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Home My WebLink AboutBombara, Robert G (2) IV AREA -NOTE5 FT. Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 a // / • VERTICAL DATUM = N.G.V. DATUM (M.S.L. Ig2q) 631-727-2303 / T/° • SEE FLOOD INSURANCE RATE PANEL NUMBER Howard W. Young, Land Surveyor 56I0500I54 G LAST DATED MAY 4, Igge, Thomas C. Mol ert, Professional Engineer Robert C. Tast, Architect j • AMOUNT OF FILL REQUIRED = 200 G.Y. t Douglas E. Adams, Profesewnal Engineerwill 6 W E r? VJ.�/ /l e 4j/ d� � fi• ,. dt• FILL TO BE GLEAN BANK-RUN SAND AND GRAVEL o 40r�y,`�' ��% /u FROM AN APPROVED UPLAND SITE. �\/ HEALTH / ► ((� 3.97 't • BUILDING FOOTPRINT AREA = Ibgb SQ. FT. �� N S / i cm t�� /:/ • ZONING USE DISTRICT = 'R-40' sF i / •8.57 € /y 6.5 / p(•f - �Jn1 �01�5 • ' b a�i �i� / // // k�// / , e / iey-4 � pY /„ �p g SEP - 3 20i0 6$R \� 6.85 / / / 'Y / �� E�!•�Th(� ,y�,,�'t!y,�psp �;.11 B . 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NO. 45eg3 43at,�`3rrqq �� EL•6.45' // / lil 21 J" a` PALE BROYN / \ <1' I 6�- / ITN. .t_, / ,/ ' �.• z e:zs LAND a e FINE TO 1-`M J / • G SAM .8.20 .\Y a.7 o1\ ' , /V at" SURVEY FOR 0 6W.Ib5' .s' Axv ,. ` -''' / ROBMT 6 BOMBARAr K4TER IN d�,� \ *�, �6 .B 2'' o' fit 5outhold, Town of 5outhold PALE BRO 151 YN 2 T �n \ .02\) � /-' / / <ea FINE TO ssa �e J �0 Ste. • / `r/ Suffolk County, New York WARBE SAND C/ �/ \, \ , (/� /^�/ .53 rsru dt 4 b y^ /\ ` / .aa ^ Count Tax Ma olso-c=c 1000 section 54 black 04 Lot 19 et � `�.aa des\es �� ;., \ J/e:sr y K7 IID1 �pw ,� 8:6/S BUILDING PERMIT SURVEY 8.3 iv < oh O 8.22 // l tl SGDHS AMENDMENTS NOV. 25, 200q o l J/6 si AMENDED BUILDING PERMIT DATA NOV. 24, 200q 9§ E.26 AMENDED BUILDING PERMIT DATA OCT. 50, 200cl eb AMENDED BUILDING PERMIT DATA SEPT. 14, 2009 Jill - /�• MAP PREPARED AUG. n, 200cl 'I p.r+owrne+r ser .raow►srr rowo Q•sn.a�sEr �.srer.E Fouro SCALE: I 200 JOB NO. BggAl`l c.uww�v Ro.RaoF ovee s.sroov ce.cairn e+rt:'+1ce (D — .rnoro wr• n vi®v rnrtecnoN 6 162-b I OF 2 3 DWG. 2ppb_082�7p_r"i �� ©c RESOLUTION 2011-68 ADOPTED DOC ID: 6510 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 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 a single-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 Findinas 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 determined that, with conditions, this action is consistent with the LWRP; and be it further RESOLVED that this Determination 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. 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 Board 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 Board 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 the propertv: The property that is the subject of this application is located on the seaward (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 area which are 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 Department of Environmental Conservation. -1- i The applicant who purchased the property in 2006 is proposing to construct a single-family residence on this lot with associated garage,pool,water supply and sewage disposal system on this property. i B.Trustees Procedural History: I. Applications The applicant first appeared before the Trustees with an application filed in October 2006 which requested a CEHA permit allowing the construction 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. In its determination dated December 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) area; 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: 1. Alternate 1: 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. 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 are 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 regardless of variation in shoreline movement during this 52-year period,net shoreline location is generally unchanged. The Bombara property is outside the 50-year 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 features 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 landward 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 I LWRP standard and that the proposals did not comply with Town Code Chapter 175, Wetlands, and Chapter 111. i III Public Hearing: The Trustees held a public hearing on this application on August 22, 2007 and on October 15,2008 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 application,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 Sonnenbom; 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 inconsistent 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. 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 Erosion 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 area 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 Hazard 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 111,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 area 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 granting a variance will not destabilize the dune system. Members of the community also provided testimony in opposition to proposal including: I 1. Requests that the Town Board 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 area,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 freshwater inter-dunal swale that exists between Goldsmith Inlet and Horton 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 Dru Associates, Inc., Ecological Consultants,which purportedly addressed the public comments. Most notably, Dru Associates March 17,2009 report acknowledged the i 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 April 21, 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("Herrmann")to evaluate potential impacts of construction on erosion trends and on the natural protective features on the property. More specifically,the Town Board 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; 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 Herrmann dated, April 20,2009 was entered into the record which noted a critical deficiency in the record,most notably that the applicant's site plan did not depict the most landward natural protective feature 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 Herrmann 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 natural protective feature. Based upon the agreement between the applicant's consultant and Herrmann of the location of the landward toe of the natural protective feature, the applicant made significant revisions to its plans 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 occurring over the landward toe of the natural protective feature indicated on the plan. The revised plan was forwarded to Herrmann 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 I 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 disturbance to the gcomotphic 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 measures to avoid degradation of the primary dune and therefore the proposal failed to meet the standards for a variance set forth in §111-20. 3. Impacts to natural resources 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 permanently maintained as a nondisturbance buffer;requiring that all cleared 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 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 Department 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 arguments that were made at the prior hearings. The Town Board closed the hearing subject to comment by the applicant on Mr.Herrmann 7a 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 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 for a 3 bedroom house. 8- 2. The applicant offered to plant supplemental native vegetation to further protect the beach area. The applicant also agreed to erect and maintain a silt fence/hay bale construction barrier to protect the area seaward of the piling foundation. The applicant would also consent to a condition that no mechanical equipment would be allowed seaward 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 seaward 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 agreed 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 Herrmann report. On October 4,2010, the Board received a letter from Hermann 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 grading 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. Herrmann 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 Board 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 Board,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 by the Applicant. j On December 7, 2016,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 minimum setback between eight(8') and ten(10') feet from the landward toe of the dune, despite the proposed construction sequence in the November 8,2010 letter from Elderco, Inc. The Town Engineer also suggested that the setback include the proposed pool and patio areas and/or any other site improvement that will be constructed with and/or 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 jKenney'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 hazard 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 permits if such activities are conducted within the CEHA. Regulated activities are defined in §111-6 as: The construction, modification, restoration orplacement 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 ofsoil. -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 argument 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 Hazard 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 area.3 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 11 I-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. 3 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,that 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(Q. -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 writing 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 will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. 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 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 for a 432 s.f addition to an existins single family residence, an addition 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 conditions. -12- 5. Paskoff was granted a CEM permit to replace a burned out exisfin 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 111 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 argue 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 Hazard 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 Board 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 I I I pursuant to §111-20. In permitting the Board 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 Board 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 difficulty 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 activities 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 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 toe of the dune identified on the property, as set forth in the definition of a"primary dune"in §111- 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: 1. 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 Herrmann report, should the Town permit the site to be developed the reasonable and prudent location for the proposed structures would be entirely landward 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 "landward 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/primary 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 landward 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 argues 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 Herrmann report,placing the house on pilings is a requirement of FEMA,the federal regulatory program 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 area 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 construction(Herrmann report p. 3). While the applicant agreed 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 are 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(Herrmann -15- report page 4). This would ultimately breach the proposed clearing limitation line and would disturb the primary dune. Additionally,after construction there may be loss of vegetation that could result from direct shading by the cantilevered deck that would 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 damaging the dune and stating 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 area 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&arcing. 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 particular site. As such,the Board agrees with both Herrmann and the Town Engineer that the shading of the dune area will negatively affect the health of the dune system and that the construction process will ultimately reach out and negatively affect the dune area. The Herrmann report also identifies potential impacts on natural resources that include,but are not 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. To deal with these potential impacts the Town will require, and the applicant has agreed to take the following measures: i. Erect a project-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 cleared areas that are not built upon must be restored with native, nonfertilizer-dependent vegetation and maintained as a landscape buffer 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 Herrmann and the Town Engineer. 3. The development will be reasonably safe from flood 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 degradation of the feature and undermines the feature's ability to provide protection for the development and adjacent areas 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 argues 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 hardship. 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 nearly 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 Board believes that the applicant can construct a single-family dwelling and that this is the minimum variance necessary to overcome the practical difficulty or hardship 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- 5. Where public funds are utilized,this criteria does not apply in this instance as there are no public funds being utilized. CONCLUSION Therefore,in the interests of justice and fbr the reasons set forth herein,this Board 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 cleared 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 Board, 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- LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 - (631) 727-4900 FAX(631)727-7451 C i. CJ;i7 E-mail: pdanowski@danowskilaw.com i JOHN P.TAGGART, ESQ. jtaggart@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, PETER S. 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 admin@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 Surveying 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 (D 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 8 5-110 Leaching Pool Requirements 9 5-111 Cover Requirements 10 5-112 Distribution Box and Manhole Requirements 11 5-113 Sewer Line Requirements 12 5-114 Alternative Systems 13 5-115 Other Systems 13 5-116 Separation of Water and Sewer Lines 14 5-117 Final Grading and Backfilling 15 5-118 Sewage Ejector Systems 15 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 17 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 18 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 Alternative 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 of Health 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 a single-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, refer to"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 of Health 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 discharged 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 may be 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 are capable of resulting in a discharge of sewage. This includes,but is not limited to,building sewers,septic tanks,leaching pools, sumps,tile 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 of removing 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 REOUIRED 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-04 I(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. PERMITSREQUIRED FOR ALL NEWSEWAGEDISPOSALSYSTEMS. 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. PERMITSFROMOTHER AGENCIES. Permits from other agencies,where such permits may affect placement of the 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 are required to obtain Department certification of conformance to these Standards. 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"PLANS REQUIRED. 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. Insomecases, the Department may also require a separate certification of construction by a licensed design professional. Occupancy of a building or discharge 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 area 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: I. 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. RESPONSIBILITY OF DESIGN PROFESSIONALS. 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 are 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. GRADING PLANREQUIREDIFLESSTHANSEVENFEETTO GROUND WATER. 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 of unacceptable 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. DESIGNDRA WINGS. Drawings of products 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 of the 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 are shown in Figures 1,2, & 3. Alternate tank configurations may be accepted if designed in accordance with IONYCRR, Appendix 75-A. 2. INVERTSEPARATIONAND LIQUID 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 1 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. 10. 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 TANKLEVEL. 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 alternative design is approved by the Department. One acceptable alternative design is shown in Figure 9. 6. MAXIMUM DIRECT 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 beat least three feet above the highest recorded groundwater level at the proposed system's location and at least two feet for shallow alternative systems approved by the Department. 3. ABSORPTION RATES. 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 5. FIVE OR SLVBEDROOMS 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 UNIFORMSIZE 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 of twenty(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. SAND AND 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 Department. 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 father 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 a twenty-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 standards 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 a clean-out or manhole every fifty(50) feet. Refer to Figure 6. 6. The sewer line from the septic tank to the leaching pool(s)shall have a minimum pitch of one- eighth inch per foot. 7. Sewer line trench(es) shall be firmly tamped. All backfill shall be firmly tamped by hand about the pipe. The pipe(s)shall be securely cemented at the point of entry 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 of cast-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 distribution box to the pools shall be set 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 may be 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 Standards is to assure proper treatment of sewage rather than to restrict use of land. In cases where conventional systems are not suitable,alternative designs of sewage disposal systems may be 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 surrounding 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 a five-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: 1. 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 of ten feet, a water line may be 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 of materials 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 of the water line and the top of the 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 of materials and joints that are 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 granular 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 property 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,may be 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 Department 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 Sewage Disposal Systems for Single-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 Wells(1) From the Cellar Slab Prop.Lines Water Leach Storm Public Private Surface Swim Pool Nearest Part of Lines 3 Pools Drains Waters 2 Septic Tanks 10 5 5 10 8 20 175 75 75 20 Leaching Pools 10 10 5 10 8 20 200 1001150 100 20 Leaching Pool 10 10 5 10 8 20 200 No closer than existing 20 Addition NOTES: of or 100 1. Distances between leaching pools and wells are based upon the depth of the well(s)involved or realty subdivision requirements. Refer to"Standards and Procedures for Private Water Systems". 2. Distances between leaching pools and wetlands are subject to approval by the New York State Department of Environmental Conservation prior to issuance of Suffolk County approval. 3. If proven to be absolutely necessary,water lines may be 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 larger diameter line for protection). 4. Increased distance may be required,based upon site conditions. TABLE 2-MINIMUM SEPTIC TANK CAPACITIES Number of Bedrooms Minimum Tank Capacity Minimum Liquid 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 square feet of surface area for each additional bedroom. A garbage 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 Depth to Groundwater Minimum Leaching System 300 if sidewall area Over 17 feet 1pool; 12'deep, 8'dia.ors stems below 11 to 17 feet 2pools;6'deep,8'dia.ors stem below 9 to 11 feet 3pools; 4'deep,8'dia. less than 9 feet Design Alternative System NOTES: A distribution box is required for all multiple pool systems unless an alternative design is approved by the Department. For other designs involving larger diameter pools or 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 RESIDENCE Depth to Groundwater Minimum Leaching System 400 sidewall area Over 21 feet 1pool; 16'dee , 8'dia. ors stems below 13 to 21 feet 2pools; 8'deep, 8'dia. ors stems below 11 to 13 feet 3pools;6' deep, 8'dia.ors stem below less than 11 feet Design Alternative System 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—r-------—-----------7 I I w i rrt I I I I , ---��---------------------J :=::::T L = 2W to4W FINISHED GRADE LOCKING CASING TO GRADE IF DROP. ISLE USED ON INLET. 1' MIN - 2' MAX 4' 14AX HIHNEY LOCATE DROP 'r TOP •;•"A 20' MIN 20' MIN ;••• UNDER ACCESS OPENING FOR INLET --� L -T- • MAINTENANCE. t .• MIN. 4' CIA. APPROVED 6' 12' 10' PIPE PITCHED 1/4-PEN FT. aJfLE7 PIPE PITCHED/Bp PER FT. 16' MIN. 18' BAFFLE L -� ' See Section 5-109 for Actual Design Details FIGURE 2 TYPICAL CYLINDRICAL 12,0 GALLON SEPTIC TANK WITH SLAB FINISHED GRADE OCKING CASTING TO GRADE IF ER TCOrGISDE USED ON INLET. I' MIN - 2' MAX 4' MAX HIMNEY LOCATE DROP 'T' UNDER TOP , 20' MIN 20' MIN ��' 6' MIN OPENING ACCESS •••S MAINTENANCE. 1 T . INLET-y �,T MIN. 4' DIA. 6' 10' CLASS 2400 OURET PIPE OR 77 MIN. 4' DIA. EQUIVALENT 'C t• CLASS 2400 16'MIN PITCHED MIN. 1/4./1. FLOW 16' EQUIVALENT BAFFLE ti1C I PITCHED MIN. 4'-6' S 4' 4' .1. . •.t; �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 LOCKING CASTING TO GRADE IV v 1' MIN., 2' MAX. 20' MIN, MAKE DROP 'T' ACCESSIBLE MIN. 4' DIA. INLET ' FOR MAINTENANCE. APPROVED u PIPE - 6' OOILET MIN. 4' DIA.-� PITCHED APPROVED 1/4"/1' _ '{ !• PIPE - FLOW 16MIN. PITCHED I- BAFFLE 1i, 5'L4 �• . .�. ..A 4,..t, 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. TYPICAL LEACHING POOL FIGURE 4 FINISHED V ly IV -y GRADE 1' MIN., 2' MAX. CONCRETE COVER 4' MAX. CONCRETE CHIMNEY f-2o•—{ INLET -► MIN. 4' DIA. APPROVED PIPE - PITCHED ❑ ❑ ❑ \\ MAX. 25' y � J o c/') cf) V) 12' D o wrl y I �\ 1 ; 3 MIN.LAR LEACHING SECTIONS 81 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. L1 . L. P. 12' 12'-6' 17' MIN. S.T. 3'MIN. HIGH SEASONAL GROUNDWATER SEPTIC TANK AND ONE POOL PRECAST 8' DIA. Y 6' T T ' 11' MIN. TMIN. HIGH SEASONAL GROUNDWATER SEPTIC TANK & TWO POOLS PRECAST 8' DIA. KEY. S.T. = SEPTIC TANK �e. L.P. = LEACHING POOL D.B. = DISTRIBUTION BOX &;DEEP L.P. T ' TMIN. AX. 4' T MIN. HIGH SEASONAL S.T GROUNDWATER SEPTIC TANK & THREE POOLS STOPPER OR SLATE OR OTHER STOPPER OR END PLUG - SUITABLE COVER END PLUG Si•' Li W H F--1 Q SEWER PIPE Q 45' ELBOWS 30' ELBOW 45' ELBOW ALTERNATE "A" ALTERNATE "B" 60' WYE CLEANOUT DETAIL FOR AREAS NOT SUBJECT TO VEHICULAR TRAFFIC LINALL VIEWS, ALTERNATE "A" IS FOR BENDS, ALTERNATE "B" IS FOR USE WITH BLDG. EXTENSION/CONNECTION FIGURE 6 CLEANOUT DETAIL FIGURE 7 TYPICAL DISTRIBUTI ❑ N BOX LOCKING CASTING TO GRADE MIN, 4' 4' MAXIMUM 2' MIN. ABOVE OUTLET INVERT 1 2' MIN, ENDCAP TYPE LEVELING DEVICES INLET BAFFLE REQUIRED IF INLET PITCH EXCEEDS 1/2, PER FOOT FIGURE 8 ALTERNATE SEWAGE DISP❑SAL SYSTEM FOR HIGH GROUNDWATER C❑NDITI❑NS FOR ONE TO THREE BEDROOM RESIDENCE, LOCKING CAST IRON COVER TO GRADE vi FINISHED GRADE 4 T O O o O 9 DETAILS OF CONSTRUCTION 1, USE ONE (1) 1000 GALLON REINFORCED PRECAST CONCRETE SEPTIC TANK, 2. USE FIVE (5) 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® IE3 ------------- ------I- ° MAX. - 1/2 EFFECTIVE ®®®®® LEACHING DEPTH °11 ® POOL 4" DIAMETER CROSSOVER LEACHING PIPE. POOL AAAr i ADDENDUM, FIGUF,E Ii (ERNATE SEWAGE DISPOSAL SYST_E-M- aR-Wjclp .r�OUNDWATER CONDITIONS FOR FOUR BEDROOM RESIDENCE, LOCKING CAST IRON COVER TO GRADE 2 FINISHED GRADE r r�� ./ ./ 4 �. � o 0 3 0 O r_` o 9 DETAILS OF CONSTRUCTION I. USE ONE (1) 1,200 GALLON REINFORCED PRECAST CONCRETE SEPTIC TANK, R. 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. 5. USE A CROSS-OVER PIPE BETWEEN THE MIDDLE RINGS AND THE FOUR ❑UTSIDE RINGS, 8 INCHES ABOVE THE BOTTOM. BACKFILL MATERIAL SHALL BE COARSE SAND AND GRAVEL. -ABS SHALL BE BETWEEN 10' AND 14' BELOW GRADE. ;OLID CONCRETE COVER SHALL BE BETWEEN 6' AND 12' BELOW GRADE, BOTTOM OF POOL SHALL BE A MINIMUM OF 2 FEET ABOVE HIGH SEASONAL GROUNDWATER, SHOW AREA FOR 50% EXPANSION OF THE LEACHING POOLS WHICH MtXIMIZES SIOEWALL AREA. MAXIMIZE THE DISTANCE BETWEEN THE FOUR (OUTER) SATELLITE POOLS. n7f"J/was 1b:04 b318525755 WASTEWATER MGNT PAGE 01 COUNTY OF SUFFOLK (D STEW LEVY SUFFOI.K COUNTY EXECUTIVE DEPARTMENT OF"ULTN SERVICES NUMAYtIN J. Ct1AiIDNRY,D,O.,M.S Camrrdsebnw FAX algal EaRm TO: �.„ L FROM: DATE: $ SUBJECT: 2 --� E oy"I) Fic. E PAGES: InCludl M this ff this is not In ent1relY, plem call 1I 2. M. o! COMapEytyMt Ry NOTICE TMt hu Vmmk *n it MM*d 0*for the utt of fhe Mfta or ►�, nwe y nonnw w 10 ft "I tr w ft h proWW by Wortwbj*vqtmjIM 11iu�t m. mindse Vft MftM ton h*k*PWftSed. g yyw ,",, "auum aft In hb 1r htion anw, nNNy 1M an iM tordt111t of orfu end amp Ou Odom momkt U byfWM DIVISION OF ENVI 10 OfTioe of We ►gr e" �30 Y ONMENTm QUALITY SuRg2 tphtnk )0524'tiulte 2C,YOPhonk NY 11980 p� (S31)852-b700 Fax(831)562�6765 I , U ioocorjj WAbIEWAIER MGNT PAGE 02 ADDr=NDUhi, r 7�UF - 11 SEWAGE DISPOSAL SYSTEM Fpk HIGH GROUNDWATER C12NDITIONS FpR UP TO A FOUR BEDROOM RESIDENCE LOCKING CAST IRON COVER TO GRADE T J" 3' 1MIN. 4 LOCKING CAST IRON IV COVERS TO GRADE "1 MIN, S OF CONS 1. BOTTOM OF POOL SHALLDBEAgLMIN MUM I T3 ggOVE HIGH SEASON ?. SHOW AREA FOR 50 7 EXPANSION [IF' THE LEACHING POOLS AL GROUNDWATER. �• USE ONE (V 1,000 GALLON REINFORCED PRECAST CONCRETE SEPTIC TANK, USE FIVE(5) 8 FT. DIAMETER, 3 FT, HIGH PRECAST CONCRETE LEACHING RINGS OR FOUR(4) 8 FT, DIAMETER, 3 FT, HIGH PRECAST CONCRETE LEACHING RINGS, SPACED 8 USE 4 INCH DIAMETER, APPROVED SEWER PIPE THROUGHOUT, ' APART THE WASTELINE FROM THE SEPTIC TANK SHOULD ENTER THE DISTRIBUTION POOL AS HIGH AS POSSIBLE. CROSS-OVER DROP PIPES ARE TO BE STRAIGHT 4' 'T'S ANA MUST BE LEVEL, 1 1/2' ABOVE THE BOTTOM OF THE DIAMETER PVC SDR EACH NGT RUNGS, BACKFILL MATERIAL SHALL BE CDARSE SAND AND GRAVEL, SLABS SHALL BE 12' MINIMUM BELOW GRADE, SOLID CONCRETE COVER SHALL BE BE7WEFN 6• Amn ,� .,,.• �• _ _ MARTIN D:FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY O� OF souro� Supervisor martin.finnegan(a)town.southold.ny.us y JENNIFER ANDALORO ~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro(d)town.southold.ny.us elm 2W Southold, New York 11971-0959 LORI M. HULSE �� 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 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 Fax: 631-23- 36 EN-CONSULTANTS, INC. wwwenc nsultantscom ENVIRONMENTAL CONSULTING August 25,2010 Scott Russell, Supervisor AUG 3 0 2010 Town Board,Town of Southold P.O.Box 1179 Southold,NY 11971 Re: "Appeal of the Denial of Coastal Erosion Management Permit of R. G.BombaM 1725 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 parcel,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 regarding whether and to what extent the Bombara site could be developed in a manner consistent with the standards for permit issuance set forth in Section 111-9 and/or Section 111-20 of the Town Code, Le, 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 I I I of the Town Code. Because Chapter I I I 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 area of the coastline that is a "structural hazard area," i.e., shorelands located landward of natural protective features where the shoreline has a long-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 landward 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 definition of a primary dune under Chapter I I I and therefore of a"natural protective feature." I thus met at the site in October 2009 with Aram Terchunian, 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 landward of the landward toe of the beach ridge. Therefore, while the geomorphic toe 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 issuance set forth by §111-9, as was ultimately determined by the Board 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 are 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 1 I 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 landward 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 §111-20 with the assumption that this plan replaces all previously submitted alternatives. Assessment of"Alternate 6"pursuant 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. Terchunian 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)All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. The 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 structures 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 landward toe of the beach ridge, there is no physical barrier such as a project-limiting fence proposed to ensure compliance with this proposed limitation during construction. Even if one were depicted along the toe of the beach ridge, 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 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 structures 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 structures 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 structures 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 structures 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. "Alternate 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 yard 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-yard setback by way of further 4 downsizing and/or reconfiguration of the proposed structures. Specifically, the 1,696 square-foot footprint of the proposed two-story dwelling is nearly twice the 850 square-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 hardship 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 defined primary dune, strict application of the standards for permit issuance set forth by §111-9 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 IV, is warranted. Due to the limited area of the property that is located between the defined 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 the regulatory 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 toe 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 Altematives/Modifications 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 clearing, grading, and ground disturbance on the landward side of the beach ridge and therefore without physically degrading the beach ridge during construction. The cantilevered 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 landward toe 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 area 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 yard 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 similarly 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 "alternative system" designed for a four-bedroom house, which requires more space than does a system designed for a three-bedroom house. Thus, while there is currently room to move even the four-bedroom system marginally closer to the road, there would be additional room available to locate a three-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 a project-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 cc: Martin D. Finnegan,Town Attorney Coastal Management Specialist 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@enconsultants.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 Arts, 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 plans 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 plans; 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 site-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 soils as 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 biodiversity 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 Parks 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 soulo� Supervisor martin.finnegan@town.southold.ny.us y JENNIFER ANDALORO yy~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY '! P.O. Box 1179 jennifer.andaloro(atown.southold.ny.us CP oe Southold, New York 11971-0959 LORI M.HULSE 0� Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY COUM,� Facsimile(631) 765-6639 Lori.hulse(a town.Southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Trustees � .':� SEP — 3 2010 1____ L ` From: Jennifer Andoloro S00hhold Town 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 RIVE NY 11901 l ®� V (631)631)72 727-4900 �`+ f FAX(631)727-7451 E-mail: pdanowski0danowskilaw.ccm 11 JOHN P.TAGGART,ESQ. jtaggart@danowskilaw.com + L SEP 3 2G10 Southhold B Too -- o-�tl Ti w Of ustees � July 15, 2010 Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn• Jennifer Andaloro Dept Town Attorney 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 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. I would expect that the Town would not endorse any plan that would require a variance from the Zoning Board of Appeals. I 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, 9�� PETER S. DANOWSKI, JR. PSD:gsg HAND DELIVERED cc: Robert Bombara Young&Young, Surveyors " Albert J.Krupski,President 1 � of so�T,y James King,Vice-President O Town Hall Artie Foster ��/�/,, l� 53095 Route 25 Ken Poliwoda T P.O.Box 1179 Peggy A. Dickerson CASouthold,New York 11971-0959 Telephone(631) 765-1892 OIfCQUfm Fax(631)765-6641 I � r BOARD`OFo TOWN OUTHOLDTEES � LS-- Office Use Only SEP — 3 J. X Coastal Erosion Permit Application _ Wetland Permit Application _Administrative Permit southhold Tcwn Amendment/Transfer/Bxtension _Board of trustees _Received Application: _Received Fee:$ _Completed Application _Incomplete _SEQRA Classification: Type 1—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. 1,6751 east of Kenny'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 GENERAL DATA Land Area(in square feet): 24,879 eg ft. 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 Date NYS DEC Tidal Wetlands Alternate plan Alternate "6" X No prior permits/approvals fodsite improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description(use attachments if necessary): Construct one single family residence and garages pool and associated water supply and sewage disposal facilities. 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 filling7 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 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. 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 hot have an effect on the tidal waters. Board of Trustees Application 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: 6.8 Closest distance between nearest existing structure and upland edge of wetlands: N•A• feet' Closest distance between nearest proposed structure and upland edge of wetlands: 160 +/— feet Does the project involve excavation or filling? No R Yes If yes, how much material will be excavated? 200+/— cubic yards flow much material will be filled? 200 +/- . cubic yards Depth of which material will be removed or deposited: 6 +/— feet Proposed slope throughout the area of operations: 28 Manner in which material will be removed or deposited: a hankhoe will hp used to excavate for construction of the house, garage 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 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bombara SCTM# 1000-54-4-19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: construct one (1) single family residence, garage, and pool. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or.in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold . and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert G. Bombara and Margaret M. Bombara MAILING ADDRESS: 98-16 163rd Avenue Howard Beach, New York 1 14 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER 617.20 - SEQR APPENDIX C STATE ENVIRONMENTAL QUALII i REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM .for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by pllcanl or Project Sponsor) 1•APPLICANT/SPONSOR 2.PROJECT NAME Robert G. Bombara Robert G. Bombara 3.PROJECT LOCATION: Municipality Southold, T/O Southold County Suffolk 4•PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks .etc -or provide mao Refer to .Building Permit Survey' S.IS PROPOSED ACTION: ® NewExpansion 0 Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: I--1 Construct one (1) single family residence, garage, and pool. Alternate No. 6 7.AMOUNT OF LAND AFFECTED: Initially 0.6 acres Ultimately 0.6 acres e.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? QX Yes ❑ No If no,describe briefly: B.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 51 Resldenllel1:1 Industrial O Commercial []Agriculture perk/Forest/Open Space Other (describe) lo. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) NYSDIx - 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: Except tidal wetlands permit for Alternate Plan. 111--2..-LAS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? t—lres No I CERTIFY. THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponeo• Na a Robert G. Bombara Date: Signaturea. If the action Is a Costal Area,and you are a state agency, Complete the Coastal Assessment Form before proceeding with this assessment Board of Trustees Application Q1� County of ax4ft State of New York Robert G. Bombara BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF TTHIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF ti 20L_ Mw�NMY aMw�M(Q olary Public Board of Trustees Application AUTHORIZATION , (where the applicant is not the owner) 1, Robert G. Boabara residing at 98-16 163rd Avenue, (print owner of property) (mailing address) Howard Beach, NY 11414 do hereby authorize Young & Young (Agent) ATTN: Thomas C. Wolpert, P.E. and/or the Law Office of . Peter S. Danowski,J: to apply for pennit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Robert G. Bombara Margaret M. BombaRA APPLICANT/AGENT/RE PRE SENTATI V E TRANSACTIONAL DISCLOSURE FORM The Town of Southold s Code of Ethics prohibits coullicls of interest on the part of town officers and emolovees The oumoaLd this form is to prividg information n• r 2lill i rt the town of goEsjblc conflicts of interest and allow it to lake whatever action is necessary to avoid same. YOURNAME: Bofnbara) ROb.BL:t:,l;::_: (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate(lie 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.) Town Board Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO % If you answered"YES",complete the balance of this torn 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 applicauUagent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all drat apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a noucorporale 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 thiday of _20O/0 Signature _ A19 Print Name unhurt r ar•a Form TS I Y pp '.,�i � .Y.c•`A r1 l� ��I��r��aa� � �r tir 9ry �f�7�h:N Y/t).ri.r;,yi�,., ,.. , i—.� 1 � � •1 �J PHOTO NO. 1 ROBERTG. BOMBARA O' OCTOBER13,2006 k �p Y PHOTO • ROBERT G. BOMBARA AT SOUTHOLD, • SOUTHOLD, NEW YORK OCTOBER13,2006 v •_ it}�6 i. i 1 l�� A( '�riy',�{yes*l�lo-��sl .d��kft �l� �� 1 � ti t rs • • NO. ROBERTG.BOMBARA AT • • • • SOUTHOLD, NEW YORK OCTOBERi3,2006 7-77,7T7 -r ! PHOTO NO.4 ROBERT G.SOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. i' i 7 f PHOTO NO.5 ROBERT G: BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:28 A.M. t,a 1 tfiyNrt�� iq ti p cep F7f I�p 1 • • NO. i ROBERTG.BOMBARA AT SOUTHOLD, • SOUTHOLD, • ' OCTOBER13,2006 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 untended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Pennits 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 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 includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the 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 determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action-cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# inn 54 - 4 — 19 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. D Building Dept. G Board of Trustees I. 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.gram,loan,subsidy) (c) Permit,approval, license,certification: 51 Nature and extent of action: Construct one (1) single family residence, garage, pool and associated water supply and sewage disposal facilities. A Location of action: North Sea Drive, approx. 1,675' east of Kenney's Road (adjacent Site acreage: 24,879 sq. 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 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( ) 71 R PA5 9Ra (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? NYSDF.0 - Tidal Wetlands Permit 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. E Yes ❑ No ❑ (Not Applicable-please explain) All proposed construction is situated more than 160' landward of the landward limit of t•iaal wetlands The propogA 1 first floor of the duelling im 1R 00, in rnnf nre 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 El No © (Not Applicable—please explain) 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 Q Yes ❑ No ❑ Not Applicable Refer to Policy I 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 0 Not Applicable Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria O Yes ❑ No ❑Not Applicable Refer to. Pol cy Iresponse; propos met o water supp y is v a 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 LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. a ❑ ❑ Yes No Not Applicable � I Refer to Polio 1 rPaoonae 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 l_'J Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable PUBLIC COAST POLICII'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 46 for evaluation criteria.ElYed—In No[i] Not Applicable Attach additional sheets if necessary Policy 10.'Protect Southold's water-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—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in 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 lands in 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 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 `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 DRISCTM# 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, 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 BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: lo' � ' A XOIW E Date ID/ 0?o / Oeq IV 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 internet 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 e-mail account. Password Protection 1. Never write passwords down. 2. Never send a password through email. 3. Never include a password in a non-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 !@#$%W(@o 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 = 24A'761 50. FT. 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 • VERTICAL DATUM = N.G.V. DATUM (M.5.L. 1429) Howard W. Young, Land Surveyor Thomas C. llolpert, Professional Engineer • 5EE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast, Architect gig 5610500154 G LAST DATED MAY 4, 1998 Douglas E. Adams, Professional Engineer 1,0, 0 HEALTH DEPARTMENT U5E N z �HIM CEP 01 PTA ..-.(4 MR�)Pa,�` GERTIFIGAT _ . l� poll xI NE ° W. y 0 2 6 1400(eAOE ~`'4— mg G. del HOAARD A. YOUNG, N.Y.5. L.5. NO. 45895 4 f 'M) wait tY YA1L 1 �' lip 4� PPc a zaox rPc e,o i tz woc LAM'DS�'` � R F E-d35 E-fl151!1 _- Fd 0.50' flow a 'n E-7s, g Q" 0 0 " 1 5URVEY FOR 0 Fir4.65 EL-{.85 ROBERT 6. BOMBARA '� L n &� � er &W -� n At Southold, Town of Southold 6 12W GAL sfrnc Tua aSIRIBUTION POOL LFaaiING Pori `�'D 5uffolk County New York 'Ra (MONOLITHIC) (4 _ (4 POOLS) Fl-t.as 1 County Tax MOP District 1000 Se tlm 54 Bloat 04 Lot 19 11eg Vs HYDRAULIC, PROFILE BUILDING PERMIT SURVEY - ALTERNATE b SCALE: NTS q � �R 0 50DH5 AMENDMENT5 NOV. 25, 200°I AMENDED BUILDING PERMIT DATA NOV. 24, 20041 mAMENDED BUILDING PERMIT DATA OCT. 50, 2009 ob e AMENDED BUILDING PERMIT DATA SEPT, 14, 2009 E MAP PREPARED A &. 1-7, 200cl �$ e SCALE: N.T.S. ety� JOB NO. 2006-0520 2 or 2 DAG. 2006_0182-bp-rT S MARTIN D. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY O� OF soarol Supervisor martin.finnegan((rjtown.southold.ny.us a y JENNIFER ANDALORO O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 j ennifer.andaloro<<,'town,sou thold.ny.ue Southold, New York 11971-0959 LORI M.HULSE0�� ,�1 Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY Como N Facsimile(631) 765-6639 lori.hulse((l ltown.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 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: pdanowski0danowskilaw.com JOHN P.TAGGART, ESQ. jtaggart@danowskilaw.com July 15, 2010 Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn: Jennifer Andaloro. Dept Town Attorney 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 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, Q/(" PETER S. DANOWSKI,JR. PSD:gsg HAND DELIVERED cc: Robert Bombara Young&Young, Surveyors Albert J.Krupski,President 1 ��F sorry Town Hall James King,Vice-President ,\O� Q� 63095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 CA Peggy A.Dickerson Q a� Telephone(631) 765-1892 I�C�U Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only X Coastal Erosion Permit Application Wetland Permit Application _Administrative Permit _AmendmentlTransfer/Extension _Received Application: _Received Fee:$ _Completed Application- -Incomplete _ EQRA 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. 1,6751 east of Kenneyls 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 GENERAL DATA Land Area(in square feel): 24,879 sg ft. or 0.6 acre Area Zoning: R-40 Previous use of property: 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 Zoning 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 fo/site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation: Project Description(use attachments if necessary): Construct one single family residence and garage, pool and associated water supply and sewage disposal facilities. JiPp.i 1 U a"ULi 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? 200 — (cubic yards) + How much material will be filled? 200' (cubic yards) Mamrer in 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. 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 hot have an effect on the tidal waters. Board of Trustees Application WETLAND/TRUSTS);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: 6.8 Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between nearest proposed structure and upland edge of wetlands: 160 +/— feet 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 Depth of which material will be removed or deposited: 6 +/— feet Proposed slope throughout the area of operations: 2% Manner in which material will be removed or deposited: A harkhno wi 11 ha used to excavate for construction of the house, garage 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 attachmcnts if appropriate): The prop9sed operations will not have an effect on the tidal waters NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bombara SCTM# 1000-54-4-19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct one (1) single family residence, garage, and pool. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or.in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold . and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert G. Bombara and Margaret M. Bombara MAILING ADDRESS: 98—lb IbJrd Avenue Howard Beach, New York 1 4 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. 16'S'i 6t7.20 SEQR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALIT i REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM . .for UNLISTED ACTIONS Only PART 1 •PROJECT INFORMATION (To be completed byA 3plicantorProject Sponsor) 1.APPLICANT I SPONSOR 2.PROJECT NAME Robert G. Bombara Robert G. Bombara 9.PROJECT LOCATION: Municipality Southold, T/O Southold County Suffolk 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks .etc -or Provide met) _ Refer to .Building Permit Survey' 5.IS PROPOSED ACTION:. ® NewExpansion I—1 Modlflcagon/alteration B.DESCRIBE PROJECT BRIEFLY: L--7 Construct one (1) single family residence, garager and pool. Alternate No. 6 7.AMOUNT OF LAND AFFECTED: - Initially 0.6 acres Ultimately 0.6 acres B.WILL PROPOSED ACTION.COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? QX Yes ❑ No If no,describe briefly: B.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FROResidendal Industrial 0 Commerclal ❑Agrlcunure Park/Forest/Open Space other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Slate or Local) NYSDEC — Tidal Wetlands R Yes M 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 it yes,list agency name and permit / approval: Except tidal wetlands permit for Alternate Plan. 1t2—.1A"S A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Ores No I CERTIFY- THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor No e Robert G. Bombara Date: Signature ( � YaAav If the action Is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment f Board of Trustees Application QUO& County of Sna t State of New York Robert G. Boubara BEING DULY SWORN bEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS bAY OF 20 /,0 04 lmN�w1Mk lrMn otary Public 11 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) 1, 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) ATTN: Thomas C. Wolpert, P.E. and/or the Law Office of . Peter S. Danowski.j. to apply for pennit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Robert G. Bombara O er s e) Margaret M. BombaRA APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Soulbold s Code of Ethicli prohibits conflicts of interest on the part of town officers and employees The ourrose of this form is to provide infomration which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: BOttbara). (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee _X Change of Zone Coastal Erosion ' Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Town Board 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 lire town officer or employee owns more than 5%of the shares. - YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representalive)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when die applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); _C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thii_Aday of 200 Signatures Print Name pt l ,t- r ara Form TS 1 i R 00• 7(( v: • • NO. ROBERTG. BOMBARA OCTOBER13,2006 i� r . srnj��t�"i f rh { •�i°e �1 ' {�i 4e'� 1� j'"R �� v�+�10.+b e�y.�J-mkga��P�}t}�'�� • • NO. ROBERTG.BOMBARA OCTOBER13.2006 �All ui PHOTO NO.4 ROBERT G:SOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. i' i iCbtl!rr . M1 TS ; PHOTO NO. 6 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD,NEW YORK OCTOBER 13,2006 8:29 A.M. '' f r�dt4�j+f ft9 .�� -ell aF} ' p 1 erRg, PHOTO • i ROBERTG. BOMBARA OCTOBER2006 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes", then the 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 determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1 ono - 54 - 4 — 19 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. 0 Building Dept. D Board of Trustees I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Construct one (1) single family residence; garage, pool and associated water supply an sewage clisposa fac111ties. 4 Location of action: N-Norrth Sea Drive, approx. 1,675' east of Kenney's Road (adjacent Site acreage: 24,879 sq. ft. or 0.6 acre 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 O 71 A-AdS 9A� (d) Application number, if any: Will the action be directly undertakers,require finding,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 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. 0 Yes ❑ No ❑ (Not Applicable-please explain) All proposed construction is situated more than 160' landward of the landward limit f h 1 wphlnnds Tha nrnnosed first floor of 4-ha dwallji3q is lA 00, in rnnfnrmanrw 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 0 No ® (Not Applicable-please explain) 11' • \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 to Policy I 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 u Yes ❑ No ❑ Not Applicable Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes ❑ No ❑Not Applicable Refer to Policy 1response; propos me o wa er supp y is v a 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 LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. a ❑ ❑ Yes No . , . Not Applicable a � I Refer to Policy 1 rpgpanae 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 E] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC 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 46 for evaluation criteria. ❑ YeO No Not Applicable Attach additional sheets if necessary Policy 10.'Protect Southold's water-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—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic EEstuary 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 lands in 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 through 68 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 95 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 DRISCTM# 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, 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 SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY 11117790 -3409 Authorized Signature: /5� /'�D` Date A4/ °?�/ 9 IV Page 1 of 6 NOTES Young & Young N / AREA = 24,81q 50. FT. 400 Ostrander Avenue, Riverhead, New York 11901 / • VERTICAL DATUM = N.G.V. DATUM (M.S.L. I11211) 631-727-2303 � a� ,,yrj0 • SEE FLOOD INSURANCE RATE PANEL NUMBER Howard W. Young, Land Surveyor 3.gy J 36103G0154 6 LAST DATED MAY 4, 1998 Thomas C. Ilolpert, Professional Engineer p�' de Robert C. Tast, Architect Ill_ •c`p • AMOUNT OF FILL REQUIRED = 200 G.Y. t 5 W E �,/ � .410��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 3.97 � P �Nj,�pry.�d BUILDING FOOTPRINT AREA = I,vab 50. FT. HEALTH DEPARTMENT USE 1 �''^^% JK � /� / "r"d➢" • ZONING USE D15TRICT = 'R-40' � / vJ •ryry!Y/•' / / /y ' /6i� /$ ��J Gj /, �' y / /y ° , 3 ry y / ./9.71CO 10,77 If ,j9 4.02 4:� 5.50/ /y° y// // 6.72 , / // /s.0�( /.9.Bf �9 5i `` / / �/ tl'0* / / ��;� ' ><� / ` tl i' / SURVEYORS CERTIFICA � ' �dF W y 9.72 . 6397 NE e / /,� y// / 6.34� /�g dh / .e.as Oj �P, •7.0s / �39 ,/ f e.2z rf�� y ys TEST HOLE // V �i4 /i� / /� �1 !/6.66 ! T r M BY MaDON,vs 660WIEW-E /0 %tYI J� �b 7 DATE, osni/ob ,0' .� /�`•� i°' ,�' cs'a / " �b. r . .az //y/ / " '-y- � EL-6.45' OD' •8.47 /7.57 ` P �• es 6.39 ` /8 3t 0 HOWARD W. YOUNG, N.Y.5. L.S. NO. 4="v i°i P / �h ¢ I NNIE TOo � �o Phi � j/ ,� p z�/� LAND�'� se SAIM ' (SN A .8.20 1�' 7. 1 V a° � 8.00� / {" SURVEY FOR o O1.185 48 Qy,� � �o� _ \S ; RIOBERT 6 BOMBARA IF 7.66 �y .7{/ / tl s WATERING —s° o°� At Southold, Town of Southold � � PALE t3RRo`w a 2� 0,., \�9i .02\� f,/ / ae �� Sso �e It � ��/ `�' / Suffolk County, New York a SAND C/ ~/ . \ , \ / /^p/ 6.53 WIN (svu A� q qlc y ,o . \ .aa County Tax Map District 1000 Section 54 Bloc, 04 Lot Iq e� Jo 8.6'?i / - BUILDING PERMIT SURVEY - ALTERNATE b `f \ 8.39 / 38.32 "'O e ///0 LQ�tl 5GDH5 AMENDMENTS NOV. 25, 2009 0 g �P J/e.s1 AMENDED BUILDING PERMIT DATA NOV. 24, 200q x_ m 8.26 AMENDED BUILDING PERMIT DATA OCT. 50, 200q gb AMENDED BUILDING PERMIT DATA SEPT. 14, 200q MAP PREPARED AUG. I?, 200q � EI=MO�SET .MONIIENT raurro A'STAKE SET .=STAKE F 50ALE: 1"=40' c.cwnmEY no•waoF rn,Ea s•sroov cE.caLAa BRR.NIGE o-- •r,ara runeEtx viEw oiaELna+ JOB NO. 2 I of 2 20 E DWG. 2oo6-0152b_OI82_bp_r"I � �� NOTES Young & Young AREA = 24 8 i9 SQ. PT. 400 Ostrander Avenue, Riverhead, New York 11901 Al 63 f-727-2303 y1ij • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 14129) Howard W. Young, Land Surveyor Thomas C. Wolpert, P'rofeasi.onal Engineer• SEE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast, Architect IgIs 56103C0154 G LAST DATED MAY 4, 1998 Douglas E. Adams, Professionat Engineer AN 0 g HEALTH DEPARTMENT USE 3 eR HWSE (4�EfM00M5) �RSrP SURVEYOR'S CERTIFICAT • l NE 4)W. k o n.MI HOWARD W. YOUNG, N.Y.S. L.S. NO. 45895 4 3 E$ 4•mA m 4 MIN. S MIN. B MIN. O 6'MNf. 12'YAIC ,2'MNC '�_ LAh'D`'� PPE 0 200% Ir DM PVC R PPE 0 1.00% 33 P�gJ, -B.35 IE-S.1S p C S,r� RO,�,� „ IE-].83 E-].51 � $ GGG 3 b z oar 1 o 0 n 1 SURVEY FOR o EL_4.85 a_4.W ROBERT 6. BOMBArRA �a°" � At Southold, Town of Southold 1 CAL SEPTIC TANK wO,PeND DISTIaeuTION POOL LEACHING Pori WA n a-1.65 Suffolk County, New York Ices 20o D_,.es� y (MONOLITHIC) (4 POOLS) IVINI County Tax Map District 1000 Section 54 Block 04 Lot 19 q Ilks HYDRAULIC PROFILE HUILDIN6 PERMIT SURVEY - ALTERNATE 6 € SCALE: NT5 $ jell 0 SCDH5 AMENDMENTS NOV. 25, 2009 g AMENDED BUILDING PERMIT DATA NOV. 24, 20041 AMENDED BUILDING PERMIT DATA OCT. 50, 2009 6M�3 m AMENDED BUILDING PERMIT DATA SEPT, 14, 2009 g MAP PREPARED AU6. 11, 2009 1 a d SCALE: N.T 5. e D J05 N0. 2006-0520 2 OF 2 3 DWG. 2006_0182—bp_rl 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. jtaggart@danowskilaw.com `I JUL 16 2010 L July 15, 2010 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. I would expect that the Town would not endorse any plan that would require a variance from the Zoning Board of Appeals. I 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 trulyyours, G (/ - PETER S. DANOWSKI,JR. PSD:gsg HAND DELIVERED cc: Robert Bombara Young&Young, Surveyors N / NOTES Young & Young a� AREA = 24,5111 50. FT. 400 Ostrander Avenue, Riverhead, New York 11901 dye/ • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 10129) 631-727-2303 � • SEE FLOOD INSURANCE RATE PANEL NUMBER 1/ 3. 51NAI Howard W. Young, Land Surveyor / S V v � 605G0154 G LAST DATED MAY 4, Ig98 r�< .dpq ,cp�q�d° • Thomas C. Wolpert, Professional Engineer ; W E ,tY"/ o/, �},}'' �p AMOUNT OF FILL REQUIRED = 200 G.Y. t Robert C. Tast, Architect -p , •,/ , ,� 7 � Douglas E. Adams, Professional Engineer I±£ �i/, •y ��`dJ'd' • FILL TO BE GLEAN BANK-RUN SAND AND GRAVEL FROM AN APPROVED UPLAND 51TE. go 3,17 � / y • • BUILDING FOOTPRINT AREA = 1,6416 50. FT. HEALTH DEPARTMENT USE C i ` 9 /r �v ryPK ryq / y/ j • ZONING USE DISTRICT = 'R-40' pis b i/0�1 Q~� 94'�Y // /q /6.53 ^�/�/ t8.49 =f.� .8.57 ,yam rq2` 4.0:7 / // // /�'/� �r 6 cp r 02 / q !/ry �.s0/p / / vW ,` �5 / 6.- `7' / / 9.0`�; / 9.8/' 9.5� / 98 / �/ �/ '',t i t � �°/ � � • 90- ��% y� " �� q�i ,P / SURVEYOR'S GERTIFIGATI Sao / /� / / �v, 'c' e , 6.39� / , 't a i^ / JC_ O 6.3a �00.1 N 9.4s , r TEST HOLE '7.05�'1 / ®3y \�6�_`� / / l \x 7 66 � 5.22 6� �' �45 / / .� n % /.4rn / 1, BY MGDONALO 6EOS01EN0E // of- '� I `` i d y/ / o"'�t�/ ' �\ ' 7. DATE, 05/II/06 �s. ./ ".\ ,° /�. o/ / . E EL.6.45' 0.0' -8.47 /757 s •� 8z � . .S� 8.39 6.k4 /� o/ HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 s \ � PALE BROMAI \ 6c,� `♦ 'V° / T.H. FINE To / o I 9 / / 2 8 COARSEtd' -� SAND ,¢ L SURVEY FOR U PAL BRDMAI 41 Y \ 7.66 \ .5 e / .2S '/ � UQ�w, ROS RT 6. BOMSAR ° PIF�TO �', 6. .02\) e- � / / / �o At Southold, Town of Southold � 6 `°S;� So �e B '\\. x�'/ ��/ / Suffolk County New York `° C , bd a pg !, l ✓ o 6.53 ( 4,lp 10 B tp9'q' \�Q County Tax MOP District IOOO Section �q 11.01 ` S ' `•� P" /e.5b / O/ % / `� y p 54 Block 04 Lot G �s� 8.39 /6�� / / \` 6UILDIN6 PERMIT SURVEY - ALTERNATE 6 8.32 nh8.2 // / l4 5GDH5 AMENDMENTS NOV. 25, 2009 0 e 26 AMENDED BUILDING PERMIT DATA NOV. 24, 2009 AMENDED BUILDING PERMIT DATA OCT. 50, 200cl b.b3 0 AMENDED BUUILDIN6 PERMIT DATA SEPT. 14, 20041 n Elm _MOwn7EHr sEr �- AUG. I"l, 2009 610 � I� e ■ = norurgNr FouBO 0=srAicE SET �,srAicE Fouxv SCALE: I"=40' e.ewr-mEr rzo= BOOF ova s.57o eE=e BAR V4mA .E P TO Ww Oe, Vl w 01n 61No JOB NO. 2006-0520 1 OF 2 DWG. 2006_0182_bp-r-1 NOTES Young & Young a AREA = 24,57q 50. FT. 400 Ostrander Avenue, Riverhead, New York 1 Igo 1 0 631-727-2303 � • VERTICAL DATUM = N.G.V. DATUM (M.5.L. 1g29) Howard W. Young, Land Surveyor • SEE FLOOD INSURANCE RATE PANEL NUMBER Thomas C. Wolpert, Professional Engineer dW 36103G0154 G LAST DATED MAY 4, 1998 Robert C. Tast, Architect Douglas E. Adams, Professional Engineer 1 9 0 HEALTH DEPARTMENT USE a g gels N � €� HOUSE e G ON PILES hill (a BEM,DCMS) pill o b u i,RST BOOR �� e� SURVEYOR'S CERTIFICATI r1,, 5.00 / \ ,y, r�1 O low RNISHED WADE E�1Q5 E EL�9.5 I gµ EL HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 l / 1'pA PVC ❑ {� MIN. 9.4 MAX. 6 MIN. / PIPE 0 200; 8' 12' MAX a MIN. pp PIPE OA 1.Wl;PVC12' MAX. f .ti.,� C rt�J�r\�"f yil n FF- o w ROW UNE 0.33' $ 8 g F z E _4.65 0 n 1 SURVEY FOR e e am' z EL=4.65 ROBERT 6. BOMBARD 8]' `o r— —B.00, 8.00'--I ii � S HI NAL At Southold Town of Southold1200 GAL SEPTIC TANK EL=1.85 DISTRIBUTON POOL LEACHING POOLS whn° Suffolk County, New York (MONOLITHIC) (4 POOLS) EL=,ss <E8 County Tax Map District 1000 Section 54 Block 04 Lot Iq o�� HYDRAULIC PROFILE 9UILDIN6 PERMIT 5URVEY - ALTERNATE 6 zg� 1 50ALE: NT5 Ii plijSiz 5CDH5 AMENDMENTS 0 NOV. 25, 2009 m AMENDED BUILDING PERMIT DATA NOV. 24, 2009 AMENDED BUILDING PERMIT DATA OGT. 30, 2009 6 : J, AMENDED BUILDING PERMIT DATA SEPT, 14, 2009 0 b a MAP PREPARED AUG. I7, 2009 g SCALE: N.T.5. N!V JOB NO. 2006-0520 2 OF 2 3 DWG. 2006-0182_bp_r'7 5 Albert J.Krupski, President S� James King,Vice-President p Uj'7 Town Hall Artie Foster ~ 63095 Route 25 P.O.Box 1179 oda Peggy A.. Dickerson Ken ickerrson Southold,New York 11971-0959 N Q O • ,p�� Telephone(631) 765-1892 co �� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only X Coastal Erosion Permit Application Wetland Permit Application _Administrative Permit _Amendment'Transfer/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- - 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 Kenny'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 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 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✓site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description(use attachments if necessary): Construct one single family residence and garage, pool and associated water supply and sewage disposal facilities. COASTAL EROSION APPLICATION DATA Purposes ofproposed 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? 200 + (cubic yards) How much material will be filled? 200' — (cubic yards) Manner in 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. 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. r. Board of Trustees Application f ' 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: 6.8 +/—% Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between nearest proposed stricture 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 flow 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 in which material will be removed or deposited: a backhoe wi 11 ho used to excavate for construction of the house, garage and pool and also used to grade the construction site. Statement of the effect, if my, 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 � 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 Board of Trustees to: construct one (1) single family residence, garage, and pool. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert G. Bombara and Margaret M. Bombara MAILING ADDRESS: 98-1b lb3rd Avenue Howard Beach, New York 4 PHONE#: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. 617.20 SEQR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALII, REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by A iplicant or Project Sponsor) 1.APPLICANT I SPONSOR 2.PROJECT NAME Robert G. Bombara Robert G. Bombara J.PROJECT LOCATION: Municipality Southold, T/O Southold County Suffolk 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc •or provide map Refer to .Building Permit Survey 5.IS PROPOSED ACTION: ® New ❑Expansion ❑ModlflcatIon l alteration 0.DESCRIBE PROJECT BRIEFLY: Construct one (1) single family residence, garage, and pool. Alternate No. 6 7.AMOUNT OF LAND AFFECTED: Initially 0.6 acres Ultimately 0.6 acres S.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑X Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FX]Residential Dindustrial ❑Commercial ❑Agrlcullure ❑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 Local) NYSDEC — Tidal Wetlands 1 �1Yes ❑No a yes, net 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 Except tidal wetlands permit for Alternate Plan. �! 12. AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es Ne 1 CERTIFY. THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponso• No a 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 K Board of Trustees Application Q 1�Y7 County of SKMflal Stale of New York Robert G. Bonbara BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ,-'44 �� Signature SWORN TO BEFORE ME THIS DAY OF �.. .20 M CMMeMMb��1M4 p . � rMwOrowrbw M(Q olary Public Board of 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) 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 Town Trustees on my behalf. (Owner's signature) Robert G. Bombara Ow er s s ' e) Margaret M. BombaRA APPLICANT/AGENT/RE PRE,SENTATI V E TRANSACTIONAL DISCLOSURE FORM Tile Town ur aouhoid s Code of Ethic prohibits conflicts of interest on the part of town officers and employees.The purposLId` this form is to provide information which can alert the town of possible conflicts of interest told allow d to take whatever action is necessary to avoid same. YOURNAME: Botilbara) Robsrt__t?_:_',. (Last name,first name,middle initial,unless you are applying in the naive 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.) Town Board Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance or 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 applicant/agenUrepresen(ative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicaid;or ll)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi day of 20OLO Signature 4'R . Print Name Rnheri- r Ara Form TS 1 z . . ��\ �\ /��\ y 9/ : � �� «?«ram � � � ��:�� }�\�§>, r�:�� ,3 . \ \, »\ � . � °%/ � �` ��\ . \.��, . . � ��d+ ��} .,�ƒ��\ \ ��{ �, ��/ 015 1 C v.' PHOTO • ROBERT G. BOMBARA AT SOUTHOLD, • SOUTHOLD, NEW YORK OCTOBER13,2006 . � C• s Iri 4 .� `q H i .4 •� t,� (�� ? �ti itt+�5,"�d„Hs�,aw,� �y '�f�"n �+ Y. . �.�C� s] FA PHOTO NO.3 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. j �S1;iia�f PHOTO NO.4 ROBERT G:BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. I a!�`tirl � ,t yhh i i t( 1 .2 PHOTO NO. 6 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 6:29 A.M. r. r PHOTO • ROBERTGAOMBARA AT SOUTHOLD,TIO SOUTHOLD, NEW YORK OCTOBER13,2006 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a detenuination of consistency. *Except minor exempt actions including Building Pennits 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 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 includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then lie proposed action may affect tic 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 determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and die Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# i onn 54 - 4 — 19 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. G Building Dept. G Board of Trustees L Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑r construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Construct one (1) single family reside, garage, pool and associated water supply and sewage disposalac1172 ties. Location of action: North Sea Drive, approx. 1,675' east of Kenny's Road (adjacent Site acreage: 24,879 sq. ft. or 0.6 acre Present land use: vacant Present zoning classification: R-40 2. If all 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 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ if yes,which stale or federal agency? NYSDEC — Tidal Wetlands Permit 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. 0 Yes ❑ No ❑ (Not Applicable-please explain) All roposed construction is situated more than 160' landward of the landward limit of t-idal wed-lands- The prnponpA first floor of the dwelling is 1R on in rnnfnr nro 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 13 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 Refer o Policy I 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 III —Policies Pages 16 through 21 for evaluation criteria 0 Yes ❑ No ❑Not Applicable Refer to Policy 1 response; proposed method of 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 LWRP Section IH—Policies; Pages 22 through 32 for evaluation criteria. N ❑ ❑ Yes No Not Applienble 1 I Refer to Policy 1 re.9ppnae 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 j] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 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. ❑ YesD No 0 Not Applicable Attach additional sheets if necessary Policy 10.'Protect Southold's water-dependent uses and promote siting of new water-dependent uses ill suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No © Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 — 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 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 DRISCTM# 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, 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 .SLA SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, /N>Y 11790 -3409 J Authorized Signature: o?� / !� aE Date Id/ Page 1 of 6 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. E-Mail:pdanowski®danowskilaw.com itaggart@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 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, P-4%141L PETER S. DANOWSKI, JR. PSD:gsg O��OF SO Z., ELIZABETH A. NEVILLE,RMC,CMC Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS H JAW Southold, New York 11971 MARRIAGE OFFICER • �O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER �Coma 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, 4�U �" Elizabeth A. Neville Southold Town Clerk cc: Town Board Town Attorney Town Trustees 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 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 Tel 631 765-1800 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 Tel 631 765-1800 Fax 631 765-6145 1 O r LAW OFFICES RECEIVED PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD.NY 11901 N0V 1 7 2008 (631)727.4900 FAX(631)727-7451 SoufWd Town CIA JOHN P.TAGGART,ESQ. E-Mail:pdanowski®damwskilaw.com jtaggartGdar skllaw.com November 12, 2008 Southold Town Board 53095 Main Road, Box 1179 Southold, New York 1 1 971-095 9 Re: Robert F. Bombara Property Dear Sir or Madam: I enclose administrative appeal papers with regard to an application on behalf of Robert G. Bombara, 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 documentation was received by mail on November 3, 2008. Enclosed is a standard 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 similarly 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 I" 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 Board of Trustees on earlier applications and on the instant application to prove that the beach area 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 regard 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 are 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 alternate 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 Board 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 100 foot beach area 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 Bombara Southold Town Board Page 3 November 12, 2008 application was pending. There has been no opposition from Mr. Tenedios to the Bombara 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 will ever qualify for recommendations of approval. As is stated in the Dru Associates, Inc. document made part 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 considering reasonable alternatives to the proposed activity 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 significant fish and wildlife, nor is it a host site for shoreline bird breeding or any other threatened or endangered species In 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" area. 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 Board 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 hardship and the Town Board 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 legislation and the Town Code provisions have been incorporated into the proiect's design and will be implemented at the developer'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 hearings 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 Board of Trustees have granted relief and the Town Board 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 requested 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, C;k PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED cc: Robert Bombara TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE Novemhpr 1 r 2008 Fee: $250.00 NAME OF APPLICANT: Robert G. Bombara ADDRESS: 98-16 163rd Ave. , Howard Beach, NY 11414 AGENT: Thomas R. Wolpe-rt,P E. , young. & 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; 1il-12 THE ALLEGED ERRORS IN 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 eros ion; issue permit with reasonable conditions as depicted on any of alternate plans submitted; more than 100 feet from Long Island Sound and beyond beach. RELIEFSOUGHT: Issuance of permit as proposed on any of plans submitted. * COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL A c,/tioV. SIGNATURE OF APPLICANT THOMAS E. WOLPERT, P.E. ROBERT G. BOMBARA LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESO. E-Mail:pdanowskiftanowskilaw.wm Ita99art®danowskllaw.wm 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, Ri 64. . PETER S. DANOWSKI,JR. PSD:gsg 1 i i -.. ., ;> ;. I r.-- - s �„ P� Y - '. ti �� S_@ �." lF • Y w._ James F.King ,President �pF SOOj Town Hall Jill M.Doherty,Vice-President ,�0� �(� 53095 Route 25 P.O. Box Peggy A.Dickerson i. ,�/, '! T Southold,New Yorkk 11 11971-0959 Dave Bergen en C p Telephone(631) 765-1692 Bob Ghosio,Jr. � COU Fax(631) 765-6641 NI'f,� BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD October 15, 2008 Peter S. Danowski, Jr., Esq. 616 Roanoke Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Danowski: The Board of Trustees took the following action during its regular meeting held on Wed., October 15, 2008 regarding the above matter: WHEREAS, Peter S. Danowski, Jr., Esq. on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated July 6, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Southold Town Conservation Advisory Council provided a written comment to the Southold Town Board of Trustees which stated, due to the location of the Coastal Erosion Hazard line being landward of all proposed activities, a full review of the application cannot be conducted at this time, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1-Minimize loss of human life and structures from flooding and erosion hazards, Policy 4.2—Protect and restore natural protective features, - Policy 6 —Protect and restore the quality and function of the Town of Southold ecosystem, - Policy 6.3—Protect and restore tidal and freshwater wetlands, and, WHEREAS, a site visit of the property was conducted on October 17, 2007 and in attendance at the site visit, among others, were representatives of the Town of Southold Board of Trustees, LWRP Coordinator Mark Terry and New York State Department of Environmental Conservation's Environment Specialist Robert McDonough, which confirmed that the proposed actions were entirely located seaward of the Coastal Erosion Hazard 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 specifically provided for in Chapter 111, and, WHEREAS, the Board has determined that the structures, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the Town, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and because the proposed actions are located entirely within the coastal erosion hazard area and the primary dune, a natural protective feature, and because the proposed actions are not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Board of Trustees deems the proposed project to be impermissible under Chapter 111 and Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the scope and location of the proposed structures, and overall impact of the proposed project on the tidal wetlands, and the furtherance of the policies cited by the LWRP Coordinator, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of ROBERT BOMBARA to construct a single-family dwelling, detached garage, pool and associated water supply and sewage disposal facilities, and as depicted on the surveys prepared by Howard W. Young dated February 9, 2007, labeled Alternate 1, Alternate 2, and Alternate 3. This determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, 1 M. Doherty, Vice-Presi nt and of Trustees JMD: Ims 2ecld Yr Y i- /9--7 James F.King,President OF so�Tyo Town hall Jill M.Doherty,Vice-President 53095 Route 25 y P.O. Box 1179 Peggy A.Dickerson '7l" Southold,New York 11971-0969 Dave Bergen co Bob Ghosio,Jr. �p �� Telephone(631)765-1892 lf'C,oU 'a Fax(631)765-6641 BOARD OF TOWN TRUSTEES December 13, 2006 TOWN OF SOUTHOLD Mr. Thomas C. Wolpert, P.E. Young and Young 400 Ostrander Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Wolpert: The Board of Trustees took the following action during its regular meeting held on Wednesday December 1N,`2006 regarding the above matter: rf WHEREAS, Young and Young on behalf of ROBERT G. BOMBARA applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code of the Town of Southold, application dated October 17, 2006, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Southold Town Conservation Advisory Council resolved to Not Support the Wetland Permit& Coastal Erosion Permit applications because development seaward of the Coastal Erosion Hazard Area is prohibited as per Chapter 111 of the Town Code, and, WHEREAS, the LWRP Coordinator recommends that the proposal be found Inconsistent with the Local Waterfront Revitalization Program as no construction is allowed seaward of the Coastal Erosion Hazard Area where, as here, the natural protective feature is a beach area; and the proposed action is Inconsistent with the following policy standards: 4.1, 4.2, 6.3, and, WHEREAS, the proposed distance from the house and pool to the natural protective feature (beach) is 0 feet; and the proposed structures are within the areas the Trustees stanway nom tup ut the DUtKneac to tower dock, and replace the TX 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 a One-Year Extension to Wetland Permit#6257 and Coastal Erosion Permit#6257C, as issued on December 21, 2005. Located: 925 Stephenson's Rd., Orient. SCTM#1 7-1-2.1 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 MAY BE 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 Welland 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 to construct a single-family dwelling, detached garage, pool and associated water supply and sewage disposal system. Located: 1725 North Sea Dr., Southold. SCTM#54-4-19 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 VD 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. Von center in mesh cloth over face of bluff, approx. 100'X 100; and inkind/inplace replacement of pre-existing 4'X 72'wood steps and 5'X 12'wood landing (top), TX 8'wood landing (mid) and TX 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 a low- 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 gUFF011c CO Albert J. Krupski, President O� G Town Hall James King,Vice-President 1'� 53095 Route 25 Artie Foster - P.O. Box 1179 q 2 Southold,New York 11971-0959 Ken Poliwoda v At Peggy A. Dickerson ��j' O�'� Telephone(631) 765-1892 �C•( # `ta 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, 2 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: $100.00 Very truly yours, /" � • Albert J. Krupski, Jr. President, Board of Trustees AJK/hct d Board Of Southold Town Trustees SO��//UTHOLD, NEW YORK PERMIT NO, .U�1Q.$-..1 -.. DATE: Feb.,. .16.,._2005 + f• t JOHN BETSCH ISSUEDTO ...........................................:......................................._............................................... .. ,2lUt�I1Ct��fti111 _ . . Pursuant to the provisions of Chapter 615 of the Laws of the.State of Now York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled *"REGULATING AND THE PLACING.OF:OBSTRU.CWNS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS., OM LANDS UNDER TOWN WATERS;!.,'. and in accordance with the Resolution of The Board adopted at a meeting held on .._Feb. 2.005 and in consideration of the sum of f.15o,,rap.......... paid by Jolin Betsch of ........._Sou.thold....._._............................._........... N. Y. and, subject to, the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees eufhyrizes and oermits tha fodowina` wetand permit 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(Ammophlla brevlligulata)on 12"centers at the completion of corhslruction,with no disturbance of the existing beach vegetation seaward h and east and west of the existing house and all as depicted in the plan surveyed by John C.Ehlers last revised 3- 7.05. The primary dune area seaward of the house will be danted pr rt line to to line. aU in accordance with The detailed specitica tons as sented m .the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by ''majority of the said Board .as of this data. _._ - ----- Pepgy Dick rrson-- --- �� Artie Foster 1 C 1RVEY OF PROPERTY N SITUATE, SoLgWLD W E SSUFPOLK GOUNIY, NY s 5LRverev to-a 2 pA Ne T aapp clt 03-0'I-05 OT-IT-05 WINTER TORO 02-01-04 DEL HIGH WATER O]-I1-04 Test HWO TRUSree9 R I510N5 05-0I-05 5-31-05 O AM. 50T0 1000-`A-4-]4 EL= 035' U ..RI LQJNTY HEAL RTH DEFT./ O.O REF. ' RIO-03-0109 ®nvBm / Iwnl RSIBCIi '� clew x�a M wo1e � a • � ems\ Wl y /� ,4 f/ DECEIVE D ��•�u ^ / MAN - 2 2U05 x.. PROP05ED 5EPTIG SYSTEM DETAIL. nor 10 rALE NpTESi d+rc'h (... : b W:I re.o w.m _ _ o. ,. .yy..♦s:..-^.� • noRn+eHr Pauo * S E ATIO REPERENOE FEMA TO 15 SOALED FROM FIRM MAF ..,^. '•v.�% _� `��T:.[ ' •36103OO131 6 MAY♦,199D OP"`.FROM N.T .DLL. TO 0 EROSRJN HAZARD " '="- =JOHN C. EHLERS LAND SURVEYOR R OF `° AREA MAP SHEET PHOTO 56-510-03 `•"'�� AREA-2"12 SF OR Obi ACRES —l" :�"�•" 6 EA•Sf MAIN STREET N.Y.S.L NO.5= �^ :z GRAPHIC SCALE I'= BO' }_- — ^: 369L R3AD.N.Y.11901 369-SIBS Fix 169-618] RPP.\Wp xrva,WPR0SWI-2946.go I 1 0 1.. r T17L0 Nn. 39-AS^)87$$ ISI-AND soUN� N 0 � N � e Y.�eoE 11 .0 P• _ � W 0 % � • Pp tO .. W m 1, c K[NNIY� IEV. f S39�24.OG?"W 125.t39' NORTH SEA DR. 3VYTOIN cn{Nryy I"MAP Aar u Mk A9UMEMENTIN MS.$TANPA110 iI1X IRbi[IKEIXNCJRCG WAtYANMVIQB[YGIRM ur q[GYOY,II LNV.NOI pIYYMi ME M�Im.nxpin{EG TI r fWAGfM,IMI5S11I1WN116rtou.n i TIIE UTIIUC IUIILU TUl1IE I•nVPEnTY IINC,AACKUn A nPECU'IC PMU'OMEONLY.i11E1 ANT IUA 11111N110OTOOk ItFEDI'nM11Y 6AGcilaM Vl PrNGTf ATDIIOlYH1FU On ANY OTIK!11I4MDtlWGNi. wIAVTHUil1iYU ALT[OAIIOn OA ONLY VW1En fMCN nIG VMVIUAL VVAIAIIRNG INDICAIwil O WIlE011 MIALL NUN ONLY IU AWIIOLNJO AYUAVEV MM'kWAWIk: _OF II.OWIVLT UARKCC YntI#N AN[PrnYUelnnn Al. . GUNYEvgpO[SA11EE, --ANVNIINU YTAL AQ I TANDL146i Cfl PAHT A tH511nPn UNIL:I11ryliYOlY51i1Pt' OIUNIgA1.0l IN LANn SVIIV6V• OOYFIINYGNIAL AUENCV AND LCNUWR W!{11TUIIWI p AV101Altt:N OF P.[P,iKIN'MM1,9U6 ON'S EGID058EU SkAL B11ALL DP �19�po ldgGON AND TO TUG A544eNNED OP nN; n IDfRNyOLlIIFJInv n KSTa.It _J:ONSULCHOO..iA.WLYlLL16TIlY' - - I'MIUAIkMI LAW, 6OPI[!I, ToolAL WYI111111011GND tlUlGEf1UlXT gYVY 14AYY1. I�CTT.TXA14ILiElK & PLAN SECTION BLOCK DATE $ - wi - 91 LAND SUHVL QNB,P.C. GUARANTEEDTO mlmum ) nOvnxrnc[llltt neANCY,ING. �-„ / - `UYPOIH WAYIfu4:xnntz•.ic� IL:G AAUR ull COUNTY IJQMV IQ141C P1AMv,1 IDIIVCIJI(N.CNIC4 T+Y.'GAff.Ik51LA AVE L LWu vewu,xV �xnmolMw[,xY.mn JOB NO. iLLLP110lIL-Mn il1•GtlI �..1.3.T•� rwz�nxl-ersAA+: JDIIN P.epaLONeS M.ecrscN — 1 tl TWOMFY, LATHAM, SHEA & KELLEY LP PAST ATTORNEYS AT LAW //p/.j/ THOMAS A.TWOMEY.JR. 33 WEST SECOND STREET I� EAST AMPTON OFFICE STEPHEN B.LATHAM P. O. BOX 9308 O MAIN BTREET JOHN F.SHEA,III RIVERHEAD, NEW YORK 11901 t EAS HAMPTON.N.Y.11937 CHRISTOPHER O.KELLEY (.]I)32I.1200 MAUREEN T.L)CCIONE DAVID M.DUBIN0 TELEPHONE: (631) 727-2180 SOUTHAMPTONOFFICE P EDWARD REALE FACSIMILE:(631) 727-1767 51 HILL STREET PETER M.MOTT SOUTHAMPTON,N.Y. I1966 SUZANNE V.SHANE 169I)287-OOW JAY P.OUARTARAR01 www.9uffoIk1aw.com JANICE L.SNEAD PORT JEFFERSON OFFICE MARTHA L.LUFT 105 MAIN STREET JANE DIGIACOMO PORT JEFFERSON STA.,N.Y. 11776 PHILIP O.NYKAMP -h*ulfolktaW.c In (W 1)920-44M OF ODUNI!L BAY SHORE OFFICE KENNETH P.LAVALLE n ONE EAST MAIN STREET.SUITE 1 JOAN C.HATFIELD& r�EL .�—r +1� :(631)727-2385 BAY SHORE N.Y. 117p6ALICIA SHEEHAN O'CONNORA ELENA L.TOMARO1831)6858300ANNE MARIE DOODALE2 6 2004 Xt.216 4 A TO UOE OFFICE DENISE R.SCHOENAaD TOWNIINE ROAD LAURA I.SOUAZZINA HAUPPAUGE.N.Y. 117aB MARTIN D.FINNEGAN' 1631)265n01A TRACY KARSCH PALUMBO BRYAN C.VAN COTT1unald TOW11 p Nvet Board of Trustees I ay 25, 2004 1 R9 Via Facsimile and Hand Deliveru Mr. Albert J. Krupski, Jr., President Board of Trustees Town of Southold I r P.O. Box 1179 53095 Main Road 1 1 Southold, New York 11971VP v� i RE: Application of John Be sch, 2325 North Sea Drive,Southold, NY dj Dear Mr. Krupski & Members of the Board: 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- family 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_uire 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 Town 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 251/o, is a regulated activity for which a permit may be 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 a year-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, p TracyQCarsch Palumbo TKP:yq cc: Brownell Johnston, Esq. Mr.John Betsch R . .. air Board Of Southold Town Trustees ; SOUTHOLD, NEW YORK q PERMIT NO. `S / DATE: ...9.-22-99.._ ,. ISSUED TO r ,�,. .�utl�nrt�tt#inn Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the . . s State of New York 1952; and the Southold Town Ordinance en-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.-z1.-99._...,. 19..,.99.., and in consideration of the sum of $200...-.-._._... paid by En-Consultants Inc. , for S.U.5AN_TA.SX.ER................... ... 1i of Greenpgz t..... . . ...... _....... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: t t' Wetland d CEHA Permit to construct a one family dwelling, dec r revetment, sanitary syst. , bluestone drive. , underground utilit. , 265 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 hare- by causes its Corporate Seal to be affixed, and these presents to be subscribed by 'a majority of the said Board as of this data. KFf`'" o�oS�FF oil(4r 0 d "rl/1 l�t �� - Trutteet Albert J. Krupaki, President �Q%VF044' _ Town Hall James King,Vice-President ,rO 0/j , 63095 Main Road Henry Smith yt P.O. Box 1179 Artie Foster cc = Southold, New York 11971 Ken Poliwode O Telephone (616)765-1892 Fax(516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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 as proposed will not affect the health, safety and general welfare of the people of the town, 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 project 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, a g. 0q, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh CC. DEC Dept. of State Bldg. Dept. MEMORANDUM IN SUPPORT OF THE APPLICATION 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. Betsch for a Coastal Erosion Management Permit to renovate a single-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 Structural 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 a 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 on the applicant's property either by the Town of Southold or by the DEC. As such, it would be improper to apply this section concerning Structural Hazard Areas, as the property in question has not been identified as a Structural Hazard Area. Furthermore, even if a cognizable protective feature could be precisely located, the application of the 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 oil the environment and is entirely compliant with the Town Zoning Code and FGMA 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 ATTORNEYS AT LAW THOMAS A.TWOMEY,in, 33 WEST SECOND STREET _EAST HAMPTON OFFICE STEP HEN B.LATHAMJOH Mellln Address: 20 MAIN STREET CHRI F.SHEA, 8 CHRISTEN HER D D..KELLEV P. O. BOX 9398 EAST HAMPTON.N.Y 11837 MAUq EEN T. YOR LICCIONE RVERHEAO. NEW PORK 17901 leaq 32•-+2o0 DAVID M.DUBIN O P.EDWARD PEALE TELEPHONE: (631) 727-2160 SOU THAMPTON OFFICE PETER M.MOTT FACSIMILE: (631) 727-1767 SI HILL STREET SUZANNE V.RT.F E - SOUTHAMPTON,N.Y 11966 JAY P.OUA UA RTAR4ROL (631)28]-OOBO JANICE L SNEAD www.sullolklew.com PORT JEFFER8ON OFFICE MARTHA L.LUFT '05 MAIN STREET PANE OD.NYK M D ra /1 IP ❑p I.-� r^�\ PORT JEFFERSON STA.,N.Y. 11>]8 PHILIP D.NVKAMP IL}i (l`f( IL,L} V LS} I \I (eat)928-•aoD m......AV NENNETH R.LAVALLE -�I BAY SHORE OFFICE JOAN C.HATPIELDA 2C0�}^/1/1�1 1I ONE EAST MAIN STREET,SUITE 1 SAY SHORE. V08 ALICIA SHEEHAN O-CONNORA AUG (] y� 386 aa00 ANNE MARIE OOODALE LAURA I.SOUAZZINA HAUPPAUOE OFFICE MARTIN D.PINNEBANO 400 TOWNLINE ROAD TRACY KARSCH PALUMBO S9UIIIOId TOWR HAUPPAUOE. BRYAN C.VAN COTT, (63 t]2831.1• ELENA L.TOMARO Board of Trustees CYRUB O.DOLCE^- ugus , 004 0 NY A LA OARS 1 LL M IN TAXATION p .1 A CY6AN5 o NV.NJ,F PA 9ANN Brownell Johnston, Esq., E NJ OARS .N1 a FL.,gO Office of the Town Attorney,Town of Southold N ESTA,E.,ANN,NB PO Box 1179 53095 Main Road Southold,NY 11971 Re: Application of John Betsch 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, I 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 enclosed 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 on the Sound, and the applicant had been granted a Coastal Erosion Management Permit by the Board. I 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 t5r4y yours, TKP/yq Tr c rs a n (o--- cc: John Betsch ------------------ ------------------ J I I A. Bldg. ;Z 7S Z 2- f Foundation C Bath .tension Basement Floors .tension Ext. Wells �� Interior Finish $ . ire tension F Place Hear .,� 71 / Parch Attic Porch Rooms 1st Floor reezewo ' �yb /0'0 12-,e Patio Rooms 2nd Floor arage � A, �t�::•-�Y�;.j �D�' Zo-0 Driveway L 7 �, Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No >� Yes Does the project involve excavation or filling? No X Yes If 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:Tµ1. Al POS IT b?' k3g&; AIl1 n?Q r�r , r_s ar•) ri-!r Ftw�r 1. rRe�r&rt 6P ?p I e Pe a-p-Tt/ J-Pr - A-tzt A-SO IQ Tt-f.4-7 AF.EA Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) AI I/ 6^5 /&3M AF-a p r P se-b `t{r- Zbr�ISK! 67U Y uE. ??JE'+U ! TnEE a ST AC3in�s 'TF/E '�F�t-/.4 xt�Ot� [��I/.4i Irnt?S Lrn,ycrFTJ il3/�l lrl/LG I7PPuP-z) ao ♦ -44p--/PAa'gcT/ 7n�/}i� A /h�zRlr- A/.7i4-t1 icy (�-i Ad�y1-y gL�_� T!-r� [ 7/�i• � isr �/'E PRQpCF> (1 ,';T-g-Ve7'o uric 4QPPt,t1 W IZl L4 &: (,V L,0:r7(TA'A,, -I /1-Ib4(y97)-Text 12 . •� PROJECT I.O.NUMBER Riy Zy 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) 1. APPLICANT ISPONSOR T-RAV5K, t00*rEFY2.0 {2-�, I 2. PROJECT NAME AGt�)F�S2xA �QoZOcx,��k 'beTSC Fi $ D 10C� - ]. PROJECT LOCATION: Municipality 500T OL.D. County e? (::'1P0 a. PRECISE LOCATION(Street address and road inlersectlona,prominent landmarits.elm,or provide map) t�pRr) 1 b5A )ow, �1a1` �J 1t S •. t�� OV Ki;r�0-A'S Vr- 5. IS PROPOSED ACTION: �// - - ❑New NJExpansion UMoailicaliorvalteratlon ' 8. DESCRIBE PROJECT BRIEFLY: - T}iE, 117TEU� 13 -TO C-)QST2L�CT A' 00,LJO 1)(OFLAAJG IA:r PLiFC.E OF -F_M -r11�IG I f.� e01•-Q Ur}Uc.0 to lrtt r-E t-lh. IV, URr1 Oki S . � 15TLt. e? £mil►�Gl-r -A-i-A �co2uaUG . _rV- sr2�7Cru2e LLBLu �E Co �'E R-0 C c�D ply L.r)CX Il ?IL40 "S LO ;�C "%G+1 b_'3A'rEIK ��UA-rtooJ rol,:rpbp 1- OeS., 7. AMOUNT OF LAND AFFECTED: Initially acres acres a. VALL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑No If No,'describe briefly 9. WHAT IS PRESENT LAID USE IN VICINITY OF PROJECT? f 0Resldential ❑•!ndustrial ❑Commercial ❑Agriculture LI ParWForesUOpen space LOther Describe: a vE�2cvr L, �cReet �-u� �a2L�a�t col�,� L�v�o G*I\gPTGE� WAX-0R6NW 4 CKy, 10. I'D ES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? Ries ❑No If yes, list agency(al and pe lVapprtwals 3L9CFct_Ic 60o&-7ry ve7 pr. o 1= 44 er+LT+f• k>.uZ->- 'D.I;.c, _'cJL7rH0t TOUL3 a cz-M IT . IT. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No 11 yes, list agency name and Permit/approval - - 12. AS A RESULT OF p PROPOSED ACTION WILL EXISTING PERMfT/APPROVAL REQUIRE MODIFICATION? El Yes 'Ip No ---- - __ ----- I CERTIFY THAT TMe1NFORMATION PROVIDED-AEOVEIS7RUE TO THE BEST OF MY KNOWLcOGE --Applicantlsponsor Slgnalule: If the action is in the Coastal Area, and you are a state acency, complete the Coastal Assessment Form before proceeding with this asuessment OVER 1 i / ' �t ' � �, ;,� ..:: <, -.� a ,y i!-.� -w -- _ 1 - � _ _F-. . _ ,� _ ., - '�'7 f q m.�,V4/ FA�r .." + 'S-� -sill '' Field Inspection I 1/11/03 . . � . . \ . . . � . . 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 Commissioner 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 project 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.Krupski,President cAFF0(,t Town Hall James King,Vice-President 63096 Route 25 Henry Smith P.O.Box 1179 Artie Faster Southold, New York 11971-0959 Cos Ken Poliwoda *26 Telephone(631)766-1892 syol Fax(631)766d366 � �a�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#5462 Date:December 21,2001 SCTM#54-4-4 Name of Applicant/Agent: Amy Martin/Fairweather-Brown Name of Permittee: Aileen Paskoff Address of Permittee: 21 West Street,NY,NY 10006 Property Located: 205 North Sea Dr.,Southold DESCRIPTION OF ACTIVITY: 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 X. a Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. S�bO1' ._. DATE: ._,Dec. 21. 2001 AILEEN PASKOFF r ISSUEDTO ......._.................... ..................... . .. ......._................_.................. l ,�u#l�uri�tt#inn Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, I B93; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- 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 66ard adopted at a meeting held cn _Dec.,.,_19, ._ 2001 and in consideration of the sum of .... paid 6y Fairweather-Brown for AILEEN PASKOFF ................................................... ...................................................._................_......_ 4 . of ....._ _._ ..Gre.............en....p...o. rt ........_.._....... ....................___.. N. Y. and sub'pet to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits 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'enating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seel to be affixed, and these presents to be subscribed by a majority of the said Board as of this data. c rnut r NIOI F t. SONNENBORMI a BEVERLY A. SONNENBORN � I •I • J 347•N. I d I bl o •I V y,'� rO •• i H O •`r"i J. 70 � eOr' yyp I y gy F V ` �4 j • ,� 107.1LU t ♦ }S� k i 1 r � l "[N o � y y r PBX • >rr�l f/r t/.. /s.s ; � \ I W ` r</1.f ! !� ' e bnumant !4.M.•4.9 e,/ N ' _ _ ___ � � v • 1 ilk • L— — •�a'� ua.a' 1 1' 1 A 1 L• ct • y b O 764 - M PIP 345.44' NI 0/ F/�t �+°�^�J° N/0/F $ CHARLES GANASSA ORESTES & EVELYN & OTHERS VARVI TSIOTTES iSKOFF KENNEYS ROAD F�NO. FROM G MAY 4, 19ee COASTAL EROSION HAZARD LM coma rAAVru to J UAVAe An A uMe bert J.Krupski,President FFO(/r Town Hall Mesa Road James Henry King,Vice-President 630 ��V j P.O.Box 1179 ae Southold,New York 11971 Artie Foster Ken Poliwode Telephone(516)766-1892 Fax(516)766-1823 BOARD OF TOWN TRUSTEM TOWN OF SOUTHOLD TO: C�liQ2� PQY,Of�F 7 �• Please be advised that your application, dated I�e})toI has been reviewed by this Board, at the regular meeting of IX)M01 and the following action was taken: ( Application Approved (see below) (_) Application Denied (see below) (`) Application Tabled (see below) If your application is approved as noted 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 of rates as set forth in the instruction sheet. The following fee must be paid wi-hin 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: 81�� 150'oD (IN f i e 1 a TOTAL FEES DUE: $ SIGNED: PRESIDENT, BOARD OF TRUSTEES BY: QL(-LLn � J ERR, BOARD OF TRUSTEES F Albert J.Krupeki,President i Town Hall James King,Vice-President 53096 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda ~ Southold,New York 11971.0969 Peggy A.Dickerson Telephone(631)765-1892 Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit Number: 5590 Date: July 29 2002 Name of Applicant/Agent: Garrett Strang, Architect Name of Permince: Thomas& Cynthia Rosickt 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 24,2002 This permit is valid for a period of two years 5:om ale dates of issuance. SPECIAL CONDITIONS: ---Bluff restoration through are-vegetation agreement is a necessary-special condilior.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, Board of Trustees AJK:cjc r. Albert J.Krupski,President � Town Hall Jernes King,Vice-President QgtifFO(,�c� 53095 Route 26 P.O.Box 1179 Artie Foster a �~� . •� Southold,New York 119'i 1-0959 Ken a Peggy A.P.ickerson Telephone(63 1)765-1892 Fax(681)766-1366 of ,� Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 1, 2002 Mr. Garrett A. Strang 1230 Traveler St. Southold, NY 11971 RE: THOMAS & CYNTHIA ROSICKI 395 NORTH SEA DR., SOUTHOLD SCTMff54-4-8 Dear Mr. Strang: The Southold Town Board of Trustees reviewed the Site plan dated May 9, 2002 and determined the proposed additions to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code. However, any activity within 100' of a Welland line or:;aaward of the Coastal Erosion Hazard Line 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 Route 25 James King,ti P.O.P.O.Box 1179 Artie Foster � Southold,New York 11971-0969 Item Poliwoda Peggy A.Dickerson Telephone(631)765-1892 Fox(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 22.2002 Putricia C. ivtoore,Esq. 51020 Main Road Southold.NY 119"1 RE: FREDERICK VON ZUBEN 1125 North Sea Dr,Southold SCTM#54-4-13 Dear Ms.Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday,February 20,2002: 9 ESOLVED.ibat the Southold Town Board of Trustees APPROVE the Amendment to Coastal Erosion Permit 454-4-13 and 95344 for the renovation of the existing single-family dwelling, ncia6htg the placement of the house on pilings,construction of anew deck,replacement of the sanitary system,removal of sancrete walls along property lines and construction of a new grave: drivew--y,with the condition that the dune is rompletely restored and planted with beach grass and Rosa Rugoss. This is not a determination from=y other agency. If you have any questions,please call our office at(631)765-1892. Sincerely, Albert J.Krupski,Jr. President,Board of Trustees AJK ims FIRS 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,NY 11978 FIRST Phone:631-288-2271,Fax:631.288.8949 wwwfirstcoastal.net ��a Environmental Consulting and Construction. Permits to Construction.Preserving the coast since 1975 6 ))5k 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 Office Box 1212 Westhampton Beach,DIY 11978 FI IDS Phone:631-288-2271,Fax:631-288-8949 www.firstcoastal.net 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, at al conducted investigations and developed a Beach Utility Index (BUI) that was used to describe different segments of shoreline. The entire north shore of Long Island was divided into 158 segments. The project area is between segments 137 and 138. In Table 3-5 of the Davies report, both segments are found to have "No bluff or dune". This is derived by looking at the "Natural Protection Barriers" columns of Table 3-5 where a value of"6" is given for segments 137 and 138. Referring to Table 3-4 that defines each value, a "6" is defined as "No bluff or dune". Note also that in Table 3-4 there is a notation that if a dune exists seaward a bluff that a "d" is added to the number value. There is no "d" in the Natural Protection Barrier designation for either segment 137 or 138. First Coastal Corporation,Post Office Box 1212 Westhampton Beach,NY 11978 PI RST Phone:631-288-227 1, Fax:631-288-8949www.firstooestal.net /tOa Environmental Consulting and Construction. Permits to Construction.Preserving the coast since 1975 (-/ In conclusion, my review of aerial photographs, site conditions, and the literature show this section of shoreline to be dominated by 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. Sincerel Firs oa oration Aram V. Terchun n, M.Sc. President First Coastal Corporation,Post office Box 1212 Westhampton Beach,NY 11978 FIRST Phone:631-288.2271,Fax!631-288-8949 www.firstcoastal.net � Environmental Consulting and Construction. Permits to Construction.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 Experience • 1990 to Present, First Coastal Corporation - President Responsible for all aspects of the firms consulting and construction services for coastal property owners, municipalities, and associations. • 1999 to Present—Commissioner of Wildlife Protection —Village of West Hampton Dunes Appointed by the Village of West Hampton Dunes to perform duties ordered by U.S. Federal Court in Consent Judgment Rapf Et. X. 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 First Coastal Corporation,Post Office Box 1212 Westhampton Beach,NY 11978 }�' RS i I Phone:631-286-2271,Fax:631-288-8949 w .firstcoastal.nel Environmental Consulting and Construction. Permits to Construction.Preserving the coast since 1975 Education M. Sc. Marine Studies (Coastal Geology), University of Delaware, 1984. M. Sc. Thesis: Hen and Chickens Shoal, Delaware: Evolution of a 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. Marked, 1995, Little Pikes Inlet, Westhampton, New York, Journal of Coastal Research, V 11, n 3, pp 697-703. ' Psuty, N.P., P.A. Gares, M. Kearney, and A. Terchunian, 1992, Coastal Environments: A Field Symposium of the Mid-Atlantic Bight Coastal Zone. Guidebook, Center for Coastal and Environmental Studies, Institute of Marine and Coastal Sciences, Rutgers University, New Brunswick, NJ, 79 pp. Terchunian, A. V., 1990, Performance of Beachface Dewatering: The STABEACH System at Sailfish Point (Stuart), Florida, In Proceedings of the 1990 Conference on Beach Preservation Technology, St. Petersburg, FL. . Ball, Sally, F., P. R. Lanza, and A. V. Terchunian, 1989, Coastal Hazard Area Management in New York State, in Proceedings of Coastal Zone '89, Charleston, South Carolina, pp. 4749 -4760. First Coastal Corporation,Post Office Box 1212 Westhampton Beach,NY 11978 FIRST Phone:631-288-2271,Fax:631-288-8949www.ffr3tcoastal.net Environmental Consulting and Construction. Permits to Construction.Preserving the coast since 1975 (�v K�eQN •V[IrK pLl pO [ra HI 137-1J8 1.9L No 1J8-139 0.76 t • x 139 Yt-k' P N q � •v�f pO , ' s NORTH SOUTHOLD T +'u•f F`rr 1i26 137 Pig. 3-27. Central Southold Township. lON6 M ANO $060N0 ,16 e 25 — •� 20 21 24 s UTHOLD 22 23 i • D ,J RIVERHEAD ,,,� :•r} • 1 ...Kc ...ca>....S :SFFc" s'ii:': ..e.» :::v^qS:a: cs:�.r1C# i{'vcsn:•::s.'•i:3+ :8 ;oc;y':25Sf:;•8{:;Yscr":1.1s: f;.•:: '+,' '�"�, r b�. *x� "i.S'�:'' •Y, coo v ,$l.�':: .. �. o y. 4 S r '+. �' Ei� 'Incs%a�z:,�`:i�a.3�'r.':'�s::,:;.o�.�::;a�f�3:n2'�;•�D;r;^::.�«3�>'s.?a::o.#�'`iYe:^�", �?X�a:*v';2»:zF�.S�:a:." :.�s�s?s , IONS ISLAND SOUND May I Stott.. Mey ! Bcetime 29 30 2 6-17 17 96-O1 3 17-27 18 1OL-104 4 27-35 19 104-107 5 35-41 20 107-111 28 6 41- 21 111-11 7 4S-55 55 22 11 -1 8 - •1 8 55-39 23 318-12327 9 59-67 24 123-127 10 67-71 25 127-132 �••' 11 71-74 26 132-137 12 74-78 27 117-141 13 78-81 28 141-145 i �•+� i7 14 81-85 29 145-152 1, iMl LTfI�,.• /• 15 85-91 30 152-158 Table 3-5 BEACH UTILITY INDEX (con't.) Station Natural Shoreline Beach Porebeach Beckbeach Beach Number Protection Barriers Erosion/Accretion Width Grain Size Grain Size Access 126 3 4 127 2 3 128 6 1 4 5 5 3 129 5 7 6 5 5 3 130 3 4 131 3 4 132 3 3 6 7 6 2 133 3 4 134 4 5 135 6 1 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 3 141 6 1 6 5 5 2 142 4 1 143 4 2 144 3 4 145 3 2 146 4 2 147 4 3 5 5 6 3 148 5 1 149 6 2 6 4 4 7 150 5 2 5 6 5 5 Table 3-4. MEANIwO OF nEACE UTILITY IwDER BDIOERB FOR MACE CEARA@TMaBTIC Index Natural Protection shoreline Beach Foreebore Backabore Beach Number* Earriera+ (Elevation Erosion (E)/Aooretion (A) width Median Madian Access in Feat) (ft/yr) (ft) Grain size Grain Size (aw) (s) 1 Bluffs 150 > 0.4A > 150 < 2.0 < 2.0 Rntendve Parking 2 Bluffs 101-150 0.4h.OE 126-150 2.0-3.9 2.0-3.9 Limited Parking 3 Bluffs 51-100 0.1E.-0.5E 101-125 4-7.9 4-7.9 Public Road W Y 4 Bluffs 11-50 0.6E-1.0E 76-100 8-15.9 8-15.9 Restricted Governaamtal Road 5 Bluffs 10 1.1E-1.59 51-79 16-31.9 16-31.9 Private or Dune Road 6 No Bluff or Dona 1.6E-2.0E 26-50 32-63.9 32-63.9 walking Only 7 > 2.0E 1-25 > 64 > 64 6 No Beach eA "d" following an index number for natural protection barriara indicates the presence of a dune seaward of a bluff. D�,�aaeetatea, 9Ke. Ecological Consultants 40 Hitching Post Lane,Glen Cove,NY 1 1542 (516)676-7107 21 Mt.Ponds,Box 311,Wilmington,VT 05363 (02)464-3341 October 17,2007 Mr. Peter S. Danowski, Esq. 616 Roanoke Ave Riverhead,NY It901 Re: Robert flombara,Southold, coastal Zone permits Dear Peter: Dru Associates,]nc, has rc%icwed the proposed development by Ilombara,visited the site and consulted with other experts in developing our opinion concerning environmental protection at this site. Our findings lbilow, in which we reflect Db'.C's CUMA regulations(6NYCRR Part 505)in italics,in order to explain the potential impacts oil the enviromncnt from this proposal (our response to each item in normal type face): Background New York State developed the Coastal Erosion I lizard Area program to identify and protect from erosion all rueas of the State'%coastline that are subject to such impacts. "Activities, development or other action in erosion hazard areas should be undertaken to minimize damage to property, and prevent the exacerbation of erosion hazards. Some actions may be restricted or prohibited if necessary to protect natural protective features or to prevent or reduce erosion impacts." Morewver,the policy of the State i to discourage actions within the designated zones unless it can be shown that these actions include"...erosion protection or non-structural measures which are most likely to prevent damage from effects of erosion during the anticipated life of such proposed actions." The CGHA(Article 34 of the linvimnntemal Conservation Law)is intended to prevent and reduce erosion by preserving natural protective features through regulation of actions within or adjacent to the nearshore zone that could remove or reduce the effectiveness of these features. The Act requires the placement of new construction at sure distances from areas of active l i ebed 619665015 hE=Ei LOWLI 100 erosion,with the intent of keeping these facilities out of areas typically impacted by coastal storms. The Act establishes procedures for local program implementation and encourages administration of coastal erosion management programs by affected municipalities,such us Southold Township. However,since the intent of the Act is directly related to protection of shoreline structures, its protection of natural coastal features is not aimed at the features themselves,but at the function such features serve in protecting coastal resources. Hence, in establishing standards for the issuance of coastal erosion management permits, the law provides lire continued use of the Stute's Coastal zone,and outright prohibition of development was never the intent. In other State regulations,such as for tidal wetlands,the intent of the law was to protect file wetland resources for their own intrinsic ecological function(which functions are specifically listed in those Acts). lit the(ail IA program,the tunctioltal values of the natural features are expressly aimed at protecting structures against erosion,and where development can occur without threat of erosion of expansion of'the impacts,development can occur. Accordingly,permit issuance standards(ONYCRR fart 505)require that a proposed aclivily: n. is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location; d. will not be likely to cause a measurable increase in erosion at the proposed site or other locations; and e. prevents, if possible, or mihimizes adverse effects on. 'natural protective features and their functions and protective values as described in section 505.3, 'existing erosion protection structures; and 'natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. Site Specific Conditions at the Bambara property With respect to the defined functional benefits of the CL11A,the regulations list a wide array of natural features that offer varying amounts of protection to the shoreline from wind and water erosion(i.e.,beaches,blalls,dunes and nearshure areas including vegetated habitats). The regulations were designed to prevent activities that may"diminish or eliminate entirely"the protective function of the natural fatures. 2 Z obed 6196691.915 6E:Ef LOOVLT 100 The functions of different types of natural protective featrC9 are context-specific,so that issuance of a permit must consider the protective functions that"aperifte types o/natural prutr;clive_feulure.r provide", and the.relationship between each site's specifiq natural features and the local coastal Processes_ At the Bumbara site,the specific features that provide protection.tor this stretch of coastline are herein evaluated to show how the Conservation of their hinclions relate to the proposed residence: At the Bomhara site,the predoluinant land cover is bench to a point some 130 h ct inland of mean high water,and a 'back-beach' area which is covered with`beach ridges"and scrub-shrub habitat that has grown up over these slightly elevated sandy areas(see report by First Coastal Consultants describing the nombara site). According to DEC, "Beaches buffer shorelands from erosion by nbsurbing wove energy that otherwise would he expanded on the tags uf btuff s or dunes." While the project site beach provides for absorption of wave energy,there are no dunes or bluffs within reach of the shoreline at this site,and recent evidence iadicatos that the inshore area(where the Hombara hone is I)wPuscd)has not been topographically altered by strums(a• many years. The homesite area is relatively level,except for the `sand ridges',so that there arc no dunes or bluffs within this CEHA cone that are subject to washout. '111crcfore,the lot would not be subject to the loss of its erosion protection function if it is developed for residential use, provided the homesite is established using the same topography that is now present at the site. DEC also notes that"8eache.s also act as a resenoir of sand or utb(,r unconsolideded material ,for longshore littoral transport and uJJshure sandbar and shoal Jarmation." At the titmrhara site, the topography of the main bcachfront is sufficiently separated and slightly elevated from the proposed devulopment area by a rise in elevations to a slope facing the Water,so it is not often that littoral transport delivers material inland on this site. Nevertheless,accretion of sand along this coastal area over recent decades has evidently occurred,judging by the`sand ridges', which are raised sand mounds that are well vegetated with shrubs and grasses. Within the development area,these champs of savb-shrub habitat are acting le stabilize the sands effected by wind,and the persistence of these'sand ridges' is evident From the age and density of the vegetation upon them.,A homesite can be developed without disturbing must of the vegetation (i,e.,the natural features protecting;the area from erasion impacts),and supplemental plantings of haccharis and bayberry can be added to enhance the vegetative conponenl of erosion protection on the developed lot,and seuward of the house to further support the rear of the beachlrom. 3 � abed 6196651.919 6E:f1 LOOZ'L1 100 Permit Issuance Standards The CFI IA provides regulatory standards aimed at protecting shoreline structures from storm-related damage. Some specific guidance is provided fur the type of habitat in which dic Bombara property is located: For a project such as the Bombara proposal, located inland of a beach area. the following requirements apply to regulated activities on and near beaches: (1)Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited. The dovelopment of this residence will be dune in such a mamneT as to avoid significant re-grading of any of the areas currently buffering the homesite from erosion impacts. (2)All development is prohibited on beaches unless specifically allowed by this subdivision. This project therefore requires a permit under the CL•HA program. (3) The normal maintenance of structures may be undertaken without a coastal erosion management permit. Currently,there is a homesite adjacent to the Bombura site which is routinely maintained in similar habitat,and at which there are no signs of loss of erosion protection attributable to the presence of the homesite. (4) The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit. Not applicable. (5) Nonma)or additions to existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.Not applicable. (6) The following restrictions apply to the use of motor vehicles on beaches: Not applicable. (1)A coastal erosion management permit for deposition of matsdal on beaches will be issued only for expansion or stabilization of beaches, clean sand, or gravel of an equivalent or slightly larger grain size, must be used. The preparation of the Bumbara homesite will be conducted using only clean ,and and gravel that porntiis ready percolation of stormwater, 4 y e6ed 61906GL919 SE:EL LOOZ'Li 130 (8)Beach grooming or clean-up operations do not require a coastal erosion management permit. Not applicable. (9)A coastal erosion management permit is required for new construction, modification or restoration of docks, piers, wharves, boardwalks, groins,jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach noutishment A permit has been requested for Bombara. (10)Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by the department. 'the site in question is not considered a hird breeding habitat. Conclusion Accordingly,the Bombara proposal complies with tic permit issuance standards required for a CEHA permit(6N YCRR part 505),in that the proposed activity: a is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location;The landowner has no other property in the Town at which they can abide. e will not be likely to cause a measurable increase in erosion at the proposed site or other locations; and The site does not contain a physiography that is subject to erosion since there is evidence of recent accretion of sand and the sand ridges demonstrate stability,and the neighbor's homesite on similar around does show evidence for erosion impacts, f prevents, it possible, or minimizes adverse effects on: 'natural protective features and their functions and protective values as described in section 505.3,The natural protective features, beach and sand ridges, are stable and their protective functions will not be altered by the proposed development. `existing erosion protection structures, and No structures exist now. 'natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds. The site does not support significant fish and wildlife,nor is it a host site fro shoreline bird breeding or any other threatened or endangered species. 5 �a t 6L9665L9I5 6E:I:L LOOZ'LI 100 Finally,it is the opinion of I ru Associates that the issuance of a permit fix development of the Bomham lot is compatible with both CEHA and'I'Idal Wetlands protection,since the resources protected by either of these programs will remain unnhered by the proposed home. Please feel free to contact us if we can provide further information. Sincerely,n D Dr. R.W.Abrams,CEP 6 9 abed 619669019 9C:Ei LOU'Ll 100 17,2007 19:50 5167594619 page 1 Daunt�¢oesetaitea, are. Ecological Consultants 40 Hitching Post lane,Glen Cove,NY 115,12 (516)676-7107 21 Mt.Ponds,Box 311,Wilmington,VT 05363 (802)464.3341 Curriculum Vitae Dr.Ronald W.Abrams,CEP Personal: Current address: Bum: 7-2-59 40 hitching Post La New York,N.Y. Glen Cave,NY 11542 Married,2 childryn Education: Ph.D. Ecology,University of Cape Town,Zoology Department, Rnndehnsch, RSA. 1985. M.S. Biology, West Virginia University,Biology Department, Morgantown, W.VA, 1079. B.Sc.Zoology,University of Cape Town,Zoology Department, Roadebosch,RSA. 1476. D.A. Politics and History, Washington and Lee University, Lexington,Va. 1972. Qualltications: Certified Environmental Professional (CEP), 1994 National Association of Egvironmental Professionals;Academy of Board Certified Environmental Professiunals,Washington,D.C. Qualified Superfund Expert Witness,Federal District Court,Suffolk County, NY, 199� Licensed for Endangered Species Collection/Research: 2000 Connecticut 1995 New York Stine 1980 Antarctica,sub-Antarctic Islantl[s 1979 Botswana, Southern Africa 1977 US Virgin Islands 1976 South Africa Certified SCUBA Assistant Instructor, 1977, YMCA Underwater Program i ,T-17,2007 14:50 5167594619 page 2 Dr.R.W.Abrams,CEP(coat) Employment:(since 1980,further data on request) October 1"6 to present: long Island University, C.W. Post Biology Department; djunct Associate Professor teaching Environmental Science and Ecological Modcliig and supervising graduate students. i July 1986 to present: Dru Associates, Inc., Principal Ecologist, consulting in -ictlands (freshwater and tidal), coastal zones, cndangcrod species and ecological habitat prnitection, and environmental regulation/management for private and public sectors. May 1985 to May 1986: N.Y.S. Department of Environmental Conservation, Regional Supervisor, Division of Dish and Wildlife. Supervised biological and regulalogy stall; provided technical guidance for policy-making involving tidal and freshwater wetlands, including urban water- front renewal, groundwater protection, conservation educatiori,public liaison and species management. April 19N to April 1985: Percy Fitzpatrick institute of African Ornithology, University of Cape Town. Senior Research Officer in marine and coastal community ecology; supervised graduate students; Administered opergtions of Antarulic Program Research Grant �(5 field scientists,5 Field techs,4 lab and computer techs). Prefessiunal Distinctions and Appointments: Society for Conservation Biology,Local Organizing Counnitux 2007 Annual Conference, Port Elizabeth,South Africu Society for Conservation Biology,Board of Govemors Africa section representative,200$- Africa Section Board, Financial Officer, Society for Conservation Biology,2004- Certification Review Board,Member, 1995-present, Academy of Board Certified Environmental Professionals, Wash.,D.C. National Registry of Wutland Professionals, 1994, Institutc for Wetland Policy and Science, Association of State Wetland Managers Who's Who Environmental Register, 1992 Who's Who in Rising Young Americans, 1992 Nassau County Recycling Board, Appointee I'ur City of Glen Cove. 1990-2002 Co-Chairman,City of Glen Cove Environmental Conservation Advisory Council, 1988-1R92 Mayces Task Force on the linvirunment,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 2oo8 N / NOMS AREA• I4A14 50.FT. ��C�Q' / ,} • vOR"•• VAT .Y6.V.DAI MeL.I1W W /W u �J • as an neu.AYce ivie F.va.weew �T f xaxoe.s wr oArm w.r w«} / r -a log 4/ \ may/ '4. •B •,II 1f� Y • r rH TEST HOLE h'�''Y� p/ Q •b}" /w YV,«YW}YYYi�M1 � W,}AII't• N I� •O Yti.1 00 ` Y M i _ � _ M'w •w 1� nn '0 w yI \MA•Y `�� MYY}Y.Y WY •Y M / Prepared by: Prepared for: Applied Coastal Research and Engineering Law Offices of Peter S. Danowski 766 Falmouth Road,Mashpee,MA 616 Roanoke Avenue,Riverhead,NY Historical Shoreline Position Change at and Adjacent to the Bombara Property: 1725 North Sea Drive, Southold,New York The Bombara Property at 1725 North Sea Drive, Southold, NY, is located approximately 3,5o0 feet south-southwest of Horton Point, or about 700 feet southwest of Horton Lane Beach (Figure 1). The property abuts a single-family dwelling to the south and undeveloped land to the north. According to the Town of Southold Tax Maps,the seaward edge of the property is located at the base of what appears to be the primary dune line illustrated on the 2007 imagery. Mr. Bombara has requested a permit to construct a single-family dwelling on the landwardmost 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'. &AE 0 2W 5W 1AW 1.600 Figure 1. Map illustrating location of Bombara Property relative to Horton Point and Horton Lane Beach on the 2007 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 1884 and 2007 for the beach at and adjacent to the Bombara Property. As reference, each figure illustrating shoreline change contains property bounds from the Southold Tax Maps for 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 2 encompasses the first 80 years of historical shoreline position change for the beach fronting the Bombara Property. The original mapped shoreline existed about 150 feet seaward of the 1964 shoreline and about Zoo feet seaward of the 1933 shoreline. Historical storm records indicate that a nor'easter passed this area in January 1933, 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 12o-year period of record — all other mapped shorelines resided seaward of the property extent. Figure 3 documents shoreline position changes mapped between 1964 and 1980. Seaward of the Bombara Property, net change was close to zero. However, mapped shorelines during this 16- year period fluctuated about 30 feet. The i98o shoreline existed about 35 feet seaward of the Bombara Property. Figure 4 illustrates changes recorded between i98o and 2004. Net shoreline recession is indicated, however, the 2007 imagery indicates position of the modern high-water shoreline to be near the location of the 198o shoreline. Although relatively little net change was recorded between 198o and 2007, variability in shoreline position for this 24-year period was again about 30 feet. As such, overall net shoreline change between 1964 and 2007 was about zero,indicating net stability for this 43-year period. Figure 5 documents shoreline position change between 198o and 2004 relative to the 2004 orthoimagery. The purpose of this figure is to illustrate major changes that occurred to the single family dwelling that occupied the lot just south of the Horton Lane Beach parking area. The house just south of this lot also illustrates changes permitted by the Town and completed between 2004 and 2007. 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 1955 has been approximately zero. This does not mean the shoreline did not moved during this time. However, it does suggest that regardless of variation in shoreline movement during this 52-year period, net shoreline location is generally unchanged. Furthermore, the variability in shoreline position recorded for this period does not encroach upon the footprint of the Bombara property, indicating that the Bombara Property is outside the 50-year wave impact zone. 2 tt . n —1694 High-Water Shoreline 1933 High-Water Shoreline —1956 High-Water Shoreline 1 ' 1964 High-Water Shoreline r t v' ,� ❑Bombers Property C [—]Adjacent Property Boundaries + �M -•Proposed Construction Extent 0 so 100 200 300 Feet Figure 2. Historical shoreline locations at and adjacent to the Bombara Property,1884 to 1964, overlaying 2007 orthoimagery. The seaward extent of proposed construction is approximately 75 feet landward of the 1933 shoreline. 3 �.y r .X a J —1994 High-Water Shoreline —1969 HIghMater Shoreline —1976 High-Watar Shoreline t ` —1980 High-Water Shoreline Bombers Property ❑Adjacent Property Boundaries M .- Proposed Construction Extent 0 50 100 200 300 .. Feet Figure 3. Historical shoreline locations at and adjacent to the Bombara Property, 1964 to 198o, overlaying 2007 orthoimagery. The seaward extent of proposed construction is approximately 135 feet landward of the 198o shoreline,indicating net beach accretion between 1933 and 1980. 4 •r n ='r r'd-7f- J fS 4 � , n q —1980 Hlgh-Water ShorNIM 7'�' " —1993 High-We1ar Shoreline —1999 HlghMater Shoraiin9 2004HIgh-Water Shoreline ! 41 �,. ❑Bombers Properly []Adjacent Property Boundaries e► -•Proposed Construction Extent 0 50 100 200 300 W•' Figure 4. Historical shoreline locations at and adjacent to the Bombara Property,1980 to 2004, overlaying 2007 orthoimagery. The seaward extent of proposed construction is approximately too feet landward of the landwardmost shoreline(1998),indicating variable beach change for this 24-year period. 5 S F" —1980 High-Water Shoreline —1993 High-Water Shoreline —1998 High-Water Shoreline —2004 High-Water Shoreline ❑Bombers Property ,rt ❑Adjacent Property Boundaries r' > --•Proposed Construction Extant 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. i dgu r Ur EVA ;. J' Home I Company I P COASTAL ENyIN�F�RIt'IS+ DESIGN AREA$QEEXPURTIEE • Coastal and nearshore sedimenttranspoi • Processes affecting land loss in coastal a CoasTAIL CNnNGE • Offshore sand resource evaluations AssEssM919 . Impact of coastal structures on shoreline 13 • Numerical modeling of wave transformat Mark R.Byrnes,Ph.D. • GIS/mapping applications for coastal env Senior Coastal Scientist a Geologic framework of coastal deposits HYDRODYNAMIC&WATgR_ andPdndpal • Coastal change analyses _QUALITYMODELING Resume'fpdf) I Publications Education WAVE&SEDIMENT 1988 Ph.D.,Oceanography,Old Dominion University TRANSPORT MODELING 1978 B.A., Earth Science, Millersville University Dr. Byrnes Is a Senior Coastal Scientist and Principal at Applied Coastal Research and E 17 years,he has been a Principal Investigator/Program Manager on more than 55 coas ONuNe INFORMATION Scientist at the U.S. Army Engineer Research and Development Center,Coastal and Hy MANAGEMENT Engineering Research Center);Coastal Geology Section Chief for the Louisiana Geology — Studies Institute, Louisiana State University; and Senior Coastal Scientist at Aubrey Cot for most studies was on regional coastal erosion and geomorphic change analyses(shc transformation and sediment transport,offshore sand resource assessments,sediment strategies,wetland loss delineation and classification,and geologic framework. He has COASTAL areas of Interest. MEASUREMENTS Over the past SO years, Dr. Byrnes has been responsible for managing and conducting sedimentation processes and regional response of beaches, Inlets, and estuaries to Ind Include Inlet Sediment Transport Patterns at Grays Harbor,WA and Development of an Bypassing at Structured Entrances and Geomorphic Change Modeling; Rockefeller Refu ENVIROyMENTAL IMPAu and Processes Analyses; Environmental Survey of Identified Sand Resource Sites Offsh _A.g€SSMENI 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 Barrier Shoreline Restoration in Coastal Louisiana-Coastal Geology,Geomorphology,an Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nou Pipeline Construction and Operation for the Mardi Gras Pipeline,Barataria Basin, LoUSL Beach to Fort Pierce Inlet,Florida; Regional Analysis of Sediment Transport and Dredge Mouth,Washington/Oregon,and Adjacent Shores; Inlets Online: A Tutorial of Interpret Sediment Transport Patterns and Geomorphic Change at Entrances;Geographic Inforri Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture, Anah Environmental Impacts of Offshore Sand Mining in Massachusetts Bay,and Coastal Chi GIS/mapping tools and numerical modeling are Integral components of the strategy u& knowledge compilation and analysis techniques farm the basis for providing Innovative environmental issues. Coastal Chance Assessment Since 1990, Dr. Byrnes has contracted with Federal agencies such as the Federe Army Corps of Engineers(USACE),and U.S. Geological Survey(USGS)to develop state http://www.appliedcoastal.com/mark.htin 5/17/2008 Applied Coastal Research and Engineering, Inc. ubu ui ' historical hydrographic and shoreline surveys for quantifying change in the coastal zone compiling historical map data,where conversion from various cartographic parameters projection, ellipsoid,and datum are critical for accurately assessing change and assod These data represent the most basic and useful information for evaluating local and re! influence on coastal evolution. FEMA uses these data for determining setback criteria I data for calibrating numerical shoreline change models and for developing coastal strur used to quantify channel shoaling rates and supply bathymetric data for developing rec numerical modeling grids. The USGS and MMS use hydrographic and shoreline survey! sediment transport dynamics in the coastal zone. Dr. Byrnes also has applied these ter the Impact pipelines have on wetland loss,including scour associated with pipeline lanc has applied these procedures for developing coastal change data sets in support of litic witness. Channel and_Shoal„_ namics at Inlets For the past decade, Dr. Byrnes has compiled and analyzed site-specific and regi evolution of channels and shoals at engineered entrances relative to navigation safety, funded under the USACE Inlets Research Program to address shoal migration and sedii environmental considerations associated with maintenance dredging activities. Becaus were determined by comparing sequential bathymetric and shoreline surveys, detailed analyzing data sets and associated potential measurement uncertainties. Net sedimeni inlet sediment budgets for predicting long-term system response to engineering activiti 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 issues concemin geographic extent of these studies ranges from coastal Louisiana to offshore Massachu physical environmental effects of dredging activities In altering fluid and sediment trarx along shorelines landward of resource areas. Analyses rely on comparison of NOAA hi numerical modeling of wave transformation over variable bathymetry. Analysis results potential dredging effects and for development of Impact reports required under the Ni potential lease agreements. ImpactofgoastaL$tructurg§on Shorpll a mange Since 1984, Dr. Byrnes has evaluated the impact of coastal structures on sedimr throughout the U.S. He has been principal Investigator on several studies assessing th structures on beach response, Including an evaluation of beach change to construction southwestern Louisiana and an assessment of downdrift beach evolution in response tt 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 compilation evaluating the physical environmental impacts of offshore sand dredging and beach rel nearshore sediment transport patterns for the U.S. Mineral Management Service. Geologic FrameworkEyaluation In a number of regional projects, Dr. Byrnes has conducted studies on the geolr 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 the U.S. Geological Surve Professional Societies • Coastal Education and Research Foundation(CERF) • American Geophysical Union(AGU) http://www.appliedcoastal,com/mark.htm 5/17/2008 Applied Coastal Research and Engineering, Inc. t age j of .3 r, • Society for Sedimentary Geology(SEPM) 7 .�y 1, • Geological Society of America(GSA) • Sigma XI -The Scientific Research Society • Phi Kappa Phi Professional Committees • Editorial Board, Geo-Marine Letters, 1993-present • Editorial Board, Marine Models Online, 1996-1999 • Associate Editor,Gulf of Mexico Science, 1996-1999 • Gulf Coast Section SEPM Editor for Gulf Coast Association Geological Societies C • Technical Study Advisor for Coastal Wetland Planning, Protection, and Restor. Study, Louisiana Department of Natural Resources,October 1994 to March 199 • Public Policy Committee, Southeast GSA, 1991-1994 • Workshop on the Future Needs of Users for Nautical Information, Working Marine GIS, National Research Council, 1993 ,t!'t ' !+.1 \iiC!/t� !"1rt/\/1llili�,n./ f\!\,11/1�/i,{\ilf"1/1{illi\t1.�•'111/V\ ;\!'till\/� If you have questions regarding this site,please contact the Webmast http://www.appliedcoastal.com/mark.htm 5/17/2008 Mark R. Byrnes, Ph.D. Principal Coastal Scientist Applied Coastal Research and Engineering, Inc. Areas of Expertise • Coastal change assessment • Coastal and nearshore sediment transport • Processes affecting land loss In coastal and estuarine environments • Offshore sand resource evaluations • Physical environmental impact assessments for coastal environments • Impact of coastal structures on shoreline response • GIS/mapping for coastal environments • Numerical modeling of wave transformation and shoreline change Education 1988 Ph.D., Oceanography, Old Dominion University 1978 B.A., Earth Science, Millersville University Experience Dr.Byrnes is a Principal Coastal Scientist at Applied Coastal Research and Engineering, Inc. (Applied Coastaq.Forthe past 20 years,he has been a Principal Investigator/Program 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 (formerly the Coastal Engineering Research Center);Coastal Geology Section Chief forthe Louisiana Geological Survey; Research Professor at the Coastal Studies Institute, Louisiana State University; Senior Coastal Scientist at Aubrey Consulting, Inc.; and Principal Coastal Scientist at Applied Coastal. The emphasis for most studies has been on regional coastal change and geomorphic evolution of nearshore sedimentary deposits(shoreline and bathymetric change),physical environmental Impact assessments for coastal and estuarine environments,wave transformation and sediment transport, offshore sand resource assessments,sediment budget evaluations,shoreline restoration strategies, wetland loss delineation and classification, and geologic framework of coastal deposits. He has authored more than 90 publications in these research areas. Over the past 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 Main Pass, Mobile Bay Entrance, Alabama; Quantifying Regional Sediment Dynamics in Nearshore Environments: Historical Sediment Pathways, Lateral Inlet and Island Migration, and Detailed Sediment Budgets; Environmental Survey of Identified Sand Resource Sites Offshore Alabama,Central East Florida, North Carolina, New Jersey, and New York; Study of the Environmental Impacts of Offshore Sand Mining In Massachusetts Bay;Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Pipeline, Barataria Basin, Louisiana; Rockefeller Refuge Gulf Shoreline Stabilization: Coastal Geology and Processes Analyses; Assessment of Beach Response to a Segmented Breakwater System: Southwest Louisiana Coast; Sediment Budget Evaluation Using Historical Shoreline and Beach Profile Data:Western Town Line to Horton Point,Southold,NY;Feasibility of Barrier Shoreline Restoration in Coastal Louisiana-Coastal Geology,Geomorphology,and Physical Processes;Coastal Change Assessment for Breverd County,FL;Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment; Shoreline Change Assessment: Satellite Beach to Fort Pierce Inlet, Florida; Sediment Bypassing at 11/17/2006 Mark R.Bymes 1 of 19 Structured Entrances and Geomorphic Change Modeling; Inlet Sediment Transport Patterns at Grays Harbor, WA and Development of an Entrance Sediment Budget; Regional Analysis of Sediment Transport and Dredged Material Disposal Patterns, Columbia River Mouth, Washington/Oregon, and Adjacent Shores; Inlets Online: A Tutorial of Interpreting Aerial Photography for the Analysis of Sediment Transport Paltems and Geomorphic Change at Entrances;and Geographic Information System Development for Evaluating Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture, Analysis, and Management. GIS/mapping tools and numerical modeling are Integral components of the strategy used to address project objectives. State-of-knowledge compilation and analysis techniques form the basis for providing innovative strategies for addressing complex coastal environmental issues. Coastal Chance Assessment Since 1990,Dr.Byrnes has contracted 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 and analyzing historical hydrographic and shoreline surveys for quantifying change in the coastal zone. Detailed procedures were developed for compiling historical map data, where conversion from various cartographic parameters to a common coordinate system,map projection,ellipsoid,and datum are critical for accurately assessing change and associated potential measurement uncertainties. These data represent the most basic and useful Information for evaluating local and regional sediment transport dynamics and their influence on coastal evolution. The USGS and MMS use hydrographic and shoreline surveys for basic and applied scientific research on sediment transport dynamics in the coastal zone. USACE uses shoreline data for calibrating numerical shoreline change models and for developing coastal structure design criteria. FEMA uses these data for determining setback criteria for coastal construction. Hydrographic surveys are used to quantify channel shoaling rates and supply bathymetric data for developing regional circulation and sediment transport numerical modeling grids. Dr. Byrnes also has applied these techniques in wetland environments for evaluating the Impact pipelines have on wetland loss, Including scour associated with pipeline landfall from offshore sites. Recently, Dr. Byrnes has applied these procedures for developing coastal change data sets in support of litigation,forwhich he has served as an expert witness. Offshore Sand Resource Evaluations Over the past 16 years, Dr. Byrnes has conducted offshore sand resource evaluations for determining the sedimentary characteristics of deposits and the associated potential environmental Issues concerning sand mining on the Continental Shelf. The geographic extent of these studies ranges from coastal Louisiana to offshore Massachusetts. Dr.Byrnes'primary interest is with the geological development of offshore shoals and the physical environmental effects of dredging activities in altering fluid and sediment transport patterns at potential borrow sites and along shorelines landward of resource areas. Analyses rely on comparison of NOAA historical bathymetry and shoreline data sets and numerical modeling of wave transformation over variable bathymetry. Analysis 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. Byrnes has compiled and analyzed site-specific and regional bathymetric surveys to document the evolution of channels and shoals at entrances relative to navigation safely and environmental concerns. Many studies were funded under the USACE Inlets Research Program to address shoal migration and sedimentation processes in navigation channels and environmental considerations associated with maintenance dredging activities. Because 11/17/2006 Mark R.Byrnes 2 of 19 sedimentation patterns and rates of change were determined by comparing sequential bathymetric and shoreline surveys,detailed procedures were developed for compiling and analyzing data sets and associated potential measurement uncertainties. Net sediment volume changes were quantified to develop inlet sediment budgets for predicting long-term system response to engineering activities. Impact of Coastal Structures on Shoreline Change Since 1984,Dr.Byrnes has evaluated the impact of coastal structures on sediment transport dynamics and coastal evolution throughout the U.S. He has been principal investigator on several studies assessing the influence of navigation and shore protection structures on beach response, including an evaluation of beach change to construction of 85 segmented breakwaters offshore southwestern Louisiana and an assessment of downdrift beach evolution in response to jetty construction at St.Marys Entrance,GA/FL;Grays Harbor and Columbia River,WA;Port Canaveral and Sebastian Inlet,FL;and Matlituck and Goldsmith Inlets,Southold,NY. All projects relied on the application of GIS/mapping tools for accurate compilation and analysis of data sets. Presently,he is evaluating the physical environmental Impacts of offshore sand dredging and beach replenishment (soft structure) on coastal and nearshore sediment transport patterns for the U.S. Mineral Management Service. Geologic 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 erosion trends. Dr.Byrnes has conducted most of these studies with the U.S.Geological Survey and the U.S. Army Corps of Engineers. Professional Societies • Coastal Education and Research Foundation (CERF) • American Geophysical Union(AGU) • Society for Sedimentary Geology (SEPM) • Geological Society of America (GSA) • Sigma Xi- The Scientific Research Society • Phi Kappa Phi Professional Committees • Editorial Board, Geo-Madne Letters, 1993-2004 • Editorial Board, Marine Models Online, 1996-1999 • Associate Editor, Gulf of Mexico Science, 1996-1999 • Gulf Coast Section SEPM Editor for Gulf Coast Association Geological Societies Conference, 1995 • Technical Study Advisor for Coastal Wetland Planning, Protection, and Restoration Act (CWPPRA):Louisiana Barrier Shoreline Study,Louisiana 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 11/17/2006 Mark R.8ymes 3 o1 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):6-24. Byrnes,M.R.,R.M.Hammer,and T.D.Thibaut,2004. Effects of sand mining on physical processes and biological communities offshore New Jersey. Journal of Coastal Research, 20(1):25-43. Kelley,S.W.,J.S.Ramsey,and M.R.Byrnes,2004. Evaluating the physical effects of offshore sand dredging for beach nourishment.Journal of Coastal Research,20(1): 89-100. Drucker,B.S.,W.Waskes,and M.R.Byrnes,2004. The U.S.Minerals Management Service Outer Continental Shelf Sand and Gravel Program:environmental studies to assess the potential effects of offshore dredging operations in Federal waters.Journal of Coastal Research,20(1): 1-5. Byrnes, M.R., M. Crowell, and C. Fowler, 2003. Preface. In: Byrnes, M.R., M. Crowell, and C. Fowler (editors), Shoreline Mapping and Change Analysis: Technical Considerations and Management Implications. Journal of Coastal Research, Special Issue 38, pp. 1-4. Taylor,M.J.,R.A.McBride,L.C.Anderson,and M.R.Byrnes,2002. Building on the research of our founders: 65 years of chenler plain studies at Louisiana State University. In: M.K. Steinberg and P.F. Hudson (editors), Cultural and Physical Expositions: Geographic Studies in the Southern United Slates and Latin America. Geoscience and Man Series, Volume 36, Louisiana State University Press, Baton Rouge, LA, pp. 261-276. Byrnes, M.R. and N.C. Kraus, 1999. Regional sediment transport patterns adjacent to Canaveral Harbor, Florida. In: N.C. Kraus and W.G. McDougal (editors), Coastal Sediments'99,American Society of Civil Engineers, New York, NY, pp. 750-760. Underwood,S.G., R.Chen, G.W.Stone,X.Zhang,M.R.Byrnes,and R.A.McBride, 1999. Beach response to a segmented breakwater system, southwest Louisiana, U.S.A. In: N.C. Kraus and W.G.McDougal(editors),Coastal 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 In time-averaged Molluscan assemblages, Louisiana Chenler Plain. Palaios, 13:488-499. McBride, R.A.and M.R.Byrnes, 1997. Regional variations in shore response along barrier Island systems of the Mississippi River delta: historical change and future prediction. Journal of Coastal Research, 13(3): 62M55. Anderson, L.C., B.K. San Gupta, R.A. McBride, and M.R. Byrnes, 1997. Reduced seasonality of Holocene climate and pervasive mbdng of Holocene marine section: northeastern Gulf of Mexico shelf. Geology,25(2): 127-130. Byrnes,M.R. and M.W. Hiland, 1995. Large-scale sediment transport patterns on the continental shelf and influence on shoreline response: St.Andrew Sound,Georgia to Nassau Sound,Florida, U.S.A. In:J.H.List and J.H.J.Terwindt(editors), Large-Scale Coastal Behavior. Marine Geology, 126: 19-43. McBride,R.A.,M.R. Byrnes,and M.W.Hiland, 1995. Geomorphic response-type model for barrier coastlines: a regional perspective. In:J.H.List and J.H.J.Terwindl(editors),Large-Scale Coastal Behavior. Marine Geology, 126: 143-159. Byrnes, M.R., R.A. McBride, Q.Tao, and L.Duvic, 1995. Historical shoreline dynamics along the Chenier Plain of southwestern Louisiana. Gulf Coast Association Geological Societies Transactions,45: 113-122. 11117/2006 Mark R.Byrnes 4 of 19 Anderson, L.C., M.R. Byrnes, and R.A. McBride, 1996. Paleoenvironmental and taphonomic evidence of diverse bioclast sources for southwester Louisiana Cheniers. Gulf Coast Association Geological Societies Transactions, 45: 21-30. McBride, R.A. and M.R. Byrnes, 1995, SurIIclal sediments and morphology of the southwestern Alabama/Florida Panhandle shelf. Gulf Coast Association Geological Societies Transactions,45: 393-404. McBride, R.A. and M.R. Byrnes, 1995. A megascale systems approach for shoreline change analysis and coastal management along the northern Gulf of Mexico. Gulf Coast Association Geological Societies Transactions, 45: 405-414 (2nd Place, Best Paper Award, GCS-SEPM). Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1995. Sediment texture and composition changes along the southwest Louisiana coast: implications to sediment supply. Gulf Coast Association Geological Societies Transactions, 45: 557-564. Zenero, R.R., D.L. 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 Transactions, 45: 611-620 (1st Place, Best Paper Award, GCAGS). Byrnes, M.R. and M.W. Hiland, 1994. Shoreline position and nearshore bathymetric change (Chapter 3). In: N.C. Kraus,L.T.Gorman,and J. Pope(editors),Kings Bay Coastal and Estuarine Monitoring and Evaluation Program: Coastal Studies. Technical Report CERC-94-09, Coastal Engineering Research Center, Vicksburg, MS, p. 61-143. Byrnes, M.R.and M.W.Hiland, 1994. Compilation and analysis of shoreline and bathymetry data (Appendix B). In:N.C.Kraus,L.T.Gorman,and J.Pope(editors),Kings Bay Coastal and Estuarine Monitoring and Evaluation Program: Coastal Studies. Technical Report CERC-94-09, Coastal Engineering Research Center,Vicksburg, MS, p. 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-94-09,Coastal Engineering Research Center,Vicksburg,MS,p.261-268. Byrnes, M.R. and M.W. Hiland, 1993. Regional seafloor changes near St. Marys Entrance, Georgia/Florida and their influence on shoreline response. In: List, J.H. (editor), Large-Scale Coastal Behavior'93,Research Conference Proceedings,U.S.Geological Survey Open File Report 93-381, p. 17-20. McBride, R.A. and M.R. Byrnes, 1993. Shoreline response types along barrier coastlines: a regional perspective. In: List, J.H. (editor), Large-Scale Coastal Behavior '93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 119-122. Stauble, D.K., S.G. Underwood, M.R. Byrnes, and M.W. Hiland, 1993. Regional impacts of inlet engineering and beach replenishment at Fenwick and Assateague Islands,Maryland. In:List,J.H. (editor), Large-Scale Coastal Behavior'93, Research Conference Proceedings, U.S. Geological Survey Open File Report 93-381, p. 185-188. Byrnes, M.R., R.A. McBride, S. Penland, M.W. Hiland, and K.A. Westphal, 1991. Historical changes in shoreline position along the Mississippi Sound barrier Islands. In: Coastal Depositional Systems in the Gulf of Mexico:quaternary Framework and Environmental Issues,GCS-SEPM 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. Offshore sand resources for coastal erosion In Louisiana: physical environmental considerations and economic feasibility. MTS'91 Proceedings,Marine Technology Society,Washington,D.C.,pp. 765-761. 1111712006 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. Kriebel (editors), Coastal Sediments'91,American Society of Civil Engineers, New York, NY, pp. 1027-1042. Anders,F.J.and M.R.Byrnes, 1991. Accuracy of shoreline change rates as determined from maps and aerial photographs. Shore and Beach, 59(1): 17-26. Hansen,M.and M.R.Byrnes, 1991. Development of optimum beach fill design cross section. In: N.C.Kraus, K.J.Gingerich,and D.L.Kriebel(editors),Coastal Sediments'91,American Society of Civil Engineers, New York, NY, pp.2067-2080. McBride,R.A.,M.R. Byrnes,S.Penland,D.L.Pope,and J.L.Kindinger, 1991. Geomorphic history, geologic framework,and hard mineral resources of the Petit 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.Sallenger,Jr., 1991. Mapping barrier Island changes in Louisiana:Techniques,Accuracy,and Results. In: N.C. Kraus, K.J. Gingerich, and D.L. Kriebel (editors), Coastal Sediments '91, American Society of Civil Engineers, New York, NY, pp. 1011-1026. McBride,R.A.,D.W.Davis,F.W.Jones,M.R.Byrnes,D.Braud,M.W.Hiland,A.J. Lewis,and H.R. Strelffer, 1991, Louisiana Coastal Geographic Information System Network(LCGISN): access to spatial data. Meridian,6:29-43. Byrnes,M.R.and K.J.Gingerich, 1987. Cross-Island profile response to Hurricane Gloria. In:N.C. Kraus(editor),Coastal Sediments'87,American Society of Civil Engineers,New York,NY,p. 1486- 1502. Books and Edited Volumes Byrnes, M.R., M. Crowell, and C. Fowler, 2003. Shoreline Mapping and Change Analysis: Technical Considerations and Management Implications. Journal of Coastal Research, Special Issue 38,215 p. John,C.J.and M.R.Byrnes, 1995. Gulf Coast Association of Geological Societies Transactions, Gulf Coast Geology: A Global Resource. GCAGS 45th Annual Convention,Baton Rouge,LA, 648 p. Technical Reports Byrnes, M.R., 2006. Processes Affecting Wetland Change In the Calcasieu-Sabine Basin with Special Reference to Dord 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 Events Affecting Wetland Change in Terrebonne Parish with Special Reference to Harry Bourg Corporation Property. Supplemental Expert Report to Frilot, Partridge, Kohnke&Clements, LC,30 p. Byrnes, M.R., 2005. Processes Affecting Wetland Change in Terrebonne Parish with Special Reference to Harry Bourg Corporation 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. Byrnes,M.R.and J.L.Baker,2005. Sediment Budget Analysis:Culloden Point to Shagwong Point, Lake Montauk, NY. Final Report to Offshore and Coastal Technologies,Chadds Ford, PA, 17 p. 11I17r2006 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. Lagers, S.T. Viada, B.A. Vittor, J.S. Ramsey, and J.D. Wood, 2005. Environmental Surveys of Potential Borrow Areas on the Central East Florida Shelf and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service,Leasing Division, Marine Minerals Branch,Herndon,VA. OCS Report MMS 2004-037,Volume I: Main Text, 328 pp. +Volume It: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. Lagers,S.T.Made,B.A.Vittor,J.S.Ramsey,and J.D.Germano,2004. Environmental Surveys of Potential Borrow Areas Offshore Northern New Jersey and Southern New York and the Environmental Implications of Sand Removal for Coastal and Beach Restoration.U.S.Department of the Interior,Minerals Management Service,Leasing Division,Marine Minerals Branch,Herndon, VA. OCS Report MMS 2004-044,Volume I: Main Text 264 pp.+Volume It:Appendices 194 pp. Wise, L.A., T.N. McLellan, and M.R. Byrnes, 2004. Feasibility analysis of shore protection for Rockefeller Wildlife Refuge In the chenier plain of southwestern Louisiana (USA). Proceedings Coastal Structures '03, Portland, OR, 13 P. Byrnes, M.R., R.M. Hammer,B.A. Vittor,S.W. Kelley, D.B.Snyder,J.M. Cote, J.S. Ramsey, T.D. Thibaut, N.W. Phillips, and J.D. Wood, 2003. Collection of Environmental Data Within Sand Resource Areas Offshore North Carolina and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Sand and Gravel Unit, Herndon, VA. OCS Report MMS 2000-056. Volume I: Main Text, 256 pp. +Volume 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 ERDC/CHL 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 Text.ERDC/CHL TR-03-12, Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, pp.67-136. Byrnes, M.R., and F. Li, 2003. Chapter 3: Regional Processes. In: Gailani, J.Z. and others, Monitoring Dredged Material Disposal at Mouth of Columbia River, Washington/Oregon, USA. Technical Report TR-03-5, USAE Research and Development Center, Coastal and Hydraulics Laboratory,Vicksburg, MS, pp. 42-82. Byrnes, M.R.,J.L. Baker,and N.C.Kraus, 2003. Coastal sediment budget for Grays Harbor,WA. In: Proceedings Coastal Sediments 2003, The Fifth International Symposium on Coastal Engineering and Science of Coastal Sediment Processes, Clearwater, FL, 10 p. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of identified sand resource areas offshore Alabama. 21 st 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. 21 st Annual Information Transfer Meeting Proceedings,MMS 2003-005, U,S. Minerals Management Service, New Orleans, LA, pp. 349-354. Byrnes,M.R.,R.M.Hammer,and T.D.Thibaut,2003. Collection of environmental data within sand resource areas offshore North Carolina and the environmental implications of sand removal for coastal and beach restoration. 21 st Annual Information Transfer Meeting Proceedings,MMS 2003- 005, U.S. Minerals Management Service, New Orleans, LA, pp. 365-360. 1 111 7 20 0 6 Mark R.Byrnes 7 of 19 Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2003. Numerical modeling evaluation of the cumulative physical effects of offshore sand dredging for beach nourishment. 21st Annual Information Transfer Meeting Proceedings, MMS 2003-005, U.S. Minerals Management Service, New Orleans, LA,417-422. Kraus, N.C. and M.R. Byrnes, 2002. Technical Comments on 30 September 2002 Final Report "Independent Study Report, Brevard County, Florida, Shore Protection Project' by Independent Coastal Expert Team (ICET). Memorandum for Record dated 2 December 2002 from the U.S. Army Engineer Research and Development Center,Coastal and Hydraulics Laboratory,Vicksburg, MS to U.S.Army Corps of Engineers,Jacksonville District,Jacksonville, FL,21 pp. Byrnes. M.R., F. Li, and J.D. Rosati, 2002. Inlets Online: A Tutorial for Evaluating Inlet/Beach Processes Using Aerial Photography. ERDC/CHL CHETN-IV-51, Coastal and Hydraulics Laboratory, U.S.Army Engineer Research and Development Center,Vicksburg, MS, 10 p. Byrnes, M.R., J.L. Baker, and F. Lt. 2002. Quantifying potential measurement errors and uncertainties associated with bathymetric change analysis.ERDC/CHL CHETN-IV-50,Coastal and Hydraulics Laboratory, U.S. Army Engineer Research and Development Center, Vicksburg, MS, 17 p. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2001. Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment.U.S.Department of the Interior,Minerals Management Service,International Activities and Marine Minerals Division (INTERMAR),Hemdon,VA. OCS Report MMS 2001-098,96 pp. + 90 pp. appendices Cote, J.M. and M.R. Byrnes,2001. Total Current Observations, Hudson River, Rensselaer, NY: March 27, 2001. Final Report to ENSR International,Acton, MA,40 pp. Cote,J.M.and M.R. Byrnes,2001. Physical Environmental Impacts of Pipeline Construction and Operation for the Mardi Gras Transportation System. Final Report to Paragon Engineering, Inc., Houston,TX, 35 pp. Byrnes,M.R.,R.M.Hammer,B.A.Vittor,J.S.Ramsey,D.B.Snyder,J.D.Wood,K.F.Bosma,T.D. Thibaut, and N.W. Phillips, 2001. Environmental Survey of Potential Sand Resource Sites: Offshore New Jersey, Volume 1: Main Text, Volume Ii: Appendices. U.S. Department of the Interior, Minerals Management Service, International 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. Byrnes, M.R., J.S. Ramsey, R.M. Hammer, and E.A. Wadman, 2000. Assessing Potential Environmental Impacts of Offshore Sand and Gravel Mining.Final Report to the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Coastal Zone Management,48 pp. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 1999. Comparison of Numerical Spectral Wave Transformation Models for Evaluating the Physical Environmental Impacts of Offshore Sand Mining. Report to the U.S.Department of the Interior,Minerals Management Service,International Activities and Marine Minerals Division (INTERMAR), Hemdon,VA,24 pp. Byrnes, M.R., 1999. Sediment Deposition at Hyannis Marina Resulting from Steamship Authority Vessel Operations in Hyannis Harbor, 1988 to 1998. Report to Rubin and Rudman,LLP,Boston, MA, 7 pp. 11/77/2008 Mark R.Bymes 8 of 19 s Byrnes,M.R.,R.M.Hammer, B.A.Vittor,J.S. Ramsey,D.B.Snyder,K.F.Bosma,J.D.Wood,T.D. Thlbaut,and N.W.Phillips, 1999. Environmental Study of Identified Sand Resource Areas Offshore Alabama: Volume I:Main Text,Volume It:Appendices. U.S. Department of the Interior,Minerals Management Service,International Activities and Marine Minerals Division(INTERMAR),Herndon, VA. OCS Report MMS 99-0052, 326 pp. + 132 pp. appendices. Kraus, N.C., M.R. Byrnes,and A-L. Lindquist, 1999. Coastal Processes Assessment for Brevard County,Florida,with Special Reference to Test Plaintiffs. Technical Report CHL-99-6, U.S.Army Corps of Engineers,Waterways Experiment Station,Coastal and Hydraulics Laboratory,Vicksburg, MS, 162 p. Byrnes, M.R., and F. Li, 1999. Regional Analysis of Sediment Transport and Dredged Material Disposal Patterns,Columbia River Mouth,Washington/Oregon,and Adjacent Shores. Final Report to USAE Waterways Experiment Station,Coastal and Hydraulics Laboratory,Vicksburg, MS,45 p. Fields,M.L., M.R.Byrnes,and K.F. Bosma, 1998. Historical Shoreline Change Analysis:Western Town Line to Horton Point, Southold, New York. Final Report to the Town of Southold, Suffolk County, NY, 86 p., 2 appendices. Taylor,M.J., M.R. Byrnes,and R.A. McBride, 1996. Form/process relationships and geomorphic evolution of the southwest Louisiana Chenier Plain. Gulf Coast Association Geological Societies Transactions,46:413-422. McBride, R.A., M.R. Byrnes, and L.C. Anderson, 1996. Shelf sedimentary faces offshore southwestern Alabama and western Florida Panhandle: Northeastern Gulf of Mexico. Gulf Coast Association Geological Societies 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 Louisiana State University, Baton Rouge, LA, pp. 61-71. Byrnes, M.R. and R.A. McBride, 1996. Shoreline change along the Chenier Plain. CoastWise, 6(1):22-26. Byrnes, M.R. and R.A. McBride, 1996. Northeast Gulf of Mexico hard mineral resources study. Proceeding of the 15th Annual Information Transfer Meeting, U.S. Department of the Interior, Minerals Management Service, New Orleans, LA, pp. 481-486. Byrnes, M.R., R.A. McBride, L.C. Anderson, M.J. Taylor, and R.R. Zenero, 1995. Sedimentary Processes,Geologic Framework,and Coastal Erosion Issues of the Chenier Plain in Southwestern Louisiana. Fieldtrip Guidebook for the 45th Annual Meeting of the Gulf Coast Association of Geological Societies, 196 p. Byrnes, M.R. and R.A. McBride, 1995. Preliminary Assessment of Beach Response to a Segmented Breakwater System: Constance Beach and Vicinity, 1990-1994. Final Report to Louisiana Department of Natural Resources,Coastal Restoration Division,Baton Rouge,LA, 102 p- Byrnes, M.R. and R.A. McBride, 1995. Shoreline Response to Natural and Human-Induced Processes Along the Chenier Plain of Southwestern Louisiana, Louisiana Barrier Island Workshop, Coalition to Restore Coastal Louisiana, Baton Rouge, LA, 5 p. Byrnes, M.R., R.A. McBride, S.G. Underwood,and K.P.Corbley, 1994. Losing ground: mapping Louisiana's disappearing coastline. GPS World, p.46-50. Hiland, M.W. and M.R. Byrnes, 1994. New York Bight Study, Report 4, Geographic Information System and Relational Database Management System Development. Technical Report CERC-94- 4, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center, Vicksburg, MS, 81 p. 11117/2006 Mark R. Bymes 9 or 19 Wayne,L.D., M.R. Byrnes,J.D. Hayden,and G.Pallinti, 1994. An analytical model for classifying land loss in Louisiana. Proceedings of the Second Thematic Conference on Remote Sensing for Marine and Coastal Environments. Volume 1, p. 679-686. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1994. Pilot Erosion Rate Data Study, Harrison County,Mississippi:Phase IV-Differential GPS Survey for Mapping High-Water Shoreline Position. Final Report to Federal Emergency Management Agency,Office of RlskAssessment,Washington, D.C., 164 p. Byrnes,M.R.,1993. Sea-level rise and shoreline change. In:National Park Service Global Change and Coastal Dynamics Workshop Proceedings, Charlottesville,VA, 11 p. Byrnes, M.R., M.W. Hiland,and R.A. McBride, 1993. Historical shoreline position change for the mainland beach in Harrison County,Mississippi. In:O.T.Magoon,W.S.Wilson,H.Converse,and L.T. Tobin (editors), Coastal Zone '93, American Society of Civil Engineers, New York, NY, pp. 1406.1420. Hiland, M.W., M.R. Byrnes, R.A. McBride, and F.W. Jones, 1993. Change analysis and spatial Information management for coastal environments. MlcroStation Manager, 3(3):58-61. Wayne,L.D., M.R.Byrnes,L.D.Britsch,S.Penland,P.L.Wilkey,T.A.Williams,and S.J.Williams, 1993. A method for classifying land loss by geomorphology and process. In: S. Laska and A. Puffer (editors), Coastlines of the Gulf of Mexico, Coastal Zone 193, American Society of Civil Engineers, New York, NY, pp. 85-95. Stauble, D.K., G.W. Holem, M.R. Byrnes, F.J.Anders, and E. Meisburger, 1993. SUPERDUCK Beach Sediment Sample Experiment: Beach Profile Change and Foreshore Sediment Dynamics. Technical Report CERC-934, US Army Engineer Waterways Experiment Station, Coastal Engineering Research Center,Vicksburg, MS,41 p. Byrnes, M.R., M.W. Hiland, and R.A. McBride, 1993. Pilot Erosion Rate Data Study, Harrison County, Mississippi: Phase III - Data Analysis and Interpretation. Final Report to Federal Emergency Management Agency,Office of Risk Assessment, Washington,D.C., 102 p. Debusschere, K . S. Penland, K.E. Ramsey, D. Lindstedt, K.A. Westphal, R.Seal, R.A. McBride, M.R.Byrnes,and E.Owens, 1993.Implementing the shoreline cleanup assessment team process in the Gulf of Mexico. Proceedings of International Oil Spill Conference, American Petroleum Institute,Washington, D.C., p. 95-97. Byrnes, M.R.and C.G. Groat, 1992. Characterization ofthe development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: an introduction. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA,pp. 75-78. Byrnes, M.R.and C.G. Groat, 1992. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: conclusions and recommendations. 12th Annual Information Transfer Meeting,U.S. Minerals Management Service, New Orleans, LA, pp. 94-95. Byrnes, M.R. and P. Patnaik, 1992. An evaluation of physical environmental Impacts of sand dredging on Ship Shoal. 12th Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA, pp.84-87. Wayne, L. and M.R. Byrnes, 1992. An Information Management Strategy to Ensure the Compatibility and Accessibility of Data Generated in Conjunction with the Barataria-Terrebonne National Estuary Program. Final Report to U.S. Environmental Protection Agency, Barataria- Terrebonne National Estuary Program,Thibodaux, LA, 35 p. 11l17r20O6 Mark R.Bymes 10 of 19 Westphal, K.A., S. Penland, R.W. Seal, M.R. Byrnes, 1992. Aerial Videotape Survey of Coastal Louisiana, Mississippi, and Alabama 1991. Coastal Geology Map Series, Louisiana Geological Survey, Baton Rouge, LA, 163 p. Byrnes,M.R.,J.S. Moody,and S.C. Knox, (contributors) 1991. Historical shoreline change in the northern Gulf of Mexico (Scale 1:2,000,000). Prepared for the U.S. Environmental Protection Agency, Louisiana Geological Survey, Baton Rouge, LA. Byrnes, M.R., S. Penland, K.E. Ramsey, T.G. Crawford, R.F. Kelly, and T.A. Chisholm, 1991. Characterization of the Development Potential of Ship Shoal Sand for Beach Replenishment of Isles Dernieres. Final Report to the U.S.Minerals Management Service,Office of Marine Minerals International Affairs, Hemdon,VA, 164 p. Byrnes,M.R.,M.W.Hiland,R.A.McBride,and K.A.Westphal, 1991. Pilot Erosion Rate Data Study, Harrison County,Mississippi:Phases I and II-Data Compilation and Procedures. Final Report to Federal Emergency Management Agency, Office of Risk Assessment, Washington, D.C., 139 p. Hales, L.Z., M.R. Byrnes, and M.W. Dowd, 1991. Numerical modeling of storm-induced beach erosion, Folly Beach, South Carolina, Beach Fill Altematives. In: O.T. Magoon at 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. Byrnes, M.R., S. Penland, R.A. McBride, K.A. Westphal, and D.W. Davis, 1990. Computer Mapping,Aerial Videotape Surveys,and Geographic Information Systems:An Integrated Approach to Developing a Shoreline Change Database. Great Lakes Shoreland Management Workshop, Cleveland, OH, p. 21-29. Larson,M.,N.C.Kraus, and M.R.Byrnes, 1990. SBEACH: Numerical Model for Simulating Storm- Induced Beach Change, Report 2, Numerical Formulation and Model Tests. Technical Report CERC 89-9. U.S.Army Engineer Waterways Experiment Station, Coastal Engineering Research Center,Vicksburg, MS, 117 p. Byrnes, M.R., 1989. SUPERDUCK Beach Sediment Sampling Experiment, Report 1, Data Summary and Initial Observations. Miscellaneous Paper CERC-89-18, U.S. Army Engineer Waterways Experiment Station, Coastal Engineering Research Center,Vicksburg, MS, 52 p. Byrnes, M.R., K.J. Gingerich, S.M. Kimball, and G.R. Thomas, 1989. Temporal and spatial variations in shoreline migration rates,Metompkin Island,Virginia. In:D.K.Stauble(editor),Barrier Islands: Process and Management, Proceedings Coastal Zone '89, American Society Civil Engineers, New York, NY, p. 78-92. Byrnes, M.R., 1988. Holocene Geology and Migration of a Low-Profile Barrier Island System, Metompkin Island, Virginia. PhD Dissertation, Oceanography Department, Old Dominion University, Norfolk,VA, 419 pp. Oertel, G.F., M.R. Byrnes, and K.J. Gingerich, 1985. Sediment Budget Analysis for Fort Story Section of Shore at Cape Henry, Virginia. Tech. Report 85-2, Oceanography Department, Old Dominion University, Norfolk,VA, 464 pp. Gingerich, K.J. and M.R. Byrnes (editors), 1984. Field Guide to Coastal Geologic Problems of Tidewater,Virginia. 111h Annual Shelf and Shore Workshop Fieldtrip Guidebook, Norfolk,VA,66 PP. Cartel, G.F., K.J.Gingerich, and M.R. Byrnes, 1982. Sediment Budget and Shoreline Dynamics, East Ocean View, Norfolk, Virginia. Technical Report 82-6, Oceanography Department, Old Dominion University, Norfolk,VA, 28 pp. 11f17f2006 Mark R.Bymes 11 of 19 Byrnes, M.R. and G.F. Cartel, 1981. Particle size distribution of suspended solids In the Chesapeake Bay entrance and adjacent shelf waters. In: J.W. Campbell and J.P. Thomas (editors),Chesapeake Bay Plume Study-SUPERFLUX 1980. NASA Conference Publication 2188, p. 223-235. rechnlcal Presentations Byrnes,M.R.and S.F.Griffee,2006.Sedimentary Response to Navigation Structures at the Mouth of the Columbia River,Washington/Oregon,USA. Association of Engineering and Environmental Geologists Annual Meeting,Invited Paper to the Symposium Coastal Processes and 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 It: A Workshop on Managing Shoreline Change. NOAA Coastal Services Center, Charleston, SC. Byrnes, M.R., 2004. Potential physical and biological Impacts of sand mining on the Outer Continental Shelf,Offshore Alabama. American Shore and Beach Preservation Association Annual Meeting, New Orleans, 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 Service, New Orleans, LA. Byrnes, M.R., R.M. Hammer, and T.D. Thibaut, 2003. Environmental survey of potential sand resource sites: offshore New Jersey. 21s1 Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes,M.R.,R.M.Hammer,and T.D.Thibaul,2003. Collection of environmental data within sand resource areas offshore North Carolina and the environmental implications of sand removal for coastal and beach restoration. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Kelley, S.W., J.S. Ramsey, and M.R. Byrnes, 2003. Numerical modeling evaluation of the cumulative physical effects of offshore sand dredging for beach nourishment. 21st Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., R.A. McBride, and J.L. Baker, 2002. Consistent spatial reference feature for quantifying shoreline change: physical significance versus convenience. Shoreline Change Conference 2002, NOAA Coastal Services Center, Charleston, SC. Col9,J.M.and M.R.Byrnes,2002.Spatial and temporal variability of circulation patterns at offshore shoals on the eastern Florida Continental Shelf AGU EOS Transactions, 83(4): OS136, Coastal Sciences Meeting, Honolulu, HI. Byrnes,M.R.and R.M.Hammer,2001. Evaluating potential environmental impacts of sand mining on the Outer Continental Shelf,offshore New Jersey. Coastal Zone 2001,Cleveland,OH. Byrnes, M.R., J.S. Ramsey, K.F. Bosma, and F. Li, 2000. Nearshore sediment dynamics and potential physical environmental Impacts of sand mining on the Outer Continental Shelf,Offshore Alabama. Gulf of Mexico Symposium 2000, Mobile,AL. Byrnes, M.R. and N.C.Kraus, 1999. Regional sediment transport patterns adjacent to Canaveral Harbor, Florida. Coastal Sediments'99,American Society of Civil Engineers, Long Island, NY. 11/17/2008 Mark R.Byrnes 12 of 19 Byrnes, M.R., 1997. Holocene geomorphic evolution of the southwest Louisiana Chenier Plain. USGS Center for Coastal Geology, St. Petersburg, FL(Invited Lecturer). Byrnes,M.R.,R.A.McBride,M.J.Taylor,and R.R.Zenero, 1996. Holocene sedimentary framework of transgressions and regressions along the chenier plain, southwestern Louisiana. Gulf Coast Association of Geological Societies, p. 472. McBride, R.A. and M.R. Byrnes, 1996. Shelf sedimentary facies offshore southwestern Alabama and western Florida Panhandle:northeastern Gulf of Mexico.Gulf Coast Association of Geological Societies. Taylor, M.J., M.R. Byrnes, and R.A. McBride, 1996. Form/process relationships and the geomorphic evolution of the southwest Louisiana chenler plain. Gulf Coast Association of Geological Societies. Byrnes,M.R.and McBride,R.A., 1996.Spatial and temporal variations in shoreline position change along Louisiana's outer coast. Geological Society of America (GSA): 30th Annual South-Central Section,March 11-12,Austin,TX,Abstracts with Programs,v.28(1),February,p. 7(Invited Paper). Taylor, M.J., McBride, R.A., and Byrnes, M.R., 1996. Sediment sources for southwest Louisiana cheniers.American Association of Geographers(AAG),92nd Annual Meeting,April 9-13,Charlotte, North Carolina,Abstract with Program, p. 291. Byrnes,M.R.,McBride,R.A,Song,D.L.,Zenero,R.R.,and Taylor,M.J., 1995.Geologic framework of Holocene sedimentary deposits of the central Chenier Plain,southwestern Louisiana,Geological Society of America,Abstracts with Program, v.27, p.A-272 (Invited Paper). Byrnes, M.R.,McBride,R.A.,Tao,Q. and Duvic,L., 1995. Historical shoreline dynamics along the Chanter Plain of southwestern Louisiana.American Association of Petroleum Geologists Bulletin,v. 79. Anderson, L.C., Byrnes, M.R. and McBride, R.A., 1995. Paleoenvironmental and taphonomic evidence of diverse btoclast sources for southwestern Louisiana cheniers.American Association of Petroleum Geologists Bulletin,v. 79. Anderson, L.C., Byrnes, M.R., and McBride, R.A., 1995. Macroinvertebrate taphonomy of the southwestern Louisiana Chanter Plain:evidence of diverse blociast sources,depositional regimes, and dynamic histories. Geological Society of America,Abstracts with Program, v. 27, p.A-446. McBride,R.A.and Byrnes,MR, 1995.Processes of barrier shoreline change in Louisiana between 1855 and 1994:development of a geomorphic response-type model.Geological Society of America, Abstracts with Program, v. 27, p.A-341. McBride, R.A., Byrnes, M.R., and Anderson, L.C., 1995. Late Quaternary lowstand and transgressive systems tracts of the northeastern Gulf of Mexico:surfaces,facles,and stratigraphy. American Association of Petroleum Geologists, Official Program, v. 4, p. 63A. McBride, R.A. and Byrnes, M.R., 1995. A megascale systems approach to shoreline change analysis and coastal management along the northern Gulf of Mexico. American Association of Petroleum Geologists Bulletin, v. 79. McBride, R.A. and Byrnes, M.R., 1995. Surficial sediments and morphology of the southwestern Alabama/western Florida Panhandle coast and shelf. American Association of Petroleum Geologists Bulletin, v. 79. Taylor, M.J., Byrnes, M.R., and McBride, R.A., 1995.Sediment texture and composition changes along the southwest Louisiana coast: Implications for sediment supply. American Association of Petroleum Geologists Bulletin, v. 79. 1 1/1 712006 Mark R.Byrnes 13 of 19 Taylor, M.J., Byrnes, M.R., and McBride, R.A., 1995. Local and distant sediment sources to the southwest Louisiana Chanter 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 chenlers, southwestern Louisiana. American Association of Petroleum Geologists Bulletin,v. 79. Zenero, R.R., Sang, D.L., Byrnes, M.R., and McBride, R.A., 1995. Applications of ground penetrating radar on the southwest Louisiana Chanter Plain. Geological Society of America, Abstracts with Program,v.27, p.A-449. Byrnes, M.R., R.A. McBride, and S. Underwood, 1995. Beach response to a segmented breakwater system: southwestern Louisiana. Eighth Annual National Conference on Beach Preservation Technology, St. Petersburg,FL. Byrnes, M.R. and R.A. McBride, 1995. Shoreline response to natural and human-Induced processes along the Chenier Plain of southwestern Louisiana. Louisiana Barrier Shoreline Restoration Workshop, New Orleans, LA. Byrnes,M.R.,M.W. Hiland,R.A.McBride,and M. Bradshaw, 1994. Monitoring shoreline change. Second Thematic Conference on Remote Sensing for Marine and Coastal Environments, New Orleans, LA. McBride, R.A.,Anderson, L.C., and Byrnes, M.R., 1994. Late Quaternary transgressive deposits and surfaces on the southeast Alabama/Flodda Panhandle shelf: facies, stratigraphy, and chronology. Society for Sedimentary Geology Research Conference on Clastic Deposits of the Transgressive Systems Tracts, Long Beach,WA,July 10-16. Byrnes, M.R. and M.W. Hiland, 1993. Regional seafloor changes near St. Marys Entrance, GeorgialFlortda,and their influence on shoreline response. Large-Scale Coastal Behavior'93,St. Petersburg, FL. McBride, R.A. and Byrnes, M.R., 1993. Geomorphic response types along barrier coastlines: a regional perspective. Poster session presented at Large Scale Coastal Behavior'93 (LSCB '93) conference, St. Petersburg, FL, Nov. 15-19. Byrnes, M.R. and D. Braud, 1993. Assessing accuracy of coastal change mapping in Louisiana: Moderator. Panel Discussion at the Ninth Annual Remote Sensing/GIS Workshop, Lafayette,L.A. Byrnes, M.R., S. Penland, and D.W. Davis, 1992. Man-Induced Impacts on the Coastal Zone of Louisiana. 416'Annual Meeting of the Southeastern Section of the Geological Society of America, Winston-Salem, NC. Byrnes, M.R., 1992. Shoreline Change Methodology. Louisiana Barrier Island Workshop. Sponsored by the U.S.Geological Survey and Louisiana State University at Louisiana Universities Marine Consortium, Cocodde, LA. Byrnes, M.R., 1991. Physical Environmental Impacts of Sand Mining at Ship Shoal. 121"Annual Information Transfer Meeting, U.S. Minerals Management Service, New Orleans, LA. Byrnes, M.R., 1991. A GIS Strategy for Mapping Historical Shoreline Position. Seventh Annual Remote Sensing and GIS Workshop, New Orleans, LA. Byrnes, M.R., R.A. McBride, and M.W. Hiland, 1991. Accuracy standards and development of a national shoreline change database. Coastal Sediments'91, Seattle, WA. Byrnes, M.R., R.A. McBride, S. Penland, and M.W. Hiland, 1991. Classification of shoreline change. The Coastal Society le International Conference, San Antonio,TX. 11/17/2006 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. Marine Technology Society'91, New Orleans, LA. Byrnes, M.R., R.A. McBride, S. Penland, M.W. Hiland, and K.A. Westphal, 1991. Historical changes in shoreline position along the Mississippi Sound barrier islands. Gulf Coast Section- Society of Economic Paleontologists and Mineralogists 12th Annual Research Conference, San Antonio, TX. Byrnes, M.R., S. Penland, R.A. McBride, and K.A. Westphal, 1991. Louisiana's disappearing shores -- America's coastal erosion hot spot. Invited speaker. American Association for the Advancement of Science,Washington, D.C. Byrnes, M.R., 1991. Characterization 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 Information Transfer Meeting, New Orleans, LA. Byrnes,M.R., 1991. Physical environmental Impacts of sand mining at Ship Shoal. U.S.Minerals Management Service 12th Annual Information Transfer Meeting, New Orleans, LA. Byrnes, M.R., 1991. Characterization of the development potential of Ship Shoal sand for beach replenishment of the Isles Dernieres: Summary and future direction. U.S. Minerals Management Service 12th Annual Information Transfer Meeting, New Orleans, LA. 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 Integrated Approach 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,VT. Byrnes, M.R., 1988. Sedimentation patterns and processes along Metompkin Island, Virginia. Guest Seminar, United States Geological Survey, Reston,VA. Byrnes, M.R.and K.J.Gingerich, 1987. Cross-island profile response to Hurricane Gloria. Coastal Sediments '87, New Orleans, LA. Byrnes, M.R., 1986, Subaerial sediment budget analysis: a means of quantifying barrier island migration. Guest Seminar, Coastal Engineering Research Center,Vicksburg, MS. Byrnes, M.R., 1986. Morphodynamics of Virginia's barrier island chain. Guest Seminar, Environmental Sciences Department, University of Virginia, Charlottesville,VA. Byrnes, M.R. and K.J. Gingerich, 1985. Sediment budget analysis along a transgressive barrier shoreline. 121h Annual Shelf and Shore Workshop, Duck, NC. Byrnes,M.R.and K.J.Gingerich, 1985. The effect of lagoonal characteristics on the transgressive nature of Metompkin Island, Virginia (awarded best student paper). Virginia Journal of Science Abstract, 36: 147. Byrnes, M.R. and G.F. Oertel, 1981. Particle size distribution of suspended solids in the Chesapeake Bay entrance and adjacent shelf waters. SUPERFLUX 1980 - Chesapeake Bay Plume Study Workshop, NASA Langley Research Center, Newport News,VA. 11/17/2006 Mark R.Byrnes 15 of 10 Litigation Support Department of Justice,Washington,D.C.,Applegate at al.v.the United States of America, 1996- 1999,Coastal Processes Assessment for Brevard County,Florida,with Special Reference to Test Plaintiffs. Client: U.S. Army Corps of Engineers,Jacksonville District, Jacksonville, FL. Rubin and Rudman, LLP, Boston, MA, Hyannis Marine Service LTD v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, Civil Action No. 98 CV 11771 WGY, U.S. District Court, Massachusetts, 1999-2000. Sediment Erosion and Deposition Resulting from Steamship Authority Vessel Operations in Hyannis Inner Harbor and the Impact on Sedimentation at Hyannis Marina. Client:Hyannis Marina. Kean, Miller, Hawthorne, D'Armond, McCowan, & Jarman, Baton Rouge, LA, Plaquemines Parish Government v.ChevronTexaco,2003.Expert regarding historical wetland changes in West Bay, LA. Client:ChevronTexaco. Kean, Miller, Hawthorne, D'Armond, McCowan, & Jarman, Baton Rouge, LA, Harry Bourg Corporation v.F*oconMobil at al.,32nd JDC,Terrebonne Parish,LA,2004-2005.Processes Affecting Wetland Change in Terrebonne Parish with Special Reference to Harry Bourg Corporation Property South of Falgout Canal Between Bayou Ou Large and the Houma Navigation Canal.Clients:Devon Energy, ExxonMobil, Forest Oil, Danbury Oil, British Petroleum, KCS Energy, DLA Piper Rudnick Gray Cary US LLP, New York, NY, Town of Southampton v. County of Suffolk, 2005-2006. Consultant to Town regarding beach erosion between Westhampton to Georgica Pond related to shore-perpendicular engineering structures. Client : Town of Southampton. Kean, Miller, Hawthorne, D'Armond, McCowan, & Jarman, Baton Rouge, LA, Dora Energy Corporation v.Carter-Langham at al., 38th JDC,Cameron Parish, LA, 2006. Processes Affecting Wetland Change in the Calcasieu-Sabine Basin with Special Reference to Dor6 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,2006-2007. Channel Dredging Impacts on Shoreline Response at and Adjacent to Main Pass, Mobile Bay Entrance,Alabama. Principal Investigator. U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 2006-2008. Quantifying Regional Sediment Dynamics in Nearshore Environments: Historical Sediment Pathways,Lateral Inlet and Island Migration,and Detailed Sediment Budgets. Principal Investigator. U.S. Minerals Management Service, Leasing Division, Marine Minerals Branch, 2005-2007. Potential Biological and Physical Impacts of Dredging on Offshore Ridge and Swale Features. Co-Program Manager with Continental Shelf Associates, Inc. U.S. Army Engineer Research and Development Center, Coastal and Hydraulics Laboratory, 2002-2005.Quantifying Inlet Sedimentation Dynamics: Sediment Pathways,Overwash and Island Breaching,Detailed Sediment Budgets,and Navigation Channel Resources. Principal Investigator. ENSR International, 2001. Empire State Newsprint Project: Geophysical and Water Velocity Measurements for the Hudson River Field Program. Principal Investigator. U.S.Minerals Management Service, International Activities and Marine Minerals Division,2001- 2003. Environmental Surveys of Potential Borrow Areas Offshore Northam New Jersey and Southern New York and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Program Manager. 1 1/1 7120 0 8 Mark R.Byrnes 16 of 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.—Fast 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,International Activities and Marine Minerals Division,2000- 2002. Environmental Surveys of Potential Borrow Areas on the East Florida Shelf and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Principal Investigator. ENTRIX,Inc., 1999-2000. Evaluation of Geological and Physical Processes Impacts Associated with the Gulfstream Pipeline, Northeast Gulf of Mexico. Principal Investigator. U.S. Army Corps of Engineers, Coastal and Hydraulics Laboratory, 1999-2002. Sediment Bypassing at Structured Entrances and Geomorphic Change Modeling. Principal Investigator. U.S. Minerals Management Service, International Activities and Marine Minerals Division, 1999- 2001. Numerical Modeling Evaluation of the Cumulative Physical Effects of Offshore Sand Dredging for Beach Nourishment. Principal Investigator. Rubin and Rudman, LLP, 1999-2000. Sediment Erosion and Deposition Processes in Hyannis Inner Harbor, Hyannis, MA. Principal Investigator. U.S. Army Corps of Engineers, Coastal and Hydraulics Laboratory, 1999. Inlets Online: A Tutorial of Interpreting Aerial Photography for the Analysis of Sediment Transport Patterns and Geomorphic Change at Entrances. Principal Investigator. Massachusetts Coastal Zone Management, 1999, Study of the Environmental Impacts of Offshore Sand Mining. Principal Investigator. Sebastian Inlet Tax District Commission, 1998-1999. Historical Shoreline Change Analysis: Satellite Beach to Fort Pierce Inlet, Florida. Principal Investigator. Town of Southold,NY, 1998. Historical Shoreline Change Analysis:Western Town Line to Horton Point, Southold, NY. Principal Investigator(subcontractor to Aubrey Consulting, Inc.). U.S. Minerals Management Service,International Activities and Marine Minerals Division, 1997- 2000. Collection of Environmental Data Within Sand Resource Areas Offshore North Carolina and the Environmental Implications of Sand Removal for Coastal and Beach Restoration. Principal Investigator(subcontractor to Aubrey Consulting, Inc.). U.S.Minerals Management Service, International Activities and Marine Minerals Division, 1997- 2000. Environmental Survey of Potential Sand 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 A&M Research Foundation, 1996. Bathymetric Change Analysis for Assessing Downdrift Impacts Associated with the Entrance Jetties. Principal Investigator. 1 111 7/20 0 6 Mark R. B, U.S.Minerals Management Service,Office of International Activities and Marine Minerals, 1996. Environmental Impact Statement to Support Phase I of the Louisiana Barrier Shoreline Feasibility Study(Barataria-Terrebonne Basin Barrier Shoreline Restoration Effort). Principal Investigator. U.S. Minerals Management Service, Coastal Marine Institute, 1995-1997. Synthesis of Hard Mineral Resources of the Northeast Gulf of Mexico Shelf: Spatial Distribution, Subsurface Evaluation, and Sediment Budget. Principal Investigator, R. McBride Co-Principal Investigator. T. Baker Smith and Sons, Inc., through LA Department of Natural Resources, 1995-1997. Feasibility of Barrier Shoreline Restoration in Coastal Louisiana - Coastal Geology, Geomorphology, and Physical Processes. Principal Investigator, R. McBride Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1995-1996. Shoreline and Balhymetric Change in Lake Pontchartrain. Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1995-1996. Geologic Processes Affecting Coastal Erosion in Western Louisiana, Including the Impact of Hurricane Andrew.Principal Investigator, R. McBride Co-Principal Investigator. LA Department of Natural Resources,Coastal Restoration Division, 1995-1996. Assessment of Beach Response to a Segmented Breakwater System: Southwest Louisiana Coast. Principal Investigator. U.S.Army Corps of Engineers,Coastal Engineering Research Center, 1994-1996. Geographic Information System Development for Evaluating Sediment Transport Patterns at Inlets and Adjacent Environments: Data Capture,Analysis, and Management. Principal Investigator. LA Department of Natural Resources, Office of Coastal Restoration and Management, 1994- 1995. Technical Study Advisors for the Coastal Wetlands Planning,Protection,and Restoration Act (CWPPRA): Louisiana Barrier Island Study. Principal Investigator, R.A. McBride Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1994-1995. Geologic Processes Affecting Coastal Erosion in Louisiana. Including the Impact of Hurricane Andrew. Principal Investigator, S. Penland Co-Principal Investigator. U.S. Geological Survey, National Coastal Geology Program, 1993-1994. Geologic Processes Affecting Coastal Erosion in Western Louisiana,Including the Impact of Hurricane Andrew.Principal Investigator, S. Penland Co-Principal Investigator. U.S.Army Corps of Engineers,Coastal Engineering Research Center, 1993-1994. Geographic Information System and Relational Database Management System Development:New York Bight Study. Principal Investigator. Federal Emergency Management Agency,Office of Risk Assessment, 1992-1993. Pilot Erosion Rate Data Study- Phase IV: Global Positioning System Survey. Principal investigator. Argonne National Laboratory and Gas Research Institute, 1992-1993. Coastal Land Loss Classification, Mapping, and Spatial Analysis. Co-Principal Investigator with S. Penland. U.S.Geological Survey, National Coastal Geology Program, 1992-1993. Geological Processes Affecting Coastal Erosion in Western Louisiana: 1991-1996. Co-Pdncpal Investigator. State of Louisiana, Louisiana Education Quality Support Fund Enhancement Program, May- December, 1992. Flat-Bed Scanner and Geographic Information System Equipment for Accurate Computer Mapping of Land Loss in the Coastal Zone. Principal Investigator. 11117r2" Mark R.Byrnes 180119 APPLIED COASTAL HE5VARCH AND ENGINF�HING.INC. 766 Falmouth Road,Suite Ad,Mashpee,AM 02649 Mark R. Byrnes, Ph.D. Phone: 508-539-3737 Fax: 508-539-3739 Emall: mbymes0appiledcoastal.com Web: v .applledcoastal.com �pf SOUTyo ELIZABETH A. NEVILLE ,�O l� Town Hall, 53095 Main Road TOWN CLERK .If. # P.O. Box 1179 REGISTRAR OF VITAL STATISTICS H Southold, New York 11971 MARRIAGE OFFICER C Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER o i Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �yCOMM,�c� 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 SOUTHOLD APPLI ATION FOR APPEAL TO THE COASTAL EROSION HATARD BOARD OF REVIEW DATE Fee: $250.00 NAME OF APPLICANT: Robert G. Bambara ADDRESS: 98-16 163rd Ave. , Howard Beach nrr 11414 AGENT: Thomas'C. Wolpert, P.E./Young & Y DATE OF DECISION APPEALED FROM nec�si8n received Y ng office on Jan. 7 SPECIFIC CRAFTER/SECTION INVOLVED Chapter 111; 111-6; 111-12 THE ALLEGED ERRORS IN THE DETERMINATION ARE: Development not prohibited in area proposed INTERPRETATION THAT IS.CLAIMED TO BE CORRECT: Beach defined Section 111-6 of Town'Co9e• La_aGiyA d 1smir + inn feet landward from the place where there is a marked chance in ,material or Phyaiographic form Landward limit.aa depicted on Young 'S Young•'plan RELIEF SOUGHT: Issuance of permit as proposed or as modified with alternate. plan:. . No 'eroaion as evidenced by aerial photography. *COPY Of.-THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING,ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL (As per agreement at 'PcueCEOe' heating reoord ,of fi Ids .of other landowners issued permits. ) SIGNATUR$,OFAPPLICANT . [toBERT q. BOMBARA RECEIVED F E B 6 2007 Southold Town fled RECEIVED TOWN OF SOUTHOLD FEB 2 2007 APPLICATION FOR APPEAL TO Southold Town Cled 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 Young & Young 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 ]on feet landward from the place where there is a marked change in material or Physiographic form. Landward limit as depicted on Young & Younq plan RELIEF SOUGHT: Issuance of permit as proposed or as modified with alternate plan. No erosion as evidenced by aerial photography. *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING,ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL (As per agreement at Trustees' hearing - record of files of other landowners issued permits. ) SIGNATURE OF APPLICANT s AGENT - THOMAS C. WOLPERT LAW OFFICES PETER S. DANOWSKI, RJR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. RECEIVED February 7, 2007 F r 9 2007 Town Board & Town Clerk Town of Southold Scul',o!d Town Cleri 53095 Route 25, Box 1179 Southold, New York 1 1 971-0959 Re: Robert G. Bombara—Coastal Erosion Hazard Areas Dear Sir or Madam: I understand after discussions with the Trustees' office and the Town Attorney's office, that the original record will not be delivered to the Town Board, but that it remains available for review and consideration by the Town Board. This would include all files on properties in the vicinity of my client's property which were made part of the record by agreement at the hearing. I enclose with this transmittal letter a copy of the application documents and relevant documents relating to other properties as previously obtained from the Trustees' office. Very trtruly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. Cc: Robert G. Bombara Young & Young —Attn: Tom Wolpert Southold Town Trustees' Office - Attn: Lauren '7 - ' , caa'sfal eraslart ftecid y t-`f i-is-7 James F. King, President �ar3f so �•� Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen A r` • �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 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, 200Y regarding the above matter: Vi 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 a single-family dwelling with a detached garage, swimming pool and associated water supply and sewage disposal facilities because of the following reason: In accordance with Chapter 111, Coastal Erosion Hazard Areas all development is prohibited on beaches in the Coastal Erosion Hazard Area. RESOLVED, that the Board of Trustees finds the proposal to be Inconsistent with the LWRP, and, WHEREAS, an application under Chapter 275, Wetlands, of the Town Code has been filed by the applicant and is currently being considered by the Trustees, RESOLVED, that this determination is solely for an application under Chapter 111, Coastal Erosion, of the Town Code and is not a determination under Chapter 275, Wetlands, which is also required by definition in the Town Wetland Code from the Board of Trustees, for the described project, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. 3 Very Truly Yours, James F. King President, Board of Trustees JFK: hkc/Ims YOUNG &YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverheac4 New York 11901 admin@youngengineering.com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST,Architect RONALD E. PFUHL, Landscape Architect DOUGLASE. ADAMS, Professional Engineer HAND DELIVERED October 26, 2006 ATTN: Lauren Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 RE: ROBERT G. BOMBARA at Southold, T/O Southold, New York (06-0320) 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 ($500.00), 9. one (1) original & two (2) copies - T/O Southold LWRP Consistency Assessment Form, and 10. seven (7) prints - Building Permit Survey last dated October 26, 2006 amended to depict the Landward Limit of Natural Protective Feature Area. We understand that submission of these documents and staking the proposed structures by November 10, 2006 enables this application to be scheduled for public hearing with the Board of Trustees on November 15, 2006. Planning Engineering Land Sure in °y 8 Architecture Page 2 October 26, 2006 Thank you for your assistance in this matter. If you have any questions, please contact us. Very truly yours, Thomas C. Wolpert TCW/mal Encl. cc: Mr. Robert G. Bombara + Encl. + 1 Print Mr. Anthony Gugliotta + Encl. + 1 Print 02/09/2007 14: 49 7656641 BOARD OF TRUSTEES PAGE 01 f J Alhert J. Krupsld,President z�OF souryo Town Hall James King, Vice-President ,`O (� 53095 Route 25 Artie Foster P.O. Box 1179 Southold Ken Poliwoda ,New York 11971-0959 Peggy A. Dickerson O � Telephone(631)7654892 OI�cou Fax(631,)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Offlee Use Only 4oastal Frosion Permit Application _rWetland Permit Application Admimst,ative Permit _Amendmentn ransfer/Extension ----Received Application: () l O db l� Received Fee:$ CiL. -Rompleted Applica ton Ip t _Incomplete _SFQRA Classification: O,';T ; d: Type ITypc 1I_Unlisted � Coordination:(dale sent) iLWRP Consistency Assessgient Fm or LCAC Referral Sent:J �S� _Date ofInspection; I 1110104, _Receipt of CAC Report: _Lead Agency Determination: Technical Review: —Muublic Hearing Held: l d Resolution: Name of Applicant Robert G. Sombara Address 98-16 163rd Avenue, Howard Beach, New York 11414 Phone Number:( ) 718-845-4283 Suffolk County Tax Map Number: 1000 - 54-4-19 i7as Property Location: North Sea Drive, approx. 1,675' east of Kenny'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) p-N Address: 400 Ostrander Avenue, Riverhead, New York 11901 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 permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description(use attachments if necessary): Construct one single family residence, detached garage, pool and associated water supply and sewage disposal facilities. COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To construct one (1) single family residence, garage and pool. Are wetlands present within 100 feet of the proposed activity? X No Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 600 + (cubic yards) How much material will be filled? 600 — (cubic yards) Manner in which material will be removed or deposited: A backhoe will be used to excavate for construction of the footings, foundations, and pool and also used to grade the construction site. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) The proposed operations will not have an effect on the tidal waters of the Town. WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area of wetlands on lot: 0 square feet Percent coverage of lot: 13.0 + Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between nearest proposed structure and upland edge of wetlands: 103 — feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 600 + cubic yards How much material will be filled? 600 + cubic yards Depth of which material will be removed or deposited: 6 t feet Proposed slope throughout the area of operations: 2% Manner in which material will be removed or deposited oeA backh►xih 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 GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct one (1) single family residence, garage, and pool. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert G. Bombara MAILING ADDRESS: - venue Howard Beach, New York 11414 PHONE#: (718) 845-4283 Eric: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALM i 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: Municipality Southold, T/O Southold County Suffolk 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map Refer to Building Permit Survey 5.15 PROPOSED ACTION: ® New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct one (1) single family residence, garage, and pool. 7.AMOUNT OF LAND AFFECTED: Initially 0.6 acres Ultimately 0.6 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑X Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) nResidential ❑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, 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: 1�l2--.--��A"�l_,.IrS A RES®ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponao Name Thomas C. Wolpert, P.E. , Agent for Applicant �yv,,, �� // /,/ Date: Signature z 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. Bonbara BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED, IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S)OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS_ yj# DAY OF aV4 2 -4"4 Notary Public J f13flAAUA1R®�/A��' Qualified in Quests County Conunimion Expires August 31,20�� AUTHORIZATION (where the applicant is not the owner) I , Robert G. Bombara residing at 98-16 163rd Avenue, (print owner of property) (mailing address) Howard Beach, New York 11414 do hereby authorize Young & Young (Agent) ATTN: Thomas C. Wolpert, P.E. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) 8 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers ill id moloyees.Ther this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Robert G. Bombara (Last name,first name,.tniddle 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 ihterest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the 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 applicant/agcntlrepresentative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); _B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); - _C)an officer,director,partner,or employee of the applicant;or _D)the actual applicant. DESCRIPTION OF RELATIONS141P Submitted(hjs;_ _day of top Signature �t(�iy�r ( A Print Name Robert G. Bornbara Form TS 1 ' Iown or aoutnola L . AP CONSISTENCY ASSESSMENT, .1RM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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 explained in detail listing both supporting and non supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 54 _ 4 - 19 PROJECT NAME Robert G. Bombara — Proposed Construction of Single Family Dwelling, The Application has been submitted to (check appropriate response): Pool & Garage Town Board ❑ planning Board❑ Building Dept. ❑ - Board of Trustees C 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, detached garage, pool and associated water supply and sewage disposal facilities. Location of action: Norte Sea, ,Drive, approx. 1,675' east ^F Kenney's Road (adjacent to Site acreage: 24,879 sq. ft. or '0.6 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 situated more than 401 landward of the landward limit of beach. The proposed first floor of the dwelling is 13. 0, in conformance with FENA 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 0 No 5c] 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 51 Yes ❑ No ❑ Not Applicable Refer to PoIlcy Lresponse 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 LWRP Section III —Policies; Pages 22 through 32 for evaluation criteria. 0 ❑ ❑ Yes No Not Applicable Refer to Pol `c:y 1 rpsponAp 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. 1-1 Yes [:] No ] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No N 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. ❑ YesD No Not Applicable Attach additional sheets if necessary WURKING COAST POLICIES Policy 10. Protect Southold's 'V,Ater-dependent uses and promote sit(ag of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No E 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 L)VRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No E Not Applicable PREPARED BY Thomas C. Wolpert, P.E. TITLE Agent for Applicant� 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 NO. 2 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:26 A.M. Mv PHOTO NO. 3 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2008 8:27 A.M. vwx`?j 4 S 1"�y .y PHOTO NO.4 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:27 A.M. r r rt � PHOTO NO.5 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:29 A.M. " rt1 PHOTO NO.6 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. we-i let IV ds' gecid Yt Y /— /5--7 James F. King,President SOUTyo Town Hall Jill M. Doherty,Vice-President 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 ",OUffm� + Fax (631)765-6641 BOARD OF TOWN TRUSTEES December 13, 2006 TOWN OF SOUTHOLD Mr. Thomas C. Wolpert, P.E. Young and Young 400 Ostrander Ave. Riverhead, NY 11901 Re: ROBERT BOMBARA 1725 NORTH SEA DRIVE, SOUTHOLD SCTM# 54-4-19 Dear Mr. Wolpert: The Board of Trustees took the following action during its regular meeting held on Wednesday December 13, 2006 regarding the above matter: 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 2 are empowered to protect pursuant to Chapter § 275-3. Findings; purpose; jurisdiction; and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on November 15, 2006 and December 13, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board of Trustees and the staff of the Trustees and Town have personally viewed and are familiar with the premises in question and the surrounding area, and the staff has reported to the Trustees regarding the location of the proposed development, and, WHEREAS, the proposed construction is located on the natural protective feature of a beach as per Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, WHEREAS, a single family dwelling, garage, and swimming pool do not require a shoreline location, and, WHEREAS, the proposal is located in a New York State designated Significant Coastal Fish and Wildlife Habitat, and, WHEREAS, the Board of Trustees has found the proposal to be located in an environmentally sensitive area containing valuable habitat, that is valued by the Town for nesting areas for threatened and endangered species and for recharge of the aquifer, and, WHEREAS, the dwelling, garage, and pool in the location and the size proposed will negatively impact an environmentally sensitive area, and, THEREFORE BE IT RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application of ROBERT G. BOMBARA to construct a single-family dwelling with a detached garage, swimming pool and associated water supply and sewage disposal facilities, and, RESOLVED, that the Board of Trustees finds the proposal to be Inconsistent with the LWRP, and, RESOLVED, that this determination is solely for an application under Chapter 275, Wetlands and Shoreline, of the Town Code and is not a determination under Chapter 111, Coastal Erosion, which is also required by definition in the Town Wetland Code from the Board of Trustees, for the described project, 3 BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very Truly Yours, James! Kin President, Board of Trustees JFK: hkc CIS, YOUNG &YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 admin@youngengineering.com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C TAST,Architect RONALD E. PFUHL, Landscape Architect DOUGLAS E ADAMS, Professional Engineer October 13, 2006 Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 RE: ROBERT G. BOMBARA at Southold, T/O Southold, New York (06-0320) Dear Members of the Board: Enclosed are the following items: 1. one (1) - Southold Town Trustees Wetlands Application, 2. one (1) - Notice to Adajacent Property Owner, 3. one (1) - Short Environmental Assessment Form, 4. one (1) - Applicant Affidavit, 5. one (1) - Applicant Authorization Form, 6. one (1) - Applicant Transactional Disclosure Form, 7. one (1) color set - Photographs Nos. 1-6, and 8. seven (7) prints - Building Permit Survey last dated October 13, 2006. Kindly notify us of the amount of required application fee and we will forward same promptly to your office. If you have any questions, please contact us. Very truly yours, et wf�� Thomas C. Wolpert TCW/mal Encl. cc: Mr. Robert G. Bombara + Encl. Mr. Anthony Gugliotta + Encl. Planning Engineering Land Surveying Architecture Albert J. Krupski,President soar James King,Vice-President Town Hall l0 53095 Route 25 Artie Foster ,,��,, P.O.Box 1179 Ken Poliwoda T Southold,New York 11971-0959 Peggy A. Dickerson Go '0 Y Telephone(631) 765-1892 l'Ye'DU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit _Amendment/Trans 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 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 noara or 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 permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description(use attachments if necessary): Construct one single family residence, detached garage, pool and associated water supply and sewage disposal facilities. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To construct one (1) single family residence, garage and pool. Are wetlands present within 100 feet of the proposed activity? X No Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 600 — (cubic yards) How much material will be filled? 600 ± (cubic yards) Manner in which material will be removed or deposited: A backhoe will be used to excavate for construction of the footings, foundations, and pool and also used to grade the construction site. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) The proposed operations will not have an effect on the tidal waters of the Town. �pp-Llcacion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct one (1) single family residence, garage and pool. Area of wetlands on lot: 0 square feet Percent coverage of lot: 13.0 ± % Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between nearest proposed structure and upland edge of wetlands: 103 ± feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 600 ± cubic yards How much material will be filled? 600 + cubic yards Depth of which material will be removed or deposited: 6 t feet Proposed slope throughout the area of operations: 2% Manner in which material will be removed or deposited: A backhoe will be used to excavate for construction of the footings, foundations and pool and also used to grade the construction site. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed operations will not have an effect on the tidal waters of the Town. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Robert G. Bambara SCTM# 1000-54-4-19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct one (1) single family residence, garage, and pool. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert G. Bambara MAILING ADDRESS: 6 163rd Avenue Howard Beach, New York 11414 PHONE #: (718) 845-4283 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT 10 NUMBER 617.20 SEQR 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 2. PROJECT NAME Robert G. Bombara Robert G. Bombara 3.PROJECT LOCATION: Municipality Southold, T/O Southold County Suffolk 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide man Refer to Building Permit Survey 5. IS PROPOSED ACTION: ® New El Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct one (1) single family residence, garage, and pool. 7.AMOUNT OF LAND AFFECTED: Initially 0.6 acres Ultimately 0.6 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? QX Yes 0 No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FRI Residential Industrial 0Commercial ❑Agriculture El 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 IAI 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: 1112��. 11,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 J, / If the action is a Costal Area, and you are a state agency, O complete the Coastal Assessment Form before proceeding with this assessment and of Trustees Applicati County of State of New York Robert G. Bombara BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. t Signature SWORN TO BEFORE ME THISYVt DAY OF �l Zpgp 4 Notary Public �No.02BR54100 X@ti� Qualified in Queens County Commission Expires August 31,20 A boara of 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 . (Owner' s signature) 8 APPLICANTIAGENTBEPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emolovees.The purpose of this form is to nrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Robert G. Bombara (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other',name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES',complete the balance of this 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 applicant/agentlrepresentative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted ' day of200_ Signature Print Name I Robert G. Bombara Form TS 1 PHOTO NO. 1 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:26 A.M. PHOTO NO.2 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2008 8:26 A.M. PHOTO NO. 3 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD,NEW YORK OCTOBER 13,2006 8:27 A.M. PHOTO NO.4 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:27 A.M. t t �r R� 3 r of' PHOTO NO.5 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13,2006 8:29 A.M. 5 PHOTO NO.6 ROBERT G. BOMBARA AT SOUTHOLD,T/O SOUTHOLD, NEW YORK OCTOBER 13, 2006 8:29 A.M. NOTES Young & Young N 400 Ostrander Avenue, Riverhead, New York 11901 9 AREA = 24,e)7p 50. FT. 631-727-2303 ilif Howard W. Young, Land Surveyor g 4 / �4 � • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 192,1) Thomas C. Wolpert, Professional Engineer SEE FLOOD INSURANCE RATE PANEL NUMBER Robert C. Tast, Architect « v` a P 36105CO154 G LAST DATED MAY 4, 1498 Ronald E. Pfuhl, Landscape Architect W E Douglas E. Adams, Professional Engineer 'C�4 A/' HEALTH DEPARTMENT USE oryDK 9 �\/ R� airy �•' 36b / 656 / � � �� 8 I v �� r / / / Io. / gel- r 4A� / v�� 6 eo \�d 'lJ e 9.a n� � Cp �OT?je� 6.96R .CIO lOb9•"'J� & R . \0/ a.72 V9 ry`\/'7 � / SURVEYORS CERTIFICATION � 639• �` NE ° '\,\ _LP•,�q Ory. 1p. 6.54• / •B.45 F, wro 1.05 / B .\ ��Q�' � ' s/ fig, / ID �/c`2 022 / tt�l W(�� 15.45`.` @r ��/S$ `. .` Q TV 6b¢ ./' Gl y,,T' ,, •s- `Y'�1 R /yy�� \O 3tt 8.41 \5r h Z �\ � •932 � , �E. Q- 'fig E p `� b. 0.21 ii 9 O Y \ 5TT HOWARD W. YOUNG, N.Y.S. L.5. NO. 45895 525 4 8S r 6.a'7 9 TEST HOLE d" o/, Boo 8001 a ` ° 4 A 0 8 er r,cDONALD s�o5ue+cE G ys�o.. r� ��. ° FE �� ell � SURVEY FOR ° DATE 05/11/06 S /}� 4� / e EL•6.45' 0.0' O eh B// , 6.9 6. W cPIA. . \2 '/ B�4 �� ROBE-RT G. BOM5AR�'�t gt PALE FINETO � S \ At Southold, Town of Southold I � rF, AARSE° SAID "� �9 / 8.44 Suffolk County, New York rs`t `p�.T Bso B p1 6 &A-165' 4.8' "•66�d3'•am \\ County Tax Map District 1000 Sectim 54 BI"k 04 Lot III PALE"t4�aRo"v, / i'Y�b y' 89 ��s BUILDING PERMIT SURVEY FINE TO '�� o COARSE �j 8.2 / L4 O SAND �� •851 PHOTO NUMBER 4 VIEW DIRECTION OCT. 15, 2006 _ B26 JJLY 51, 2006 6ob3 10, MAY 51, 2006 m 1110, / MAP PREPARED MAY 9, 2006 q Nil s p.amex�err ser •wotu�+r F A•sTu ser A•tr. Faun BCALE: I200 1R `k a•u«' reo•ireaF wee s•STOOP eE.oe1An arneAHae o-- •FHoro HRLBe a Vls 171 r H DWG 2006-01821—� ��I p LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN R TAGGART, ESQ. February 7, 2007 Town Board & Town Clerk rL Town of Southold 53095 Route 25, Box 1179 Southold, New York 11971-0959 Re: Robert G. Bombara-Coastal Erosion Hazard Areas Dear Sir or Madam: I understand after discussions with the Trustees' office and the Town Attorney's office, that the original record will not be delivered to the Town Board, but that it remains available for review and consideration by the Town Board. This would include all files on properties in the vicinity of my client's property which were made part of the record by agreement at the hearing. I enclose with this transmittal letter a copy of the application documents and relevant documents relating to other properties as previously obtained from the Trustees' office. Very truly yours, C�� PETER S. DANOWSKI, JR. PSD:gsg Encls. Cc: Robert G. Bombara Young & Young-Attn: Tom Wolpert Southold Town Trustees' Office - Attn: Lauren °1i