proposed on an identified primary dune. 3. Rosicki was granted a CEM permit for the construction of a proposed addition and alteration to an existin family residence I including a deck and sanitary system. 4. Betsch -was denied a CEM permit initially and was granted a CEM permit only after obtaining a variance from the Town Board. The CEM permit was for the construction of a new single family dwelling and garage, in place of an existin dwelling, to be built on ' pilings with wnditions. -12- _ 5, Paskoff was granted a CEM permit to replace a burned out existin structure with a new single family residence with pool. No primary dune was identified where construction was proposed. 6. Litner was required to obtain only a building permit as the additions to the existins home did not constitute a major addition under Chapter 11 I 7. Sonnenborn received building permits for their home in 1989, prior to the enactment of Chapter 111. Furthermore, the applicant argued and presented information to the Trustees that the property and surrounding area had not experienced erosion and that the area had experienced accretion. This information was irrelevant to the Trustees consideration under Chapter 111. In this instance, once the primary dune area was identified, the Trustees had no authority to consider rates of erosion. The applicant could have used such information before this board to azgue its entitlement to a variance and/or to the New York State Department of Environmental Conservation, the entity having authority to move the Coastal Erosion Hazazd Line. The applicant also notes that four alternate plans were submitted and considered by the Trustees, however, each of these plans proposed construction that was prohibited in a primary dune area under §111-13(C). As such, the fact that the applicant submitted alternate plans that downsized the building is irrelevant and could not have been considered by the Trustees. For the reasons set forth above, the Town Boazd affirms the determination of the Trustees denying the applicant's request for a CEM permit. RELIEF FROM CHAPTER 111 A. Standard for Variance Relief. In the alternative to seeking a reversal of the Trustee's denial of a coastal erosion hazard permit, the applicant has requested variance relief from the standards of Chapter 111 pursuant to §111-20. In permitting the Boazd to grant such relief, the Town has recognized that the "strict application of the standards and restrictions of this chapter may cause practical difficulty or unnecessary hardship." This section goes on to list those criteria that an applicant has the burden of establishing that this Boaxd must consider when contemplating the grant of a variance from the strict application Chapter 111: A. No reasonable, prudent, alternative site is available. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design ant the property owner's expense. C. The development will be reasonably safe from flood and erosion damage. -13- D. The variance requested is the minimum necessary to overcome the practical dij~culty or hardship which was the basis for the requested variance. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. B. Location of the Primary Dune and Finding of Unnecessary Hardship Prior to proceeding with a determination as to whether or how regulated activifles could be conducted on the applicant's property pursuant to § 111-20, this Board determined that it would be necessary to identify and locate on the site plan the property's most landward natural protective feature and its landward limit. As noted above, the consultant reports submitted by the applicant refer to the presence of "beach ridges" or "sand ridges" on the property which were readily observed by Herrmann. Section 111-6 defines a dune as a "ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand: ' Additionally, § 111-6 defines a "primary dune" as the most waterward major dune where there are two or more parallel dunes" or any dune "where there is only one dune present " According to Hemnann's August 25, 2010 report, which is hereby adopted by the i Town Board, the beach ridge identified by the applicant's experts qualifies as a primary dune under § 111-6 and, as such, constitutes a natural protective feature. The landward regulatory limit of the primary dune occurs 25 feet landward of the landward Yoe of the dune identified on the property, as set forth in the definition of a "primary dune" in §1 l1- 6. As discussed in greater detail in the above section, entitled "Appeal of the Trustees' Determination," new construction is prohibited within a primary dune area (and, by definition, 25 ft. from the landward toe of the primary dune itself) and since the proposed construction in alternatives 1-6 as presented by the applicant would have situated new structures within the primary dune area, the applicant could not meet the standards set forth in §111-4. Since the 44 to 54-foot wide area between the road and the regulatory limit of the primary dune is arguably insufficient area to place even a minimally sized dwelling a reasonable distance from North Sea Drive, this Board concludes that the strict application of the standards and restrictions of Chapter 111 has created a practical difficulty and_ /or unnecessary hardship for the applicant. C. Analysis of Variance Criteria Pursuant to § 111-20 the applicant had the burden of establishing that he has satisfied each of the criteria listed therein. As set forth in further detail below, the applicant can satisfy each of the criteria, if certain conditions are met.: L No reasonable, prudent, alternative site is available. -14- The application generally states that there is no reasonable, prudent alternative site because the applicant does not own other property within the Town. However, this standard also requires the applicant to consider alternative locations for the proposed structure on property at issue in this appeal. According to the Hemnann report, should the Town permit the site to be developed the reasonable and prudent location for the proposed structures would be entirely landwazd of and as far behind the identified geologic primary dune as possible because the dune, which was described by the applicant's consultant (Mr. Terchunian) as "typically very stable" and "dominated by mature vegetation", provides whatever natural protection a dwelling can have on this site. Alternate 6 does propose to locate the proposed structures predominately behind the "landwazd toe of the most landward beach ridge" as depicted on the applicant's site plan, however, the structures would be located physically adjacent to the beach ridge and the cantilevered deck would extend directly over it. As concluded by Herrmann and the Town Engineer, if the integrity of the beach ridge were compromised or undermined whether during or after construction, a reasonable, prudent, alternative site that situates the proposed structures further from the landward toe of the most landward beach ridge/primazy dune is available on the site. The Board finds that there is an alternative location on this property to construct a home that will adequately protect the natural protective feature. The applicant can place all structures 8 feet from the landwazd toe of the primary dune. 2. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owners' expense. The applicant azgues that Alternate 6, which proposes a house on pilings and a cantilevered deck, adequately mitigates potential adverse impacts within the primary dune area. As noted in the Hemnann report, placing the house on pilings is a requirement of FEMA, the federal regulatory progam that protects the proposed structure from potential flood and erosion damage and has nothing to do with the protection of or mitigating impacts to the primary dune azea identified on the plan. The July 15, 2010 application (Alternative 6) did not include a discussion of environmental impacts, including potential for causing increased erosion at the site and at adjacent locations; potential impacts on natural protective features and their function and value; and potential impacts on natural resources. In this instance, the most significant need for mitigation is that required to physically protect and preserve the primary dune by preventing its physical displacement or degradation both during and after wnstruction (Herrmann report p. 3). While the applicant ageed to place a project limiting fence at the landward toe of the primary dune, a fence could not be maintained at that location during construction of the current proposal because the swimming pool, deck and southwest portion of the dwelling aze proposed physically adjacent to and/or over the dune and, the excavation for and the installation of those structures and their foundations would necessitate workers, equipment and machinery accessing the seaward side during construction (Hemnann -15- { report page 4). This would ultimately breach the proposed clearing limitation line and would disturb the primary dune. Additionally, after wnstruction there may be loss of vegetation that could result from direct shading by the cantilevered deck that would 'il extend directly over the primary dune (Id.). The Applicant has submitted a letter written by Michael Burner, President of Elderco, Inc., concluding that the proposed construction could be accomplished without damaeine the dune and statine that no machinery will be required in the dune area south of the proposed fencing on the landward toe of the dune. However, the Town Engineer, despite review of the statements made in the Elderco, Inc. letter, has reiterated the recommendation of Herrmann that the construction and cantilevered deck and pool be set back a minimum of 8' to 10' from the landward toe of the dune to adequately protect the integrity of the dune to provide a minimal buffer azea around new construction and provide access to the new construction without the need for encroachment into the dune area. Further, the Town Engineer has opined that ' the cantilevered style of framing will create the need to access the end of deck framing. ' This Board also notes that the Applicant has not submitted any engineering plans to document and illustrate that the general statements made in the Elderco, Inc. letter are possible on this particulaz site. As such, the Board agrees with both Herrmann and the Town Engineer that the shading of the dune azea will negatively affect the health of the dune system and that the construction process will ultimately reach out and negatively affect the dune azea. The Herrmann report also identifies potential impacts on natural resources that include, but are not limited to the permanent removal of certain azeas of natural vegetation; increase in runoff due to displacement of pervious sand soils with sttuctures ' and impervious surfaces and the potential for introduction of fertilizers and other contaminants. To deal with these potential impacts the Town will require, and the applicant has agreed to take the following measures: i. Erect aproject-limiting fence and staked hay bales along the proposed limit of clearing, grading, and ground disturbance prior to the commencement of construction and maintained until the completion. ' ii. The undisturbed portion of the site shall be maintained as nondisturbance ' buffer. iii. All cleazed areas that are not built upon must be restored with native, nonfertilizer-dependent vegetation and maintained as a landscape buffer I iv. No pesticides, fertilizers or similar chemicals shall be permitted on site. The Board finds that the above conditions and further a condition that all structures and construction take place a minimum of S feet from the landward toe of the ' primary dune will adequately mitigate potential adverse impacts on natural systems and their functions and values, in accordance with the recommendation of Hemnann and the ' Town Engineer. 3. The development will be reasonably safe from.f7ood and erosion damage. -16- The appeal presented by the applicant relies primarily upon technical reports that document the relative stability of the adjacent shoreline for the past 40 years. However, a period of stability along a given shoreline does not necessarily indicate that the shoreline will remain stable, and regardless of its historical trends, any shoreline fronting Long Island Sound is potentially susceptible to flood and erosion damage during significant individual storm events.4 To make this proposal as reasonably safe from flood and erosion damage as is possible on a property adjacent to the Sound it should be constructed on pilings, which the applicant has committed to, and by placing it as far from the sound and a minimum of 8 feet away from the most landward toe of the primary dune is practicable and will adequately protect the integrity of the primary dune to further protect the structure from flood and erosion damage. Alternative 6 proposes to construct a single family dwelling, deck, and pool physically adjacent to and over the primary dune, which creates the potential for the degadation of the feature and undermines the feature's ability to provide protection for the development and adjacent azeas against flooding and erosion. 4. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. The applicant also azgues that the single family dwelling proposed in Alternatives 1-5 were relocated and reduced in size in the single family dwelling proposed in Alternative 6, but does not specifically address whether or how the minimum variance relief necessary to overcome the applicant's hazdship. Alternative 6 proposes structures physically adjacent to the primary dune, in part to a stated desire to maintain the 40-ft. front yard setback required by the Zoning Code. The development could be shifted farther landward of the primary dune and without requiring a variance by downsizing and/or reconfiguration of the proposed structures. The approximately 1,700 sq. ft. footprint of the proposed two story dwelling is neazly twice the 850 sq. ft. minimum required by Chapter 280, and the swimming pool and deck are proposed on the seaward side of the dwelling. Given the need to balance zoning and environmental restrictions, placing the dwelling closer to the road and/or reducing the scope of the structures, the development proposed by Alternate 6 is more than the minimum relief necessary to overcome the hardship that is the basis of this appeal and the applicant has not provided any evidence or proof to the contrary. However, if the applicant moved all structures beyond a minimum of 8 feet of the landward toe of the primary dune, this Boazd believes that the applicant can construct a single-family dwelling and that this is the minimum variance necessary to overcome the practical difficulty or hazdship of the applicant. The applicant has emphasized that this area has not had significant erosion and has actually accreted through this proceeding to support the argument that it is entitled to coastal erosion permit. This Board notes that it is not the authority that draws the coastal erosion hazard line and has no jurisdiction to do so. Chapter 111 refers to the Coastal Erosion Hazard Area Map of the Town of Southold prepared by the New York State Department of Environmental Conservation. While this Board may sympathize with the applicant regarding the stability of this coastline and the lack of erosion over the past 40 years, it cannot remove this parcel from the Coastal Erosion Hazard Area and must apply Chapter 111, as written. -17- S. Where public funds are utilized, this criteria does not apply in this instance as there aze no public funds being utilized. CONCLUSION Therefore, in the interests of justice and for the reasons set fort erem, s oar grants the applicant relief from Chapter 111 of the Town Code upon the following i conditions: 1. All structures and construction occur a minimum of 8 feet from the landward toe of the primary dune depicted on the site plan prepared by Young & Young dated September 21, 2010. 2. The erection of a project limiting fence and staked hay bales along the limits of clearing, grading and ground disturbance prior to the commencement of construction and maintained until completion of construction. 3. The undisturbed portion of the site shall be maintained as a ~ nondisturbance buffer. 4. All cleazed areas not built upon must be restored with native, nonfertilizer- dependent vegetation and maintained as a landscape buffer. 5. No pesticides, fertilizers, or similar chemicals shall be permitted on site.. 6. The installation of leaders, gutters, and drywells to control runoff from the proposed structures. The granting of this relief is subject to the conditions of such other permits as the ' applicant has already acquired or may otherwise have to acquire for final approval of the proposed project. Furthermore, this Board finds that the proposal is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section 617, and that the Boazd, as Lead Agency, issues a Negative Declaration for the proposal, with the above conditions. Finally, this Board finds that this project is consistent with the LWRP pursuant to Chapter 268 of the Town Code, Waterfront Consistency. Review, so long as the above conditions are adhered to. Dated: January 4, 2011 -18- .s , lAW OFFICES PETER S. DANOWSKI, ~1R. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (831) 727-7451 - ~ C i. i ~ CJ;i7 E-mail: pdanowski~danowskilaw.com i " JOHN P. TAGGART, ESQ. jtaggartv~danowskilaw.com ! ' i 'r - _ October 13, 2010 y Southold Town Board 53095 Route 25, Box 1179 Southold, New York 11971-0959 Re: Robert G. Bombara Dear Sir or Madam: As I await any written comment from the Town or their consultants, I thought it might be helpful to address the sanitary system installation requirements, vis-a-vis the location of the residential dwelling. The Health Department's standards and policies are not easy to digest. 1 have asked my client's engineer to provide a further written response. Simply put, the system must be clustered away from property lines and meet certain grading requirements. There is a distinction between pre-existing lots and new proposed subdivision lots. The standards and policy bulletins talk in terms of "a four bedroom residence' as distinguished from "up to a four bedroom residence". I enclose an alternate 6 pool system with a retaining wall properly located, per the Health Department standards. In summary, we have provided a plan which meets the regulations of the Health Department at a location nearest to the public roadway, not interfering with the house construction nor a proposed driveway entrance. Very truly yours, ~ (i('/V ~ PETERS. DANOWSKI, JR. PSD:gsg Encls. Cc: Robert G. Bombara Thomas Wolpert YOUNG & YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 adminC~youngengineering.com HOWARD W YOUNG, Land Surveyor THOMAS C WOLPERT, Professional Engineer ROBERT C. TAST, Architect DOUGLAS E. ADAMS, Professional Engineer HAND DELIVERED September 28, 2010 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, New York 11901 RE: ROBERT G. BOMBARA at Southold, T/O Southold, New York (06-0320) Dear Mr. Danowski: Enclosed is a copy of the SCDHS Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences dated November 13, 1995, for your review and file. In particular, please note the following: 1. the minimum separation distances from the nearest part of septic tanks and leaching pools to buildings, property lines and water lines are indicated in Table 1 on Page 17, 2. the minimum leaching system design for a one to four bedroom residence where the depth to groundwater is less than 9 feet is "design alternative system", as indicated in Table 3 on Page 18, 3. the alternate sewage disposal system for high groundwater conditions for a four bedroom residence requires a 1,200 gallon septic tank and six (6) 8 ft. diameter, 2 ft. high precast concrete leaching rings, as indicated in the Addendum, Figure 10, and 4. the alternate sewage disposal system for high groundwater conditions for up to a four bedroom residence requires a 1,000 gallon septic tank and five (5) 8 ft. diameter, 3 ft. high precast concrete leaching rings, as indicated in the Addendum, Figure 11. Planning Engineering Land Survrying Architecture Page 2 September 28, 2010 If you have any questions, please contact us. Very truly yours, Thomas C. Wolpert TCW/mal Encl. cc: Robert G. Bombara + Encl. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF ENVIRONMENTAL QUALITY STANDARDS APPROVAL OF PLANS AND CONSTRUCTION - - SEWAGE DISPOSAL SYSTEMS FOR SINGLE-FAMILY RESIDENCES Brian L. Harper, M.D., M.P.H. Commissioner of Health Services Vito Minei, P.E. Director of Environmental Quality November 13, 1995 SECTION PAGE 5-101 Introduction 1 5-102 Definitions Applicable to These Standards 1 5-103 Prohibitions of Subsurface Sewage Disposal Systems 3 5-104 Plans/Permits/Approvals Required 3 5-105 Siting of Subsurface Sewage Disposal Systems 4 5-106 Subsoil and Groundwater Criteria for Subsurface Systems 6 5-107 Minimum System Requirements 7 5-108 Construction Material Requirements 7 5-109 Septic Tank Requirements g S-1 ] 0 Leaching Pool Requirements q S-1 ] 1 Cover Requirements 10 5-112 Distribution Box and Manhole Requirements 11 5-113 Sewer Line Requirements 12 5-114 Alternative Systems 13 S-11S Other Systems 13 5-116 Separation of Water and Sewer Lines 14 5-117 Final Grading and Backfilling 1S 5-118 Sewage Ejector Systems IS 5-119 Variances 16 5-120 Approval by the Commissioner of Health Services 16 o~ i TABLES PAGE No. 1 Minimum Separation Distances to Sewage Disposal Systems 17 No. 2 Minimum Septic Tank Capacities 1'7 No. 3 Minimum Leaching System Design For A One To Four Bedroom Residence 18 No. 4 Minimum Leaching System Design For A Five Or Six Bedroom Residence IS FIGURES No. 1 Typical Rectangular Septic Tank 19 No. 2 Typical Cylindrical 1250 Gallon Septic Tank with Slab 20 No. 3 Typical Cylindrical 1500 Gallon Septic Tank with Dome 21 No. 4 Typical Leaching Pool 22 No. 5 Typical Sewage Systems For One To Four Bedroom Residence 23 No. 6 Typical Sewer Line Cleanouts 24 No. 7 Typical Distribution Box 25 No. 8 Altemative Sewage Disposal System for High Groundwater 26 No. 9 Alternative to Distribution Box 27 l 11 STANDARDS APPROVAL OF PLANS AND CONSTRUCTION SEWAGE DISPOSAL SYSTEMS FOR SINGLE-FAMILY RESIDENCES 5-101 INTRODUCTION A. The purpose of these standards is to assure a safe, sanitary means of disposing of household wastewater. Properly designed, maintained and operated sewage disposal systems minimize the possibility of disease transmission and the potential for contamination of ground and surface waters. B. These are Standards for the Suffolk County Department ofHealth Services for the Administration of Section 760-502, of Article 5 (Sewage Disposal), and Section 760-710 of Article 7 of the Suffolk County Sanitary Code. Facilities designed and constructed in compliance with these Standards will be in compliance with these sections of the Suffolk County Sanitary Code. C. The information presented in these Standards applies to buildings used as asingle-family residence(s) and only addresses sewage as herein defined. Other solid, liquid or gaseous emissions are subject to a separate review and approval by the Department. For details relating to other than single-family residences, referto "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single-Family Residences". 5-102 DEFINITIONS APPLICABLE TO THESE STANDARDS Absorption Area - An area to which wastewater is distributed for infiltration to the soil. Alternative System - A subsurface sewage disposal system which contains components or design elements not explicitly described in these Standards. Backfill - 1) The operation of refilling an excavation, usually after some structure or pipe has been placed therein; 2) the material placed in an excavation in the process of backfilling. Building Sewer -The sewer line which extends from the building to the sewage disposal or sewer system. Department -The Suffolk County Department ofHealth Services. Design Flow -The volume of sewage to be used for the purpose of designing the size of the sewage disposal system. Design Professional - a person licensed or registered in the State of New York and authorized by the State Education Law to design the systems described in these Standards. Page I Groundwater -The subsurface water occupying the zone of saturation below the established water table. Hydraulic Loading -The daily design volume of sewage discharged from the site. Leaching Area -The sidewall absorption area in a leaching pool below the inlet pipe. Leaching Pool - A covered pit constructed with a perforated, reinforced concrete wall through which septic tank effluent will infiltrate the surrounding soil. Perched Groundwater -Groundwater which is separated from the main body of groundwater by an aquiclude (e.g. a clay lens). Sewage -The combination of human and household waste with water which is dischazged to the home plumbing system including the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture, equipment or machine, together with such groundwater infiltration and surface water as maybe present. Septic Tank - A watertight chamber used for the settling, stabilizing and anaerobic decomposition of sewage. Sewage Disposal System -Any plumbing or conveyances which result in or aze capable ofresulting in a discharge of sewage. This includes, but is not limited to, building sewers, septic tanks, leaching pools, sumps, file fields, holding tanks, treatment works, outfalls and connecting piping. The term may also refer to a part of a larger disposal system. Sewer Line - A pipe designed to convey sewage. Sewer System - (also referred to as sewerage system, public sanitary sewer, municipal sewage disposal system, privately owned communal sewerage system, and communal sewage disposal system) Pipe lines, conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, used for conducting sewage, to a point of ultimate disposal. Single-Family Residence - A dwelling unit; one or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. Subsurface Sewage Disposal System - A sewage disposal system designed to treat and dispose of septic tank or other treatment facility effluent by application of the effluent to a soil surface at a depth below the surface of the ground. Treatment Works - A facility designed for the purpose ofremoving certain constituents from sewage by mechanical means, and stabilizing, and disposing of sewage. Page 2 5-103 PROHIBITIONS OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS A. The installation of a subsurface sewage disposal system(s) is prohibited when the site to be developed is within a sewer district or has an approved sewer system and treatment works available and accessible. 5-104 PLANS/PERMITS/APPROVALS REQUIRED A. PLANS/PERMITS REQUIRED TO CONSTRUCT 1. WRITTEN APPROVAL OF PLANS REQUIRED PRIOR TO CONSTRUCTION. Written approval of plans is required before start of construction of any new sewage disposal system. Plans shall be prepared by a Design Professional and shall conform to guidelines issued by the Department. Plans shall be prepared on plot surveys. These plans, once signed and approved by an authorized representative of the Department, become a permit to construct. Refer to Department bulletin "Procedure & Requirements for Residential Construction", Form #WWM-041(latest revision). Plan approval is not required for additions (overflows) to existing residential sewage disposal systems, but these Standards shall be used as a guideline for construction. 2. PERMITSREQUIREDFORALLNEWSEWAGEDISPOSALSYSTEMS Permits are required for all new sewage disposal systems including, but not limited to, those servicing new single- family residences, home additions, and accessory structures. 3. DESIGN SYSTEM FOR LIFETIME OF FACILITY. In addition to providing for the public health and the environment, there must be reasonable assurance that a system will be able to remain in satisfactory service without incurring large capital reinvestment over the lifetime of the facility. The sewage disposal systems permitted pursuant to these standards should remain functional for the lifetime of the facility from which they receive the sewage discharge. 4. RESPONSIBILITY OF DESIGN PROFESSIONAL. The Design Professional retained to design the sewage disposal system shall be responsible for all aspects of the system design. That responsibility includes gathering all design information as necessary, making the site evaluation, and creating the design. These Standards shall not be construed as providing sufficiently detailed guidance as to relieve the Design Professional from undertaking whatever additional steps or measures that may be necessary to achieve an appropriate design. 5. PERMITSFROMOTHERAGENClES. Permits from other agencies, where such permits may affect placement ofthe sewage disposal systems, shall be submitted to the Department prior to the Department's issuance of a permit to construct. Such permits include, but are not limited to, wetlands or natural resources permits from the New York State Department of Environmental Conservation, the Army Corps of Engineers, and/or the appropriate local regulatory authority (e.g. delegated agents for administration of New York State Environmental Conservation Law (NYSECL) Articles 15, 24, 25; Wild, Scenic & Recreational Rivers; Town Natural Resources Permits; etc.). Page 3 B. CERTIFICATION OF CONSTRUCTION REQUIRED (FINAL APPROVAL) 1. SINGLE FAMILYRESIDENCES COVERED HEREIN. Sewage disposal systems for single- family residences in Suffolk County shall be constructed to conform to these Standards. Applicants aze required to obtain Department certification ofconfotmance to these Standazds. 2. BACKFILLING INSPECTION PROCEDURES. Prior to backfilling, the installed sewage disposal system shall be inspected and authorized for backfilling by a representative of the Department. In the case of buildings to be served by sewers, the Sewer District is usually the designated representative of the Department. Otherwise, the Department shall be notified at least forty-eight (48) hours in advance of scheduled backfilling. Failure to contact the Department to observe the backfilling process may result in re-excavation of backfill. No approval or permit will be made or issued by the Department unless there is compliance with these requirements. 3. "ASBUILT" PLANSREQUIRED. Certification of completed construction will be granted to the applicant on "as built" plans which are to be submitted after the final satisfactory field inspection is completed. These plans shall include accurate measurements from permanent, fixed reference points to each component of the sewage disposal system and the water supply well or public water service line. These plans are to be signed and sealed by a design professional. 4. SEPARATE CERTIFICATION OF CONSTRUCTION MAYBE REQUIRED. In some cases, the Department may also require a separate certification of construction by a licensed design professional. Occupancy of a building or dischazge to any sewage disposal system is prohibited without the final approval/certification of construction issued by the Department. Refer to bulletin on "Requirements for Single Family Construction", Bulletin Number WWM-041(latest revision), for more details. 5-105 SITING OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS A. PRIORITY FOR SEWAGE DISPOSAL SYSTEM Because the failure of a sewage disposal system has the potential for significant public health impacts, first priority during planning shall be given to the location of sewage disposal systems over the location of other improvements on the property. I. CONSIDER ALL FACTORS CAREFULLY. The design professional is responsible to carefully consider the significance of the existing and proposed topography, soils, locations of existing and proposed water supply wells, surface waters and wetlands, groundwater conditions, and the planned locations of other improvements such as foundations, driveways, and construction on adjacent properties, property lines and other limitations of a physical or legal nature. 2. A SUPERIOR SITE SHALL NOT BE FOREGONE. A disposal site available prior to development which is adequate for installation of a disposal system which can conform to these standards shall not be sacrificed to enhance the siting of other improvements being considered for the site. Page 4 B. SITE CONDITIONS PROHIBITED. Sewage disposal systems shall not be located: 1. In areas with a surface elevation lower than the 10 year flood level; 2. In any area subject to imminent erosion, which cannot be controlled so as to protect the sewage disposal system; 3. In areas where the maximum high groundwater level is less than one foot below the original ground surface; 4. In areas with slopes greater than 15%; 5. In areas where the existing subsoils contain meadow mat, bog, silts, clays, or other impervious material extending below the groundwater table; 6. In areas where groundwater conditions are not conducive to the proper functioning of subsurface sewage disposal systems; 7. In a Swale; 8. Where the topography concentrates runoff onto or into the azea where the system is proposed; 9. Where surface water discharges would be induced to artificially raise the groundwater level below the system; 10. In any area or under any part of a building, roadway, driveway, or other improvement that does or may prevent reasonable access for repair or maintenance of the system. C. SITE CONDITION REQUISITES. Sewage disposal systems shall be located: 1. On land owned in fee by the Applicant; 2. On the same parcel as the building to be serviced; 3. In an unimproved area which allows adequate access for maintenance and fifty percent expansion of the leaching facilities. Deepening the system is not permitted in lieu of providing this expansion area; 4. In the "front yard". A location other than the front yard will be considered in order to protect drinking supply wells and to accommodate unique grading situations, provided it is in conformance with the other aspects of these Standards; 5. At least sixty-five (65) feet from bluffs or landward of the dwelling; 6. The minimum separation distances for subsurface sewage disposal systems are presented in Table 1. Page 5 5-106 SUBSOIL AND GROUNDWATER CRITERIA FOR SUBSURFACE SYSTEMS A. SOIL INVESTIGATION Subsoil conditions shall be shown on the plan. The nature of the soil shall be determined by excavation of one or more test holes at the site of the proposed subsurface sewage disposal system. The soil investigation shall be subject to the following conditions: 1. TEST HOLES. The test hole shall be carried to a depth of six feet in excess of the proposed leaching pool bottom or, in the case of unusual soil, until a strata of six feet of sand and gravel, acceptable to the Department, is encountered. The test holes shall be a minimum of seventeen (17) feet deep or six feet into groundwater. A test hole log and grade elevation at the test hole location shall be indicated on the plan. 2. RESPONSIBILITYOFDESIGNPROFESSIONALS. The design professional, by providing this information on the submitted plan, is considered as certifying the results. Test holes listed as "by others" are unacceptable unless independently certified by a design professional. Test holes undocumented as to time and location of test aze not acceptable. 3. ADDITIONAL TEST HOLES. Additional test holes witnessed by a representative of the Department may be required prior to approval to construct in areas of unusually poor soils or where data on record with the Department indicates inconsistent conditions. 4. REMOVAL OF SOILS UNSUITABLE FOR LEACHING POOLS. Unsuitable soils shall be removed and replaced with sand and gravel, acceptable to the Department, for a diameter six feet greater than the leaching pool (three foot collar) extending down into a minimum six foot strata of acceptable sand and gravel. In those areas where these criteria cannot be met, consult the Department. Percolation tests will be required in accordance with 10 NYCRR, Appendix 75A.4 for absorption systems where groundwater is less than or equal to eight feet below grade and where unsuitable soils cannot be removed. B. GROUNDWATER INVESTIGATION Groundwater elevation, if encountered shall be shown on soil test logs submitted on plans. The plans are subject to the following conditions: 1. MEANHIGHTIDE. In areas subject to tidal action, groundwater elevations shall be measured at mean high tide and be so noted on plans. 2. GRADINGPLANREQUIREDIFLESSTHANSEVENFEETTOGROUNDWATER.Incases where groundwater elevation is less than seven feet below surface elevation a grading plan is required to be shown on the plans. The grading plan shall indicate plan and profile views of the disposal system, the residence first floor and the waste pipe invert, respectively, and final grade elevation. The plan view shall indicate final grade by showing one foot contour lines for at least twenty (20) feet from the leaching system. Page 6 C. DEPARTMENT INSPECTION PRIOR TO INSTALLATION In the case ofunacceptable soil and/or groundwater conditions, inspection of the excavation by a representative of the Department is required prior to the installation of the leaching pool. 5-107 MINIMUM SYSTEM REQUIREMENTS A. SEPTIC TANK CAPACITY Septic tank minimum capacity shall be provided in accordance with Table 2. B. LEACHING POOL LEACHING AREA The minimum leaching area is specified in Tables 3 and 4. 5-108 CONSTRUCTION MATERIAL REQUIREMENTS A. DEPARTMENT APPROVAL REQUIRED All materials used in the sewage disposal system shall be approved by the Department prior to use. B. APPROVAL PROCEDURE 1. DESIGNDRAWINGS. Drawings ofproducts which meet the functional design criteria of this code and which contain thereon the signed, dated manufacturer's certification as to the structural integrity of the designed and manufactured product for the purpose intended shall be filed with the Department. 2. APPROVED PRODUCT DRAWINGS KEPT IN DEPARTMENT FILE. Once approved, a copy ofthe product drawing shall be kept on file in the Department. Products so approved are approved for general use and do not require further or repeated product submittal or approval unless such approval is withdrawn by the Department. C. PRODUCT IDENTIFICATION All materials shall be identified as to manufacturer and have the identification visible at the time of inspection. D. GUIDELINES USED BY THE DEPARTMENT Compliance with the National Sanitation Foundation, The American Society of Testing and Materials and/or The American Water Works Association requirements and specifications shall be used as a guideline in reviewing applicable materials of construction for approval by the Department. Page 7 5-109 SEPTIC TANK REQUIREMENTS A. SEPTIC TANK CONSTRUCTION CRITERIA (See Figures 1, 2 & 3) 1. TYPICAL CONFIGURATIONS. Typical septic tank configurations aze shown in Figures 1, 2, & 3. Alternate tank configurations may be accepted if designed in accordance with lONYCRR, Appendix 75-A. 2. INVERTSEPARATIONANDLlQUID LEVEL. The outlet invert shall be six inches below the inlet invert. The invert must be a minimum of four feet above the tank bottom, unless the tank is otherwise designed in accordance with l ONYCRR, Appendix 75-A. 3. AIR SPACE. There shall be a minimum one foot air space measured from the outlet invert to the bottom of the tank cover. 4. ACCESSOPENINGS, COVER AND CASTING. There shall be one 20-inch diameter covered opening located over the inlet and a second opening provided over the outlet. The outlet opening shall be equipped with a 20-inch diameter watertight and insect-proof locking cast- iron cover at final grade. 5. TRAFFIC TOPS FOR TRAFFIC CONDITIONS. When a septic tank is approved to be installed in a driveway or parking area, traffic bearing tops shall be used. 6. COMPRESSIVE STRENGTHREQUIREMENTS. Concrete shall have a minimum compressive strength of 3,000 pounds per square inch (psi) at 28 days set. 7. DESIGNSTRENGTHAND WALL THICKNESS. Wall thickness shall be a minimum of three inches unless the design has been certified by a New York licensed professional engineer as complying with all appropriate requirements for thin-wall construction. All walls, bottom and top shall contain reinforcing to resist an applied force of 300 pounds per square foot (psf). 8. WATERTIGHT TANKS. All joints shall be sealed so that the tank is watertight and certified as to watertightness after installation. Tanks that are cast in place must be certified by a licensed professional engineer and, as a minimum, have the floor and walls monolithically poured. 9. GARBAGE GRINDERS REQUIRE SPECIAL SEPTIC TANK PROVISIONS. An additional 250 gallons of capacity and seven square feet of surface area is required when a garbage grinder can reasonably be expected at the time of construction. A gas deflection baffle or other acceptable outlet modification and a dual compartment tank or two tanks in series shall also be provided. ] 0. DESIGN TANKS ACCORDING TO 75-A. Unless otherwise stated, tanks shall be designed based upon 10 NYCRR, Appendix 75-A. Page 8 B. SEPTIC TANK INSTALLATION STANDARDS 1. INSTALL TANK ACCORDING TO MANUFACTURER'S RECOMMENDATIONS. All applicable recommendations provided by the manufacturer shall be implemented. 2. INSTALL TANK LEVEL. The septic tank shall be installed at level in all directions (with a maximum tolerance in any direction of+/-one quarter inch) on a minimum 3 inch thick bed of properly leveled and compacted sand (free from rocks) or pea gravel. 3. DROP `T' OR EQUIVALENT BAFFLE. All outlets from the septic tank shall be provided with drop `T' or equivalent baffle approved by the Department extending into the liquid one third of the liquid depth. 4. GAS DEFLECTION BAFFLES. Gas deflection baffles are recommended for installation below each effluent drop `T'. 5.. SINGLE OUTLET. Tanks shall be provided with a single outlet. A distribution box is required for all systems with multiple leaching pools unless an altemative design is approved by the Department. One acceptable altemative design is shown in Figure 9. 6. MAXIMUMDIRECT FLOW PATH. The outlet shall be located at the maximum possible flow path from the inlet. 7. GROUND COVER OVER SEPTIC TANK. The top of the septic tank shall not be located greater than four feet or less than one foot below final grade. For septic tanks with domes, the top of the dome shall not be located greater than two feet or less than one Foot below final grade. 5-110 LEACHING POOL REQUIREMENTS A. LEACHING POOL DESIGN AND CONSTRUCTION 1. TYPICAL LEACHING POOL AND LAYOUT. Atypical leaching pool is shown in Figure 4. Typical leaching pool layouts are shown in Figure 5. 2. DISTANCE TO GROUNDWATER. The bottom of any leaching pool system shall be at least three feet above the highest recorded groundwater level at the proposed system's location and at least two feet for shallow altemative systems approved by the Department. 3. ABSORPTIONRATES. For areas of sand and gravel, the design of the leaching pool shall be based upon a maximum leaching rate of 1.5 gallons of sewage per day per square foot of sidewall area. Minimum size disposal systems for sand and gravel conditions are given in Table 3 and Table 4. 4. ONE TO FOUR BEDROOMS. The minimum disposal systems for a one to four bedroom single-family residence are described in Table 3 (also see Figure 5). Page 9 ' S. FIVE OR SIXBEDROOMS The minimum disposal systems for a five or six bedroom single- family residence are described in Table 4. 6. PIPE DIRECTLY. The leaching pools shall be piped directly from the septic tank or a distribution box (See Figure 5). 7. PRECAST REINFORCED CONCRETE. Leaching pools are to be constructed of precast reinforced concrete (or equal) leaching structures, solid domes and/or slabs. 8. DIAMETER. Leaching pools shall be a minimum of eight feet in outside diameter. 9. MULTIPLE POOLS OF UNIFORM SIZE When more than one leaching pool is used, all pools shall be of nominally equal size. 10. ACCESS OPENINGS. Access openings with a minimum diameter oftwenty (20) inches shall be provided for each pool as shown in Figure 4. 11. GROUND COVER OVER LEACHING POOLS. Leaching pool covers shall be at least one foot below grade, but not more than two feet. For deeper systems, "dummy" rings shall be used to bring the top of the slab or dome to within four feet of final grade. 12. MAXIMUMDEPTH OF LEACHING POOL. The maximum permissible depth of a precast concrete leaching pool is twenty-five (25) feet below grade. 13. CHIMNEYS Leaching pool "chimneys" shall be of reinforced precast concrete, securely affixed, and may not exceed two feet in height; or four feet, if a locking cast-iron cover is installed at grade. 14. SANDAND GRAVEL REQUIRED. The effective leaching area of a leaching pool (below the inlet pipe) shall be installed entirely in sand and gravel, acceptable to the Depar4nent. 15. DEBRIS. The bottom and sidewall area of the leaching pools shall be free of debris before backfilling. 5-111 COVER REQUIREMENTS A. PRECAST REINFORCED CONCRETE All covers, when not required to be brought to grade, shall be of precast reinforced concrete (or equal). B. DIAMETER Covers over three feet in diameter are not permitted. Page 10 C. CAST-IRON COVERS All cast-iron covers shall be set at finished grade, be locking, watertight, insect-proof, and be approved for sewerage use. 5-112 DISTRIBUTION BOX AND MANHOLE REQUIREMENT A. MANHOLES OR CLEANOUTS Manholes or cleanouts (see 5-113 A.5,8) shall be provided on sewer lines wherever there is a grade change or alignment change fiuther than ten feet from the foundation and otherwise at intervals not exceeding 100 feet. Refer to Figure 6 for cleanout detail. This requirement does not apply to pipes under pressure. The following additional criteria apply to the design and construction of manholes. 1. The bottom of the manhole shall be coved or benched. The bench shall be the same width as the diameter of the pipe and shall extend upward at least three-quarters the diameter of the pipe. 2. The manhole shall have a minimum inside diameter of four feet and be reinforced precast concrete only. 3. The base and walls of the manhole shall be monolithically constructed of reinforced precast concrete. 4. There shall be a coupling located within four feet of the manhole on both the inlet and outlet side. 5. If the manhole is more than Four feet in depth, rungs shall be provided every twelve inches. 6. The manhole shall be provided with a 24-inch diameter, locking, watertight and insect-proof cast-iron cover to grade, located so as to be over the rungs, if any are necessary. 7. For sewer lines connecting to community sewerage systems, the house connection shall not be piped directly to a system manhole. Consult the proper sewer authority, e.g. sewer district, for other design criteria. B. DISTRIBUTION BOXES Distribution Boxes. The following criteria apply to the design and construction of distribution boxes. Refer to Figure 7 for distribution box detail. I. The base and walls of the distribution box shall be monolithically constructed of approved reinforced concrete, fiberglass, or plastic and installed in accordance with the manufacturer's instructions in addition to these requirements. 2. All outlets from the distribution box shall be at the same level to insure the even distribution of flow. Page 1 I 3. To minimize frost action and reduce the possibility of movement once installed, distribution boxes must be set on a bed of sand or pea gravel at least 12 inches thick. 4. The drop between inlet and outlet inverts shall be at least two inches. A baffle is required at the inlet side of the box when the pitch of the pipe from the septic tank to the box exceeds one-half inch per foot. 5. The distribution box shall have a minimum inside diameter of four feet. 6. Distribution boxes with bottoms more than four feet in depth from finished grade are not permitted. 7. The distribution box shall be provided with atwenty-four (24) inch diameter, locking, watertight and insect-proof cast-iron cover to grade. 5-113 SEWER LINE REQUIREMENTS A. The following criteria apply to the design and construction of sewer lines for subsurface sewage disposal systems: 1. All sewer lines shall be a minimum of four inches in diameter. 2. There shall be a length of cast-iron sewer line extending through the foundation to a point a minimum of two feet beyond the foundation wall. 3. The sewer line from the building cast-iron pipe to the septic tank and to the leaching pool(s) shall meet or exceed commercial standazds class 2400 sewer pipe, or ASTM standards for plastic sewer pipe with a minimum SDR 35 rating. In the Town of Huntington, cast-iron pipe is required between the building foundation and septic tank inlet. 4. Slip-ring connectors of the proper type shall be used at the cast-iron joint. 5. The sewer line from the building to the septic tank shall have a minimum pitch of one- quarter inch per foot and aclean-out or manhole every fifty (50) feet. Refer to Figure 6. 6. The sewer line from the septic tank to the leaching pool(s) shal I have a minimum pitch of one- eighth inch per foot. 7. Sewer line trench(es) shall be firmly tamped. All backftll shall be firmly tamped by hand about the pipe. The pipe(s) shall be securely cemented at the point ofentry into the septic tank and leaching pool(s). 8. There shall be no bends in the sewer lines to the septic tank. If bends are unavoidable, then, for bends within the first ten feet from the house foundation, the sewer line shall be constructed ofcast-iron from the house foundation up to and including the bend. Long sweep elbows shall be used and bends shall not exceed forty-five (45) degrees as measured along the Page 12 axis of the starting pipe. For bends further than ten feet from the house foundation an approved manhole or clean-out shall be installed. For projects with a large number of bends consult the Department prior to installation. 9. All sewer lines shall be straight. When sections of pipes are used, they shall be of the same material and connected with couplings of the same material. The couplings shall be securely installed and watertight. Directional changes through the use of appurtenances may be permitted if absolutely necessary. 10. When using more than one typical leaching pool, all sewer lines from the disMbution box to the pools shall beset in the distribution box at the same elevation. 5-114 ALTERNATIVE SYSTEMS A. The treatment systems addressed thus far in these Standards are considered conventional or typical systems and maybe used on sites with adequate soil percolation and vertical/horizontal separation distances unless otherwise prohibited. Many sites are not suitable for such systems. The purpose of these Standazds is to assure proper treatment of sewage rather than to restrict use of land. In cases where conventional systems are not suitable, alternative designs ofsewage disposal systems maybe considered by the Department on a limited experimental basis or for replacement systems on difficult sites provided: 1. The system shall be designed by a licensed professional engineer. 2. It is clearly demonstrated that the proposed system is physically equivalent or better than the conventional systems, in respect to storage capacity, leaching area, land area utilization, grading, accessibility, maintainability, reparability, life expectancy, energy usage, effluent quality and reliability. 3. An engineering report determines that the proposed design is most suitable for the building site and that the proposed sanitary system will function properly without causing any health hazard and will minimize the impact on the sun•ounding environment. 4. The design professional supervises the installation of the system and certifies that the system was built in accordance with the approved plan and submits as-built plans of the system. B. Alternative systems, on an experimental basis, are inappropriate for realty developments or subdivisions and will not be approved for same. 5-115 OTHER SYSTEMS A. In the event it is determined that any of the following types of disposal systems are necessary, they will be considered by the Department provided a conventional subsurface sewage disposal system is provided, capable of meeting the requirements of these Standard and the following special conditions: Page 13 1. Holding tanks. Such tanks shall meet the same construction requirements as a septic tank, except that the holding tank shall not have an "outlet". Volume of the tank shall be determined by the Department. 2. Composters. These units shall be installed in accordance with the manufacturers instructions. The units shall have a label indicating compliance with the requirements of the National Sanitation Foundation (NSF) Standard 41 or equivalent. Only units with afive-year warranty or more shall be installed. 5-116 SEPARATION OF WATER AND SEWER LINES A. The following criteria shall apply to the installation of sewer lines in respect to water lines: I. PARALLEL INSTALLATION a. Water lines shall be laid at least ten feet horizontally from any sewer line. b. When local conditions prevent a horizontal separation often feet, a water line maybe laid closer to a sewer line provided that the bottom of the water line is at least eighteen (18) inches above the top of the sewer line. When this vertical separation cannot be obtained, the sewer line shall be constructed ofmaterials and joints that are equivalent to water main standards of construction and shall be pressure tested to assure water tightness prior to backfilling. 2. CROSSINGS a. The crossing of water and sewer lines should be avoided unless proven absolutely necessary. In such cases: 1) sewer lines shall be laid below the water line and provide a separation of at least eighteen inches between the bottom ofthe water line and the top ofthe sewer line; and 2) sewer line joints shall be at least ten feet from the point of crossing. b. When local conditions prevent placement of the water line above the sewer line, the following additional conditions apply: 1) a vertical separation of at least eighteen (18) inches shall be provided between the bottom of the sewer line and the top of the water line; and 2) water line joints shall be at least ten feet from the point of crossing; and 3) sewer lines shall be constructed ofmaterials and joints that aze equivalent to water main standards of construction for the entire length of the sewer line and shall be pressure tested to assure watertightness prior to backfilling. Page 14 _ _ _ _ 5-117 FINAL GRADING AND BACKFILLING A. FINAL INSPECTION At the time of completion, the system shall be left visible for inspection. Prior to inspection, the bottom of the pipe trench shall be backfilled with granulaz material and stabilized to provide a firm bedding. The property lines shall be "staked" in order to ascertain that the system is located on the properly in accordance with these Standards. B. BACKFILL & GRADING The completed system shall be backfilled and covered with suitable soil following approval to do so by the Department. The property shall be graded so as to minimize surface drainage into the system. A maximum five percent slope shall be maintained for a minimum of twenty (20) feet horizontally from the nearest edge of the leaching pool(s) before tapering off to prevent seepage of the leachate through the toe or edge of the slope. Steep grades further than twenty (20) feet from the leaching pools shall be stabilized pursuant to local codes. C. RETAINING WALLS 1. In cases where the maximum five percent slope cannot be maintained, the utilization of retaining walls, or other means, maybe approved. In such cases, the retaining walls, or other means, shall be designed by a licensed professional engineer or registered architect and be shown as part of a grading and plot plan. The plan shall be reviewed and approved by the Department prior to construction. 2. Retaining walls shall be designed in accordance with good engineering practice and applicable building codes. In addition, retaining walls cannot be closer than ten feet from the nearest part of the sewage disposal system. Retaining walls within twenty (20) feet of a leaching pool(s) shall be waterproof concrete. 5-118 SEWAGE EJECTOR SYSTEMS A. All systems should be designed to flow by gravity. Only when absolutely necessary should pumps be used. In such cases, the sewage ejector system shall be designed by a licensed professional engineer and plans must be reviewed and approved by the Deparhnent prior to construction. B. Minimum requirements shall include: 1. Dual pump system with easy access and removal; with a locking cast-iron cover to grade; 2. High-level alarm with interlock to annunciate upon startup of second pump; 3. Electronic control to alternate pump selected as lead pump; 4. Freeze protection; Page 15 5. Pump station located after outlet of septic tank; 6. Pump station and other related appurtenances located above the highest recorded groundwater table. 5-119 VARIANCES A. The Commissioner of the Department of Health Services, on written application, may grant a variance, in accordance with Section 760-220 of the Suffolk County Sanitary Code, from a specific provision of these Standards in a particular case, subject to appropriate conditions, where such variance is in harmony with the general purpose and intent of the Standards, and when such application for a variance has been considered by a Review Board appointed by the Commissioner. B. The Commissioner may impose more stringent requirements in a specific case when necessary to insure an adequate and satisfactory sewage and waste disposal system. 5-120 APPROVAL BY THE COMMISSIONER OF HEALTH SERVICES In accordance with 760-221 of the Suffolk County Sanitary Code, the foregoing are Standards for Sewaee Disposal Svstemsfor Sinele-Family Residences approved by the Suffolk County Commissioner of Health Services and include the required details for submission of plans and other information to the Suffolk County Department of Health Services to assure conformity to the approved Standards. These Standards are effective November 13. 1995. Revised 1/9/04 Page 16 TABLE 1 -MINIMUM SEPARATION DISTANCE TO SEWAGE DISPOSAL SYSTEMS FEE Building Wetls (I) From the Cellar Slab Prop. Lines Water Leach Stotm Public Private Surface Swim Pool Nearest Part of Lines 3 Pools Drains Waters 2 Se tic Tanks 10 5 5 10 8 20 175 75 75 20 Leachin Pools 10 10 5 10 8 20 200 100/I50 100 20 Leaching Pool 10 IO 5 ]0 8 20 200 No closer than existing 20 Addition NOTES: of or 100 1. Distances between leaching pools and wells aze based upon the depth ofthe well (s) involved or realty subdivision requirements. Refer to "Standards and Procedures for Private Water Systems". 2. Distances between leaching pools and wetlands aze subject to approval by the New York State Departrnent of Enviromnental Conservation prior to issuance of Suffolk County approval. ~ 3. If proven to be absolutely necessary, water lines maybe approved within 10 feet of a sewage disposal system, provided the water line is protected from ~ contamination or disturbance (e.g. Installation of line inside a lazger diameter line for protection). 4. Increased distance maybe required, based upon site conditions. TABLE 2 - MIMMUM SEPTIC TANK CAPACITIES Number of Bedrooms Minimum Tank Ca aci allons Minimum Li uid Surface Areas . ft. 1, 2, 3 or 4 1,000 27 _ 5 or 6 1,500 41 NOTES: Tank size requirements for more than six bedrooms shall be calculated by adding 250 gallons and seven squaze feet of surface azea for each additional bedroom. A gazbage grinder shall be equivalent to an additional bedroom for determining septic tank capacity. TABLE 3 -MINIMUM LEACHING SYSTEM DESIGN FOR A ONE TO FOUR BEDROOM RESIDENCE De th to Groundwater Minimum Leachin S stem 300 ft~ sidewall azea Over 17 feet 1 001; 12' dee , 8' dia. ors stems below 11 to 17 fee[ 2 Dols; 6' dee , 8' dia. ors stem below 9 to 11 feet 3 Dols; 4' dee , 8' dia. less than 9 feet Desi Alternative S stem NOTES: A distribution box is required for all multiple pool systems unless an alternative design is approved by the Department. For other designs involving lazger diameter pools of deep systems (sewer lines greater than 4 feet below grade) contact the Department. ro m oa o, TABLE 4 -MINIMUM LEACHING SYSTEM DESIGN FOR A FIVE TO SIX BEDROOM RESH)ENCE De th to Groundwater Minimum Leachin S stem 400 sidewall azea Over 21 feet 1 001; 16' dee , 8' dia ors stems below 13 to 21 feet 2 Dols; 8' dee , 8' dia. ors stems below 11 to 13 feet 3 Dols; 6' dee , 8' dia. ors stem below less than 11 feet Desi Alternative S stem NOTES: A distribution box is required for all multiple pool systems unless an alternative design is approved by the Department. For other designs involving more than six bedrooms, deep systems (sewer lines greater than 4 feet below grade) or larger diameter pools contact the Department. ' FIGURE 1 TYPICAL RECTANGULAR SEPTIC TANK r---i-~--------------------~ ~ i I I I I -r-r. I ~ I I ~ ~ I I ~ i I / \ I ~~+-I-' i I I I I ~---~~--------------------J L=2W to 4W FINISHED GRADE LOCKING CASTING TO GRADE IF DROP 7 ISLE USED ON INLET. 1' MIN - 2' MAX 4' 1MAX ~ HIHNEY _I_ LOCATE DROP 7 roP •rA 20' MIN 20' MIN ; UNDER ACCESS ~ OPENING FOR INLET L ~ • AWNIEWINCE. NIN. 4' DIA. APPROVED ~ 6. 12' 1(1' . PIPE PITCHED 1/4'PER FT. aJfLE7 i' PIPE PRCHEO~/Bp PER FT. 16' MIN, lg• BAFFLE ,!¢i L .1.•. rA t: . 'See Section 5-109 for Actual Design Details ' FIGURE 2 TYPICAL CYLINDRICAL 120 GALLON SEPTIC TANK WITH SLAB FlNISHED CFADE OCKINC CASTING TO CRADE IF DROP OTC ISLE USED ON INLET. 1' MIN - 2' MAX 4' MAX ~ HIYNEY LOCATE DROP T Tov , 20' MIN 20' MIN ' ~ 6' MIN OPENING CFOER S •••S MAINTENANCE. INLET -y 1 T .T MIN. 4' DIA 6• 10' CLASS 2400 OUTLET PIPE OR MIN. 4' DIA. EOUNALENi Y CLASS 2400 PRCHED MIN. 16'MIN. • PIPE OR L/4~/L~ ROW 16' EQUNALENT BAFFLE 4C 1 I PRCHED MIN. 1/B'/1' 4'-6' S 4' h 4' •1.~ t. I ~e'~ TYPICAL DETAILS OF CONSTRUCTION 1. A MINIMUM OF 4 INCHES APPROVED REINFORCED PRECAST CONCRETE BOTTOM AND 3 INCH WALLS. 2. AN 8 FEET IN DIAMETER BY 5 FEET HIGH APPROVED REINFORCED PRECAST CONCRETE SOLID RING. 3. AN APPROVED REINFORCED PRECAST CONCRETE 6 INCH THICK SLAB TOP IN LAWN AREAS. 4. DROP T's MUST BE PINNED OR OTHERWISE FIRMLY ATTACHED. 5• LIQUID DEPTH MUST BE 4 FEET. 6. FLOW BAFFLE OR DROP 'T' REQUIRED. ' FIGURE 3 TYPICAL CYLINDRICAL 1500 GALLON SEPTIC TANK WITH DOME FlNISHED GRADE LDCIDNG CASTING Tb GRADE 1' MIN„ 2' MAX. - 20' MIN, MAKE DROP T ACCESSIBLE MIN. 4' DIA. D7LET ' FOR MAINTENANCE. APPROVED u PIPE - ~ 6' Ou1LET MIN. 4' DIA PffCHEO APPROVED 1/4"/1' _ PIPE - FLOW 16MIN. ~ PffCHED BAFFLE I- li, 1/8/1' 5' L' a ti ~ ~ .....t, ' I-- e' TYPICAL DETAILS OF CONSTRUCTION 1. A MINIMUM OF FOUR INCHES CONCRETE. BOTTOM. 2. AN 8 FEET IN DIAMETER BY 6 FEET HIGH APPROVED REINFORCED PRECAST CONCRETE SOLID RING. 3. AN APPROVED REINFORCED PRECAST CONCRETE SOLID DOME OR SLAB MIN. 6" THICK. 4. THE OUTLET AND INLET PIPES MUST BE LOCATED WITHIN THE SOLID RING. 5. DROP T MUST BE PINNED OR OTHERWISE FIRMLY ATTACHED. 6. LIQUID DEPTH MUST BE 5 FEET. 7. FLOW BAFFLE OR DROP 'T' REQUIRED. FIGURE 4 TYPICAL LEACHING POOL FINISHED ~ ~ ~ GRADE 1' MIN., 2' MAX. CONCRETE COVER 4' MAX. CONCRETE CHIMNEY f-2o•-{ INLET MIN. 4' DIA. APPRDVED PIPE - PRCHED ~~8.~~. oo??? ® MAX. 25' y ~ J o //i ~ ~ ~ ~ ~ 12' ~ ~ ~ o ~ ~ ~ w ~ Y ~ ~ ~ ~ ~ ~ coLMi_ANR L EAC H I N G SECTIONS ~ i e'- 3' MIN. 6' MIN. PENETRATION _ INTO A VIRGIN STRATA ~ OF SAND AND GRAVEL HIGH SEASONAL GROUNDWATER BACK FILL MATERIAL TO BE CLEAN SAND AND GRAVEL ' FIGURE 5 THE THREE TYPICAL MINIMUM SEPTIC TANK AND LEACHING POOL SYSTEMS FOR A ONE TO FOUR BEDROOM RESIDENCE PRECAST 8~ DIA. L'1. L. P. 12' 12'-6' 1T MIN. S.T. 3'MIN. HIGH SEASONAL GROUNDWATER SEPTIC TANK AND ONE POOL PRECAST 8' DIA. L. P. L. P. ~6' D.B. 6' 6'-6' 11' MIN. MAX. 4' DEEP 3'MIN. HIGH SEASONAL S.T. GROUNDWATER SEPTIC TANK & TWO POOLS L. P. PRECAST 8' DIA. KEG'. S.T. =SEPTIC TANK ~e. ~ L.P. =LEACHING POOL D.B. =DISTRIBUTION BOX L.P. o.a. ~ L.P. T 9'MIN. MAX. 4' DEEP a' MIN. HIGH SEASONAL S.T GROUNDWATER SEPTIC TANK & THREE POOLS STOPPER OR SLATE OR OTHER STOPPER OR END PLUG - SUITABLE COVER END PLUG Si R• ~ L7 W W H ~ Q SEWER PIPE Q 45' ELBOWS 30' ELBOW 45' ELBOW 60' WYE ALTERNATE "A° ALTERNATE "B" CLEANOUT DETAIL FOR AREAS NOT SUBJECT TO VEHICULAR TRAFFIC IN ALL VIEWS, ALTERNATE "A" IS FOR BENDS, ALTERNATE "B" IS FOR USE WITH BLDG. EXTENSION/CONNECTION FIGURE 6 CLEANOUT DETAIL FIGURE 7 TYPICAL DISTRIBUTI?N BMX LACKING CASTING T~GRADE MIN, 4' 4' MAXIMUM 2' MIN, AB?VE OUTLET INVERT--- ~ 1 Z' MIN, ENDCAP TYPE LEVELING DEVICES INLET BAFFLE REQUIRED IF INLET PITCH EXCEEDS 1/2' PER FOOT ' FIGURE 8 ALTERNATE SEWAGE DISP?SAL SYSTEM F?R HIGH GROUNDWATER CONDITI?NS FOR ?NE T? THREE BEDR??M RESIDENCE, LOCKING CAST IRON COVER TO GRADE \j 2 ~ ~~r-= FIGRADE .~Q~ ;v"'~+ ' 7 4 a 0 0 0--- O ~ o ~ o z O O o 1 O 9 DETAILS OF CONSTRUCTION 1, USE t)NE C1) 1000 GALLON REINFORCED PRECAST CONCRETE SEPTIC TANK, 2. USE FIVE CS) 8 FT. DIAMETER, 2 FT. HIGH PRECAST CONCRETE LEACHING RINGS, 3. USE 4 INCH DIAMETER, APPROVED SEWER PIPE THROUGHOUT, 4, THE WASTELINE FROM THE SEPTIC TANK SHOULD ENTER THE MIDDLE RING AS HIGH AS POSSIBLE. 5, USE FOUR CROSS-OVER PIPES BETWEEN THE MIDDLE RING AND THE FOUR OUTSIDE RINGS, 8 INCHES ABOVE THE BOTTOM, 6. BACKFILL MATERIAL SHALL BE COARSE SAND AND GRAVEL. 7, SLABS SHALL BE BETWEEN 10' AND 14' BELOW GRADE. SOLID CONCRETE COVER SHALL BE BETWEEN 6' AND 12' BELOW GRADE, 9, BOTTOM OF POOL SHALL BE A MINIMUM OF 2 FEET ABOVE HIGH SEASONAL GROUNDWATER, FIGURE 9 ALTERNATIVE TO DISTRIBUTION BOX SEPTIC TANK 0® ~ ------I - 0 MAX. - 1 /2 EFFECTIVE ~ LEACHING DEPTH ® POOL ' 4" DIAMETER CROSSOVER LEACHING PIPE. POOL y yes. ~Iri1'~~ ~ ADDtNliUM, FIGUF,E li i"ERNATE SEWAGE DISPOSAL SYSJ"_E-M-F$R-~G~-° .r~UUNDWATER CONDITIONS FUR ~ FOUR BEDROGM RESIDENCE, LOCKING CASs IRON COVER iD GRADE 2 11 \ ~ FINISHED GRADE T_ '~Qfs,= 0a r ~ 1~~ 4 ~ o 0 3 SO L~ O r--p 2 0 O I-` o .i 9 DETAILS OF CONSTRUCTION 1. USE ENE <1) 1,200 GALLON REINFORCED PRECAST CONCRETE SEPTIC TANK. USE SIX (6) 8 FT. DIAMETER, 2 FT. HIGH PRECAST CONCRETE LEACHING RINGS. 3. USE 4 INCH DIAMETER, APPROVED SEWER PIPE THROUGHOUT. 3. THE WASTE LINES FROM THE SEPTIC TANK SHOULD ENTER THE MIDDLE RINGS AS HIGH AS POSSIBLE. i. USE A CROSS-OVER PIPE BETWEEN THE MIDDLE RINGS AND THE FOUR ?UTSIDE RINGS, H INCHES ABOVE THE BOTTOM. BACKFILL MATERIAL SHALL BE COARSE SAND AND GRAVEL. '_ABS SHALL BE BETWEEN 10' AND 14' BELOW GRADE. SOLID CONCRETE COVER SHALL BE BETWEEN 6' AND 12' BELOW GRADE, BOTTOM ?F POOL SHALL BE A MINIMUM ?F 2 FEET ABOVE HIGH SEASONAL GROUNDWATER, SHOW AREA FOR 50% EXPANSION OF THE LEACHING POOLS WHICH MtjXIMIZES SIDEWALL AREA. MAXIMIZE 7HE DISTANCE BETWEEN THE FOUR (OUTER) SATELLITE POOLS. n7iuai was 1b: 04 6318525755 WASTEWATER MGNT PAGE 01 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY 1cXECUTIVtE DEPARTMENT OF 11EAI.TN SERVICEg HUMAYUN d Ct1A11DNRY, D,O., M.S Camrrdsebryr F"x•..~1 ~t:t: TO: L FROM: ~ C- baTE: 9- 03 SUBJECT: 2. Ei~Yil~r~ ~~GU12E PAGES: InCludl M this ~ ff this is not In ~ P call 1-852.37pp, CONADENTIALRT NOiIC!?• Thki hx tnnnntabn N InNnded only for the uea of fhe ~ nwey nonnw~ 1o aye .eoaer whit, h proaead eypr~,~py°~'~i~ ~ i m. muase ~ hdermallon h ~Y P~Med. M~rou neaiwdfhb 1rhalon k1 ertor, ~Y eN M~ a~ iM iardetlte Of aria end dahh the orlybd ~edNN1I by PAN DMS~ON OF ENVI Offroe oT We~?gr ~ , ~ Y OP~MENTAL pUALITY aphank Aveniy, gam 2C, YaPhank NY 11D80 p~ (831) 852-b700 Fax (831)06226765 _ ~~ioocor~~ WAbItWAltk MGNT PAGE 02 A17DENDUhi, r iGiJF,~ 11 SEWAGE DISPOSAL SYSTEM Fpk ; IIGH GROUNDWATER Cf~NDITIONS FpR UP TO A FOUR BEDR170M RESIDENCE LOCKING CAST IRON COVER TG GRADE ~ ~ ~ T J" 3' 1IMIN. ~J/ 4 ® ~ ~L 4 A7 \J ~ " LOCKING CAST IRON ~ IV COVERS TO GRADE "1 ~ ~ 'MIN, 1. BOTTOM pF PdOL SHALLDBEAgLMIN MUM OFT 3• ggOVE HIGH SEASON SHOW AREA FUR 50 % EXPANSION DF THE LEACHING ppDlS, AL GROUNDWATER. USE ©NE CI) 1,000 GALLON REINFORCED PRECAST CONCRETE SEPTIC TANK, . USE FIVECS) 8 FT. DIAMETER, 3 FT, HIGH PRECAST CONCRETE LEACHING RINGS pR FgURC4) 8 FT, DIAMETER, 3 Ft, HIGH PRECAST CONCRETE LEACHING RINGS, SPACED 8' APART USE 4 INCH DIAMETER, APPROVED SEWER PIPE THROUGHOUT, THE WASTELINE FROM THE SEPTIC TANK SHOULD ENTER THE DISTRIBUTION PDDL AS HIGH AS pO$SIBLE. CROSS-DYER PIPES ARE T? BE STRAIGHT 4' ARdP 'T'S ANA MUST BE LEVEL, I 1/Z' ABOVE THE BOTTOM OF THE R EACH NGT ROINGS, ~AGKFILL MATERIAL SHALL BE coARSE sANn AND GRAVEL. SLABS SHALL BE 12' MINIMUM BELOW GRADE. SOLID CONCRETE COVER SHALL Bi; BETWErN grvn ~ MARTIN D: FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY O~ OF SQU~,OI Supervisor martin.finnegan(artownsouthold.ny.us ~ y JENNIFER ANDALORO ~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY ~ ~ P.O. Box 1179 Jennifer.andaloro(d~townsouthold.ny.us Southold, New York 11971-0959 • ~O LORI M. HULSE ~ Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY CDU~,~ Facsimile (631) 765-6639 Lori. hulseCa-town. Southold. ny. us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Members of the Board of Trustees From: Jennifer Andaloro, Assistant Town Attorney Date: August 31, 2010 Subject: Bombara Coastal Erosion Management Appeal Public Hearing: September 7, 2010 at 9:00 a.m. Enclosed please find a copy of En-Consultants, Inc.'s report, prepared by Robert E. Herrmann, in connection with the referenced matter for your information. JA/Ik cc: Lori M. Hulse, Assistant Town Attorney (w/encl.) ; 1319 North Sea Road Southampton, New York 11968 M 631-283-6360 EN-CONSULTANTS, INC. wwwenconsultants61om ENVIRONMENTAL CONSULTING August 25, 2010 AUG 3 C 2010 Scott Russell, Supervisor Town Board, Town of Southold P.O. Box 1179 Southold, NY 11971 Re: "Aooeal of the Denial of Coastal Erosion Management Permit of R G. Bombarai1725 North Sea Drive. Southold" Dear Supervisor Russell: As requested, I have reviewed the most recently submitted version of the Coastal Erosion Application by Peter Danowski, Esq., and the accompanying site plan for the development of the captioned pazcel, prepared by Young & Young, last dated November 25, 2009. Based on my review of these materials, I offer the following assessment. Back rg ound After an application for a Coastal Erosion Management Permit was denied by the Board of Trustees and brought on appeal to the Town Board, I was asked by the Town Board in April 2009 to offer my professional opinion regazding whether and to what extent the Bombaza site could be developed in a manner consistent with the standards for permit issuance set forth in Section 111-9 and/or Section I11-20 of the Town Code, i.e, the standards for issuance of a Coastal Erosion Management Permit and/or variance for activities conducted within the boundary of the Coastal Erosion Hazard Area Map issued by the New York State Department of Environmental Conservation . Requirement for Coastal Erosion Management Permit in a Coastal Erosion Hazard Area In a letter to the Town Board dated 12 November 2008 and its accompanying documents (hereinafter referred to as "the applicant's appeal"), the applicant argues fast that a Coastal Erosion Management Permit should not have been required for the proposed development due to the location of the proposed construction activities more than 100 feet from the "beach," which is a "natural protective feature" regulated by Chapter 111. Notwithstanding the fact that the property also contains a "primary dune" as defined and discussed below, the property is located entirely seaward of the Coastal Erosion Hazard Area boundary line shown on the New York State "Coastal Erosion Hazard Area Map," which delineates the boundaries of "erosion hazard areas" subject to regulation under Chapter 111 of the Town Code. Because Chapter 111 requires issuance of a Coastal Erosion Management Permit for all "regulated activities" proposed to occur with an erosion hazard area and new construction is a regulated activity, a Coastal Erosion Management Permit would be properly required for the proposed activities. To determine whether a Coastal Erosion Management Permit should be issued for a given project, the proposed activities must be assessed pursuant to the standards for permit issuance set forth in §111-9, which requires the identification of what type of erosion hazard area the activities would occur within. An "erosion hazard area" is defined as an azea of the coastline that is a "structural hazard area," i.e, shorelands located landward of natural protective features where the shoreline has along-term average recession rate of one foot or more per year, or a "natural protective feature area," i.e., an area containing "natural protective features," including a "nearshore area, beach, bluff, primary dune, secondary dune or marsh and their vegetation." The Bombara site is not located in a structural hazard area, evidence of which is presented in the technical reports submitted with the applicant's appeal, but it is located in a natural protective feature area. Identification of the most landward natural protective feature Therefore, as I articulated in a letter to the Town Board dated 20 April 2009, it was necessary to identify and locate on the site plan the property's most landwazd natural protective feature and its landward limit before it could be reasonably determined whether and how regulated activities might be conducted on the Bombara site pursuant to the standards for permit issuance set forth in §111-9 and/or §111-20. Technical reports submitted with the applicant's appeal refer to the presence of "beach ridges" or "sand ridges" on the Bombara site, which were readily observable during my inspection of the site. Although none of the prior site plans identified a "primary dune" on the property, a dune is defined by § 111-6 as a "ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand." In turn, a "primary dune," a defined natural protective feature, is defined as "the most waterward major dune where there are two or more parallel dunes" or the dune `where there is only one dune present." Therefore, the beach ridge identified by the applicant's experts would meet the defmition of a primary dune under Chapter I I 1 and therefore of a "natural protective feature." I thus met at the site in October 2009 with Aram Terchanian, one of the applicant's experts, to identify and delineate what we agreed was the geomorphic toe or landward limit of the most landward beach ridge on the property. As reflected on the site plan, this geographic feature correlates roughly with the 7.5-foot elevation contour. By definition, the landward regulatory limit of the primary dune occurs 25 feet landwazd of the landward toe of the beach ridge. Therefore, while the geomorphic tce of the beach ridge is situated at a slight angle to the road and ranges in distance to the road from 69 to 79 feet, the regulatory landward limit of the primary dune is situated a distance of 44 to 54 feet from the road. Because new construction is prohibited within a primary dune pursuant to §111-13(A), the previously proposed development scheme that would have situated structures through the primary dune could not have met the standards for permit jssuance set forth by § 11 I-9, as was ultimately determined by the Boazd of Trustees. Appeal to the Town Board When it can be demonstrated that strict application of the standards and restrictions of § 111-9 may cause practical difficulty or unnecessary hardship to an applicant, such standards and restrictions may be varied or modified, provided that the following criteria are met pursuant to § 111-20: A. No reasonable, prudent, alternative site is available. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. C. The development will be reasonably safe from flood and erosion damage. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. E. Where public funds aze utilized, the public benefits must clearly outweigh the long-term adverse effects. Because the 44 to 54-foot wide area between the road and the regulatory limit of the primary dune is an arguably insufficient area for placement of even a minimally sized dwelling a reasonable distance from the road, it is 2 reasonable to conclude that strict application of the standards and restrictions of Chapter 111 has created a practical difficulty and/or unnecessary hardship for the applicant, which provides grounds for appeal under Chapter I11. However, none of the previously submitted site plans could have met the above standards for variance issuance because the location of the most landwazd natural protective feature was omitted from those plans and a significant portion of that feature would have been displaced in each alternate plan. I therefore suggested in my November 2009 letter that the applicant consider submitting a site plan that would take into consideration the location of the vegetated beach ridge, i.e., one that could be more reasonably reviewed against the variance standards. As it is my understanding that the site plan last dated 25 November 2009, entitled "Alternate 6," represents that effort, the following section reviews and assesses this latest plan pursuant to the variance standards set forth in §I11-20 with the assumption that this plan replaces all previously submitted alternatives. Assessment of "Alternate 6" uursuant to & 111-20 (A) No reasonable, prudent, alternative site is available. The applicant's appeal states that no reasonable, prudent, alternative site is available because the applicant owns no other property in the township. Although this may be the case, this standard may also require the consideration of a reasonable prudent, alternative site for the development on this property. If it is to be developed, the reasonable and prudent site for structures on this property would be entirely landward of and as far behind the identified geologic beach ridge as possible because the beach ridge, which was described by Mr. Terehunian as "typically very stable" and "dominated by mature vegetation," provides whatever natural protection a dwelling can be afforded on this site. Although in contrast to the previously submitted site plans, "Alternate 6" does propose to locate the finished structures predominantly behind the now depicted "landward toe of the most landward beach ridge," the structures would be located physically adjacent to the beach ridge and the cantilevered deck extended directly over it. Thus, if the integrity of the beach ridge were compromised or undermined either during or after construction as discussed below, a reasonable, prudent alternative site for the structures would remain available on the property some distance farther landward of the beach ridge. (B) Al( responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. The applicant's appeal suggests that as mitigation for potential adverse impacts on natural systems and their functions and values, the proposed structures would be located on a piling foundation. Use of a piling foundation, however, which is in fact required by the current FEMA designation at this site, has more to do with making the proposed structures safer from potential flood and erosion damage than with preventing or mitigating impacts on natural systems. The most recently submitted application omits discussion of the nature and extent of the environmental impacts within the Coastal Erosion Hazard Area that may be reasonably anticipated as a result of the proposed development, as required on the "Coastal Erosion Application Data" form. Such reasonably anticipated impacts would include but not necessarily be limited to 1) the potential for causing increased erosion at the site and adjacent locations; 2) potential impacts on natural protective features and their functions and values; and 3) potential impacts on natural resources, as discussed below. Because the beach ridge is the most landward natural protective feature and provides the primary natural protection against flooding and erosion, the potential of the proposed development to cause adverse impacts on natural protective features or increase erosion at the subject or adjacent sites correlates with the potential for the beach ridge to be degraded by the development. Therefore, the most significant need for mitigation is that required to physically protect and preserve the beach ridge by preventing its physical displacement or degradation both during and after construction. The location and scope of the proposed 3 stmctures depicted in "Alternate 6," however, create the potential for both forms of degradation. Specifically, although there is a "limit of clearing, grading, and ground disturbance" depicted along the landwazd toe of the beach ridge, there is no physical ban•ier such as aproject-limiting fence proposed to ensure compliance with this proposed limitation during constmction. Even if one were depicted along the tce of the beach ridge, a fence could not be maintained at that location during constructon of the current proposal because the swimming pool, deck, and southwest portion of the dwelling are proposed physically adjacent to and/or over the beach ridge, and the excavation for and installation of those structures and their foundations would necessitate workers, equipment, and machinery accessing their seaward side during construction. The purported clearing would thus be inevitably breached and the beach ridge disturbed. The plan also creates the potential for the degradation of the beach ridge after construction through loss of vegetation that could result from direct shading by the cantilevered deck that would extend directly over the beach ridge. Therefore, one reasonable means of avoiding these potential adverse impacts would be to downsize and/or to relocate the stmctures to an alternate site located farther away from the beach ridge, as mentioned in the section above. Potential impacts on natural resources would include but not necessarily be limited to the permanent removal of certain areas of natural vegetation; increase in runoff due to displacement of pervious sand soils with structures and impervious surfaces; and the potential for introduction of fertilizers and other contaminants. Although the applicant's appeal includes an offer to revegetate "outside the construction activity envelope," it is critical to the protection of the beach ridge that that no clearing occur outside that envelope. As no other means of mitigation appear to be offered in the applicant's appeal, all reasonable means and measures designed to mitigate adverse impacts have not been incorporated into the activity's design. (C) The development will be reasonably safe from flood and erosion damage. The applicant's appeal relies primarily upon technical reports that document the relative stability of the adjacent shoreline for the past 40 years. However, a period of stability along a given shoreline does not necessarily portend that the shoreline will continue to remain stable, and regardless of its historical trends, any shoreline fronting Long Island Sound is potentially susceptible to flood and erosion damage during significant storm events. Thus, the proposed development can be made as reasonably safe from flood and erosion damage as a development situated adjacent to Long Island Sound can be made by constructing it on a piling foundation (as is required and proposed) and by placing it as far from Long Island Sound and as far behind and away from the most landward natural protective feature as is reasonably practicable. Because the beach ridge provides whatever natural protection a dwelling can be afforded on this site, preventing degradation of this feature plays a role in the safety of any development located behind it. As described above and below, however, "Alternate 6" proposes stmctures located physically adjacent to and over the beach ridge, thus creating the potential for the degradation of the feature and an undermining of its ability to provide natural protection for the development against flooding and erosion. And so again, a downsizing and/or relocation of the stmctures farther from. the beach ridge would better satisfy this standard for variance issuance. (D) The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. The applicant's appeal states that stmctures proposed on one site plan were relocated and reduced in size compared to those depicted on a previous plan but does not address specifically whether or how the minimum variance relief necessary to overcome the applicant's hardship is being requested. "Altemate 6" proposes structures located physically adjacent to the beach ridge due at least in part to a stated desire to maintain the 40-foot front yazd setback required by Chapter 280. However, as alluded to in all of the above sections, the development could be shifted farther landward of the beach ridge and without encroaching on the 40-foot front-yazd setback by way of further 4 downsizing and/or reconfiguration of the proposed structures. Specifically, the 1,696 squaze-foot footprint of the proposed two-story dwelling is nearly twice the 850 squaze-foot minimum required by Chapter 280, and a swimming pool and deck are proposed on the seaward side of the dwelling. Moreover, given the need to balance both zoning and environmental restrictions, placing the dwelling closer to the road should not necessarily be dismissed out of hand. Because the development could be shifted farther from the beach ridge by relocating structures closer to the road and/or by reducing the scope of the structures, the development proposed by "Alternate 6" arguably necessitates more than the minimum relief necessary to overcome the hazdship that is the basis of the appeal. (E) Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. As the project will be privately funded, this standard is not applicable. Summary and Findings Due to the location of the defimed primary dune, strict application of the standards for permit issuance set forth by § 1 I 1-9 limits the potential for residential use of the subject property to such a degree that review of an appeal of the application for a Coastal Erosion Management Permit pursuant to Chapter 111, Article N, is warranted. Due to the limited area of the property that is located between the defimed landward limit of the primary dune (i.e., more than 25 feet landward of the identified beach ridge) and the road, it cannot be reasonably expected that the property could be developed entirely outside there to limits of the primary dune. But at a minimum and for all the reasons described in the sections above, any development should be limited in scope and situated so as to avoid all physical encroachment on and disturbance to the geomorohic limits of the beach ridge, both during construction and afterwards, such that the physical displacement and/or degradation of the beach ridge is avoided and its naturally protective functions and values are retained and preserved. To the contrary, "Alternate 6" proposes to locate structures physically adjacent to and over the landward tce of the beach ridge, which creates the potential for the disturbance, displacement and degradation of the beach ridge both during and after construction. Because relocating and/or downsizing the proposed structures and incorporating additional mitigation measures could allow for such degradation to be avoided, the development proposed by "Alternate 6" fails to meet all of the standards for variance issuance set forth by § 111-20. Potential AlternativeslModifications to "Alternate 6" A relocation of the identical development plan closer to the road might create the room necessary to implement the identical site plan without traversing the limit of cleazing, gading, and ground disturbance on the landward side of the beach ridge and therefore without physically degrading the beach ridge during construction. The canfilevered deck could also be situated entirely landward of the beach ridge, which would eliminate the potential for post-construction degradation of the beach ridge due to direct shading. Such relocation could result in the complete elimination of structures located adjacent to and/or seaward of the landwazd tce of the beach ridge as well as a decrease in the area of structures being placed within the defined regulatory limit of this natural protective feature. The minimum extent of any such relocation would be a function of how much space is realistically required for construction access on the seaward side of the proposed structures such that the piling foundation and structures could be installed without breaching the proposed limit of clearing, grading, and ground disturbance. To ensure protection of the beach ridge and areas seaward thereof, enough space would need to be allowed for installation of a physical barrier along the proposed clearing limit that could be maintained throughout the entire construction process. Common construction practice suggests that an azea approximately 8 to 10 feet wide on the seaward side of the structures would be the minimum space necessary, but the Town Board may wish to require submission of 5 certified plans and construction methodology by the project engineer to guarantee the feasibility of whatever separation distance is ultimately proposed. Although such relocation would require some relief from the required front yazd setback and the burden of justifying that relief would remain on the applicant, it appears from aerial imagery and ground observation that other structures along this developed shoreline are similazly located. Both the extent of any zoning relief necessary and the setback from the natural protective feature could be optimized by also downsizing the scope of the relocated structures. It is worth noting that if the location of the septic system were identified as a limiting factor in relocating the piling foundation closer to the road even after a reasonable downsizing of the dwelling, the currently proposed system is a high groundwater or "altemative system" designed for afour-bedroom house, which requires more space than does a system designed for athree-bedroom house. Thus, while there is currently room to move even the four-bedroom system mazginally closer to the road, there would be additional room available to locate athree-bedroom system. Potential impacts on natural resources could also be mitigated. For example, the potential increase in runoff due to displacement of pervious sand soils with structures and impervious surfaces could be mitigated through the installation of a drainage system of leaders, gutters, and drywells designed to capture and recharge roof runoff. The removal of natural vegetation and wildlife habitat and the potential introduction of fertilizers, pesticides, and other contaminants used on lawn or landscape vegetation could be mitigated or prevented by a) requiring that the undisturbed portion of the site be permanently maintained as a nondisturbance buffer; b) requiring that all cleared areas not built upon be restored with native, nonfertilizer-dependent vegetation and maintained as a landscape buffer; and c) prohibiting the use of such chemicals on the site. Site Plan Requirements If the Town Board and applicant elect to consider an alternative design as described above, the following issues should also be addressed on the revised site plan: 1. Identify Coastal Erosion Hazard Area boundary; 2. Depict 25' landward offset of delineated "landward toe of the most landward beach ridge," i.e., the regulatory landward limit of the most landward natural protective feature; 3. Verify or update FEMA boundaries pursuant to recent changes to flood zone designations and convert topographical data to 1988 NAVD; 4. Depict aproject-limiting fence and staked haybales along the proposed limit of clearing, grading, and ground disturbance to be erected prior to commencement of construction and maintained until completion; Should you have any questions or wish to discuss the above further, please let me know. Since ly, Ro .Herrmann Coastal Management Specialist cc: Martin D. Finnegan, Town Attorney Elizabeth A. Neville, Town Clerk 6 ' ROBERT E. HERRMANN CURRICULUM VITAE EN-CONSULTANTS, INC. 1319 North Sea Road (Environmental Consulting) Southampton, NY 11968 Phone: 631-283-6360 TERRASSESSMENTS, INC. Fax: 631-283-6136 (Phase I Environmental Inspections) Email: rherrmann@enconaultanta.com EDUCATION Duke University, Nicholas School of the Environment, Durham, NC Master of Environmental Management, May 1997 Concentration: Coastal environmental management, specializing in wetlands and developed shorelines. Relevant courses in wetland delineation; wetland ecology and management; wetland hydrology; biogeochemistry; ocean and coastal law; beach and coastal processes; applied ecology and ecosystem management; corporate environmental management; resource economics; GIS-guided conservation management. Master's Project: The effects of shoreline hardening on Long Island, NY. Brown University, Providence, RI Bachelor of Arta, Biology, June 1993 Relevant courses in marine biology; field biology; plant biology; evolutionary biology; invertebrate zoology; ornithology; oceanography; applied ecology; behavioral ecology. PROFESSIONAL Coastal Management Specialist, En-Consultants, Incorporated, Southampton, NY EXPERIENCE Provides environmental consulting services specializing in coastal environmental planning and permit acquisition for all counties of Long Island, NY. Services include wetland delineation; development of management plena for erosion control and beach, bluff, and wetlands restoration or enhancement; on-site inspections and evaluations to determine inhabitant flora and fauna, significant environmental attributes, and appropriate methods of development or restoration; design of vegetative restoration plane; preparation of environmental permit applications to Village, Town, County, State, and Federal agencies. 1993 - 1995; 1997 -Present Environmental Analyst, Town of Southampton, Southampton, NY Performed detailed study of the effects of shore hardening structures on the quality of Long Island public ocean beaches. Conducted dry beach measurements and examined Bite-specific historical data such as aerial photographs and survey maps to determine current conditions and geomorphic evolution of over 47 miles of ocean shoreline. Presented findings to the Southampton Town Board. Summer 1996 OTHER Research Assistant, Duke Wetland Center, Duke University EXPERIENCE Sorted benthic macrofauna and dried marsh soile ae part of a NOAA-funded study of the functional evolution of restored salt marshes in North Carolina. Fall 1995 Researcher, School for Field Studies Center for Marine Resource Studies, South Caicos, T.C.I., British West Indies Utilized SCUBA to survey and map fish biodiveraity at a 3000 mz coral patch reef. Submitted map and report to the island's government in effort to persuade officials to incorporate reef into the South Caicos National Parka System. Summer 1993 CERTIFICATIONS Certified Wetland Delineator Certified by Rutgers, The State University of New Jersey, in the methodology of delineating wetlands, including the identification of wetland vegetation and hydric soils. Certified Environmental Inspector Certified by the Environmental Assessment Association (CEI No. 14365) to conduct Phase I Environmental Assessments prior to sale, purchase, or refinancing of residential and commercial real estate in Long Island, NY. MARTIN D. FINNEGAN ~ SCOTT A. RUSSELL TOWN ATTORNEY O~ OF SOUlOI Supervisor martin.finnegan@townsouthold.ny.us ~ y JENNIFER ANDALORO yy~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY ~ P.O. Box 1179 jennifer.andaloroC9itownsouthold.ny.us oe Southold, New York 11971-0959 G • LORI M. HULSE 0~ ~ Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY CDU~,~ Facsimile (631) 765-6639 Lori. hulse~a~ town. Southold. ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD ~ ~ ~ ~~:0 To: Trustees SEP - 3 2010 ' l____ L ` From: Jennifer Andoloro Southhoid Town ___...Bozrd of TnBtees ._.._o Date: August 16, 2010 ~ Re: Bombara Coastal Erosion Hazard Area Permit Appeal Attached please find a revised application on the above referenced matter for your review and comment. The Town Board will consider the revised application at a public hearing on September 7, 2010. Please provide the Board's written comment, if any, prior to that time. Thanks Jennifer cc: Betty Neville Lori Hulse LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 f FAX (631) 727-7451 4 ~ S E-mail: pdanowski~danowskilaw.com 11 JOHN P. TAGGART. ESQ. jtaggart@danowskilaw.com SEP . 3 2Gjo T, ~ ~~F; _ SouthholJ Towo , Bo- a_rd o/ Tiusteeg July 15, 2010 Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn• Jennifer Andaloro Dept Town Attorney Re: Robert G Bombara - Coa tal Erosion Hazard Area P rmit Dear Ms. Andaloro: After discussions with the office of the Town Attorney, l enclose an application which I am enclosing to each of the members of the Town Board, as well as to each of the members of the Board of Town Trustees. I have also provided a copy to the Town Clerk, the Clerk of the Town Trustees and the Deputy Town Attorney. This application asks the Town to consider approval of all necessary permits for "Alternate 6". This two-page plan provides no physical intrusion in the area North of the line establishing the landward toe of the most landward beach ridge. The plan also indicates a limit of clearing, grading and ground disturbance. The residential foot print is 1,696 square feet. The house decking and proposed pool is to be constructed on poles. No disturbance of the sand occurs North of the line. A portion of the deck is cantilevered, but no intrusion is made into the soil in the area North of the line. All construction is depicted within a building envelope limited by the Towri s zoning code set backs. An attempt has been made to provide a plan that requires no variances from the Zoning Board of Appeals. The proposed small swimming pool is to the rear of the residence, within the deck area. 1 would expect that the Town would not endorse any plan that would require a variance from the Zoning Board of Appeals. 1 would ask that you advise me of a date and time for meeting with the Town Board so that I can verify my client's availability: Also, it may be helpful if my design professionals prepare a board presentation for ease of review. Town of Southold Page 2 July 15, 2010 I also point out that New York State DEC has issued a tidal wetland permit for an earlier plan that was closer to the Long Island Sound. All prior correspondence or testimony offered by the applicant is incorporated by reference. As has been noted in prior testimony, there is an absence of erosion in the building areas proposed in all of the alternate plans proposed by the applicant. The building area is also distanced more than 100 feet from the Long Island Sound. Very truly yours, PETERS. DANOWSKI, JR. PSD:gsg HAND DELIVERED cc: Robert Bombara Young & Young,Surveyors " Albert J. Krupski, President 1 ~~QF SO(/Ty James King, Vice-President O ~ ~ Town Hall Artie Foster l~ 63095 Route 25 Ken Poliwoda T ~ P•0• Box 1179 Peggy A. Dickerson G ~ Southold, New York 11971-0959 ~ ' Telephone (631)765-1892 Ol'fCQ(~ Fax (631) 765-6641 BOAR.D~ O O OUTHOLDTEES ~ ~ ~ ~~U ~ ~ ' Office Use Only ~ SEP - 3 2~'~l7 ~ L.~~~ X Coastal Erosion Permit Application _ Wetland Permit Application _ Administrative Permit Southhold Tcwn Amendment/Transfer/Bxtension Beard of iru;tees Received Application: _Received Fee:$ -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 Detem~ination: -Technical Review: -Public Hearing Held: -Resolution: Name of Applicant Robert G. Botnbara Address 98-16 163rd Avenue, Howard Beach, New York 11414 Phone Number:( ) 718-845-4283 Suffolk County Tax Map Number: 1000 - 5`x-19 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 Phone: 631-727-2303 1 . ` Board of Trustees Application GI?N);RAL DATA Land At'ea (its squat'e feel): 24,879 aq ft or 0.6 acre Area Zoning: R-40 Previous use of property: Vacant Intended use of property: Single Family Residence Covenants attd Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zouing Board of Appeals Yes X No If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date NYS DEC Tidal Wetlands Alternate plan Alternate "6" X No prior permits/approvals fodsite improvements. Has atry petmiUapproval ever been revoked a' suspended by a govenunental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary); Construct one single family residence and garages pool and associated water supply and sewage disposal facilities. . ~.4 il.; '..r ~rt ~ ' .COASTAL );ROSION APPLICATION DATA Purposes ofproposed activity: To construct one (1) niggle family residence, garage and pool. .Ara 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? 200 - (cubic yards) How much material will be filled? 200 ~ - (cubic yards) ' Manner in wluch material will be removed or deposited: A backhoe will be used to excavate for construction of the house, garage and pool and also used to grade the conatt-[action site. ' Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Usa attachments if necessary) The proposed operations will hot have an effect on the tidal waters. Board of Trustees Application , W>JTLAND/TRUST)J); LANDS APPLICATION DATA , Purpose of Ute proposed operations: To construct one (1) single family reaidence~ garage and pool. Area of wetlands on lot: 0 square feet Percent coverage of lot: 6.8 Closest distance between nearest existing structure attd upland edge of wetlands: N•A• feet' Closest dista~ice between nearest proposed sUructure and upland edge of wetlands: 160 .feet Does the project involve excavation or filling? No R Yes If yes, bow much material will be excavated? 200+/- cubic yards 1-low much material will be filled? 200 . cubic yards Depth of which material will be removed or deposited: 6 feet 28 Proposed slope throughout the area of operations: Maiwer in which material will be removed or deposited: a ha~kn~p t t t,p ' used to excavate for construction of the houses 4arage and pool and also used to grade the construction site. Statement of the effect, ifany, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments iPappropriate): The proposed operations will not have an effect on the tidal waters ~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES. TOWN OF SOUTHOLD Irt the matter of applicant: Robert G. Bombara SCTM# 1000-54-4-19 YOU ARE HEREBY GNEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Boazd 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 BuicLding 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 and Margaret M. Bombara MAILING ADDRESS: - venue Howard Beach, New Yolk 1 14 PHONE (718) - 845-4283 Enc: Copy of sketch or plan shgwing proposal for your convenience. p,, PROJECT ID NUMBER 617.20 SEAR ; ApPENDiX C STATE ENVIRONMENTAL OUALII i REVIEW ~ - SHORT'ENVIRONMENTAL ASSESSMENT FORM .for UNLISTED ACTIONS Only PART 1 • PROJECT INFORMATION (To be completed by pllcanl or P~oJecl Sponsor) 1, APPLICANT/SPONSOR 2. PROJECT NAME Robert G. Barbara Robert G. Bombers 3.PROJECT LOCATION: ~ ~ - _ Munlclpallry Southoldr T/O Southold Coanty Suffolk 4, PRECISE LOCATION: Street Addess end Road Inlersec6one. Prominenl kandme[ke .etc -or provide rtieD , Refer to .Building Permit Survey' S. IS PROPOSED ACTION: ®New ~Expanslon 1-1ModIUcaUon/allere6on 6. DESCRIBE PROJECT BRIEFLY: I--1 Construct one (1) single family reaidencer garager and pool. , Alternate No. 6 7. AMOUNT OF LAND AFFECTED: IolUally 0.6 acres Ultimately 0.6 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? QX Yes ? No If no, describe bde0y: B. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose ea many es apply.) Resldenllal ~ Induslrlal O Commercial ?Agrlwllure ~ perk! Forest /Open Space ~ Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, stale or Locaq NYSDIx -Tidal Wetlands Yes ~ No If yes, iisl agency name and pemtit approval: SCDBS -Water Supply . & Sewage Disposal 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ®NO II yes, Ilst a0ency name end permll / approval: Except tidal wetlands permit for Alternate Plan. 111--2.--LLA""S A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? IJres No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / sponeq• Na e Robert G. Bombers Dale: Signature If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with thla assessment i. i, i. , si!„ Board of Trustees Application Q~Y7 County oP kx Stale of New Yotk , Robert G. Bombara BEING DULY SWORN bEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCR1BEb PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF I-HS/HER KNOWLEbGE AND BELIEF, AND THAT ALL WORK WILL BE BONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLb TOWN BOARD OF TRUSTEES. THE APPLICANT .AGREES TO HOLD THE TOWN OP SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL bAMAGES AND CLAIMS ARISING UNbER OR BY VIRTUE OF SAIb PERMIT(S),1F GItANTEb. 1N COMPLETING THIS APPLICAT1ON;1 HEREBY AUTHORIZE TH13 TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH RE~VIE1W/OsF~THIS APPLICATION. Signature SWORN TO BEFORE ME TH1S~bAY OF ti ,20L_ Mw ~NMY aMw~M(Q olary Public ~ , Board of Trustees Application AUTHORIZATION , , (where the applicant is not the owner) I, Robert G. Boabara residing at 98-16 163rd Avenue, (print owner of property) (mailing address) Howard Beach NY 11414 do hereby authorize YO~9 & Young , (Agent) ATTN: Thomas C. Wolpert~ P.E. and/or the Law Office of ..Peter S. Danowski,J: to apply for pem~it(s) from the Southold l3oazd of Town Trustees on my behalf. (Owner's signature) Robert G. Bombara 1 O er s s' e) Margaret M. BombaRA APPLICANT/AG1;NT/I21;PItirS);NTATI V G TRANSACTIONAL DISCLOSURi; FORM The Town of Southold s Code of Ethics orohibita cou0icls of interest on the part oCtown officers and emolovees The oumose4C r • r t r n t r ble contltcls of interest and allow d to lake whatever aclmn is necessary to avoid same. YOURNAMG: BOtni'JaL'8) RObt3rt:,~:_: (Last name, first name, middle initial, unless you are applying iu We name of someone else or other entity, such as a company. IFso, indicate the other person's or cmnpany's name.) NAME OF APPLICATION: (Check all that apply.) Tex grievance Building Varierrce Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or oRcial map Planning Other ([C"Other", name the activity.) Town Board Do you personally (or throughyour company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relalioaship" includes by blood, inarciage, 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 omcer or employee owns more than 5% of the shares. YES NO R If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town oFSouthold Title or position of that person llescribe the rolaliouship between yourself (the epplicauVagenVrepresenletive) end the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town o(licer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater Ihan 5% of the shares oC the corporele stock oC the applicant (when the appliceut i6 a corporation); B) the legal or beneficial owner of eihy interost in a noucorporale entity (when the appliceut is not a corporation), C) an otLcer, director, partner, or employee of the applicaal; or D)16e actual applicant DESCRIPTION OF RELATIONSHIP Submitted thiday of~_20J3/0 Siguature_~ ~i~. Print Name Rnhort r 3r•g Form TS I . ~ i , , ~ i,'~ rs 1 h 11~ ta'~i.... ~'a. ~ a _4:'.: i. 9 PHOTO NO.1 ROBERT G.BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2000 8:26 A.M. .l:''! ~'i 4 u~r. ~ Wr .S ~ N r PHOTO N0. 2 ROBERT G. BOMBARA AT SOUTNOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A.M. ' a i '1 i 1` ' ~..:b0'ri,. fit',\4liTAlii~k4lg5 N+~'Nrr ' Y PHOTO NO. 3 ROBERT G.BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. i ~ - , v n~`p,;Z iii ~r i.- S!'t~r~ w K k ( ~St -r `",4:: PHOTO N0.4 ROBERT G: 8OMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 6:27 A.M. , in,i, i' i (L ba4+. C I L ~ 4 ~i, w / 7 ~~'d ) y~y~"y~ t ~ ' N§'I I~XY~~ rr ~ . PHOTO NO. 5 ROBERT G: BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:28 A.M. y~.-, 1 t Rp 1 tf 1~J ~ i i 1"~ ~ n r n , k•-, p. PHOTO NO.B ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2908 8:29 A.M. Towu of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS L 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 attended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actia>s including Building Permits and other ministerial permits not located within the Coastal Erosiat Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review t(te exempt minor action list, policies and explanations of each policy contained in tite Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant . beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this fotrn is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in Ute consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detemtinadon that it is consistent to the maximum extent practicable with the LWRP policy slattdards and conditions. If an action ~catmot be certified as consistent with the LWRP policy standards attd 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.northfotk.net), the $oard of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION. SCTM# inn 54 - 4 - 19 The Application has been submitted to (check appropriate response): Town Board © Planning Dept. ~ Building Dept. ~ Board of Trustees I. Category of Towu of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plamtiug activity, agency regulation, land transaction) (b) Fiuuicial assistance (e.g. grata, loan, subsidy) (c) Permit, approval, license, certification: Nature attd extent of action: Construct one (1) single family residence; garage, pool and associated water aupp y and sewage disposal acih.t>es. A ~ Locatiouofactiou: N~ ~ Sed Drives approx. 1,675' east of Kenney's Road (adjacent Site acreage: 241879 s9• ft. or 0.6 acre Present land use: vacant R-40 Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following iufonnation shall be provided: (a) Name of applicant: Robert G. Bombara (b) Mailing address: ! 98-16 163rd Avenue . Howard Beach New York 11414 (c) Telephone mm~ber: Area Code ~t a adK ~ ~aa (d) Application number, if any: Will the action be directly undertaken, require fiu~ding, or approval by a slate or federal agency? Yes 0 No ? If yes, which stale or federal agency? NYSDF.C -Tidal Wetlands Permit DEVELOPED COAST POLICY Policy 1. Foster a pattern of development iu the Town of Southold that enhances community character, preserves open space, makes efficient use of lnfrastructnre, makes beneficial use of a coastal Location, and minimizes adverse. effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes ? No ? (Not Applicable -please explain) All proaosed construction is situated Hare than 160' landward of the landward limit of ia~l taoh 1 anrLa Tho r~rtux~apt3 f t rraf• ft mr of tha duel 1 i n9 i ° 1 R i n rnnf nro FF1NA requirements Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Towu of Southold. See LWRP Section III -PollcIes Pages 3 through 6 for evaluation criteria Yes 0 No ©(Not Applicable -please explain) • ,i ~ Attach additional sheets if necessary Policy 3. Enhance visual quality :and protect scenic resources throughout the Town of Southold. See LWIiP Section III - Policies Pages G through 7 for evaluatiou criteria Q Yes ? No ? Not ApplicsUle e er o o >.oy response Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4: Minimize lose of life, structures, and natural resources from flooding and erosion. See LWIZI' Section III --Policies Pages 8 through 16 for evaluation criteria x Yes ~ No ~ Not ApplicaUle Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria O Yes ~ No ~NotApplicaUle Refer to. Pol cl' response; propos met o water aupp y is v a connec ion to existing water main adjacent to property. Attach additional sheets if necessary Policy G. Protect and restore the quality and function of the Town of Southold ecosystems including SiguiGcant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria, a ? ? • Yes No .Not Applicable ~ 1 Refer to Polio 1 reamnae Altach addidonel sheets if necessary ' Policy 7. Protect and improve air quality in the Tow>7 of Southold.-See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. Yes ? No l °.J Not Applicable Altach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWI2P Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yea ? No ~ Not Applicable PUBLIC COAST POLICI)JS Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. n ? Yed-1 No ~ Not Applicable Attach additional sheets if necessary Policy 10.'Protect Southold's water-dependent uses and promote siting of new water-dependent uses is suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluatiai criteria. ? Yes ? No ®(Not Applicable -please explain) Attach additional sheets if necessary Pol[cy 11. Promote sustainable use of living marine resources Iu Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. Yes ? No ©Not Applicable -please explain Attach additional sheets if necessary Policy 12. Protect agricultural lauds to the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. © Yes ? No © Not Applicable -please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 though 68 for evahiation criteria. © Yes ? No © Not Applicable -please explain PREPARED BY Thomas C. Wolpet:t, P.E. TITLE Agent for Applicant DATE 07/02/10 `may NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03647 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: ROBERT G BOMBARA B.OMBARA PROPERTY 98-16 163RD AVE NORTH SEA DR~SCTM# 1000-54-04-19 HOWARD BEACH, NY 11414 SOUTHOLD, NY 11971 Facility Application Contact: YOUNG & YOUNG 400 OSTRANDER AVE RIVERHEAD, NY 11901 (631) 727-2303 Facility Location: in SOUTHOLD in SiIFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 713.8 NYTM-N: 4549.86 Latitude: 41°04'18.9" Longitude: 72°27'18.7" Authorized Activity: Construct single family dwelling, driveway, swimming pool and patio. Install sanitary system. All work must be done in accordance with the plans prepazed by Howard W. Young last revised July 2, 2009. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-03647/00001 New Permit Effective Date: 10/20/2009 Expiration Date: 10/20/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. - Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SL~ SUNY @ STONY BROOK~50 CIRCLE RD STONY BROOK, NY 11~7~'90 -3409 Authorized Signature: /ts~~/,~~`~E~ Date ID/ o?oj/~ Page 1 of 6 r Password Policy When writing a password policy there are several issues to be considered. Although there are some experts that argue that password policies in many organizations are too stringent and actually decrease the organization's computer security. Studies have shown that when employees are required to change passwords often, meet minimim complexity requirements, and not repeat a password for a minimum amount of time, they may begin to break the rules and start writing passwords down simply because they cannot remember passwords that change so often. The reason for changing passwords is due to the fact that if an attacker gets a hashed or encrypted copy of a password, they can eventually break the password using a brute force attack. Additional precautions should be taken to protect accounts and passwords. One precaution is not to transmit them on the intemet even in encrypted form. Another precaution is to be very careful about network security, to detect any unauthorized sniffing of the internal network, and stringent virus prevention including blocking dangerous email attachments. Overview All employees and personnel that have access to organizational computer systems must adhere to the password policies defined below in order to protect the security of the network, protect data integrity, and protect computer systems. Purpose This policy is designed to protect the organizational resources on the network by requiring strong passwords along with protection of these passwords, and establishing a minimum time between changes to passwords. Scope This policy applies to any and all personnel who have any form of computer account requiring a password on the organizational network including but not limited to a domain account and a-mail account. Password Protection 1. Never write passwords down. 2. Never send a password through email. 3. Never include a password in anon-encrypted stored document. 4. Never tell anyone your password. 5. Never reveal your password over the telephone. 6. Never hint at the format of your password. 7. Never reveal or hint at your password on a form on the Internet. 8. Never use the "Remember Password" feature of application programs such as Internet Explorer, your email program, or any other program. 9. Never use your corporate or network password on an account over the internet which does not have a secure login where the web browser address starts with https:// rather than http:// 10. Report any suspicion of your password being broken to your IT computer security office. 11. If anyone asks for your password, refer them to your IT computer security office. 12. Don't use common acronyms as part of your password. 13. Don't use common words or reverse spelling of words in part of your password. 14. Don't use names of people or places as part of your password. 15. Don't use part of your login name in your password. 16. Don't use parts of numbers easily remembered such as phone numbers, social security numbers, or street addresses. 17. Be careful about letting someone see you type your password. Password Requirements (subject to change) 1. Minimum Length - 8 characters recommended 2. Maximum Length - 14 characters 3. Minimum complexity - No dictionary words included. Passwords should use three of four of the following four types of characters: 1. Lowercase 2. Uppercase 3. Numbers 4. Special characters such as !@#$%^&*()~~ 4. Passwords are case sensitive and the user name or login ID is not case sensitive. 5. Password history - Require a number of unique passwords before an old password may be reused. This number should be no less than 24. 6. Maximum password age - 60 days 7. Minimum password age - 2 days 8. Store passwords using reversible encryption -This should not be done without special authorization by the IT department since it would reduce the security of the user's password. 9. Account lockout threshold - 4 failed login attempts 10. Reset account lockout after -The time it takes between bad login attempts before the count of bad login attempts is cleared. The recommended value as of the date of writing this article is 20 minutes. This means if there are three bad attempts in 20 minutes, the account would be locked. 11.Account lockout duration -Some experts recommend that the administrator reset the account lockout so they are aware of possible break in attempts on the network. However this will cause a great deal of additional help desk calls. Therefore depending on the situation, the account lockout should be between 30 minutes and 2 hours. 12. Password protected screen savers should be enabled and should protect the computer within 5 minutes of user inactivity. Computers should not be unattended with the user logged on and no password protected screen saver active. Users should be in the habit of not leaving their computers unlocked. they can press the CTRL-ALT-DEL keys and select "Lock Computer". 13. Rules that apply to passwords apply to passphrases which are used for public/private key authentication Enforcement Since password security is critical to the security of the organization and everyone, employees that do not adhere to this policy may be subject to disciplinary action up to and including dismissal. Other Considerations Administrator passwords should be protected very carefully. Administrator accounts should have the minimum access to perform their function. Administrator accounts should not be shared. NOTE5 Young & Young ~ AREA = 24,8"14 SQ. FT. 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) Edward lI. Young, Land Surveyor ~Y~~ Thomas C. llotpert, Professional Engineer IS • SEE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast, Architect 3610360154 6 LAST DATED MAY 4, 1998 Douglas E. Adams, Professional Engineer 0 ~ HEALTH DEPARTMENT USE ~ N O L'' ~ Re CEP - 3 ~i~ z f1NJJ< ~ tl ~ ~ . a, ~ ` - - _VEYOR'S GERTIFIGAT Cl~ ~ ° P~~W• y ° 2 6~ F?Hm CRAOE ~ ~ r " W a_,,.u ai. crnrx ~E EL-10.5 a-e.s a-y.{ HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 Q~`3 ~L ~ f ~ ~ e' wait tY YA1L B l ~p 4~ PPCezaox ~ rPCet"as. tz woc ~ LAM'DS~'` ~~~R F E-d35 E-fl15 Fd 0.aV flow tlE ~ E-7.&5 E-751 g ~ a~T o o " 1 SUR~/EY FOR o F Fir4.65 EL-{.85 ROBERT 6 • SOM~J4R~ ~ I-a°°'--I ~ eY ~ At Southold, Town of Southold 5~ izco ca.. sfrnc vwK m° asmlel~ncN Pcc~ LFaa+u+c Pori` ~'D Suffolk County New York ~Ra (rwoNOUn+IC) ~-ves (4 POOLS) Fl-t.as ~ County Tax Map o~:ao-~c 1000 ssce«~ 54 61ttk 04 Lut 19 ~~e€ HYDRAUUG PROFILE BUILDING PERMIT SURV~-Y - ALTERNATE b SCALE: NTS q~~ ~R 0 SGDHS AMENDMENTS NOV. 25, 200'1 AMENDED BUILDING PERMIT DATA NOV. 24, 2009 m AMENDED BUILDING PERMIT DATA OCT. 30, 2009 ~gs~ e AMENDED BUILDING PERMIT DATA SEPT, 14, 2009 E MAP PREPARED AW. I"I, 200'1 e SCALE: N.T.S. Rly~ JOB NO. 2006-0320 2 OF 2 DWG. 2006_0182_bp_r"I S ~ MARTIN D. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY O~ OF SO(/lOl Supervisor martin.finnegan~r~townsouthold.ny.us a y JENNIFER ANDALORO ~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY ~ ~ P.O. Box 1179 Southold, New York 11971-0959 j ennifer. andaloro<<~'town, sou thold. ny. ue G • LORI M. HULSE ~0~~ ,~1 Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY CQU~ N`4`- Facsimile (6311 765-6639 lori. hulse~o Mown. southold. ny. us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Trustees From: Jennifer Andoloro Date: August 16, 2010 Re: Bombara Coastal Erosion Hazard Area Permit Appeal Attached please find a revised application on the above referenced matter for your review and comment. The Town Board will consider the revised application at a public hearing on September 7, 2010. Please provide the Board's written comment, if any, prior to that time. Thanks Jennifer t, cc: Betty Neville Lori Hulse LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-mail: pdanowski~danowskilaw.com JOHN P. TAGGART, ESQ. jtaggartQdanowskilaw.com July 15, 2010 Town of Southold P.0. Box 1179 Southold, NY 11971-0959 Attn: ]ennifer Andaloro. Dept Town AttorneX Re• Robert G Bombara -Coastal Erosion Hazard Area Permit Dear Ms. Andaloro: After discussions with the office of the Town Attorney, I enclose an application which I am enclosing to each of the members of the Town Board, as well as to each of the members of the Board of Town Trustees. I have also provided a copy to the Town Clerk, the Clerk of the Town Trustees and the Deputy Town Attorney. This application asks the Town to consider approval of all necessary permits for "Alternate 6". This two-page plan provides no physical intrusion in the area North of the line establishing the landward toe of the most landward beach ridge. The plan also indicates a limit of clearing, grading and ground disturbance. The residential foot print is 1,696 square feet. The house decking and proposed pool is to be constructed on poles. No disturbance of the sand occurs North of the line. A portion of the deck is cantilevered, but no intrusion is made into the soil in the area North of the line. All construction is depicted within a building envelope limited by the Town's zoning code set backs. An attempt has been made to provide a plan that requires no variances from the Zoning Board of Appeals. The proposed small swimming pool is to the rear of the residence, within the deck area. 1 would expect that the Town would not endorse any plan that would require a variance from the Zoning Board of Appeals. 1 would ask that you advise me of a date and time for meeting with the Town Board so that 1 can verify my client's availability. Also, it may be helpful if my design professionals prepare a board presentation for ease of review. Town of Southold Page 2 July 15, 2010 I also point out that New York State DEC has issued a tidal wetland permit for an earlier plan that was closer to the Long Island Sound. All prior correspondence or testimony offered by the applicant is incorporated by reference. As has been noted in prior testimony, there is an absence of erosion in the building areas proposed in all of the alternate plans proposed by the applicant. The building area is also distanced more than 100 feet from the Long Island Sound. Very truly yours, ~1~.- PETER S. DANOWSKI, JR. PSD:gsg HAND DELIVERED cc: Robert Bombara Young & Young, Surveyors ' ' Albert J. Krupski, President 1 ~~F SQUTy i Town Hall James King, Vice-President ,\O~ Q~ 63095 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoda ~ ~ Southold, New York 11971-0959 Peggy A. Dickerson ~ ~ Q a~ Telephone (631)765-1892 I~C~U~ Fax (631) 765-6641 BOAB,D OF TOWN T1tUSTEES TOWN OF SOUTHOLD Office Use Only X Coastal Erosion Petmi[ Application Wetland Permit Application _ Administrative Permit _AmendmentlTransfer/Extension Received Application: _Received Fee:$ 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: _Techttical 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 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 Phone: 631-727-2303 Board of Trustees Application CRN)?RAL DATA Land Area (iu square feel): 24,879 aq ft or 0.6 acre Area Zoning: R-40 Previous use of properly: Vacant Intended use of property: Single Family Residence Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zouiug Board of Appeals Yes % No If "Yes",please provide copy of decision. Prior permits/approvals for site improvements: Agency Dale NYS DEC Tidal Wetlands Alternate plan .Alternate "6" X No prior permits/approvals fo/site improveuieuts, Has any peimiUapproval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attaehmeuts if necessary): Construct one single family residence and garages pool and associated water supply and sewage disposal facilities. ~+.uo~.vca 11~11J11 U81.1 UL1 COASTAL EROSION APPLICATION DATA Purposes ofproposed activity: To construct one (1) siggle family residence, garage and pool, Are wetlands present witldn 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? 200 - (cubic yards) How much material will be til]edT 200 - (cubic yards) ' Mamter in which tnaterial will be removed or deposited:. A backhoe will be used to excavate for construction of the house, garage and pool and also used to grade the construction site. ' Describe the nature and extent of the envh-otnnental impacts reasonably anticipated resulting froth implementation of the project as proposed. (Use attachments if necessary) The proposed operations will hot have. an effect on the tidal waters. , i;.; i, Board of Trustees Application W)?TLAND/T12USTE); LANDS APPLICATION DATA , Purpose of the proposed operations: To construct one (1) single family residences garage and pool Area of wetlands on lot: 0 square feet Perceutcoverageoflot: 6.8 Closest distance between nearest existing structure and upland edge of wetlands: N•A• feek Closest dista~ice between nearest proposed structure and upland edge of wetlands: 160 feet Does the project involve excavation or filling? No x Yes if yes, how much material will be excavated? 200+/- cubic yards 1-low much material will be filled? 200 cubic yards Depth of which material will be removed or deposited: 6 feet 2~ Proposed slope throughout the area of operations: Manner iu which material will be reinoved or deposited: a t~.,rkhnp W; t i t,p used to excavate for construction of the house, aaraae and pool and also used to grade the construction site. Statement of the effect, ifany, on the wetlands and tidal waters of the town teat may result by reasar of such proposed operations (use allachmeirts if appropriate): The r sed o rations will not have an effect on the tidal waters ,f NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Robert G. Barbara SCTM# 1000-54-4-19 YOU ARE HEREBY GNEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Boazd of Trustees tot Construct one (1) single family residence, garage, and pool. 2. That the property which is the subject of Enviromnental Review is located adjacent to your property and is described as follows: refer to Buil~dinq Permit .Survey . 3. That the project which is subject to Envirotunental 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. Tlie 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 and Margaret M. Bombara MAILING ADDRESS: - venue Howard Beach, New York 1 4 PHONE (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. . ~ i~'S'i stzzo SEAR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALIT, REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM .for UNLISTED ACTIONS Only PART 1 • PROJECT INFORMATION (To be completed by plicant or PmJecl Sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME Robert G. Bgtibara Robert G. 19atlbara 9.PROJECT LOCATION: MunlclpalNy Southold, T/O Southold Coanry Suffolk 4. PRECISE LOCATION: Sbeel Addese end Road Inlereecflona, Prominent lendma[ka .etc •.or orovlde mao _ Refer to.BUilding Permit Survey 5. IS PROPOSED ACTION:. ®New ~Expanslon I-lModNcagon/alferegon B. DESCRIBE PROJECT BRIEFLY: L--7 Construct one (1) single family residence, garage, and pool. Alternate No. 6 7. AMOUNT OF LAND AFFECTED: - Inlllalty O.ti acres Ultimately 0.6 acres e. WILL PROPOSED ACTION .COMPLY WITH EXISTING ZONING OR OTHER RESTRICTION57 Yes ? No If no, describe bdegy: B. WHAT IS PRESENT IAND USE IN VICINITY OF PROJECT? (Choose ae many ae apply.) ~Resldengal ~Indueblal ~Commerclal ?Agrlcullure ~Parklforeel/Open Bpece ~Ofher (describe) • 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale or Locep NYSDEC -Tidal Wetlands Yea ~ No II yes, ilel agency name end permit approval: SCDHS -Water Supply , & Sewage Disposal 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yea ®No it yes, Ilst agency name and permit / approval: Except tidal wetlands permit for Alternate Plan. 1t2-. ~A"S A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ores No I CERTIFY• THAT THE INFORMATION PROVIDED ABOVE 19 TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponso• Ne e Robert G. Bombara 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 ~J•', f Board of Trustees Application Ql~ . Couuty of Stale of New Yotk Robert G. Barbara BEING DULY SWORN bEPOSE5 AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED IiEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEbGE AND BELIEF, AND THAT ALL WORK WILL B$ DONE 1N THE MANNER SET 1:ORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLb TOWN BOARD OF TRUSTEES. THE APPLICANT .AGREES TO HOLb THE TOWN OF 50UTHOLD AND THE TOWN TRUSTEES HARMLESS AND FR);E FROM ANY AND ALL bAMAGES AND CLAIMS ARISING UNbSR OR BY VIRTUE OF SAIb PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICAT10N;1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REI'RESENTATIVES(S); TO ENTER ONTO MY PROPERTY TO INSPECTTHE PREMISfi5 IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~~~n Signature SWORN TO BEFORE ME TH15~DAY OF~,20~ ~lw~N~w1YA lrMMi~l ~ MLQ otary Public 1~ i...~. , Board o£ Trustees Application 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 NY 11414. do hereby authorize Young & Young , (Agent) ATl'N: Thomas C. Wolpert~ P.E. and/or the Law Office of ..Peter S. Danowski,J: to apply for permit(s) from the Southold Board of Town Trustees on my behalf. '~d~6fff' L (Owner'ssig1uatwe) Robert G. Bombara O er s e) Margaret M. BombaRA n APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM hn of Southold s Cole of Wics vrohibils wu0icts of interest on the Dart of town officers and emulovees The oumose of his form is to provide infomralion which can alert We town oCnoastble conOrcls of utterest and allow tl to take whatever schools necessary to avoid same. YOUR NAME: BOttlliarES. ROL1§1'G~,F`°S: (Last came, first name, middle initial, unless you are applying iu the name oC someone else or other entity, such as a company. ICso, indicate the other person's or company's name.) NAME OF APPLICATION: (Check ell that apply.) Tex 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.) TOWR BOdTCI 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, mattiage, or business ialeresl. "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 moro than 5%oClhe shares. - YES NO X - if you answered "YES", complete the balance of this loon and dale and sign where indicated. Name of person employed by the Town of Souttold ' Title or position of that person describe the rolalionship between yourselC(dre appliceutlagenVrepreaenlalive) end the town officer ar employee. Either check the appropriate line A) through b) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all drat apply): _A) the owher of greater than 5% of the shares of the corpomle clock of the applicant (when dre applicant is a corporation); B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation); _C) en officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi~_~day of 20yf/0 Signature ~s~ Print Name Rnhrart• r era Form TS 1 , ~ n Ir ~ . ~ „ . . ~ is ? PHOTO NO. 1 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A.M. + . ~ I ~1 • ~'`~r~''' s PHOTO NO. 2 ROBERT G. BOMBARA AT SOUTHOLD, T/0 SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:26 A.M. f ` r r~„ , /y l- ' ~.i~: ~ YFi -C~ ~ ~ .4 ! r - :pia-.a PHOTO N0.3 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. i i J i ~ {{R{~ et l~ ~ ~ 1 TL y F S ~,T T~ i ~ 1 ~ `#l+i'` t1 ~rti~fN Y ui PHOTO N0.4 ROBERT G: BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:27 A.M. i ~4 i i u... i ' i' i ~.1`,: ~ 4 ~ S~ ~ ~ ,If,, - 4 j I rr w rr is 4 A~ h.~ ' 1 ; 4 1 ) iCbtl ! rr . M1 Tr ; IrY+S ~ ~ J t 9 i WyV r.t.:. t S 1 Il ~ PHOTO NO. 5 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. 11 I. • 1 1 F q( S !4a 4 Y1r i4'jfi t~ ~ ~ s ~ ~4'~`i 'Y tiNr'~, 1~ ~;~,H 3 R t PHOTO NO. 8 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK bCTOBER 13, 2008 8:29 A.M. i r. ~a e Town of 5outlwld LWRP CONSISTENCY ASSESSMENT TORM A. INSTRUCTIONS L All applicauls 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 detennhiation of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answetiug the questions in Section C, the preparer of Wis form should review time exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A .proposed action will be evaluated as to its significant , beneficial and adverse effects upon the coastal area (which hicludes all of Southold Town). 3. If any question in Section C on this form is answet~d "yes", then the proposed actiam may affect the achievement of the LWRP policy standards and conditions contained hm the consistencX review law. Thus, the action slmould be analyzed in more detail and, if necessary, modified prior to making a detern~inadon that it is consistent to the maximum extent practicable witlm the LWRP policy s4vmdards and conditions.. If an action cannot be certified as consistent witlm the LWRP policy standards atmd 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. D)C5CRIPTION OR SITE ANb PROPOSED ACTION SCTM# 1000 - 54 - 4 - 19 The Application has been submitted to (check appropriate response): Town Board © Planning Dept. D Building Dept. Board of Trustees I. Category of Towu oFSouthold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plammiug activity, agency regulation, latmd transaction) (b) Fhmancial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification:. Nature and extent of action: Construct one (1) single family residence; garage, pool and associated water supply an sewage aisposa fac>.l>.t>_es. 4 li'i'~~ q: Location ofaction: N--t r ~ Sed Drive. approx. 1,675' east of Kenney's Road (adjacent Sileacreage: 24,879 sq• ft. or 0.6 acre Present land use: vacant R-40 Present zoning classification: 2: If an application ('or the proposed action has been filed with the Town of Southold agency, the following iufonnatiou shall be provided: (a) Name of applicant Robert G. Bombara (b) Mailing address: ' 98-16 163rd Avenue Howard Beach, New York 11414 (c) Telephone number: Area Code O vi A-AdS ~ 9A~ (d) Application number, if any: Will the action be directly uudertakety require fmiding, or approval by a state or federal agency? Yes 0 No ? If yes, which state or federal agency? NYSDEC -Tidal Wetlands Permit DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that et?hances community character, preserves open space, makes efficient Use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse. effects of development. See LWI2P Section III -Policies; Page 2 for evaluation criteria. 0 Yes ? No ? (Not Applicable -please explain) All proposed construction is situated more than 160' landward of the landward limit f h 1 wPhlannn Tha nrnnnaar7 first fl nnr of t,ha fLelli 9 is lA fx], in rnnfnrmanro ~'EMA reauiremeni•s Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Towu of Southold. See LWItP Section III -Policies Pages 3 through 6 Cor evaluation criteria Yes ~ No ®(Not Applicable -please explain) 11 ' • \i 1 Attach additional sheets ifnecessary 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 ?x Yea ? No ? Not ApplicaUle e er o o ioy reaponee Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4: Minimize loss of life, structures, and natural resources from Hooding and erosion. See LWRI' Section III -Policies Pages 8 through 16 for evaluation criteria (fix u Yes ~ No ~ Not ApplicaUle Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect anti improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria 0 Yes ? No ?Not ApplicaUle Refer to Pol cl' response; propos me o wa er aupp y is v a connec ion to existing water main adjacent to property. Attach additional sheets if necessary Policy G. Protect anti 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. a ? ? Yes No ,Not Applicable a ~ I Refer 'to Policy 1 rpgpQnse Attach additional sheets if necessary ' Policy 7. Protect and improve air quality in the Towp of Southold. See LWRI' Section III -Policies Pages 32 through 34 for evaluation criteria. ? Yes ? No L^_.1 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 3A through 38 for evaluation criteria. ? Yea ? No 0 Not Applicable PUIILIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, pubic lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 4G for evaluation criteria. ? Ye~ No ~ Not Applicable Attach additional sheets if necessary Policy 1.0.' Protect Southold's water-dependent uses sud promote siting of new water-dependent uses iu suitable locations. See LWIiP Section III -Policies; Pages 47 through 5G for evaluation criteria. ? Yes ? No ®(Not Applicable -please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources to Long Island Sound, the Pecmtic 13stuary slid Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. Yes ? No ©Not Applicable -please explain Attach additional sheets if necessary Policy 12. Protect agricultural lauds to the Town' of Southold. See LWIZP Sect[on III -Policies; Pages 62 through GS for evaluation criteria. Yes ? No © Not Applicable -please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRI' Section III -Policies; Pages 65 through 6S for evaluation criteria. Yes ? No © Not Applicable -please explain PREPARED BY Thomas C. Wol ert, P.E. _ TITLE Agent for Applicant DATE 07/02/10 '_r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03647 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: ROBERT G BOMBARA B.OMBARA PROPERTY 98-16 163RD AVE NORTH SEA DR~SCTM# 1000-54-04-19 HOWARD BEACH, NY 11414 SOUTHOLD, NY 11971 Facility Application Contact: YOUNG & YOUNG 400 OSTRANDER AVE RIVERHEAD, NY -11901 (631)727-2303 Facility Location: in SOUTHOLD in SiIFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 713.8 NY'TM-N: 4549.86 Latitude: 41°04'18.9" Longitude: ,72°2718.7" Authorized Activity: Construct single family dwelling, driveway, swimming pool and patio. Install sanitazy system. All work must be done in accordance with the plans prepazed by Howazd W. Young last revised July 2, 2009. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-03647/00001 New Permit Effective Date: 10/20/2009 Expiration Date: 10/20/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. - Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS s~d~ SUNY @ STONY BROOK~50 CIRCLE RD STONY ~BjROOK, NY 1/1790_3409 ? Authorized Signature: /5~ iii''°~` Date °?v) Page 1 of 6 NOTES Young & Young ~ N AREA = 24,81q SQ. FT. 400 Ostrander Averlaie, Rtiverhead, New York 11901 ~ / • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) 631-727-2303 ~ a~ J~/1 / • SEE FLOOD INSURANCE RATE PANEL NUMBER Howard w Young, Land Surveyor ~ J''~~// 3.gy Jg ~ 3610360154 6 LAST DATED MAY 4, 1998 Thomas C. Ilolpert, Professional Engineer • ~~3 p'~ d° Robert C. Tast, Architect •fs ~c~`.}~~ ~ • AMOUNT OF FILL REQUIRED = X00 G.Y. t 5 W E ~ ~ ~~~OQ Douglas E. Adams, Professional Engineer ~ , f~!/ y~,~p~~~,~dp%+. • FILL TO BE GLEAN BANK-RUN SAND AND GRAVEL ' d+ "f7~y FROM AN APPROVED UPLAND SITE. o f~"~~~Y qtr, 3.97 ~>~P~'N~j,~pry.~d'~ BuILDINb FooTPRINT AREA = I,v96 sa. FT. hfEALTH DEPARTMENT USE 1 ~~''^^v` ~d` ~ / ~ "r"d?" • ZONING USE DISTRICT = 'R-40' / vJ °~'ry~'/.' / / /y ~ /'6.s6 / , / /y. o , 3 i / ~ / / ~ ./9.71 ~ ACS p ~ s.wj/ / /o / Sec9J ~~r~ ~ 'fie' R- ~?a'`~6~ 9' / / / / / / / / / ~,~q ~ j . ',tit' <.a2 ~,~1 0/ / / / / / ~ r,o.~ .,U b.so/ / f~ ~ ~ ~/.°j /y y' / / / 6.72 / / / / s.a~( / . 9.Bf• ~9 5i ~ / / ~ tY ~'A ~ ~ ,y' / / ~ ~ / ` ~tl i~ / SURVEYORS GERTIPIGA ~ ~ ~dF W y / / / ~ ' ° 9.72 . / ~ ~ i / N~ e / /6y/ / / / ~ ,a~~ / / \ ~ ii 6.39, / ~.1 ~ O / y/ / / ~ ~ ~ ~ roc/ / ~ ~ 6.34 ~ / ~g dh . fi.as Oj ~P, u~ • 7.os X39 , . %i ~ e.zz rf~~ ~ * ~ys TEST HOLE / / V ~ ~ ~~4~~ / i~ / / ~~1 ' ~9 6.66 ~ it ~ ! ~ ~ T r ~g M eY rn~ooxvs e~eosuetacE /0 ~ - ~G I / d y/ / A/~/ %'t'YI'J~~ ~b 7~ / N~~~ i e.~ ~ yl~ DhTe,os~vov ~ ,0' da / >b. ~r . .6z y/ / ~ ~ EL•6.I5' oo' ~ e.a7 /7.57 ` ~ P es 6.39 ~ / 8 3t 0~ HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 - ~~Q i~ r ~ /~~h¢~ I s~ I o ~~o Phi ,~~j/ p z~/~ LAND~'~ s~~e (Sr~1 A .8.20 1~' 7. 1 V • 6.00 ~ / SURVEY POR o <e~ ~Qy,~~1~~~ ~o~ ~ ~ ~ ~ . _ ,,\S ~ RIOBERT 6 ~ONIB~RA~ < ~C J ttl Q' ~ 7.66 ~ y .7~ / ~tl s N ~ ~.5;/ ° ~Z'' o°~ Apt Southold, Town of Southold ~ P,aLe eRaw a o„ \~9i oz\~ ~f, / / ae ~ ~SSO ~e ~ ~aQ'~. ~ / ~ Suffolk Gounty, New York a~g8 SAFID C/ . \ ~ \ ~ ~ ~ / ~/^~p/ 6.53 E~y~ lava ~A~~q qlc y ~a . \ / .aa ~ Gounty Tax Map D(etrict IOOO Section 54 91ode 04 roc Iq e~ uA~ ~'9~ S\~,,~@' ,~,z J 6.6'?i / ~ BUILDING PERMIT SURVEY - ALTERNATE b '~~\r~ 8.39 / ~~pg~i~zg$ C 8.32 / / / / C~ ~+e8€ ,(~1~0 g /0 / / LQ~tl SGDHS AMENDMENTS NOV. 25, 2009 0 g ~'P J/6.s1 AMENDED BUILDING PERMIT DATA NOV. ~4, 2009 m ~ 6.z6 AMENDED BUILDING PERMIT DATA OCT. 30, 2009 ~ge~ AMENDED BUILDING PERMIT DATA SEPT. 14, 2009 MAP PREPARED AUG. I?, 2009 MpW1.gIT SET ~ . MONI~IENT PAMfJ Q• STAKE SET STAKE FdAID SCALE: I"=40' ~e~~ c . cwnmEV ao . weoF ovEa s . sroov cE . ee.~Are EurrsArwe o-- • r,ara wneEx ~ viEw oiaEGna+ JOB NO. 2006-0320 E DWG. 2oob_OI82_bp_r"I I °F 2 NOTES Young & Young AREA = 24,8"19 SQ. PT. 400 Ostrander Avenue, Riverhead, New York 11901 y 63 f-727-2303 y~~~ • VERTICAL DATUM =N.G.V. DATUM (M.S.L. 1929) Howard 1I. Young, Land Surveyor Thomas C. lYolpert, Professional Engineer • SEE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Taat, Architect ~~`°g 3610360154 G LAST DATED MAY 4, 1998 Douglas E. Adams, Professional Engineer 0 g HEALTH DEPARTMENT USE o R~~ Rs ~~eR 3 ~ HOUR ~RSrP~ SURVEYOR'S GERTIFIGAT ~ NE Q~~~Vd. y o 5.00' 10.00' * ~ ~ ~ tl~~ > ! u, 8 Flwsm aua Q ~ ~~dy~ n.es n-s.~ HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 4 3 '4 ~ E$ ~ ~ 1 MIN. 8 MIN. B MIN. O 6• MNf. 12• YAIC 12• YNC LAh'D`'~ ~ PPE • 2.001 4• ~ P~ _ _ ~4 R I ~ PPE 0 1.00.1 33~P~gJ1 ~-B.~ IE-61S ~ C B,r~ RO,~, ~ „ IE-].86 E-].81 ~ $ GGG '„3 b z .oar 1 o o" 1 SURVEY FOR o EL-4.85 ROBERT 6. SOMB/~tR~ Ia~~ _ ~a°"~ 6r g°"~ ~ ~ At Southold, Town of Southold ~ cnL sEanc rnPa w0,PeND ~ Dlsnaeuna+ Poa EEACHINC aool5 w n a-1.65 Suffolk Gount~J, New YOrk lea ZOO EL_,.65 ~ y (raa+oumlc) (4 vools) ~'le~ County Tax Map ol6rrl~1 1000 s6~ea, 54 61ocN 04 X01 19 HYDRAULIC PROFILE BUILDING PERMIT SURVEY - ALTERNATE b SCALE: NTS ~ ~R¢ 0 SGDHS AMENDMENTS NOV. 25, 2009 g AMENDED BUILDING PERMIT DATA NOV. 24, 2009 AMENDED BUILDINb PERMIT DATA OCT. 30, 2009 6Y~3 m AMENDED BUILDINb PERMIT DATA SEPT, 14, 2009 g MAP PREPARED AUG. I"I, 2009 d SCALE: N.TS. e~~ JOB NO. 2006-0320 2 OF 2 3~~~ DWG. 2006_0182J~p_r"1 ~ LAW OFFICES PETER S. DANOWSKI, ~1R. 616 ROANOKE AVENUE RIVERREAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-mail: pdanowski~danowskilaw.com ~ ; JOHN P. TAGGART, ESQ. jtaggart~danowskilaw.com ~ 11'~~ ~ ~ `~J L I 1 'I `I JUL 1 b 2010 L July 15, 2010 L--- Sm:",~!J icr:r Er,a:d of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn: Lauren Standish. Town Trustee Clerk Re: Robert G. Bombara -Coastal Erosion Hazard Area Permit Dear Ms. Standish: After discussions with the office of the Town Attorney, I enclose an application which I am enclosing to each of the members of the Town Board, as well as to each of the members of the Board of Town Trustees. 1 have also provided a copy to the Town Clerk, the Clerk of the Town Trustees and the Deputy Town Attorney. This application asks the Town to consider approval of all necessary permits for "Alternate 6". This two-page plan provides no physical intrusion in the area North of the line establishing the landward toe of the most landward beach ridge. The plan also indicates a limit of clearing, grading and ground disturbance. The residential foot print is 1,696 square feet. The house decking and proposed pool is to be constructed on poles. No disturbance of the sand occurs North of the line. A portion of the deck is cantilevered, but no intrusion is made into the soil in the area North of the line. All construction is depicted within a building envelope limited by the Town's zoning code set backs. An attempt has been made to provide a plan that requires no variances from the Zoning Board of Appeals. The proposed small swimming pool is to the rear of the residence, within the deck area. 1 would expect that the Town would not endorse any plan that would require a variance from the Zoning Board of Appeals. 1 would ask that you advise me of a date and time for meeting with the Town Board so that I can verify my client's availability. Also, it may be helpful if my design professionals prepare a board presentation for ease of review. Town of Southold Page 2 July 15, 2010 I also point out that New York State DEC has issued a tidal wetland permit for an earlier plan that was closer to the Long Island Sound. All prior correspondence or testimony offered by the applicant is incorporated by reference. As has been noted in prior testimony, there is an absence of erosion in the building areas proposed in aH of the alternate plans proposed by the applicant. The building area is also distanced more than 100 feet from the Long Island Sound. Very truly yours, PETERS. DANOWSK[, JR. PSD:gsg HAND DELIVERED cc: Robert Bombara Young & Young, Surveyors N / NOTES Young & Young a~~~ ~ AREA = 24,8'79 SQ. FT. 400 Ostrander Avenue, Riverhe¢d, New York 11901 ~y"e~ ~ / • VERTICAL DATUM =N.G.V. DATUM (M.S.L. Ig2q) 631-727-2303 _ / / ~ • SEE FLOOD INSURANCE RATE PANEL NUMBER 4 a Howard li. Young, L¢nd Surveyor ~ S v ~ 36103G0154 G LAST DATED MAY 4, IggB r~< ,tl.dp~q ,cp~0~d° • Thomas C. Folpert, Professional Engineer ~C~; W r o/ . t~~P~}}'' ~ \p AMOUNT OF FILL REGiUIRED = 200 G.Y. t Robert C. Tact, Architect ~ L , ~ n~,~ , Douglas E. Ad¢ma, Profeasi.onal Engineer ~~~q i ~ ay ~~~~~`dJ'd' • FILL TO BE GLEAN BANK-RUN SAND AND GRAVEL .~`Sw / / /~L~ FROM AN APPROVED UPLAND SITE. go ± ~y.`Y ary~~ 3~~~ / y • BUILDING FOOTPRINT AREA = I,bgb SQ. FT. F'IEALTI"I DEPARTMENT USE C ~ ` 9 /~~v rypc ryq / y/ j~ • ZONING USE DISTRICT = 'R-40' b ~ / / o~ ~ : i/O~ Q~~ 9'~Y /g /6.53 18.49 ,f.~ .8.57 ,yam / ~ ~ ~ ~Y / / 1 / / / /9'/ / ~I ,0.77 Q~ c 4.02 ~i r / / / / / / / / j / . ~ d / m~ ~ a"~~' @~ ~~1~` cy/ / 6.72 `7' / / 9.0`x; /~9.8~' 9.5~ / 98 ~ / ~ ~ it / / j/ I 90-~~%'~~y~ ~"-~i~ ,P / SURVEYOR'S GERTIFIGATI ti 5 / ti / / e.7z . ~I< ~ 6. / Sao / ~ ~ / / ~v, 'c' ~ . s.a9~ ~ / f ' t~ a i i / 3 400 / / ~i e/ i%~ / ,4o^...x ^~e. o ll / / y/ / ,60 ~ / / Jr_ c s.3a ; ~6~ ti ~ ~ e.4s / ~ , r ~ TEST HOLE ' 7.05 ~'1 / ®3y i / / l ~x 7 66 Pte? 8.22 T f4 ~ ` 4 ~ g ~ 3 6~ ~45 ~ / / ~ ~ ~ % /fin / 1. ~ BY McDONALO 6E05GIENGE / / °i I i d y/ / o"'~t~/ ' 7. j.(J~,`~t./L ' I~ c DATE 05/11/06 ~s. o/ / . ~ ~ ~ / ~ /y/ , N ' " 3 ~ AW ` g~~~ a EL•6.45~ o.o~ •a.a7 /7.s7 ~ / e s 82 / h/ / _ ~J~ / / q°/~. .S~ 6.6.44 //~31 o~ HOYVARD W. YOUNG, N.Y.S. L.S. NO. 45883 s \ ~ ~ i PALE BROMAI \ 6c,~ 'V° ~ T.H. D~ ~ - 0' FIHe ro ~ ,,o~ I ~ 9 ~ j / 2 / ~.~c~ 4 8 co~ ~~~td' as- ~ ~ / •t.os =b. ° ~ ~ 0 9 ;X ~ /s zs ~~U~~',. e~~e e.TS D / / ~ o' q,¢~ ~ 8.20 /7.q 9 0 P / ~ / - z ~l o' 8.00 \ , ' / / •.l 6W.Ib5' 4A' ~ ~2~~' Uri ~ ham` ~ ~ \ ~ 6 . ~ E 1 1 8~ ~ SURVEY FOR a PAL ~BRDMAI ~l• Q~ Y ~ ~ ~ \ 7.66 \ :5 e ~ . ~ / z' UQ~w, ROS~RT 6. BOMSAR~ ~ PIF~TO '4S o„ .°2~, / At Southold, Town of Southold ~~6 ~ So ~'e ~ x~'~ / ~ Suffolk County New York c ~ al / / ~ ~ a pgg~ l < o fi.s3 ~~``~H'Og~ /9~`e'y\e ~p°~9~ \ \ / GOUnt TQX MQ District IOOO Section li.o~ ~ S ~ ~o~ \ p /e.s6 / O/ % / y p 54 61ook 04 Lot 19 ~s s\ dry,' .i l ~ ~ v~,~\ \ r ,p;~ 8.39 /6~ / \ ` BUILDING PERMIT SURVEY - ALTERNATE b ~~~;i j / a.3z / / / \ ~S~c ~ / nh / l4 SGDHS AMENDMENTS NOV. 25, 200q o ~ ~/e.s, e zs AMENDED BUILDING PERMIT DATA NOV. 24, 200q ,p/~ AMENDED BUILDING PERMIT DATA OCT. 30, 200q ~~b3 MAMP~PREPAUREDINb PERMIT DATA SEPT. 14, 200q ~ 0 n o _ M°wn7eHr ser AUG. 17, 200q ~ ~ I? e ¦ = wowr~Nr FouHV 0= srnice ser srvice Fouxv SCALE: I"=40' €€e~`t, c . cwr-mer rzo = rsoaF Duce s . sro°P ce = ce~~na euranr+ce o-~ . Prom wwDae ,view vinecrioN JOB NO. 2006-0320 I OF 2 3~~~ DWG. 2006_0182_bp_r-I NOTES Young & Young AREA = 24,8'7q 50. FT. 400 Ostrander Avenue, Riverhead, New York 11901 0 631-727-2303 ~ • • VERTICAL DATUM =N.G.V. DATUM (M.S.L. 1929) Howard Ii. Young, L¢nd Surveyor ~ • SEE FLOOD INSURANCE RATE PANEL NUMBER Thomos C. Wolpert, Professional Engineer < Robert C. Tast, Architect 3610360154 G LAST DATED MAY 4, 1998 Douglas E. Adams, Professional Engineer ' o HEALTH DEPARTMENT USE a~ ~ ,~s~z. cl 8 ~y~5 N g HOUSE e . G ON PILES ~ (a eEOROOUS) ~~9g b i,RBT BOOR ~~z~ eoo SURVEYOR'S GERTIFIGATI r-~_T' 5.00 ~ ~ ° rrc~rsNEn ~ ~-1'Y1ref/t.~. ~"V~' fir" ~ ~ r ~r~ ' ~g EL=1,.0 C.I. COYER N ' , , t/J( 'I~ ~ ~ k } EL~105 E EL~9.5 I f ~ ~ `,.:.~~f i~~~ 1' pA P\C ? MIN. 9.4 gµ~ ¢ HOWARD W. YOUNG, N.Y.S. L5. NO. 45893 ~ l / 8' MA%. 6 MIN. / PWE 0 200; 12' MAX a MIN. pp I I PIPE OA 1.W1< 12' MA%. f~.ti..~ C r~J \ ~"f y~Y 8 IE=8.J5 IE~8.15 ~4 , ~~yJR n 0.50' ROW LINE IE=].65 IE~].51 _ _ . Wy 0.3J' $ $ g ~F~ z EL_4.65 ° n 1 ~ SURVEY FOR e 8]' e 8.00' z EL=4.65 ROBERT 6. BOHIB,4R~ ° `o ~ r--aoo, 8.00'--I SfABONAL ~ ~ ~ ~ ~ YJ~S, cR"oIL°irNi~ n s Hlq'NU ~ At Southold Town of Southold 1200 GAL SEP71C TANK EL=1.85 W"T~ DISTRIBUTION POOL IFACNINC POOLS whn° Suffolk County, New York (MONOUTrIIC) (4 pooLS) EL=,.65 <ea County Tax Map olso-l~t 1000 sa~t~o~ 54 Block 04 Lct Iq zg~ HYDRAULIC PROFILE BUILDING PERMIT SURVEY -ALTERNATE SCALE: NTS ~S~i; ~R SGDHS AMENDMENTS ° NOV. ~5, 2009 m AMENDED BUILDING PERMIT DATA NOV. 24, 2009 AMENDED BUILDING PERMIT DATA OCT. 30, 2009 KI~b3 ~ AMENDED BUILDING PERMIT DATA SEPT, 14, 2009 ~ ~ a MAP PREPARED AUG. 17, 2009 SCALE: N.T.S. JOB NO. 2006-0320 2 OF 2 ~3~~~ DWG. 2OO6_O18~_bp_r"I 5~~~ Albert J. Krupaki, President ~F S~ ' James King, Vice-President ~ p`~~ UjyO Town Hall Artie Foster ~ ~ 63095 Route 25 P.O. Box 1179 Ken Poliwoda Southold, New Yozk 11971-0959 Peggy A. Dickerson N Q "O • ,,p~~ Telephone (631) 765-1892 l'~~'~~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only X Coastal Erosion Permit Application Wetland Permit Application _ Administrative Permit _AmendmentlTrans ferBxtension Received Application: _Received Fee:$ 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 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 Phone: 631-727-2303 ~ I' 1 Board of Trustees Application GLNLI2AL llATA Laud Area (in square feel): 24, 879 sg fl• or 0.6 acre Area Zoning: R-40 Previous use of property: vacant Intended use of properly: Single Family Residence Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Dale NYS DEC Tidal Wetlands Alternate plan Alternate "6" X No prior permits/approvals fo?sile improvements. Has any pcnniUapproval ever been revoked or suspended by a governmental agency? X No Yes ll'ycs, pruvidc cxplauatiun: Project Description (use attachments if necessary): Construct one single family residence and garage, pool and associated water supply and sewage disposal facilities. 4a~u lftJ1J11 UUl.l url / COASTAL EROSION APPLICATION DATA Purposes ofproposed activity: To construct one (1) giggle 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? 200 - (cubic yards) How much material will be filled? 2t~ ~ - (cubic yards) Mamter ni which material will be removed or deposited: A backhoe will be used to excavate for construction of the house, garage and pool and also used to grade the construction site. llescriba the nature azid extent of the environmental impacts reasonably anticipated resulting liom implementation of the project as proposed. (Use altaclunents if necessary) The proposed operations will 'not have an effect on the tidal waters. i i,.; Board of Trustees Application f ' W1;TLAND/'I'RUST)JT; LANDS APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area of wellauds on lot: 0 square feet Percent coverage oC lot: 6.8 +/-"~o Closest distance between nearest existing structure and upland edge ofwetlauds: N•A• feet Closest distance between nearest proposed shvclure and upland edge of wellauds: 160 feel Does the project involve excavation or filliug7 No X Yes If yes, how much material will be excavated? 200+/- cubic yards flow much material will be fillcd'1 200 cubic yards Depth of which material will be removed or deposited: 6 feet 28 Proposed slope throughout the area oCoperations: Manner iu which material will be removed or deposited: a h=.r•khna vi 11 ho used to excavate for construction of the house, aara4e 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 resuh by reason of such proposed operations (use attachments if appropriate): The proposed operations will not have an effect on the tidal waters ~ 1 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 Boazd of Trustees lo: Construct one (1) single family residence, garage, and pool. . 2. That the property which is the subject of Envirotunental 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 NAM)?: Robert G. Bombara and Margaret M. Bombara MAILING ADDRESS: - venue Howard Beach, New Yorlt 4 PHONE (718) 845-4283 Enc: Copy of sketch or plau showing proposal for your convenience. ii,~ s1T.zO SEAR PROJECT ID NUMBER APPENDI% C STATE ENVIRONMENTAL QUALn , REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONSOnIy PART 1 -PROJECT INFORMATION (To be completed by A plicant or PioJect Sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME Robert G. Barbara Robert G. Bombers J.PROJECT LOCATION: Southold, T/O Southold county Suffolk Municipality 4. PRECISE LOCATION: Slreel Addess end Road Inlersecllons, Prominent landmarks etc • or orovtde map Refer to .Building Permit Survey 5. IS PROPOSED ACTION: ®New ?EZpenslon ?MadlBcaUonlelterallon 8. DESCRIBE PROJECT BRIEFLY: Construct one (1) single family residence, garage, and pool. Alternate No. 6 7. AMOUNT OF LAND AFFECTED: Inlllally 0.6 acres Ultimately 0.6 acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ?X Yes ? No I( no, descrlbe brlegy: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many es apply.) Resldenlial ~ Industrial ~ Commercial ?Agrlcullure ? Perk /Forest! Open Space ~ Other (descrlbe) • 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale or Local) NYSDEC -Tidal Wetlands Yes ?No a yes, nsl 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 II yes, Ilst agency name end permf(/ approval: Except tidal wetlands permit for Alternate Plan. 12. AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es Nc 1 CERTIFY• TI1AT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponso• Na a Robert G. Bombers _ 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 K . , Board of Trustees Application Q 1~Y7 Couuly of Hal 5lale of New York Robert G. Boaibara BE1NG DULY SWORN bEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT AI,L STATEMENTS CONTAINED I-IEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE BONE 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 SOUTlIOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNbER OR BY VIRTUE OF SAID PERMIT(S), 11' GRANTED. IN COMPLETING THIS APPLICATiON,1 HEREBY AUTIIOItIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO 1NSPECT THE 1'REMISIsS 1N CONJUNCl'lON WITI1 REVIEW OP 1'II1S AI'I'LICATION. Sigualure SWORN TO BEFORE ME TH1S ~ DAY OF ,Z~L_ CMMeMMb~~~ ~1M4 p . ~ rMwOrowrbw M(Q otary Public Board of Trustees Application AUTHORIZATION (where the applicant is not Che owner) I, Robert G. Bombara residing at 98-16 163rd Avenue, (print owner of property) (mailing address) Howard Beach ~ NY 11414 do hereby authorize YO~9 & Young , (Agent) ATTN: Thomas C. Wolpert, P.E. and/or the Law Office of Peter S. Danowski,Jr. to apply for permit(s) from the Southold Board of Towu Trustees on my behalf. (Owner's signature) Rob/ert G. Bombara f` Ow er s s• e) Margaret M. BombaRA APPLICANT/AG>;NT/I2)JPIiGS);NTATI V l; TRANSACTIONAL DISCLOSUR)i FORM t ue ~ own ur aouhoid s Code of Clhic prohibits cou0icls of inleresl on the Dart oC town officers a_nd emolovees. The oumose4( this loon i to provide infonualiou which can alert the town of oossrble conBtcls of uuerest end allow rl Io take whatever acumr is necessary to avoid same. YOUR NAME: BO[hrJaGHi Robsrt__~:_'~. (Last name, first name, middle initial, unless you are applying iu 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) Tex grievance Building Veriance Trustee Change of Zone Coastal Erosion ' Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) TOWri BOdTCl 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 inleresl" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) n corporation in which the town oRcer or employee owns more Than 5% of the shares. NO X YES If you answered "YES", complete the balance of this loon mrd dale euJ sign where indicated. Nome of pereon employed by the Town of Southold Title or position of that person Uescribe the relationship between yourself (the applicanUagenUrepresenlalive) 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 sbares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in anon-corporate entity (when the npplicaul is not a corporntion); C) an officer, director, partner, or employee of the applicant; or ll) the actual appliwul. DESCRIPTION OF RELATIONSHIP Submitted thi day of _20)?/0 Signature Print Name Rnhcrl• r aYa Form TS 1 .a S { ~ F 1W Y+ ~f1 ;ri ~ v y si ~ f .'*.~r .n ~?k ~t~~I~Yi~tYy ~ir i~~r ':,F1~~4r~tY r..ut 4 ~hC 4 ~l: 'i t. ~G~"Mr4 ?lr PHOTO NO. t ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:26 A.M. ~ ~ 11 ~ i7 m p r 4 r ,(r G~ ~ yr ¢x•-,15 t~i '~5 t ,1 ~ ;Y, f ~ PHOTO NO. 2 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:26 A.M. ~~et F t _ w~, lI'~ t - 4y ~ ~ c { ~ { 4 t,~ ~t4 itt+~5 ,"~d„HS~,aw,~ ~y '~~f~"'n Y. . ~.~C~ s] FA _ m",'; ;~i,~. PHOTO NO. 3 ROBERT G. BOMBARA AT SOUTHOLD, T/0 SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. ,i j ~ ~ ~S1;iia ~ f e r PHOTO N0.4 ROBERT G: BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:27 A.M. -r- ~ryj,i~'~~~s4t F ~f ~ r31 ~'[~a'1 ' 1° 1, `j~ ~ ~ t j b! ~ r I `r 1 ~ y~ ~~C t jYl' 1 ^y~f Lt.~ ti' yhh ~ i i t( 1 .2 PHOTO NO. 6 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 73, 2006 6:29 A. M. ii •',i "I'r , LaR`5 ' ,s+j ~.a r whry !flc f { 1 r C11t <1~Ja 91 ~i 4'R.?Y 1 It y,ll Y71~,1 P,~~ 1~ `,1 ~,.N ,5.. i~ ~`a ~ ~ ~ PHOTO NO.B ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:29 A.M. s. ,1 i Town of Southold LWRP CONSISTENCY ASSESSMENT TORM A. INSTRUCTIONS 1. All applicants for pcrmits* including Towu 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 infonuatimt used by a Town of Southold agency in making a detenuination of consistency. *Except minor exempt actiars including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt tniuor action list, policies and explanations of each policy contained in fire Town of Southold Local Waterfront Revilalizatiou Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Towrt). 3. If any question in Section C on this form is answered "yes", then lire proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detenuination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action carmot be certified as consistent with fire LWRP policy standards attd 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 (southoldlown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION Op' SITE AND PROPOSED ACTION SCTM# 1000 54 - 4 - 19 The Application has been submitted to (check appropriate response): 'Ibwn Board © Planning llcpt. ~ Building Dept. ~ Board of Trustees L Category of Town of Southold agency action (check appropriate response): (a) Acliou wtdertaken directly by Town agency (e.g. capital ?r construction, plamting activity, agency regulation, land transaction) (b) Finutcial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct one (1) single family residence, garage, pool and associated water supp y and sewage d>sposa act sties. Location of action: North Sea Drive. approx. 1,675' east of Kenney's Road (adjacent Si/eacreage; 24879 sq. ft. or 0.6 acre Present land use: vacant R-40 Present zoning classification: 2. If all application for the proposed action has been filed with the Town of Southold agency, the following infonnatiou shall be provided: (a) Name of applicant: Robert G. Bombara (b) Mailing address: 9H-16 163rd Avenue Howard Beach, New York 11414 (c) Telephone number: Area Code ( ) 71 A aa~-a~R'~ (d) Application number, if mry: Will the action be directly undertaken, require fwlding, or approval by a stale or federal agency? X NYSDEC -Tidal Wetlands Permit Yes ? No ? if yes, which stale or federal agency? DEVELOPED COAST POLICY Pulicy 1. Toster a pattern of development iu the'Pown of Southold that enhances commw~ity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 fur evaluation criteria. 0 Yes ? No ? (Not Applicable -please explain) All ro sed construction is situated more than 160' landward of the landward limit of hinal wPYlannra Tha rnrx aai first flnrr of tha Avallinr3 ira 1R 00 i rpryfprm~nro wi FF17A i Allach additional sheets if necessary Policy 2. Protect and preserve historic a?td archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes 0 No ©(Not Applicable -please explain) ~i 1 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 ?x Yes ? No ? Not Applicable e er o o ioy reaponee Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosio?t. Sec LWRI' Section III -Policies Pages 8 through 16 for evaluation criteria X Yes ~ No ~ Not Applicable Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through Zl for evaluation criteria 0 Yes ? No ?NotApplicable Refer to Pol cl' response; propos met o water aupp y is via connec ion to existing water main adjacent to property. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Towu of Southold ecosystems including Significant Coastal Fiah and Wildlife Habitats and wetlands. See LWRP Section IH -Policies; Pages 22 through 32 for evaluation criteria. ? ? • Yes No ,Not Appllcnblc 1 I Refer to Policy 1 re.9ppnse Attach additional sheets if necessary ' Policy 7. Protect and improve air quality in the Town of Southold. See LWItP Section III -Policies Pages 32 through 34 for evaluation criteria. ? Yes ? No X? Not Applicable Attach additional sheets if necessary Policy 8. Minimize enviroumental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No 0 Not Applicable PUIILIC COAST POLICI);S Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 4G for evaluation CI'IteYIA. ? Ye~ No 0 Not Applicable Attach additional sheets if necessary Policy 10.'Protect Southold's water-dependent uses and promote silh?g of uew water-dependeut uses is suitable locatta~s. See LWItP Section III -Policies; Pages 47 tlu•ough 56 for evaluation criteria. ? Yes ? No ®(Not Applicable -please explain) Attach additional sheets if necessary Policy 11. Pro?uote sustainable use of living marine resources iu Long Island Sound, the Peconic Estuary and Town waters. See LWI2P Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Ycs ? No ©Not Applicable -please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111-Policies; Pages G2 through GS for evaluation criteria. ? Yes ? No © Not Applicable -please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and ~evelopmeut of energy and mineral resources. Sce LWI2Y Section Ill -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No © Not Applicable -please explain PREPARED BY Thomas C. Wolpert~ P.E. TITLE Agent for Applicant DATE 07/02/10 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03647 PERMIT Under the Environmental Conservation Law ECL ~ Permittee and Facility Information Permit Issued To: Facility: ROBERT G BOMBARA BOMBARA PROPERTY 98-16 163RD AVE NORTH SEA DR~SCTM# 1000-54-04-19 HOWARD BEACH, NY 11414 SOUTHOLD, NY 11971 Facility Application Contact: YOUNG & YOUNG 400 OSTRANDER AVE RIVERHEAD, NY 11901 (631)727-2303 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 713.8 NYTM-N: 4549.86 Latitude: 41°04'18.9" Longitude: 72°27'18.7" Authorized Activity: Construct single family dwelling, driveway, swimming pool and patio. Install sanitary system. All work must be done in accordance with the plans prepared by Howard W. Young last revised July 2, 2009. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-03647/00001 New Permit Effective Date: 10/20/2009 Expiration Date: 10/20/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, al? applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS .SLR SUNY @ STONY BROOK~50 CIRCLE RD STONY B~jROOK, NY 11790 -3409 J Authorized Signature: ~o-!~!~~~E Date Page 1 of 6 LAW OFFICES PETER DANOWSKI, ~1R. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (637)727-4900 FAX (631) 727-7451 JOHN P. TAGGART, ESQ. E-Mail: pdanowski®tlanowskilaw.com jtaggart ®danowskilaw.com November 12, 2008 Board of Trustees Town of Southold 53095 Main Road, Box 1179 ` - Southold, New York 1 1 97 1-0959 Attn: Lauren Standish Re: Robert F. Bombara - 1725 North Sea Drive, Southold SCTM#1000-54-4-19 Dear Lauren: Please note that I will need two (2) complete copies of the Town's file regazding the above. One will be delivered to the Town Clerk's Office for their consideration of the administrative appeal being filed. The additional copy is for my records. My copy is not as urgent, but since the Town's form for filing the appeal includes a notation that a copy of the record must be included, it appears I must make this request of your office. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg O~~OF SO~ryo! ELI7.ABETH A. NEVILLE, RMC, CMC ~ ~ Town Hall, 53095 Main Road TOWN CLERK ~ ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS H ac Southold, New York 11971 MARRIAGE OFFICER ~ • ~O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ~ Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ~CDUn ~ ~ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 5, 2008 Pete Grannis, 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 Corcoran. 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 I , _ _ Town Of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 12/05/08 Receipt#: 31119 Transaction(s): Reference Subtotal 1 1 Application For Appeal Bombara $250.00 Check#:19733 Total Paid: $250.00 Name: Bombara, Robert G. 98-16 163rd Ave Howard Beach, NY 11414 Clerk ID: LINDAC Internal ID: Bombara i i Neville, Elizabeth From: Corcoran, Kieran Sent: Friday, December 05, 2008 12:45 PM To: Neville, Elizabeth Subject: RE: Bombara administrative appeal Betty, this appeal may be accepted. Please distribute a copy to the commissioner of the DEC as per Chapter 111. The Town Board will need to set a hearing date for the appeal. Thanks. Kieran From: Neville, Elizabeth Sent: Wednesday, December 03, 2008 4:24 PM To: Finnegan, Patricia; Corcoran, Kieran Cc: Krauza, Lynne Subject: FW: Bombara administrative appeal Hi All, still have this application and check in my safe. Did you send a reply to my office yet? Please advise. Thank you. Betty Elizabeth A.Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Te1631 765-1800 Fax 631 765-6145 From: Neville, Elizabeth Sent: Thursday, November 13, 2008 1:37 PM To: Finnegan, Patricia; Corcoran, Kieran; Krauza, Lynne Subject: Bombara administrative appeal «File: Administrative Appeal.tif» Pat, Kieran, Lynne, I received this late yesterday afternoon. I placed their $250.00 check in my safe and had Stacey scan it into laserfiche so that I could send it to you for review before accepting it. Please advise of your findings. Thank you. Betty Neville Elizabeth A. Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Te1631 765-1800 Fax 631 765-6145 1 O r LAW OFFICES RECE1VcD PETER S. DANOWSKI, JR. /5`P/z7 676 ROANOKEAVENUE RIVERHEAD, NY 11901 N01~ ~ ~ ZOCS (631) 727.4900 ,may FAx (s37j 7z7-last SoutF„iJ Town C)ark / JOHN P. TAGGART, ESO. E-Mail: pdarwwski®danowskilaw.com jtag0arl®darwwskllaw.com November 12, 2008 Southold Town Boazd 53095 Main Road, Box 1179 Southold, New York 1 1 971-095 9 Re: Robert F. Bombara Proaerty Dear Sir or Madam: I enclose administrative appeal papers with regazd to an application on behalf of Robert G. Bombaza, requesting a wetland permit and coastal erosion permit to construct a single family dwelling, detached garage, pool and associated water supply and sewage disposal system to be located at 1725 North Sea Drive, Southold, NY, Suffolk County Tax Map No. 1000 - 54 - 4 - 19. My client was initially denied a permit without prejudice. The requisite Notice of Appeal was duly filed and my client re-submitted three alternate plans for consideration by the Southold Town Board of Trustees. This latest application was verbally denied without findings on October 15, 2008. Thereafter, written doctunentation was received by mail on November 3, 2008. Enclosed is a standazd one page form supplied by the Town of Southold with regard to the appeal. This letter supplements this form and should be made part of the appeal. I have asked that two complete copies of the entire record be provided as is noted in the enclosed letter. One copy should be delivered to the Town Clerk pursuant to Town regulations. I had previously made the same request on filing the initial administrative appeal from the first decision rendered by the Board of Trustees. Made part of the record are the entire files related to other applications filed along North Sea Drive. These files verify that the Board of Trustees has previously granted coastal zone management permits which allow for the construction of improvements on properties similazly situated to that of Bombara. In at least one instance a residential home and improvements were constructed after a total demolition of any existing structures. Comment will be made on some of these applications. The applicant herein has no objection to those previous applications having been granted and, in fact, supports the _ Z" Y Southold Town Board Page 2 November 12, 2008 granting of those applications, which have resulted in the construction of larger and more beautiful homes, which are an asset to the community. Those filed applications and permits granted recognize that there has been no erosion to the beach front area and, in fact, proof has been submitted to the Boazd of Trustees on eazlier applications and on the instant application to prove that the beach azea has actually accreted, rather than eroded over a more than 40 year period. This factual determination is important as the avowed purpose of the coastal zone erosion statute is not to prevent the construction of homes and improvements, but rather to protect these improvements in areas where coastal erosion has scientifically been proven. The mere placement of a line on a map by the State of New York does not confirm the existence of erosion to this segment of beach front area. No less than four experts have submitted proof with regazd to this issue and other environmental concerns. Their reports have been made a part of the record. Their "curriculum vitae" has also been provided. Supplied with this letter aze highlighted responses from these individuals. This testimony should have come as no surprise to the Board of Trustees, in that similar proof has been supplied to the Trustees in the past, which proof has been made part of the record. I make specific reference to the verified affidavit of John Ehlers, licensed land surveyor and written comments contained in the "Betsch" file as submitted by Mr. Betsch's counsel, Tracy Karsch Palumbo, Esq. of the firm of Twomey, Latham, Shea & Kelley, LLP. I would also note that the alternate plans, including specifically altemate plan No. 3, downsized the building, moved the garage into the residential structure, placed the house on pilings, placed the residential home a distance of as much as 157 feet from the tidal wetland, the Long Island Sound. Placement of the house this distance is beyond the 100 foot distance referenced in tidal wetlands permits and coastal zone erosion management permits issued to other home owners along this same stretch of roadway. I highlight some of the applications and decisions rendered in that regard and refer the Boazd to the entire record of these applicants that have been made part of the record upon stipulation by the Town. As has been pointed out in the past, the Town's own regulations by definition limit the beach area to a 100 foot distance from a marked physiographic change. Since the applicant has moved all improvements beyond the ] 00 foot beach azea with regard to each of the now total of four (4) alternate plans, a permit should have been either not required or granted. During the pendency of the Bombara application, the adjacent neighbor to the West was granted a permit for an addition to his residential structure. The granting of this permit is fully supported by the Bombaras. See application of Steven Tenedios, which application was carried on the agenda on various dates when the Bombaza Southold Town Board Page 3 November 12, 2008 application was pending. There has been no opposition from Mr. Tenedios to the Bombaza application. It should also be noted that the local waterfront revitalization program reports have almost unanimously rejected the recommendation of approval for wetland and shoreline applications. Despite these form recommendations, the Board of Trustees in the past has correctly voted approval of applications, despite these LWRP reports. In fact, it has been commented on, that few, if any, applications wilt ever qualify for recommendations of approval. As is stated in the Dru Associates, Inc. document made pazt of the record and included with this letter appeal/variance, the permit issuance standard set forth in 6NYCRR Part 505 and the Town Code provisions have been met. Reiterating what was stated at the conclusion of Dr. Abrams' report. The activity is reasonable and necessary considerine reasonable alternatives to the proposed activiri and the extent to which the proposed activity requires a shoreline location The land owner has no other property in the Town to construct a waterfront home. The activity will not be likely to cause a measurable increase in erosion at the proposed site or other locations. The site does not contain a physiography that is subject to erosion since there is evidence of recent accretion of sand and the sand ridges demonstrate stability, and the neighbor's home site on similar ground does not show evidence for erosion impacts. The activity prevents if possible or minimizes adverse affects on natural protective features and their functions and protect values as described in Section 505.3. The natural protective features of beach and sand ridges are stable and their protective functions will not be altered by the proposed development. The site does not support sienificant fish and wildlife. nor is it a host site for shoreline bird breedin or any other threatened or endangered species 1n conclusion, the issuance of a permit for development of the Bombara Lot is compatible with both CEHA and Tidal Wetlands protection, since the resources protected by either of these programs will remain unaltered by the proposed home and accessory uses. Also, it is the applicant's position there should not have been the necessity of filing an application for a coastal erosion management permit, in that the project activity is all located beyond 100 feet from the Town defined "beach" azea. However, inasmuch as a building permit would not issue, the Town's required application forms were submitted For issuance of a tidal wetlands permit and a coastal erosion management permit. The proof in support for the issuance of a permit had been provided to the Board of Trustees and this appeal asks that the Town Board determine that a permit should have issued. T Southold Town Board Page 4 November 12, 2008 Alternatively, if the Board finds that there was jurisdiction to consider an application for a permit but that the Boazd of Trustees did not have the power to issue a permit then the applicant would request a variance or waiver from the Town Code provisions. Certainly, if strict application of Town Code requirements prevent the issuance of any permit, this determination by itself causes practical difficulty or unnecessary hazdship and the Town Boazd is empowered to vary or modify any such restriction or requirement. Pursuant to New York State enabling legislation the following criteria are met: 1. No reasonable prudent alternative site is available. The applicant owns no other property in the Township. 2. All reasonable means and measures to mitigate adverse impacts on natural systems and the functions and protective values described in the State enabling )e islg ation and the Town Code provisions have been incorporated into the proiect's desien and will be implemented at the devel~er's expense. The developer, as indicated in alternative plans submitted that he will build the residential structure on adequately anchored pilings such that at least three feet of open space exists between the lowest horizontal structural members, e.g. floor joists, and the surface of the land. The space below the lowest horizontal structural members could be left open and free of obstructions. Additionally, the land owner has agreed to move all construction activity more than 100 feet from the mean high water mark of the Long Island Sound and agreed to re-vegetate or supplement any areas outside the construction activity envelope. 3. The development will be reasonably safe from flood and erosion damage As evidenced at the public heazings with submission of documentary proof no long term erosion has occurred for over 40 years. In fact, there has been accretion at the site. There has been no damage noticed on any neighboring properties which have residential improvements thereon and in fact the Boazd of Trustees have granted relief and the Town Boazd has at least on one occasion granted necessary relief for the construction of a replacement home in a larger building envelope than previously existed. 4. The variance recuested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for requesting it. The home has been moved as to location. It can be built on pilings with supplemental landscaping. The size of the home has been reduced. The garage has been incorporated into the residential building envelope. The swimming pool location has been moved and the swimming pool has been reduced in size. Southold Town Board Page 5 November 12, 2008 5. No public funds are being utilized. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED cc: Robert Bombara 1, TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE NovemhPr t 20pg Fee: $250.00 NAME OF APPLICANT: Robert G. Bombara ADDRESS: 98-16 163rd Ave., Howard Beach, NY 11414 AGENT: mhc~maa F Wo;;gerf, P Fes, oung. & Young- Peter S. Danowski,Jr.,ESq. DATE OF DECISION APPEALED FROM Verbal decision: October 15, 2008; Written resolution received b ma'1. ~~77 vember 3 2008 SPECIFIC CHAPTER/SECTION INVOLVED yChap~er 11Q; 111-6; 1~1-12 THE ALLEGED ERRORS 1N THE DETERMINATION ARE: Development prohibited in area proposed, Factually, no proof of erosion for in excess of 40 year period. In fact, proof of accretion. INTERPRETATION THAT IS CLAIMED TO BE CORRECT: No erosion; issue permit with reasonable conditions as depicted on any of alternate plans submitted; more than 100 feet from Long Island Sound and beyond beach. RELIEF SOUGHT: Issuance of permit as proposed on any of clans submitted. * COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL ~ c,~~ SIGNATURE OF APPLICANT THOMAS E. WOLPERT, P.E. ROBERT G. BOMBARA LAW OFFICES PETER S. DA NOW SKI, .JR. 616 ROANOKE AVENUE RIVERHEAD, NY 17901 (637)727-4900 FAX (631) 727-7451 JOHN P. TAGGAR7, ESO. E-Mail: pdanowski®tlanowskilaw.com 1~99art ®tlanowskllaw.com November 12, 2008 Board of Trustees Town of Southold 53095 Main Road, Box 1179 Southold, New York 11971-0959 Attn: Lauren Standish Re: Robert F. Bombara - 1725 North Sea Drive, Southold SCTM k1000 - 54 - 4 - 19 Dear Lauren: Please note that I will need two (2) complete copies of the Town's file regarding the above. One will be delivered to the Town Clerk's Office for their consideration of the administrative appeal being filed. The additional copy is for my records. My copy is not as urgent, but since the Town's form for filing the appeal includes a notation that a copy of the record must be included, it appears I must make this request of your office. Very truly yours, ~i'1~.. PETER S. DANOWSKI, JR. PSD:gsg r i i I r.-- - s PJ Y - ti S _@ lF • Y w._ James F. Kin President g, ~pF SOOj~, Town Hall Jill M. Doherty, Vice-President ~0~ 53095 Route 25 Peggy A. Dickerson i. P.O. Box 1179 T Southold, New York 11971-0959 Dave Bergen en C ~ p Telephone (631)765-1892 Bob Ghosio, Jr. ~ Fax (631) 765-6641 ~'~~OUNI'f,~ BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD October 15, 2008 Peter S. Danowski, Jr., Esq. 816 Roanoke Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 7725 NORTH SEA DRIVE, SOUTHOLD SCTM# 544-19 Dear Mr. Danowski: The Board of Trustees took the following action during its regular meeting held on Wed., October 15, 2008 regarding the above matter: WHEREAS, Peter S. Danowski, Jr., Esq. on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated July 6, 2007, and, WHEREAS, said application was referred to the Souihold Town Conservation Advisory Council and the Locat Watertront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Southold Town Conservation Advisory Council provided a written comment to the Southold Town Board of Trustees which stated, due to the location of the Coastal Erosion Hazard line being landward of all proposed activities, a full review of the application cannot be conducted at this Time, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1-Minimize loss of human life and structures from @ooding and erosion hazards, Policy 4.2 -Protect and restore natural protective features, -Policy 6 -Protect and restore the quality and function of the Town of Southold ecosystem, -Policy 6.3 -Protect and restore tidal and freshwater wetlands, and, WHEREAS, a site visit of the property was conducted on October 17, 2007 and in attendance at the site visit, among others, were representatives of the Town of Southold Board of Trustees, LWRP Coordinator Mark Terry and New York State Department of Environmental Conservation's Environment Specialist Robert McDonough, which confirmed that the proposed actions were entirely located seaward of the Coastal Erosion Hazard tine and within a primary d~~rS i t 2 dune, and a primary dune is a natural protective feature, as defined in Chapter 111-6, and governed by Section 111-13, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said applications on August 22, 2007 and October 15, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board of Trustees of the Town have personally viewed and are familiar with the premises in question and the surrounding area regarding the location of the proposed development, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposed structures, as applied for, are located on the natural protective feature of a primary dune as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by Section 111-13, which prohibits all activities in such an area unless specrFically provided for in Chapter 111, and, WHEREAS, the Board has determined that the structures, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the Town, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and because the proposed actions are located entirely within the coastal erosion hazard area and the primary dune, a natural protective feature, and because the proposed actions are not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Board of Trustees deems the proposed project to be impermissible under Chapter 111 and Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the scope and location of the proposed structures, and overall impact of the proposed project on the tidal wetlands, and the furtherance of the policies cited by the LWRP Coordinator, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of ROBERT BOMBARA to construct asingle-family dwelling, detached garage, pool and associated water supply and sewage disposal facilities, and as depicted on the surveys prepared by Howard W. Young dated February 9, 2007, labeled Alternate 1, Altemate 2, and Alternate 3. This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, ^ ~ 'c/ i M. Doherty, Vice-Presi nt and of Trustees JMD: Ims ' 2ec~d Yr 7 /5-7 James F. I{ing, Yresideut ~~~OF sn(/Tyo Towu 4lall Jill M. Doherty, Vice-Yresideut ti0 53095 Ruute `L6 y P.O. Box 1179 Peggy A. llickerson '7l" Southold, New York 11971-0959 Dave Bergen Bob Ghosiu, Jr. ~p ~ Telephone (63l) 705-1A92 lyC,oU~'a~ Fax (631) 765-6641 BOARD OF TOWN'I'RUSTEES December 13, 2006 TOWN OF SOU4~HOLD 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 1N,`2006 regarding the above matter: rt , 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 Reviialization 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 LW RP 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 t t sianway nom wp u~ me ouiKneaa io lower dock, and replace the 5'X 14.5' decked dock. Located: 12832 Main Rd., East Marion. SCTM# 31-14-15 13. Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO DUNNING requests a Transfer of Wetland Permit #6257 and Coastal Erosion Permit #6257C from Patricia Scott & Richard Terry to Susan Magrino Dunning, and aOne-Year Extension to Wetland Permit #6257 and Coastal Erosion Permit #6257C, as issued on December 21, 2005. Located: 925 Stephenson's Rd., Orient. SCTM#17-1-2.1 V. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAYBE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF. FIVE (5) MINUTES OR LESS IF POSSIBLE COASTAL EROSION & WETLAND PERMITS 1. Patricia C. Moore, Esq. on behalf of STEVE TENEDIOS requests a Wetland Permit & Coastal Erosion Permit to renovate the existing dwelling, new second floor, replace decks, and convert existing dwelling to garage. Located: 1625 North Sea Dr., Southold. SCTM#54-4-18 2. Young & Young on behalf of ROBERT,G. BOMBARA requests a Wetland Permit and Coastal Erosion Permit toconstruct asingle-family dwelling, detached garage, pool and associated water supply and sewage disposal system. Located: 1725 North Sea Dr., Southold. SCTM#54-4-19 POSTPONED 3. Catherine Mesiano, Inc. on behalf of EMMANUEL & CATHERINE ZARBIS requests a Wetland Permit & Coastal Erosion Permit for the as-built splash pad approx. 6'X 102' with small stone approx. 2" deep over filter fabric; as-built retaining wall approx. 102'LX 1'D X 15"H dry-stacked, constructed of 1 course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap; 8000 beach grass plugs planted approx. 1'on center in mesh cloth over face of bluff, approx. 100'X 100'; and inkind/lnplace replacement of pre-existing 4'X 72' wood steps and 5'X 12' wood landing (top), 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) and 6 steps to grade. Located: 2505 Soundview Ave., Mattituck. SCTM#94-1-12.2 POSTPONED 4. YAN RIEGER requests a Wetland Permit and Coastal Erosion Permit to construct alow- profile bulkhead using vinyl sheathing, a 12' X 32' platform and 4'X 18' catwalk. Located: 370 Harbor Rd., Orient. SCTM#27-4-6 POSTPONED gUFFO~,~ Albert J. Krupski, President O~ COG Town Hall Jemes King, Vice-President ~ 1'~ 53095 Route 25 - Artie Foster - P.O. Box 1179 q 2 Southold, New York 11971-0969 Ken Poliwoda ~v At Peggy A. Dickerson ~~j' ~ O~'~ Telephone (631) 766-1892 ~C•(# `1a Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 16, 2005 John F. Betsch 3 Wincester Lane, Huntington, NY 11743 RE: JOHN BETSCH 2325 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-24 Dear Mr. Betsch: The Board of Town Trustees took the following action during its regular meeting held on Wednesday February 16, 2005 regarding the above matter: WHEREAS Land Use Ecological Services, Inc. applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 17, 2003, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 16, 2005 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, ,Z RESOLVED, that the Board of Trustees approve the application of JOHN BETSCH to construct a new single-family dwelling and garage, in place of existing, to be built on pilings, with the conditions that there be no turf on site and that the dune seaward of the house be restored to the height of the existing dune to the west and planted with Beach grass (Ammophila breviligulata) on 12" centers at the completion of construction, with no disturbance of the existing beach vegetation seaward and east and west of the existing house and all as depicted in the plan surveyed by John C. Ehlers last revised 3- 17-05. The primary dune area seaward of the house will be planted property line to property line. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: $100.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/hct ~i `,M,. d Board Of Southold Town Trustees - nnSO~~U//THOLD, NEW YORK ` PERMIT NO...~~/.$-..1-.. DATE: Feb.,. .16.,._2005 f• + JOHN BETSCH ' ISSUED TO ,2lUt~I1Ct~Mfti111 _ . . Pursuant to the provisions of Chapter 615 of the Lews of the.Stete of Now York, IB93; and Chapter 444 of the Laws of the State of New York 1952: and fhe Southold Town Ordinance en• ti4led ~"REGULATING -AND THE:PLACING.OF: OBSTRUCT~NS IN AND ON TOWN WATERS AND PUBLIC- LANDS end fhe REMOVAL OF SAND, GRAVEL OR OTHER MATERIAIS..F$OM LANDS UNDER TOWN WATERS;'. and in accordance with 'the Resolution of The Board adopted at a meeting held on .._Feb. 16,.. 2005 end in consideration of fhe sum of f.15o,,(~p.,,.,...,. paid by John Betsch of ........_Sou.thold....._._. N. Y. and, subject to, the Terms end Conditions listed on the reverse side hereof, of Southold Town Trustees euth~rues and oermits +hA fedowina~ Wegand permit to construct a new single-family dwelling and garage, in place of existing, to be built on pilings, with the conditions that tlrere be no lurt on site and that the dune seaward of the house be restored to the height of the exisgng dune to the west and planted with Beach grzss (Ammophlla breWligulala) on 12' centers al the completion of construction, with no disturbance of the existing beach vegetation seaward t and east and west of the existing house and all as depicted in the plan surveyed by John C. Ehlers last revised 3-117-05. The primary dune area seaward of the house will be dented pr rt line to ropeny line. eU in accordance with The detailed specifics tons assented m .the originating appgcetion. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, end these presenk to ba sulisen'bed by e'mejority of the said Board .as of this data. Sg,vfFO(~- , a o ~ ~ - - Pepgy 1)ickrrson-- ~ ~ Artie Foster O~l J~l - Trwker r„ 1 F~ . • 541R1/EY OP PROPERTY " • 51TUATE15017fHOLD w~e TSUF~OLK foUN7Y, NY s 5uzveYEO w-lo-o] a'ap RaeIDR o5-o9-0s AMENDED OI-Il-03 WINTER TOPO O]-0]-04 DEL HIGH WATER O]-11-04 Tes[ Hole TRUSree9 REVI510N5 03-OI-OS 5-31-03 IO GO A M. SGTA 1000-`A-4-]4 EL=O ]5' 5UFF0.K l.QJNTY HEALTH DEPT./ O.O' REF. II RIO - 03 - 0109 ®nv~m / lrnnl RS18Cli clew x~d R, / / //pfd / / iii ~ \~~Nps °nq,'<st wole~ a ~,e / r~ ~ .may M ~ / /.d'i \ \~+e s Sand /f / ~ ~`dJ / J i / - - c\L..~ \ a e~\ \ ~ IP' YI. i / ! 'p ari ~ ~ al,p i o T~_.. ~ ` e ~ fi I y ~~y P J` ~Y ~~~0,4 5 D~ / YQ/ .a'' f~ 5~~~/ ~ p~~~ItlE D 2 2U05 ~~'~u ^ ' MAN - x9. ~ a nw~ PRlJ1'OSED SEPTIC SYSTEM VETAII. Nor ro rnLE . 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WLYIIU4:xnntz•.ic~ I~YkL`nlmnco COUNTY IWL1W NNn[.Nr Pr].GM IIA IDIIVCIJI(N.CNIC4 TV'AAif.IN51VH AVE Luxu Pewu, NV ~Nnownrw[, xY.mlr JOO MO. iLLLP110lIL-MLLil40tll ~.1.3.I rwA~nxl-ers.A+: JDIIN P, ~poLONeS n. ecrscN - 1 TWOMEY, LATHAM, SHEA & KELLEY LP ~L.i. ATTORNEYS AT LAW THOMAS A. TwOMEV. JR. 33 WEST SECOND STREET ~ (~EA6T AMpTON OFFICE STEPHEN B. LATHAM P. O. BOX 9388 O MAIN STREET JOHN F. SHEA, III RIVERHEAD, NEW YORK 11901 t EA6 HAMPTON. N.Y. 1193] CHRISTOPHER O. KELLEY IB]I) 321.12°0 MAUREEN T. LICCIONE OAVIO M. DUBIN O TELEPHONE: (8311 727-21 BO SOUTHAMPTON OFFICE P EDWARD REALE FACSIMILE: (831) 727-1767 51 HILL STREET PETER M. MOTT SOUTHAMPTON, N.V, t198! 8U2ANNE V. SHANE 169r) 26]~OOBO JAY P. OUARTARAROr www.aulfolklaw.com JANICE L. 8NEA0 PORT JEFFERSON OFFICE MARTHA L. LUFT t°6 MAIN STREET JANE DIOIACOMO PORT JEFFERSON STA., N.Y. nn6 PHILIP O. NYKAMP CI7(~SUltOlt(t3W.C In (6]I) 928-sap0 oP coonslL ~ BAY SHORE OFFICE KENNETH P. LAVALLE ONE EAST MAIN STREET. SUITE 1 JOAN C. NATFIELOA D ~ ~ .--~---r^ ~ : (631j 7Z7-2385 BAV BMORE N.Y, rl]00 ALICIA 6HEEHAN O'CONNORA ELENA L. TOMARO q 1831) 8858300 ANNE MARIE OOODALE MAY 2 6 2004 Xt. Glb HAUVPAUOE OFFICE DENISE R. BCHOEN A°D TOWNIINE ROAD LAURA I. 60UAZZINA HAUPPAUGE. N. V. 11 ]!B MARTIN D. FINNEOAN° 1831) 285~t01A TRACY KAR6CH PALUMBO BRYAN C. VAN COTT1 Southold Tawo °N..L Board of trustees ay 25, 2004 ' ` wR9 ,,.y~~ ~ Nv 1 NJ °AR9 Via Facsimile and Hand Deliveru `L " t t IL Mr. Albert J. Krupski, Jr., President /L{ _ Board of Trustees ~'1 " Town of Southold ~ ~ , r` P.O. Box 1179 ~ ~,~Q- 53095 Main Road 1-1 Southold, New York 11971 ~ ~~v~ i RE: Application of John Be sch, 1 ~ jr.~` t L ~ 2325 North Sea Drive, Southold, NY ~ . / /~l,- ~f1..- dj Dear Mr. Krupski & Members of the Board: -3 L~~ ~-Y This letter is submitted in further support of the a ove-referen d application wherein Mr. Betsch is seeking a Coastal Erosion Management Perm pursuant to § 37-11 and § 37-12 of the Southold Town Code, to renovate a single- farnily dwelling on the above-referenced property. The existing structure has ground coverage of approximately 1,782 square feet. It is a summer cottage with a garage, deck and patio. Mr. Betsch proposes to renovate his home for year- round use by constructing a 3-bedroom house with a garage and a deck totaling approximately 2,800 square feet which includes a 2-car garage. The proposed new construction will increase the existing footprint by approximately 53%D. At the outset, it is noteworthy that the proposed structure is entirely in keeping with the character of the homes along North Sea Drive, many of which have been renovated or reconstructed in the recent past. The proposed construction is also entirely compliant with the dimensional provisions set forth in the Southold Town Zoning Code and meets and in fact exceeds the FEMA requirements as it will be built on pilings thereby significantly decreasing the actual amount of ground coverage from the existing foundation. In addition, as the Board is aware, the DEC issued a letter of non-jurisdiction on March 4, 2004 May 25, 2004 Page 2 since the proposed construction is to take place in excess of 100 feet from any fresh water wetland. As the Board is aware, although Mr. Betsch would be otherwise able to proceed with the proposed construction as of right, the inexplicable placement of the coastal erosion hazard line along North Sea Drive in the vicinity of the Betsch property implicates this Board's jurisdiction, as Administrator of Chapter 37 of the Southold Town Code, to review the present application. It is respectfully submitted that notwithstanding the comments of Robert McDonough of the Coastal Erosion Management Unit in his letter directed to Mr. Krupski on December 17, 2003, a reconstruction or an increase of 25% or greater in ground coverage is not prohibited and does not rea_ wire a variance under the Town Code. To the contrary, for the reasons set forth below, we respectfully submit that this Board has the absolute discretion and jurisdiction to issue the requested permit by application of the express criteria set forth in § 37-12 of the Town Code to the circumstances presented here. §37-11 of the Town Code, entitled "Permit Required for Regulated Activities' states in pertinent part as follows: "No person may engage in any regulated activity in an erosion hazard area as depicted on the coastal erosion hazard area map of the Town of Southold, as amended, without first obtaining a coastal erosion permit." §37-6 of the'1'own Code define "Regulated Activity" as The construction, modification, restoration or placement of a structure, or major addition to a structure... A "Major Addition" is defined in the same section of the Town Code as An addition to a structure resulting in a 25% or rg eater increase in the ground area coverage of the structure other than an erosion protection structure or pier, dock or wharf.... A review of § 37-11 in conjunction with the aforesaid definitions confirms that the proposed construction by Mr. Betsch of an addition which will increase the ground area coverage by greater than 25%, is a regulated activity for which a permit maybe issued by this Board pursuant to §37-12. The issuance of a Coastal Erosion Management Permit is governed by § 37-12 of the Town Code which states in pertinent part as follows: May 25, 2004 Page 3 A coastal erosion management permit will be issued only with a finding by the administrator that the proposed regulated activity: A) Is reasonable and necessary considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location; B) Is not likely to cause a measurable increase of erosion at the proposed site and in other locations; and C) Prevents, if possible, or minimizes the effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources. It is respectfully submitted that the proposed project complies with all of the above criteria. The proposed construction is reasonable as it is entirely in keeping with the character of the surrounding homes on North Sea Drive and, as stated previously, is entirely compliant with the Town Zoning Code and FEMA requirements. That is, the Betsch's home will be built on pilings which will actually decrease the actual amount of ground coverage. As to whether the proposed construction is necessary, it is obvious that a determination of necessity is largely subjective. While that determination may depend on the varying experiences and preferences of the individual trustees, it is respectfully submitted that the determination of necessity in this context should be evaluated objectively, in the absence of any guidance to the contrary in the Town Code. The proper inquiry, therefore, is whether the proposed construction is necessary for the intended use of the property by the applicant. The existing structure is a summer cottage. The Betschs' seek this Board's approval in order to construct ayear-round residence of average proportions in an aesthetically pleasing design comparable to and in keeping with the character of the homes in the community. As for the second criteria of § 37-12, the applicant submits that there is no indication in the record of this application that the proposed construction will in any way increase erosion in any measurable fashion. Likewise, with regard to the third criteria, although the DEC has not offered any guidance as to why the CEHA line is placed along the edgge of North Sea Drive, or which natural protective feature exists on the Betsch property, it is respectfully submitted that the proposed construction will have no adverse effect on any natural protective feature, their functions or protective values. To the contrary, the applicant submits that the site's natural protective features will, in fact, be enhanced by this project. As the Board will recall from its recent site inspection on May 12, 2004, the Betsch property is flanked to the east by a beach parking lot and to the west by the Pearlstein residence for which a Coastal Erosion Management Permit May 25, 2004 Page 4 was issued in 1997 for an addition which increased the ground coverage in excess of 50% of the then existing footprint. Based on the foregoing, the applicant respectfully requests that the Board of Trustees, as Administrator, issue a Coastal Erosion Management Permit to Mr. Betsch for the proposed regulated activity pursuant to § 37-12 of the Southold Town Code. We remain available, as does Mr. Betsch, to address any remaining questions, concerns, comments or suggestions the Board may have relevant to this application. Thank you for your consideration. Very truly yours, i1 7~ ~cL/~~- TracyQCarsch Palumbo TKP:yq cc: Brownell Johnston, Esq. Mr. John Betsch . ~ ; . ~i .R ~ Board Of Southold Town Trustees ; - SOUTHOLD, NEW YORK q PERMIT NO. ~`S / DATE:...9.-??-99.._ ISSUED TO ._.__.,,$USAN.,TASK.>~.R__. . . .~utl~nrt~tttinrt Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1$93; end Chapter 404 of the Laws of the . . s State of New York 1952; and the Southold Town Ordinance en- p titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;'.'. and in accordance with the , Resolution of The Board adopted at a meeting held on ..9.-Z2.-99._„.,. 19..,.99.., and in consideration of the sum of ~.29Q...-.-._._... paid by ' , ' • En.-Consultants Inc. , for S.U.S!!N _1.A.Sl~ER > `i ' 'li of Gxeenpgrt..,.... N. Y. and subject to the , Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes end permits the following: t 't' Wetland d CEHA Permit to construct a one family dwelling, dec revetment, sanitary syst., bluestone drive., underground utilit., °•.165 c.y. of clean sand trucked in. ~ all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees hsre- by causes its Corporate Soel to be affixed, and these presents to be subscribed by 'e majority of the said Board as of this flats. / ~ , d "rl/1 l~t Trutteet ~'`i s *1, ,t ) ' Albert J. Krupaki, President ~Q$1~FF0(,rC Town Ball James King, Vice-President ,rO 0/j , G3095 Main Road Henry Smith ~ yt P.O. Box 1179 Artie Foster °y = Southold, New York 11971 Ken Poliwoda O ~ ~ Telephone (516) 765-18A2 y~f0! ~ ~~0~ Fax (616) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLI) September 22, 1999 En-Consultants Inc. Roy Haje 1329 North Sea Road Southampton NY 11968 Re: SUSAN TASKER SCTM #44-2-11 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during a Regular Meeting, held on September 22, 1999, regarding the above matter: WHEREAS, SUSAN TASKER, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 3, 1999 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 22, 1999, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project ae proposed will not affect the health, safety and general welfare of the people of the town, .k NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of SUSAN TASKER to construct a one family dwelling, deck, revetment, sanitary system, Bluestone driveway, underground utilities and 265 c.y. of clean sand will be trucked in. Located: 58235 North Road, Greenport. 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. Permit to construct and complete ro ect will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC Dept. of State Bldg. Dept. MEMORANDUM IN SUPPORT OF THE APPLICA'PION OF JOHN BETSCH FOR A COASTAL EROSION PERMIT CONCERNING THE PROPERTY LOCATED AT 2325 NORTH SEA DRIVE, SOUTHOLD, NEW YORK At the request of the Board, we have undertaken to review Section 37-13 (B) of the Code of the Town of Southold (hereinafter "the Code") in conjunction with Section 37-12 of the Code and the within application of Mr. Betsclt for a Coastal Erosion Management Permit to renovate asingle-family dwelling on the above-referenced property. It is our position that Section 37-13 (B) of the Code does not have any bearing on this application for the following reasons. Section 37-13 of the reads as follows: "37-13. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas:... B. The construction of nonmovable structures or placement of major noumovable additions to an existing structure is prohibited." A Sductural Hazard Area is defined in the Code aS: Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one (I) foot or more per year. The inland boundary of a "structural hazard area" is calculated by starting at the landward limit of the fronting natural protective feature and measuring along a line perpendicular to the shoreline n horizontal distance landward which is forty (40) times the long-term average annual recession rate. Emphasis added. To date, no natural protective feature has been identified ou the applicant's property either by the Town of Southold or by the DGC. As such, i[ would be improper to apply this section concerning Structural Hazard Areas, as the property in question has not been identified as a Structm•al Hazard Area. Furthermore, even if a cognizable protective feature could be precisely located, the application of [he formula to calculate where the inland boundary lies requires an analysis by a qualified expert of the long term average recession rate of the shoreline on the Betsch property. To our knowledge, the record is devoid of any such analysis by the Board and therefore, the designation of the Betsch property as a Structural Hazard Area is speculative. Based on the above, it is our position that Section 37-13 (B) of the Code is not applicable to the Board's deciding this application as it has not been determined that the property is located in a Structural Hazard Area. Furthermore, as previously submitted to the Board, the proposed application will have absolutely no adverse impact ou the environment and is entirely compliant with the Town Zoning Code and ~GMA requirements as the structure will be built on pilings which will actually decrease the amount of ground coverage on the property. There is simply nothing in the record which suggests that the proposed construction will in any way increase the rate of erosion on the property. . TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTOPN EYS AT LAW THOMAS w. TWOME V, JR. 33 WEST SECOND STREET _EgST HAMPTON OFFICE STEPHEN 3. LATHAM Mfillln AC(If868: 20 MAIN STREET JOHN F. SHEq, III 8 CHRI6TOPHER D. KELLEV P. O. BOX 9396 EABT HAMPTON, N.Y 1183) MAUq EEN T. LICCIONE PVERHEAO. NEW YORK 17901 leaq az•-+2o0 DAVID M. DUBIN O P. EDWARD REALE TELEPHONE: (831) 72T-2160 SOUTHAMPTON OFFICE PETER M. MOTT FACSIMILE: (631) T2T-1T6T 51 HILL STREET SOUTHAMPTON, N.Y 11988 SUZANNE V. SHANE JAV P. OUARTAR4ROf (gSll 23)-0080 JANICE L 9NEAD wwwsull01k18w.cOm PORT JEFFER8ON OFFICE MARTHA L. LUFT 103 MwIN STPEET JANE OIOIACOMO D la /1 IP ~ ? p r,-+ r^~~ PORT JEFFERSON 9TA., N,Y. 11>)3 PHILIP D. NVKAMP IL}i Illf(" ILL}g V ISp (eat) 926-•a9U m c aFL KENNETH F. LAVALLE -~I BAY SHORE OFFICE JOAN C. MATFIELDp ^/~/1~1 1I ONE EA6T MNN STREET, SUITE 1 ALICIA SNEEHAN O'CONNORA AUG ~ O [UU`' 4~ BAY (B310j 686 aa00 VD6 ANNE MARIE OOODALE LgURA 1. 90UAZZINA HAUPPAUOE OFFICE MAPTIN O. FINNEOAN~ •00 TOWNLINE POAp TRACY KARBCH PALUM30 S9UIIIOId TGWU HAUPPAUOE. N.Y. vTeB BRYAN C. VAN COTT (631) 2631.1• ELENA L. TOMAgO Board 61 Trustees CYRUS O. DOLCE^~ ugus 004 0 ~.J LA 3^R3 1 L e*~oN p N c~Bn As P Nr. NJ. L vA 9^ne Brownell Johnston, Esq., ~ NJ 6AA3 N~ a FL.,g3 Office of the Town Attorney, Town of Southold LL N EBT.,6.,..~,.8 PO Box 1179 53095 Main Road Southold, NY 11971 Re: Application of iohn L3etsch North Sea Drive Southold Dear Mr. Johnston: Enclosed please find two more DEC Commissioner's decisions and an excerpt from the DEC Regulations concerning Coastal Erosion Management, available on the DEC's official website. After extensive research, [was unable to uncover any published "DEC Regs" defining "reasonable and necessary" in considering a Coastal Erosion Permit application. Furthermore, there are no reported Appellate Division, Court of Appeals or lower Court decisions defining "reasonable and necessary" in connection with permit applications. Although the enclused decisions concern wetland permits, they both consider whether the projects were "reasonable and necessary." Please also note that the Susan Tasker application required various variances, was located a1 the Sound, and the applicant had been granted a Coasts! Erosion Management Permit by the Board. 1 trust these will be helpful to the Board in considering the above application, and 1 remain available for any comments or questions that may arise in reviewing the enclosed in preparation for the Hearing scheduled for next week. Thank you. `Jery tr yours, ITr c rs a n TKP/yq cc: John Betsch ` ~~~~,.-fin _ J ~ . ~A-- I I 3 v _~__.-~r I A. Bldg. y,``.. ~ 7s Z 2 - , f Foundation C ~ Both f _ xtension Basement - ?U Floors xtension ~ Fxt. Walls Interior Finish $ xtension Fire Place Hea? / Parch Attic ~QC /O Xd'~"'`~`~.,~k6 l.S .TO Porch Rooms 1st Floor reezewa ~yb ~0'Q ~Lm Patio Rooms 2nd Flaor arage A,~ ~~t~::•-~Y ~;.j ~D,~' Zo-0 DfiVeway . B. L 7 ~ J ~ Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity:~lt~~-lam 4l}b-q I ~~l p4,- °JT_(TL^~Q r~~t~u.~roG Are wetlands present within 100 feet of the proposed activity? No ~ Yes Does the project involve excavation or filling? No X Yes [f Yes, how much material will be excavated? (cubic yards) How much material will be filled? r q (cubic yards) Manner in which material will be removed or deposited:~Tµ~. 1lF-plib rT b~' ~g~; AIl1 n?Q r~r , r_s at »-rr Ftwr~ r 1. rRe~r & r ~ b~ I t= P~-, Ov~'2'r ~fF__&ti ./~~-tzt dSr^1 Ctt~rL~7-1.~4~' rIJ TY-f~'1- .~-K6,}- Describethe nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attaclunents if necessary) r"1-f~ ~ 1~ f+~dti r~ n r ~ac 7'i/~~t~T /r,U 'UZn~f~ _ ~'i rx ' 7~rz,n~-~r r~vn ra-F~ ~F-a p r ~ s~-b `t;{Fr ~c7r-~157~! 67U Y~'E. PJF.4-MCP ! ~ m Q62 ST AC3in~s 'TF/E '~F~-/~ xt~~Ol7 [~~I/.4i Irnt?S Lrn,ycrFTJ il3/'~l lrl/LG ~ /7PPU~t'~ irr~~/~?r-u~c~/Fi4r?cT/~7n~y/}i~ ) /J-r;T !/~/~'r~Q ~'~Vu~ / 7Y'RU / H (T!T A/dt y~~J.~ ~~J //ri.~cE(~. A /h~zRlr- A/.7i4-t1 ;c~ (~-i Ad~y1-y gL~_~ T!-ri~ [ 7/~i• ~ isr ~/'E /'4R.4,4r ~fz~"~'- A/~,h~y~_~E PR.QPC1~ (1 ,~ry~C'.7'C3R,b uric ~k~rPt,t1 /~a17~-I Pr-,t~.,~ Crvr r.+-n~ru~)~ -I /A-lba ly9 T)-Text t2 PROJECT I.D. NUMBER siy 27 S E( Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) t. APPLICANT (SPONSOR 'K{ZPrUK A~O"rEFY2.O {2-~, I 2. PROJECT NAME A~Gt~IF~S2xA- ~Q-oZOcx>7~k-~ '2~erSC ~i $ D rOC~ PROJECT LOCATICO,N: MunldPaI11Y vt,t,~~b(„~, County ~U' ~Q(~ PREGSE LOCATION (Shea! adoresa antl road inlersacllona, prominem lanomanla, ela, or prwioa map) ~ORrri FS EA ~21~ . So~,-~n~n, ~ y . 119 . '~1a1` ~J it=S-•. O~ K1;r~IJ`1~5 ~'L~ , 5. IS PROPOSED ACT~I-O,N/: - - ? New NJ Expanston l1C MoaiticalioNalteratlon 8. OESCAI6E PROJECT BRIEFLY: - T}iE, 117TEU~ 13 "y"O CJt~7ST2l~CT Y} ?.~GUO cam. I.L~ELL.II'JG IA:r PLiFC-1? OF i=ficl`+STtf:JG I~.eo~-ec~L.i1}ucE cotr+t r-El-l h. REGULRrIbI~S. ~ ~Ty. S"~TJ(ZOOM £~I?OGI-r ~A-r~~.L-V .'t,LO~uaL~r~.-r.4~. sr2~7cru2e u9tu, '~E e0 ~s~'R-~ C.-c-~ D pg.~ Lr~[~o'~ ?IUL~~s ~,r; -rp ~+-Ri, 1-ItG+~ tL~~i-rE12 ~~UA-rtblJ c~or.~rob~ 1--Ir:~~S,, 7. AMOUNT OF LAND AF^IFECTE9: /'1 C InillallY u ~~•x acres UIIlmelelY p L /~y acres a. VJIIL PROPOSED ACTION COMPLY WITH 'eXISTING ZONING OR OTNEfl E%ISTING WNO USE AESTRICTIONS? Yes ?NO I/!lo, 'eescnbe briefly 9. VINAT i5 PRESENT LAID USE IN VICINITY OF PROJECT? f ~ ResiUen0a1 ?•!ntluslrial ,n. Commercial ?Agriculture LI ParWFOresUOOen space L.I Otnar Oesc:iba: µ t cH~ ~ a vE~2lcvt•-t, ~cRee.~~-u~ Ba~2~L~a~-t col~,~~--t~v~-o GHRA-GE~ ~A~'ERb~~G .4~GG,, 10. GOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OA ULTIMATELY FROM qNY OTHER GOVERNMENTAL AGENCY (FEOEAAL, STATE OR LOGLI? lea ? No I! Yes, list agency(al anp DermiVapDrrwala 31:x1=cuc cols vey •ae pr. o F •M~a-~T+f. ~.u~. ~.~.c. ~+-~oL. -row a $u~. a..n~ Ir . tl. DOES ANY ASPECT OF THE ACTIOII HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes ~NO 11 yea, Ilat agency name an0 permipa Dproval - - 12. AS A RESULT OIpFp PROPOSED hCTION WILL EAISTING pERMIi/gPpAOVAL REQUIRE MODIFICATION? ?Yes ,c3 No - - - _ I CERTIFY THAT TMe1NFORMATION PROVIDED-AEOVEIS7AUE TO THE BEST OF MY KNOWLcOGE --ADDlicantlSPOnsor name A~I~iE `3ZKA- ~~~~~~1=1>< Gple: SlgnaWr<: If the action is in the Coastal Area, and you are a state acency, complete the Coastal Assessment Form heiore proceeding with this assessment OVER t ~ - ~~v~~/• 4 [[n ~ t~ y4~ y _ ~ - fi . ~ s ~ e~` ~ ern ri .N^,~ ~ ~ z r , q sf 4..~ t t . h ~ F. Pietd Inspection 11/11/03 ' • , ~ ~ ~ r~x fA ' ~ G M ~a~ j' IY~` ~ ~ y~fi ,i ~ 4h3. i~ VuJt ~ FI F J'J~ ~ p~ ~A~"~ ~ 4 "Ir` y ~ - S 1~} ~ ~1SS"~~t4 ~sH~Xs~L~'F~t. t'. c ~Jy'- r' r • ii d'Y. ~ II~~~" W~vY rae ~ f 1` New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 FAX: (631)444-0360 Website: www.dec.state.ny.us Erin M. Crotty Cornmissloner NO JURISDICTION LETTER -FRESHWATER WETLANDS/TIDAL WETLANDS ACT March 5, 2004 John Betsch 3 Winchester Lane Huntington, New York 11743 Re: Application #1-4738-03275/00001 Betsch Property, North Sea Drive, SCTM #1000-54-4-24 Dear Mr. Betsch: Based on the information you submitted the Department of Environmental Conservation (DEC) has determined that: Your proposed protect to remove an existing single family dwelling and construct a new single family dwelling at North Sea Drive, Southold, SCTM # 1000-54-4-24 is more than 100 feet from regulated freshwater wetlands; The property landward of the 10' elevation contour on a gradual natural slope, as shown on the survey prepared by John C. Ehlers Land Surveyor, last revised February 17, 2004 is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with current Freshwater Wetlands Regulations (6NYCRR Part 663) and Tidal Wetlands Regulations (6NYCRR Part 661), no permits are required under the Freshwater Wetlands or Tidal Wetlands Acts (Articles 24 and 25, respectively). Be advised that all construction, sedimentation, clearing, and/or ground disturbance must remain more than 100 feet from the freshwater wetland boundary and landward of the tidal wetland boundary. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands or Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. In addition, any changes, modifications or additional work to the project as described, may require authorization by the DEC. Please contact this office if such activities are contemplated. Albert J. Krupeki, President ~FfO(~ Town Hall James King, Vice-President 63096 Route 25 Henry Smith ~ P.O. Box 1179 Attie Faster ~ Southold, New York 11971-0969 ~ ; Ken Poliwoda ~ Telephone (891)786-1892 Fa: (891)786.1388 syol ~ ~a~~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Pernut#5462 Date: December 21, 2001 SCTM#54-4-4 Name of Applicant/Agent: Amy Mariin/Fairweather-Brown Name of Permittee: Ailcen Paskoff Address of Perttlittee: 21 West Street, NY, NY 10006 Property Located: 205 North Sea Dr., Southold DESCRIPTION OF ACTP?ITY: Replace the burned-out structure with a new single-family residence with pool, as depicted on site plan dated December 13, 2001. SPECIAL CONDITIONS: (apply if marked) _ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. A relocation agreement is attached hereto and is a necessary special condition of this permit. _ A maintenance agreement is attached with application and is a necessary special condition of this permit. - Albert J. Krupski, Jr. President, Board of Trustees AJK/lms _ `vM,: T ..r X. a Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. S~bO1' DATE: Dec. 21, 2001 ~ AILEEN PASKOFF ~ r ISSUED TO t ~ ,~u#l~uri~tt#inn Pursuant to the provisions of Chapter 616 of the Laws of the State of Nsw York, 1893; and Chapter 4W of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titbd •"REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS•r'• end in accordance with the Resolution of The Board adopted at a meeting held on _Dec.,.,_19, 2001__._. and in consideration of the sum of ;...._250.00,..__. pajd 6y Fairweather-Brown for AILEEN PASKOFF 4 . ~ Greenport of _ N. Y. end, sub'pet fo the Terms and Conditions pstad on fhe revana side hereof, of Southold Town Trustees authorizes end permih the following: Wetland Permit to replace the burped-out structure with a new single-family residence and pool, as depicted on the site plan dated December 13, 2001. all in accordance with the detailed specifications as presented in .the orig'a~eting appKeetion. IN WITNESS WHEREOF, The said Board of Trustees hare- by uusea its Corporate Seel to be affixed, and fhess k to be subscribed by a majorify of the said Board as of is dsfs. ~1fFQL~i- a~~_ ~c Trwt r f~ N~O~ F , t. SONNENBORNI a BEVERLY A. SONNENBORN ~ I /I • J 347,511 ..I ~ Cori. I I d I bl •I V y,~~ rO a• 1 p! ~ O 1 w k 8 / Q i H O~l1 `r"i f O.M. MI11!] S O • •OYV yyp I e I I y gy F ~ V ` ~4 j • lOi1~ rN_ I t ? I r}S~ k i I r~ l • ~ k w r PBX • >rr~l f/r t/.. /s.s ; ~ N W ` K/ 1.f ~ ~ylY ' e bnumant !4. M. • 4.3 e , , a _ _ ~ ! v t 1 ilk ~ -µLL I r L• l~ 1 ~ y I b O - M ~ I .$o Z man. P a s.. °'P` 315.44' 6 [ kd' CHARLES GANASSA ORESTES & EVELYN d OTHERS VARVf TSIOTTES ~SKOFF KENNEYS ROAD F~ NO?~ 3CW54 G MAY 4, r9ee COASTAL EROSION HAZARD LNE corn. rn•cru tnnawu ua.en MneM uMe - .bert J. Krupeki, President ~ A~F~(~ ~ 63096 Meier Road Jemea H g, V ~ hreeident P.O. Bo:1179 ~ Southold, New York 11971 Artie Footer ~ ere Ken Poliwade ~ ~ Telephone (616) 786-1892 ~a~' Fez (616) T86-1823 sonl<tn of To~v TRU~rEEs TOWN OF SOUTHOLD TO: C~liQ2~ PQ~Y,Of~F 7 Please be advised that your application, dated I~e})~OI has been reviewed by this Board, at the rsgular mooting of I~-~)~}~I?I and the following action :oas taken: ( ~ Application Approved (see b~1ow) Application Denied (see below) Application Tabled (see below) If your application is approved as notad above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule o£ rates as set forth in the instruction shaet. The following fee must be paid wi-hin 9U days or re-application fees will be necessary. i:OMPUTATION OF PERMIT FEES_ ~ glo TOTAL FEES DUE: ; ~,Z '~U SIGNED: I ~ PRESIDENT, BOARD OF TRUSTEES 8Y: Qt_l,l~~ ~J ERR, BOARD OF TRUSTEES . F Albert J. Krupeki, President i ~ Town Hall Jemes King, Vice-President ~S11ffUt,~~ 53096 Route 25 Artie Foster P.O. Box 1179 Ken Poliwoda ~ Southold, New York 11911.0869 Peggy A. lhckeraon ~ ~ Telephone (831) 765-1892 ~ ~ Fax (631) 785-1368 '~o! ,~ao~ sonxn ol~ TowN TxuszEl;s TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Per»tit Nttmber: 5590 Date: July 29 ?002 Name of ApplicanVAgent: Garrett Strang, Architect Name of Perndttee: Thomas & Cynthia Rosicki Address of Permittee: 395 North Sea Drive Southold, NY Description of Activity: Construct a proposed addition and alteration to existing single family residence including deck and septic system Date of Permit Issuance: July 24,1002 This permit is valid for a period o; two yeazs from Ute dates of issuance. SPECIAL CONDITIONS: -•-Bluff restoration through a re-vegetation agreement rs a necessary- special conditior. of dais permit. A relocation agreement is attached hereto and is a necessary special condition to this permit. _A maintenance agreement as attached with application and is a necessary special condition of this permit. Albert J. Krupski. Jr. President, Boazd of Trustees AJK:cjc r. I Albert J. Krupski, President a~~~ Town Hall JAn;es K1ng,vice-President Q$UFFO(~C@ 53096 Route 25 Artie Faster a P.O. Box 1179 Ken Poliwoda Southold, New York 119'i 1-0959 Peggy A. P.ickerson ~ ~ Telephone (63t1 765-L892 Fex (63l)T66-1366 of Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 1, 2002 Mc Garrett A. Strang 1230 Traveler St. Southold, NY 11971 RE: THOMAS & CYNTHIA ROSICKI 395 NORTH SEA DR., SOUTHOLD SCTMff5d-4-8 Uear Mr. Strang: The Southold Town Board of Trustees reviewed the Site plan dated May 9, 2002 and determined the proposed additions to be oui of tl(a Wetl~ed )urist.liction under Chapter 97 of the Town Wetland rode- However, any activity within 100' of a Weiland line or:;aaward of the Coastal Erosion Hazard I_fne would require further review from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krupski, Jr. ~ President, Board of Trustees AJK:Ims / ~ ~ Town Hall Albert J. Krupski, President Vice-President 63096 Route 25 James Ring, ~ P.O. Box 1179 Artie Footer ~ 9outhold, New York 11971-0969 Ken Poliwoda Pega3' A. Dickerson Telephone (831) 786-1892 Fex (831) 766-1386 BOARD OF' TOWN TRUSTEES TOWN OF SO1JTIlOLA February 22.2002 Putricia C. ivtoore, Esq. 51020 ivluia Road Southold. NY 11971 RE: FREDERICK VON ZUBEN 1125 North Sea Dr, Soothold SCTM#54-4-13 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regulaz Meeting held on Wednesday, February 20, 2002: RCSOLVL'D, ibat the Southold'otvn Board of Trustees APPROVE the Amendment to Coastal Erosion Permit +k54.3-13 and #53J4 forthe renovation of thtexisting single-family dwelling, ncia6htg the placement of the house on pilings, construction of a new deck, replacement o.'""rite . sstnttary system, removal of ecncrete walls along property lines and conatnrction of a new grave: driveway, with t}re condition that the dune is rompletety restored and planted with beach grass and Rosa Rugosa. This is not a determination from :sty other agency. If you have any questions, please call our office at (63 t) 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:hns • ~L~.IiW oa~~.[. s Wednesday, October 17, 2007 Peter S. Danowski PO Box 779 Riverhead, NY 11901 RE: Robert Bombara 1725 North Sea Drive Southold NY SCTM # 54-4-19 Dear Mr. Danowski: I conducted a site inspection at the above property on September 20, 2007. In addition, I conducted a literature review of existing coastal studies of this area of the Southold Long Island Sound shoreline. Based on these reviews, the area in question appears to be a beach and the proposed development consistent with the size and location of existing development. Geologic Setting The area between Horton Point and Duck Pond Point is a deposition area for sand. Brought into this sweeping embayment by tides, currents and waves. Sediments have been accumulating in this embayment for thousands of years, since the retreat of the last glaciers. The most prominent geomorphic features north of the bluffs are beach ridges that are most apparent from an aerial perspective. These low relief features mark locations of past shorelines and the intervening lower areas denotes sand that has accreted seaward of the old shoreline. There are at least two sets of beach ridges in this area. One runs just soundward of the pond system and the other runs just soundward of the road area (although its does appear to cross the road in several places). Beach ridges are relict features and typically vegated with mature shrubs and trees such as eastern red cedar, large bayberry and beach plum, as well as low growing heather and heath. They are typically very stable features. first Coastal Corporation, Post Office Box 1212 Westhampton Beach, NV 11978 FI ~T Phone:631-288-2271,Fax: 631.286.8949 www firstcoaslal.nel /~~a~~ Environmental Consulting and Construction. Permits to ConsWction. Preserving the coast since 1975 ~/V Figure 1 Location of Bombara property Site Inspection My site inspection of 9/20/07 reinforced many of the observations made from the aerial photographic analysis. The project site and the entire area is made up of low profile beach ridges dominated by mature vegetation. Moreover, a large portion of the site is sandy beach that is void of any vegetation. Between these two areas is a margin of beach grass. Several photographs taken on that day confirm these observations. The site staking shows the proposed location of a house that is consistent with the north/south location of other houses in the vicinity. A diagram depicting this condition in enclosed. First Coastal Corporation, Post O(8ce Box 1212 Westhampton Beach, DIY 11978 Fj I~.71i Phone:831-298-2271, Fax:631-288-8949 www.firstcoastal.nel /r~ Environmental Consulting and Construction. Permits to Construction. Preserving the coast since 1975 7~ Figure 6 Seaward trend of existing development Literature Review I also conducted a literature review of the project area. I attach a portion of the report by Davies, Axelrod and O'Conner from 1973 that discusses this section of shoreline in particular as part of a comprehensive evaluation of the entire North Shore of Long Island.. Davies, et al conducted investigations and developed a Beach Utility Index (BUI) that was used to describe different segments of shoreline. The entire north shore of Long Island was divided into 158 segments. The project area is between segments 137 and 138. In Table 3-5 of the Davies report, both segments are found to have "No bluff or dune". This is derived by looking at the "Natural Protection Barriers" columns of Table 3-5 where a value of "6" is given for segments 137 and 138. Referring to Table 3-4 that defines each value, a "6" is defined as "No bluff or dune". Note also that in Table 3-4 there is a notation that if a dune exists seaward a bluff that a "d" is added to the number value. There is no "d" in the Natural Protection Barrier designation for either segment 137 or 138. First Coastal Corporatbn, Post Office Box 1212 Westhampton Beach, NY 11978 PI I2ST Phone: 631-288-2271, Fax: 631-288-8949 www.firstcoastal.net /tOa~~ Environmental Consul8ng and Construdbn. Permits to Conslrudion. Preserving the coast since 1975 In conclusion, my review of aerial photographs, site conditions, and the literature show this section of shoreline to be dominated by low profile beach ridges that are vegetated by mature shrubs and tree fronted by a sandy beach and argin of beach grass. The comprehensive report by Davies et al in 1973 identified this shoreline as having "No bluff or dune" I have attached my Curriculum Vitae for your information. Please advise if there is additional information that you require. Sincere) Firs oa oration Aram V. Terchun n, M.Sc. President First Coastal Corpora8on, Post Office Box 1212 Westhampton Beach, NY 11978 T' ~ !W 1 Phone: 631-288.2271, Fax: 631-288-8949 www.grslcoastal.net /~,~a~~ Environmental Consulting antl ConsWction. Permits to Conslrudion. Preserving the coast since 1975 (~V )f ARAM V. TERCHUNIAN, M. Sc. Curriculum Vitae Areas of Expertise ' Geomorphology, coastal processes, coastal hazard and erosion analysis ' Wetlands delineation, permitting and erosion control construction ' Environmental science and resource management `Endangered species monitoring and management * Zoning analysis and interpretation Exaerience " 1990 to Present, First Coastal Corporation -President Responsible for all aspects of the firms consulting and construction services for coastal property owners, municipalities, and associations. " 1999 to Present -Commissioner of Wildlife Protection -Village of West Hampton Dunes Appointed by the Village of West Hampton Dunes to perform duties ordered by U.S. Federal Courtin Consent Judgment Rapf Et. AI. vs. Suffolk County, including piping plover monitoring and protection, as well as coordination with Endangered Species Agencies. " 1988 to 1990 Coastal Stabilization, Inc. -Regional Manager of Development Market development and technical sales for the development of a proprietary beach stabilization product. Prepared and executed marketing strategy, prepared and presented technical results at national and international conferences, and presented proposals and RFP responses to local, State, and Federal agencies. ' 1984 to 1988, New York State, Department of State, Division of Coastal Resources Coastal Hazards Supervisor responsible for review and recommendations for improvement of existing coastal hazard area management programs in New York State, including coastal erosion hazard areas, flood protection, and disaster relief. Represented the Secretary of State in post coastal disaster survey, assessment, and evaluation teams. Reviewed erosion control and coastal area development actions within coastal hazards areas in New York's coastal zone. ' 1982 to 1983, University of Delaware and Ecuadorian Remote Sensing Agency Technical Advisor Instructed Ecuadorian nationals in the use of remote sensing techniques for natural resources mapping including mangroves, coastal erosion, sea surface temperatures, and Amazon land use changes. Prepared grant application for Space Shuttle Imaging Radar mission. nCT Ftrst Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY 11978 I n.7 i Phone: 631-288-2271, Fax: 631-288-8949 vww.firstcoastal.nel l/.//1/'J'2"~5-~/~~, Environmental Consulting and Construct"wn. Permits to Construction. Preserving the coast since 1975 Education ' M. Sc. Marine Studies (Coastal Geology), University of Delaware, 1984. M. Sc. Thesis: Hen and Chickens Shoal, Delaware: Evolution of a Modem Tidal Shoal ' B. S. Environmental Science and Resource Management (Geology), Lehigh University, 1980 ' Endangered Species Training -see attached ' Peace Officer, Division of Criminal Justice, State of New York 2000, Completed all required Training and Examination of the Municipal Police Training Council Publications 'Daley, W., C. Jones, T.G. Mootoo, A.V. Terchunian, and G. Vegliante, 2000, A Blueprint for Coastal Management: The West Hampton Dunes Story, Shore and Beach, January 2000, V68, N1, pp 25-29. 'Terchunian, A.V. and J.A. Smith, 1998, An Economic Snapshot of Long Island's Barrier Island System, Shore and Beach, October 1998, V66, No. 4, pp9-11. 'Spencer, R., and A.V. Terchunian, 1997, The Sand Thieves of Long Island's South Shore, Shore and Beach, July 1997, V65, No. 3, pp 4-12. ' Terchunian, A.V., and C.L. Merkert, 1995, Little Pikes Inlet, Westhampton, New York, Journal of Coastal Research, V 11, n 3, pp 697-703. ' Psuty, N.P., P.A. Gares, M. Kearney, and A. Terchunian, 1992, Coastal Environments: A Field Symposium of the Mid-Atlantic Bight Coastal Zone. Guidebook, Center for Coastal and Environmental Studies, Institute of Marine and Coastal Sciences, Rutgers University, New Brunswick, NJ, 79 pp. ' Terchunian, A. V., 1990, Performance of Beachface Dewatering: The STABEACH System at Sailfish Point (Stuart), Florida, In Proceedings of the 1990 Conference on Beach Preservation Technology, St. Petersburg, FL. ' Ball, Sally, F., P. R. Lanza, and A. V. Terchunian, 1989, Coastai Hazard Area Management in New York State, in Proceedings of Coastal Zone '89, Charleston, South Carolina, pp. 4749 - 4760. First Coastal Corporation, Post Office Box 1212 Westhampton Beach, NY t 1978 TI RST Phone:631-288.2271,Fax:631-288-B949vnvw.tfrslcoastal.net /t~Q~~ Environmental Consulting and Construction. Permits to ConsWClfon. Preserving the coast since 1975 (~V K~'`RM MTA~ pLllpO [r• HI 137-138 1.9L 138-139 0.76 139-1~0 0. ~6 1~0-1~1 0. BA ~,~jti_ 'M ^s.~r ~ _ t • x r 7 Yo-k' P N q ~ ~v~! W' k pO , 138 ~ lv ; 3k ~D .~s NORTH SOUTHOLD t F 7-~° T +'u•f F`rr 1126 n R7 tr~14r%~ ~ µ i~`j O ~ ~1~ Y~ I,Y" ~ Pig. 3-27. Central Southold 7bwnahip. lON6 lSIANN SOUND ,jb a ~ 25 2~ 24 :c s UTXOLD 22 29 ~ + ~ • D ,J~ RI~ERNE AD :cr} i ...Ky,..:. ..ca>....5 :~•iFC" vii:': eii :::v^q` :a: cs:~.r <:~i'a'C.'vcs>sc s.`•i.» k:ie:Z/':#Sw+:: •8{:;Yscr":>rF:r.'F'5;. +::~::+.ao:~yxc+;: r b~ . *x~ "i.F'~:'' •Y, coo v ,$l. o y. 4 S s' Ei~ 'incs%az:,~`:i~a.3~'r.':'~s::,;.o~.~:;a~f~3: n2'~;•~D;~:.~«3~>'s.?a::o.#~ `iYe:^~",~~?X~a:*v';2»:zF~.S~:a:".~s~s?s , lONO ISLAND SOUND May ~ Bcatlona May ~ Scaclana 29 $O i s-i7 i~ 96- O1 3 17-27 1B 101-104 4 27-35 19 104-101 3 35-61 20 107-111 28 6 61-69 21 111-115 7 69-33 22 115-118 ~1 8 55-39 23 318-127 w Z 9 39-67 26 12}327 47 - 10 67-71 25 127-132 ~ Il 71-74 26 132-137 ar i R' 12 7h7B 27 117-101 SOU N D f~- ~'~'a ~ 17 78-81 2B 111-145 i i7 14 81-85 29 145-132 - 1, ~iME LTfI~,.~ 7• 15 85-91 30 152-138 I. Table J-5 BEAR UTILITY INDSX (con't.) 6tation Natural Shorallne Beach roraDeach Bac9roeecn Beach Nua1Mr Protection Barrlsrs Erosion/aeorstion MidtA Grain 81se Grain Size Accu• i 126 3 4 127 2 1 128 6 1 4 5 5 3 329 5 7 6 5 5 3 130 ; 4 131 3 4 132 3 3 6 7 6 2 133 3 4 131 1 5 135 6 L 5 5 2 ~ 136 6 6 6 4 5 3 137 6 7 138 6 6 3 3 4 1 139 3 4 4 4 7 3 140 6 6 4 4 3 341 6 1 6 5 5 2 ~ 142 9 1 143 4 2 141 3 4 145 3 2 146 4 2 147 4 3 S 5 6 3 148 5 1 149 6 2 6 4 4 7 150 5 2 5 6 5 5 1 Tab l• 3-4. IRaNINO OP D6RGE UYILISY IRD67[ IRA06RB TOR fum Cm1R6C4611I84IC Infix Natural Prot•cilon Slwr•l1n• e•aab ~ Tor•aboro Badcabora e•aah Nusb•r+ Harrt•r•+ (R1•va!!on Ero•!on (61 /lloor•lSon (A) Midth 11•di•n /Yd1an lloo••• in seat) Ut/yr) (!t) Grain eta• orate ei:• (•w) (s) 1 elufh 150 > 0.4A > 150 c 2.0 < 2.0 BxtndP• Parking 2 Bluffs 101-130 0.471-06 126-150 2.0-0.9 2.0-3.9 Lta•1t•C Parklnq 3 eluff7 51-100 0.16.-0.SB 101-125 4-7.9 4-7.9 Public Road W Y 4 Dluff~ 11-SO 0.6E-1.Ot 76-100 8-15.9 8-15.9 R••triat•d Oowtfvntal Road S elu!!~~ 10 l.lR-1.56 SI-73 16-31.9 16-31.9 PrivaN or Dun• Road ' 6 No elu!! or Duna 1.6E-2.06 26-SO 32-63.9 32-63.9 Nalkinq Only 7 > 2.06 1-25 > 64 > 64 6 NO Besab +l7 "d" fo11ov3n9 an Sndax nubsr for natural probotton barsi•ta indioalsa th• pra•mc• ' of a dun• •saverd of a bluff. D~,~aaeetatea, 9Ke. Ecological Consultants 40 Hilchin~ Vost Lone, Glcn Covc, NY 11542 (516) 6764107 21 Mt. Ponds, aos 31 L Wilmington, V'1' U5363 (RU2) 464-JJ4I October 17, 2007 Mr. Pctct S. Dunowski, I*sy. 616 Roanoke Ave Riverhead, Nti' 11901 Re: Robert flombnra, Southold, ceuslal zone pcnuns Dear Paler: Dru Associates, loc. has rct it:wed the ptvposed development by 13nmbara, visited the site and consulted with other experts in developing our opinion wncerning environmental protection at this site. Uur lindings lirllow, in which we reflect Db'.C's C$HA regulations (6NYCRR Pan 505) in italics, in order to explain the potential impacts on tttc enviromnent liom this proposal (our reaptmse to each item in normal type lace): flackgrnunA New Xork Slate dtvcloped the Coas411 h:rnsion I laaard Area program to ideality and protect from erosion ttll areas of the Slate's coastline that art. subject to such impacts. "Activities, development or other action in erosion hazard areas should be undertaken to minimize damage to property, artd prevent the exacerbation of erosion hazards. Some actiolrs maybe restricted or proll?blfed if necessary to protect natural protective (eatures or to prevent or reduce erosion impacfs." Moreover, the policy of the State i< to tlise;oumge actions within the dosignalcJ zones unless it clot be shown that these actions include "...erosion protection ornon-structural measures which are most likely to prevent damage from ellects of erosion during the anticipated life of such proposed actions." 'the CIHA (Artitae 34 of tht Iinvuunmentul Conservation I.aw) is intended to prevent and reduce erosion by preserving natural protective loaluns through regulation of actions within or adjacent to the ncarshnre zone that could remove or reduce the effcetivcness of these features. The Act requires tht. placement of new construction al stile distances t.'rom arras of active l i afied 6i9665L9i5 6E=fi LOOZ'Li Z00 erosioq with the intent of keeping tlresu facilities nut of areas typically impacted by coastal stormy. The Act estahlishcs procedures for local program implementation and encourages atlntiniatration ofcoastal erosion management programs by afl'ccled municipalities, such as Southnld'1'ownship. However, since the intent of the Act is directly tclatt:d to protection of shoreline structures, iLS prnlcction ol'natural coastal fcaurres is nut aimed al the teanttrs themselves, but at the fwrction such fe;uures serve in protecting coastal resourus. Hence, in establishing standards tier the issuaucu of coastal m•osion ptanagumcnl permits, the law provides lire continued use of the Stntc's Coastal zone, and outright prohibition of devolopntcnl was never the intent. In other State regulations, such as for tidal wetlands, the intent of the law was to protect llte wetland resturces tirr their own intrinsic ecological function (which I'utntlons arc specifically listed in those Acts). ht the (ail IA program, the functional values of the natural features are expressly aimed at protecting sOVCtures against crosiou, and where development can occur wltltoul threat of erosion or expansion ol'the impacts, development can occur. Aceordingly, permit issuance stvtdards (IiNYCRR fart 505) mquirc lltat a prolxrsed activity: o. is reasonable and necessary, considering reasonable alternatives fo the proposed activity, and fhe extent wltlch the proposed activity requires a shoreline location; n. will not be likely fo cause a measurable increase in erosion at the proposed site or other locations; and prevents, 1f possible, or mihimizes adverse effects on: 'natural protective feattrre.s end theft functions and protective values as described in section 505.3; 'existing erosion protection structures; and 'natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. 9itc Specific Condittons at the llombara property With respect m the defined functional bcucfits of the C1i11A, the regulations list a wide array ufnatural features that offer varying amounts of protection to the shoreline from wind and water erosion (i.e., beaches, Malls, dunes and newslrure nceas including vegetated habitats). The n;gululions were designed to prevent activities that may "diminish nr eliminate entirely" the protecUvc function of the natural lu~lures. 2 Z e4ad 6L966SL9L5 6E~6L LOOZ'LL S30 The functions of different Lypcs uCnatural pt'otWtivc fCalures are arntext-specitic, so that issuance of a permit must consider the protective functions that ".rperifre types of natural pruleclive_feulure.r provide", and the. rclatimtship between crwh site's specifiq natural features and the local coastal pr+x;csses. At the Buntbat:t site, the spccifc Ibalures that provide pmtection .tor this stretch of cuxstline arc herein evaluated to show how the crntservatiott of their htndiuns relate to the pntposed rcaidcnce: At the Homhara site, the pretlotuinant land cover is beach to a point some 130 li:d inland of mean high wafer, and a 'back-heath' nrea which is cuvt:red with `beach ridges" and scrub-shrub habitat that ltas grown up over these slightly elevated sandy areas (see report try First Coastal Consultants describing the Rombara sits). According to DEC, 'Bent/rer buffer shnrelnnds from f ff erosion Gy nbsurbing wove energy Ihal n(herlviee uu>uld he expendrd on (he toes u btu s ur d(mes." While the project site beach provides fur absorption oC wave cnurgy, there are no dunes or bluffs within teach ul'thc shoreline al this site, tmd rn:ent evidence iadicntCS thflt the inshore Wren (where the Hombara haute is proposed) has nut been urpugntphieally altered by strn'ms for many years. 'Che homesite area is relatively Icvcl, except far the `sand ridges', su that there arc tm dunes or bluff's within this CLiF1A zone that are subject to washout. '17tercforc, the lot would not be subject to the lass of its cfosiutt prolrroliun function il' it is developed lirr residential use, provided the homcsitc is established using the same topography chat is now present at the silt. DEC also Wales that "8canc~s uLru ucl us a rasenvrir nJ sand or arbor uncuasvlidaled nta(eriol for Inngshore littoral n'ansNort wrd offshore sandbar and shoo! fnrmn(ion. " At the Fitmthara sib:, the topography of the main bcnchfront is sufficiently separated and slightly elevated from the proposed duvdupment area by a rise in elevations to a slope fncing the water, so it Is not often that littotnl transport delivers malwial inland on this site. Nevertheless, acerelion of sand along this coastal aria over recent decades has evidently occurred, judging by the `sand ridges', which are wised sand mounds that arc well vegetated with shrubs and grasses. Within the development area, these chimps of savb-shrub habitat arc acting to stabilize the sands effected by wind, and the persistence nl these `sand ridges' is evident lium the age curd density of the vegetation upon them., A homesite can he developed without disturbing nwst ul' llte vegetation (i,e., the natural fentures protecting the arcs From erasion impacts), and supplcmtrrtlal plantings of haccharis and bayberry con be added to enhance the vegetative component of umsiun protection on the develupal tut, and seaward of the house to further support the rear ul'lhc beachtiont. 3 6t9665L91.5 6E~fT LOOZ'LL Z~0 ~ abed Pcrmlt la~uance SLtndards The CFI IA provides rcguhaury standards aimed at protecting shoreline structures from storm-related damage. Some. specific guidance is provided Fitt the type of hubitnt in which file Wombats property is located: 1°oi• a project such as the Liombarn pn>posal, located inla»rl of a beach ores, the I'ulluwing requirements apply to regulated activities on and near kwachcs: (1 J Excavating, yrading or mining which diminishes the erosion profecb'on a/forded by beaches i3 prohibited. Thc. development of this tvsidencc will be dune in such u manner as to avoid signilicunt re-grading of any of the areas currcndy bulTering the homesite from erosion impacts. (2) A11 development is prohibited on beaches unless specifically allowed by this subdivision. 'I'bis project thcrol'um nyuires u pemrit under the CL•I-IA program. (3) The normal maintenance of structures maybe undertaken without a Coastal erosion management permit. Currently, there is a homesite adjaecnt to the Aotnbura site which is toutindy maintained in similar habitat, and al which there are no signs of loss of erosion protection attributable to the presence of the homesite. (4) Tha rt'storafion o/existing stnrctures that are damaged or destroyed by events not • related to coastal floodlny acrd erosion maybe undertaken without a coastal erosion management permit. Not applicable. (5) Nonmajor additions to exlstlny structures that are damaged or desroyed by events not related to rnastal /boding and erosion maybe undertaken without a coastal erosion management permit. Nut applicable. (6) The following restrictions apply to the use of motor vehicles on beaches: Nat applicable. (7) A coastal erosion ranagement permit for deposition of matedal on beaches will be Issued only for expansion or stablllzatlon o! beaches; clean sand, or gravel of an equivalent or slightly larger gram size, must be used. The ptcptvalion of the Bumbxra homesite will he conducted using only clean sand and gravel that pcrntits ready pcrcalatiun of surrmwater, 4 y abed 6L966SL9LS SE~EL LOOZ'Li ZJO (ti) t3each grooming orclean-up operations do not require a coastal erosion management permit. Nol applicahle. ~ (9) A coastal erosion management permit is required for new construction, modification or ~ restoration of docks, piers, wharves, boardwalks, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial treach nourishment A permit has been requested for Bombers. (1OJ Active bird nesting and breeding areas must not be dfsturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department. 'the sift in qucsGon is not considered a bird breeding habitat. Conclusion Accordingly, the Bombarn proposal ccnnplies with the permit issuance standards required inr a CEHA pcrrrrit (bN YCRR Part SOS), in that thn proposed activity: a. is reasonable and necessary, considering reasonable altemetlves to the proposed activity, and the extent which the proposed achvity requires a shoreline location; The landowner Las nu other prvrpcr1y in tho Town at which they can abide. e wilt not ba likely fo cause a measurable increase in erosion at the proposed site or other focabons; and The site does not contain a physiography that is subJect to eroefon since then is evidence of recent accrefion of sand and the sand ridges demonstrate stability, anJ the ncighhnr's homesite on sintilxr around dos show , evidence for crvrsimr impacts, f prevents, it possible, or minimizes adverse eNects on: 'natural protective features and their functions and protective values as desenbed in secNOn 505.3; The natural protective features, beach and nand ridacs, arc stahlc and their pndccdvc functlaus will not be attend by the proposed dCVelopment. `existing erosion protection structures; and No structures exist ttow. 'natural resources including, but not limited fo, signi/icant bsh and wildlife habitats and shell(sh beds. The site does not support aianificant Gsh and wildlife, nor is it a heat site fro shoreline bird breeding or soy other thrcatcocd ar endangered species. 5 ~a.,.t 6L9665L9I5 SE~EL LOOZ'L1: .L3O hinaUy, it is the ophuon of I )ru Associates Thal the issuallcc of a permit fix development of the Burnham lot is compatible with bulb CENA and'fidal Wetlands pmtectinn, since the resources protected by either ofthcsc programs will remain twnltered by the proposcJ home. Pletvse feel free tp contact us if we can provide further information. Sinncerely~ D Dr. R.W. Abrams, CL'P (i 9 abed 6L966SL9LS SE~EL LOOZ'LL S~0 • „ 17,2007 19:50 5167599619 page 1 Dault ~¢oesetaitea, are. Ecological Consultants _ 40 Hitching Post Lane, Cleo Cuvq NY 11542 (51 G) 676-7107 , 21 Mt. Vonds, nnx ] I I, Wilmington, VT 053ri3 (802) 4G4.314t CUl'rlCUtnnl V Ilac Dr. Rouald W. Abrams, CEI' ' Personal; Current address: Bum: 7-Z-5(1 411 f litching Post La Naw Yurk, N.Y. Glen Cave, NY 11542 Married, 2 childryn Education: Ph.D. Eculvgy, University rsf Capc Tuwn, Zuulugy Depxrlmrnt, Knndehnsch, RSA. 1985. M.S. Biology, Wcst Virginia University, Biology Dcpartulcnl, Morgantown, W.VA. 1479. B.Sc. Zuulagy, University of Cape Tawn, Zaalvgy Department, Rottdebasch, RSA. 1 ~76. D.A. Politics and History, Washington and Lcc University, Ixxington, Vn. 1972. ()nallticatinns: Certified Envimnmental 1'rafessimtal (CCP), 1994 Nalivnal Aswxialinn of L•gviroomental Prvfussivnals; Academy of Board Cadi6cd F;nvironmental Prol'rssiunals, Washington, D.C. Qualified Superfund Expert Wimevs, Federal Disttiat Court, Suffolk Comely, NY, 199 Licensed for b'ndangered Species Collection/Rcscaroh: ~ 2(100 Cottntxticut 1995 Nuw York Stale 1980 Antarctica, sub-Antarctic Islattdc 1979 Botswana, Southern Africa 1977 US Virgin Islands 1976 South Africa Certified SCUBA Assis4mt Instrualor, 1977, YMCA Underu•atcr Prugrtm ,4 .T-17,2007 19:50 5167599619 page 2 Ur. R.W. Abrams, CL+Y (coat) Employment: (since 1980, further data on rcyucst) OMobcr 1986 to present: long Island University, C.W. 1'usl Biology uepartmcnt; djunct A.xwuiatu Pmfussur teaching Knvironmental Science and Ecological Modcli~ig and supt~rvising graduate studculs, i July 1986 fo present: Dru Assxiales, Inc., Principal i!utlogisl, consulting in tirctlattds (freshwater and tidal), coastal zones, endangcrexl species tnd ccologlcal habitat pn~tection, and environmental regulation/management for private end public seam's. May 1985 to May 1986: N.Y.S. gepartmcnt of Gnvironmenlal Conservation, $cgional Supervisor, Division of Dish and Wildlife. Supervised biological and regulatooy stall; provided technical guidance for policy-making involving tidal and freshwatvT wedands, including urban water- front renewal, groundwater protection, conx:rvalion educatioft, public liaison end species management. April 1980 to April 1985: Percy PilzPulrick institute of Afrteatt Urnilladogy, University of Cape Town. Senior Research OfYiccr in marine and coastal community ecology; supervisul graduate students; Administcncd opctgtions of Antan;lic Program Reaarch Grant ~(5 field scientists, 5 Field lochs, 4 lab end computer techs). ' Professional Distinctions and Appoiatmeats: Sxiety for Conaetation Aiolobry, Local Organizing Cotttutiltcc 2007 Annual Conference, Pert Elirxbeth, South Africu Sxicty for Conservation Biology, Beard of Gnvemors Africa sccliob representative, 2005- Africa Section Beard, Financial Oliver, Sxiety for Conservation Biology, 21104- Certification Review Board, Memher, 1995- present, Academy of llnsrd C:ertificd >;nviromncntal Prufussirntals, Wash., D.C. National Registry of Wetland Prulessiunuls, 1994, lttstitutc (or Wetland Policy and Scicncc, Association of State Wetland Mttnagtxs Who's Who Environmental Register, 1992 Who's Who in Rising Young Americunc, 1992 Nassau County Recycling Board, Appointee 1'or City of Glen Covc. 1990-21102 Co-chairman, City of Glen C:ovc Environmental Conservation Advisory Council, 1988-192 Mayors'1'ask Force on the Isnvirunment, City of Glen Cove, N.Y, 1986-1992 Coastal Assessment Report Historical Shoreline Position Change at and Adjacent to the Bombara Property: 1725 North Sea Drive, Southold, New York October 2008 N / NOTFS / AREh • I4A19 SG1. FT. ~~C~Q' / r • vetr-.• o~rw . xe.v. vwn+~ Mei. i•1V W E ~ #.I]' /W ~J • as uan neu.•YCe ivie ~.va. weew ~T f xaxoe~ s wr Dram w.r w i«e i B~?+ ~ i s /~~~~ti / / ~ r ~ - a /r ~ / A /ha 1 C //ice J 4/ \ .Cr y~' o ~ ' may/ '4. •B • ,I~ 1 ~ / ~ y ~1 • / ~ ~O rH / ~ 1 , v6 ~ / TL9T HOLE h'~''Y~~ p/ / / Q .•b /w •V1«YWYYYYiY1M1 ~ W.6 AII't• I~ • O Yti.1 00 ~ Z~ Y ~M i ~ 2 nn ' p" w yI \ YruY ~~r~ MA•Y MYYR•Y f YY y / / WY •Y M / /~~1} IV F Prepared by: Prepared for: Applied Coastal Research and Engineering Law Offices of Peter S. Danowski X66 Falmouth Road, Mashpee, MA 6i6 Roanoke Avenue, Riverhead, NY Historical Shoreline Position Change at and Adjacent to the Bombara Property: 1'725 North Sea Drive, Southold, New York The Bombara Property at ty25 North Sea Drive, Southold, NY, is located approximately 3,500 feet south-southwest of Horton Point, or about 70o feet southwest of Horton Lane Beach (Figure t). The property abuts asingle-family dwelling to the south and undeveloped land to the north. According to the Town of Southold Tax Maps, the seaward edge of the property is located at the base of what appears to be the primary dune line illustrated on the zoo? imagery. Mr. Bombara has requested a permit to construct asingle-family dwelling on the landwardmost too feet of the lot, an area consistent with the general location of all other single-family dwellings constructed and/or recently renovated along North Sea Drive. R'. ;;{'p o xeo eoo ~,ooo t,aoo Figure 1. Map illustrating location of Bombara Property relative to Horton Point and Horton Lane Beach on the zoos orthoimagery. 1 Historical evolution of the beach at and adjacent to the Bombara Property is dependent upon the interaction between coastal geomorphology (beach, dune, and upland environments) and coastal processes responsible for transporting sand to and from beaches (wind, waves, and tides). The most common means of evaluating long-term beach response to coastal processes is historical shoreline change analysis. The following discussion summarizes historical shoreline position change between x884 and zoos for the beach at and adjacent to the Bombara Property. As reference, each figure illustrating shoreline change contains property bounds from the Southold Tax Maps far Mr. Bombara and adjacent property owners. Mr. Bombara's property is highlighted in blue on each shoreline change map, and the seaward extent of proposed construction on Mr. Bombara's property is shown with a dashed black line. Figure z encompasses the first 8o years of historical shoreline position change for the beach fronting the Bombara Property. The original mapped shoreline existed about t5o feet seaward of the tg64 shoreline and about 20o feet seaward of the tg33 shoreline. Historical storm records indicate that a nor'easter passed this area in January tg33, resulting in the landwardmost position of the high-water shoreline (April 1933) for the period of record. The 1933 shoreline was located about 75 feet seaward of the dashed line marking the extent of proposed construction on the Bombara Property. This represents the only time mapped historical shorelines encroached upon the Bombara Property for the tzo-year period of record - all other mapped shorelines resided seaward of the property extent. Figure 3 documents shoreline position changes mapped between 1964 and tg8o. Seaward of the Bombara Property, net change was close to zero. However, mapped shorelines during this t6- year period fluctuated about 3o feet. The tg8o shoreline existed about 35 feet seaward of the Bombara Property. Figure 4 illustrates changes recorded between tg8o and zoo4. Net shoreline recession is indicated, however, the zoos imagery indicates position of the modern high-water shoreline to be near the location of the tg8o shoreline. Although relatively little net change was recorded between tg8o and zoos, variability in shoreline position for this zq-year period was again about 3o feet. As such, overall net shoreline change between 1964 and 2ooy was about zero, indicating net stability for this 43-year period. Figure 5 documents shoreline position change between tg8o and zoo4 relative to the zooq or[hoimagery. The purpose of this figure is to illustrate major changes that occurred to the single family dwelling that occupied the lo[ just south of the Horton Lane Beach parking area. The house just south of this lot also illustrates changes permitted by the Town and completed between zoo4 and 200. The structure footprint requested by Mr. Bambara is far smaller than the structure completed just south of the parking lot, and it does not extend as far seaward. Overall, net change in shoreline position since ryss has been approximately zero. This does not mean the shoreline did nut moved during this time. However, it does suggest that regardless of variation in shoreline movement during this 52-year period, net shoreline location is generally unchanged. Furthermore, the variability in shoreline position recorded for this period does not encroach upon the footprint of the Bombara property, indicating that the Bombara Property is outside the 5o-year wave impact zone. 2 . '~r i`~,M / : ~ L / l ryx , ~ ~9,i. •+1 ' ' •~I a I. ' ~ 1 ~ ` ' ~ + . ~ 'I rt. ' ' ~ ~ -1664 High-Wihr BhonIIM ~ Y,'~r:. ~ -16J3 Hlph•WabrBhor~11M -1656 Hlph-Wabr 8honllns ~ ' ~ ' -'1984 Hlgh-WYiter 8horellne r t ~ ~"v' ?Bombara PropMy C ~ ~ []AdJaunt Properly Boundaries + ~M -•PropOIW Corahuctlon ExNM r: . o So too zoo goo gti:.~. Fsst „i., Figure z. Historical shoreline locations at and adjacent to the Bombara Property, 1884 to 1964, overlaying Zoo? orthoimagery. The seaward extent of proposed construction is approximately 7b feet landward of the 1933 shoreline. 3 ~.y r .,C a 3. ~ • - 6; ~~n • ~ J . y..,•,..~~ ' ' r' • i i'. \ ~ #~r. . ~ ~Y . ~ /~~yy. . ~,'.Y}1.., ~ ~ s.• d'V ~ ~ - ~ 11 ,i' ~ Y'!Z ~ ~ -1964 Hlph-WaNr Shorsllne ~ -1989HIph-WebrShonlMe .r , -1978 Hlyh-Nht~r 3horollne :'t ` -1980 Hlgh-YYater 8horelMe / - w ~6OIIIbWePropertY t_? ~ ~ ?AdJacent Property Boundulee F ~ M - - ~ Proposed Comtruetlon txtent r 0 50 100 Z00 300 ' ~ Feet Figure 3. Historical shoreline locations at and adjacent to the Bombara Property, 1964 to 1980, overlaying zoos orthoimagery. The seaward extent of proposed construction is approximately t35 feet landward of the tg8o shoreline, indicating net beach accretion between tggg and tg8o. 4 •r r>~' - ~ . ~ ~ n ~ ' ~ 4 1 ='r ~y.4{lr. r'd•7f- r J ~ a: -'y~.,~ ~ ~ a.: n q -7YCOHIgh-NbbrShorNlro 7'~'~" ~ -1993 HIgMW~br Slwnlim -1986 Hlgh-Nhbr Shor96n9 ~r~+.~ -Z004HIgMWabrShor911n9 f ~ ~."v . ? Bornb9ra Properly G " ~ _ ~AdlauM PropMy Bound9rl99 P ~ - • Propo9W Con9tructlon Exgnt r 0 50 100 200 300 W Figure 4. Historical shoreline locations at and adjacent to the Bombara Property, t98o to 2004, overlaying zoo9 orthoimagery. The seaward extent of proposed construction is approximately too feet landward of the la~dwardmost shoreline (igg8), indicating variable beach change for this 24-year period. 5 ~ ~ t J~,{' 1 1 ~ . ~ " i 1.~ , ; ~ M ~ j' ~ . S F" i ~ ~°:r ~ ' " f,, - ~ r ~ ~ T s~~t i•. S~ ~''.t• ''7 ~ ,f -11m0High-YYabr9honlln~ )i! ` ~ -7987 High-V1laUrShorNin~ t i ` s _ -1998 High-YVatar Shonllrr '~s , C ~ -2001 High-Water Shoreline ~ ?BombaraProperly ?Ar~acent Property Bourrderles r' • Proposed Constnrctlon tezterrt i~ q, k' ~ .r10 Z~ ~ Feet Figure 5. Historical shoreline locations at and adjacent to the Bombara Property, 1980 to 2004, overlaying 2004 orthoimagery. Substantial changes in the structure footprint at the northernmost property are evident when comparing Figures 4 and 5. The proposed Bombara structure is landward of this point and of much smaller extent. 6 Applied Coastal Research and Engineering, inc. Togo ~ u~ , - ~ ~ ~ a ~ ~ ~ ~ J' ~s ~ . Home ~ Company ~ P COASTAL ENyIN~F~R~N~+ DESIGN AREQ$QEEXP~F3TI~E • Coastal and nearshore sedimenttranspol • Processes affecting land loss in coastal a CoasrA~ CftnNOE • pffshore sand resource evaluations ASSESSMENT .Impact of coastal structures on shoreline • Numerical modeling of wave transformat Mark R. Byrnes, Pn.D. •GIS/mapping applications for coastal env Sanlor Coastal Sdanflsr • Geobgic fremework of mastal deposits HYDRODYNAMIC & WATf;ft enOPdndpal • Coastal change anayses _QUALITY MODELING Resuma,(pdf~ ( Publications Education WAVE & SEDIMENT 1988 Ph.D., Oceanography, Old Dominion University TRANSPORT MODELING 1978 B.A., Earth Silence, MillernNle University Dr. Byrnes Is a Senbr Coastal SdenUst and Principal at Applied CGastal Research and E 17 years, he has been a Principal Investlgator/Program Manager on more than 55 cogs OrILINE INFORMATION Scientist at the U.S. Army Engineer Research and Deveopment Center, Coastal and Hy MANAGEMENT Engineering Research Center); Coastal Geology Section Chief for the Louisiana Geology Studies Institute, Louisiana State UnlversRy; and Senbr Coastal SdentLst at Aultrey Ca for most sWdies was on regonal coastal erosion and geomorphk change analyses (stu transfarrnadon and sediment transport, offshore sand resource assessments, sediment stre[egies, wetland b55 delineation and classidcatbn, and gedogic framework. He has COASTAL areas of Interest MEASUREMENTS Over the past SO years, Dr. eymes has been responsible for managing and conducting sedimentation processes and regional response of beaches, Inlets, and estuaries to ind include Inlet Sediment Transport Pat[ems at Grays Harbor, WA and Development of an Bypassing at Structured Entrances and Geomorphic Change Modeling; Rockefeller Refu ENVIROyMENTAL IMPACT and Processes Analyses; Environmental Survey of IdentiRed Sand Resource Sites Offsh _A.g€sSMENf the East Coast of Florida; Assessment of Beach Response to a Segmented Breakwater Budget Evaluation Using Historical Shoreline and Beach Profile Data: Western Town Lir Border Shoreline Resroratlan in Coastal Louisiana-Coastal Geology, Geomorphology, an Evaluation of the CumulaWe Physical Effects Of Offshore Sand Dredging for Beach Nou Pipeline Construcdan and Operation for the Mardi Gras Pipeline, Bareiada 8asln, Louis6 Beach to r-ort Pierce Inlet, Flodda; Regional Analysk of Sediment Transport and Dredge Mouth, WashingtonJOregon, and Adjacent Shores; Inlets Online: A Tutorial of Interpret Sediment Transport Patterns and Geomorphic Change a[ Entrances; Geographic Inforn Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture, Anah Environmental Impacts of Offshore Sand Mining in Massachusetts Bay, and Coastal Ch: GIS/mapping tools and numedcel modeling are Integral components of the strategy us knowledge compilation and analysis techniques farm the basis for providing Innovative environmental issues. Coastal Chance Assessment Since 1990, Dr. Bymes has contracted with Federal agencies such as die Federz Army Corps of Engineers (USAGE), and U.S. Geological Survey (USGS) to develop state http://vvww.appliedcoastal.com/mark.htin 5/17/2008 Applied Coastal Research and Engineering, inc. 1"ubu ~ ui ' historical hydrographic and shoreline surveys for quantifying change in the coastal zone compiling historical map data, where conversion from various cartographic parameters projectlon, ellipsoid, and datum are critical for accurately assessing change and assocl These data represent the most basic aril useful informa[bn for evatuatlrg local and re! influence on coastal evalutlon. FEMA uses these data for determining setback criteria I data for calibrating numerical shoreline change models and for deveoping coastal sUUr used to quantity channel shoaling rates and supply bathymetric data for developing re5 numerical modeling grids. The USES and MMS use hydrographic and shoreline survey' sediment trarssport dynamics in the coastal zone. Dr. eymes also has applied these tee the Impact pipelines have on wetland bss, inducting scour associated with pipeline lanc has applied these procedures for developing coastal change data sets in support of Iitic witness. Channel and_Shoal„_ namks at Inlets For the past decade, Dr. Byrnes has compiled and analyzed site-specific and regi evolutlon of channels and sttoals at engineered entrances relative to navigation safety , funded under the USACE Inlets Research Program to address shoal migration and sedli environmental consideratlorts associated with maintenance dredging activities. Beaus were determined by comparing sequential bathymetric and shoreline wrveys, detailed analyzing data sets and assodated potential measurement uncertainties. Net sediment inlet sediment budgets for predktlng long-term system response to engineering actlviti Offshore Sand Resource_Evaluations Over the past 11 years, Dr. Byrnes has conducted offshore sand resource evalua characteristics of deposits and the associated potential environmental iswes concemin~ geographic extent of these studies ranges from coastal Louisiana to offshore Massachu physkal environmental effects of dredging actlvi[ies In altering fluid and sediment trarx along sfwrellnes landward of resource areas. Analyses rely on comparison of NOAH hi<. numerical modeling of wave transformation over variable bathymetry. Analysis results potential dredging effects and for development of Impact reports required under the N; potential lease agreements. Impac4of~oasta~tructurg§ on Shorgine mange Since 1984, (k. Bymes has evaluated the impact of coastal structures on sedim~ throughout the U.S. He has been pdncipal Investigator on several studies assessing th structures on beach response, Inducting an evaluagon of beach change to mnstructlon southwestern LouisWna and an assessment of downdrift beach evdutlon in resporee tc GA/FL; Grays Harbor and Columbia River, WA; Port Canaveral and Sebastian Inlet, FL; NY. All projects relied on the application of GIS/mapping tools for accurate compilatior evaluatlng [he physical environmental impacts of offshore sand dredging and beach rel nearshore sediment transport patterns for the U.S. Mineral Management Service. Geologic Framewor~yaluatlon In a number of regional projects, Dr. Byrnes has conducted studies on the geol~ deposits represent the framework upon which modern coastal change is occurring. As understanding the geotechnical factors Influencing pipeline, cable, and structure placer deposits. Sediment dynamics at the leading edge of land have substantial Influence on trends. Dr. Byrnes has conducted most of these studies with [he U. S. Geological Surve Professional Societies • Coastal Education and Research Foundation (CERF) • American Geophysical Union (AEU) http://www.appliedcoastal.com/mark.htm 5/1 712 00 8 .ppplied Coastal Research and Engineering, inc. 1~age ~ ut ~ • Society for Sedimentary Geology (SEPM) r, M • Geological Society of America (GSA) • Sigma XI -The Scientlflc Research Society • Phl Kappa Phi Protasslonal Committees . • Editorial Board, Geo-Marine Letters, 1993-present • Editorial Board, Marine Models Online, 1996-1999 • Assodate Editor, Gulf of Mexico Science, 1996-1999 • Gulf Coast Section SEPM Editor fw Gulf Coast Assodation Geological Sodetles C • Tedmiwl Study Advisor fw Coastal Wetland Planning, Protection, and Restw. Study, LoulsWna Department of Natural Resources, October 1994 to Mazch 199 • Public Policy CommRtee, Southeast GSA, 1991-1994 • Workshop on the Future Needs of Users for Nautlcal Informatlon, Working Marine GIS, National Research Coundl, 1993 ~1!'t!'~!+.1~,~'~~\iiC!/~F~llrt/\/~llili~,n./~f\!\,1~/`~/t{\i1f1/1{~l1/~t1.~,!111/11~:`lf;/1~i!'v~.;1~'t/V1/~ If you have questions regarding this site, please contact the Webmast http:/lwww.appliedcoastal.comlmark.htm 5/17/2008 Mark R. Byrnes, Ph.D. Principal Coastal Sdentist Applied Coastal Research and Engineering, Inc. Areas o/Expertlse • Coastal change assessment • Coastal and nearshore sediment transport • Processes affecting land loss In coastal and estuarine environments • Offshore sand resource evaluations • Physical environmental impact assessments for coastal environments • Impact of coastal structures on shoreline response • GISlmapping for coastal environments • Numerical modeling of wave irenstomtatlon and shoreline change Education 1988 Ph.D., Oceanography, Old Dominion University 1978 B.A., Earth Science, Millersville University Experience Dr. Bymes is a Principal Coastal Scientist at Applied Coastal Research and Engineering, Inc. (Applied CoastaQ. Forthe past 20 years, he has been a Principal InvestigatodProgrem Manager on more than 60 coastal and nearshore process studies as a Research Scientist at the U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory (/ormerly the Coastal Engineedng Research Center); Coastal Geology Section Chief forthe Louisiana Geological Survey; Research Professor at the Coastal Studies Instkute, Louisiana State University; Senior Coastal Scientist at Aubrey Consulting, inc.; and Principal Coastal Scientist at Applied Coastal. The emphasis for most studies has been on regional coastal change and geomorphic evolution of nearshore sedimentary deposds (shoreline and bathymetdc change), physical environmental Impact assessments for coastal and estuarine environments, wave transformation and sediment transport, offshore sand resource assessments, sediment budget evaluations, shoreline restoration stretegles, wetland loss delineation and classification, and geologic framework of coastal deposits. He has authored more than 90 publications in these research areas. Over the past 20 years, Dr. Byrnes has been responsible for managing and conducting numerous projects focused on coastal sedimentation processes and regional response of beaches, inlets, and estuaries to Incident wave and current processes. Projects include Channel Dredging Impacts on Shoreline Response at and Adjacent to Maln Pass, Mobile Bay Entrance, Alabama; Quantifying Regional Sediment Dynamics in Nearshore F~vironments: Historical Sediment Pathways, Lateral Inlet and Island Migration, and Detailed Sediment Budgets; Environmental Survey of Identified Sand Resource Sites Offshore Alabama, Central East Florida, North Carolina, New Jersey, and New York; Study of the Environmental Impacts of Offshore Sand Mining In MassachuseHs Bay; Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Pipeline, Barataria Basin, Louisiana; Rockefeller Refuge Gulf Shoreline Stabilization: Coastal Geology and Processes Analyses; Assessment of Beach Response to a Segmented Breakwater System: Southwest Louisiana Coast; Sediment Budget Evaluation Using Historical Shoreline and Beach Profile Data: Western Town Line to Horton Point, Southold, NY; Feasibility of Barrier Shoreline Restoration in Coastal Louisiana-Coastal Geology, Geomorphobgy, and Physical Processes; Coastal Change Assessment for Breverd County, FL; Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment; Shoreline Change Assessment: Satellite Beach to Fart Pierce Inlet, Florida; Sediment Bypassing at > it»~~ Mark R. Bymes 7 of 19 Structured Entrances and Geomorphic Change Modeling; Inlet Sediment Transport Patterns at Grays Harbor, WA and Oevetopment of an Entrance Sediment Budget; Regional Anaysis of Sediment Transport and Dredged Material Disposal Patterns, Columbia River Mouth, WashingtoNOregon, and Adjacent Shores; Inlets Online: A Tutorial of Interpreting Aertal Photography for the Analysis of Sedimeni Transport Paltems and Geomorphic Change at Entrances; and Geogrephlc Informaton System Development for Evaluating Sediment Transport Paltems at Inlets and Adjacent Environments: Data Capture, Anaysis, and Management. GIS/mapping tools and numerical modeling are integral components of the strategy used to address project objectives. State-of-knowledge compilation and analysis techniques form the basis for providing innovative strategies for addressing complex coastal environmental issues. Coastal Chance Assessment Since 1990, Dr. Bymes has wntracted with Federal agencies such as the U.S. Army Corps of Engineers (USAGE), the U.S. Geological Survey (USGS), and the Federal Emergency Management Agency (FEMA) to develop state-of-science methods for compiling end analyzing historical hydrogrephic and shoreline surveys for quantifying change in the coastal zone. Detailed procedures were developed for compiling historical map data, where conversion from various cartographic parameters to a common coordinate system, map projection, ellipsoid, and datum are critical for accuratey assessing change and associated potential measurement uncertainties. These data represent the most basic and useful Information for evaluating local and regional sediment transport dynamics and their influence on coastal evolution. The USGS and MMS use hydrogrephic and shoreline surveys for basic and applied sdentiflc research on sediment transport dynamics in the coastal zone. USAGE uses shoreline data for calibrating numerical shoreline change models end for developing coastal structure design criteria. FEMA uses these data for determining setback criteria for coastal construction. Hydrographic surveys are used to quantify channel shoaling rates and supply bathymetric data for developing regional circulation and sediment transport numerical modeling grids. Dr. Byrnes also has applied these techniques in wetland environments for evaluating the Impact pipelines have on wetland loss, Inducting scour associated with pipeline landfall from offshore sites. Recently, Dr. Bymes has applied these procedures for developing coastal change data sets in support of litigation, torwhich he has served as an expert witness. Offshore Sand Resource Evaluations Over the past 18 years, Dr. Bymes has conducted offshore sand resource evaluations for determining the sedimentary characteristics oideposftsand the associated potential environmental Issues concerning sand mining on the Contlnentai Shelf. The geographk: extent of these studies ranges from coastal Louisiana to offshore Massachusetts. Dr. Byrnes' primary interest is with the geclogical development of offshore shoals and the physical environmental effects of dredging activ(ties in altering fluid and sediment transport patterns at potential borrow sites and along shorelines landward of resource areas. Anayaes rely on comparison of NOAA historical bathymetry and shoreline data eels and numerical modeling of wave trensformallon over variable bathymetry. Analysis resufls supply information for policy decisions regarding potential dredging effects and for development of impact reports required underthe National Environmental Policy Act in support of potential lease agreements. Channel and Shoal Dynamics at Inlets Since 1992, Dr. Bymes has compiled and analyzed sKe-specific and regional bathymetric surveys to document the evolution of channels end shoals at entrances relative to navigation safely and environmental concerns. Many studies were funded under the USAGE Inlets Research Program to address shoal migration and sedimentation processes in navigation channels and environmental considerations associated with maintenance dredging activities. Because f 111 712 0 0 8 Mark R. Byrnes 2 of 19 sedimentation pattems and rates ofchange were determined by comparing sequential bathymetric and shoreline surveys, detailed procedures were developed for compiling and analyzing data sets and associated potential measurement uncertalntles. Net sediment volume changes were quantified to develop inlet sediment budgets for predicting long-term system response to engineering activities. Imaact of Coastal Structures on Shoreline Chance Since 1984, Dr. Bymes has evaluated the impact of coastal structures on sediment transport dynamics and coastal evolution throughout the U.S, He has been principal investigator on several studies assessing the influence of navigation and shore protection structures on beach response, including an evaluation of beach change to construdlon of 85 segmented breakwaters offshore southwestern Louisiana and an assessment of downdrift beach evolution in response to Jetty construction at St. Marys Entrance, GAIFL; Grays Harbor and Columbia River, WA; Port Canaveral and Sebastian Inlet, FL; and Matlituck and Goldsmith Inlets, Southold, NY. All protects relied on the application of GIS/mapping tools for accurate compilation and analysis of data sets. Presently, he is evaluating the physical environmental Impacts of offshore sand dredging and beach replenishment (soft structure) on coastal and nearshore sediment transport patterns for the U.S. Mineral Management Service. Cleoloaic Framework Evaluation In a number of regional projects, Dr. Byrnes has conducted studies on the geologic evolution of coastal environments. These deposits represent the framework upon which modern coastal change is occurring. As such, he has devoted substantial time understanding the geological factors contributing to the evolution of nearshore, barrier beach, and estuarine deposits. Sediment dynamics at the land-sea boundary exerts substantial influence on the placement of structures relative to erosbn trends. Dr. Bymes has conducted most o(these studies with the U.S. Geobgical Survey and the U.S. Anny Corps of Engineers. Professional Societies • Coastal Education and Research Foundation (CERF) • American Geophysical Union (AGU) • Society for Sedimentary Geology (SEPM) • Geological Society of America (GSA) • Sigma Xi -The Scientiftc Research Society • Phi Kappa Phi Professional Committees • Editorial Board, Geo-Madne Letters, 1993-2004 • Editorial Board, Marine Models Online, 199&1999 • AssoGate Edtor, Gutf of Mexico Science, 19961999 Gulf Coast Section SEPM Edtor for Gulf Coast Association Geological Societtes Conference, 1995 • Technical Sfudy Advisor for Coastal Wetland Planning, Protection, and Restoration Act (CWPPRA): Louisiana Barrier Shoreline Study, Louisiana Department of Natural Resources, October 1994 to March 1995 Public Policy Committee, Southeast GSA, 1991-1994 • Workshop on the Future Needs of Users for Nautical Information, Working Group 3: Database Issues/Nautical Charts and Marine GIS, National Research Council, 1993 11/17/2D06 Mark R. Bymes 3 of 19 Refereed Publications Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2004. Physical and biological effects of sand mining offshore Alabama. Journal of Coastal Research, 20(1): B-24. Bymes, M.R., R.M. Hammer, and T.D. Thibaut, 2004. Effects of sand mining on physical processes and biological communities offshore New Jersey. Journal of Coastal Research, 20(1): 25-43. Kelley, S.W., J.S. Ramsey, end M.R. Byrnes, 2004. Evaluating the physical affects of offshore sand dredging for beach nourishment. Joumal of Coastal Research, 20(1): 89-100. Drucker, B.S., W. Waskes, and M.R. Bymes, 2004. The U.S. Minerals Management Service Outer Continental Shelf Sand and Gravel Program: environmental studies to assess the potential effects of offshore dredging operations in Federal waters. Joumal of Coastal Research, 20(1): 1-5. Byrnes, M.R., M. Crowell, and C. Fowler, 2003. Preface. In: Byrnes, M.R., M. Crowell, and C. Fowler (edtors), Shoreline Mapping and Change Anatysis: Technical Considerations and Management Implications. Joumal of Coastal Research, Special Issue 38, pp. 1-4. Taylor, M.J., R.A. McBride, L.C. Anderson, and M.R. Byrnes, 2002. Building on the research of our founders: 65 years of Chenfer plain studies at Louisiana State University. In: M.K. Steinberg and P.F. Hudson (edtors), CuHural and Physical F~cpositions: Geographic Studies in the Southern United Slates and Latin America. Geoscience and Man Sedas, Volume 36, Louisiana State University Press, Baton Rouge, LA, pp. 281-278. Byrnes, M.R. and N.C. Kraus, 1999. Regional sediment transport patterns adJacent to Canaveral Harbor, Florida. In: N.C. Kraus and W.G. McDougal (editors), Coastal Sediments'99, American Society of Civil Engineers, New York, NY, pp. 750-780. Underwood, S.G., R. Chen, G.W. Stone, X. Zhang, M.R. Byrnes, and R.A. McBride, 1999. Beach response to a segmented breakwater system, southwest Louisiana, U.S.A. In: N.C. Kraus and W.G. McDougal (editors), Coastal Sedimenls'99, American Society of Civil Engineers, New York, NY, pp. 2042-2056, Anderson, L.C., R.A. McBride, M.J. Taylor, and M.R. Byrnes, 1998. Late Holocene record of community replacement preserved Intime-averaged Molluscan assemblages, Louisiana Chenfer Plain. Palafos, 13:488-499. McBride, R.A. and M.R. Byrnes, 1997. Regional variations in shore response along barrier Island systems of the Mississippi River delta: historical change and future prediction. Joumal of Coastal Research, 13(3): 628-855. Anderson, L.C., B.K. Sen Gupta, R.A. McBride, and M.R. Bymes, 1997. Reduced seasonality of Holocene climate and pervasive mixing of Holocene marine section: northeastern Gulf of Mexico shelf. Geology, 25(2): 127-130. Byrnes, M.R. and M.W. Hiland, 1995. Large-scale sediment transport patterns on the continental shelf and inguence on shoreline response: St. Andrew Sound, Georgia to Nassau Sound, Florida, U.S.A. In: J.H. List and J.H.J. Tervvindt (editors), Large-Scale Coastal Behavior. Marine Geology, 126: 19-43. McBride, R.A., M.R. Byrnes, and M.W. Hiland, 1995. Geomorphic response-type model for barrier coastlines: a regional perspective. In: J.H. List and J.H.J. Tervvindl (editors), Large-Scale Coastal Behavior. Marine Geology, 126: 143-159. Bymes, M.R., R.A. McBride, Q.Taa, and L.Duvic, 1995. Historical shoreline dynamics along the Chenfer Plain of southwestern Louisiana. Gulf Coast Assoolation Geological Societies Transactions, 45:173-122. i 1117!2009 Mark R. Byrnes 4 of 19 Anderson, L.C., M.R. Byrnes, and R.A. McBride, 1995. Paleoenvironmental and taphonomic evidence oidiverse bioclast sources for southwester Louisiana Cheniers. Gulf Coast Association Geological Societies Transactions, 45: 21-30. McBride, R.A. and M.R. Byrnes, 1995. Sur9clal sediments and morphology of the southwestern AlabamalFlorida Panhandle shelf. Gulf Coast Association Geological Societies Transactions, 45: 393-404. McBride, R.A, and M.R. Byrnes, 1995. A megascale systems approach for shoreline change analysis and coastal management along the northern Guk of Mexico. Gulf Coast Association Geological Societies Transactions, 45: 405-414 (2nd Place, Best Paper Award, GCS-SEPM). Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1995. Sediment texture and composition changes along the southwest Louisiana coast: implications to sediment supply. Guif Coast Association Geological Societles Transactions, 45: 557-564. Zenero, R.R., D.L. Sang, M.R. Byrnes, and R.A. McBride, 1995. Geophysical techniques for evaluating the internal structure of cheniers, southwestern Louisiana. Gulf Coast Association Geological Societies Transactlons, 45: 611-620 (1st Place, Best Paper Award, GCAGS). Byrnes, M.R. and M.W. Hiland, 1994. Shoreline postion and nearshore bathymetric change (Chapter 3). In: N.C. Kraus, L.T. Gorman, and J. Pope (edkors), Kings Bay Coastal and Estuarine Montoring and Evaluation Program: Coastal Studies. Technical Report CERG94-09, Coastal Engineering Research Center, Vicksburg, MS, p. 61-143. Byrnes, M.R. and M.W. Hiland, 1994. Compilation and anaysis of shoreline and bathymetry data (Appendix B). In: N.C. Kraus, L.T. Gorman, and J. Pope (edkors), Kings Bay Coastal and Estuarine Monkoring and Evaluation Program: Coastal Studies. Technical Report CERC-94-09, Coastal Engineering Research Center, Vicksburg, MS, p. B1-B90. Kraus, N.C. and M.R. Byrnes, 1994. Conclusions. In: N.C. Kraus, L.T. Gorman, and J. Pope (editors), Kings Bay Coastal and Estuarine Monitoring and Evaluation Program: Coastal Studies. Technical Report CERC-9408, Coastal F~lgineertng Research Center, Vicksburg, MS, p. 261-268. Byrnes, M.R. and M.W. Hiland, 1993. Regional seafloor changes near St. Marys Entrance, Georgia/Florida and their influence on shoreline response. In: List, J.H. (edttor), Large-Scale Coastal Behavlor'93, Research Conference Proceedings, U.S. Geological Survey Open File Repon 93-381, p. 17-20. McBride, R.A. and M.R. Bymes, 1993. Shoreline response types along barrier coastlines: a regional perspective. In: List, J.H. (editor), Large-Scale Coastal Behavior '93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 119-722. Stauble, D.K., S.G. Underwood, M.R. Byrnes, and M.W. Hiland, 1993. Regional impacts of inlet engineering and beach replenishment at Fenwick and Assateague Islands, Maryland. In: List, J.H. (editor), Large-Scale Coastal Behevior'93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 185-188. Byrnes, M.R., R.A. McBride, S. Penland, M.W. Hiland, and K.A. Westphal, 1991. Historical changes in shoreline position along the Mississippi Sound barcier Islands. In: Coastal Deposkional Systems in the Gulf of Mexlco: quaternary Framework and Environmental Issues, GCS-SEPM 12'" Annual Research Conference, pp. 43-55. Byrnes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and J. Rowland, 1991. OtYshore sand resources for coastal erosion in Louisiana: physical environmental considerations and economic feasibility. MTS'91 Proceedings, Marine Technobgy Society, Washington, D.C., pp. 755-761. 11l17I2006 Mark R. Byrnes 5 of 19 Byrnes, M.R., R.A. McBride, and M.W. Hiland, 1991. Accuracy standards and development of a national shoreline change database. In: N.C. Kraus, K.J. Gingerich, and D.L. Kdebel (editors), Coastal Sediments'91, Amedcan Society of Civil Engineers, New York, NY, pp. 1027-1042. Anders, F.J. and M.R. Byrnes, 1991. Accuracy of shoreline change rates as determined from maps and aerial photographs. Shore and Beach, 59(1): 17-26. Hansen, M. and M.R. Byrnes, 1991. Development of optimum beach flit design cross section. In: N.C. Kraus, K.J. Gingerich, and D.L. Kriebel (editors), Coastal Sediments'91, American Society of Civil Engineers, New York, NY, pp. 2067-2080. McBride, R.A., M.R. Bymes, S. Penland, D.L. Pope, and J.L. Kindinger, 1991. Geomorphic history, geologic framework, and hard mineral resources oflhe Petit Bois Pass area, Mississippi-Alabama. In: Coastal Depositional Systems in the Gulf of Mexico: Quaternary Framework and Environmental Issues, GCS-SEPM 12th Annual Research Conference, pp. 116-127. McBride, R.A., M.W. Hiland, S. Penland, S.J. Williams, M.R. Byrnes, K.A. Westphal, B. Jaffe, and A.H. Ballenger, Jr., 1991. Mapping barrier Island changes in Louisiana: Techniques, Accuracy, and Results. In: N.C. Kraus, K.J. Gingerich, and D.L. Kriebel (editors), Coastal Sediments '91, American Society of Civil Engineers, New York, NY, pp. 1011-1028. McBride, R.A., D.W. Davis, F.W. Jones, M.R. Byrnes, D. Braud, M.W. Hiland, A.J. Lewis, and H.R. Streiffer, 1991, Louisiana Coastal Geographic Information System Network (LCGISN): access to spatial data. Meridian, 6: 29-43. Bymes, M.R. and K.J. Gingerch, 1987. Cross-island profile response to Hurcicane Gloria. In: N.C. Kraus (edltor), Coastal Sedimerds'87, American Society of Civil Engineers, New York, NY, p. 1488- 1502. Books and Edited Volumes Byrnes, M.R., M. Crowell, and C. Fowler, 2003. Shoreline Mapping and Change Analysts: Technical Considerations and Management Implications. Journal of Coasla{ Research, Special Issue 38, 215 p. John, C.J. and M.R. Byrnes, 1995. Gulf Coast Association of Geological Societies Transactions, Gulf Coast Geology: A Global Resource. GCAGS 45th Annual Convention, Baton Rouge, lA, 648 p. Technical Reports Byrnes, M.R., 2006. Processes Affecting Wetland Change In the Calcasieu-Sabine Basin with Special Reference to DorA Energy Corporation Property. Expert Report to Defendants, 41 pp. Byrnes, M.R. and S.F. Griffee, 2006. Regional Sediment Transport Patterns Relative to Engineering Activities at the Mouth of the Columbia River, Washington/Oregon. Report to the U.S. Army Corps of Engineers, Portland District, Portland, OR, 45 p. plus 5 Appendices. Byrnes, M.R., 2006. Chronology of Everts Affecting Wetland Change in Terrebonne Parish wtth Special Reference to Harry Bourg Corporation Property. Supplemental Expert Report to Frilot, Partridge, Kohnke 8 Clements, LC, 30 p. Byrnes, M.R., 2005. Processes Affecting Wetland Change in Terrebonne Parish with Special Reference to Harty Bourg Corporation Properly South of Falgout Canal Between Bayou Du Large and the Houma Navigation Canal. Expert Report to Kean, Miller, Hawthorne, D'Armond, McGowan, & Jarman, LLP, 37 p. Bymes, M.R. and J.L. Baker, 2005. Sediment Budget Analysis: Culloden Point to Shagwong Point, Lake Montauk, NY. Final Report to Offshore and Coastal Technologies, Chadds Ford, PA, 17 p. 11n7fn106 Mark R. Byrnes 6 of 19 Hammer, R.M., M.R. Byrnes, D.B. Snyder, T.D. Thibaut, J.L. Baker, S.W. Kelley, J.M. Cote, L.M. Lagera, S.T. Viada, B.A. VHtor, J.S. Ramsey, and J.D. Wood, 2005. Environmental Surveys of Potential Borrow Areas on the Central East Florida Shelf and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Marine Minerals Branch, Herndon, VA. OCS Report MMS 2004-037, Volume I: Main Text, 328 pp. + Volume II: Appendices, 276 pp. Byrnes, M.R., R.M. Hammer, S. W. Kelley, J.L. Baker, D.B. Snyder, T.D. Thibaut, S.AZichichi, L.M. Lagera, S.T. Veda, B.A. Vittor, J.S. Ramsey, and J.D. Germano, 2004. Environmental Surveys of Potential Borrow Areas Offshore Northern New Jersey and Southern New York and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department oithe Interior, Minerals Management Service, Leasing Division, Marine Minerals Branch, Herndon, VA. OCS Report MMS 2004-044, Volume I: Main Text 264 pp. + Volume II: Appendices 194 pp. Wise, L.A., T.N. McLellan, and M.R. Byrnes, 2004. Feasibility analysis of shore protection for Rockefeller Wildlife Refuge in the chenier plain of southwestern Louisiana (USA). Proceedings Coastal Structures '03, Portland, OR, 13 p. Byrnes, M.R., R.M. Hammer, B.A. Vitlor, S. W. Kelley, D.B. Snyder, J.M. Cote, J.S. Ramsey, T.D. Thibaut, N.W. Phillips, and J.D. Wood, 2003. Collection of Environmental Dala Within Sand Resource Areas Offshore North Carolina and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Sand and Gravel Unil, Herndon, VA. OCS Report MMS 2000-056, Volume I: Main Texl, 256 pp. + Volume II: Appendices, 69 pp. Baker, J.L. and M.R. Byrnes, 2004. Appendbc F: Shoreline and Bathymetry Data. In: Kraus, N.C. and H.T. Arden (editors), North Jetty Performance and Entrance Channel Maintenance, Grays Harbor, Washington. Technical Report ERDClCHL TR-03-12, US Army Engineer Research and Development Center, Vickburg, MS. Byrnes, M.R. and J.L. Baker, 2003. Chapter 3: Inlet and Nearshore Morphodynamics. In: Kraus, N.C. and H.T. Arden (Editors), North Jetty Performance and Entrance Navigation Channel Maintenance, Grays Harbor, Washington, Volume I: Main Texl. ERDC/CHL TR-03-i2, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, pp. 67-136. Byrnes, M.R., and F. Li, 2003. Chapter 3: Regional Processes. In: Gailani, J.Z. and others, Monitoring Dredged Material Disposal at Mouth of Columbia River, Washington/Oregon, USA. Technical Report TR-03-5, USAE Research and Development Center, Coastal and Hydraulics Laboratory, Vicksburg, MS, pp. 42-82. Byrnes, M.R., J.L. Baker, and N.C. Kraus, 2003. Coastal sediment budget for Grays Harbor, WA. In: Proceedings Coastal Sediments 2003, The Fiflh International Symposium on Coastal Engineering and Science of Coastal Sed(ment Processes, Clearwater, FL, 10 p. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of ident~ed sand resource areas offshore Alabama. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U.S. Minerals Management Service, New Orleans, LA, pp. 333-340. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of potential sand resource sites: offshore New Jersey. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U,S. Minerals Management Service, New Orleans, LA, pp. 349-354. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Collection of environmental data within sand resource areas offshore North Carolina and the environmental implications of send removal for coastal and beach restoration. 21st Annual Information Transfer Meeting Proceedings, MMS 2003- 005, U.S. Minerals Management Service, New Orleans, lA, pp. 355-360. Mark R. Byrnes 7 of t9 - , Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2003. Numerical modeling evaluation of the cumulative physical effects of offshore sand dredging for beach nourishment. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U.S. Minerals Management Service, New Orleans, LA, 417-422. Kraus, N.C. and M.R. Bymes, 2002. Technical Comments on 30 September 2002 Final Report "Independent Study Report, Brevard County, Florida, Shore Protection Project' by Independent Coastal Expert Team (ICET). Memorandum for Record dated 2 December 2002 from the U.S. Artny Engineer Research and Development Center, Coastal and Hydraulcs Laboratory, Vicksburg, MS to U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, FL, 21 pp. Bymes, M.R., F. Lf, and J.D. Rosati, 2002. Inlets Online: A Tutorial for Evaluating InIeUBeach Processes Using Aerial Photography. ERDC/CHL CHETN-IV-51, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, 10 p. Byrnes, M.R., J.L. Baker, and F. Li, 2002. Quantifying potential measurement ercors and uncertainties associated with bathymetrfc change anaysis.ERDC/CHL CHETN-IV-50, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, 17 p. Kelley, S.W., J.S. Ramsey, and M.R. Bymes, 2001. Numerical Modeling Evaluation of the CumulatNe Physical Effects of Offshore Sand Dredging for Beach Nourfshment. U.S. Department of the Interior, Minerals Management Servk:e, international Activities and Marine Minerals Division (INTERMAR), Herndon, VA. OCS Report MMS 2001-098, 96 pp. + 90 pp. appendices Cote, J.M. and M.R. Bymes, 2001. Total Current Observations, Hudson River, Rensselaer, NY: March 27, 2001. Final Report to ENSR International, Acton, MA, 40 pp. Cote, J.M. and M.R. Bymes, 2001. Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Transportation System. Final Report to Paragon Engineering, Inc., Houston, TX, 35 pp. Byrnes, M.R., R.M. Hammer, B.A. Vdtor, J.S. Ramsey, D.B. Snyder, J.D. Wood, K.F. Bosma, T.D. Thibaut, and N.W. Phillips, 2001. Environmental Survey of Potential Sand Resource Sites: Offshore New Jersey, Volume 1: Main Text, Volume Ii: Appendices. U.S. Department of the Interior, Minerals Management Service, Intematlonal Activities and Marine Minerals Division (INTERMAR), Hemdon, VA. OCS Report MMS 2000-052, 380 pp. + 284 pp. appendices. Byrnes, M.R. and F. LI, 2000. Historical Shoreline Change Analysis: Satellite Beach to Fort Pierce Inlet, Florida. Final Report to the Sebastian Inlet Tax District Commission, Indialantic, FL, 88 pp. Byrnes, M.R., 2000. Sediment Erosion and Deposition Resulting from Steamship Authority Vessel Operations in Hyannis Inner Harbor and the Impact on Sedimentation at Hyannis Marina. Expert Report for Rubin and Rudman, LLP, Boston, MA, 27 pp. Bymes, M.R., J.S. Ramsey, R.M. Hammer, and E.A. Wadman, 2000. Assessing Potential Environmental Impacts of Offshore Sand and Gravel Mining. Final Report to the Commonwealth of Massachusetts, ExecutNe Oftlce of Environmental ABairs, Coastal Zone Management, 48 pp. Kelley, S.W., J.S. Ramsey, and M.R. Bymes, 1999. Comparison of Numerical Spectral Wave Transformation Models for Evaluating the Physical Environmental Impede of Offshore Sand Mining. Report to the U.S. Department of the Interior, Minerals Management Service, Intematlonal Ac9vitles and Marine Minerals Division (INTERMAR), Hemdon, VA, 24 pp. Byrnes, M.R., 1999. Sediment Depositbn at Hyannis Marina Resulting from Steamship AuthorHy Vessel Operations in Hyannis Harbor, 1988 to 1998. Report to Rubin and Rudman, LLP, Boston, MA, 7 pp. 11/77/2006 Mark R. Bymes a of to s Byrnes, M.R., R.M. Hammer, B.A. Vittor, J.S. Ramsey, D.B. Snyder, K.F. Bosma, J.D. Wood, T.D. Thtbaut, and N.W. Phillips, 1999. Environmental Study of IdenlMed Sand Resource Areas Offshore Alabama: Volume I: Main Text, Volume II: Appendices. U.S. Department of the Interior, Minerals Management Service, International Adlvities and Marine Minerals Division (INTERMAR), Herndon, VA. OCS Report MMS 99-0052, 326 pp. + 132 pp. appendlces. Kraus, N.C., M.R. Byrnes, and A-L. Lindquist, 1999. Coastal Processes Assessment for Brevard County, Florida, whh Special Reference to Test Plaintiffs. Technical Report CHL-99-6, U.S. Army Corps of Engineers, Waterways Experment Slaiion, Coastal and Hydraulics Laboratory, Vicksburg, MS, 162 p. Byrnes, M.R., and F. Li, 1999. Regional Analysis of Sediment Transport and Dredged Material Disposal Patterns, Columbia RlverMoulh, Washington/Oregon, and Adjacent Shores. Final Report to USAE Waterways Experiment Station, Coastal and Hydraulics Laboratory, Vicksburg, MS, 45 p. Fields, M.L., M.R. Byrnes, and K.F. Bosma, 1998. Historical Shoreline Change Analysis: Western Town Line to Horton Point, Southold, New York. Final Report to the Town of Southold, Suffolk County, NY, 86 p., 2 appendlces. Taylor, M.J., M.R. Byrnes, and R.A. McBrtde, 1996. Forrn/process relationships and geomorphic evolution of the southwest Louisiana Chenier Plain. Gulf Coast Association Geological Societies Transactions, 46:413-422. McBride, R.A., M.R. Byrnes, and L.C. Anderson, 1996. Shelf sedimentary faces offshore southwestern Alabama and western Florida Panhandle: Northeastern Gulf of Mexico. Gulf Coast Association Geological Socieifes Transactions, 46:287-299. Byrnes, M.R. and RA. McBride, 1996. Coastal erosion hazards in Louisiana. In: O.K. Huh (editor), Natural Coastal Environmental Hazards, Report of a Workshop by NASA and Louislana Stale University, Baton Rouge, LA, pp. 81-71. Byrnes, M.R. and R.A. McBride, 1996. Shoreline change along the Chenier Plain. Coastwise, Byrnes, M.R. and R.A. McBride, 1998. Northeast Guft of Mexico hard mineral resources study. Proceeding of the 15th Annual Infomtallon Transfer Meeting, U.S. Department of the Interior, Minerals Management Service, New Orleans, lA, pp. 481-486. Byrnes, M.R., R.A. McBdde, L.C. Anderson, M.J. Tayor, and R.R. Zenero, 1995. Sedimentary Processes, Geologic Framework, and Coastal Erosion Issues ofthe Chenier Plain in Southwestern Louislana. Fieldtrip Guidebook for the 45th Annual Meeting of the Gulf Coast Association of Geological Societies, 196 p. Byrnes, M.R. and R.A. McBride, 1995. Preliminary Assessment of Beach Response to a Segmented Breakwater System: Constance Beach and VlcinNy, 1990-1994. Final Repoli to Louisiana Department of Natural Resources, Coastal Restoration Division, Baton Rouge, LA, 102 P~ Byrnes, M.R. and R.A. McBdde, 1995. Shoreline Response to Natural and Human-Induced Processes Along theChenferPlainofSouthwesternLouisiana. LouisianaBaMerlslandWorkshop, Coalition to Restore Coastal Louisiana, Baton Rouge, LA, 5 p. Byrnes, M.R., R.A. McBride, S.G. Underwood, and K.P. Corbiey, 1994. Losing ground: mapping Louisiana's disappearing coastline. GPS World, p. 46-50. Hlland, M.W. and M.R. Byrnes, 1994. New York Bight Study, Report 4, Geographic Information System and Relational Database Management System Development. Technical Report CERC-94- 4, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 81 p. 1 111 712 0 0 6 Mark R. Bymes 8 0l 79 Wayne, L.D., M.R. Byrnes, J.D. Hayden, and G. Pallinti, 1994. An analytical model for classifying land loss in Louisiana. Proceedings of the Second Thematic Conference on Remote Sensing for Marine and Coastal Environments. Volume 1, p. 879-686. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1994. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phase IV - Differential GPS Survey For Mapping High-Water Shoreline Poskion. Final Report to Federal Emergency Management Agency, Otflce of RlskASSessment, Washington, D.C., 164 p. Bymes, M.R.,1993. Sea-level rise and shorellne change. In: Nalionai Park SeMce Gbbal Change and Coastal Dynamics Workshop Proceedings, Charlottesville, VA, 11 p. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1893. Historical shorellne poskion change for the mainland beach in Harrison County, Mississippi. in: O.T. Magoon, W.S. Wilson, H. Converse, and L.T. Tobin (edtors), Coastal Zone '93, American Society of Civil Engineers, New York, NY, pp. 1406.1420. Hiland, M.W., M.R. Byrnes, R.A. McBride, and F.W. Jones, 1993. Change anaysis and spatial information management for coastal environments. MlcroStation Manager, 3(3): 58-81. Wayne, L.D., M.R. Bymes, L.D. Brksch, S. Penland, P.L. Wilkey, T.A. Williams, and S.J. Williams, 1993. A method for classifying land loss by geomorphology and process. In: S. Laska and A. Puffer (editors), Coastlines of the Gulf of Mexico, Coastal Zone '93, American Society of Civil Engineers, New York, NY, pp. 85-95. Stauble, D.K., G.W. Holem, M.R. Bymes, F.J. Anders, and E. Meisburger, 1993. SUPERDUCK Beech Sediment Sample Experiment: Beach Profile Change and Foreshore Sediment Dynamics. Technical Report CERC-93-4, US Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 41 p. Bymea, M.R., M.W. Hiland, and R.A. McBride, 1993. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phase III - Dala Analysis and Interpretation. Final Report to Federal Emergency Management Agency, Office of Risk Assessment, Washington, D.C., 102 p. Debusschere, K., S. Penland, K.E. Ramsey, D. Lindstedt, K.A. Westphal, R. Seal, R.A. McBride, M.R. Bymes, and E. Owens, 1993. Implementing the shoreline cleanup assessment team process in the Gulf of Mexico. ProceedMgs of International Oil Spill Conference, American Petroleum Instkute, Washington, D.C., p. 95-97. Byrnes, M.R. and C.G. Groat, 1992. Characterization ofthe development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: an introducllon. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA, pp. 75-78. Byrnes, M.R. and C.G. Groat, 1992. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: conclusions and recommendations. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA, pp. 94-95. Byrnes, M.R. and P. Patnaik, 1992. An evaluation of physical environmental impacts of sand dredging on Ship Shoal. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, lA, pp. ti4-87. Wayne, L. and M.R. Byrnes, 1992. An Information Management Strategy to Ensure the Compatibility and Accessibilky of Data Generated in Conjunction with the Barataria-Terrebonne National Estuary Program. Final Report to U.S. Environmental Protection Agency, Barataria- Terrebonne National Estuary Program, Thibodaux, l.A, 35 p. i t/17r2000 Mark R. Bymes 10 of 18 Westphal, K.A., S. Penland, R.W. Seal, M.R. Byrnes, 1992. Aerial Videotape Survey of Coastal Louisiana, Mississippi, and Alabama 1991. Coastal Geology Map Series, Louisiana Geological Survey, Baton Rouge, LA, 163 p. Byrnes, M.R., J.S. Moody, and S.C. Knox, (contdbutors) 1891. Historical shoreline change in the northern Gulf of Mexico (Scale 1:2,000,000). Prepared for the U.S. Environmental Protection Agency, Louisiana Geological Survey, Baton Rouge, IA. Bymes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and T.A. Chisholm, 1991. Characterizalion of the Development Potential of Ship Shoal Sand for Beach Replenishment of Isles Dernieres. Final Reportto the U.S. Minerals Management Service, Office of Marine Minerals intemalional Affairs, Herndon, VA, 164 p. Bymes, M.R., M.W. Hiland, R.A McBride, and K.A. Westphal, 1991. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phases I and II -Data Compilation and Procedures. Final Report to Federal Emergency Management Agency, Office of Risk Assessment, Washington, D.C., 139 p. Hales, L.Z., M.R. Byrnes, and M.W. Dowd, 1991. Numerical modeling of stone-induced beach erosion, Folly Beach, South Carolina, Beach Fill Alternatives. In: O.T. Magoon et al. (editors), Coastal Zone'91, American Society of Civil Engineers, New York, NY, pp. 495-509. McBride, R.A., D.W. Davis, F.W. Jones, M.R. Byrnes, D. Braud, M.W. Hiland, A.J. Lewis, H.R. Strelffer, and S.J. Williams, 1991. Louisiana Coastal Geographic Information System Network (LCGISN): Access to Spatial Data. U.S. Geological Survey Open File Report 91-622, 17 p. Bymes, M.R., S. Penland, R.A. McBride, K.A. Westphal, and D.W. Davis, 1990. Computer Mapping, Aerial Videotape Surveys, and Geographic Information Systems: An Integrated Approach to Developing a Shoreline Change Database. Great Lakes Shoreland Management Workshop, Cleveland, OH, p. 21-29. Larson, M., N.C. Kraus, and M.R. Bymes, 1990. SBEACH: Numerical Model for Simulating Storm- Induced Beach Change, Report 2, Numer'~cal Formulation and Model Tests. Technical Report CERC 89-9, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 117 p. Byrnes, M.R., 1989. SUPERDUCK Beach Sediment Sampling Experiment, Report 1, Data Summary and Initial Observations. Miscellaneous Paper CERC-89-18, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 52 p. Byrnes, M.R., K.J. Gingerich, S.M. Kimball, and G.R. Thomas, 1989. Temporal and spatial variations in shoreline migration rates, Metompkin Island, Virginia. In: D.K. Stauble (editor), Barter Islands: Process and Management, Proceedings Coastal Zone '89, American Society Civil Engineers, New Yark, h1Y, p. 78-92. Byrnes, M.R., 1988. Holocene Geology and Migration of aLow-Profile Barrier Island System, Melompkin Island, Virginia. PhD Dissertation, Oceanography Department, Old Dominion University, Nortolk, VA, 419 pp. Oertel, G.F., M.R. Byrnes, and K.J. Gingerich, 1985. Sediment Budget Analysis for Fort Story Section of Shore at Cape Henry, Virginia. Tech. Report 85-2, Oceanography Department, Old Dominion University, Norfolk, VA, 464 pp. Gingerich, K.J. and M.R. Bymes (editors), 1984. Field Guide to Coastal Geologic Problems of Tidewater, Virginia. 11~h Annual Shelf and Shore Workshop Fieldtrip Guidebook, Nortolk, VA, 66 PP• Oertel, G.F., K.J. Gingerich, and M.R. Byrnes, 1982. Sediment Budget and Shoreline Dynamics, East Ocean View, Nortolk, Virginia. Technical Report 82-6, Oceanography Department, Old Dominion University, Norfolk, VA, 28 pp. Mark R. Bymea 110119 Byrnes, M.R. and G.F. Oenel, 1981. Panicle size distribution of suspended solids In the Chesapeake Bay entrance and adjacent shelf waters. In: J.W. Campbell and J.P. Thomas (editors), Chesapeake Bay Plume Study - SUPERFLUX 1980. NASA Conference Publication 2188, p. 223-235. Technical Presentations Byrnes, M.R. and S.F. Gnftee, 2006. Sedimentary Response to Navigation Structures at the Mouth ofthe Columbia River, Washington/Oregon, USA. Association of Engineering and Environmental Geologists Annual Meeting, Invfted Paper to the Symposium Coastal Processes and Geotechnicai Response, Boston, MA. Byrnes, M.R., 2006. Evaluating potential physical and environmental effects of offshore sand removal for coastal and beach restoration: central east Florida and the New York Bight. First MMS Marine Minerals Program Information Transfer Meeting, Melbourne, FL. Byrnes, M.R., 2006. Shoreline Mapping and Management. Shoreline Change Conference II: A Workshop on Managing Shoreline Change. NOAA Coastal Services Center, Chaneston, SC. Byrnes, M.R., 2004. Potential physical and biological Impacts of sand mining on the Outer Continental Shelf, Offshore Alabama. American Shore and Beach Preservation Association Annual Meeting, New Oneans, LA. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of Identified sand resource areas offshore Alabama. 21st Annual Information Transfer Meeting, U.S. Minerals Management SeMce, New Orieans, LA. Bymes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of potential sand resource sfles: offshore New Jersey. 21st Annual Information Transfer Meeting, U.S. Minerals Management SeMce, New Oneans, LA. Bymes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Collection of environmental data within sand resource areas offshore Nonh Carolina and the environmental implications of sand removal for coastal and beach restoraton. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Oneans, l.A. Kelley, S. W., J.S. Ramsey, and M.R. Bymes, 2003. Numerical modeling evaluation of the cumulative physical effects of offshore sand dredging for beach nourishment. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., R.A. McBride, and J.L. Baker, 2002. Consisterd spatial reference feature for quantifying shoreline change: physical significance versus convenience. Shoreline Change Conference 2002, NOAA Coastal Services Center, Chaneston, SC. Coti3, J.M. and M.R. Bymes, 2002. Spatial and temporal variability of circulation patterns at offshore shoals on the eastern Florida Continental Shelf AGU EOS Transactions, 83(4): OS136, Coastal Sciences Meeting, Honolulu, HI. Bymes, M.R. and R.M. Hammer, 2001. Evaluating potential environmental impacts of sand mining on the Outer Continental Shelf, offshore New Jersey. Coastal Zone 2001, Cleveland, OH. Bymes, M.R., J.S. Ramsey, K.F. Bosma, and F. Li, 2000. Nearshore sediment dynamics and potential physical environmental Impacts of sand mining on the Outer Continental Shelf, Offshore Alabama. Gulf of Mexico Symposium 2000, Mobile, AL. Byrnes, M.R. and N.C. Kraus, 1999. Regional sediment transport patterns adjacent to Canaveral Harbor, Florida. Coastal Sedimenta'99, American Society of Civil Engineers, Long Island, NY. ~ iri~rp0e Merk R. Byrnes 12 of 19 Byrnes, M.R., 1997. Holocene geomorphic evolution of the southwest Louislana Chenier Plain. USGS Center for Coastal Geobgy, St. Petersburg, FL (Invited Lecturer). Bymes, M.R., R.A. McBride, M.J. Taylor, and R.R. Zenero, 1996. Holocene sedimentary framework of transgressions and regressions along the chenier plain, southwestern Louisiana. Gulf Coast Association of Geological Sodeties, p. 472. McBride, R.A and M.R. Bymes, 1996. Shelf sedimentary facies offshore southwestern Alabama and western Florida Panhandle: northeastern Gulf of Mexico. Gulf Coast Association of Geological Sodeties. Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1996. Form/process relationships and the geomorphic evolution of the southwest Louisiana chenier plain. Gulf Coast Association of Geological Sodeties. Bymes, M.R. and McBride, R.A., 1998. Spatial and temporal variations in shoreline position change along Louisiana's outer coast. Geological Society of America (GSA): 30th Annual South-Central Section, March 11-12, Austin, TX, Abstracts with Programs, v. 28(1), February, p. 7 (Invited Paper). Taylor, M.J., Md3ride, R.A., and Byrnes, M.R., 1996. Sediment sources for southwest Louisiana cheniers. American Assocatian of Geographers (AAG), 92nd Annual Meeting, April 9-13, Charlotte, North Carolina, Abstract with Program, p. 291. Byrnes, M.R., McBride, R.A, Seng, D.L., Zenero, R.R., and Taylor, M.J.,1995. Gedogic framework of Holocene sedimentary deposits of the central Chenier Plain, southwestern Louisiana, Geological Socety of America, Abstracts with Program, v. 27, p. A-272 (Invited Paper). Byrnes, M.R., McBride, R.A., Tao, Q. and Duvic, L., 1995. Historical shoreline dynamics along the Chenier Plain of southwestem Louisiana. American Association of Petroleum Geologists Bulletin, v. 79. Anderson, L.C., Bymes, M.R. and McBride, R.A., 1995. Paleoenvironmental and taphonomic evidence of diverse bioclast sources for southwestem Louisiana cheniers. American Association of Petroleum Geologists Bulletin, v. 79. Anderson, L.C., Byrnes, M.R., and McBride, R.A., 1995. Macroinvertebrate iaphonomy of the southwestern Louisiana Chenier Plain: evidence of diverse blociast sources, depositional regimes, and dynamic h(stories. Geological Society of America, Abstrects with Program, v. 27, p. A-446. McBride, R.A and Byrnes, M.R., 1995. Processes of barrier shoreline change in Louisiana between 1855 and 1994: development of a geomorphic response-type model. Geological Society ofAmerica, Abstracts with Program, v. 27, p. A-341. McBride, R.A., Byrnes, M.R., and Anderson, L.C., 1995. Late Quaternary lowstand and transgressive systems tracts of the northeastern Gulf of Mexico: surfaces, facies, and stratigrephy. American Association of Petroleum Geologists, Official Program, v. 4, p. 63A. McBride, R.A. and Bymes, M.R., 1995. A megascale systems approach to shoreline change analysis and coastal management along the northern Guli of Mexico. American Association of Petroleum Geologists Bulletin, v. 79. McBride, R.A. and Byrnes, M.R., 1995. Surticial sediments and morphology of the southwestern AlabamaNvestem Florida Panhandle coast and shelf. American Association of Petroleum Geologists Bulletin, v. 79. Taylor, M.J., Bymes, M.R., and McBride, R.A., 1995. Sediment texture and composition changes along the southwest Louislana coast: Implications for sediment supply. American Assocation of Petroleum Geologists Bulletin, v. 79. 1 1 /1 712009 Mark R. Byrnes 13 of 19 Taylor, M.J., Byrnes, M.R., and McBrde, R.A., 1995. Local and distant sediment sources to the southwest Louisiana Chenier Plain. Geological Society of America, Abstracts with Program, v. 27, p. A-279. Zenero, R.R., Seng, D.L., Byrnes, M.R. and McBride, R.A., 1995. Geophysical techniques for evaluating the internal structure of chanters, southwestern Louisiana. American Association of Petroleum Geologists Bulletin, v. 79. Zenero, R.R., Seng, D.L., Byrnes, M.R., and McBride, R.A., 1995. Applications of ground penetrating radar on the southwest Louisiana Chenier Plain. Geological Society of America, Abstracts with Program, v. 27, p. A-449. Byrnes, M.R., R.A. McBride, and S. Underwood, 1995. Beach response to a segmented breakwater system: southwestern Louisiana. Eighth Annual National Conference on Beach Preservation Technology, St. Petersburg, FL. Byrnes, M.R. and R.A. McBride, 1995. Shoreline response to natural and human-Induced processes along the Chenier Plain of soulhwestem Louisiana. Louisiana Barrier Shoreline Restoration Workshop, New Orleans, l.A. Byrnes, M.R., M.W. Hiland, R.A McBride, and M. Bradshaw, 1994. Monitoring shoreline change. Second Thematic Conference on Remote Sensing for Marine and Coastal Environments, New Orleans, LA. McBride, R.A., Anderson, L.C., and Byrnes, M.R., 1994. Late Quaternary transgressive deposits and surfaces on the southeast Alabama/Florida Panhandle shelf: facies, stretigraphy, and chronology. Society for Sedimentary Geology Researoh Conference on Clastic Deposits of the Transgressive Systems Tracts, Long Beach, WA, July 10-16. Byrnes, M.R. and M.W. Hiland, 1993. Regional seatbor changes near St. Marys Entrance, GeorgialFlorida, and their influence on shoreline response. Large-Scale Coastal Behavior 53, St. Petersburg, FL. McBride, R.A. and Byrnes, M.R., 7993. Geomorphic response types along barter coastlines: a regional perspective. Poster session presented at Large Scale Coastal Behavlor'93 (LSCB'93) conference, St. Petersburg, FL, Nov. 15-19. Byrnes, M.R. and D. Braud, 1993. Assessing accuracy of coastal change mapping in Louisiana: Moderator. Panel Discussion at the Ninth Annual Remote SensinglGlS Workshop, Lafayette, LA Byrnes, M.R., S. Penland, and D.W. Davis, 1992. Man-Induced Impacts on the Coastal Zone of Louisiana. 41"Annual Meeting of the Southeastern Section of the Geological Society of America, Winston-Salem, NC. Byrnes, M.R., 1992. Shoreline Change Methodology. Louisiana Barrier Island Workshop. Sponsored by the U.S. Geological Survey and Louisiana Stale University at Louisiana Universllies Madne Consortium, Cocodde, lA. Byrnes, M.R., 1991. Physical Environmental Impacts of Sand Mining at Ship Shoal. 12'" Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., 1991. A GIS Strategy for Mapping Historical Shoreline Position. Seventh Annual Remote Sensing and GIS Workshop, New Orleans, LA. Byrnes, M.R., R.A. McBride, and M.W. Hiland, 1991. Accuracy standards and development of a national shoreline change database. Coastal Sediments'91, Seatge, WA. Byrnes, M.R., R.A. McBride, S. Penland, and M.W. Hiland, 1991. Classiflcation of shoreline change. The Coastal Society 12"' International Conference, San Antonio, TX. 11/17@006 Mark R. Byrnes 14 of 19 r ~ Byrnes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and J. Rowland, 1991. offshore sand resources for coastal erosion in Louisiana: physical environmental considerations and economic feasibility. Madne 7echnobgy Society'91, New Orleans, LA. Byrnes, M.R., R.A. McBride, S. Penland, M.W. Hiland, and K.A. Westphal, 1991. Historical changes in shoreline position along the Mississippi Sound barrier islands. Gutf Coast Section- Sociely of Economic Paleontologists end Mineralogists 12th Annual Research Conference, San Antonio, TX. Byrnes, M.R., S. Penland, R.A. McBride, and K.A. Westphal, 1991. Louisiana's disappearing shores America's coastal erosion hot spot. Invited speaker. American Association for the Advancement of Science, Washington, D.C. Byrnes, M.R., 1991. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: Introduction and Objectives. U.S. Minerals Management Service 12th Annual Informatlon Transfer Meeting, New Orleans, LA. Byrnes, M.R., 1991. Physical environmental impacts of sand mining al Ship Shoal. U.S. Minerals Management Service 12th Annual Informatlon Transfer Meeting, New Orleans, lA. Byrnes, M.R., 1991. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: Summary and future direction. U.S. Minerals Management Service 12th Annual Information Transfer Meeting, New Orleans, LA. McBride, R.A. and Byrnes, M.R., 1991. Geologic framework and hard mineral resources in the Petit Bois Pass and adjacent shelf area, Mississippi-Alabama. Core presentation at the 41 st annual Gulf Coast Association of Geological Societies (GCAGS) meeting, Houston, TX, Oct. 16-18. Byrnes, M.R., S. Penland, R.A. McBride, K.A. Westphal, and D.W. Davis, 1990. Computer Mapping, Aerial Videotape Surveys, and Geographic Information Systems: An IntegraledApproach to Developing a Shoreline Change Database. Great Lakes Shoreland Management Workshop, Cleveland, OH. Byrnes, M.R., 1989. Antecedent topographic control on barderislands and inlets. Guest Seminar, Geology Department, Middlebury College, Middlebury, Vi. Byrnes, M.R., 1988. Sedimentation patterns and processes along Metompkin Island, Virginia. Guest Seminar, United States Geological Survey, Reston, VA. Byrnes, M.R. and K.J. Gingerich, 1987. Cross-island profile response to Hurricane Gloria. Coastal Sediments'87, New Odeans, LA. Byrnes, M.R., 1986, Subaerial sediment budget analysis: a means of quantifying barrier island migration. Guest Seminar, Coastal Engineedng Research Center, Vicksburg, MS. Byrnes, M.R., 1988. Morphodynamics of Virginia's barcier island chain. Guest Seminar, Environmental Sciences Department, UniversHy of Virginia, Chartollesville, VA. Byrnes, M.R. and K.J. Gingench, 1985. Sediment budget anaysis along a transgressive barrier shoreline. 12`h Annual Shelf and Shore Workshop, Duck, NC. Byrnes, M.R. and K.J. Gingerich, 1985. Thee(fect o(lagoonal characteristics an the transgressive nature of Metompkin Island, Virginia (awarded best student paper). Virginia Journal of Science Abstract, 36: 147. Byrnes, M.R. and G.F. Oertel, 1981. Particle size distribution of suspended solids in the Chesapeake Bay entrance and adjacent shelf waters. SUPERFLUX 1980 -Chesapeake Bay Plume Study Workshop, NASA Langley Research Center, Newport News, VA. ~ tit7~20(Ki Mark R. Byrnes 15 of 19 - Litigation SuppoR Department of Justice, Washington, D.C., Applegate et al. v. the Untied States of America, 1996- 1999, Coastal Processes Assessment for Brevard County, Florida, with Special Reference to Test Plaintiffs. Client: U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, FL. Rubin and Rudman, LLP, Boston, MA, Hyannis Marine SeMce LTD v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, Civil Action No. 98 CV 11771 WGY, U.S. District Court, Massachusetts, 1999-2000. Sediment Erosion and Deposlt(on Resulting from Steamship Authority Vessel Operations in Hyannis Inner Harbor and the Impact on Sedimentation at Hyannis Marina. Client: Hyannis Marina. Kean, Miller, Hawthorne, D'Armond, McGowan, 8r Jarman, Baton Rouge, LA, Plaquemines Parish Government v. ChevronTexaco, 2003. Expert regarding historical wetland changes in West Bay, LA. Client: ChevronTexaco. Kean, Miller, Hawthorne, D'Armond, McGowan, & Jarman, Baton Rouge, LA, Harty Bourg Corporation v. EbfonMobil et al., 32nd JDC, Terrebonne Parish, LA, 20042005. Processes Affecting Wetland Change in Terrebonne Parish wNh Special Reference to Harry Bourg Corporation Propeny South of Falgout Canal Between Bayou Du Large and the Houma Navigation Canal. Clients: Devon Energy, F~fxonMobil, Forest Oil, Danbury Oil, British Petroleum, KCS Energy. DLA Piper Rudnlek Gray Cary US LLP, New York, NY, Town of Southampton v. County of Suffolk, 2005-2006. Consultant to Town regarding beach erosion between Westhampton to Georgics Pond related to shore-perpendicular engineering structures. Client :Town of Southampton. Kean, Miller, Hawthorne, D'Artnond, McGowan, 8 Jarman, Baton Rouge, LA, Dora Energy Corporation v. Carter-Langham et al., 38tH JDC, Cameron Parish, LA, 2006. Processes Affecting Wetland Change in the Calcasieu-Sabine Basin with Special Reference to DorA Energy Corporation Property. Clients: Transco Exploration, Pitco USA, ExxonMobil, Samedan Oil, Exchange Oil and Gas. Research Grants and Contracts U.S. Army Corps of Engineers, Mobile District, Planning and Environmental Division, 20062007. Channel Dredging Impacts on Shoreline Response at and Adjacent to Main Pass, Mobile Bay Entrance, Alabama. Principal Investigator. U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 2006-2008. Quantifying Regional Sediment Dynamics in Nearshore Environments: Historical Sediment Pathways, Lateral Inlet and Island Migration, and Detailed Sediment Budgets. Principal Investigator. U.S. Minerals Management Service, Leasing Division, Marine Minerals Branch, 20D5-2007. Potential Biological and Physical Impacts of Dredging on Offshore Ridge and Swale Features. Co-Program Manager with Continental Shelf Associates, Inc. U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 2002-2005. Quantifying Inlet Sedimentation Dynamics: Sediment Pathways, Overwash and Island Breaching, Detailed Sediment Budgets, and Navigation Channel Resources. Principal Investigator. ENSR International, 2001. Empire State Newsprint Project: Geophysical and Water Velocity Measurements for the Hudson River Field Program. Principal Investigator. U.S. Minerals Management Service, International ActNities and Marine Minerals Division, 2001- 2003. Environmental Surveys of Potential Borrow Areas Offshore Northern New Jersey and Southern New York and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Program Manager. ~~f1712006 Mark R. Byrnes i6of 19 Paragon Engineering, Inc., 2001. Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Transportation System. Principal Investigator. Offshore and Coastal Technologies, Inc.-East Coast, 2000-2001. Sediment Budget Evaluation Using Historical Shoreline and Beach Profile Data: Western Town Line to Horton Point, Southold, NY. Principal investigator. U.S. Minerals Management Service, Intemational Activities and Marine Minerals Division, 2000- 2002. Environmental Surveys of Potential Borrow Areas on the East Florida Shelf and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Principal Investigator. ENTRIX, Inc., 1999-2000. Evaluation of Geological and Physical Processes Impacts Associated with the Gulfstream Pipeline, Northeast Gult of Mexico. Principal Investigator. U.S. Army Corps of Engineers, Coastal and Hydraulics Laboratory, 1999-2002. Sediment Bypassing at Structured Entrances and Geomorphic Change Modeling. Principal Investigator. U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1999- 2001. Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment. Principal Investigator. Rubin and Rudman, LLP, 1999-2000. Sediment Erosion and Deposition Processes in Hyannis Inner Harbor, Hyannis, MA. Principal Investigator. U.S. Army Corps of Engineers, Coastal and Hydraulics Laboratory, 1999. Inlets Online: A Tutorial of Interpreting Aerial Photography for the Analysis of Sediment Transport Patterns and Geomorphic Change at Entrances. Principal Investigator. Massachusetts Coastal Zone Management, 1999. Study of the Environmental Impacts of Offshore Sand Mining. Principal Investigator. Sebastian Inlet Tax District Commission, 1998-1999. Historical Shoreline Change Analysis: Satellite Beach to Forl Pierce Inlet, Florida. Principal Investigator. Town of Southold, NY, 1998. Historical Shoreline Change Analysis: Western Town Line to Horton Point, Southold, NY. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Minerals Management Service, Intemational Activities and Marine Minerals Division, 1997- 2000. Collection of Environmental Data Within Sand Resource Areas Offshore North Carolina and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Principal Investigator (subcontractor io Aubrey Consulting, Inc.). U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1997- 2000. Environmental Survey of Potential Sand Resource Sites: Offshore New Jersey. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1997- 1999. Environmental Survey of Identified Sand Resource Sites Offshore Alabama. Principal Investigator (subcontractor to Aubrey Consulting, Inc.). U.S. Department of Justice, Environmental and Natural Resources Division, 1997-1998. Coastal Change Assessment for Brevard County, FL. Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1996-1998. Historical Sediment Transport Patterns, Columbia River Mouth and Adjacent Shores. Principal Investigator. U.S. Department of Justice, through Texas AE,M Research Foundation, 1996. Bathymetric Change Analysis for Assessing Downdritt Impacts Assocated with the Entrance Jetties. Principal Investigator. 11/17/2006 Mark R. B~, _ - U.S. Minerals Management Service, Office of International Activities and Marne Minerals, 1996. Environmental Impact Statement to Support Phase I of the Louisiana Barrier Shoreline Feasibility Study (Barataria-Terrebonne Basin Barrier Shoreline Restoration Effort). Principal Investigator. U.S. Mlnerata Management Service, Coastal Marine Institute, 1995-1997. Synthesis of Hard Mineral Resources of the Northeast Guli of Mexico Shelf: Spatial Distribution, Subsurtace Evaluation, and Sediment Budget. Principal Investigator, R. McBride Co-Principal Investigator. T. Baker Smith and Sons, Inc., through LA Department of Natural Resources, 1995-1997. Feasibility of Barrier Shoreline Restoration in Coastal Louisiana - Coastal Geoogy, Geomorphology, and Physical Processes. Principal Investigator, R. McBride Co-Pdncipal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1995-1996. Shoreline and Bathymetrb Change in Lake Pontchartrain. Principal investigator. U.S. Geological Survey, Naflonal Coastal Geology Program, 1995-1996. Geologic Processes Affecting Coastal Erosion in Western Louisiana, Including the Impad of Hurricane Andrew. Pdndpal Investigator, R. McBride Co-Principal Investigator. lJi Department of Natural Resources, Coastal Restoration Division, 1995-1996. Assessment of Beach Response to a Segmented Breakwater System: Southwest Louisiana Coast. Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1994-1996. Geographic Information System Development for Evaluating Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture, Analysis, and Management. Principal Investigator. LA Department of Natural Resources, Office of Coastal Restoration and Management, 1994- 1995. Technical Study Advisors forthe Coastal Wetlands Planning, Protection, and RestorationAcl (CWPPRA): Louisiana Barrier Island Study. Pdncipal Investigator, R.A. McBride Co-Principal Investigator. tf.3. Geological Survey, National Coastal Geology Program, 1994-1995. Geologic Processes Affecting Coastal Erosion in Louisiana, Including the Impad of Hurcicane Andrew. Principal Investigator, S. Penland Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1993-1994. Geologic Processes Affecting Coastal Erosion in Western Louisiana, Inducting the Impad of Hurricane Andrew. Pdndpal Investigator, S. Penland Co-Principal Investigator. U.S. Army Corps of Engineers, Coastal Engineering Research Center, 1993-1994. Geographic Information System and Relational Database Management System Development: New York Bight Study. Principal Investigator. Federal Emergency Management Agency, Office of RiskAssessment, 1992-1993. Pilot Erosion Rate Data Study -Phase IV: Global Positioning System Survey. Principal Investigator. Argonne National Laboratory and Gas Research Institute, 1992-1993. Coastal Land Loss Classification, Mapping, and SpatialAnalyais. Co-Principal InveatigatorwNh S. Penland. U.S. Geological Survey, Naflonal Coastal Geology Program, 1992-1993. Geological Processes Affecting Coastal Erosion in Western Louisiana: 1991-1996. Co•Prtndpal Investigator. State of Loulslana, Louisiana Education Quality Support Fund Enhancement Program, May- December, 1992. Flat-Bed Scannerand Geographic Information System Equipment for Accurate Computer Mapping of Land Loas in the Coastal Zone. Principal Investigator. 11/77Y2008 Mark R. Byrnes 1Bot 19 ? _ APPLIED COASTAL 756 Falmouth Roatl, Sulte MS, Meshpea, MA 02849 Mark R. Byrnes, Ph.D. Phone: 50&53&3737 Fax: 50&539-3739 Emall: mbyrnes0appiletlcoastal.com Web: www.applletlcoaslal.com ~~pf SOUTyo ELIZABETH A. NEVILLE ,~O l~ Town Hall, 53095 Main Road TOWN CLERK .If. # P.O. Box 1179 REGISTRAR OF VITAL STA'fIS'fICS H ~ Southold, New York 11971 MARRIAGE OFFICER ~ ~ ~ Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER o i Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ~y~DUNT'1,~~ 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 Corcoran. 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 Town Of Southold P.O Box 1179 Southold, N1Y 11971 ***RECEIPT*** Date: 02/02/07 Transaction(s): Reference Subtotal 1 1 Application For Appeal 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 SOU1'HOLD ' APPLI ATION FOR APPEAL TO THE COASTAL EROSION HAZA_R~ DOARD OF RCVIEW DATB Fee: $250.00 NAMB OF APPLICANT: Robert c. Barbara ADDRESS: 98-16 163r8 Ave. , Howard Beach nrr i 1414 AGENT: Thomas'C. Wolpert, P.E./Young & Y DATE OF'DECISION APPEALED PROM nec~si~n received Y ng office on Jan. ~ 7 SPECIFIC CHAFTER/SECTION RJVOLVED Chapter 111; 111-6; 111-12 THB ALLEGED ERRORS IN THE DSTBRMINATION ARE: Development not pcoh~hited in area oconosad ' INTEItPRIiTATION THAT IS. CLAIMED TO DE CORRECT: Heath defined Section ' 111-6 of Town•Code• La_~7yarv7 1im~r + inn £eet landward frgn the place where .there is a marked chance in material or Physioaraohic form Landward limit.aa depicted qn Young 6 Young•'nlan RELIEF SOUGHT: issuance of permit as proposed or ae modifie8 with alternate. plan:.. No eroeion•as evidenced by aerial photography. ' *COPY OE?TH.L~ ENTIRE BOARD.OF TRUSTEE PILE INCLUDING, ANX •R$L6VANT MAPS MUST $E ATTACFIED TO THIS APPEAL (As per agreement at 'PcueCEOe' heating racord,of~filea of other landowners issued permits.) - - SIGNATUR$,OPAPPLICANT . RoBaRm C- BOMHARA • ~ RECEIVED F E B 6 2007 Soothald Town tlerM RECEIVED TOWN OF SOUTHOLD FEB 2 2007 APPLICATION FOR APPBAL TO Souihofd iown Clerb 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 Youn & Y ng office on Jan. 2007 .SPECIFIC CHAPTER/SECTION INVOLVED Chapter 111; 111-6; 111-12 THE ALLEGED ERRORS IN 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 is ]nn feet landward from the place where there is a marked change in material or Physiographic form. Landward limit as depicted on Young & Young 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 1NCLUDINC. ANY RELEVANT MAPS MU5T BE ATTACHED TO THIS APPEAL (As per agreement at Trustees' hearing.- record of files of other landowners issued permits.) ~i.~n~o C Gye~~ SIGNATURE OF APPLICAN'P s AGENT - THONAS C. woiPERT LAW OFFICES PETER DANOWSKI, RJR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 JOHN P. TAGGART, ESO. RECEIVED February 7, 2007 F r 9 2007 Town Board & Town Clerk Town of Southold Suu"'~~o°a'. Town Clerll 53095 Route 25, Box 1179 Southold, New York 1 1 971-0959 Re: Robert G. Bombara -Coastal Erosion Hazard Areas Deaz 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 heazing. I enclose with this transmittal letter a copy of the application documents and relevant documents relating to other properties as previously obtained from the Trustees' office. ` Very~tjru~ly yours, C.~x(-e, L''~ PETER S. DANOWSKI, JR. PSD:gsg Encls. Cc: Robert G. Bombara Young & Young -Attn: Tom Wolpert Southold Town Trustees' Office -Attn: Lauren r 1'' i '7 _ _ - caa'sfal eraslarl f~c~d t`f i-is-7 James F. King, President ~ao~'~Ur~•~ Town Hall Jill M. Doherty, Vice-President lp 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson ~ ~ Southold, New York 11971-0959 Dave Bergen G • ~O Telephone (631) 765-1892 Bob Ghosio, Jr. O~~COU~ Fax (631) 765-6641 , BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 13, 2006 Mr. Thomas C. Wolpert, P.E. Young and Yourig 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, o - 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 asingle-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, 'James F. King President, Board of Trustees JFK: hkc/Ims YOUNG & YOUNG ~ Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverheac~NewYork 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, ProfessianalEngineer 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) 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 Sure in °y 8 Architecture Page 2 October 26, 2006 Thank you for your assistance in this matter. If you have any questions, please contact us. Very truly yours, Thomas C. Wolpert TCW/mal Encl. cc: Mr. Robert G. Bombara + Encl. + 1 Print Mr. Anthony Gugliotta + Encl. + 1 Print . L 4 J / U Bombara - Job #06-0320 500.00 10/26/06 24570 Town of Southold $500.00 YOUNG 8 YOUNG TH@ SUFFOLK COUNTYNATIONAL BANK 2 4 5 7 0 400ASTRANDERAVENUE RNERNEAD,NY 11907 RIVERHEAD, NY 17901 50-598214 DATE AMOUNT ~ Oct 26, 2006 ******$500.00 pAY Five Hundred and 00'/100 Dollars f ~TME Town of Southold oAOE19 Board of Town Trustees of 53095 Main Road, P.O. Box 1179 Southold, NY 11971 ~ ~ ~ ' Memo : ~ Qi~,~.l~ kUTHORI2EDSIONAiURE ~ ~ ii•02457011' 9:02L405464~: ii 000374 6n' 02/09/2007 14:49 7656641 BOARD OF TRUSTEES PAGE 01 f J Albert J, Krupslci, Prer.+ident ~~OF ~DUryO Town Hall James King, Vice-President ,`O 53096 Rnute 26 Artie Foster ~ ~ P.O. I3ox 1179 8ottthold New Xork 11971-09°~9 Ken Poliwoda , Peggy A. Dickerson .~r~ ~ O ~ Telephone (631) 765-1892 OI~C~U~ Fax (637,)'765-GG41 BOARD OF TOWAT TRUSTEES TOWN OF SOUTfiOLD Offcc Use Only Coastal Erosion Permit Application Wetland Pernvt Application Admioisnative Permit _Amcndmcn tllY an s fer/Extens io n ~eceived Application: o l O db l~ Received Fee:$ ~ CiJ.]-o_ ~c+mpleted Applica ton Ip t _incomplete _SEQRA Classification: O,';? ~ ; ~i'd: Type ITypc II_Unlisted~ Coordination:(dale scat) iLWRP Consistency Assessgient Form 10 db LCAC Refctrel $ent:J~ ~S~ _DateefInspection: I 1 f /O)O(r Receipt of CAC Report; Lead Agency Determination: Tedv»cal Review: ~''ublic Hearing Hold: l d 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 i~as Property Location: North Sea Drive, approx. 1,675' east of xenney's Road (adjacent to LIL Pole #14) (provide LILCO Pole distance to cross streets, and location) AGENT: Young & Young Attn: Tttottas C. Wolpert, P.E. (If applicable) ~-p-~'N Addtess: 400 Ostrandec Avenue, Riverhead, New York 11901 ' o\~ Phone: 631-727-2303 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 pemut/approval ever been revoked or suspended by a governrnental 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. "rr........,+...a COASTAL EROSION APPLICATION DATA Purposesofproposed 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. WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area of wetlands on lot: 0 square feet Percent coverage of lot: 13.0 ± Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between n+azest proposed structure and upland edge of wetlands: 103 - feet Does the project invo]ve excavation or filling? No x Yes If yes, how much material will be excavated? 600 ± cubic yazds How much material will be filled? 600 - cubic yazds Depth of which material will be removed or deposited: 6 t feet Proposed slope throughout the azea of operations: 28 Manner in which material will be removed or deposited: oeA backh?xi~h 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. 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 GNEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Boazd 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 Boazd 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 MAILINGADDRESS: - venue 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 SEAR APPENDIX C 5T,4TE ENVIRONMENTAL QUALM r REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Robert G. Bombara Robert G. Bombara 3.PROJECT LOCATION: Southold, T/O Southold Suffolk Municipality County 4. PRECISE LOCATION: Stree[ Adtless and Roatl Intersections. Prominent landmarks etc -or provide moo Refer to Building Permit Survey 5. IS PROPOSED ACTION : ®New ? Expansion ? Motli6catlon I alteration 6. DESCRIBE PROJECT BRIEFLY: Construct one (1) single family residence, garage, and pool. 7. AMOUNT OF LAND AFFECTED: Initially D.ti acres Ultimately ~ ~•6 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ?X Yes ? No It no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECTS (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 Yes ?No If yes, Ilst 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 Ii yes, list agency name and permit /approval; 1~I2--.--~~A"~S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I_,.Ires ®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 ~yv,,, Date: Signature ~ i ~ ~ /~/(u (i : [/V If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment and of Trustees Appl_icati County of State of New York Robert G. IBanbara 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/I-IER 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, THE]R 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_ ~7jf DAY OF L~~'T4~ ,Zp~ Notary Public J f13flAAUA1iR®~/A~~' ~BR541 Qualified in Qace~u County ConuNasion fixpires August 31, 20 uu mecca MYYll(:dLlOII.._ AUTFIORIZATION (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 Younq & Young (Agent) ATPN: Thomas C. Wolpert, P.E. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. l~~r'~~L/~G~ (Owner's signature) 8 APPLICANT/AGENT/REPRESEN'TATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers a_ d t Th r this forth is to provide information which can alert the [own of possible conflicts of utterest a_nd allow it to take whatever action is necessary to avoid same. YOURNAME: Robert G. 13ombara (Last name, first name,.gtiddle 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 J NAME OF APPLICATTON: (Check all that apply.) Tax grievance Building Variance Trustee Change ofZone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf"Other', name the activity.) Do you personally (or through your tympany, spouse, sibling, parent, or child) have a mlationship.with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business ihterest. "Business interosf' means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or ~employmen[ by) a corporation in which the town officer or employee owns more than 5%of the shams. 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 applirant/agenUrepresentative) 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 ffie corporete stock of the applicant (when the applicant is a corporefion); _B) the legal or beneficial owner oCeny interest in anon-corporate entity (when the applicant is not a corporetionp - an officer, director, partner, or employee of fhe applicant; or _D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted (hjs;_ _day of Zpp Signature ~t(~iy~ (~-',A ~ Print Name Robert G. Bomliara Form TS 1 ' sown or aoatno~a L . ~tP CONSISTENCY ASSESSMENT , JRM A. INSTRUCTIONS 1. All applicants for pernuts* 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. 2. Before answering the questions in Section C, the prepazer 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 nronosed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Townl 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be extrlained in detail listine both sunuortine and non suapor4ine 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 Boazd of Tnrstees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 54 _ 4 - 19 PROJECT NAME Robert G. Barbara -Proposed Construction of Single Family Dwelling, Pool & Garage The Application has been submitted to (check appropriate response): Town Board ? planning $oard ? Building Dept. ? -Board of Trustees l d i 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ? construction, planning activity, agency regulation, land transaction) ? (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: LJ Construct one (1) single family residence, detaohed garages pool and associated water supply and sewage disposal facilities. Location ofaction: Norte Sea~~Drive, approx. 1,675' east ^F Kenney's Road (adjacent to Site acreage: 24,879 sg. ft. or X0.6 acres LIL Pole #14) Present land use: vacant Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Robert G. Bombara (b) Mailing address: 98-16 163rd Avenue Howard Beach, New York 11414 (c) Telephone number: Area Code ( ) 718-845-4283 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No ? If yes, which state or federal agency? 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 minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Q Yes ~ No ~ Not Applicable All proposed construction is situatx more an 40. landward of the landward limit of beach. The proposed first floor of the dwelling is 13. 0, in conformance with FEMA requirements. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria Yes ~ No ? Not Applicable e er o o icy response Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria X 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 O Yes ? No ? Not Applicable Refer to Policy 1 response; proposed meth o water supp y is via connec ion 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 LWItP Section III -Policies; Pages 22 through 32 for evaluation criteria. 0 ? ? Yes No Not Applicable Refer to Pol`~ 1 eanonae 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 x? 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 LW1iP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ? Ye~ No ~ Not Applicable - _ Attach additional sheets if necessary w()1tK1NG COAST POLICIES Policy 10. Protect Southold's ater-dependent uses and promote siting 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. Proroote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ~ Not Applicable PREPARED BY Thomas C. Wolpert, P.E. TITLE Agent for A licant ~ DATE Oct. 26, 2006 PHOTO NO. 1 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A.M. PHOTO N0. 2 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:28 A:M. w. ~ ix , PHOTO NO. 3 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:27 A.M. ~f~ ~ vwx`?j 4 S r ~ 1"~ y .y PHOTO NO. 4 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. r ~ ~ a - i ~ , ~,~,.C c~.h - 3 r i~ 'r„~ rt ~ PHOTO NO.5 ROBERT G.BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. _45'i y,.r ita Y' S.,'s' ,g. t .r.;~ " rt! PHOTO NO. 6 ROBERT G.BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. . wa-f laNds' ~ecid Yr 7 /S-'7 James F. King, President ~~OF SOUTyo Town Hall Jill M. Doherty, Vice-President l~ 53095 Route 25 y P.O. Box 1179 Peggy A. Dickerson T Southold, New York 11971-0959 Dave Bergen G ~ Bob Ghosio, Jr. ~ ~ ~Q Telephone (631) 765-1892 Ol''~,~U~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES December 13, 2006 TOWN OP 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: dirt , 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 1, 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 z 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 asingle-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, ,u~ James F. Kin President, Board of Trustees JFK: hkc (^J e f- ~1N c/S YOUNG & YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 adminC~youngengineering.com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, ProfersionalEngineer ROBERT C TAST, Architect RONALD & 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 Arcbitectvre Albert J. Krupski, President a~F S~Vr James King, Vice-President yt7 Town Hall ~ l0 53095 Route 25 Artie Foster P.0. Box 1179 Ken Poliwoda T ~ Southold, New York 11971-0959 Peggy A. Dickerson GO ~ '0 Y Telephone (631)765-1892 l'Y~'DU~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Otfice Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit _AmendmenUTrans fer/Extension Received Application: _Received Fee:$ 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 Deterrrunation: 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 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: `100 Ostrander Avenue, Riverhead, New York 11901 Phone: 631-727-2303 noara o= Trustees Application 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 permiUapproval ever been revoked or suspended by a governmental agency? % 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 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. (iJse attachments if necessazy) The proposed operations will not have an effect on the tidal waters of the Town. .~uo~voc e~ppilcacion WETLAND/TRUSTEE T.ANDS APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area ofwetlands on lot: 0 square feet Percent coverage of lot: 13.0 ± Closest distance between nearest existing structure and upland edge ofwetlands: N.A. feet Closest distance between +arest proposed structure and upland edge ofwetlands: 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 fidal 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. Barbara SCTM# 1000-54-4-19 YOU ARE HEREBY GNEN NOTICE: 1. That it is the intention of the undersigned to request a Pennit from the Boazd of Trustees to: Construct one (1) single family residence, garage, and pool. 2. That the properly 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. Barbara MAILING ADDRESS: - r venue Howard Beach, New York 11414 PHONE (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER 61720 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 • PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR Z PROJECT NAME Robert G. Bombara Robert G. Botnbara 3.PROJECT LOCATION: Municipality Southold, T/0 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 I 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? QX Yes ~ No If no, descdhe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ~ Intlustrial ~ Commercial ?Agriculture ~ Park I Forest /Open Space ~ Other (descdbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) NYSDEC -Tidal Wetlands Yes ~No if yes, list agency name and permit /approval; SCDHS -water Supply & Sewage Disposal 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ®No If yes, list agency name and permit /approval: 1II2~~. ll,A,""S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? IJres ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name Thomas C. Wolpert, P.E., Agent for Applicant may,.-,,, ~ /s/ Date: Signature ~ Z/iA0 (/V ~O ~ / If the action is a Costal Area, and you are a state agency, t0 complete the Coastal Assessment Form before proceeding with this assessment and of Trustees Applicati County of'Str~ State of New York Robert G. Botnbara 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/I~R 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 CONJiJNCTION WITH REVIEW OF THIS APPLICATION. ~ t Signature SWORN TO BEFORE ME THIS~DAY OF ~l ,Zpgp Notary Public ~NBR541 X@ti~c Qualified in Queetrc County Commission Expires August 31, 20 tsoara or Trustees Application 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. iz~~~c-~Gn (Owner's signature) 8 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and employees. The purpose of rhi 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, firs[ 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 ofTicer 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 [he relationship behveen yourself (the applicanUagenUreprrsentative) 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 (wben the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate 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 day of200_ Signature a (j rr~.. Print Name Robert G. Botnbara Form TS 1 PHOTO NO. 1 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:26 A.M. PHOTO NO. 2 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2008 8:28 A.M. ~ ~ PHOTO N0. 3 ROBERT G. BOMBARA AT SOUTHOLD, T/0 SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. . " i Lis: PHOTO N0.4 ROBERT G. BOMBARA AT SOUTHOID, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. t t ~r R~ 3 r~ aA'~'~ > - of ' ~ ~ , PHOTO NO.S ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. S'~A.4 5 PHOTO NO. 6 ROBERT G. BOMBARA AT SOUTHOLD, T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. NOTES Young & Young IV 400 Ostrander Avenue, Riverhead, New York 11901 ~ AREA = 24,8"7° SO. FT. 631-727-2303 Howard F. Young, Land Surveyor g 4 /~~4 • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) Thomas C. Wolpert, Profesaiana.l Engineer v` a ~ SEE FLOOC INSURANCE RATE PANEL NUMBER Robert C. Tast, Architect s~~`~ 3610360154 G LAST DATED MAY 4, 1998 Ronald E. Pfuhl, Landscape Architect ~ W E f Douglas E. Adams, ProfesaionaL Engineer ~/O / F~ ~~Qr / ° / / '~4 / s / / ~ HEALTH DEPARTMENT USE `7" ory~ ry~ r i / ~ • 692 9 R~ ~i~' 360 / 656 / ~ ~ d„ °sl / ~ Y~ m o"l / ~ .9.-11 YiO ~ / Ri~Y 8 v i / ~r / / / 66T ~ ~ 4 r lo. / ~ I O / ~ gyp./ / ~vq+ 4A~ / v~.~~~ b eo \,~dc ' lJ e 9.9-1 ~ n~ ~~Cp ~OT?je~ .6.96 ~~~R ~P(r / v~.l' .CIO ~ 1069 •"'J~ p~ / _ ,{J R . ~yt"~a~ ~ o / p~p ~ {{~bgy 'Y ~~`aY',~ 4.02/±, J16d / / 9. ~\9 ? ~ ~ ~ • ~ / / 1 ~~Fi G G~ \9 eso ~ e @.T IQE€ ~ ~~1~' / / .T2 / / •9.62 ~ ~ / 0 Pg~ / / < e.,2•~~ ~ryry`~ ~ / 6.3'/ / SURVEYORS GERTIPIGATION ~ ,~9 n ~ 6.39• ~~1 6ry. %AO',`,~~/ ~ ,R.°° ~ '2XR 6.34' / .6.45 ~ wry ~.os / 6 ,`~~Q~''j/ s/ ~ fig, / ~/c`2 b~~ / tt~l ,W(~~ EN. 1'(~ / / 'e.4s`.` @r~~~/S$ ~ Q +r,~ 6b¢ "!sl/ Gl ~ y,,T' •s- `Y'~1~ R / \b. s9 /yy~~~ \G ~ .'A bb / / r U i n 3tt E 6.41 \5T `n .932 ~ / 'Y ~ , ~E~. Q- ~ Z~p b. 6.21 ii 9 O Y ~ \ ° 57 ~,~~T \ ~ / HOWARD W. YOUN6, N.Y.S. L.S. NO. 45893 ~ ~ 3 ~ ~ "25.3 vj air ,l S' / ~ ems 4 8S ~ ~~~r 8 Ly ho~V J •69, ~ 6.a-1 / / ~D LAI'105 p~p e TEST HOLE d" o/, • 6~0 bA01 a ` ° ~ 4 A~~ 8 eY r-,cDONALD s~o3cle+cE G-ys ~o.. r~ ° ~ ~ SURVEY POR ° DATE. OS/II/Ob S ~ 4~ / e EL•6.45' OA' O eh B// 6.9 6. W cn~eb \2 6~4 RO~~RT G. ~ONI~~R~ ~g~ PALE~Ow~ S ~ ~ ~ At Southold, Town of Southold rF.lo~AaTSE° s3 SAND ~ ~9 / ~ 6'i4 Suffolk County, New York bW.165~ asp rg' .Vj 6 ~ "•66~d3'• 6~ ~ \ \ County Tax Map ol.cnoc 1000 s.otl«: 54 elook 04 Lot 19 €Eye~~ P, E"t4~eleol"IV, / y89 ~ 13UILDIN6 PERMIT SURVEY FIIC TO ~ ~ ~o COARSE ~j 6~ / L4 O sv~ ~W esl PHOTO NUMBER E VIEW DIRECTION OCT. 13, 2006 _ 6~6 JULY 91, 2006 6~;b3 MAY 31, 2006 m nd / MAP PREPARED MAY 9,2006 q~ s p. amex~err ser ~ . notue9+r rouro sru~ ser sr.~ce rcx/o SCALE: I"=40' ~R `k e . u«'+gv na • hear wee s . sroar ce . ce.~~n ar,Rwce o-- • rHOro rusae ~ vlev rn.arlaH DW6 2006_01821 ~ I 3~ LAW OFFICES PETER DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NV 11901 (631) 727-4900 FAX (631)727-7451 JOHN P. TAGGART, ESO. February 7, 2007 Towr, Board & Tow71 Clerk rL ~ Town of Southold 53095 Route 25, Box 1179 Southold, New York 11971-0959 Re: Robert G. Bombara -Coastal Erosion Hazard Areas Deaz 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 relevant documents relating to other properties as previously obtained from the Trustees' office. Very t~/r}ul~y yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. Cc: Robert G. Bombaza Young & Young -Attn: Tom Wolpert Southold Town Trustees' Office -Attn: Lauren °1i