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HomeMy WebLinkAbout16694-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO Z17509 Date NOVEMBER 14, 1988 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1450 LUPTONS POINT RD. MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section i15 Block 11 Lot lQ Subdivision Filed Map No. Lot No. onforms substantially to the Application for Building Permit heretofore filed in this office dated DEC. 24~ 1987 pursuant to which UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED B.P. #16340Z EXPIRED Building Permit No. 16694Z dated DEC. 24, 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING¢ DECKS 1st & 2nd FLOOR, ATTACHED GARAGE. The certificate is issued to ANTHONY & GRACE GAMBINO (owner, XXXXXXX~) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 14-S0-06 OCT. 07, 1988 N043408 NOV. 3¢ 1988 HENRY J. SMITH 9/19,88 Building Inspector Rev. 1/81 FOe~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BI:: KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 16694 Permission is hereby grante.~L,to: ~ , ~.e..~..~...~...~.~.. ~.'.~..~~ ........................... ~..~..~.,...~.:~.:...!..,..~-...~ ........ ~ . ,o ~.~..~...~.~~.~....~....~ ,~..~ ........ .~..~ ..~...~,~.~.,.~..~..~....~..~.~....~.~..2~..L~.,~ .................. ...... · 'Lz~l/ . , , at premises located at ...J..~,.~%.~.....~.~.....~.....~.,..,...~~..~..-. ......... County To× Mop No. 1000 Section //~"' Block I I Lot No. / O pursuant to application dated ..~..~....L~':~ln4-......--~..~. ............. , 19..~.7..., and approved by the Building Inspector. Building Inspector Rev. 6/30/80 FOB, MC NO. O TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, bi. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Ne- 163A~0 Z Permission is hereby grante~J'Te: ............ at prem,ses' located at ~...~..~.~....~~'~1~ ................ ~ ........ Y., ~, ....... ~..~. .................. pursuant to application doted ..... ~,~.~..~.....JJ. ............ , 19.~...~., and approved by the Building Inspector. ~....~.~....':. ...... Building Inspector Rev. 6/30/80 BLDG. DEPT. TOWN OF SOUTHOLD FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted m~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable.· B. For existing buildings (prior to April 1957}, Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of p~operty showing all property lines, streets, buildings and unusual natural or topographic featu res. 2.Sworn statement of Owner or previous Owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: Additions $25.00 POOLS $25.00 ALTERATION $25.00 1. Certificate of occupancy New Dwelling.$25.Q0, Accessory ~$10.00 Business $50.00 2. Certificate of occupancy on pre-existing dwelling $ 50.00 3- Copy of certificate of occupancy $ 5.00, over 5 years $]0.00 4.Vacant Land C.O. $ 20.00 5.Updated C.O. $ 50.00 Date New Cons truc tion ...... Old or Pre-existing Building .......... Vacant Land Location of Property ................ L~[[~'T°/~ Street .... Owner or Owners of Property . ~ f,.~y ........... {[?~..~.j, ............. County Tax Map No. lO00Section .... [.~.~.... 8'ock ...([ ...... Lot .... j.(~. ....... Subdivision ................................. Filed Map No ........... Lot No .............. Health Dept. ' ...................... Labor Dept. Approval ...................... Approval . j~/_/~ Underwriters Approval ...................... Planning Board Approval Request for Temporary Certificate ..................... Final Certificate . . . Fee Submitted $ ............................. Construction on above described building and~l~rmit meets all a~pJicable codes and regulations Applicant . . HENRY J. SMITH & SON, PLUMelNG~ HEATING & FUEL OIL MAIN ROAD SOUTHOLD, N.Y. 11971 (516) 765-3690 Inc. ~RT I FI C AT I ON D a t e _S_e~_t e~m_b_e_r_l_9_~_ _198_8__ Building Permit No.__l_6~&~ Owner__~D~h_o~_Gambino Plumber__~BEZ J. Smith & Sonz IRC · I certify that the solder system contains less than 2/10 used in the water supply of l Z lead. Sworn to before me thie __l~thday of _Se_p_t_e_m. ber , Notary Public, Suffolk County BERNADETTE L TAPLIN NOTARY PUBLIC M844893 State of New York Residing in Suff~tk County oC~ Commi~ofl Expires SepL 30~ Board of Trustees _ Anthony Gambino Approval Page 2. - This permit will expire on April 29, 1988 if work has not COmmenced by said date. There are two inspections required and the Trustees are to be notified upon the COmpletion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall fiIe with the Clerk a Certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the Operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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° PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANy OTHER TOWN PERMITS THAT MAy BE REQUIRED FOR THIS PROJECT. Please remit $10.00 for Wetland Inspection Fees. Upon remittance yOUr permit will be forwarded by mail. HPS:ip CC: Very truly yours, Henry p. ~mith, Presiden Board of Town Trustees t Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File UNDATION (~st) UNDATION (2nd) UGH FRAME / PLUMBING SULATION PER N. Y. STATE ENERGY CODE ADDITIONA'L COMMENTS: HENRY P.$~ITII, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIPJ. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOAR1) OF TOWN TRI'STEES TOWN OF SOUTHOLD Town lhdl, 53095 Main F, oad P.O. Box 728 Southold, New York 11971 April 30, 1987 '['ELEPiIONE (516) 765'1§92 PAID 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 Soutbold, application dated January 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and ¥~EREAS, a public hearing was held by '.ha Towa 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 TO: Construct a 30' x 50' single family dwelling plus attached decks a minimum of 60' landward of high marsh. Install a sanitary system a minimum of 100' iandward 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. Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 2..~ SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 FA and Joseph A. Esquirol, Jr., adjoining property owners, is attached for your record. We request that you again review the building- permit file and issue a Stop Work Order immediately until the 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. lk Your~s very ~ru~bI~,,~ ~ GERARD P. GOEHRINGER ~ CHAIRMAN Hon. Gerard P. Goehringer Chairman Board or. Appeals .Southold Town Hall Southold, New York 11971 September 3, 1987 Application of Anthony and Grace Gambino Section 115, Block 11, Lot ~o-,: 10 Building Department Permit No. 16340 Z / 87 Dear Sir: At~ached 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 nos 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), occuring on the subject premises. We also believe that there are other issues both legal and factual affecting the developability of these premises,' which the Board of Appeals, ~nlike other agenci, es i~v01ved, has jurisdiction to hear and decide'.' In order to prevent oossible furthe~ eConOmiC harm to all concerned, we'~weuId ask you now to cause a stop work order to issue forthwith, pending a hearing ~nd determination by the Board of Appeals. Re.spec t fully ~ours,. ~ _ 1350 Lupton Point ~attituck, New York 11952 cc: Francis J. Yakaboski, Esq. BY HAND FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. 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: ~ ~ / _ $OUTHOLD 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, 97-20 (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. -Z- Very truly yours,D Board of Trustees FAK:ip ~e: Board of Appeals Bldg. Dept. Anthony Gamb%no file Please be advised that there is a $25.00 fee for this waiver at this time. May 18, 1988 142 JORALEMON STREET BROOKLYN, NEW YOrk 11201 6§§-5684 855-6866 Town of Southhbtd Building Department Town Hall Southhold, New York 11971 Re: 1450 Lupton Point Road Mattituck, New York Section 115, Block 11, Lot 10 Gentlemen: Our client, the Honorable Joseph A. Esquirol, Jr., residing at 1350 Lupron Point Road, Mattituck, New York, has brought to our attention that Anthony Gambi¼o is constructing a deck adjacent to his houss. This is a violation of paragraph 3 of the resolution in Appeal No. 3672, dated September 16, 1987. Please issue proper cease a~d desist order. Very truly yours, COMPOSTO & LONG;~_~.~ MARCO A, LONGO, JR. MAL:om SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK .............................................. ANTHONY GAMBINO, Applicant, Application No. 3672 AFFIRMATION IN OPPOSITION and HON. JOSEPH A. ESQUIROL, JR., and SUSAN F. ESQUIROL, Opponents. ii 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 Affiz~ation 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 witt~ 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 tile Affidavit In Opposition submitted by the Hon. Joseph A. Esquirol, Jr. and Susan F. Esquirol, Opponents, your affirmant respectfully reqnests that this Board consider the folJowing 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 §lO0-31A of the Zoning Law; If so, is this Applicant a person contemplated by the legislators as qualifying under § 100-3lA to build on a lot with an area of less than 40,000 square feet; ~at is the significance of the unclear date on his deed and the acknowledgement thereon (attached hereto); ~at was the Applicant's intent in sending tbe 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., ESQ. Dated: November 10, 1987 WICKHAM, WICKHAN~ ~ BRESSLER, P.C. ~^~N ~O^D. P.O. ~OX ~a4 MATTITUCK, LONG ISLAND NEW YORK II95~ 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 ru y yo , WICKHAM, WICKHAM & BRESSLER, MAIN ROAE), P.O. BOX 1424 MATtlTUCK, LONG ISLAND OFFICE 516-298-5300 . November 2, 1987 Honorable and Mrs. Joseph A. Esquirol Lupton Point b~ttituck, NY 11952 Dear Judge and Mrs. Esquirol: This is the last warning regarding your interference with }fr. Gambino and his building program. Just one further instance will precipitate action, the extent of which you could not anticipate. Very trt~fy yours, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FileNo ................................ Date..~C~r~...~....~ ...... 19~. ~.~~..~,~.. ~.~, ..... PLEASE TAKE NOTICE that your application dated ..................... 19 ~ ~.. ~o~ ~ ~o ~o~,,~.. ~.~~ ~.~. .................. . ........... ~ H~s~ ~o~ .... ~ ........... St~t Hamlet County Tax Map No. 1000 Section ..... //.~ ..... Block ..... J/. ....... Lot /,~ .......... Subdivision ................. Filed Map No ................. Lot No .................. ~.~. ~ .~.~. ~. ~.~. ~ .-..~.~.. . . ,.. ~ ~ ~ ...................... Building Inspector RV1/80 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 App1. NO. 3672 Applicant(s) Anthony Gambino Location of Property: East End of Lupron Point Road, Mattituck County Tax Map ID N. 1000 - ]]5 - ]] - ]0 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 ~?~nc~ 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 onlthe 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 To__wn Trustee~ and he got ap- proval to put his house within 60 feet of Deep Hole Creek. And then, through the Land ~se Company, h~ 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 an~ he~_poured a foundation all before re~ocation of his building permit, i't's ~om~ to our atten'tion and we are be'~ore the Page 2 - November 10, 1987 Bublic Hearing - Anthony 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.d~ hy 15 fe~et~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 ~Q f~ ~which he has beeD qra~ted 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 10, 19~7 Public Hearing - Anthony Gambino ~outhold 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 the~lre~dy-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 abo~t? 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'thihk it is sel~'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 ~4r. 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. ~he 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 10, 1988 Public Hearing - Anthony Gambino $outhold 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 p~%d for the property and what you put into the property so far and what it represents. MR. oGAMBINO: 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 expenditdres 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 d611ars 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 10, 1987 ~ublic Hearing - Anthony Gambino Southold Z.B.A. MR. BRESSLER: Thank you Mro 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. W~ 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 20% 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 10, 1987 PubLic Hearing - Anthony Gambino Southold Z.BoA. 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 kook' 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 19837 Why was it filed in 19847 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 particuler 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 J~dge Escrow. MR. BRESSLER: Not having seen the affidavit and affirmation, 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, Y'm sure the Board has in its possession, an earlier survey demonstrating that a twist of Page 7 - November 10. 1987 Public Hearing - Anthony Gambino ~outhold 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 nothingt 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 disputeoas 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 10, 1987 Public Hearing - Anthony Gambino ~outhold 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 oh 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 10, 1987 Public Hearing - Anthony Gambino Southold Z.B.A. MR. BRESSLER: In light of your ruling, ] ask for two minutes then for Mr. Gambino to explain the nature of the letter and that will conclude my proof. ~gaJ~n, I state it is with great hesitation and pain that I do this. Mr. Gambino. The objectants; Joseph and Susan Escrow have put into evidence the letters of August 4th and November 2nd as written by William wickham to the Judge and Mrs. Escrow 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 Escrow said 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. to me... What Mr. Wickham said 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 remedyl' 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 10, 19~7 Public Hearing - Anthony Gambino ~outhold Z~.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 .... Page 11 - November 10, 1987 Publi~ Hearing - Anthony Gambino 6outhold 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 to 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. Iithank 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. Memorandum from .... BUILDING INSPECTOR'S OFFICE TOWN OF $OUTHOLD Tows HALL, SOU?aOLD, N. Y. 11971 765-1802 765-~.802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ] INSULATION FRAMING [/~INAL REMARKS: DATE 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ J FOUNDATION ZND [ ] INSULATION INSPECTOR 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 15T [ ] ROUGH PLBG. FOUNDATION 2ND ~INSULATION FRAMING FINAL REMARKS: DATE 765-1802 BUILDING DEPT. INSPECTION ~-~ROUGH PLBG. FOUNDATION 1ST FOUNDATION 2ND [ ] INSULATION FRAMING ,r. ] FINAL ,,..,,,,.,,,,s, DATE INSPECTOR 76S-t802 BUILDING DEPT. NSPEI TION [ ] FOUNDATION ZST [ ] FOUNDATION [ ] FRAMING REMARKS: O, ~ [ ] ROUGH PLBG. 2ND [ ] INSULATION [ ] FINAL '7'~" DATE INSPECTOR~ 765-1802 BUILDING DEPT. INSPECTION [ F~~O.UNDATION 1ST [ ] ROUGH PLBG. UNDATION 2ND [ ] INSULATION FRAMING FINAL DATE THE NEW YORK BOARD OF FIRE UNDERWRITERS ~ O0107 ~ BUREAU OF ELECTRIC, fTY ~-- 85 JOHN STREET. NEW YORK. NEW YORK 10038 ~t~ ~ Jpplicallon No. on fil~ THIS CE~IFIES THAT GA~B]'NO, IdlPTON POINT R()AD~ ~ examin~ on andf~nd to be in ~m~iance with the ~ui~ments of thb ~. MXTUll MXTUI~S IIANG~S OVlNS OUTLIT$ SWITCHES 7~ ~2 ~5 7~ DWYHS FURNACE MOTOIIS FUTW AFfUANCl OTHER APPARATUS: 4 TON ~tC UN]1'S--1 MO'FO~S: 1-:{ H.P. (;.v.C.]:-~ CONTRACTOR SOUTI{OLI), NY 1:1971 2/0 t :1 This certificate must not be ahered in any manner; return to the off{ce of the Board if incorrect. Inspectors may be identified · = ~ FMC. BU___ILDI!~_~DEPART~MEN~T._ _'I'WS COPY OF CERTIF .I~A~T~_, k~T NOT.. BE ALTERED I. mY MMMER. '0~~1 'O~)NO-I ~g O.L~OdI~O:D A~plication No. 3672 · ~ndex No. Year 19 SOUTHOLD TOWN BOARD OF APPEALS, TOWN OF SOUT~OLD, SUFFOLK COUNTY, NEW YORK ANTHONY GAMB INO, 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 4ddress, T~lephone 142 JORALEMON STREET BROOKLYN, NEW YORK 1 To Attorney(s) for Service of a copy of the within Dated, is hereby admitted· Attorney(s) for Sir:--Please take notice 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 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, To Attorney(s) for CONIPOSTO & LONGO, ESQ. Office and Post Office Address 142 JORALEMON STREET STATE OF NEW YORK, COUNTY OF ss.: I, tile undersigned, an attorney admitted to practice in the courts of New York State, C~] Certiflcati0n certify that the within i : ~ By att0r,,y has been compared byi me with the original and found to; be a true and complete copy. Aflirmatien state that I a~n the atton~ey(s) of record for in 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 informati,on and belief, and as to those matters I believe it to be true, qbe reason this ve?ificatlon is made by mc and not by The grounds of my belief as to all matters not stated uponI my own knowledge are as follows: I affirm that the foregoing statements are Dated: STATE OF NEW YORK, COUNTY OF I, Verification Verification except as to the matt, it to be true. This ve~ The grounds of my belief as to all maU true, under the penalties of perjary. STATE OF NEW YORK, COUNTY OF I, of age and reside at On I9 19 I ,served the within Th~ name signed must he grinted beneath being sworn, say; I am not a party to the action, am over 18 years Sworn to before me on ~ [--I person. I Sworn to before me on by depositing a true 6opy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.$. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: i by delivering a true copy thereof personally to each pets,on named below at the address indicated, I knew each person served to be the persbn mentioned and described in sa~d papers as a party thersit~: 19 being sworn~ say: I am in the within action; ! have read the foregoing i 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 of a corporation and a part), in the within action; I have read the foregoing and know thc contents thereof; and the same is true to my own knowledge, ,rs therein stated to be alleged upo~ information and belief, and as to those matters I believe ificatioa is made by me because the a,bove party is a corporation and I am an officer thereof, ~rs not stated upon my own knowledge are as follows: Southdd Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1t~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3672 Application ~ated September ]6, TO: Eric J. Bressler, Esq. as Attorne~ for Mr. Anthony Main Road, Box 1424 Mattituck, NY 11952 1987 Gambino TOWN OF SOUTHOLD )pellant (s) ] At a Meeting of the Zoning Board of Appeals held on December ]0, ]98~, 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 Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] 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 lO, 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. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS 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 ×I, Section lO0-119.2(B) requires all 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 Constable issued a Stop Work Notice concerning the Town Trustees Wetland Permit~ Bay (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 zoning 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. Matter of ANTHONY Decision Rendered 3672 GAMBINO December 10s 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 II, 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 lO0-10 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 lO0-31(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 Page 4 - Appl, No. Matter of ANTHONY Decision Rendered 3672 GAMBINO December 10, lg87 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~ 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 l~nd 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 arains or similar basins where necessary (aha 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. lk GERARD P. GOEHRINGER, C~AIRMAN Examine~..~,.~ Appro~ .'~ .~. 'FORM NO. 1 TOWN OF SOUTHOLD CItECK BUILDING DEPARTMENT SEPTIC TOWN HALL NOTIEY $OUTHOLD, N.Y. 11971 TEL.: 765-1802 CALL MAIL BOARD OF HEALTH ...... 3 SETS OF PLANS ....... SURVEY .......... FORM ............. : TO: ., 19~3. ., I9~..-I. Permit No. J..~.(e..~.~..~. Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and givhig a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Bui/ding Permit· d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, budding code, ho,using code, and regulations, and to admit authorized inspectors on premises and in building for necessary~ (Signaturffof applicant, or name, if a corporation) · (Mailing address of applicant) ' State whether applicant is owner, lessee, agent, architect, enDneer, general contractor, electrician, plumber or builder. ............. ow I Lo-.. ........................................................................ Name of owner of premises .. ~k~.'l~...~...~.. ·.~r.~.~.....~....~../..'.t~. ............................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of co¢orate officer) · ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No .......................... Plumber's License No Electrician's License No ....................... Other Trade's License No ...................... I. Location of land on which proposed work will be done .................................................. · ..Lu, ...... .... House Number Street Hamlet County Tax Map No. 1000 Section .... Subdivision ..................................... Filed Map No ............... Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....... b. Intended use and occupancy ...... .,~]k)...~..~..~:..~..17%...[[..~....~.~..~...,~..k:)..~..~. ......... ./. 3. Nature of work (check which applicable): New Building Addition .......... Alteration Repair .............. Removjl .............. Demolition .............. Other Work ............... 4. Estimated Cost ...... [5.{~). tO.~. · ..................... Fee ...................................... , ' (to be paid oia filing this application) 5. If dwelling, number of dwelling units .... O.~..~. .. ~=~ umber of dwelling units on each floor. If garage, number of cars ...... ~ ...... ._~.~: [...~N .............................................. 6. If butanes , commercial or mixed occupancy, specify nat. ure and extent of each type of use .' ............ ' ........ 7. Dimensions of existing structures :if any: Front... ~/Jx ...... Rear ............. , Depth ............... Height ............... Number of Stories ........ ' ...... : ................................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ..................... I Height ..... -' · 'l ...... 1, · p .... Nu.mbe~ of Storlest~ ........ :.j .... 4.t. t1.. · 8. Dimensions of entire new construction: Front .4.~o. 7. 1(~. 7~ .. Rear . .~.{:.~.t.._ lC~!/~ Depth .~...1. -O'/.~, 1 1. Zone or use district in which premises are situated....~..~..~).~. ~..k.~. J.R..~. ................. 1 2. Does proposed construction violate any zoning law, ordinance or regulation: ...... l>l. ........................ 1 3. Will lot be regraded .......... /~D ............... Will excess fill be removed from premises: y.,es X No 15. Is this property located ~i. thin 300 feet of a tidal wetland? *Yes ..... No ..... · If yes, Southold Town T~n~s~ees Permi~ maybe required. - ' ~.~LO~F DIAGRAM . ~'Fy,4~-.MtND d~~ ~o -%7 Locate clearly and distinctly all 10uildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block n~lmber or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S.S COUNTY OF ................. ....... ~.'11~.['¢..~....~..~.~...~. ..................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ............... .... '[' "." .... (Contractor, ;;;at~ 'c;~;;a't 'e, ;'f~il;;, 'e'tl .') ......................... )f sflid owner or owners, and is dulyl authorized to perform or have performed the said work and to make and file this ; that all statements contained in this application are true to the best of his knowledge and belief; and that the aerformed in the manner!set forth in the application filed therewith. before me this .... · ~..~ ......... day of Publi~ .. HEL£N & D£VO£ t.[ N01~t ~U~tlC, Stat0 o* ~0~ ¥~k ....... of a~plicanti . No. 4707878, Suffolk ~erm Expires M~teh 30, G~ I~?./.t[, 19.3.7 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL P, OUTHOLD, N.Y. 11971 TEL.: 765-1802 BOARD OF HEALTH 3 SETS OF PLh~S SURVEY .,.~.'.~..~~ CHECK ~- s~c ~o~ ~: ......... NOTIFY ~A~ J~f:.W.?~ ...... MAIL TO: Approv~a~.../.~.., 191~..~. Permit No./. b. .~.9..o..~. Disapproved a/c ..................................... ................................ .... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date..~..~..:...[[ ..... , 19.~.') INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall b~ occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, bui124~ng code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary ins~t~.i ~tions ~.~ '' i~ig~a~ttt~r~licant, or name, i~ ~ 'cg~g;a'tio'~) .... .$%..~....~F.~. P.LY~...~...t>~ 9~ .,.~ .~..TT!~ .~...k (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. ...... O..u~...~.~.. ............................................................................... Name of owner of prmnises . ~...T..~..~3....~...~...C~..~(...-~.~....~.~.. ~.~.a~...c5. ............................. (as on the tax roi1 or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of co¢orate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade s License No ...................... Location of land on which proposed work will be~lone ... !.7..:..0 ...... e:.. .................................. House Number Street Hamlet County Tax Map No. I000 Section ..... [}.~ ......... Block ...1.1 .............. Lot.../.<:~.. ............ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of prmnises and intended use and occupancy of proposed construction: a. Existing use and occupancy ........ ~F~XZ1' .................................................. b. Intended use and occu anc ,~7..~C.~ '~...~.'~'"~ (-'~'~ )':'F~,~ P Y ............. ~ ........ ~. - . .,.,~. .................... 3. Nature.of work (check which applicable): New Building ....~. .... Addition .......... Alteration ........... Repair .............. Removal .............. Demolition ............ Other Work ............... ~. (D ipli ) 4. Estimated Cost ................................. Fee .................................... · (to be paid on filing this application) 5. If dwelhng, number of dwelhng units ..... .(2~jt~..~.,...-, Number of dwelling units on each floor....."~.. ......... If garage, number of cars .... ;...TT...¥~.. ~.,~...~ ................. . ............................. 6. If business, commercial or mixe!d occupancy, specify nature and extent of e~ch type of.,ds~ .... ~ ............ 7. Dimensions of existing structures, if any Front ....}:~.~..~.- .... Rear .... Depth . Number of Stories Height ...... Dimensions'of same structure With alterations or additions: Front ................. Rear .................. Dept ................... i' · · Height ......- · '~ ...... I ~' }~ .... Nunlber, of Stqr~e~, ........... ~ ....t.I- ~1. · · ---8. Dimensionsof_enti. J.~ new construction', . Front ................ ,~.. :,, .Ic:~ /;~, ar . .4~'- I.~/~Z,", Depth . .C_q, ( ....... -O'/~. , Height .... ~.c?. ~ ..... Number of Stories ..... ~q~..C?...Q~ .................... .~...,..-. ........... 9. Size of lot: Front ...... [ .~..C~ ..... , ...... Rear....I~.."~. ~.H,~..[,~. ~ .~Deuth .. J..~D.. ! .,'.tg. . 1 0. !)ate of Purchase ..... [.~q~,, ............... Name of Former Ownel... ~.~.~ 1 1. Zone or use district in which prlemises are situated ...... ~-,~>1 C~.~t~.Tl~r'.Lr. ............................ 12. Does proposed construction violate any zoning law, ordinance or regulation: ..... .~...C~. ....................... 13. Will lot be regraded ....... ~.. .................. Will excess fill be removed from premises:, Yes ..~ Nd 14. Name of Owner of premises f~t/~.~_~//~,..~.'.~..177..t~..~q~tress . }t4d~.~.T( ~'(.~.`. Phone No. ~ .~..~. 7~/..'~O. Name of Architect . .97/~41~...rr~,~..S~..~-2..,..~..~..C:.c... Address . .[g~.~.~..1~..t ~ ..... Phone No.~-F~?. ~. 7.~L.~..O.O... Name of Contractor . IA~:2~... ~??~}r. 4.1 .CP. ..... Address .. in,giT. ~'t ~..,P~one $o.~<~.g .'r..qt/7.~. 15. ies this property located within 300 feet of a tidal wetland? *Yes ..~. ~No ..... · If yes, Southold Town ~e~s '~'~rmiO mag be required. Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property Hnes. Give street and block number or description according and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, COUNTY OF ................. i S.S ...... ~~...C.-~.. 79..,.,~./...,~n~3. ................ being duly sworn, deposes and says that he is the applicant (Name of individual sig~ing contract) above named. He is the ......................................................... -- ~ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is dqly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .... ['~ ........ 't ......... day of ..................... , 19.. Nota, ublic. ...W.-... HELEN K, DE V E NOTARY PUBL C, State ot New york ..................... No. 470787~, Suf101ki~uat~AT- 0 (Signature of applicant) lerm Expires Uxmh THE WAT[" ~Y A~ ~WAG~ ~ SERVICES -- FOR APPROVAL OF r ,¢ SUFFOLK CO. HEALTH DEPT. APPROVAL ( PLEASE NOTE t I~ the applicanVs respons bjJjt~ d~lermmatlo~ 8n~ ~ntam adeq[mle sm'fiL~rv disposal ~, , faciliHes. ,, , ~ ~ATEMENT OF INTENT ,,~ , ~ THEWATERSUPPLYANDSEWAGEDIS~SAL S~STEMS FOR THIS RESIDENCE WILL /~.5~ P~ ~ ~':~'-'" ~' CONFORM TO THE STANDARDS OF THE -- ............ %-.- ..... SUFFOLK COUNTY~ DEPT, OF HEALTH ,~ SERVICES -- FOR APPROVAL OF APPROVED: ROOERICK VAN TUYL, P C. GREEINPORT NEW YORK SUFFOLK CO HEALTH DEPT APPROVAL STATEMENT OFINTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTH SERVICES. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY DATE, H.S. REF NO.. /~ -- ~ 0 ~ ~ APPROVED- SUFFOLK CO TAX MAP DESIGNATION. DIST. SECT, BLOCK PCL. DEED; L. ~4 3~'~ TEST HOLE STAMP I I z OCCUPANCY OR USE IS UNLAWFUL MBER I T BEFORE WITHOUT CERTIFICATE OF OCCUPANCy TOP rot no.; LIh~ ~U date: ch?cked drawihg number~' date: ,~ drawing nur~l°er: ,1 I ",, / \ / drawlnO e: .,., drawn by: cheCk,ed date: ing number: ~ draw . / ,/ drawn ,: re,mo,:. ~ drawing title', drawn date: drawing number: , ref, no,:, ~hecked bY: