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~
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date:
ch?cked
drawihg number~'
date:
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drawlnO e: .,.,
drawn by: cheCk,ed
date:
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drawing title',
drawn
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drawing number: ,
ref, no,:,
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