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Home My WebLink About3672 NA, w," S of Appeals dd .60 a MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3672 Application Dated September 16 , 1987 TO: [Appellant (s) ) Eric J . Bressler , Esq . as Attorney for Mr . Anthony Gambino Main Road , Box 1424 Mattituck , NY 11952 At a Meeting of the Zoning Board of Appeals held on December 10 , 1987 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100- 119 . 2 [ ] Request for Application of ANTHONY GAMBINO . Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for approval of the construction of new dwelling with an insufficient setback from nearest wetlands and/or ordinary highwater mark along Deep Hole Creek . Location of Property : East End of Lupton Point Road , Mattituck , NY ; County Tax Map Parcel No . 1000-115- 11 -10 . WHEREAS , a public hearing was held and concluded on November 10 , 1987 in the Matter of the Application of ANTHONY GAMBINO under Appl . No . 3672 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000 , Section 115 , Block 11 , Lot 10 . 2 . The subject premises contains a total area of 19 ,200 sq . ft . with 120 ft . frontage along the south side of a private road known as "Lupton Point Road , " and fronting along Deep Hole Creek . 3. The subject premises is improved with a concrete founda- tion as shown on the December 22 , 1981 survey , amended October 22 , 1987 , prepared by Roderick VanTuyl , P . C . depicting the following setbacks : (a ) 35 feet from the front property line , (b ) 10 . 2 feet from the westerly (side ) property line , (c ) 93± feet from the ordinary highwater line at the most southerly end , (d ) 60 feet from its nearest point along the easterly ordinary highwater mark . (CONTINUED ON PAGE TWO ) DATED: December 10 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3672 Matter of ANTHONY GAMBINO Decision Rendered December 10 , 1987 4 . Appellant by this application requests a Variance from the Provisions of Article XI , Section 100-119 . 2 ( B ) for approval of an insufficient - setback from the ordinary high- water mark at 65 feet from the southeast corner and at 60 feet from the northeast corner of a concrete dwelling founda- tion , as more particularly shown on the October 22 , 1987 Amended Survey prepared by Roderick VanTuyl , P . C . 5 . Article XI , Section 100- 119 . 2 ( B ) requires all 4 buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge of the tidal wetland , whichever is the greater distance . 6 . The following additional information is noted for the record : (a ) On May 11 , 1987 , a Wetland Permit under the Provisions of Chapter 97 was issued by the Southold Town Trustees with conditions ; (b ) On or about June 18 , 1987 , a Determination was rendered by the Suffolk County Board of Review under the rules pertaining to the Suffolk County Health Department ; (c ) On or about July 13 , 1987 the Southold Town Bay Constable issued a Stop Work Notice concerning the Town Trustees Wetland Permit ; (d ) On or about July 21 , 1987 , the Suffolk County Department of Health signed the survey confirming approval ( s ) under their jurisdiction ; (e ) On or about August 18 , 1987 , an application was submitted to the Building Department for a Building Permit , and a Building Permit was issued by the Building Department under No . 16340Z for the construction of a new single-family dwelling structure as shown by survey amended lastly May 29 , 1984 prepared by Roderick VanTuyl , P . C . and separate construction plans submitted therewith ; ( f) On September 3 , 1987 , this Board was notified and requested to review the subject Building Permit and necessity of a variance under the Provisions of Article XI , Section 100- 119 . 2 of the Zoning Code [see letter dated September 3 , 1987 ] from the owners abutting the subject premises along the west side ; (g ) On September 4 , 1987 , this office delivered a memorandum to the Building Department urging their immediate inspection and other reviews or actions necessary concerning this pending building permit and the coning code ; (h ) On September 4 , 1987 , a Stop Work Order Notice (referred to as "red tag" ) was delivered to the co-owner of the premises , Mr . Gambino , which read as follows : Page 3 - Appl . No . 3672 Matter of ANTHONY GAMBINO Decision Rendered December 10 , 1987 . . . NOTICE - Stop Work . There appears to exist a violation of zoning , Chapt . 100 on these premises , Article XIV , Section 100-143 . Please contact Building Inspector By AT ONCE regarding this matter . Architects , builders and owners are each responsible under law . Building Inspector ' s Office Town of Southold . . . . (i ) On September 4 , 1987 , the applicant obtained the necessary variance forms ; (j ) The Building Department file indicates that forms for the foundation were in place but concrete was not poured ; (k ) On or about September 11 , 1987 a second Stop Work Order was issued and the foundation has been poured ; (1 ) On September 14 , 1987 , a written Order to Remedy Violation was issued ; (m ) On September 16 , 1987 , this variance application was filed with this office . 7 . At the November 10 , 1987 public hearing , an Affidavit and an Affirmation in Opposition were filed questioning the following areas : (a ) Section 100-10 of the Zoning Code pertaining to nonconforming uses . Upon information and belief , this premises is to be utilized as a single-family dwelling . A single-family dwelling is a permitted use in this Zone District . If evidence is found to the contrary , a separate application should be filed in order to evaluate this position as required by law , after public hearing , et cetera . This application pertains to setbacks under Section 100-119 . 2 . (b ) Section 100-31 (A) of the Zoning Code pertain- ing to lot size . Upon information and belief , this premises is a substandard lot containing 19 ,200± sq . ft . in area , which does not conform with today ' s lot size requirement of 80 ,000 sq . ft. Town records show that the neighboring premises to the west (now of Esquirol ) was conveyed by Deed at Liber 6925 cp 354 on April 6 , 1971 and that the subject premises (Gambino ) was conveyed by Deed at Liber 6388 cp 08 on July 23 , 1968 to Burton and Anne Mason ; that on May 19 , 1974 Burton E . Mason had died testate , and that on October 16 , 1984 , the Gambinos acquired same from Anne Mason . Since both parcels were separated prior to the enactment of the minimum 40 ,000 sq . ft . requirement (November 1971 ) , and during the period of the 12 , 500 minimum sq . ft . requirement , this Board cannot acknowledge improprieties . without sufficient evidence . (c ) With reference to the statements concerning the N . Y . S . Department of Environmental Conservation , or f 1 Page 4 - Appl . No . 3672 Matter of ANTHONY GAMBINO Declsion Rendered December 10 , 1987 other agencies requiring Wetland Permits , this Board is without authority thereunder. 8. This is an application for an area variance where the standard is whether strict compliance with the zoning ordinance will result in "practical difficulties . " Although the Courts have not defined the term "practical dificulties , " in the Case of Wachsberger v . Michaelis , 19 Misc . 2d 909 , the Court said that the following matters should be considered : ( 1 ) how substantial the variance is in relation to the requirement ; (2 ) the effect , if the variance is allowed , of the increased population density thus produced on governmental facilities ; (3 ) whether a substantial change will be produced in the character of the neighborhood or substantial detriment to adjoining properties ; (4 ) whether the difficulty can be obviated by some method , feasible for the appellant to pursue , other than a variance ; (5 ) whether in view of the manner in which the difficulty arose and in consideration of the above factors , the inter- ests of justice will be served by allowing the variance . 9. In applying the above considerations to the facts in this case , the Board finds : (a ) that the variance requested is not substantial in relation to the require- ment , being a variance of approximately 20 percent , or 15 feet ; (b ) that there will not be an increase in popu- lation density by this variance and accordingly there will be no undue burden on available governmental facilities ; (c ) that the grant of this variance will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties ; (d ) the alternative available to appellant to this variance would be to remove the structure which exists , reduce the size of the dwelling structure , and apply for a building permit with setbacks in compliance with the zoning regulations-- it is true that the difficulties are self-created ; however , it it also true that the Stop Work Order ( s ) , as issued , did not comply with the procedures stipulated under Article XIV , Section 100- 143 of the Zoning Code ; (e ) in view of the manner in which the difficulties arose and in consideration of all the above factors , the interests of justice will be served by allowing the variance . Additionally , it is noted that ( 1 ) the circumstances of the property are unique ; (2 ) the relief requested is not out of character with the immediate area since there are similarly established setbacks from the ordinary highwater mark ; (3 ) significant economic injury would result if the variance is not allowed , particularly due to the manner of these events . Accordingly , on motion by Mr . Sawicki , seconded by Mr . Goehringer , it was RESOLVED , to GRANT a Variance from the Provisions of Section 100-119 . 2 B of the Zoning Code , in the Matter of the Application of ANTHONY GAMBINO under Appl . No . 3672 for a reduction of the setbacks from the ordinary highwater mark as shown on the Survey prepared by Roderick VanTuyl , P . C . lastly dated October 22 , 1987 , and SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There be no disturbance of land within 55 feet Page 5 - Appl . No . 3672 Matter of ANTHONY GAMBINO Decision Rendered December 10 , 1987 of the ordinary highwater mark (during or after construc- tion ) , except as may be required by other enforcing agencies to remedy any pending violation ; 2 . There be no surface water runoff into the creek areas ; all water runoff (including runoff from gutters , etc . ) shall be contained in storm drains or similar basins where necessary (and more specifically the east and south sides ) ; 3. If it is determined by the Building Inspector that construction does not comply with Chapter 46-Flood Plain Management Law of the Town of Southold , the property owner will be required to comply before further construc- tion takes place ; 4 . Proper application and issuance pursuant to law of a Building Permit for the structure as considered herein (which appears to be different from the survey/plans sub- mitted under Building Permit #16340Z ) , 5 . No further protrusion/reduction into the side or rearyard areas to include all ground or below-ground level construction ; 6 . No further reduction toward the ordinary high- water mark which would be seaward of the house and within 75 feet thereof (which will necessitate further reviews by this Board ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . GERARD P . GOEHRINGER, C IRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section . 267 of the Town Law and the Code of the Town of Southold , the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on TUESDAY , NOVEMBER 10 , 1987 at the following times.: 7 : 30 p.m. Appl . No . 3677 - ROBERT MOHR . Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of decks attached to dwelling with insufficient rear and front yard setbacks , and Article III , Section 100-32 for approval of accessory garage structure located partly in the sideyard' area . Location of Property : West Side of Wabasso Street , Southold , NY ; County Tax Map Parcel No . 1000-78-3-34. 2 . 7 : 35 p . m . Appl . No . 3675 - RICHARD .MULLEN , JR . . Va-riance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule , for permission to construct showroom addition with an insufficient frontyard setback from the north property line . Location of Property : Corner of Main Road .and the East Side of Cottage Place , Southold , NY ; County Tax Map Parcel No . 1000-62-3-20 and 19 . 7 : 35 p .m. Appl . 'No . 3674 - RICHARD MULLEN , JR. Special Exception to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule , for permission to construct addition for showroom use incidental to the existing car-sales business use in this "g-l " General Business Zoning District . Location of Property : Corner of Main Road and the East Side of Cottage Place , Southold , NY ; 1000-62- 3_19 and 20 . 7 :45 p .m . Appl . No . 3684 - WILLIAM AND VERA MOLCHAN . Variance to the Zoning Ordinance , Article III , Section 100- 32 , for permission to locate accessory inground swimmingpool , decks , and fence enclosure in the frontyard area ( in excess of 300 feet , from the front property line ) at premises located along the north side of Ruth Road (north of Sunset Drive ) , Mattituck , NY`; County Tax Map Parcel No . 1000-106-1 -3 . 7 : 50 p .m. Appl . No . 3514 GEORGE P . SCHADE . Variances to the Zoning Ordinance , Article' III , Section 100-31 , Bulk Schedule , for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road ) , Southold , NY ; County Tax Map Parcel No . 1000-78-7-42 . Page 2 - Notice of Hearings Regular Meeting - November 10 , 1987 Southold Town Board of Appeals 7 : 55 p . m. Appl . No . 3673 — NICK MIHALIOS . Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to locate inground swimmingpool , decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound . Location of Property : north side of The Strand, Lot #124 , Map of Pebble Beach Farms , East Marion , NY ; County Tax Map Parcel No . 1000-30-2-74. 8 :00 p .m . Appl . No . 3680 - LEONARDUS AND MARIE VANOUDENALLEN . Variance to the Zoning Ordinance , Article. III , Section 100- 31 , Bulk Schedule , for permission to construct addition to dwelling with an insufficient setback from the closest point of arc along the front property line . Location of Property : North Side of Sailors Lane (a private road ) , approximately 147 feet west of Little Peconic Bay Road , Nassau Point , Cutchogue , NY ; County Tax Map Parcel No . 1000-111 -14-7 : 8 : 05 p . m. Appl . No . 3683 - GEORGE L . PENNY INC . Variance to the Zoning Ordinance , Article XI , Section 100-119. 1 , for permission to erect fence in the frontyard area at a height not to exceed 62 feet . Location of Property : North Side- of Sound, Avenue (or North Road ) , and the South Side of C . R. 48 , (Middle Road) , Mattituck , NY ; County Tax Map Parcel No . 1000- 141 -3-38. 1 . 8 : 10 p .m . Appl . No . 3682 - GEORGE L . PENNY INC . /JERRY SHULMAN . Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to use existing storage- building for warehousing and storage of lumber and building materials and supplies , in conjunction with the existing lumberyard opposite Sound Avenue . Zone District : "C-Light Industrial . " Location of Property : South Side of Sound Avenue (or North Road ) , Matti - tuck , NY ; County Tax Map Parcel No . 1000-141 -3-41 . 8 : 15 p .m. Appl . No . 3678 - DAVID LaFRENIERE . Variance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule , for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line . Location of Property : Corner of Main Road and the West Side of Peconic Lane , Peconic , NY ; County Tax Map Parcel No . 1000-75-5- 10 . Zone District : " B- l " General Business . 8 : 20 p . m. Appl . No . 3671 - ANDRE AND THOMAS CYBULSKI . Variance to the Zoning-.-0r. d.inance , Article III , Section 100-30 (A) I Page 3 - Notice of Hearings Regular Meeting - November 10 , 1987 . Southold Town Board of Appeals for permission to utilize premises for book publishing operations , wholesale book storage , and updated 280-A approval over the existing private right-of-way for such use . Zone District: "A" Residential and Agricultural . Location of Property : West Side of Depot Lane , Cutchogue , NY ; County Tax Map Parcel No . 1000-96-5-1 . 2 and part of 1 . 1 . 8 : 35 p . m. Appl . , No . 3679 - ROBERT AND DOLORES SCHISSEL . Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands . per Article XI , . Section 100-119 . 2 . Location of Property : 710 West Shore Drive , Reydon Shores Map , Lot 9 ana part of 8 , Southold , �Y ; County Tax Map Parcel No . 1000-80- 1 -46 . 8 : 45 p. m . Appl . No . 3564 - JOHN DEMPSEY/ROBIN RAEBURN . Variances : (a) for final approval under New York Town Law , Section 280-A over the existing private right-of-way , and (b ) for permission to locate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound , per Article XI ,' Section 100-119 . 2 . Location of Property : Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction ) to the subject premises identified on the Suffolk County Tax Maps as District 1000 , Section 73 , Block 2 , Lot 3 . 6 (prev . 3. 4 and 3 . 5 ) . 9 : 00 p . m. Appl . No . 3672 . ANTHONY GAMBINO . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for approval of the construction of new dwelling with an insufficient setback from nearest tidal - wetlands and/or ordinary highwater mark along Deep Hole Creek . Location of Property :- East End of Lupton Point Road , Mattituck , NY ; County Tax Map Parcel, No . 1000-115- 11 -10 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing . For more informa- tion , please call 765-1809 . Dated : October 26 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ---------------------------------- ------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . ., 19 . Tof . . . . . . . . . . .. . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated .oTA . . . . . . . . . .1 19 �. . for pennit to construct . . .�..�J. at Location of Property . . . . . . . . . . . . . . . . . . . . . . . . . House No. � Street Hamlet. County Tax Map No. 1000 Section . . . . .11.6.. . . . . Block . . . . .//. . . . . . . . Lot /.() . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . XL .is returned herewith and disapproved on the following grounds ..... .. . ��. . . .. . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 TOWN OF SOUTHOLD PROP RTY RECORD CARS OWNER STREET VILLAGE DISTRICT -SttB:� LOT t -- T+'�U �/ I'H ? F �).'� dGG LjL-G' } n €`�a` G '•. G? FORM/ ER OW R N E ACREAGE r S nn W TYPE OF BUILDING SQ-J / RES. SEAS. VL. i FARM COMM. IND. I CB. MISC. LAND IMP. TOTAL DATE REMARKS ///Pl, l� 6 . �/ Q r% �' i �1p� O Cc7�5� &I-Q--i 't' c 4,w e.I i aGo AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE. Farm (.:. Acre Value Per Acre Value Tillable 1 Tillable 2 // � a� Tillable, 3 Wcodland Swampland BrUshland House Plot Toga I JP RTOWN OF SOUTHOLD, NEW YORK ro�'yc�o AM ilf PrEALOW9 4MIt.�r 007bUILDING INSPECTOR APPEAL NO. �Knt i. Town cl r � DATE September M, 19,87 - d3S Q ............... . ........... TO Tg5jj,0NING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, - .......ANTHONY_GA.TNO.. ..........................of ... Deep Dole„give........................................ Name of Appellant Street and Number Mattituck, Town of .Southold New York ....................:........................................................................ ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..1.63!+OZ:...................... DATED ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO . .ANTHONY .GAMBINO Name of Applicant for permit of Deep Hole Drive, Mattituck,. .New York 11.952'. .................................................................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ('X) BUILDING :PERMIT BY NOTICE .OF. DISAPPROVAL.`DATED SEPTEMBER 4, '1987 WITH RESPECT .TO PERMIT DATED 'g/1:8�877 NOTICE OF` REVOCATION'.OF PE IT 1. LOCATION OF TH PR ERTY" Lupa�a:i'.s..P.u:nt;.'�oad ..mitt: :tuck......-..'..A".Agricultural' & Street /Hamlet / Use District on Zoning Map District 1000 Section115 -Blockll Lot10 .M...o..p....N.. ................:.................................. ... ,Current Owner Ant hone Gambino Residential o. Prior Owner Burton' & Anne Mason 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section 100=119.2(B) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) M ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal I%W (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...........................,.......................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance (Section 100'—.119.2(B) is requested for the reason that applicant desires 'to construct a one—family dwelling on the .above—described :parcel at a distance of sixty (60)' .feet from Deep Hole Creek, a tidal body-of water. . -Section 100'—.119.2(b) of .the-Southold Town:Zoning Code':requires a seventy—five' (75) foot setback from tidal bodies of water. Because of the size and configuration of the property and the requirements of the Department of Health, a proposed. dwelling must be located such .that only a sixty (6'0)' foot .set back from .Deep Hole Creek is available. Form zs1 (Continue on other side) WlZ al i4 REASON FOR APPEAL Continued Je .1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because if the seventy—five' (75) foot setback is strictly��appiie,d it would be impossible to construct a dwelling on the property. ' As .the survey, submitted in support of this application and made a part hereof demonstrates, th"A,.-s ting of the proposed dwelling satisfies the. minimum front yard and side .yard requirements of the Zoning Code, while at a distance of. sixty (60) feet from Deep Hole Creek on the east. There is effectively no room to move the proposed dwelling toward the western property line. and, even if an adjustment in location were made, a variance from Section. 100..119.2B would still be required. There is noway to move the proposed dwelling toward the northern property line since the sanitary system is required to .be located there. Hence,' the proposed location of the dwelling is the only possible location. In addition, the.:applicant applied. for .and :received approval for construction from the Health Department, Department of Environmental Conservation, Southold Town Trustees, and the Building Department. Copies of the approvals are annexed hereto. In reliance thereupon, ,the applicant excavated and poured footings and a foundation prior to revocation of the Building Permit. The revocation of the Building Permit has caused and is causing applicant great hardship in that he has expended in excess of $15,000.00 to .date and is now prohibited from proceeding with _the work. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of_.this. property and in this use district because of the location .and dimensions of the property. . ;The property is located.at�.the .eastern tip of Lupton's.Point on the south side of Luptons Point Road iri :Mattituck, N.Y. , thereby creating two frontages .on the water - to .the south and to the east. This situation creates restrictive siting possibilities for a. dwelling due to .Health Department .requirements and .zoning .setbacks, as described above. _. All lots except one on Luptons Point are already improved by one-family dwellings. 3. The Variance would observe the spirit"of the Ordinance and WOULD NOT CHANGE THE CHARACTER -OF THE DISTRICT because .(a) the area is improved by residential structures and the proposed construction is consistent with this use; and .(b) the. area is bounded on both sides by Deep Hole Creek such -that all lots in the area .have water frontage. Many of ,the structures are as close. or closer to Deep Hole Creek -than the proposed dwelling,: particularly those on the north side of the point and the west `end of the south side of the point; and (c) The proposed dwelling is as :far from .Deep Hole Creek on the south as those on the adjoining .parcels so that there will be no interference with view. The variance is required only for the east side of the property; (d) The requested relief is not substantial in .relation to the requirements of the Zoning Code., STATE OF NEW YORK ss ................................ .. ....,.. COUNTY OF SUFFOLK. Signature Sworn to this ........... ..t ........................ day of............. Sap.tembes........................ 19.87 . JI.........&41... •\A.. /.W.^':1.................. Notary Public �y JrF1�31r 1 SUFFOLK CO.HEALI H.S. " --'!0'L. STATEMENT( THE WATER SUPPLY AN 7' 47i a oBr�:: r ! c hcG..'• �. li ry r_' �+ SYSTEMS FOR THIS r 7ddi-211i L4® , a 1Eracf, I"' ^ CONFORM TO THE 5 7-y, — SUFFOLK CO. DEPT. OF JA ^ APPLICANT ' _ M�� 'J SUFFOLK COUNTY tSt Q j i "•} l' I,: (,. SERVICES V ICES - " , 1 } I I TfJGK /U r CONSTRUCTION ONLY i1�LATT 0 �� DATE: H.S.REF.NO.. 1-+ Sj ,V APPROVED: u ! } k y� r� � r SUFFOLK CO.'TAX . 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Southold Town Board of' Appeals -28- December 22, 1977 sign, north side Main Road® Mattituck, New York, as applied for, subject to the following condition: -The sign shall be located at least 5 ' from Route 25 and at least 20 ' from the intersection of Route 25 and Legion Avenue, being the northeast intersection. Vote of the Board: Ayes: Messrs: Gillispie, -Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal Noo 2372 - 9 :20 P.M. (E. S.T. ) upon application of Joseph J. Frohnhoefer a/c rJoseph__A.- Esgdir.ol,,__ Jr. , 1350 Lupton Point Road, Mattituck, New York for a variance in ' accordance with the Zoning Ordinance, Article III , Section 100-32 for permission to .construct accessory building in . front yard area. Location of property: Lupton Point Road, Mattituck, . New York, bounded on the north by Right-of-way, M. Kelsey; east by B. Mason; south by Deep Hole Creek; west by B. Mason. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspaper, and disapproval from -the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mrs. Burden E. Mason; Mr. Mel Kelsey. Fee paid - $15. 00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Is Mr. Esquirol here? (There was no response. ) JAMES MITCHELL: I 'm here in place of Joseph Fr_ohnhoefer. THE CHAIRMAN: How close does he want to place this garage, do you know? JAMES MITCHELL: To what, the road? THE CHAIRMAN: Yes . JAMES MITCHELL: 15 ' from the road and the east boundary line, 5 ' from that. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response. ) After investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in front yard area, Lupton Point Road, Mattituckr New York. The i Southold Town Board of Appeals -29- December 22 , 1977 findings of the Board are that the neighborhood has many residen .es - - which' have the same problem. � The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship; created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Joseph A. Esquirol, Jr. , 1350 Lupton Point Road, Mattituck, New York, be GRANTED permission to construct accessory building -in front yard area, Lupton Point Road, Mattituck, New York, as applied for, subject to the following condition: The building shall be located at least 15 ' from the front yard line and at least 5 ' from the side yard line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2371 - 9 :25 P.M. (E.S .T. ) upon application of JoAnn Talbot, Nassau Point Road, Cutchogue , New York for a variance in accordance with the Zoning Ordinance , ,Article III , Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York; Lot 12 , Map of Nassau Point Properties, Cutchogue, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Bernard Goeler; John H. Walters. Fee paid - $15 . 00. THE CHAIRMAN: This is a lot located in an area which has adjoining lots with similar difficulties . Is there anyone present who wishes to speak for this application? WILLIAM JACOBS - I 'm the contractor for JoAnn Talbot. It' s a similar situation where garages are in the front yard. It ' s well set back, approximately 150 ' to the garage from the road. Garages in the neighborhood are that way being waterfront property. THE CHAIRMAN: The full depth of the lot on one side is 3851 , the other side is 3471 . There ' s a note here, "probable garage 3 ' off northerly side. " WILLIAM JACOBS : I had it staked out. FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR.,Vice-President t1'RM` . TELEPHONE (516)765-102 JOHN M. BREDEMEYER, III ® ' JOHN L. BEDNOSKI, JR. �o� HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road . P.O. Box 728 Southold, New York 11971 August 26, 1988 Mr. Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road, P. O. Box 1424 . . Mattituck, New York 11952 Re: Anthony Gambino - 1000-115-11-10 Dear Mr. Ross: The following action was taken by the Board of Town Trustees during their regular meeting held on August 25, 1988 regarding the above matter. WHEREAS, the Southold Town Trustees personally viewed and are familiar with the premises of Anthony Gambino; and WHEREAS, THE Board has carefully considered all the testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at the East end of Lupton Point Road, Mattituck fronting on Deep Hole Creek. 2. The property is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 10. 3 . In consideration of this request, the Board finds: (a) The project will not adversely affect the wetlands of the Town. - (b) The project will not weaken or undermine the lateral support of other lands in the vicinity; Now, Therefore Be It _ RESOLVED to GRANT a WAIVER of the Wetland Ordinance in accordance with Article II, 9.7-20 (B) , in the matter of Daniel C. Ross on behalf of Anthony Gambino to install two 4 ' (high) by 8 ' (wide) dry wells on his property located on Lupton' s Point, Mattituck. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. -2- Very.. truly yours, 1 Frank A. K jawski, Jr. President Board. of Trustees FAK:ip cc: Board of Appeals Bldg. Dept. Anthony Gambino file Please be advised that there is a $25.00 fee for this waiver at this time. . ATTORNEYS AT LAW 'II 41,E IMAY 1 9 8 U1� 142 JORALEMON STREET U BLDG. DEi�7 BROOKLYN. NEW YORK 1 1201 TOWN OF SOlf1'I�OW ` — (71 8) 875-51 99 855-5684 855-6866 May 18, 1988 Town of Southh,o3d Building Department Town Hall Southhold, New York 11971 Re 1450 'Lupton Point Road Mattituck .New York Section 115 Block 11 Lot 10 - _ - F , ' ''Our client, the Honorable. Joseph-'A. Esquirol, Jr. , residing at. 1350 . Lupton Point,Road, Mattituck, New York, has brought to our attention that Anthony Gambino is constructing a .deck adjacent to his house. This is a violation of paragraph 3 of the resolution in Appeal No. 3672, dated September 16, 1987. Please issue proper cease and desist order. Very truly yours, COMPOSTO & LONGO MARCO A. LONGO, JR. MAL:om 'i Southold Town Board of Anneals all MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ZIP TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January. -1 2 , 1 98 8 Eric J . Bressler , Esq . Wickham , Wickham & Bressler , P . C . Main Road , Box 1424 Matti tuck , NY 11952 Re : Appl . No . 3672 - Anthony Gambino (Variance ) Dear Eric : Please find. enclosed for your records a copy of the recent response of the Suffolk County Department of Planning in accordance with our referral . under the Suffolk County Administrative Code . Yours very truly , Linda F. Kowalski ' Board Secretary Enclosure COUNTY OF SUFFOLK Patrick G. Halpin SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING 360-5513 January 5, 1988 Town of Southold Zoning Board of Appeals Applicant: Anthony Gambino Mun. File No. : 3672 S.C.P.D. File No. : SD-87-34 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that appropriate mitigating measures will be set forth to preserve the integrity of Deep Hole Creek. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK 11788 (51 6)360-51 92 ' i I1 jx,j� ��"�e �,if•4 i � 5� ti Southold Town Board of AmDeals V� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant 't*o Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XI Section 100-119 .2 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3672 Applicant : Mr. Anthony Gambino Location of Affected Land : Lupton Point Road, Mattituck, NY County Tax Map Item No . : 1000- 115-11-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally- Owned La,i Boundary of Existing or Propos.ed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . approval of COMMENTS: Applicant is requesting Vgf Abj %tk) the (-On±x_ c-t-ion of new dwelling with an ins uffi c i Pni- setback frnm naarpp j: Copies of Town file and rel•a•ted documents enclosed for your review. Dated : December 24, 1987 f r ;3b Southold Town Board of Appeals {f fil h �- ry�� `� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. December 21 1987 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Eric J . Bressler , Esq . Wickham , Wickham & Bressler , P . C . Main Road - Box 1424 Mattituck , NY 11952 Re : Appl . No . 3672 - Anthony Gambino (Variance ) Dear Mr. Bressler : Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board -of Appeals , the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable . Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802 ) if you have any questions . Yours very truly, GERARD P . GOEHRINGER _CHAIRMAN Enclosure Copy of ,Decision to : Building Department By Linda Kowalski Marco A. Longo , Jr. , Esq . Suffolk County Planning Commission TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 Appl. No. 3672 Applicant (s) Anthony Gambino Location of Property: East End of Lupton Point Road, Mattituck County Tax Map ID N. 1000 - 115 - 11 - 10 Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Sawicki and Doyen. Absent was: (None) also present were: Victor Lessard (Building Dept. ) Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. The Chairman opened the hearing at 10:10 o 'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated December 22, 1981 and updated on October 22 , 1987 indicating this foundation which is in a little excess of 10 feet to the west property line; at its closest point 35 feet and 35.43 from the right-of-way and approximately--60 feet from the high water mark of Deep Hole Creek. AndI have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to speak? Mr. Bressler. MR. BRESSLER: Eric..Bressler, Wickham, Wickham and Bresser, P.C. Main Road, Mattituck, New York for the applicant, Anthony Gambino. We are here tonight before the Board. somewhat out of sequence and I 'm sure the Board is aware. We are here tonight out of sequence to discuss the hardship that whch. has befallen Mr. Gambino in con- nection which his construction onl.the property. Briefly, as I 'm sure the Board is aware, .. I will relate the history of Mr. Gambino ' s attempts to build on this property. Mr. Gambino retained experts, The Land Use Company to obtain the necessary permits to consturct on this lot on Lupton' s Point. The Board is aware. It is the last lot on the south side. A very nice and scenic location on the end of Lupton ' s Point. He went out, and as the Board can see from the exhibits, he got the Department of Environmental Conservation ap proval to construct within 60 feet of the wetlands of Deep Hole Creek. He went and got Health Department approval for his water and sanitary systems. He went to the Town Trustees and. he got ap- proval to put his house within 60 feet of Deep Hole Creek. And then, through the Land Use Company, he went to the Building Depart- ment and said; - I 've got everything don 't I and they said yes you do. Here is your building permit. They gave him his building permit and he commenced work. He excavated, He poured footings. He set forms. and he poured a foundation all before revocation of his building permit. It ' s come to our attention and we are before the r Page 2 - November 1987 w` Public Hearing - Ai ony Gambino Southold Z.B.A. MR. BRESSLER (continued) : Board because of Section 119 . 2B which imposes on the applicant the requirement to come to the Zoning Board of Appeals for a variance because he' s within 75 feet of Deep Hole Creek. Essentially the same application that we made to the Trustees to ' building within 75 feet of the wetlands. And here we are. Mr. Gambino purchased the property some number of years ago and then he embarked upon getting his permits. He then expended substantial sums of money performing work pursuant to the permits which he had been granted. And you will hear later from Mr. Gambino, concerning the magnitude of the sums which he expended to improve his property before the error was:;discovered by the Building Department. They came down, issued their notices and now we're before the Board asking for re- lief. Now, with respect to the property itself, the Board will note from review of the survey that Mr. Gambino' s house is tucked up nice and close into the corner of the property. He has main-: tained. minimum sideyard setbacks and he' s maintained setback from the right-of-way in accordance with the zoning code. The sanitary systems pursuant to the Health Department requirements, have to be set up there tucked between the house and the right-of-way. That' s the only place they can be consistent with the Board of Health re- quirements for the well placement there to the south of the proper- ty which you can see on your survey. So what we are faced with here is a situation where Mr. Gambino' s house is where it is and that's the only place that this house can be. . Were Mr. Gambino to attempt to move -it westward, he would be faced.,_with a,.variance. of the zoning ordinance to be too ,close to the sideyard and we certain- ly don't want to do that. Were he to attempt to move his house north toward the right-of-way, he would run into a Board of Health problem of building over his cesspools. He certainly couldn't move the property to-'. the east because then he would be closer to the Creek. And to move it south, wouldn' t afford him any relief either because he'd still have the distance problem. If he were to attempt to shrink his house down by 15 feet, in order to comply strictly with the zoning ordinance, he'd be left with a house with virtually no width. In short, what he's stuck with, is this location as has already been approved by all the other Boards and there' s basically no place else for it. So what we're asking for is the 60 feet which he has been granted and which he commenced construction in connection with the house. Now, with respect to the uniqueness of this hardship, I think a review of the survey and the tax map show- ing the surrounding properties, demonstrates the unique problems that Mr. Gambino has encountered in connection with this particular parcel. He does have water to the south and to the east, thereby, creating a serious problem for him in locating his house. Clearly, putting a house there is going to be consistent with the character of the neighborhood. I 'm sure the Board is aware that it is -resi- dential in nature. There are houses on virtually every other lot. . Many of which are closer to the water. And certainly, putting his house here would not do violence to the character of the neighbor- hood: Now, there is one other problem that I'm going to address because I know that the Board is concerned about this. And that is the exact sequence of events that took place surrounding the issuance of the Building Department's permits, purported stop works, etc. Now, as I previously stated to the Board, Mr. Gambino obtained -Page 3 - November 1987 Public Hearing - Ai ony Gambino Southold Z .B.A. MR. BRESSLER (continued) : a building permit from the town and he went out and he excavated and he poured his footings and the forms were up and thedready.-mix truck was there going around and around and the special pump was there, the troughs for the concrete were in place and a representa- tive from the Building Department showed up and said you've got to stop. Mr. Gambino said; what are you talking about? Here are all my permits. Well, we made a mistake. He said, what am I going to do about the concrete truck? What am I going to do about my forms? And as you' ll hear from him momentarily, it would have cost him a whole lot of money to tear down those forms, take the special pump away, bring the forms back and pour at some later date. If that were even possible this season. Now, I would di- rect the Board' s attention to the process issued by the Building Department in connection with this matter. I don't know whether the Board has before it the purported stop work issued by the Building Deparment.. CHAIRMAN GOEHRINGER: The Board has that. If you have a clearer copy, we' ll take it. MR. BRESSLER: I have the red copy. It doesn' t show up too well on the ,xerox but I will hand it up. . . . CHAIRMAN GOEHRINGER: We' ll give it back to you. MR. BRESSLER: . . .so that the Board can determine what exactly happened in connection with this case. Well, there it is. I would invite the Board 's attention to Section 100-143 of the zoning ordinance. That section of the zoning ordinance requires that a stop order shall be in writing and shall state the condi- tions under which the work may be;.resumed:. I:' think it. i.s s:elf-'.evi- dent from review of that document, that it fails completely to comply with Section 100-143. It does not state the conditions under which the work may be resumed. It states nothing concern- ing what this applicant had to do or under what conditions he could resume the work. Under those circumstances, I do not be- lieve the Building Department was correct in revoking his build- ing permit on the grounds that he violated a stop work order. I think it is clearly not sufficient in light of the zoning ordinance. And I think in light of the financial hardship that you're going - to hear from Mr. Gambino, he was entirely justified in doing what he did. He did not violate the stop work order and he did what he had to do to protect his investment. I would ask the Board to take into account that Mr. Gambino did just about everything that a reasonable person could do. He didn' t try to do this him- self. He hired experts. They went out and they got the permits. He got all his permits. As we all know, a building permit is the last one in line. And when you get that, away you go and that' s what he did. That' s why I started the presentation by saying we have -come to you out of sequence. Here we are. ffhe man is. stopped. And I might add, that since the building permit was revoked and we have gone in and talked to the Building Deparment and told them there would be no further work even prior. to revocation. He has Page 4 November ? n - 1988 Public Hearing - Ai ony Gambino Southold Z .B.A. MR. BRESSLER (continued) : not been able to backfill. With the frost coming on, he's going to be in big difficulty if he doesn't get backfille6 and then get his construction going during the winter, ' And now, I will ask Mr. Gambino to step up and tell you a little about the finances regard- ing this parcel. Mr. Gambino, perhaps you can tell the .Board what you p4id for the property and what you put into the property, so far and what it represents.. MR. .GAMBINO: I purchased the property in 1983 in October and I paid 40 thousand dollars for it. And as of,.:-now between legal fees, I've spent 29 thousand 400 and 66 dollars between going through and getting all my proper permits and applications. MR. BRESSLER: And how much of that represents expenditures after the issuance of the building permit prior to the issuance of the revocation? MR. GAMBINO': As of August ll,when the building permit was then issued to me, the figure stands at 22 thousand, 350 dollars. ' That is between surveys, permits, excavation, architect fees. " MR. BRESSLER: This is the amount you expended in connection with the permit and thereafter. Is that right: MR. GAMBINO: That's right. MR.... BRESSLER: Now, you were told at the time the concrete man was there that it was going to cost you some money for you to stop at that point. Would you describe to the. Board what that was please. MR. GAMBINO: The concrete man had his forms already set, they were already up, the steel was in, all the jams were in, the hooks were in and I had a pump there which cost 800 dollars a day because I ordered the pump. I didn' t want to knock any trees down alongside the house. I couldn't swing the truck around. MR. BRESSLER: And it was the purpose of this pump to permit the truck to remain at a distance and pump the concrete in so you would not destroy the lot. MR. GAMBINO: That' s right. And he said to me that if he had to remove everything and come back again, it would cost 6, 400 dollars out of my pocket in excess of all of the other expenses that I have. MR. BRESSLER: And were you able to afford that additional expense? MR. GAMBINO: Well, at this point, I would say no. -Page 5 - November 1987 Public Hearing - A: ony Gambino Southold Z .B.A. MR. BRESSLER: Thank you Mr. Gambino. I would urge the court, the Zoning Board, in the strongest possible peramus, to grant this man' s application. It's obvious what happened to him. He pursued his permit applications deligently. He started his work that he believed to be entirely legally and he ran into this problem. And I feel that he' s entitled to this variance and I would ask you to give it your consideration please. CHAIRMAN GOEHRINGER:'. Is there anyone else who would like to speak in favor of this application: Would the gentleman come forward who would like to speak against the application. MR. LONGO: My name is Marco A. Longo, Jr. We are the attorney for the Honorable Joseph A. Escrow,. 'Jr. and Susan F. Escrow who are the neighbors immediately abutting the property on the west. I have an affidavit by the Escrows and I have an affirmation which I would like to give to the Board at this point. As. stated in the affidavit by the Honorable Joseph Escrow and Susan Escrow, among the purposes of the zoning law which is set forth in 100-10 which is exhibit (1) finding the affidavit in our position. The gradual elimination of non-conforming uses is listed in Section 100-10F. On August 9 , 1983, Section 100-31 which is exhibit (2) of the af- fidavit, of the zoning laws, was amended. More particularly, as pertaining to this application in Section 100-31A which now permits single family- dwellings on lots with an -area of less than 40 ,000 square feet; provided (of course) certain requirements are met. The lot which this variance is sought -is less than 40 ,000_. square feet. In fact, the lot is approximately 20 ,000- square feet. Con- ceeding that this zoning regulation was eroded by law, it was none- theless eroded.by this amendment of August 9, 1983 . The applicant here is taking advantage (of course) of this particular erosion. Now the application asksathe Board to further erode the zoning regu- lations by requesting a variation of Section 100-119 . 2B which is exhibit (3) in the affidavit. And this is to permit the erection of his dwelling with a setback of 60 feet which is 200 less than the required 75 feet. The applicant himself has already explained. to the Board that he did in fact pour the foundation walls after the stop order was issued. If you look at the application or the work that was done which is depicted in the two photographs attached to the affidavit, you can see that the longest exterior wall is the wall that actually encroaches on the 75 foot setback require- ment. There's been no attempt to even flip over the building so that the encroachment can be diminished at least in the pockets shown on the application. And this entire exterior wall extends the 15 feet into the setback requirement. The applicant has stated that he, .in fact, had a wetland permit. And of course, he retained professionals to get this wetland permit for him. What we ask the . Board to do is examine Section 661-10 of the Department of Environ- mental Conservation laws which is attached as exhibit (3) and see how or if it were possible that this applicant '(in fact) met the burden of proof put upon him under this section of the Environ- mental Conservation Law. The requirements are extremely stringent and how he could have possibly met--those requirements , escapes (at least) your speaker here tonight. And in conclusion as far as the affidavit is concerned, for the reasons that are set forth in the affidavit, Susan F. Escrow and the Honorable Joseph A. Page 6 - November 1n 1987 Public Hearing - A ony Gambino Southold Z .B.A. MR. LONGO (continued) : Escrow, Jr. respectfully request that this application for a vari- ance be denied. The affirmation that was put before you was my personal affirmation. I 've already stated who I am and of course, you know I'm here in opposition on behalf of the Escrows to the granting of this variance. And examining the documents and what has transpired here in the past, I ask the Board to possibly con- sider the questions set forth in my affirmation. And that is; the applicant has stated here tonight that he took' title to the property in 1983. We ask the Board to determine when did he first get an option to take title to this? Secondly, why was the date or how did the date get kind of deluted on the deed, a copy of which is attached to my affirmation. Another thing, how come the deed was filed more than a year later if he (in fact) took title in October of 1983? Why was it filed in 1984? What was his re- lationship to this property? Was it possible that he had an op- tion and he was sitting and waiting for favorable rulings on the zoning regulations. And if that is so, is he a proper party that the legislatures had in mind when they enacted the section of the zoning ordinace which permitted an individual person to build on a building lot of less than 40,000 square feet? Is he such a per- son? We ask the Board to consider this. In addition to that, at- tached to my affirmation are copies of two letters from the attorney for the applicant. I ask the Board to read those letters and to ascertain for themselves what was intended by the applicant by such letters.' And again, I would request that this Board deny the application for a variance. CHAIRMAN GOEHRINGER: Yes sir. I was just reading the last two letters. I have nothing at this particular point. Than you sir. MR. BRESSLER: Yes Mr. Goehringer. I would certainly like the courtesy of being mady privy to what has been submitted on behalf of the objectants and certainly be given a reasonable opportunity in writing to 'read it and respond to it. CHAIRMAN GOERINGER: I was going to suggest that we recess this hearing until the next regularly scheduled meeting in an attempt to have our attorney look at. the document also. If the Board so desires or whatever the situation is and whatever questions we might have that may require either of you or of Judge Escrow. MR. BRESSLER: Not having seen the affidavit and affirmation, I am unclear as to what additional oral testimony could enlighten the Board with respect to the arguments raised. What I 've heard is absolutely nothing, quite honestly. I 've heard a question raised concerning the date of transfer. I think that's completely irrelevant. When he got it, he got it. He duly applied _for his permits. I don' t see that that' s an issue at all. With re- spect to the issue that was raised with respect to the long wall, it seems so evident that I even hesitate to take the Board' s time. But it seems obvious that this long wall shown by the surveyor, is roughly 60 feet along its entire_ length. And were Mr. Gambino to twist and turn his dwelling, no matter where that corner fell, he would still be 60 feet. In fact, I'm sure the Board has in its possession, an earlier survey demonstrating that a twist of Page 7 - November 1987 Public Hearing - A cony Gambino Southold Z.B.A. MR. BRESSLER: the proposed house, 45 or 60 degrees counter clock- wise, would,'-not make the slightest bit of difference. We still have the 60 foot problem. Is there anything to the Board's know- ledge, contained in this affidavit or affirmation which can't be answered in writing? If that's the case, I would certainly agree with you that the hearing should be recessed. If there's nothing, that can't be addressed in writing, then I would respectfully re- quest that I be given an opportunity to answer it in writing and have the matter submitted. I'm just not sure what further testi- mony is going to do here. I haven't heard anything in opposition other than the fact that they don' t want this particular relief granted. I would say in that regard, that the Trustees ' approval that I furnished you with reflects the fact that. there is no ob- jection at the Trustees' hearing. So you can take that for what it's worth. ATTORNEY BRESSLER (at this time) REVIEWED THE AFFIDAVIT AND AFFIR- MATION AS SUBMITTED BY ATTORNEY LONGO PREVIOUSLY. MR. BRESSLER: I'm prepared to respond to this at this time and have you close the hearing. CHAIRMAN GOEHRINGER: Go ahead. MR. BRESSLER: I 'd like to address the affidavit in opposition first. Certainly I Have no dispute with the copies of the zoning ordinance which are annexed to the affidavit in opposition. They are what-'.they are. I think it's clear that .we: have the one remaining lot. (There may be one other. ) on Lupton' s Point and this is what we got and the Board is aware of what -the size of the lots on'-Lupton' s Point are I think it' s somewhat tongue and cheek for the objectants to come in and say; well, gee, this lot is undersized. Every lot on Lupton' s Point is undersized and we all know that. That' s the character of the neighborhood. The applicant has acted in bad faith. Concrete footings were installed, the forms for the foundation were all over the place. Yes, we did it. We had a valid building permit .at the time and that's beyond dispute, as' we've .explained. The excavation was done and the footings were done and it' s beyond argument that those were done in reliance on the building permit. I think you've got hardship right there without looking any further. An attempt to minimize the encroachment, we've been to every Board save this one and it wasn' t our fault and we're here now. We have permits _ from the D.E.C. We have permits from the Trustees. We've got per- mits from the Health Department. We put it where we felt we had to put it and it' s not a castle as you can see from the survey. It' s a house well in keeping with the size of other dwellings on Lupton' s Point. Finally, the point in the affidavit that we must seek a permit not only for the Building Department but for the D.E.C. , we have it. We met their requirements. If the objectants think there is a problem with D.E.C. , they have their remedies. We have supplied you with a copy_ of the permit and I think that' s the end of that argument,.-before this Board. Turning now to the affirmation Page 8 - November "' 1987 Public Hearing - A .ony Gambino Southold Z .B.A. MR. BRESSLER; (continued) : in opposition, options to purchase, dates of deeds; completely irrelevant and a complete smoke screen. The applicant bought the property. He told you what he paid and he told you the money he spent on it. Options are absolutely irrelevant. Now, with respect to the letters, gentlemen, the letters of August 4th and November 2nd which are attached to this affirmation. Let me say in closing, that it pains me greatly that the objec- tant has chosen to bring this ugly and sordid matter before the Board. And out of respect to. the people involved and this Board, you will note (most significantly) that the applicant did not bring these matters up and drag anybody through the mud and it wasn' t our intention to do that. And I have several comments with respect to letters that the objectant has placed before this Board. First of all, I think they are totally irrelevant to this proceeding. Secondly, I think the Board can see from the comments contained in Mr. Wickham' s letter of August 4th and November 2nd, that there has been an ongoing dispute between these people. Although it pains me greatly to do it, I'm going to have to bring to the Board' s attention the nature of the dis- pute that' s been going on between these people. There 'seems to be, based upon the record and based upon the appearance here to- night, .a concerted effort that this man not get his relief and build his house there. I would suggest to the Board that the letters which were sent and attached to this affirmation which was commissioned by our client, Mr. Gambino and was sent by Mr. Wickham at the behest of Mr. Gambino because of the problems that he is having with the objectant. And if the Board requires further details concerning the personal animosity between these parties, I'll put Mr. Gambino up here for two minutes and you' ll hear all about it.because it has been raised by the objectant. I had no intention to do that--.tonight. But if the Board requires allucidation on the meaning of these letters and the Board con- siders it significant, I'd ask for two minutes to have Mr. Gam- bino tell his story. If the Board tells me on the record now, that it deems that irrelevant and it doesn' t want to get into personalities, then so be it and that portion will be stricken from the record. Gentlemen, what's your pleasure: CHAIRMAN GOEHRINGER: We never want to get involved in personali- ties sir. MR. BRESSLER: That' s fine. Then I' ll take that to mean that as far as that's concerned, that's not a legal argument before this Board and I would prefer not to put testimony before the Board. CHAIRMAN GOEHRINGER: I 'm not determining if it' s le,zral or not legal at this particular time because I'm not in the particular position to do so. I would say that personalities will not play a factor. ,Page 9 - November 1 " 1987 Public Hearing - Ar any Gambino Southold. Z.B.A. MR. BRESSLER: In light of your ruling, I: ask for two minutes then for Mr. Gambino to explain -the nature of the letter and that will conclude my proof. Again, I state it is with great hesitation and pain that I do this. Mr. Gambino. The objectants; Joseph and Susan Esquirol have put into evidence the letters of August 4th and November 2nd as written by William Wickham to the Judge and Mrs. Esquirol and con- cerning the problems you've}-_had. Have you had a personal problem with these two people? MR. GAMBINO: Yes I have. To start off with, I can' t help that my name is Gambino. Judge Esquirolsaid to me a number of times that I was either connected or I was related. And I also have witnesses, three of them in fact that they heard slanders against me. I even went to the:-Police Department (I believe) on April 17th when Ray . Nine, (that was the last incident) was clearing up the property with me and he went up to him (Ray Nine) " I- was the one that fire- bombed his house and threatened his kids." I went right to the Po- lice Department and reported it and I went to Mr. Wickham. In: fact, I had a letter. MR. BRESSLER: Was it true? MR. GAMBINO: Definitely it was true. MR. BRESSLER: Was the accusations he made concerning you, true? MR. GAMBINO: No. They're not true. MR. BRESSLER: Alright. I think the Board has_,heard absolutely enough on that. MR. GAMBINO: And I have two other witnesses. What Mr. Wickham said to me. . . MR. BRESSLER: Well, let' s not get into that. That's just a little bit of the flavor and I don't intend to spread the rest of it in front of the Board. But the objectants has raised this and they put these letters into evidence and they've raised the question as to what this is all about. Now you've heard what it' s all about and I have nothing more to say on that issue. MR. LONGO: Just a brief comment in rebuttal. If protecting one' s legal rights, is a harassment, then our entire social system fails. And if good faith is not part of any application or. any remedy.- of law or otherwise, then again, our system fails. CHAIRMAN GOEHRINGER: Hearing no further comment, I' ll ask -.the Board if they have anything they'd like to say. MR:. LESSARD: Mr. Chairman, I'd like to ask through the chair if I could ask Mr. Gambino a couple of questions? S Page 10 - November " . 1987 Public Hearing - AY Dny Gambino ' Southold Z ,B.A. CHAIRMAN GOEHRINGER: Only if Mr. Gambino is willing to answer the question. Are you willing to answer any questions from the Build- ing Department? MR. GAMBINO: I feel very aggravated and I feel very upset. CHAIRMAN GOEHRINGER: I understand. MR. GAMBINO: I think we've gone further then I thought we would tonight. MR. BRESSLER: Perhaps if we hear the nature of the questions , I might be able to discuss it with Mr. Gambino. MR.__LESSARD:. . I would ask Mr. Gambino, through the chair, if after he got the stop order, that he came into my office and we discussed it before he poured the foundation. I'd ask him if he did that? MR. BRESSLER: I think that on behalf of Mr. Gambino, Mr. Chairman, I think we have satisfactorily set forth the sequence of events con- cerning this matter. The excavation, the pouring of the footings and the nature of the purported stop work that was issued. And I don't think that any further testimony or questions on this matter would be helpful. I think under the circumstances, Mr. Gambino has had just about enough. I'm sorry, Mr. Chairman. MR. LESSARD: Then I' ll make a statement from the floor. We've heard a lot about the Building Department tonight and it certainly wasn' t in a rosy atmosphere. When Mr. Gambino was given his stop ordertbe- fore his foundation was poured, his daughter and he came into my of- fice. . We discussed it. I explained it to him and he said fine. He went and poured the foundation and he realized it would cost money and so did I but he was willing to go that route. Now, when he went back to the site on the advice of his attorney on some technicality, he poured that foundation. Now, he mentioned that since he's had. his permit, it's cost him 29 thousand whatever. I would like the Board to find out exactly how much of that money was spent after on the legal advice he was given to ignore the stop order. And I think you'll find that a majority of that 29 thousand lies there after his attorney felt he knew more than the town on law. And that's the way the proper sequence. And if we look into further on the submission and what was actually put down, you may find it two different ani- mals also. MR. BRESSLER: Mr. Chairman, before the witness steps down, . . . . CHAIRMAN GOEHRINGER: I don' t know if he'll answer a question. You can address the Board with a question. I have no idea. Just the way he addressed the situation. Go ahead. Address the Board. MR. BRESSLER: First of all. . . . Page 11 - November " , 1987 Public Hearing - Ar Dny Gambino Southold Z .B.A. CHAIRMAN GOEHRINGER-. I can not voluntarily force anybody to answer a question Mr. Bressler. MR. BRESSLER: First of all, I would like this card introduced into evidence. And secondly, I think the question from the Board to this witness ought to be; does this comply with Section 100-143 of the zoning ordinance. That's the question. The argument has been made. I think it' s clear from the reading of the statute that this pur- ported stop work is not a valid stop work order. And what- Mr. Gam- bino did and what advice he was given and the conclusions that this witness has drawn based upon no personal knowledge whatsoever, are a matter for this Board to consider. And I would offer this up in evidence and respectfully direct the Board's attention to Section 100-143 and have the Board put the question to Mr. Lessard as to where in this purported stop work it states the conditions under which the work may be resumed as required by the ordinance. CHAIRMAN GOEHRINGER: I apologize. Are you Mr. Longo. MR. LONGO: Yes. Before the Board considers posing the question tb:,the prior witness, I am surprised at council. He is asking the Board to illicit a legal opinion from a Building Department member. And of course, he knows it' s an improper question and it should not be put. MR. BRESSLER:- I would just like to point out to the Board in deter- mining whether or not to put this question to the Chief Enforcement Officer of the zoning ordinance. A man who is charged with knowing the code and enforcing the code. Whether that's proper-or improper, is totally up to you. To determine something is a mere technicality' when it works against you, is something I think ill befits anyone, either in a town position or as a lawyer. The 'law is the law and it' s applied even handedly. And if you don' t comply, -you don't com- ply. If you comply with the ordinance, you comply with the ordinance. We're here tonight asking for a variance. I've put the evidence in. I live it up to the Board. CHAIRMAN GOEHRINGER: Mr. Longo, you had something else to say. MR. LONGO: Mr. Chairman and members of the Board. It's a propos- terous situation. Council knows for every writing, there are at least 15 volumes of cases explaining the legal significance of the writing. CHAIRMAN GOEHRINGER: Mr. Lessard, I thank you for your testimony. I:; thank everybody for their courtesy. I have never asked a town official to illicit any response that he or she did not want to illicit. Therefore, at "this. particular point I' ll make a motion closing the hearing, reserving decision until later. All in favor - AYE. SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD, SUFFOLK .COUNTY, -NEW YORK ----------------------------------------------x ANTHONY GAMBINO, Applicant, Application No. 3672 and AFFIRMATION IN OPPOSITION HON. JOSEPH A. ESQUIROL, JR. , and SUSAN F. ESQUIROL, Opponents. -----------------------------------------------x MARCO A. LONGO, JR. , an attorney duly admitted to practice law in the State of New York, hereby affirms under penalties of perjury: I am associated with COMPOSTO & LONGO, ESQS., attorneys for the Opponents in the within matter, and am fully familiar with the facts and circumstances set forth herein, and submit this Affirmation In Opposition to granting to the Applicant a Variance to the Zoning Ordinance, Article XI, Section 110-119.2 for approval of the construction of a new dwelling with an insufficient set back from the nearest tidal wetlands and/or ordinary high water mark along Deep Hole Creek. In addition to .the considerations set forth in the Affidavit In Opposition submitted by the Hon. Joseph A. Esquirol, Jr. and Susan F. Esquirol, Opponents, your affirmant respectfully requests that this Board consider the following questions in reaching its decision: Did the Applicant have an option to purchase his premises prior to August 9, 1983 possibly in contemplation of the amendment to §100-31A of the Zoning Law; If so, is this Applicant a person contemplated by the legislators- as qualifying under § 100-31A to build on a lot with an area of less than 40,000 square feet; ' S What is the significance of the unclear date on his deed and the acknowledgement thereon (attached hereto); What was the Applicant's intent in sending the letters, by his attorney, dated August 4, 1987 and November 2, 1987 (attached hereto); and Will the Applicant be able to meet his burden of proof as set forth in §661-10 of the Environmental Conservation Law to obtain the necessary Wetland Permit in addition to the Building Department Permit? And further requests that this Application for a variance be denied. MARCO A. LONGO, JR. , ES . Dated: November 10, 1987 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 516-298-5300 DANIEL C.ROSS August 4, 1987 Honorable and Mrs. Joseph A. Esquirol Lupton Point Mattituck, New York 11952 Dear Judge and Mrs. Esquirol : The Gambinos have come to me several times recently, in addition to the number since they acquired the Mason property. They have given me many examples of your abusive conduct to them, both directly and otherwise. They can no longer tolerate it. This is to advise you that unless this conduct ceases immediately and completely, I shall have no alternative than to report you to the Commission on Judicial Conduct and take whatever action is necesssary. Very . ru4yo , WW:al W'1 i I I i i i LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM' _" NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 516-298-5300 DANIEL C.ROSS November 2,. 1987 Honorable and Mrs.. Joseph A. Esquirol Lupton Point Hattituck, NY 11952 Dear Judge and Mrs. Esquirol; This is the last warning regarding your interference with Mr. Gambino and his building program. Just one further instance will precipitate action, .the extent of which you could not anticipate. Very tr y yours, Wi ckha / WW;emu , ©197E JULIUS BLUMBERG, INC. STATE OF NEW YORK, COUNTY OF ss.: I, the undersigned, an attorney admitted to practice in the courts of New York State, ❑ Certification certify that the within 0 By Attorney has been compared by me with the original and found to be a true and complete copy. ° ❑ Attorney's state that I am m Affirmation the attorney(s) of record for in the within action; I have read the foregoing Y and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, under the penalties of perjury. Dated: ----------------------------------------...................................... The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF ss.: I, being sworn, say: I am o Individual in the within action; I have read the foregoing m ❑ Verification and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. n a Corporate the of ❑ Verification a corporation and a party in the within action; I have read the foregoing and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and I am an officer thereof. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Swornto before me on 19 -------------------------------------------------------------------------------- The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF SS.: (If both boxes are checked—indicate after names,type of service used.) 1, being sworn, say; I am not a party to the action, am over 18 years of age and reside at On 19 1 served the within x ❑ Service by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care m By Mall and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: Personal by delivering a true copy thereof personally to each person named below at the address indicated. I knew each person ❑ service on served to be the person mentioned and described in said papers as a party therein: v Individual s ca Swornto before me on 19 ----------------------------................................................... The name signed must be printed beneath •OS3 `09NO'1 18 OlSOdWC Application No. 3672 Index No. Year 19 SOUTHOLD TOWN BOARD OF APPEALS, TOWN OF SOUTHOLD, OF FOLK COUNTY, NEW YORK ANTHONY GAMBINO, Applicant' and HON. JOSEPH A. ESQUIROL, JR. , and SUSAN F. ESQUIROL, Opponents AFFIDAVIT IN OPPOSITION COMPOSTO & LONGO, ESQ. Attorneys for Opponents Office and Post Office Address, Telephone 142 JORALEMON STREET BROOKLYN, NEW YORK 1 1201 (718)855-5684 To Attorney(s)for Service of a copy of the within is hereby admitted. Dated, ---------------------------------------------------------------------------- Attorney(s)for Sir:—Please take notice ❑ NOTICE OF ENTRY - that the within is a(certified)true copy of a duly entered in the office of the clerk of the within named court on 19 ❑ NOTICE OF SETTLEMENT - that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, Yours, etc. COMPOSTO & LONGO, ESQ. Attorneys for To Office and Post Office Address Attorney(s)for 142 JORALEMON STREET BROOKLYN,NEW YORK 1 1201. 3901-JULIUS BLUMBERG.INC.,LAW BLANK PUBLISHERS.NYC 10013 Cp klmat NAM 9�oe-a go )1P 1o04Z Sow O=.d rah Co.,r m.1a=.fi Crawo%i Aci.-ir4m"or Co'Da.wa i.nj:.$he*) NS COULT YOUR LAWYER sE/ORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RE USED NY LAWYERS OWY. THIS IND£.NTURE.made the 16 day of Cke+'s'aL nineteen hundred and eighty— : t.. BETWEEN ANNE C. MASON, .. J �.•sg off' '1dR V►J L¢s10Q.� '�' R7� ; �(Ci�c�, -tioc�c�, . party of the first part.and ANTHCKY GAMBINO and GRACE GAISM, his tai;4F both residing at 85 Deep Hole Drive Mattituck, New York 11952. �y �rty of the second part. �1✓ NITNESSETH,that the party of the first part. in consideration of Ten Dollars and other valuably con. sideraticin paid by the patty.if the second pan.does hereby grant and release unto the party of the second fart.the heirs ctr saiecessors and assigns of the party of the second pan forever. IV ALL that certain pica.piece.a parcel of land.with the buildings and improvements thereon erected,situ- ate.lying and beta IMM at Mattituck, in the Town or Southold, County of Suffolk and State of Now York, being bound and described as follows: DIST. BEGINNING at a point on the Southerly line of a 20 foot private road 1000 distant 1418.07 feet Easterly from the corner formed by the inter- section of said southerly line of said '20 'foot private road and the SEC. Easterly line of Marratooka Road; 115.00 RUNNING THENCE North 79 degrees 45 minutes 10 seconds East, along the Southerly line of said 20 foot private road, 120 feet to the ELK. ordinary high water mark of Deep Hole Creek; 11.00 RUNNING THENCE along the ordinary high water mark of Deep Hole Creek, the following tie line courses and distances: LOT JIj South 11 degrees 27 minutes 50 seconds East 57 feet 010.000 2 South 10 degrees 47 minutes 10 seconds West 123 feet 3 South 65 degrees 16 minutes 10 seconds West 79.60 feet to land now or formerly of Remington, formerly of Perkins; RUNNING THENCE North 10 degrees 14 minutes 50 seconds West along said last mentioned land, 191.70 feet to the Southerly line of said 20 feet private road at the point or place of BEGINNING. TOGETHER with a non-exclusive easement of ingress and egress in, to, and over the private road, 20 feet wide, from the above described premises out to Marratooka Road. and to Deep Hole Creek. BEING the same premises conveyed by deed dated July 23, 1968, to Burton E. Mason and Anne C. Mason, his wife, and recorded in liber 6388 page 08, the said Burton E. Mason having died testate a resident of Suffolk County on May 19, 1974. TOGETHER with an easement 3 feet by 3 feet square for drilling a well and for accessory piping on other land of the party of the first part, situated westerly of the premises herein conveyed; said easement being bounded on the North by the 201 right of way, on the East, South and West by other land of the party of the first art; the Northeasterly corner of said easement being located 101 westerly of the northwesterly I corner of land of Joseph A. Esquirol, Jr. and Susan F. Esquirol. TOGETHER with all right.utlr and interest.if any.of the party of the first pan of.in and to any streets and toads abutting the aMnrdrscribed premises to the center lines thereof:TOGETHER:with the appur• lenance%and all the estate and rights of the parry of the first pan in and to said premises.TO HAVE AND �? TO HOLD the premises herein granted unto the party of the second part.the heirs or successors and assigns of the party of the second part forever. AND the party of the first pan covenants that the party of the first pan has not done or suffered anything whereby the uid premises hasc been encumbered in any way whatever.except as aforesaid. iAND the party of the first part.in compliance with Secticm O of the Lien I.aw.covenants that the party of the first lure will receive the consideration for this conaeyance and will hold the right to receive such con- \ sideralicm as a oust fund to he applied first for the purpose of paying the coat of the improvement and will apply the same first in the p.iy meni of the cost of the improvement before using any part of the total of the same for any other purpose. The word•'pany"shall be construed as if it read"parties"whenever the seasc.of this indenture so requires. IN WITNESS WHEREOF duly executed this deer tie day and year first above written. lo�gZ IN PRESENCE OF: Rr+i OCT 19 tit Anne C. Mason •i , �Q;;fvTY LM 'p j!<MLTULCW or 51110F0/4 M iTATS OF NLM Yam.COUNTY OF Sal Oe the fi day of OC"a-rK :98 ,before me On the day of 19 .before sx ar0-py, rna personally came Anne C. Mason • 1 to arse knows to be the individual described in and who to rin known to be the individual described in and whey, exeqccuted the (or/Toi instrument, and acknowledged that executed the foregoing instrument, and acknowledged that 8[ie e111= exsrutsd the saw. v 11111' 41llty rip tC.slow of No VW 41w 52-90WO 1, p dleas N Cwdd p1 _ Tom IL d(r STATa(W MM TOM COUNTY or Mi sTATa OF NEW TOM COUNTY OF sw On the day of 19 ,before the On the day of 19 .before etv personally castle came to mlkrwws,wb,h+rr<h'eta duly sworn.did depose sand subs i►i!K witnaa to the facgaisK ist"ruwwt. with say that he Fee"at No. whom 1 am persommy acquainted. who, being by roe duly sworn.did depose and say that he resides at No. that he is the ' of that be knows ' the corporation described in and which executed the foro;oisg iastrumers;that he is be the individual knows the real of said corporation: that the seat affixed described in and who execrttd the (ttregoictg irptrtttsertt; to said instnxnent is such corporate seal: that it was so that be, said nbserrkiag witless, was present wad saw affixed by order of the board of directors of said corpora- a xamw she saame:set that be.said witnA1s, lion.and lbat he signed h none thereto by tike order at the tallest Host adscriid h Y1as M wimes Mscreso. Vargatn allb Balt Birth SECTION WIM t urI NAaT AGAss,l G.A\T4111%Agri - aLOCx LOT. 1111 F No UH:NT1'Olt TT1wW ANNE C. MASON TO ANTHONY GAMBINO ItITEIRN BY MAIL TO: stoma"sae of Mw VOW scan OF nrte tanlaealrrn Q,,,;,W.d Wickham, Wickham & Bressler, P.C., Main Road P. 0. Box 1424 Mattituck, NY 11952 rvr•eT4ten title """""Ca Cf1peow Att: William Wickham, Dolls. north cast region • .f.wb.�7�4 I W11.I+nr rw....,rr fo..pew 1 O 87 a #4 Call a CD PIP P C c y SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ------------------------------------------------x ANTHONY GAMBINO, Applicant, APPLICATION NO. 3672 and AFFIDAVIT IN OPPOSITION HON. JOSEPH A. ESQUIROL, JR., and SUSAN F. ESQUIROL, Opponents -------------------------------------------------x The HON. JOSEPH A.ESQUIROL, JR. , and SUSAN F. ESQUIROL, by their attorneys, COMPOSTO & LONGO, ESQS., submit this Affidavit In Opposition to granting to the Applicant a Variance to the Zoning Ordiance, Article XI, Section 110-119.2 for approval of the construction of a new dwelling with an insufficient setback from the nearest tidal wetlands and/or ordinary high wate mark along Deep Hole Creek. The Opponents are owners, by the entirety, of the premises known as 1350 Lupton Point Road, Mattituck, New York 11952 and reside therein. Their property abuts the lot for which the variance is sought. Among other purposes of the Zoning Law set forth in §100.10 (Exhibit "l") , the gradual elimination of non-conforming 'uses is listed in §100..1OF-. . On August 9, 1983 §100-31 (Exhibit "2") of the Zoning Law was amended. More particularly, as pertaining to this Application, §100-31A now permits single family dwellings on lots with an area of less than 40,000 square feet, provided that other requirements are met. THE LOT FOR WHICH THIS VARIANCE IS SOUGHT IS LESS THAN 40,000 SQUARE FEET, IN FACT, THE LOT IS APPROXIMATELY 20,000 SQUARE FEET. l I Conceding that the zoning regulations were eroded by law, they were nonetheless eroded by the amendment of August 9, 1983. The Applicant here is taking advantage of this particular erosion. Now the Applicant asks this Board to further erode the zoning regulations by requesting a variation of §100-119.2B (Exhibit "3") to permit the erection of his. dwelling, with a SET BACK OF 60 FEET, 20% LESS THAN THE REQUIRED 75 FEET. Further, the Applicant has acted in bad faith. Concrete footings were installed and forms for foundation walls were placed. The building permit was revoked and a Stop Work Order was served at approximately 1:00 P.M. on September A, 1987. With blatant disregard of the Stop Work Order, the applicant poured the foundation walls (Exhibit "4") and stripped the forms. Examining the work done, it becomes apparent that the applicant has made no attempt to minimize the Encroachment into the required set back. In fact, the configuration of the building is such that the longest exterior wall encroaches 15 feet into the required set back throughout its entire length. In conclusion, even if this Board decides to grant this application for a variance, the Applicant must be issued a permit not only from the Building Department but also by the Department of Environmental Control. The standards for issuance of permits by the D.E.C. are set forth in §661.10 (Exhibit "5") of the Environmental Conservation Law. There exists a grave doubt, if not an outright impossibility, that the Applicant herein can meet the burden of proof placed upon him by §661.10 of the Environmental Conservation Law. For the reasons herein set forth, SUSAN F. ESQUIROL and the HON. JOSEPH. A. ESQUIROL, JR. , respectfully request that this Application for a variance be denied. Dated: November 7;., 1987 Respectfully submitted, COMPOSTO & LONGO, ESQS. 142 Joralemon Street Brooklyn, New York 11201 (718) 855-5684 STATE OF NEW YORK) )SS COUNTY OF KINGS ) We, HON. JOSEPH A. ESQUIROL, JR. , and SUSAN F. ESQUIROL, being sworn, say: we are the Opponents in the within action; we have read the Affidavit In Opposition and know the contents thereof; the same is true to our own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. \vw.V-JA HON. JOS PH A.. ESQUI L, JR. SUSAN F. ESQUIROL Sworn to before me this 7th day of November, 1987. NO ARY PUBLIC MARCO A. MiNGO, JR. Notary Public, State of New York 'No. 30-2338326 !Qualified in Nassau County Commission Expires Oct. 31, 19.61 § 100-9 ZONING § 100-10 § 100-152. Notice of proposed change of zone classification. Bulk and Parking Schedule [HISTORY: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4.8-58 and 11-23-71. Sections 100.13, 100-20G, 100.30B(7)(a), 100-30B(9)(a), 100-30C, 100-70A(l), 100-90A(22), 100-121C(2)(i), 100-141J(5), 100-144B and 100-145 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where ap- plicable.) GENERAL REFERENCES Housing—See Ch. 52. Subdivision of land—See Ch. A100. ARTICLE I General Provisions § 100-9. Title. f Added 2-1-83 by L.L. No. 2-19831 This chapter shall be known and may be cited as the "Southold Town Zoning Code." § 100-10. Purposes. There is hereby established a comprehensive zoning plan for the Town of Southold,which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following, among others: A. The facilitation of the efficient and adequate provision of public facilities and sen-ices. B. The assurance of adequate sites for residence, industry and commerce. C. The provisions of privacy for families. 10005 4-ss-83 EXHIBIT 71" Page 1 of 2 § 100-10 SOUTHOLD CODE § 100-12 D. The prevention and reduction of traffic congestion so as to promote efficient and safe. circulation of vehicles and pedestrians. E. The maximum protection of residential areas. F. The gradual elimination of nonconforming uses. G. The enhancement of the appearance of the Town of Southold as a whole. H. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. I. The fostering and protection of agriculture and fisheries. J. To make provision for,so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor. [Added 2-1-83 by L.L. No. 2-1983] : § 100-11. Conflicts. A. Where a provision of this chapter conflicts with or imposes a different requirement from any other provision of this chapter, the provision or requirement which is more restrictive or which establishes the higher standard shall govern. B. Where the provisions of this chapter conflict with or im- pose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern. § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-19731 All of the lots on the following subdivision maps shall be ex- cepted from the lot area and lot width requirements of this 10006 4-s5-83 EXHIBIT ".1" Page 2 of 2 § 100-30 ZONING § 100-31 30B(2), (3), (4), (6), (7) and (10) hereof, not more than thirty-two (32) square feet in area, located not less than five (5) feet from any street or lot line. (f) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. (7) [Added 5-29-73] Yard sales, attic sales, garage sales, auction sales or similar-type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be con- ducted on any lot in any one(1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on-premises sign not larger than three by four (3 x 4) feet in size, displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). § 100-31. Bulk and parking requirements. [Amended 8-9-83 by L.L. No. 9-19831 No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District, unless the same conforms to the following bulk and parking requirements: A. In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single- family dwelling ma}, be constructed thereon, provided that 10027 20-zs-as EXHIBIT "2" Page 1 of 3 § 100-31 SOUTHOLD CODE § 100-31 the requirements of Column A of the Bulk and Parking Schedule incorporated into this chapter are complied with.' B. The bulk and parking requirements for single-family dwell- ings, as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter, shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. (Amended 10-4-83 by L.L. No. 10-19831 (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single-family.dwell- ings set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwell- ings set forth in Column A-160 of the Bulk and Parking F.dltor'% Vote: The Bulk and [larking Schedule to Included at the end of this chapter. 10028 10-25.83 EXHIBIT "2" Page 2 of 3 § 100-31 ZONING § 100-31.1 Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps'which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. § 100-31.1. Relief from bulk and parking requirements. (Added 104-83 by L.L. No. 11-19831 A. Findings. (1) On May 16, 1983, the Town Board enacted Local Law No. 7-1983, which increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its ef- fective date of May 20, 1983.t (2) On August 9, 1983, the Town Board enacted Local Law No. 9-1983,' which excepted certain subdivision maps from the lot area, width, depth and yard re- quirements specified in said Local Law No. 7-1983. (3) The Town Board has now ascertained that there exist many owners of land who had expended time and money in the preparation of subdivision maps con- forming to the zoning requirements in effect prior to May 20, 1983, but, due to circumstances beyond their control, were unable to have such subdivision maps approved by the Planning Board prior to May 20, 1983. (4) The Town Board finds that, in such instances, it would he inequitable to require such land owners to conform Editor'% Vote.: See the Bulk and Parking ;schedule, located at the end of thl• chapter. ' Editor's Note: S" § I(lo.yl. 10028.1 to.23-83 EXHIBIT "2" Page 3 of 3 § 100-119 SOUTHOLD CODE § 100-119.2 § 100-119. Corner lots. (Amended 2-1-83 by L.L. No. 2-19831 On a corner lot, front yards are required on both street front- ages, and one (1) yard other than the front yards shall deemed to be a rear yard, and the other or others, side yards. No obstruction to vision exceeding thirty (30) inches in height above curb level shall be erected or maintained at street intersections within the triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersection. § 100-119.1. Fences, walls and hedges. [Amended 5-29-73; 2-1-83 by L.L. No. 2-19831 Subject to the provisions of§ 100-119, fences, walls, hedges or other live plantings within five (5) feet of the property lines may 'be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front yard property line, the same shall not exceed four (4) feet in height. B. When located along side and rear lot lines, the same shall not exceed six and one-half(6�/2) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight-(8) feet in height. § 100-119.2. Building setback from water bodies and wetlands. [Added 3-26-85 by L.L. No. 4-1985] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots ad- jacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) All buildings located on lots adjacent to Long Island Sound, and upon which there exists a bluff or bank landward of the shore or beach, shall be set back not less 10054 2.25•85 EXHIBIT "3" Page 1 of 2 § 100-119.2 ZONING § 100-121 than one hundred(100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to Long Island Sound shall be set back not less than one hundred (100) feet from the ordinary high-water mark of Long Island Sound. B. All buildings located on lots adjacent to tidal water bodies other than Long Island Sound shall be set back not less than seventy-five (75) feet from the ordinary high-water mark of such tidal water body or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. C. All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five(75) feet from the landward edge of the freshwater wetland, which- ever is greater. ARTICLE XII Board of Appeals § 100-120. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. § 100-121. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: (Cont'd on page 10055) 10051.1 2-25-h5 EXHIBIT `T' Page 2 of 2 .i i� PA2,T 6 61 TIDAL TWETI.-UND- S - LAtiD USE REGuLV"1ONS (Scatuto=y aut`:ority: Environmental Conservation Law § §1-0101, 3-0301 and 25-0302) Sec. .661. 1 Purpose of this Part 661. 2 :indir_o s 661. 3 Applicability 661. 4 Definitions 661.5 Use guidelines 661. 6 Development restrictions 661. 7 Uses not requiring a pert or notification letter approval 00:. 8 Noti.==Cation letter requirn.�ents 66L. 9 Permit recuirenents 661. 10 Standards for issuz-ice of permits 66i. 11 Conditior_s to a permit 661. 12 E_cistino land use a_--d develc-oWent 661. 13 Vaz4A-a ices 661. 14 Notification -letter jroced=es 601. 15 Application for a pe=it 661. 16 :Notice c-- oeari"ng 661. 17 Statzen=s by public OOi . 18 P-,bZi c hearing ; decisions aster public ^:Sc=4_^:ram^ ; decisions w-itncut public hearings 661 . 19 Notice of decision to o_arlt or da=7 661 . 2� Ralatic:ship to SEQR azd t1he Freshwater 'e7e-1 a_.ds Act 6c1. 21 Pending, Wo_ator=L: p? c-T]�-C=_=CT.'_S 6 6 i . 22 •-at=ca of p e=its 661 . 23 Bond 661. 246 ticd==ica=ion o= perZts and' dec:s_cns 661 . 25 Revocation cr Susoens_cn of ae=—t 66'_ . 26 Det?=.:=n at�o:� t �= l�_c'.s do of _._ solve Zcme Cr ccc'stal Shoals , bars or =_ats Ov^ G7 l n'7?n::Gr7 =.=TP . 7.--te =-c e a.:ci a-en Em-3 XaaS=ar-Ent assessment 60_. _`� /j�C ':�C�_ lciij a:-.0 _ _.1S::4 S CO_. 3� 0t Laws and Cis . e=4 :s c_ G:C_ovc_s _ - C7••c_en _ - v . _ _ EX14IBIT "5" Page 1 of 8 661. 9 661. 10 -35- type of area involved. (b) Not-withstanding the provisions of subdivision (a) Of this section, where a regulated activity is proposed for an adjacent area, where such activity is not a presumptively incompatible use or incompatible use for adjzcent areas under section 661.5 of this Part, and where the regional permit administrator determines that such regulated activity will meet all of the development restrictions contained in section 661. 6 of this Part and that such activity will not directly or indirectly substantially alter or impair the natural condition, function or values of any tidal wetland, the regicnal permit administrator shall treat the proposed activity as an activity requiring a notification letter under sections 661. 8 and 661. 14 of this Part; and such activity shall not require a permit under this Part. Section 6061. 10 standard s for issuance of permits . (a) Burden .of proof. The applicant shall have the bu den of establishing that the applicable standards of this section will be met. (b) Standards for permits on any tidal wetland. (1) Cveral? standards . The department shall iss`e a permit foz ? proposed =egLlared ac=44 Cn dry -cam_ wetland orlj If _t is deter_mined t t he ?=oposed act_ 7. EXHIBIT 115" Page 2 of 8 i 661. 10 -36- (i) is compatible with the policy of the Act to preserve and protect tidal wetlands and to prevent their despoliation and destruction in that such regulated activity will not have an undue adverse impact on the present or potential value of the affected tidal wetland area or adjoining or nearby .tidal wetland areas for marine food production, wildlife habitat, flood and hurricane and storm ` control, cleansing ecosystems, absorption of silt and organic material, recreation, education, research, or open space and aesthetic appreciation, as more particularly set forth in the findings in section 661. 2 of this Part, taking into account the social and economic benefits which may be derived from the proposed activity; (ii) is ccmpatib le with the public health and welfare; (iii) is reasonable and necessary, talking into account such factors as reasonable alternatives to the proposed regulated activ:t--y and the degree to which the activity requires water access or is water dependent; (iv) complies with the development restric- tions contained in section 661. 6 of this Part; and (v) complies with the use guidelines cor_- ta-4"--ed in section 661.5 of this Part. if a proposed regu- lated activity is a presL^pt_vely _comoatible use under sue l section, ere SA_all be- a ores-=p==ca th at the oropcsec EXHIBIT "5" Page 3 of 8 661. 10 -37- regulated activity may not be undertaken in the subject area because .it is not compatible with the area involved or with the preservation, protection or enhancement of the present or potential values of tidal wetlands if undertaken in that area. The applicant shall have the burden of overcoming such pres,,mlption and demonstratL--2g that the proposed activity will be compatible with the area involved and with the preservation, protection and enhancement of the present and Potential values of tidal wetlands. If a use is a type of use listed as an incompatible use in the use guidelines for the area involved, it shall not be undertaken on that area. . (2) Formerly connected tidal wetland. In addi- tion to the standards contained in paragraph one of this subdivision, the department shall issue a permit for a regulated activity on a formerly connected tidal wetland only if it is determined that the proposed activity will be consistent with the possible future restoration of any Portion of the tidal wetland adj o_ning or surrounding the Project site to its original condition. (c) Standards for permits on adjacent areas . The dePar=ent shall issue a permit for a proposed regulated acti'%=ty .. an adjacent area only if it is dete--m.Wed that t=e Proposed reg„i ated activity : (,l) is cc^natib e1 �� PLC he _L Cr-` EXHIBIT. "5" Page 4 of 8 661 . 10 -JO- (2) c--=pli.es with the development restrictions centaized in section 661. E of this Part; (3) will not have 'an =due adverse iyract on the Present or pcten tial value of any adjacent cr nearby tidal wetland for --arie food production, wildlife habitat, flood and hu_x-ricane and storm control, cleansing ecosystems , absorption of silt and organic material, recreation, educa- tion, research or open space and aesthetic appreciation, ta'_,ig into account the social and economic bene=its which ::ay be derived from the proposed activ=t7; and (4) complies with the use g-tz-4delin es contained iz section 661.3 of this Part. If a proposed activity is a �_es=ptively incompatible use for adjacent areas tnder such section, t ere shall be a Ares=pticn t:at the proposed activity may not be undertaken on the adjac�.rt area because is not ccnpat_b?e *wit.'- the preser.7atica, p_otecticaor', o ' enhance-_e== of the present and potential values of tidal wetlands if u=_dertacen is th at area. The a:.cllca_t shall �.ave tie b=den of CVe_CCII?ig suc3 p:esl_—_-.tiC.. a"ld d on- st_a__ g that t16--e proposed regulatec'_ acti-r=t;7 will be CC-Dat=Jle wit'.-_ the prese_vation, protection and enh-=ce=e^.t C= ,.:2 �'c52 `. andCC`.=^r�:.31 values C= `idal :2�1c:'_ds . := 2 ::52 is a t%^_e of use _:s`-ad, as ;=- iicc—a`ible .:se, it s;_all n c t on ad- ace== =ea. EXHIBIT "5" Page 5 of 8 661. 10 -39- (d) 4"iotice of acquisition. Written notice by the department to an applicant proposing a regulated activity, ar written notice to the department from the state or any agency or subdivision thereof, that the state or any such agency or subdivision is in the process of acquiring the tidal wetland or adjacent area on which the proposed regu- lated activity would be located by negotiation or condem- nation shall be sufficient basis for denial of a permit for such regulated activity. Such notice may be provided at any . time prior to the depa_—=tent' s decision to issue or deny a Perm- it for a regulated activity. (e) in dete_=fining whether the standards contained in ' tubd�visions (b) and (c) of this section will be fulfilled by a proposed regulated activity, the depart:m- ent may in its disc_etio: consider any .proposal made by the applicant is his application to enhance the existi=lg values served by a wetland on or in the vicinity of the site of the proposed regulated activit; or to create and susta" new wetland values i. o: in the vicesity of the s_te of the proposed =egulate3 provided such proposal relates to ar. area that is or will be regulated under this Part. M Ir. any case i which an act_vit; is srecif_ed as a ,-,.se noc =2=L'-r it a Cr 'noc'"ca`_c-n lat e=— a z-�rovaCD use ro f_ at:_on ?ztte= r ecuii aC (GG..; ur-dez sectic-a 661. 5 buz -a—'res a EXHIBIT "5" Page 6 of 8 661. 10 661. 11 -40- t=su t to ti=1e 3 of article 13 of the enviz-o=ental conse_zat_cn law, the standards of t^is Part w{11 be applied ii the department' s review of such activity under article 15 . Secticn 661.11 Conditions to a Permit. (a) Amy pe=_t issued pursuant to t-is Part may be issued with *cor_ditions . Such conditions may be attached as are necessary to assure the preservation a-+d protection of a=--*cted tidal wetlands and to assure corr?ia=ce w4th the Policy ana provisions of the Act and the standards and pzavisic:_s CZ' this Cb) _�.ery pe_=.i_ _ssued pt:-suznr _o ----s Pa=- s` - , �_i cc_ta_.z the f0110"win= conditions : (1) the department shall =-,;re r�o Clu i:sped t4he Project rrcm tiWe to time; (2) t e ae=it shall e_{?'__e cm a date ce_ta.4--. • an d (3) he pe ;-c?de: sha'_1 mot;=7 the =egiona i pe---it a' Jt=G�J_ c� �L .'he date OTC S hic, project coL'strua- t_c= is tC begiz, at least dads 11'1 d-;'a'.Ce cf Such date. (C) ._l Per _:: issued : zS—u^ to t -S Paz-- ma'i :He '`'�_d2- - --ti--o C- -�-e c:`.:0=_ze,- =20 ' a::ad -' -- • Cr- a Ce;_CG --aS_S =S S=eC; =- a� - :::a - - EXHIBIT 115" Page 7 of 8 I 661. 11 661. 12 661..13 of issuance of the permit. Such permit shall contain a' condition requiring q a the permittee to notify the regiona'I Perm- it admi:istrator at least fourteen days in advance of each occasion upon which the permitted activity will be conducted. Section 661. 12 Existing land use and development. (a) No provision of this Part shall be deemed to prohibit or require the reaoval of any land use and develop- ment, including any structure, lawfully in existence• cii the effective date of . this Part. (b) The development restrictions in section 661. 6 :shall not be deemed to require a variance for the repair, restoration or rebuilding, in whole or in part, of any, sc ucture or facility lawfully in existence on or a=teT the effective date of this Part, although such repair, res'tora- tion or rebuilding activities may be subject to the notifi- cation letter or Pewit requirements of this Part; provided, no such repair, restoration, or rebuilding shall increase any existing non-coop liance with the provisions of that s ection. Sect;Oil 661. 13 Var_«,ces . ;��:er` there are practical di;=_cu'_c,as t e wa-r o- t__e p=o-;_sf ors cf section 661. '6 c= 8 of EXHIBIT58 'OS3 °00NO-1 )8 O.LSOdWO'. Application No. 3672 r Index No. Year 19 SOUTHOLD TOWN BO . OF APPEALS TOWN OF SOUTHOLD, UFFOLK COUNTY, NEW YORK ANTHONY GAMBINO, Applicant and HON. JOSEPH A. ESQUIkOL, J,R., and SUSAN F. ESQUIROL, Opponents AFFIDAVIT IN OPPOSITION COMPOSTO & LONGO, ESQ. Atiorneysfor Opponents Office and Post Office Address, Telephone 142 JORALEMON STREET BROOKLYN, NEW YORK 1 1201 (718)855-5684 To Attorney(s)for Service of a copy of the within is hereby admitted. Dated, ---------------------------------------------------------------------------- Attorney(s)for Sir:—Please take notice ❑ NOTICE OF ENTRY that the within is a(certified)true copy of a duly entered in the office of the clerk of the within named court on 19 ❑ NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, Yours,etc. COMPOSTO & LONGO, ESQ. Attorneys for To Office and Post Office Address 142 JORALEMON STREET Attorney(s)for BROOKLYN, NEW YORK 1 1201 3901-JULIUS BLUMBERG.INC..LAW BLANK PUBLISHERS.NYC 10013 ©1978 JULIUS BLUMBERG, INC. STATE OF NEW YORK, COUNTY OF sa.: I, the undersigned, an attorney admitted to practice in the courts of New York State, x ❑ Certification certify that the within By Attorney has been compared by me with the original and found to be a true and complete copy. ❑ Attorneys state that I am Affirmation the attorney(s) of record for ain the within action; I have read the foregoing and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as r' to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: l I affirm that the foregoing statements are true, under the penalties of perjury. Dated: ------------------------------------------------------------------- ------------ The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF SS.: I, being sworn, say: I am ❑ Individual in the within action; I have read the foregoing 19 Verification and know the contents thereof; the same is true to my own knowledge, except as to :o the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. 0 a Corporate the of +� ❑ Verification a corporation and a party in the within action; I have read the foregoing and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and I am an officer thereof. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Swornto before me on 19 -------------------------------------------------------------------------------- The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF SS.: (If both boxes are checked—indicate after names,type of service used.) I, being sworn, say; I am not a party to the action, am over 18 years of age and reside at On 19 I served the within x ❑ service by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care By Mail and custody of the U.S.Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: Personal by delivering a true copy thereof personally to each person named below at the address indicated.I knew each person a Service on Individual served to be the person mentioned and described in said papers as a party therein: ca Sworn to before me on 19 -------------------------------------------------------------------------------- The name signed must be printed beneath 1 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD,P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 �i MORTGAGE OFFICE ERIC J.BRESSLER ABIGAILA.WICKHAM 516-298-8353 516-298-5300 DANIELC.ROSS (� October 21., 1987 Southold Town Zoning Board of Appeals . Town Hall - Main Road Southold,. NY . 11971 Re: ` Application'of'Anthony'.Gambino for.'Xdt iance .Gentlemen: In accordance with Mr'. Goehringer`s,.letter of Septemberl7, 1987, we enclose six prints of .the .revised survey in connection with the above-referenced application. We. understand ,that .this .matter will .be placed on the- agenda for .the November 10,'. 1987 .meeting. Thank you for your cooperation in this '.matter. Very truly your s, ►�� . 1ksl�' Ellen M. Urbanski Legal Assistant /emu encls. (HAND: DELIVERED) TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 Appl. No. 3672 Applicant (s) Anthony Gambino Location of Property: East End of Lupton Point Road, Mattituck County Tax Map ID N. . 1000 - 115 - 11 - 10 Board Members present were: Chairman Goehringer P. Goehringer, j Members : Grigonis, Douglass, Sawicki and Doyen. Absent was: (None) also present were: Victor Lessard (Building Dept. ) Linda Kowalski, Z .B.A._ Secretary and approximately 20 persons in the audience. The Chairman opened the hearing at 10:10 o 'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated December 22 , 1981 and updated on October 22, 1987 indicating this foundation which is in a little excess of 10 feet to the west property line; at its closest point 35 feet and 35.43 from the right-of-way and approximately-60 feet from the high water mark of Deep Hole Creek. AndI have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to speak? Mr. Bressler. MR. BRESSLER: Eric..Bressler, Wickham, Wickham and Bresser., P.C. Main Road, Mattituck, New York for the .applicant, Anthony Gambino. We are here tonight before the Board. somewhat out of sequence and I 'm sure the...Board is aware. We are here tonight out of sequence to discuss the hardship that whch has befallen Mr. Gambino in con- nection which his construction on1.the property. Briefly, as I 'm sure the Board is aware, I will relate the history of Mr. Gambino ' s attempts to build on this property. Mr. Gambino retained experts, The Land Use Company to obtain the necessary permits to consturct on this lot on Lupton' s Point. The Board is aware. It is the last lot on the south side. A very nice and scenic location on the end of Lupton ' s Point. He went out, and as the Board can see from the exhibits, he got the Department of Environmental Conservation ap- proval to construct within 60 feet of the wetlands of Deep Hole Creek. He went and got Health Department approval for his water and sanitary systems. He went to the Town Trustees and he got ap- proval to put his house within 60 feet of Deep Hole Creek. And then, through the Land Use Company, he went to the Building Depart- ment and said; I 've got everything don 't I and they said yes you do. Here is your building permit. .They gave him his building permit and he commenced work. He excavated, He poured footings. He set forms and he poured a foundation all before revocation of his building permit. It' s come to our attention and we are beforb the Page 2 - November 1987 Public Iiearing - A; _. ony Gambino Southold Z .B.A. MR. BRESSLER (continued) : Board because of Section 119 .2B which imposes on the applicant the: requirement to come to the Zoning Board of Appeals for a variance because he's within 75 feet of Deep Hole Creek. Essentially the same application that we made to the Trustees to building within 75 feet of the wetlands. And here we are. Mr. Gambino purchased the property some number of years ago and then he embarked upon getting his permits. He then expended substantial sums of money performing work pursuant to the permits which he had been granted. And you will hear later from Mr. Gambino, concerning the magnitude of the sums which he expended to improve his property b-efore the error was:;discovered by the Building Department. They came down, issued their notices and now we're before the Board asking for re- lief. Now, with respect to the property itself, the Board will note from review of the survey that Mr. Gambino' s house is tucked _ up nice and close into the corner of the property. He has main- tained. minimum sideyard setbacks and he' s maintained setback from the right-of-way in accordance with the zoning code. The sanitary systems pursuant to the Health Department requirements, have to be set up there tucked between the house and the right-of-way. That' s the only place they can be consistent with the Board of Health re- quirements for the well placement there to the south of the proper- ty which you can see on. your survey. So what we are faced with here is a situation where Mr. Gambino' s house is where it is and that's the only place that this house can be. . Were Mr. Gambino to attempt to move it- westward, he would be faced.,-with-- a. variance,_of the zoning ordinance to be too close to the sideyard and we certain- ly don't -want to do that. Were he to attempt to move his house north toward the right-of-way, he would run into a Board of Health problem of building over his cesspools. He certainly couldn't move the property to -the east because then he would be closer to the Creek. And to move it south, wouldn' t afford him any relief either because he'd still have the distance problem. If he were to attempt to shrink his house down by 15 feet, in order to comply strictly with the zoning ordinance, he'd be left with a house with virtually no width. In short, what he's stuck with, is this location as has already been approved by, all the other Boards and there's basically no place else for it. So what we're asking for is the 60 feet which he has been granted and which he commenced construction in connection with the house. Now, with respect to the uniqueness of this hardship, I think a review of the survey and the tax map show- ing the surrounding properties, demonstrates the unique problems that Mr. Gambino has encountered in connection with this particular parcel. He does have water to the south and to the east, thereby, creating a serious problem for him in locating his house. Clearly, putting a house there is going to be consistent with the character of the neighborhood. I 'm sure the Board is aware that it is resi- dential in nature. There are houses on virtually every other lot. .. Many of which are closer to the water. And certainly, putting his house here would not do violence to the character of the neighbor- hood. Now, there is one other problem that I 'm going to addres-s because I know that the Board is concerned about this. And that is the exact sequence of events that .-took -place surrounding the issuance of the Building Department's permits, purported stop works, etc. Now, as I previously stated to the Board, Mr. Gambino obtained P g.ge 3 - November 1 1987 Public Hearing - Anu..ony Gambino Southold Z .B.A. MR. BRESSLER (continued) : a building permit from the town and he- went out and he excavated and he poured his footings and the forms were up and thedready.-mix truck was there going around and around and the special pump was there, the troughs for the concrete were in place and a representa- tive from the Building Department showed up and said you've got to stop. Mr. Gambino said; what are you talking about? Here are all my permits. Well, we made a mistake. He said, what am I going to do about the concrete truck? What am I going' to do about my forms? And as you' ll hear from him momentarily, it would have cost him a whole lot of money to tear down those forms, . take the special pump away, bring the forms back and pour at some later date. If that were even possible this season. Now, I would di- rect the Board' s attention to the process issued by the Building Department in connection with this matter. I don't know whether the Board has before it the purported stop work issued by the Building Deparment.. CHAIRMAN GOEHRINGER: The Board: has that. If you have a clearer copy,' we' ll take it. MR. BRESSLER: I have the red copy. It doesn' t show up too well on the xerox but I will hand it up. . . . CHAIRMAN GOEHRINGER: We' ll give it back to you. MR. BRESSLER: . . . .so that the Board can determine what exactly happened in connection with this case. Well, there it is. I would invite the Board ' s attention to Section 100-143 of the zoning ordinance. That section of the zoning ordinance requires that a stop order shall be in writing and shall state the condi- tions under which the work may be,, resumed:. I:' think it � s self-'-evi- dent from review of that document, that it fails completely to comply with Section 100-143. It does not state the conditions under which the work may be resumed. It states nothing concern- ing what this applicant had to do or under what conditions he. could resume the work. Under those circumstances, I do not be- lieve the Building Department was correct in revoking his build- ing permit on the grounds that he violated a stop work order. I think it is clearly not sufficient in light of the zoning ordinance. And I think in light of the financial hardship that you're going - to hear from Mr. Gambino, he was entirely justified in doing what _ he did. He did not violate the stop work order and he did what . he had to do to protect his investment. I would ask the Board to take into account that Mr. Gambino did just about everything that a reasonable person could do. He didn't try to do this him- self. He hired experts. They went out and they got the permits. He got all his permits. As we all know, a building permit is the last one in line. And when you get that, away you go and that' s what he did. That' s why I started the presentation by saying we have come to you out of sequence. Here we area The man is stopped. And I might add,. that since the building permit was revoked and we have gone in and talked to the Building Deparment and told them there would be- no further work even prior to revocation. He has Page 4 November i.n,, 1988 'Public Hearing - 1, :cony Gambino ' Southold Z.B.A. MR. BRESSLER (continued) : not been able to backfill. With the frost coming on, he's going to be in big difficulty if he doesn't get backfilled and then get his construction going during the winter— And now, I will ask Mr. Gambino to step up and tell you a little about the finances regard= ing this parcel. Mr. Gambino, perhaps you can tell the Board what :you p4id for the property and what you put into the property. so far and what it represents.. MR.. .GAMBINO: I purchased the property in 1983 in October and I paid 40 thousand dollars for it. And as of.:now between legal fees, I've spent 29 thousand 400 and 66 dollars between going through and getting all my proper permits and applications. MR. BRESSLER: And how much of that represents expenditures after the issuance of the building permit prior to the issuance of the revocation? MR. GAMBINO: As of August 11,when the building permit was then issued to me, the figure stands at 22 thousand, 350 dollars. That is between surveys, permits, excavation, architect fees. MR. BRESSLER: This is the amount you expenddd in connection with the permit and thereafter. Is that right: MR. GAMBINO: , That' s right. MR.... BRESSLER: Now, you were told at the time the concrete man was there that it -was going to cost you some money for you to stop at that point. Would you describe to the Board what that was please. MR. GAMBINO: The concrete man had his forms already set, they were already up, the steel was in, all the jams were in, the hooks were in and I had a pump there which cost 800 dollars a day because I ordered the pump. I didn't want to knock any trees down alongside the house. I couldn't swing the truck around. MR. BRESSLER: And it was the purpose of this pump to permit the truck to remain at a distance and .pump the concrete in so you would not destroy the lot. MR. GAMBINO: That' s right. And he said to me that if he .had to remove everything and come back again, it would cost 6, 400 dollars ._ out of my pocket in excess of all of' the other expenses that I have. MR. BRESSLER: And were you able to afford that additional expense? MR. GAMBINO: Well, at this point, I would say no. Page 5 - November 1987 public Hearing - Ai.—ony Gambino Southold Z .B.A. MR. BRESSLER: Thank you Mr. Gambino. I would urge the court, the Zoning Board, in the strongest possible peramus, to grant this man' s application. It's obvious what happened to him. He pursued his permit applications deligently. He started his. work that he believed to be entirely legally and he ran into this problem. And I feel that he' s entitled to this variance and I would ask you to give it your consideration please. CHAIRMAN GOEHRINGER:'. Is there anyone else who would like to speak in favor of this application? Would the gentleman come forward who would like to speak against the application. MR. LONGO: My name is Marco A. Longo, Jr.' We are the attorney for the Honorable Joseph A. Escrow, 'Jr. and Susan F. Escrow who are the neighbors immediately abutting the property on the west. I have an affidavit by the Escrows and I have an affirmation which I would like to give to the Board at this point. As stated in the affidavit by the Honorable Joseph Escrow and Susan Escrow, among the purposes of the zoning law which is set forth in 100-10 which is exhibit '(1) finding the affidavit in our position. The gradual elimination of non-conforming uses is listed in Section 100-1OF. On August 9, 1983, Section 100-31 which is exhibit (2) of the' af- fidavit, of the zoning laws, was amended. More particularly, as pertaining to this application in Section 100-31A which now permits single family_ dwellings on lots with an area of less than 40 ,000 square feet; provided (of course) certain requirements are met. The lot which this variance is sought -is less than 40 ,000 square feet. In fact, the lot is approximately 20 ,0OO- square feet. Con- ceeding that this zoning regulation was eroded by law, it was none- theless eroded.by this amendment of August 9, 1983. The applicant here is taking advantage (of course) of this particular erosion. Now the application asksathe Board to further erode the zoning regu- lations by requesting a variation of Section 100-119 . 2B which is exhibit (3) in the affidavit. And this is to permit the erection of his dwelling with a setback of 60 feet which is 200 less than the required 75 feet. The applicant himself has already explained to the Board that he did in fact pour the foundation walls after the stop order was issued. If you look at the application or the work that was done which is depicted in the two photographs attached to the affidavit, you can see that the longest exterior wall is the wall that actually encroaches on the 75 foot setback require- ment. There' s been no attempt to even flip over the building so that the encroachment can be diminished at least in the pockets shown on the application. And this entire exterior wall extends the 15 feet into the setback requirement. The applicant has stated that he, in fact, had a wetland permit. And of course, he retained professionals to get this wetland permit for him. What we ask the Board to do is examine Section 661-10 of the Department of Environ- mental Conservation laws which is attached as exhibit (3) and see how or if it were possible that this applicant '(in fact.) met the burden of proof put upon him under this section of the Environ- mental Conservation Law. The requirements are extremely stringent and how he c.ould have possibly met those requirements, escapes (at least) your speaker here tonight., And in .conclusion as far as the affidavit is concerned, for the reasons that are set forth in the affidavit, Susan F. Escrow and the Honorable Joseph A. Page 6 - November ?"n 1987 . 'Public Hearing - Ai, ony Gambino Southold Z .B.A. - MR. LONGO (continued) : Escrow, Jr. respectfully request that this application for a vari- ance be denied. The affirmation that .was put before you was my personal affirmation. I 've already stated who I am and of course•, you know I'm herein opposition on behalf of the Escrows to the granting of this variance. And examining the documents and what has transpired here in the past, I ask the Board to possibly con- sider the questions set forth in my affirmation. And that is; the applicant has stated here tonight that he 'took` title to the property in 1983. We ask the Board to determine when slid he first get an option to take title to this? Secondly, why was the date or how did the date get kind of deluted on the deed, a copy of which is attached to my affirmation. Another thing, how come the deed was filed more than a year later if he (in fact) took title _, in October of 1983? Why was it filed in 1984? What was his re- lationship to this property? Was it possible that he had an op- tion and he was sitting and waiting for favorable rulings on the zoning regulations. And if that is so, is he a proper party that the legislatures had in mind when they enacted the section of the zoning ordinace which permitted an individual person to build on a building lot of less than 40,000 square feet? Is he such a per- son? We ask the Board to consider this. In addition to that, at- tacked to my affirmation are copies of two letters from the attorney for the applicant. I ask the Board to read those letters and to ascertain for themselves what was intended by the applicant by such letters.- And again, I would request that this Board deny the application for a variance. CHAIRMAN GOEHRINGER: Yes sir. I was just reading the last two letters. I have nothing at this particular point. Than you sir. MR. BRESSLER: Yes Mr. Goehringer. . I would certainly like the courtesy of being mady privy to what has been submitted on behalf of the objectants and certainly be given a reasonable opportunity in writing to read it and respond to it. CHAIRMAN GOERINGER: I was going to suggest that we recess this hearing until the next regularly scheduled meeting in an attempt to have our attorney look at the document also. If the Board so desires or whatever the situation .is and whatever questions we might have that may require either of you or of Judge Escrow. MR. BRESSLER: Not having seen the affidavit and affirmation, I am unclear as to what additional oral testimony could enlighten the Board with respect to the arguments raised. What I 've heard is absolutely nothing, quite honestly. I've heard a question raised concerning the date of transfer. I think that's completely irrelevant. Whenever he got it, he got it. He duly applied for his permits. I don't see that that's an issue at all. With re- spect .to the issue that was raised with respect to the long wall, it seems so evident that I even hesitate to take the Board's time. But it seems obvious that this long wall shown by the surveyor, is roughly 60 feet along its entire length. And were Mr. Gambino to twist and turn his dwelling, no matter where that corner fell, he would still be 60 feet. In fact, "i'm sure the Board has in its possession, an earlier survey demonstrating that a twist of Pag e 7 - November 1 1987 Public Hearing - An )ny Gambino Southold Z .B.A. MR. BRESSLER: the proposed house, 45 or 60 degrees counter clock- wise, would-' not make the slightest bit of difference. We still have the 60 foot problem. Is there anything to the Board's know- ledge, contained in this affidavit or affirmation which can't be answered in writing? If that's the case, I would certainly agree with you that the hearing should be recessed. If there's nothing, that can't be addressed in writing', then I would respectfully re- quest that I be given an opportunity to answer it in writing and have the matter submitted. I'm just not sure what further testi- mony is going to do here. I haven' t heard anything in opposition other than the fact that they don' t want this particular relief granted. I would say in that regard, that the Trustees ' approval that I furnished you with reflects the fact that. there is no ob- jection at the Trustees ' hearing. So you can take that for what it's worth. ATTORNEY BRESSLER (at this time) REVIEWED THE AFFIDAVIT AND AFFIR- MATION AS SUBMITTED BY ATTORNEY LONGO PREVIOUSLY. MR. BRESSLER: I'm prepared to respond to this at this time and have you close the hearing. CHAIRMAN GOEHRINGER: Go ahead. MR. BRESSLER: I 'd like to address the affidavit in opposition first. Certainly I have no dispute with the copies of the zoning ordinance which are annexed to the affidavit in opposition. They are what".they are. I think it's clear that .we: have the one remaining lot. (There may be one other. ) on Lupton' s Point and this is what we got and the Board is aware of what ,the size of the lots on -Lupton's Point are. I think it' s somewhat tongue and cheek for the objectants to come in and say; well, gee, this lot is undersized. Every lot on Lupton' s Point is undersized and we all know that. That' s the character of the neighborhood. The applicant has acted in bad faith. Concrete footings were installed, the forms for the foundation were all over the place. Yes , we did it. We had a valid building permit at the time and that's beyond dispute, as' we've explained. The excavation was done and the footings were done and it' s beyond .argument that those were done in reliance on the building permit. I think you've got hardship right there without looking any further. An attempt to minimize the encroachment, we've been to every Board save this one and it wasn' t our fault and we 're here now. We have permits . from the D.E.C. We have permits from the Trustees. We've got per- mits from the Health Department. We put it where we felt we had to put it and it' s not a castle as you can see from the survey. 'It' s a house well in keeping with the size of other dwellings on Lupton' s Point. Finally, the point in the affidavit that we must seek a permit not only for the Building Department but for the D.E.C. , we have it. We met their requirements. If the-objectants think there is a problem with D.E.C. , they have their remedies. We have supplied you with a copy of the permit and I think that' s the end of that argument-,:before this Board. Turning now to the affirmation Page 8 - November if' , 1987 Public Hearing - R. cony Gambino Southold Z .B.A. MR. BRESSLER (continued) : in opposition, options to purchase, ---dates of deeds; completely irrelevant and a complete smoke screen. The applicant bought the property. He told you what he paid and he told you the money he spent on it. Options are absolutely irrelevant. Now, with respect to the letters, gentlemen, the letters of August 4th and November 2nd which are attached to this affirmation. Let me say in closing, that it pains me greatly that the objec- tant has chosen to bring this ugly and sordid matter before the Board. And out of respect to. the people involved and this Board, you will note (most significantly) that the applicant did not bring these matters up and drag anybody through the mud and it wasn' t our intention to do that. And I have several comments with respect to letters that the objectant has placed before this Board. First of all, I think they are totally irrelevant to this proceeding. Secondly, I think the Board can see from the comments contained in Mr. Wickham' s letter of August 4th and November 2nd, that there has been an ongoing dispute between these people. Although it pains me greatly to do it, I'm going to have to bring to the Board' s attention the nature of the dis- pute that's been going on between these people. There 'seems to be, based upon the record and based upon the appearance here to- night, a concerted effort that this man not get his relief and build his house there. I would.-suggest to the Board that the letters which were sent and attached to this affirmation which was commissioned by our client, Mr. Gambino and was sent by Mr. ' Wickham at the behest of Mr. Gambino because of the problems that he is having with the objectant. And if the Board requires further details concerning the personal animosity between these parties, I' ll put Mr. Gambino up here for two minutes and you' ll hear all about it..because.. it has been raised by the objectant. I had no intention to do that-.-.tonight. But if the Board requires allucidation on the meaning of these letters and the Board con- siders it significant, I'd ask for two minutes to have Mr. Gam- bino tell his story. If the Board tells me on the record now, that it deems that irrelevant and it doesn' t want to get into personalities, then so be it and that portion will be stricken from the record. Gentlemen, what' s your pleasure: CHAIRMAN GOEHRINGER: We never want to get involved in personali- ties sir. MR. BRESSLER: That' s fine. Then I' ll take that to mean that as far as that' s concerned, that's not a legal argument before this Board and I would prefer not to put testimony before the Board. CHAIRMAN GOEHRINGER: I 'm not determining if it' s legal or not legal at this particular time because I'm not in the particular position to do so. I would say that personalities will not play a factor. Page 9 - November 1 1987 Public Hearing - Ar Dny Gambino Southold. Z.B.A. MR. BRESSLER: In light of your ruling,, I ask for two minutes then for Mr. Gambino to explain the nature of the letter and that will conclude my proof. P.gain, I state it is with great hesitation and pain that I do this. Mr. Gambino. The objectants; Joseph and Susan Esquirol have put into evidence the letters of August 4th and November 2nd as written by William Wickham to the Judge and Mrs. Esquirol and con- cerning the problems you've.-.had. Have you had a personal problem with these two people? MR. GAMBINO: Yes _I have. To start off with, I can't help that my name is Gambino: Judge Esquirolsaid to me a number of times that I was either connected or I was related. And I also have witnesses, three of them in fact that they heard slanders against me. I even went to the:: Police Department (I believe) on April 17th when Ray .. Nine, (that was the last incident) was clearing_ up the property with me and he went up to him (Ray Nine)" I'- was the one that fire- bombed his house and threatened his kids." I went right to the Po- lice Department and reported it and I went to Mr. Wickham. In::.fact, I had a letter. MR. BRESSLER: Was it true? MR. GAMBINO: Definitely it was true. MR. BRESSLER: Was the accusations he made concerning you, true? MR. GAMBINO: No. They're not true. MR. BRESSLER: Alright. I think the Board has'.-,heard absolutely enough on that. MR. GAMBINO: And I have two other witnesses. What Mr. Wickham said to me. . . MR. BRESSLER: Well, let' s not get into that. That's just a little bit of the flavor and I don't intend to spread the rest of it in front of the Board. But the objectants has raised this and they put these letters into evidence and they've raised the question as to what this is all about. Now you've heard what it' s all about and I have nothing more to say on that issue. MR. LONGO: Just a brief comment in rebuttal. If protecting one' s legal rights; is a harassment, then our entire social system fails. And if good faith is not part of any application or any remedy:- of law or otherwise, then again, our system fails. CHAIRMAN GOEHRINGER: Hearing no further comment, I' ll ask _the Board if they have anything they'd like to say. MR:.'LESSARD: Mr. Chairman, I'd like to ask through the chair if I could ask Mr. Gambino a couple of questions? Page 10 - November -n , 1987 'Public Hearing - Ai: ony Gambino ' Southold Z,.B.A. CHAIRMAN GOEHRINGER: Only if Mr. Gambino is willing to answer the question. Are you willing to answer any questions from the Build- ing Department? MR. GAMBINO: I feel very aggravated and I feel very upset. CHAIRMAN GOEHRINGER: I understand. MR. GAMBINO: I think we've gone further. then I thought we would tonight. MR. BRESSLER: Perhaps if we hear the nature of the questions, I . might be able to discuss it with Mr. Gambino. MR._.LESSARD:. : I. .would ask Mr. Gambino,, through the chair, if after he got the stop order, that he came into my office and we discussed it before he poured the foundation. I'd ask him if he did that? MR. BRESSLER: I think that on behalf of Mr. Gambino, Mr. Chairman, I think we have satisfactorily set forth the sequence of events con- cerning this matter. The excavation, the pouring of the footings and the nature of the purported stop work that was issued. And I don't think that any further testimony or questions on this matter would be helpful. I think under the circumstances, Mr. Gambino has had just about enough. I'm sorry, Mr. Chairman. MR. LESSARD: Then I' ll make a statement from the floor. We've heard a lot about the Building Department tonight and it certainly wasn' t in a rosy atmosphere. When Mr. Gambino was given his stop order, be- fore his foundation was poured, his daughter and he came into my of- fice. We discussed it. I explained it to him and he said fine. He went and poured the foundation and he realized it would cost money and so did I but he was willing to go that route. Now, when he went back to the ..site on the .advice of his attorney on some technicality, he poured that foundation. Now, he mentioned that since he's had his permit, it's cost him 29 thousand whatever. I would like the Board to find out exactly how much of that money was spent after on the legal advice he was given. to ignore the stop order. And I think you'll find that a majority of that 29 thousand lies there after his attorney felt he knew more than the town on law. And that's the way the proper sequence. And if we look into further on the submission and what was actually put down, you may find it two different ani- mals also. MR. BRESSLER: Mr. Chairman, before the witness steps down, . . . . CHAIRMAN GOEHRINGER: I don' t know if he'll answer a question. You can address the Board with a question. I have no idea. Just the way he addressed the situation. Go ahead. Address the Board. MR. ,BRESSLER: First of all. . . . t Pae 11 - November 1987 Public Hearing - An )ny Gambino ' Southold Z .B.A. CHAIRMAN GOEHRINGER-.%. I can not voluntarily force anybody to answer a question Mr. Bressler. MR. BRESSLER: First of all, I would like this card introduced into evidence. And secondly, I think the question from the Board to this witness ought to be; does this comply with Section 100-143 of the zoning ordinance. That's the question. The argument has been made. I think it' s clear from the reading of the statute that this pur- ported stop work is not a valid stop work order. And what Mr. Gam- bino did and what advice he was given and the .conclusions that this witness has drawn based upon no personal knowledge whatsoever, are a matter for this Board to consider. And I would offer this up in evidence and respectfully direct the Board' s attention to Section 100-143 and have the Board put the question to Mr. Lessard as to .. where in this purported stop work it states- the conditions under which the work may be -resumed as required by the ordinance. CHAIRMAN GOEHRINGER: I apologize. Are you Mr. Longo. MR. LONGO: Yes. Before the Board considers posing the question tb::the prior witness, I am surprised at council. He is asking the Board to illicit a legal opinion from a Building Department member. And of course, he knows it's an improper question and it should not be put. MR. BRESSLER: I would just like to point out to the Board in deter- mining whether or not to put this question to the Chief Enforcement Officer of the zoning ordinance. A man who is charged with knowing the code and enforcing the code. Whether that' s proper- .or improper, is totally up to you. To determine something is a mere technicality when it works against you, is something I think ill befits anyone, either in a town position or as a lawyer. The law is the law and it' s applied even handedly. And if you don' t comply, you don't com- ply. If you- comply with the ordinance, you comply with the ordinance. We're here tonight asking for a variance. I've put the evidence in. I live it up to the Board. CHAIRMAN GOEHRINGER: Mr. Longo, you had something else to say. MR. LONGO: Mr. Chairman and members of the Board. It's a propos- terous situation. Council knows for every writing, there are at least 15 volumes of cases explaining. the legal significance of the writing. CHAIRMAN GOEHRINGER: Mr. Lessard, I thank you for your testimony. I:ithank everybody for their courtesy. I have never asked a town official to illicit any response that he or she did not want to illicit. Therefore, at this particular point I' ll make a motion closing the hearing, reserving decision until later. All in favor - AYE. BY �� J C LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 516-298-5300 1 /y DANIEL C.ROSS ,{7��j' �7 I�1 Ll�/�� October 1, 1987 ` 0Oros. Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Att.: Mr. Gerard P. Goehringer Chairman Re: Application of AnthonyGambino for Variance Dear Mr. Goehringer: In accordance with your correspondence of September 17, 1987, we are enclosing four photographs of the areas under construction, together with the completed and executed Questionnaire. We have asked Roderick Van Tuyl, P.C. to update the survey in accordance with your request, and we will forward four prints of the revised survey to you immediately upon receipt. If you require any additional information, please do not hesitate to contact us.- 1, e, y tr y r I t'" A . 1 a e C. Ross y /emu • encls. 70gam-le � f i 'QUEST IO!"INAIRE TO BE COMPLETED AND SUBINITTED WITH YOUR APPLI.CATIMN FORMS TO 11 BOARD OF APPEALS Please complete , sign and return to the Office- of the Board of Appeals with your completed application forms . If "Yes " is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or' alter land contours ? -If Yes , please attacks existing, End •'proposed . plans . Yes Z . a) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined b,., Town Code , Ch . 97 for your reference . ) Please submit,'plan . Yes No *b) Are there any areas open to a waterway without bulkhead ? es Na 3. Are there existing structures at or below ground level such as patios , foundations , etc? Please furnish on mab . Yes 4. Are there any existing or proposed .fences', concrete barriers , decks , etc? Yes N 5.. If project is proposed for an accessory building or structure , is total height at more than 18 feet above average ground level ? State total : ft . Yes 6. If project is proposed for principal building or structure , is total height at more than 35 feet above average ground level ? State total : ft . Yes No 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of deed. Yes N 8. Are there any 'building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Ye' Np State Permit # and Nature : Permit # 16340Z 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : PIanning . Board N/A . Yes No Town Board N/A Yes NO Town Tr U-s t e e s PFRMIT 0 XAZNED e NP County Health Department _ TFRMIT ORTAT1QFn e No Vi l l age' of Greenport N/A - Yes No N . Y . S . D . E. C• _ PERMIT ORTAT IED e S _ NO Other N/A Yes N,0 10 . Is premises pending a sale or conveyance ? If yes , please submit copy of names or purchasers and conditions of sale . (from contract;) . Yes 11 . Is new construction proposed in the - area of contours at 5 feet or less as exists? Yes No . Excavation?.". Yes 12 ' If new construction. is proposed in an* area .within 75 feet of wetland- grasses , or land a;ea at ari eleva- tion of five feet or less above mean sea level , have You made application to the Town Trustees for an inspection for possible 'waiver or permit under ye Np the requirements of M. 97 of the Town Code ? 13 • Please list pre-sent use or operations conducted upon the' subject property at this time Vacant Land _ and proposed Residence 3#Please submit "photographs for the record . I certify that the ove statements are true and are bei-ng submitted for reli ce b the rd o Appeals in considering my. appli:cation . StgnaLure Property 0,viaer AuthoF Zed Agent 3/c"7 1 k '' rr=, ■ I • § 97-13 WETLANDS § 97-13 • TOWN The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6.5.84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- _ 85 by L.L.No.6-1885]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or-lands lying beneath tidal waters, which at mean low tide are covered by tidal water:] to a maximum depth of five (5) feet, includinK but not limited to hanks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh - subject to such tides and upon which ;;rows or may grow some or any.of the following: salt hay, black ( grass, saltworts, sea lavender, bill cordkrass, high bush, cattails, groundsel. marshmallow and low march cordgrass; and/or _ (3) All land immediately ;uljaceht to a tidal �%.ctland as - defined in Subsection A(2) and lying within seven- ty-five (75) .feet landward of the mnvt l;cndw,,rd edge of such a tidal wetl;uld. I3. . FRESHWATER WETLANDS: - (1) "Fresh water.wetlands" as defined in Article 2.1, Ti- tle 1, § 2.1-0107 Subdivisions 1(a) to 1(d) inclusive, of the Environniental Conservation Law of the State of New York;and " (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection I3(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-25-85 � r s• r i ► 7 \r COUNTY OF SUFFOLK Michael A.. Iaurande SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT /� a STANLEY A.PAUZER September 30, 1987 DISTRICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appeal No. 3672 , Anthony Gambino, please be advised that a site inspection was conducted on September 30, 1987. During the inspection it was noted that the foundation for the proposed &jelling has been constructed and several soil erosion abatement measures, including temporary seedings and establishment of straw bale sediment barriers, have been established. Soils on the site are Plymouth loamy sand with 3-8 percent slopes. These soils are rated as having few or no limitations regarding sewage disposal fields and homesites; although, a possible pollution hazard to Deep hole Creel-, exists from sewage system leachate due to the rapidly permeable soils. Potential problems associated with storm water surface runoff or flooding, do-not appear to be probable at the site. The majority of the shoreline is well vegetated with Spartina alterniflora -- Smooth Cordgrass and Iva frutescens - Marsh Elder. If you "require any additional information, please contact our office. Sincerely yours, Thomas J. Md-fahom Senior District Technician Peconic Plaza 164 Old Country Road, route 51 RIVERHEAD,NEW YORK 1 1901 (51 6)727-23'1 5 Southold .Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 24 , 1987 Mr. Stanley A. Pauzer , District Manager Suffolk County Soil & Water Conservation . District Peconic Plaza - Route 58 164 Old Country Road Riverhead , NY 11901 Re : Appeal No . 3672 - Anthony Gambino Location of Property: Lupton Point Road , Mattituck County Tax Map #1000- 115- 11 -10 Dear Mr . Pauzer : We presently have an application pending for the construction of_ a new dwelling with a setback of less than 75 feet from nearest wetland grasses (and/or ordinary highwater mark ) . along Deep Hole Creek in Mattituck . May we ask - your assessment of this project prior to our scheduling this matter for a public hearing? Enclosed for your file are copies of the Suffolk County Tax Map_ and . survey _ indicating the proposed dwelling. We are awaiting . copies of an up-to-date survey which would show the existing foundation con- struction , vegetated or re-seeded areas along the low contour areas , etc . Please don ' t hesitate to call if additional information is required . Thank you for your time and assistance in the past . Yours very trul , ,g l k GERARD P . GOTHiTINGER Enclosures CHAIRMAN 0. Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 17 , 1 987 Eric J . Bressler , Esq . Wickham , Wickham & Bressler, P . C . Main Road , Box 1424 Mattituck , NY 11952 Re : Application of Anthony Gambino (Variance ) Dear Eric : This letter will acknowledge receipt of the above application before the Board of. Appeals . The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application fora public hearing. In the interim it is requested that the following information be furnished as early as possible : 1 . four prints of an updated survey depicting all existing construction and high-marsh vegetation and seeded areas , and the setbacks therefrom; 2 . photographs of the areas under consideration ; 3. completed questionnaire . Yours very trul GERARD P . GOEHRER lk CHAIRMAN Enclosure F0 ©�, ry.. HENRY P. SMITH, President C=,E ,yam TELEPHONE o ; JOHN M. BREDEMEYER, Vice-Pres. � 4 �t -�y�',� k ! PHILLIP J. GOUBEAUD (516) 765-1892: � �� ,. ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 31, 1987 Mt. Charles'W. Bowman Land Use Company North Country -Road Box 361 Wading River, New York 11792 Re: Anthony Gambino - Application No. 397 Dear Mr. Bowman: The following action was taken by the Board of Town Trustees regarding the above application: RESOLVED that the Southold Town Trustees accept the amended plan submitted by the Land Use Company on behalf of Anthony Gambino reflecting the sanitary system out of the Trustees jurisdiction. Very truly yours, Henry P. 'Smith, President Board of Town Trustees HPS:ip NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 'NOTICE OF VIOLATION. . - . July 13, 7 Date:------ - ----, 19=19 To: ----- Mr. Anthony Gambino ----------------------------------------------------- ------ (Owner or authorized agent of owner) 85G Deep Hole Dr. Mattituck, N.Y. . 1 952 Address:----------------=-------------------------------'-------------- (Address of owner 'or authorized agent of owner) . Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article--- ------ Section---31__(') ____ .at premises hereinafter described in that--=-y--ou . are-----not----in compliance -------------- with nrovis ions of hermit issued by_Town_of_Southold Trustees, ------ ------------------------------------------------------------------------ You are therefore directed and ordered ,to comply with the following --r-ease all further activities on Drope.rty• Establish a -__perimeter of hay bales ad,jefcL to hi_giz_�ide_zonp_and replant 50 --- foot buffer zone ,with hi<;h-ivarsh olantso - --------------------- ------------------------------------------ ------------------------------------------7---------------------------- on or before 1J -----day. of ----------------- - ------ 19-87---- The premises to which. this Notice of Violation refers are situated .at: ' Luaton ?oint Road, Mattitucl, _rowm of Southold, Suffolk County, N-.Y. (Suff. County Tax Map Designation: Dist. _100;0 Section:--- ---Block:-- -----Lot- Z =----� Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service- of s the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and 1 shall set forth the reasons why such notice of violation should be modified or rescinded. e) ,;- Bay Constable, Town' of Southold, NY - ,pr /7• - PLEASE NOTE i s �.- �;,. ? is the applicant's responsibilit r``r �� _._ _-_ f ~. _.__..--- - '- --r-------•_. .. _ -- - J� lr�.tG 5:1r10-ary Uis nn`% aintain a q + �• - disposal all water supply and sewage P al facilities. off- PR ple R T � A•!'Orel F � y��, `• '- �� `�.r � � - ._��''`/ .mil`._'!_'._/�/J_-_ G�/ 1_-��r/ �rr� ! 4 AV G ' � 1G !y • lit - 1' J . .sEl A re 00,00 IL 4• •- � i [.LrC.fl `� f'li1. l[ lnf.✓' F_.. t. 60iJ • , i p, O eas'e es! l 7 4.n!• g.0. 1 S' CTla"f l � ��,, _-.7 /"Y,- _.i'...'r . .•. t 1 asi Wo>~sr p. j r SUFFOLK CO. HEALTH DEPT. APPROVAL W.S. NO. PLEASE NOTE ..J;' ;; (P Edt-terminstion rrmved in accordance •ith B� r of Rr dated ' :e appiicant's rGs0onsibilif n ad-gt:atc snnifary dis' n M tl facilities' st,A��y and SE'tvag c STATEMENT OF INTENT p� THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE /1ilq A— oF' PRQLnE'F�7' �✓' i'' SUFFOLK CO. DEPT OF HE LTH SERVICES. ( 1 I ANT � )N -HO/VY 6A ' INd SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF Y 7 TUG/<, N. }Y DATE: ob 1 !* w SQ — H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECIr. :' BLOCK PCL. . ::�CI�IE• • .�Q � := �" /DOD %��" ; // . i0 El = � 40nioe al owNERs ADDRESS. , Area : 19, ZD.rJ 1 iota A�6.__ �k Y:. N *,p STAMP a., Nar_+ v�. T- ' U euthmimd etwotion or Sddltton thh SUNOY IS a vidatlon of _ ;'� ctlon 7209 of tha Now YoAc Str+ta � �^�'� � �?U1?7uS It ucStlon Lerr. r �, - »�l1l.0 a Inl�ed Seal of M '�.6f�tiYM,!7'i�.ti •yF;F.+aM•.+....�.: ?.ti••• �. 2ti„ tefld W �r — ` +��7�7a '' ' Seal Shall not be cansklerW be a valid trtta ooAy �'`\ •s ueranteaa htdloSw twom stsit nut 1 # 't• A b the pMOn fOf vJh m tits surM Dfewed and on tdo b@Mff to the and . i 'r�•, ` ; �! ' I to oomra ft�AW ltwnaon �l �lettdintl Ytstl- 1 ) r'8-'F Naa*. the s Guam ittaea do not tnnafarabta eddnbnal Ittstltutlorta or aubaegwttt rwrl 6u�r �.rf��d fe SEAL �. r�•� T3e a. z�, t 981• . . RODERICK VAN•TUU P.C." LICENSED LANID WR ORS GREENPORI` NEW.YORIt .r ^ �C t Southold Town Board of Anneals Ql 6 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 4 , 1987 Mr. Victor Lessard , Administrator Southold Town Building. Department Southold., NY 11971 Re : Building Permit No . 16340Z - Anthony and Grace Gambino Location of Property : Lupton ' s Point , Mattituck County Tax Map No. 1000-115-11 -10 Dear Vic : It has been brought to my attention that there is a foundation under construction at the above premises without the necessary variances under Art. XI_, Section 100-119 . 2 , 'etc . and communications from Susan F. and Joseph A.. Esquirol , -Jr . , 'adjoining property owners , is attached foreyour_ record .. - We request that you again review the building- permit file and issue a Stop Work Order immediately until. t.he,, appropriate applications has been, filed . and decisions rendered . At this point in time , it is our understanding that no inspections have been made or approved under the pending building .permit. If this is incorrect , please advise us of the status for the record. Yours very truly , GERARD P . GOEHRINGER 1k CHAIRMAN September 3, 1987 Hon. Gerard P. Goehringer ,Chairman Board of- Appeals -�'Southold _ Town Hall :.•..Southold; New York 11971 Re ; Application. of Anthony and Grace Gambino Section_ 115, Block 11 , hot No, 10 Building Department Permit No. 16340 Z /. 87 Dear Sir: Attached hereto and made a part hereof, please find a.' copy: of ' a. letter that was hand delivered to .the. addressee therein` on September .2, 1987.' A full day has now passed and work on the subject premises continues. We , therefore, assume that ]fir. Lessard has not issued a stop work order as requested. , As the owners of the adjacent property, we now request the intervention of the Board of.. Appeals, because of, the. vi'olation"''of the Southold Code," '.Zoning Law Sec. 100-,1.19.2(B),, occuring -on the subject premises. We also believe that there are other issues both. lega.l and factual affecting the developability of these premises, which the Board of- Appeals, unlike other. agencies involved, ha:s -jurisdiction to hear' and decide'.'' In order to prevent possible further economic harm to all concerned, wet.,,:woU1d:.ask you now to cause a stop work .order.. to issue forthwith, pending a. hearing and determination by the Board of Appeals`. �spectfully xours,. F. an�Ossquirol , Jr. 1350 Lupton Point Mattituck, New York 11952 cc : Francis J. Yakaboski , Esq. BY HAND TOWN OF SOUTHOLD PROPERTY ECORD CAR® OWNER STREET VILLAGE DISTRICT -SUB---- LOT FORMER OW R N f� E f ACREAGE S W _ TYPE OF BUILDING ' 'L. ' ) i?(, �. f.i..Y'tP: i :.r.•tr J 5 Q.1 RES. 3111 SEAS. VL. FARM COMM. I IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS / J /G'\� �•.�.(�� ,/'� � � � ' — I-.,�Cei lio�24 o Lr d w AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE, Farm Acre Value Per Acre Value C cl`-. Tillable 1 6 oLeuV _ 4 Ti e 2 Tillable, 3 Woodland Swampland B rushland House Plot Toto I September 3, 1987 Hon. Gerard P. Goehringer Chairman Board of Appeals , Southold 'Town Hall Southold, New York 1197.1 Re : Application of Anthony and Grace Gambino Section 115, Block 11 , Lot No. 10 .Building Department Permit No. 16340 Z /. 81 Dear Sir: Attached hereto and made a part hereof, please find a. copy of a letter that was hand delivered to the addressee therein on September 2, 1987. A full day has now passed and work on the subject premises continues. We , therefore, :assume that, Mr. Lessard has not issued a stop work order as requested. As the owners of the adjacent property, we now request the intervention of the Board of Appeals, because of the violation of the Southold Code , Zoning Law Sec. 100-119.2(B)., o.ccuring on the subject premises. We also believe that there are other issues both legal and factual affecting the developa,bility .of these premises, which the Board of Appeals, unlike other agencies involved, has jurisdiction to hear and decide . In order to -prevent possible further economic harm to all concerned, we,vwould..a.sk you now to cause a stop work order to issue forthwith, pending a hearing and determination by the Board ,of Appeals. Respectfully jours,. Iv'nZ.[y.�.�.E.LQa�' . S�asati F. an ' Josep EsquiroT , Jr. 1350 Lupton Point Mattituck, New York 11952 cc : Francis J. Yaka.boski, Esq. BY HAND . r September 1 , 1987 Hon. Victor Lessard Executive Administrator Building Department Southold Town Hall Southold, New York 11971 Re: Application of Anthony and Grace Gambino Section 115, Block 11 , Lot No. 10 Permit No. 163407/87 Dear Sir: Informal measurements made this date indicate that the one family dwelling to be built on the subject premises at at least three locations is within less than seventy-five feet of existing tidal marshland. Further, the proposed dwelling is at various points within fifteen feet of our lot line and at one point within less than ten feet. The accuracy of these measurements appears to be corroborated by the plot diagram submitted in support of the application for the above cited permit. In view of this and in accordance with the Zoning Law of the Town of Southold, we do not believe that the applicant was entitled to a building permit from your office until the matter had been heard and decided by- the Board of Appeals. In July of this year, when the applicant violated the wetlands law, you informed the undersigned that no permits would be issued by your department and that indeed the entire matter would have to go to the Board of Appeals and that we would receive actual notice of any scheduled hearing. We waited all summer for such a notice and were suprised when on August 28, 1987, excavation work was begun on the subject parcel. --Under the circumstances, we now have no alternative but to request that your office issue a stop work order forthwith, so that this matter can be fully and fairly reviewed and resolved by the Board of Appeals. Thanking you for your prompt attention 'to this request, we are , Respectfully yours , � UA � san F. and Joseph A. V'squirol , Jr. BY HAND La I{lp0 lOF =:, 8 l0 p.m. Al Nn 3682 Tax' Map Parcel No GEO:RGE L r�NY: l0ft96-5-L and part of 1-1 ; Nbt#C 4F HEARINGS 7:50 App1 No. 3514 8:35 . pp ® GE:O.RI, _ P. SCHAnF. INC./JERRY pm. A L':No 3(179 . Zoning _i ROBERT AND '`DOLORES NOTICE 1S HEREBY GIV Variances to the ZoningSpecial Exception to the.Or- Ordinance,Article Vltl Section SGH_ 1SSE : -N'sartance.for.per EN;pursuant to Section 267 of dinance, Article Ill, Section "missionao.'construct o ahe Town Law and the Code.of 100-31, Bulk Schedule, for ap- 100-80(B)for permission to use pen deck the Town. of Southold, the proval of.the proposed insuffi- existing storage building for addition with.in insufficient set •warehousing and storage. 'of back from-nearest-wetlands per following hearings,will be`.held. cient lot area and width of two lumber and'building materials Article X- Section tAnds pe , by. he -SOUTHOLD TOWN parcels in this endin set-off t p B and supplies,- in conjunction, Location of Property.710 West. BOARD OF APPEALS at a - divisi:on of-aand located along wjth the:existing lumberyard op $bore Drive; Reydon S}iores -Regular Meeting at the Southold the :west 'side of•Cedar .Lane posite Sound Avenue..•Zone 'Map; Lot 9 and part of,8, Town Hall, Main Road, (west of Suinmi,t. Road.), �, Southold NY Southold, NY-on UESDAY Southold,,NY;County Tax-Ma Distrtc! f ighj nd�t i�" County Tax Map• - P t Parcel l0 7000-8q446. - NOVEMBER 10, 1987 at the Parcel No.`1000 7$-7-42. cation of Pro er- . ]ou .. following.times: 7:55 p m Side'"o.,l Sognc�Aveppe•{or fort} 45 p ppl =No 3564- 8: Appl ;No 3673 Road}, Mattituck, till':County JOHN D,. PSEY/ROBIN 7:30.:p.m.. Appl.-No. 3677 NICK MIHAL 1�_OS Variance to Tax Map: Parcel No. RAEBURN.,•.W644 i:es (ti)`for ROBERT MOHR.Variances to the:Zoning`Ordinance, Article 1000 141-3-41.: fsnal approval under New_-York'a` the'Zoning Ordinance, Article XI, Section 100-119;2` for per- g:15 .p.m. Appl No 3678- Town Law, Sectian:280 A=over Ili, Section: .100.-31 Bulk mission. to .locate inground LaFRENIERE: flieexistin rtvate-right-btw , Schedule,for.approval of decks swimming pool,.decks and fence DAV LD' and. r p Y attached to dwelling with insuf enclosure with .an insufficient Variance.to the:. Zoning Or- (b)forpermtssion.to locate setback.from the to dinance, Article VII, Section. proposed dwelling:with an in ficient rear and front.yard set- p of bluff backs,-.and.Article 111, Section along the Long Islatid,Sound. 10O-71, Bulk:'Schedule, for per sufficient from top of 100-32:forapproval of accessory cation of.Property:'northside mission to construct:addrton to bl"uff along<alie Long 'Island garage tructure located:partly of The Strand, Lot'No. 124, existing building'wifh ah,instif- Sound, per Article Xi, Section in thc•sideyard area.Location of Map_of Pebble Beach Farms, ficient. setback from.. the side 100-119 2 Location of Property Property:West.Side of Wabasso Ease Marion,'NY, County Tax (westerly) pioperty.line Lora; Fetendsng at the north end of;a :f Lion:aof. Property .Garner of privite nght=ofway' (traveled Sfreef, Southold, .NY, Counfq Map Parcel No 1000=30 2 Z4. ".Main Road`and theWest Side of over�aands Q*Bo)�ina'fr ri-,'I e 8:00, m ..AApI :No. -3680- Tax Map. Parcel No R LEONARD[I AN#7r,:Mf+►RIE Peconic Lane; Peconic, NY; north,sides f$ridge:i.ane IEx 7 35 m 2 t000-75 5 10:, Zone District sion Ore on Ro t}a 1000,78 3 34. County Pax, Map `Parcel No ten acid g add RICIIARD` MULLEN.3 JR g:Ordina,Variance northerly direction) t+ he b p PP VANOUDENALL N to the Zoning-Ordinance Arti- h Variance 30 .the Zoning -0r cle. 111, Section ]00+31,� Bulk.,. "B-1" General Business. tech`remises"id ntified on the dinance, Article VII, Section Schedtle,for peixnissiod to con-- 8;20 p.m. Appl No. 3671 Suffolk'County Tax Maps=as lOQ=71;Bulk-Schedule, forger struct addtion'to dwelling with ANDBE AP1D THOM S District i000,-SeChotz 73,Block mission to construct showroom an insufficient setback from the YBULS&1'.: Vanatice to ahe 2, Liof 3 6 prev°3 4 and 3 5}" 3 struct addition to dwellin with Zoning OTdinance,.Article Ill, 9 00 p mf App! No 36?2'; T. addition _with an•:insufficient g Section 100-30(A) for permis AN rHONY'GAMBiNO frontyard :setback from the an insUfficient:setba&from the= ` i closest. oin"t of arc:alon the sion to utilize premises for.book ariance to ,t a Zoning Or- north property 1me.,Location pfi p g Prnperta•C'rirnn� rM�.n^tb._v�ad front;property line.;LOCaCion of publishing saperations wholesale dmanCe, Article -X1;'. Sectio andithe East Sideiof Cottage Property•North Side;ofSailors ; book: storage, anu_ upuaceu ,OG-iiy for approval or`t Lane(a•private road};_.approx- 28q A approval aver the existing constructions of new. dwehi Place; Southold,.NY; County rivate -right-of-`way for such with `an insufficient`'sethac Tax. Map.- Parcel No imately 147 feet west:;of Little P 1000 62-3-20.:and d9. 1'eeonic ay=;Road, Nassau. use.Zone District: A. Resider from nearest, tidal;wetlands 7;35 p:m. .Appl. ,;No 3679 Point, Cutchogue, NY; Coun tial'and Agricultural.:Location and/or ordtnitry highwater mark RICHARD _MULLEN, J)t ty Tax Map Parcel No.`' of.Property:West Side of Depot along Deep Hole Creek Luca 1000 111 14 7` lion of Property East End.o Special-Exception'to the Zoning Lupton Point"Road,.Mattituck; 8 t3#;p i>7t Ab I Ni 683- NY:County Tax Map Parcel No. -" Ordinance,Artide V11,Section � 100-71;'Bulk Schedule,for per GEOREil L=PENNY INC. 1000-115-I1-16. mission to construct addition Vartance to the-Zoning. or- The Board of Appeals I for showroom:use incidental to dinance, Article Xl.; Section. hear at said time and place all the existingcar sales business 1001191,for-permission to erect persons or representatives desir- use in tills "B-1" General fence in the frontyard area at.a ing=to be heard 1n;:.eaeh,.of-tile 'Business Zoning District :Lora "helghf not to''exceed,6Vr feet:' g above matters.Eof hearing.will tion of Property:. Corner of Location of 'Property: North not start before 11ie time'altot- ( ted..Written comrtents may be Main"Road and-East Side of Side of Sound Avenue or Cottage Place;"Southold; NY, North Road), and the South submitted prior toahe.conclu- 1000=62-3-19 and 20. Side of C.R.48,(Middle Road), sion of the subject hearing. For 7:45 p.m. Appl. -No.,3684- Mattituck, NY ;County Tax snore in formation,-please call WILLIAM AND VERA Map Parcel No. 1000441-3-38.1. `765-1809. MOLCHAN. Variance tb..the Dated: October 26, 1987 Zoning Ordinance, Article-III, BY ORDER OF THE Section 100-32, for permission SOUTHOLD TOWN to locate.accessory inground BOARD OF APPEALS swimming pool, decks, and GERARD P. GOEHRINGER, fence enclosure in the frontyard CHAIRMAN area(in-excess of 300 feet from Linda Kowalski, -the front property line) at Board Secretary premises located along the north 1T-10/29/87(30) side of Ruth Road (north of Sunset Drive), Mattituck,'NY County Tax Map Parcel No. r COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . ` . . . weeks successively, commencing on the . . . . . . . . .1�1?.�. . . . . . . . . da of . . . � `w . . . ., 19 . � Sworn to before me this . . . . . .Q`. . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires"Z�3/19 Fr STATE OF NEW YORK ) ` 1 SS: COUNTY OF SUFFOLK 1 Christina ContPnto of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly ,7 Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 2 9 October 1987 t. t Principal Clerk Sworn to bef re m this day of 197�� MARY K.DEGNAN NOTARY PUBLIC,State of New York Suffolk County No.4849860 Term Expires Februa%)yl'�� Page 34/7he.Suffolk Nimes/Octo,,ber,,29;1987 ag apsq\S8p t ,eR iodoloO\89miT Alatlu2 erfT Ordinance, Article VII, Section County Tax Map Parcel No. ante to the_Zoning Ordinance bluff,along 1 Legal Notices 100=71,":BUlk Schedule, for per- 1000-30=2-74. Article VII,Section 100-11,Bulk Sound, per.Aw mission to construct addition for 8:00 p.m. Appl. No. 3680 - Schedule,for permission to con- 100-119.2.Loc. showroom use incidental to the LEONARDUS AND MARIE struct addition to existing build- Extending at t existing car-sales business'use -,VANOUDENALLEN. ' Vari- ing with an insufficient setback private right- NOTICE OF HEARINGS in this "B-1"General Business "ante to'.-the Zoning Ordinance, from the-side(westerly)property over lands of NOTICE IS HEREBY Zoning District. Location of '"' Article`III,Section 100-31,Bulk' �line: -Location of Property: north side of B: GIVEN,pursuant to Section 267 Property: Corner of Main Road Schedule, for permission to con- Corner of Main Road and the " sion and Or( of the Town Law and the Code of and the East Side of Cottage struct addition to dwelling with West Side of Peconic Lane, northerly dire, the Town of Southold,the follow- Place, Southold,NY, 1000-62-3- an insufficient setback from the Peconic, NY; County Tax Map ject premises ing hearings will be held by the 19 and 20. closest point of arc along the Parcel No.-1000-75-5-10. Zone Suffolk County SOUTHOLD TOWN BOARD 7:45 p.m. Appl. No. 3684 - front property line. Location of District: "B-1" General Busi- trict 1000, Sec OF APPEALS at a Regular WILLIAM AND VERA MOL- Property: North Side of Sailors ness. Lot 3.6(prev. Meeting at the Southold Town CHAN. Variance to the Zoning Lane (a private road), approxi- _ 8:20 p.m.- Appl. No. 3671 - 9:00 P.M. P- Hall,Main Road,Southold,New Ordinance, Article III, Section mately 147 feet west of Little ANDRE AND- THOMAS York, on TUESDAY, 100-32, for permission to locate _ Peconic Bay Road, Nassau CYBULSKI.,Variance to the ANTHONY NOVIOMBER 10, 1987 at the 'accessory inground swim- Point, Cutchogue, NY, County Zoning Ordinance, Article III, ante to the T foil g times: mingpool, decks, and fence en- ,Tax Map Parcel No., 1000411- Section 100-30(A)for permission Article XI,Se( closure in the frontyard area(in 14-7. ; to utilize premises for book pub- approval of tl 7:30 m. Appl. No. 3677 excess of 300 feet from the front 8:05 p.m. Appl. No. 3683 - lishing operations, wholesale newdwelIingv%, p' , pP property line) at premises lo- GEORGE L. PENNY- INC: book storage,and updated 280-A etback from ROBERT MOHR.Variances to Gated along the north side of Variance to the Zoning Ordi- approval over the existing pri lands an' or o: the Zoning Ordinance, Article Ruth Road (north, of Sunset nance, Article XI, Section 100- vate right-of-way for such use. mark along I III, Section 100-al Bulk Drive), Matt ituck, NY, County 119.1, for permission to erect Zone District: "A" Residential Location of P�- Schedule, for approval of decks . Tax Map Parcel No.1000-106-1- fence'in the frontyard area at a and Agricultural. Location of of .Lupton P' attached to dwelling with insuf- 3. height not to exceed 61/2 feet,Lo- Property: West Side of Depot tituck, NY; ck , rear and front yard set- back 7:50 p.m. Appl, No. 3514 - cation of Property:North Side of Lane, Cutchogue,,NY; County Parcel No.10G- backs and Article III, Section .GEORGE P. SCHADE. Vari- , Sound Avenue(or North Road), Tax Map.Parcel No. 1000-96-5- 100-32 for approval of accessory antes to.the Zoning Ordinance, and the.South Side of C.R. 48, 1.2 and part of 1.1., 'The Board garage structure located partly Article III,Section 100-31,Bulk (Middle Road), Mattituck; NY, 8:35 p.m. Appl. No. 3679 - hear at said t in the sideyard area:Location of Schedule, for 'approval of the County Tax Map Parcel No. ROBERT AND DOLORES persons or rep)► Property:West,Side!of Wabasso proposed insufficient lot area 1000-141-3-38.1. ? SCHISSEL. Variance for per- ing to be hea: Street, Southold, NY; County and width of two parcels in this.. 8:10 p.m. Appl. No. 3682 - mission to construct open deck above matter Tax'Map Parcel'No. 1000-78-3- pending set-off division of land GEORGE L. PENNY INC./ addition with an insufficient set- will not start:_ 34.2: located along the west side of JERRY -SHULMAN. Special back from nearest wetlands per lotted. Writte; 7:35;p.m. Appl. No. 3675 - Cedar Lane (west of-Summit Exception to the Zoning Ordi- Article -XI, Section'100-119.2. be submitted p RICHARD MULLEN, • 11. Road), Southold, NY; County nance,Article VIII,Section 100- Location of Property: 710 West sion of the su. Variance to the Zoning Ordi- Tax Map Parcel No. 1000-78-7- 80(3)for permission to use a ist- Shore Drive, <Reydon Shores more informam. nance,Article VII,Section 100- - "ilk Schedule, for permis- 42. _ ing storage building for w h- , Map,Lot 9 and part of 8,South- 765-1809. 7 7 construct showroom ad is- 7:55 p.m. Appl. No. 3673 - ousing and storage of lu her old,NY;County Tax Map Parcel. NICK MIHALIOS.Variance to and building -materials and No.1000-80-1.46. t.— with an insufficient fron- the Zoning Ordinance, Article " supplies,in conjunction withlthe Dated:October tyard setback from the north" XI,Section 100-119.2 for permis- existing lumberyard oppo ite 8:45 p-m.,Appl. No. ,3564 - property line. Location of Prop-, sion to locate inground swim- Sound Avenue. Zone District: 'JOHN DEMPSEY/ROBIN- THE SO' erty: Corner of Main Road and mingpool,decks and fence enclo- "C-Light Industrial."Location of - RAEBURN. Variances: (a) for BOA-- the East Side of Cottage Place, final approval Southold, NY;'Count Tax Ma sure with an insufficient setback Property: South Side of Sound pp oval under New York GERARD P. y p from the top of bluff along the Avenue (or North-Road), Mat- Town Law, Section 286-A over Parcel No.1000-62-3-20 and 19. Long Island Sound. Location of tituck, NY; County Tax.4ap the existing private•'right-of- 7:35 p.m. Appl. No. 3674 - Property: north side of The Parcel No.1000-141-3-41. t way,and(b)for permission to,lo- RICHARD MULLEN, JR. p y' Special,Exception to the ZoningStrand,Lot#124,Map of Pebble 8:15 p.m. Appl.- No. 3678 - Gate proposed dwelling with an 5756-1T029 p p Beach_Farms,East Marion,NY; 'DAVID, LaFRENIERE. Vari- insufficient setback from tQp of V p to Southold '®urn Board f Appeals ® MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR... SERGE DOYEN,JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behal-f during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your publi-c.' hearing will not start before the time allotted in the Legal Notice . -- — - If you have any questions., please feel friYe to call our office , 765-1809 . Yours very tr 1 GKGe-,D- RARD P . GOEHRrNGER CHAIRMAN Linda Kowalski S= Secretary and Board Clerk Enclosure South old Town Board of Appeah ':. MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD November 10, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. S.E.Q.R.A. _ SERGE DOYEN, NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS GL JOSEPH H. SAWICKI Notice of Determination .bf Non-Significance APPEAL NO. : 3672 PROJECT NAME: ANTHONY GAMBINO -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration 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. TYPE- OF ACTION: [ YJ Type II [ ]. Unlisted [ ] .DESCRIPTION OF ACTION:."Pproval of the construction of new dwell- ing with an insufficient setback from nearest tidal wetlands. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Lupton Point Road-; Mattituck, NY 1000-115-11-20 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short- form has been _ submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding. which may be considered wetlands FOR FURTHER INFORMATION,. PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel': 516- 765-1809 or 1802. Copies-,.of this notice sent .to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is.. a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA me Town Hall, 53095 Main Road -P.O. Box 1 179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD C�� . &F 77 9 i 7 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3672 application of Anthony Gambino for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk I LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 516-298-5300 DANIEL C.ROSS September 16, 1987 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application for Variance of Anthony Gambino Gentlemen: Enclosed are the following in conneciton with the above-referenced application: 1. Application, in triplicate; 2 . Original Notice to Adjoining Owners with Affidavit of Service thereon; 3. Short Environmental Assessment Form; 4. Wetlands Letter; 5. Five copies of the survey; 6. Copy of tax map; 7. Check in the sum of $150. 00, representing the application fee.. If any further information is required, please contact us immediately. Very truly yours, Eric J. Bressler /emu encls. TOWN OF SOUTHOLD, NEW YOk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.� r DATE September.",16,••L987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ......AlaffpNg••('#Mg•ItiO.............................of .....Deep-.Hote••Drive......................................... Name of Appellant treet and Number Nlattics}�k,,..�Q ..o ..Sf413>4 Q��d..................................New York...................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 1634OZ..................•••••• DATED .August..11•0•••1987•...................... WHEREBY THE BUILDING INSPECTOR DENIED TO. ............Am.Qla..."P4...................................... Name of Applicant for permit of "Deep.Holia Drive,....................Mattituck.s. New,York....11952....................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY � ) BUILDING PERMIT BY NOTICE OF DISAPPROVAL DATED SEPT MER 4, 1987 WITH Ef3`gU TO P LOC %3R 08 THE7P OE REVOCATION OF PERMIT DATED '9/�,4 87 1. A Lu ton.-a.-Point• R7dn.14 ttituck......rr...W..Agricultural & Street / / Use District on Zoning Map District 1000 SectiogI5 Bloc�1 Lott Current Owner Anthony Gambine ide ti R s n a ............................................................................:. _ Mop No. Lot No. Prior Owner Burton & Anne Mason 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section 100-119.20) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ' ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL. A previous appeols) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ................................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (R ) A Variance to the Zoning Ordinance(Section .100-119.2(B) is re nest jj for the mason thpt applicant desires to construct a one-famil dwelling on the above- escr a pares at a distance of sixty (60) feet from Deep Hole Creek, a tidal body of water. Section 100-119.2(b) of the Southold Town Zoning Code requires a seventy-fives (75) foot set back from tidal bodies of water. Because of the size and configuration of the property and the requirements of the Department of Health, a proposed dwelling must be located.,such that only a sixty (60) foot set back from Deep Hole Creek is available. Form ZB1 (Continue on other side) 7 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because if the seventy-five (75) foot setback is strictly applied, it would be impossible to construct a dwelling on the property. As the survey submitted in 'support of this application and made a part hereof demonstrates, the siting of the proposed dwelling satisfies the minimum front yard and side yard requirements of the Zoning Code while at a distance of sixty (60) feet from Deep Hole .Creek on the east. There is effectively no room to move the proposed dwelling toward the western property line and, even if an adjustment in location were made,. a variance from Section 100.119.2B would still be required. There is no way to move the proposed dwelling toward the northern property line since the sanitary system is required to be located there.. Hence, the proposed location of the dwelling is the only possible. location. In addition, the applicant applied for and received approval for construction from the Health Department, Department of Environmental Conservation, Southold Town Trustees, and the Building Department. Copies of the approvals are annexed hereto. In reliance thereupon, the applicant excavated and ploured footings and a foundation prior to revocation of the Building Permit. The reviO4ation of the Building Permit has caused and is causing applicant great hardship in that he has expended in excess of $15.000.00 to date and is now prohibited from proceeding with the work. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the location and dimensions of the property. The property is located at the eastern -tip of Lupton's Point ou the south side of Luptous Point Road in Mattituck, 14.Y., thereby creating two frontages on the water - to the south and to the east. This situation creates restrictive siting possibilities for a dwelling due to Health Department requirements and :zoning setbacks, as described above. All lots except one on Luptous Point ate. - already improved by one-family dwellings. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE e u SC�tAftAs4TE%ff T�HE DISTRICT because (a) the area is improved by residential e n t e proposea construction is consistent with this use; and (b) the area is bounded on both sides by Deep Hole Creek such that all lots in the area have. water frontage. Many of the structures are as close or closer to Deep Hole Creek than the proposed dwelling, particularly those on the north side of the point and the west. end of the south side.of the point; and (c) The proposed dwelling is as far from Deep Hole Creek on the south as those on the adjoining parcels so that there will be no interference with view. The variance is required only for the east side of the property; (d) The requested relief is not substantial in relation to .the requirements of the Zoning .Code. STATE OF NEW YORK ) / COUNTY OF SUFFOLK Y. ss �f .......Signature................................. September, 87 Swornto this ........t ........................... day of........................................................ 19 ....................... Notary Public Notary pu�R,UiWAyM Coanmissi"n i 4098 July 31,V BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ANTHONY GAMBINO NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: MRS. JACQUELINE D. KELSEY PROPERTY OWNER MR. & MRS. JOSEPH A. ESQUIROL., JR. YOU ARE HEREBY GIVEN NOTICE: 1. That ' intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance' (UMMUEMMMM ] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1450 Lupton's Point Road, Mattituck, NY; bounded north by Lupton's Point Road & _Kelsey, west by Esquirol and south and east by Deep Hole Creek 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential & Agricultural 4. That by such Petition, the undersigned will request the following relief: .permission to construct a one-family dwelling at a distance of 60 'feet from .Deep Hole Creek T 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI ' Section_. 100-119.2(b) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such.hearing. Dated: September 15, 1987 Petitioner Owners ' Names : ANTHONY GAMB INO Post Office Address 850 Deep Hole Drive Mattituck, NY 11952 of:W 4A PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS MRS. .JACQUELINE KELSEY. Mattituck, NY 11952 MR'. & MRS., JOSEPH A. ESQUIROL, JR. 270 Jay St: Brooklyn, NY 11201 r STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) ELLEN M. URBANSKI residing at (no Oak- St. , Mattituck, New ynrk 11952 being duly sworn, deposes and says that on the 16th day of 9pptPmher , 19 87 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck,. .New York ;that said Notices were mailed to each of said persons by (certified) (aJDfmail. Ellen M. Urbanski Sworn to before me this 16th day of September, 119 87 Notary P is PuJEMTZ Na" Na4 SM 116I MwllbrR Canm:sion Eli (This side does not have to be completed on form transmitted to adjoining property owners.. ) FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ,, September....14.......................... 19.....87 TO „Anthony & Grace Gambino . ........................................................... (owner or authorized agent of owner) 81-25 Cowles Street , Middle Village , New York 11379 ............................................................I................... (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CH ] 00 Other Applicable Laws, Ordinances-or Regulations ................... ......................... at premises hereinafter described, in that ...B.'.P 16340 Z is hereby revoked "Building (state character of violation) to close to the wetlands" "Failure to comply with a stop work order" .................................................................................................................................................................. ................................................................................. ..............................1.,.. ........................................... CH ] 00 ART XIV 100- 142 B & D (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the low and to remedy the conditions above mentioned forthwith on or before the 14 th ...................................................................... day of „September 19 87 The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 1450 Luptons Point Road , Mattituc „County of Suffolk, New fork. .......................................................................K%.. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. 1 15-1 1— 10 . ......... I` .t. Building Inspector' PERMIT NO. NE■1— 'TAILDEPARTMENT OIj�ONMENTALCONSER► ATIr1N 10-82_0148 r! r PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW HARTICLE 1S.(Proteclias of Water) ® ARTICLE 2S, (Tidal Wetlands) ARTICLE 24.(FresMwaler Wetlands) ARTICLE 36, (Construction I&Flood Hazard Areas) PERMIT ISSUED 10 Anthony Gambino ADDRESS O ITTEE Deep Hole Drive, Mattituck, NY 11952 LOCATION Of PROJECT(Section of stream, tidal wetland,dam, building) Right ot Way approximately east O Marratooka Road, Deep Hole Creek, Mattituck. DESCRIPTION OF PROJECT Construct a 30' X 50' single family dwelling plus attached decks a minimum of 60' landward of the high marsh. Install a sanitary system a minimum of 100' landward of the high marsh. In- stall a well. All activities as per modified plan received October 19, 1983. COMMUNITY NAME(City,Town, Village) TOWN Mattituck ISouthold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk I January 31, 1985 GENERAL CONDITIONS 1. The permillee shall file in the office of the appropriate Regiorul 8. That the State of New York shall in no case be liable for any damage Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized order the work suspended If the public interest so requires. is not otherwise provoed for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained 3. As a condition of the issuance of this permit, the applicant has ac- by and at the expense of the owner. cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or Indirect, of whatever nature, and by whom. 10. All work carried out under this permit shall be performed in accor- ever .suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the cause Injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, S. Any material to be deposited or dumped under this permit, either in remove all or any portion of the uncompleted structure of fill and restore the the waterway or on shore above high-water mark,shall be deposited or dumped site to its former condition. No claim shall be made against the State of New at the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others 6. There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights, work herein authorized. title or interest in real or personal property held or vested in a person not a 7. That if future operations by the Slate of New York require an alteration party to the permit. in the position of the structure or work herein authorized,or if,in the opinion 13. The permittee is responsible for obtaining any other permits, ap. of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood.flow's or endanger project. the health, safety or welfare of the people of the State, of loss or destruction of the natural resources of the State,the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove of alter the structural work, obstructions,.or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without expense to the Stale; and If, upon the expiration or revocation Part 500 of 6 NYCRR(Construction In Flood Plain Areas having Special Flood of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and In no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the Slate, and to such extent and In such time and manner 15. By acceptance of this permit the permittee agrees that the permit as the Department of Environmental Conservation may require, remove all or Is contingent upon strict compliance with the special conditions on the any portion of the uncompleted structure or fill and restore to its former reverse side. condition the navigable and flood capacity of the watercourse. No claim shall oe nude against the State of New York on account of any such removal or alteration. 9S-204(9/7S) (SEE REVERSE SIDE) DITIONS ,6. There shall be no disturbance to the vegetation or topography within 50' of the high marsh/intertidal marsh. 17. No fill is allowed without written approval from this office. 18. House construction must meet local and federal flood plain ordinances. SEE ATTACHED CONDITIONS A - J PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDRESS December 14, 19831 J. Larkin Bldg. 40, SUNY--Room 219 ' �`� Stony Brook, NY 11794 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Building 40, SUNY--Room 219 Stony Brook, New York 11794 _..---- • (516) 751-7900 RE: Permit No., Location 1 (? .ten BIL /1C Aj-MM1W,1T TO PERMIT Dear Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the suance of the existing, permit; therefore, the expiration date is extended to c�„�l•,-: I rl Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: This lettler is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, Alternate Regional Permit Administrator CTH:DDR:co's Sent to: ' - ..� � — :i. -'•- 'su.u:ri�T•'c-:.S•'=,1;."'"�=+�•�iCiC::-:'�'ir''1F4I��o'!�:.�'::�^;-Yli%."'�6"^?[[„�?%�+�•.tT-3t NEW 70RT, STATE DEPARTMENT OF ENVIRON11ENTAL CONSERVATION'-'- �--- - _ r Regulatory Af f airs Unit^"-'�' --'-= -: - Building 40. SUNY--Room 219 -••-.. Stony Brook, New York 11794- - _... .. _ (516) 751-7900 RE: Permit No. , Location A:-M,DtM!T TO PMaT Dear Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or relations since the issue e o thh existing permit;: therefore, the expiration date is extended to �`� • oY�-r$c et _request to modify the above permit has been reviewed pursuant to 6NYCRR. Part 6ZI` has been determined that the pr9posed-modifications will not substantially change t cope of the permitted ac ions or the existing permit conditions. Therefore, the-permit is amended to authorize: This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours. Alternate Regional Permit Administrator CTH:DDR:co's Sent to: vo.. ALO f HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. 1 (516)765-1892 PHILLIP J.GOUBEAUD 0 • O ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD PA Town Hall, 53095 Main Road D P.O. Box 728 Southold, New York 11971 I April 30, 1987 C41 42)1�3 9- Mr. Glenn Just Land Use Company Route 25A Box 2521 Wading River, New York 11792 RE: Anthony Gambino - Application No. 502 Dear Mr. Just: The following action was taken by the Board of Trustees during their regular meeting held on April 29, 1987 regarding. the above matter. WHEREAS, The Land Use Company on behalf of Anthony Gambino applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and umEPwAS, a public hearing was held by the Towai Trustees with respect to said application on April 29, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, 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 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 Land Use Company on behalf of Anthony Gambino BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD T0: Construct a 30' x 50' single family dwelling plus attached decks a minimum of 6U' landward of high marsh. Install a sanitary system_ a minimum of 100' landward of high marsh and install a well. There shall be no disturbance to the vegetation or topography within 50' of the high marsh/intertidal marsh. Property is located on Lupton Point Road off of Marratooka Road, Mattituck. i Board of Trustees - Anthony Gambino - Approval Page 2. This permit will expire on not commenced b April 29, 1988 if work has the Trustees are said date* There are two inspections required a Prior us the issuance onot fled upon the completion of and shall file with the Clerk a id permit by the Clerk ' the work. insurance certificate that he has public liability � in the performance insuring sur ng against an Public liability y liability which may amount as shall be Pursuant to such Y arise name the To fixed by the Trustees, which said permit in such Town as a name insured, policies shall e further this declaration should not be considered ease takdeterminatiotice that any other department or agency pending for the same or similar which may also have an a n made .for project. PPlication , PLEASE RETURN TO THE BUILDING DEPT. FOR OF ANY OTHER TOWN PERMITS THAT A INAON ON THE MAY BE REQUIR DDFORRTHIS PROJECT. NEED Please remit Permit will $10.00 for Wetland Inspection Fees be forwarded by mail. , Upon remittance your Very truly yours, Henry enry P. mith, President HPS•iP Board of Town Trustees cc: Robert A. Greene, D. Commissioner Henr E•C•' y Stony Brook Stephen Mars, Amy CorWilliams, D.E.C. , Albany Thomas Hart Ps of Engineers Management Conservation Advisor y Bldg. Dept. y Council Board of Appeals File I f 1 TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No. ....397••••••••• has been granted by the Town Trustees according to information furnished in Application No. ••.502........... filed by Applicant Land..Use•.for„Anthm.,,... .Tan. 4: 1g 87, A map of the proposed work will be kept Gambino ................ Trustee Office under the application number given. on file in We To construct a single•.family.dwelling,„p1;V$„decka. Permit granted to do the following'work ...................................... . ....................................... : sanitary system and well. .............................. ........................................ Lu ton. Boint.Road, Mattituck,,,,,,,,,,,,,,,,,,,,,,, Location of property on which work to be done ..........R.••••.•••••••••••• ........ . .................................................. De Creek, Bay or Harbor fronting property e Hol ...............: .......... .................... Sizeof work: . Length ......50�................................................................................................ ................. Width ......30.................................................................................................................... n/a .....................................,,... Height Above High Water ....... ....................................... ' ..•.............................................................................. Depth Below Low Water .........n/a 0 ...........:...................... Yardsto be Excavated ................................................................... 0 .................................................... Yards to be Filled .................................... .................. . ......:.................... Manner in which material is to be removed or deposited ............................... .............. ........................................... Residenti....al.......................................................................................... Intended use of property .......................... There is to be no disturbance..to,vegetation.or,topog�rapKx,within,,, Conditions if any ................... .... - ............................................. 50' fo the.high•marsh/intertidal••marsh:.,..•..•.•,,,,,,,,,,,,,•,,,,,,,,,,,. . ...................... . . .. . . ... A ril 29 1988 if work„has„not„commenced,by, Expiration Date .....R.............�........................ Two the Trustees„are„to,be,notif ig�;„VlP.9R..C9AlD�.�CR ••R • Number of Inspections Required ...........•.••...••• the work. ................................ $10.00 InspectionFees .•••••••••••••••••• • Liability Policies in the Amount of ...................................................................... al The validity of this permit is or may be subject to the vforooroobt obtaining governmental such approval In municipal t e authorities. The Town accepts no responsibility in is permit shall not commence operations here- event that such approval is necessary, the holder of nthThe failure to obtain such other approval when under until such approval-has been obtained g Trustees upon receipt by the required shall subject -this permit to immediate revocation by the Trustees• of written notice from such other governmental or municipal authorities of its refusal or disapproval. i 1i • I The applic ant does by the acceptance of this permit, assume all responsibility for operations rations under, taken pursuant to this permit, and shall take all precautions for the pre cant also agrees to indemni- and property resulting from such operations. By such acceptance, the applicant ty and save harmless the Town, and its officers, agents employees of applicantfrom any and , his gentsa d from operations under this permit and any and all acts or employees. horized by The applicant and the owner and occupants of the premiss upon a mit, g which ve consent operati to thetTown and f this permit are being conducted,.do, by the acceptance Pnducted to its officers and employees to enter upon the premises where insure that such operations are being con- make such inspections as the Town may deem necessary ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion,turbidity or siltation. rces of the town. C. Cause saltwater intrusion into the fresh water resou beneficial marine organisms, aquatic wildlife and vege D, Adversely affect fish, shellfish or tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. of F. Adversely affect navigation on tidal waters the tidal flownt flow a any waters,of the town. G. Change the course of any channel or the natural H. Weaken or undermine the lateral support of other lands in the vicinity. 1. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed •• " ' ' �•� President . Board of •Southold Town Trustees . Z9 y.......... ...�/.�., ��...............: Date......., TOM CF SCUMCI D ASSESSMW FUN INSI'RMIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes, the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No, it is likely that this project is not significant. (d) Environmental Assessment: 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . . . . . . No 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NO 3. Will project alter or have a large effect on an existing body of water? . . . No. 4. Will project have a potentially large impact on groundwater quality? . . . . . No 5. Will project significantly effect drainage.flow on adjacent sites?___ . . -. _.__._ Na_-_ 6. Will project affect any threatened or endangered plants or animal species? No 7. Will project result in a major adverse effect on air quality? . . . . . . . . No 8. Will project have a major effect on visual character of the eommuiity or scenic views or vistas known to be important to the community? . . . . . . . . No 9. Will project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . . . . . . . . . . . . No 10. will project have a major effect on existing or future recreational _pportunities? . . . . . . 00 . . . . . . . . 00 . . . . . 00 . . . . . . . NO 11. Will project result in major traffic problems or cause a major effect to - - existing transportation system? . . . . . . . . . . . . . . . . . . . . . . . No 12. Will project regularly cause objectionable odors, noise, glare, vibbration, or electrical disturbance as a result of the project's operation? . . . . . . No 13. Will project have any impact of public health or safety? . . . . . . . . . . . No 14. Will project affect the existing ocm mitt' by directly causing a growth in permanent population of more than 5 percent over a one-year Period or have a major negative effect on the character of the cCM& iity or neighborhood? . . No 15. Is there public controversy oonncerning the project? . No P�AM'S SIGNA URE: _ ' ^L� � TI'I'LE: Attorney for Applicant G: Anthony Gambino DATE: September 16, 1987 September 15, 1987 (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ANTHONY..GAMBINb Location of Property: 1450'. Lupton's point Road.•.Mattituck, NY Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) I l May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at' least 100 feet in length. * [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet ` in length. I V7 . May be -located within 300 feet of tidal wetlands; . .and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C. ] Si rel yours - -a.. - .:win•p - ."r � ;.•r .. - a'•3;:� 'ter.• - .;-..� 1 -. _ • • • >!' ,� •�Jrt 1> `r .... � " 7.. �.. tild.��5 Jirr�a,ps J � r i i_r p. t �t,} t. ..`rwr ,��`3!r• 01-11 'v a. fa rn �.y. 71 5�'•;?' .s '1t sr.;t,. �f .r. +- .% _..i, °,�. j �k 'j- 1 y q ;"�i•�'.�,,,f•• `,aad{f ' .ji3'} us s-5•irT3t' f"• e'Fe- Y TOWN OF SOUTHOLD ! + BUILDING DEPARTMENT TOWN HALL t ,, SOUTHOLD, N. Y. i BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) ' N0- 16340 z ate /. 8 7► ... . ...... ..................:........ ... 19....... Permission is hereby grant ..r{ . . ...:.... ...:........... .............................. i- it to ••• ••••••.•••••• ..•...N • • •• •.•••••• ••• •. ••••• • •.••.•••• ... O• •••••• YOW.. ........................................................... .. ........ ...:..... ...................0.. ..... at premises located at e! .. ..Via �, . 4_ % },e - . .. ... .......• ...............:..................`.'...1....................... ,atu lor ...................... . ...................................................................................................................................... id. )to .....:.......:......................:.... ...:..............:..............................................•..........................................•......... j County Tax Map No. 1000 Section ../tip........ Block .......f./.......... Lot No. ..... ............ •• 113 pursuant to application dated .... .......1.'AAA7.................... 1912, and approved by the Building Inspector. fir ..Building Inspector r �MOO, t x _ SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. p .s� �o STATEMENT OF INTENT 2 '� �!`�� `� � w�'c `T THE WATER SUPPLY AND SEWAGE DISPOSAL - Al. '7� U' E', �' /,7�U; 0 SYSTEMS FOR THIS RESIDENCE WILL . 7 �Q -� roil. e�.0 <?. �- ii'�f = �'. �' CONFORM TO THE STANDARDS OF THE 7' :4?" i 3aL� i '� lV/r� Q PROPzE f�7Y SUFFOLK CO. DEPT. OF :HEALTH SERVICES. �. APPLICANT AA/ _ SUFFOLK COUNTY DEPT. OF HEALTH I �� L• 30- �, . _a.._4{ r A SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF, NO. J .1oa .% APPROVED: 1 SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. El OWNERS ADDRESS: in AA11 � 0 ` V Area ea ; 1 9, z o o a5J 7D .,,. �? l V DEED: L. b 3 ti P. Y A/A F- TEST HOLE STAMP Gp , f ^'� / TO MIS SURVEY IS A ViC?LAT:JN OV l 1 ii _ {'.:t T7-7?'+'T-i�7.•3'a�-`•'x"'.'-'h'";.-�,'•G"z't r .1 �'?iO4•tl 9,iL'9 OF'diSE PEf'.d irJ�.Sdw�1s lok !dl E� � j \O / 1 n �.0 ._'` _ _ ,�t (. 6 :v r'e z3 s .s `• ua a -i t. fi r' J V 8 — ...:-_ ,I � l� Q 6OSRrrJ'f;. YrrN.id d.,0 9 Fg• a G Ia t�! rt t � - Q � �SESNIa�a,� ,ai�'q.�:4L �d�'#.1: x". � 1 •� � ��j'j}' i3y4 �L !r l t. ..4 '•.tl n.r' �,.✓�� I l► �;�� _ _' � i TiE`H P f:C7�:_ ;{.�TpsF Cam.]C�E,-S OF THE tEI.GJiM'i 1-1 jjotl,QUARAWIM AP,"r.�101'TiiAr45£-=0n,., IOC. Atli��?-�� i�.-9 I9.�� C v SEAL '.�.,�'. r.+ea•':�t�+'::'7"� s�'i i"%c`: �, �a!Jr,'�/'G'le�:7�1f' t.'ti�. , ` _ h4a yr 3, f 934. f ,.. .rY1 J9u c,9ti'5' �tl41r'ti✓.c yc--'arj vtQc.. E' f. / t?1.1: _ 1lC�Y?// ,�I I' d t'� ' r ��fi > .�'yle j�, �S'r'�"c:;? C �/� ," RODERICK VAN TUYL, P.C. _..—. .__.. .__._._ .. _ ._...__v. __ .__._ _._,._... _. _ __ - -.- _,_ __._M_ ice- �r! Yi.ra - -=-s�•i LICENSED LAND SURVEYORS IG' ' GREENPORT NEW Y.ORK TELEDYNE POST N12062 j T IA1 t All SUFFOLK CO. HEALTH DEPT. APPROVAL H S. NO. 6 - r 1\o STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL /Zo. <? SYSTEMS FOR THIS RESIDENCE WILL {d 1 A.G"? to v ►' i o h e O CONFORM TO THE STANDARDS ! OF THE Ai?4ivP.d'tOd/c-7 Jr ltaLB ^ / Yi�O 4� /�R��EF�'7- Y ,>rawd/ r _.._ __. _ _ SUFFOLK CQ DEPT. OF HEALTH SERVICES. S[JRVE-Y' e3 �4 (S) �► II APPLICANT q. 0( � ----�7-"OAI�_ 6AM011Vo SUFFOLK COUNTY DEPT. OF HEALTH ~'� `f, SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY VA T 7-/TUG K1 A/ 'DATE: H. S. REF. NO. APPROVED: oil 9 SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL., Ha 40` \, V Q OWNERS ADDRESS: i fresh / 1g I'!PA n eapp ter it d LICi:, DEED: L. :; P. Y MAP TEST HOLE STAMP 071 p� .ti/o ' Su a1C 6 0 0• / ' •ox � �'xx'�sZ'wa��-z"�-s�aat-'7;xz->cticY.. 4 6 I ' 4 JA/" L r�rrf sw de a Jvrr>-f, 9-89 co "y�•,r'vc i 'c Dec.c;. Z.Z , /t/o c • 1 o hs s Ao_Wn a re r 19al ' r RODERICK VAN TUYI. P.C. t ; r At! , tl L AND!98 . LICENSED LAND SURVE ORS !� GREENPORT NEW YORK 1[LFOYM POST N12062 /O