The URL can be used to link to this page

Home My WebLink AboutZATERAIN, SANDRA ~'. ,joj.. .....- ....." ,:.. ,,, ~','" ~ ,,'., "... ..,.- '. .". ...., .,' ,.. "',, , ."'.-:..',.""., ., ,~,;., . '::'~,\ TELEPHONE (516) 765-1892 BOARD OF TOWN TRl.:STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O, Box 728 Southold, New York 11971 December 5, 1984 .-' Mr. Charles Hamilton N . Y . S. Dept~ of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: While the Trustees were making their inspections, November 23, 1984, they found an illegal groin. . We have an application before the Board for a Mr. Anthony Scarmata of Huckleberry Hill, East Marion. To the west approximately 300 ft. off of Mr. Scarmatas property is the illegal groin of Mr. Zaterain. The Trustees feel that the groin of Mr. zaterain is making it necessary for Mr. Scarmata to construct his groin. Will you please make an inspection of the Zaterain property located at the foot of Bay Avenue, on the west side, in East Marion. We await your findings and actions regarding this matter. Very uly yours, ~ /fi ~---- " Henry P. Smith, President Board of Town Trustees HPS:ip DEC REF. NO. 10-82-0571 <!'~- ~ ~-/~/1'3/gr -"~ .~ TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southo1d, New York 11971 . November 9, 1984 Mr. Anthony J. Scarmato, President Tosca Realty Holding Corp. 16 West 46th street New York, New York 10036 Re: Zatarain groin Orient Bay Dear Mr. Scarmato: This is to acknowledge receipt of your letters and photographs pertaining to the groin in Orient Bay on the Zatarain property. This material was referred to the Board of Trustees from the Building Department. I have circulated copies of same to all the Board members. After their review we will forward to you, the Boards action regarding this matter. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary cc: Trustees Building Dept. File . , TEL. 765-1802 TOWN OF SOUTHOLD ,.__ '~,'~">O" _' ,_ ~1i?:rr;(1;iTf~~~ ');.:.) OFFICE OF BUILDING INSPECTOR ~f\'\"'\'~~ P,O. BOX 728 (',"~- TOWN HALL SOUTHOLD, N.Y. 11971 November 8 , 1984 TO: Henry Smith, Chairman Board of Trur:ees FROM: Vic Lessard, Exec. Administrator . SUBJECT: Scarmato letter on groin ~ Research~ng the work stated by Mr. Scarmato, I cannot find any evidence of approvals by Southold Town. Mr. Zaterain claims his bulkhead was rebuilt and re- paired in place which would not need a Wetland Per- mit. There does not seem to be anything in the rec- ords to contradict this statement. Mr. Scarmato in- dicates in his letter that no groins; bulkheads etc. ever existed until the fall of 1982. Photo taken (according to Sylvester A. Celebrini, L. S. ) on March 28, 1978 seems to indicate only the concrete wall and no groin. Now the Building Inspector informs me that a bulkhead; forward of this existing cement retaining wall; and a "new" groin; photos by Building Inspector~ The Building Department will now wait for what-ever action the Board of Trustees would care to pursue. LOCKWOOD, KESSLER & BARTLETT, INC. ONE AERIAL WAY, SYOSSET, NEW YORK 11791 CONSULTING ENGINEERS-SINCE 1889 (516) 938-0600 Octobe r 5, 1984 Tony Scarmato Inc. 16 West 46th Street New York, New York 10036 Attenti on: Tony Scarmato Gentlemen: This will certify that photograph number 3339-53-311 at a scale of 1"=200. covering the Bay Avenue area in East Marion, New York was taken on March 28, 1978 in the normal course of our business and is a true rendition of the ground. No retouching or a lterati ons were performed on the original negatives or resultant enlargements. Very truly yours, LOCKWOOD, KESSLER & BARTLETT, INC. ~~ t1. U~d~ SAC/pn Sylvester A. Celebrini, L.S. Director, Survey and Mapping A _~fechll( COMPANY AN EOUAe OPPORTUNITY EMPLOYER FOR INSPECTION PLEASE REVIEW THIS MATERIAL. This structure is close to the proposed groin application, before the Board now, for the Tosca Realty Company. . _.!to4>- .. . V"" . -........ .., Tony Scarmato, Inc. u.s. Army Corp of Engineers 4/1/83 5l8-C p~~~ M~j~ C~y~~~ t<J.verhead, !\I.Y. 11~Ul Gentlemen' I am writing this letter after phone conversations with your office regarding the problem that has been created for me as an adjoining property owner, by the issuance of a permit to a Sandra zatarain to erect a jetty. The immediate property owner or myself were never informed of such a project by anyone or agency to date. I think the issuance of this permit was not a wise decision in view of what the advantages and disadvantages were, as you can see by the photographs I am forwarding. What has taken place over the winter months is just a start of the foreseeable loss and erosion that will continue to take place in the future. At least one foot of sand has buil t up on the Zatarain beach .front,while my neighbor and I have lost at least the same amount of beach. Normal high tide is now about thirteen feet higher than before. I am requesting an inspection of the area and the problem, at this time. An answer to my letter will be appreciated and please return all pictures. (Copy sent tOI Mr. Bob 'lhurber D.E.C.) . Stonybrook Campus --~- ~. ~.~ 16 West 46 Street/ New York.N.Y 10036/869-8787 .<-"""- ~ Anthony J. Scarmato,President Tosca Realty Holding Corp. 16 West 46th Street New York, NY 10036 October 8, 1984 Mr. Bart DiMartino Regulatory Affairs Unit US Army Corps of Engineers 26 Federal Plaza New York, NY 10278-0090 Dear sir: This letter is on behalf of me and my neighbors to shed some light on a situation that has become intolerable and somewhat dangerous. Two years ago, in the Fall of 1982, Mr. Richard Zaterain, who owns the property at the foot of Bay Avenue (west side), East Marion, NY, constructed a new dock, bulkhead and groin from his existing bulk- head out into Orient Bay. Adjacent to Mr. Zaterain's west property line is a property owned jointly by Frank (now deceased), Amy, Nicholas and Katherine Mandaro. My property is next in line. Neither I nor the Mandaros were ever '~dvised of this construction. After the Winter 1982jSpring 1983 ravaging of our beachfronts, it was clear that this structure had cut off the natural flow of sand that we have normally received onto our: beaches. I immediately sent a letter to Inspector Jose Almodovar, US Army Curps of Engineers at Riverhead. A corresponding copy was simultaneously forwarded to Mr. Bob Thurber, NYS Department of Environmental Conservation at Stony Brook, Lillng Island accompanied by "before and after" photographs of the beachfront site in question. I was informed by Mr. Thurber that a permit was issued to Mr. Zaterain without an inspection of f- the area because the construction involved the rebuilding of a functional, existing structure. This was clearly not the case by any stretch of the imagination. Inspector Almodovar, responding to my letter of April 1, 1983, inspected the structure and agreed that it was not in the Mandaros' or my best interests. He said he could not do anything to help us. We lii ter learned-that Mr .Z~itera.ln never appliecrmIor a DuITdIng or wetlands permit from either the US Army Corps of Engineers or the Town of Southold Board of Trustees. The Mandaros have owned their property for at least fifteen years. I have owned my property since 1972. Mr. Zaterain never had a functional, existing dock or groin on his property since the Mandaros and I have owned our respective properties until the construction in question took place in the Fall of 1982. Therefore, the "rebuilding of a functional, existing structure" has never been the case. During the past winter and spring, our beachfronts lost a total depth of over two (2) feet of sand. This caused the total rebuilding of my entire length of retaining bulkhead. Four (4) ste~s led down to the beach last year. This year, eight (8) steps are required. The summer and fall tides have not returned any significant amount of sand. We look forward, fearfully, to another ~isa$trous winter arid spring. Now, we are asking all the agencies involved to give us some relief by \taking some action for the removal of this unlawful structure. I am enclosing a copy of my previous letter to the US Army Corps, dated April, 1983, and an aerial photograph of the beachfront area taken in 1978, by the engineering firm of Lockwood, Kessler and Bartlett of Syosset for the Town of Southold. It clearly shows that no functional structure existed at that time. -2- My neighbors and I have sworn before a notary that all of the above statements are true and correct to the best of our knowledge. ~'Je would appreciate an answer to this letter as soon as possible. Thank you. J. Scarmato nt Realty Holding Corp. cc: Daniel J. Larkin, NYS DEC Harold Berger, NYS DEC Mr. Hinderman, Bldg. Dept. , Town of Southold E~ ~dcmo "~~ ~my Mandaro ' - Nicholas Mandaro Qnck ~Pbl k 1) ,~g~ >' Wi nef?A~,~ ST~J.j~ ~~ed. 5tqhrM ..}. Ktt<ik- ., ,v~L,;:: OF NEW JERSEY l*rtaIy Public, State 0,1 Ne Ii YGI'tl ;, No, 24--4762273 \llV ~'* EXPiRES ~ 'l2, 1989 . Ous./illed in ings County {; Pxnml88lon re March 198 ~~~ Katherine Marrdaro ~~~~~ Witnessed NINA CHANEVICH NOTARY PI!B~IC, ~tt(' of N?w Yor~: No. 41 "~,/35528 QUllif!cd in QU:"CiS CCll'lty -/ Commlsslon l';;',Rires NlJrch 30, 19<0