HomeMy WebLinkAbout#7694 Martino - Documents received as of 11-9-2022 Theresa Dilworth
3755 Hallock Lane
Mattituck,NY 11952,
November 9,2022
Zoning Board of Appeals
Leslie Kanes Weisman, Chairperson
Town of Southold oCf1VF—D
Town Annex
54375 Main Road
Southold, NY 11971
�of APPea%s
Re: Southold Town ZBA Meeting Zoning Boa
3875 Hallock Lane, Mattituck
Dear Ms.Kanes:
This is a follow-up to my letter of October 27 and my oral comments at the public hearing November 3,2022,
regarding the matter of Richard Martino, which involves a request for Variances from certain Articles of the
Southold Town Code and from the Building Inspector's May 26,2022 Notice of Disapproval of an application to
legalize a certain shed and gazebo:
1) shed located otherthan in the code permitted rear yard
2) gazebo located less than the code required 100 feet minimum from the top of the bluff(actual
placement of the stone patio is a little over a foot from the bluff and the gazebo is about 9'from
the bluff)
3) as built gazebo located less than the code required minimum side yard property line of 25 feet
(actu l placement of,thestQne-pAtica,is a_lithe Q►[er #oqt#rom the side yaxcJ liri_e-and,the gazebo is
about 9'from the side yard line).
I would like to add one more comment to the record. It was stated by the Martino's attorney during the public
hearing that the stone staircase is connected to the gazebo and therefore the DEC determinations as to the
staircase might also apply to the gazebo. I do not believe this to be correct,but ratherthey were separate
projects done M different times. 1-could see the progress of the building of the staircase froni my property.
As I was researching the Town Code with respect to Article §78, 1 came across the following criteria that must
seemingly all be met before zoning-standards are modified.See language from Code§111-20,,attached and
below.Also, §111-21 states that"any request for a variance must be in writing and specify the standard,
restriction or requirement to be varied and how the requested variance meets the criteria of§ 111-20 of this
chapter.The burden of demonstrating that the requested variance meets those criteria rests entire ly with the
applicant.,"-
Unlike most law-abiding citizens,the Martinos did not request a zoning variance before buildingtheirstructures.
It is clear that they do not and cannot meet any of the standards of Code §111-20, much less meeting.all of
them:
§ 111-20 Variances from standards and restrictions.
Strict application of the standards and restrictions of this chapter may cause practical difficulty or unnecessary
hardship.When this can be shown,such standards and restrictions may be varied or modified,provided that
the following criteria are met: (This language appears to require that all the following criteria must be met.)
A. No reasonable,prudent,alternative site is available. To The contr&yjfiere are countless`reas-orrable,
prudent sites on the 3+acre property that are available to locate the gazebo.These alternative sites meet
the 1W setback from the bluff and the 25'setback from n eiftoi's properties.There are also countless
reasonable, prudent,alternative locations where the shed can be placed that meet the side yard,front
and/or backyard restrictions.
., All responsible means and measures to mitigate adverse impacts on natural systems and theirfunctions
and values have been incorporated into the activity's design at the property owner's expense.
'Respansiplemeans and me-asup-m were not undertakemto mitigate adverse impacts on natural'systems on
the edge of the coastal bluff,or on the woodlands leading down to the beach.Quite the contrary,the
project wient ahead Wfthout cbhsid'eration bf Mitigating erosion on the bluTf edge or impacts on deer,
coyote,wild turkeys, birds,turtles, rabbits, moles, insects,trees, plants or other wildlife that live on the
bluff.
C. The development will be reasonably safe from flood and erosion damage. To the contrary,_placing stone
structures a little over a foot away from the edge of the bluff, combined with the inevitable forces of
gravity,will eventually cause the bluff slope to become unstable, leading to gradual collapses and dirt
slides, as evidenced by many other buildings historically built too close to the edge of the bluff in past
decades. It is common sense to keep structures as far away from the bluff edge as feasible, and to avoid
adding excess weight and other disturbances near the bluff top edge.This is the very reason forthe 100'
setback requirement!
D., The variance requested isthe minimum necessaryto overcome the practical difficulty or hardship which
was the basis forthe requested variance.There are no practical difficulties or hardships at issue which
justify a variance. If the gazebo is legally moved to be 100'from the bluff and 25'from the side boundary
in any of countless alternative locations,the owners will still have an outdoor stone structure from which
they can entertain,barbecue,etc. There is no reason for it to be so close to the bluff edge.As noted in the
hearing,there is also no need for the stone staircase. Unlike other bluff owners who have a bare sandy
bluff and need a staircase to reach their beach,the owners can simply walk down to the beach without a
staircase.
-E. Where publicfunds are utilized,the publicbenefits mustclearly outweighthe long term adverse effects.
Not relevant since publicfunds were not used.
Very Truly Yours,
I �
J
Theresa Dilworth
cc: Rachael C. Davey, Esq.
Davey Law P.C.
32G Main Street
Center Moriches, NY 11934
cc: John Burke, Southold Deputy Town Attorney
Town Hall Annex,54375 Route 25
Southold, NY 11971
§ 111-20. Variances from standards and restrictions.
Strict application of the standards and restrictions of this chapter may cause practical
difficulty or unnecessary hardship. When this can be shown, such standards and
restrictions may be varied or modified,provided that the following criteria are met:
A. No reasonable,prudent,alternative site is available.
B. All responsible means and measures to mitigate adverse impacts on natural systems
and their functions and values have been incorporated into the activity's design at
the property owner's expense.
C. The development will be reasonably safe from flood and erosion damage.
D. The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for the requested variance.
E. Where public funds are utilized,the public benefits must clearly outweigh the long-
term adverse effects.
:1
§ 111-21. Format and procedure.
Any request for a variance must be in writing and specify the standard, restriction or
requirement to be varied and how the requested variance meets the criteria of§ 111-20
of this chapter. The burden of demonstrating that the requested variance meets those
criteria rests etitirely with'the applicant
:1
At a term of the Appellate Term of the Supreme Court
of the ,Mate of New York for the 9" & 10`h Judicial Districts
SEP 18 2015
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT DUNE 8, 2015 TERM
I
FRANCESCA E. CONNOLLY, JJ. 2013-2134 S CR
____.---------------- -- -------_--_--__--_---- --x
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent.,
against- Lower Court#
06120016
RIC- I D tliAll i INC),
Appellant.
_-..w_-______________
-:Mnvc named appellant having appealed to this court from a JUdGMENT�
OF CONVICTION of the JUSTICE COURT OF THE TOWN OF SOUTHOLD ,
SUFFOLK COUNTY rendered SEPTEMBER 16, 2013 and the said appeal having
been arnwed by ERIC J. BRESSLER, ESO., counse! for the appellant and submitted
by L.ORp M. FEU SE, ESdt., counsel for the respondent and due deliberation having
been had thereon; it is hereby,
ORDERED .AND ADJUDGED that the judgment of conviction is reversed, on the
_law, the accusatory instr0ment is dismissed, and the fine, if paid, is remitted.
lannacci, J.P., Tolbert and Connolly, JJ., concur.
ERIC J. BF,'ESSLER, ESQ.
WICKHAh BRESSLER & GEASA, P.C.
10*15 MAIN RD.
P.Q. BOX 1424
MATTITUCK€ NY 11952
ENTER-
LORI M. t-iLfl_'--_'B. ESO,
ASSIST A !T S�:UTHOLD TOVIN ATTORNEY PAUL KENNY
P.O. BOX -E 179 CHIEF CLERK
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COMPLVNANT J I DATE. 40w% CASE
95-20 1(8187)-9tl
New York State
Department of Environmental Conservation
Ohio
Amh NOTICE
NOW
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator fisted below. Please refer to the permit number
shown when contacting the DEC. r'
Regional Permit Administrator `f�
Permit Number
39-� d
Expiration Date Q �- _-�
NOTE: This notice is NOT a permit
NEW YOR.K STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION
X
In the Matter of the Violations of the New York
State Environmental Conservation Law ("ECL")
Articles 25 and 71 and Part 661 of Title 6 of the
Official Compilation of Codes, Rules and ORDER ON CONSENT
i Regulations of the State of New York ("6 NYCRR") DEC FILE Nos.:
f by: RI-20070815-215
RICHAR.D MARTINO, R 1-20070815-216
ELISE MARTINO,
and
LA BELLA ROMA HOME IMPROVEMENT CORP.
(Suffolk County) Respondents
. . . . . . . . . . . . . . . . . . . . . . .. . X
WHEREAS:
I. The Department of Environmental Conservation of the State of New York (hereinafter
"DEC"or"Del artnncnt") is and has been a Department of the State of New York,
charged with jurisdiction to enforce the environmental laws of the State pursuant to §3-
0301 of the Environmental Conservation I.aw of the State of New York(hereinafter the
"ECU').
2. The Department is responsible for the administration and cnfo.rcernent of laws and
regulations pertaining to the regulatian of tidal wetlands in the State of New York,
including Article 25 of the ECL and Part 661 of Title 6 of the Official Compilation of
Codes, Rules and Regulations of the State of New York(hereinafter"6 NYCRR").
3. ECL Article 25,Title 4, specifically § 25-0401.1, and Part 661 of 6 NYC:RR, prohibit
conducting any regulated activities in or adjacent to any tidal wetland without the
requisite pennit, or in noncompliance with the requisite permit.
4. Pursuant to ECL Articles 3 and 25,the Department has promulgated Part 661 of 6
' NYC:RR establishing land-use regulations for tidal wetlands which also prohibits the
conduct of regulated activities in or adjacent to tidal wetlands without or in
noncompliance with the requisite permits.
5. The Department has documented that'Respondents RICHARD MARTINO and ELISE
MARTINO (hereinafter"Respondents Martino")are and have been the owners of certain
real property situated at 3875 Hallock Lane Extension, Mattituck,Town of Southold,
Suflblk County, New York(hereinafter referred to as the"Site"), during all times relevant
to matters made the subject of this Order.
L^
6. The Department has documented that Respondent LA BELLA ROMA HOME
IMPROVEMENT CORP. (hereinafter"Respondent LA BELLA ROMA") was and still
is a domestic corporation organized and existing under and by virtue of the laws of the
State of New York.
T 'Tile Department has further documented that Respondent.LA BELLA ROMA was
engaged to construct the concrete and stone stairway down the bluff at the subject Site,
made the subject of violation.
8. Permit 1-4738-03014/00001 (hereinafter the"Permit")was issued to Respondents
RICHARD MARTINO and ELISE MA.RTINO (hereinafter"Respondents MARTINO")
effective December 3, 2002, and expiring December 3, 2012, authorizing certain
activities including the replacement and installation of railroad tie steps with handrails
down a bluff for access to the beach.
9. Citing noncompliance with the Permit, the Department commenced enforcement
proceedings identified as R1-20070815-215 and R1-20070815-216, via service of notices
of hearing and complaint upon the captioned respondents.
10. A rulin, consolidating the enforcement proceedings against Respondents MARTINO and
Respondent LA BP.LLA ROMA, was issued on April 28, 2008.
11. Unless otherwise stated, reference to Respondents shall mean Respondents MARTINO
and Respondent I_A BELLA ROMA.
12. A hearing limited to addressing respondents' liability with regard to the allegations
contained in the Department's complaints,was held on June 24 and 25, 2008. A hearing
to address relief, including an evaluation of any environmental damage/impacts and
assessment of penalties,was adjourned.
l 3, A Ruling on Liability was issued on January 6, 2009.
14. In light of the Ruling on Liability and the time provided by the adjournment of the
hearing, Respondents and the Department entered into settlement negotiations, which
have culminated in this Order.
15. The Department has documented violations of ECL Art. 25 and Part 661 of 6 NYCCR,
in that Respondents caused and/or allowed the following noncompliance with the
Pen-nit:
Noncompliance with Additional General Condition#10 of the Permit,by
failing to undertake all authorized activities at the Site in strict
conformance with the approved plan. The Permit authorized 8" x 8"
railroad tie steps set into grade and Respondents installed concrete and
stone stairs with footings. .
Page 2 of 10
- Noncompliance with Special Condition 741 of the Permit, b\ placing or
storing construction debris on the face of the bluff. The Permit authorized
temporary storage of construction materials and debris to be on site as part
y of the authorized activities but construction debris remained for several
months.
Noncompliance with Special Condition 94 of the Permit, by clearing
vegetation on the bluff. The Permit authorized disturbance within a
prescribed area for installation of the 8" x 8" railroad tie steps and
Respondents caused clearing to occur beyond that which was approved
under the Permit,
16. Pursuant to ECL §71-2503, any person who violates any provisions of or who fails to
perform any duty imposed by ECL Article 25 and 6 NYCRR Part 661, subjects the
violator to a civil penalty of up to TEN-THOUSAND ($1.0,000) DOLLARS for each
violation,and for each day the violation continues, as well as criminal penalties and
in relief.
17. As it pertains to the subject Site, it is acknowledged that administration of ECL Art. 34-
known as the"Coastal Erosion Hazard Areas Act", and the implementing regulations set
forth at Part 505 of 6 NYCCR, have been delegated to the Town of Southold.
18. Respondents acknowledge and accept responsibility for the violations set forth herein,
and desire to settle this matter and resolve said violations by entering into this Order with
the Department rather than to continue litigation on the issues.
19. The Department agrees to settle the within matter through this Order on Consent with
Respondents rather than to continue litigation on the issues.
20. Respondents affirmatively waives their respective rights to a public hearing in this matter
in the manner provided by law, and consent to the entering and issuing of this Order,
agree to be bound by the terms and conditions contained herein,
NONNV, having considered this matter and being duly advised, IT IS ORDERED THAT:
I. Cease and Desist. Respondents shall cease and desist from further violations of any
provision of the ECL, and implementing regulations, more particularly ECL Art. 25and Part 661
of 6 NYCRR_
Page 3 of 10
Il. Compliance. Respondents shall immediately comply with all tidal wetland laws, rules and
regulations, and the attached Schedule A, Schedule of Compliance.
1II. Civil Penalty. That with respect to the aforesaid violations, there is hereby imposed upon
Respondents, a penalty in the sum of SEVENTY-FIVE THOUSAND ($75,000) DOLLARS;of
which sum, FORTY THOUSAND ($40,000) DOLLARS shall be payable via Certified Check,
Bank Check or Money Order by Respondents in the following installments: t�
1. SEVEN THOUSAND FIVE HUNDRED ($7,500) DOLLARS via Certified
Check, Bank Check or Money Order due upon Respondents' signing of this
Order,
2. Six (6) monthly installments of FIVE THOUSAND ($5,000) DOLLARS each
installment. payable via Certified Check, Bank Check or Money Order,due on
or before the 15`h calendar day of each month, commencing with November 15,
2009,
3. A final installment of"I"WO THOUSAND FIVE HUNDRED ($2,500) DOLLARS
due on or before the May 15, 2010;
and the remaining sum ofTH1RTY-FIVE THOUSAND (S35,000) DOLLARS shall be
suspended provided that Respondents are in full compliance with the terms and conditions of this
Order, including timely payment of all penalty installments and Schedule A - the Compliance
Schedule. The penalty payments shall be made payable to "NYS Department of Environmental
Conservation." A check that is not bank certified or a money order will be returned to
Respondents and this matter Nvill be deemed unresolved.
Failure to pay any penalty amounts dues under this Order in a timely fashion is deemed a
violations of this Order, subjecting respondents to suspended penalties as set forth herein and
accelerates the payment of outstanding installment penalty payments making them immediately
due and payable along with the suspended penalty, without further notice or administrative
process.
IN/. Reservation of Rip-lrts. The Department hereby reserves all its legal, administrative and
equitable rights arising at common law or as granted to it pursuant to statue or regulation,
including, but not limited to, any summary abatement powers of the Commissioner.
V. Modification. In those instances in which Respondents desires that any of the provisions,
terms or conditions of this Order be changed, it shall make written application, setting forth the
grounds For the relief sought, to the NYSDEC c/o Regional Attorney, 50 Circle Road, Stony
Brook University, Stony Brook,NY 11790-3409. No change or rmodifrcation to this Order shall
become effective except as specifically set forth in writing and approved by the Commissioner or
a duly authorized representative.
page 4 of 10
V1. Indemnification. Respondents shall indemnify and hold the Department, the State of
New York, their representatives, employees and agents, harmless for all claims, suits, actions,
damages and costs of every name and description arising out of or resulting from the fulfillment
or attempted fulfillment of the provisions presented hereof by the Respondents,their directors,
officers, employees, servants, agents, successors or assigns, except For those claims, suits, actions
and costs arising from the gross negligence or willful or intentional misconduct by the State of
New York, and/or its representatives and employees during the course of any activities conducted
pursuant to the fulfillment or attempted fulfillment of the requirements contained in this order
and annexed Schedule of Compliance.
V11. Access to Deeemmine Com nuance That for the purpose of insuring compliance with this
Order, and with applicable provisions of the ECL.and regulations promulgated thereunder,
representatives of the DEC shall be permitted access to the Site without prior notice at reasonable
hours and intervals in order to inspect and determine the status of the property, as well as access
to relevant records in order to inspect and/or perform such tests as may be deemed appropriate to
determine the status of Respondents' compliance.
Vlll.. Binding Effect. The provisions, terms, and conditions of this Order, including the
attached Schedule A, Schedule of Compliance, shall be deemed to bind Respondents and
Respondents'officers, directors, agents, employees, successors and assigns and all persons, firms
and corporations acting under or for them, including, but not limited to those who may carry on
any or all ofihe operations now being conducted by Respondents, whether at the present location
or at any other in this State.
1X. Collection Costs 1 frees. Respondents' failure to pay any penalty amounts due under the
terms of this Order may result in a 22% surcharge in recovery costs and a potential tax refund
offset by the Department of Taxation and Finance.
X. Effcctivr Date, The effective date of this Order shall be the date upon which it is signed
by the Commissioner or the Commissioner's Designee on behalf of the Department.
XI. Unforeseen_Events, Respondents shall not stiffer any penalty under any of the
provisions, terms and conditions hereof,or be subject to any proceedings or actions for any
remedy or relief, if Respondents cannot comply with any requirements of the provisions hereof
because of an Act of God, war, riot, or other catastrophe as to which negligence or willful
misconduct on the part of Respondents was not foreseen or a proximate cause, provided,
however, that Respondents shall immediately notify the Department in writing,when it obtains
knowledge of any such condition and shall request an appropriate extension or modification of
the provisions hereof-, Respondents will adopt all reasonable measures to prevent or minimize
any delay.
XiT. Resolved Violations: This Order resolves only those violations specifically articulated
and described herein and in no way limits the Department's authority to enforce any other
violations not described herein in the manner that the Department shall deem appropriate.
Page 5 of 10
XI1I. Enfire Agreement, This Order constitutes the entire agreement of the parties, and no
provision of the agreement shall be deemed waived or otherwise.modified without the written
consent of the parties hereto or their lawfully designated successors.
Stony Brook, New York
Dated, � cia�7� ''rot)ej
ALEXANDER B. GRANNIS
Commissioner of Environmental Conservation
By:
PETER A. SC LY
Regional Director
cc: Eric J. Bressler, Esc}.
Wickham, Bressler, Gordon & Geasa, P,C.
275 Broad hollow Road,Suite 111
Melville, New York 11747
!Attorne y Jbi-Respon lenfs
CONSENT BY RESPONDE IT RICHARD M&RTINO
Page 6 of 10
CONSENT BY RESPONDENT RJCHARD M. RTINO
Respondent acknowledges the author' jurisdiction of the Commissioner of Environmental
` Conservation of the State ofNew York to i ue the foregoing Order,waives public hearing or other
proceedings in this matter, accepts the t s and conditions set fob in t e rder and consents to
the issuance thereof
SIGNATG �G
PRINT NAME: RICHARD MARTINO
FULL HOME ADDRESS: � �7
DATE: CJ
ACKNOWLEDGMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the day of in the year 200 ,before me, the undersigned,
personally RICHARD MARTINO,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his individual capacity.
14 i4L�
Notary Publk If f,
e of New York
ERIC 101MATH N 8R' �iLZP
NOTARY P!f!.i;:. " ��r. York
Na. 32-e,6z 1
Qwllf-'`d in •L(f Ji4 r C[if7t]I
Term Fxpires MQrch 30,
Page 7 of 10
1b:�>r rKUM:HICKRP1 BRESSLER 631 298 S565 T0: 5S7337994
Cai4r, NT BY RESPQNDE_N-T XLIJS i1 LRTINQ
Respondent acknowledges the authority and jurisdiction of the Commissioner, of Environmental
Conservation of ft State:of New York to issue the foregoing Order,waives public hearing or other
proceedings in this matter, accepts the torms and conditions set forth in the Order and consents to
the issuance thercof,
SIGNATURE 1
PRINT NAME: LISE] k]ZTTNQ
FULL HOME ADDRESS: .
i c !�: -g D
DATE: l
ACL<,NQ VLEDGMIwNT
STATE OF NEW YORK )
)S5„
COUNTY OF SUFFOLK )
On the—day of_ ir1 the year 20t) before me, the landersigned,
personally F,1JS 4.fAT�I f1tiU,personally known to me or proved tome on the basis of
satisfactory cvidenca to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his individual capacity.
Notary Public, State of N/a�wa-Y� -A'� n
Page$ of 10
CONSENT BY RESPONDENT LA BELLA ROMA HOME IMPROVEMENT CARP.
Respondent acknowledges the authority and jurisdiction of the Commissioner of
Environmental Conservation of the State of New York to issue the foregoing Order, waives
public hearing or other proceeding in this matter, accepts the terms and conditions set forth in the
Order and consents to the issuance thereof.
LA BELLA ROMA HOME IMPROVEMENT CORP,
Respondent
By: t
Name:
Title:
an individual dually authorized by respondent to sign on
behalf of the business entity and whom may bind
respondent to the terms and conditions contained herein.
Date: Q
ACKNOWLEDGMENT
STATE OF NEW YORK )
)ss.:
COUNTY OF SUFFOLK }
On the day of. S in the year 200,�,before me personally
came 5N ,to me known,who,being du
orn did dqRQH(
ay that(s)resides at
hat(s)he is the of
LA BELLAME IMPROVEMENT CORP., the business entity described herein and
which executed the above instrument; and that(s)he signed her/his name thereto with full
corporate authority so to do.
Sworn to before me this Il day
of ,200 .
a nt•<"LGR g
Notary Public ^•fir 1r' 5 York 071tlC JOAlA7}IAN BR QW
�. RY PUBLIC,Stc'a LEX
a�.�lcvr York
No, 52-42.:371
y ...... ` Qualified in 5uifoilc CountY
Term Expires Mamh 30, }...
Page 9 of 10
r
SCHEDULE A
Ca�IPLIANCE SCI1<E)ayLE
RICH ARD MARTINO,
ELISE NIARTINO,
and
LA BELLA ROMA IIOME IMPROVEMENT CORP.
R1-20070815-215 & R1-20070815-216
I. GENERAL REQUIRE dE_NTS:
Immediately, Respondent shall cease and desist from any and all future,violations of the ECL
and the rules and regulations enacted pursuant thereto.
All submittals to the Department required under this Order shall be made by Respondent
as follows:
l) One copy to: Office of GenCral Counsel, Region One,New York State Department of
Environmental Conservation, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New
York l 1790-3409; and
2) One copy to: Bureau of Marine habitat Protection, Region One,NYS Department of
Environmental Conservation, SUNY at Stony Brook, 50 Circle Road, Stony Brook,New
York 11790-3409; and
II. REM4VA1. 1 RESTGRATIQN REQUIREMENTS:
No removal or restoration is required pursuant to this Order.
For that portion of the stairway in which handrails have yet to be installed, Respondents
are authorized to install handrails in conformance with the .Department-approved plan
prepared by Sea Level Mapping, last revised September 27, 2002, and made part of the
Pen-nit. The aforenicntioned plan identifies"4" x 4" cedar posts with V x 6" cedar cap as
handrails along the steepest sections." Alternatives to this handrail design requires prior
approval from the Department.
Page 10 of 10
CALIFOR-NIA. ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
lG
1
State of California
County of
On -before me, PT-MVR& Lw
!! j (Here insert name and ritle of the officer)
personally appeared
who proved to one on the basis of satisfactory evidence to be a person whose name( is�re bscribed to I
the within instnunent and acknowledged to me that shelt ey execut�the sa a in slherl eir authorized
capacity(ieA and that by h�Ae�thelr signatureKon the instrument the perso s), or the entity upon behalf of s
which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
OFFICIAL SEAL-
R-C- KOTHARi
;• im NOTARY PUBLIC-CALIFORNIA�
WITNESS my hand and official seal. f COMM.NO.1711822 t
SAN DIEGO COUNTY jE
/) MY COMM.EXP.JAN.17,2011 {
( ( otary seal)
Signature of Notary Public
ADDITIONAL.OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETL Ci THIS FORM
Any acknowledgment completed hiCaiffbmia must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appearr above in the rotary secifon or a separare 46mawled8menr farm mrat ba
property completed and attached to that doevment ne only exception to if a
P o
r document is to be recorded owide of Cahfornfa.In such 1pstanees,otry aliernna've
(Title or drscnption of at document) ocknowledgraent verbiage as may be printed an such a docrrmcat as long ar the
verbiage doer?rot regrets the notary to da somsthing rhat is iffesal far a notary in
hVi
r U Caft(ornia Ox.evrrfyixg the rararhorlred capachY Qf the signer). Phuue chock rhr
dacument carefullyfarproper?rararial warding and atfach thu form 3(r d egufre
(I[itie or desc iptiaa of attached docuatcat eoalinued)
Pages ` Doctunent Dale i w1J • Stare uad Couwy iafoimation must be the State and CoWaty where the document
Number of Pa
g signer(s)petsoaally appeared before the notary public for acknowledglimcat.
• Date of notarization must be the dace that the sigaer(s)personally appoutd wbich
must also be the same date the acknowledgment is completed
(Additional iaformatioa) • 7bc notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Fdat the nasoe(s)of document signcr(s)who pusnaally appear at the time of
notarization.
CAP}A�CITY CL 4I�'yl[ED BY THE SIGNER • Wicatc the correct singular or plural forays by crossing off iacotrcct farms Q e.
bt
i f Individual ssbd'4ht ' is f°re)or citeling the.correct forms.Failure to correctly ihdicaw this
� ) information may lead to rejection of document rccordiag.
❑ Corporate Officer a The notary.aeal-impression roust be clear and pbotographically reptod=bIr.
Impression must not rover text or liees.If seal impression smudges,re-seal if a
(Title) sufficlw arcs permits,otherwise complete it diffestmt aclmowledgrncat form.
ElPartner(s) a Signature of the notary public roust match the signature on file with the office of
the county Clint.
❑ Attomey-in-Fact rr Additional information is not required but Could help to ensure this
❑ Trustee(s) acknowledgment is not misused at attached to a differcat documcat_
❑ Other v fadicatc litic or type of suached d r=-4 nt;ZL: t`,.er cf pages and date-
v ladicato the capacity claimed by tho signer.If tbo claimed capacity is a
corporate o£ftces,indicate the title(i.e.C120,CM.secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.LLNotaryC]asses.com
ICAAL. K. McLean Associates, P.C
431 South Country Road * Brookhaven * New York e 11719 CONSULTING ENG[NEERS
(631)286-8668 ® FAX(631)286-6314
AssW21U
EUGENE F,DALY.P.E.,P,T.O.E."', PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
:VICE PRESIDENT ROBERT A.STEELE,P.E.
RAYM()ND,G.DiSLASE,RE..P.T.O,S,TA.EXECUTIVE JAMES L,DeKONiNG,P.E.
ROY R.FULKERSON,P.L,S.,VICE PRESIDENT STEVEN Yet.EISENBERG,P.E.
ANDREW S.SPEISER
Town of Southold January 12, 2012
PO Box 1179
Southold, New York 11971
Re-, Martino Residence
3785 Hallock Lane Ext.
Mattituck, New York
Inspection of Gazebo.
LKIVIA Job # 11100.00
Gentleman:
As requested, LKMA has revisited the property on the morning of Wednesday, November 23,
2011 to inspect the gazebo structure, beach stairway and surrounding areas at:the above
referenced property. LKNIA initially visited the residence on June 9, 2011 and performed a
thorough inspection of the gazebo, beach stairway and the surrounding awns where they are
currently situated. Incorporated with each inspection LKMA photo documented existing field
conditions of the gazebo,its contents and surrounding areas.
The -azebo is an elevated eight (8) sided structure that is accessible from the rear yard by a stone
path leading to stone stairs.The exterior of the structure is Belgium Block veneer that
complements the main house. The segmented pitched roof is wood framed with typical asphalt
fiberglass shingles. There is a @ eighteen (18) inch wide soffit that extends onto each side of the
structure. The structure provides an open floor plan currently providing space for tables and
chairs for gathering. On the North elevation the structure provides-, minimal deck areas that are
used for lounge Chairs. Each side of the structure provides either a trimmed opening to enter
exit or an unglazed opening providing an approximate 360 degree vista of the main houso, rear
yard and the Long Island Sound, The intefior of the structure is finished with painted stucco on
the walls, and ceiling. The finished flooring is dimensional stone tile. The window openings are
also stucco with stone sills.
• Foiinded in 1950 •
LK&A L. K. McLean Associates, P.C.
The beach stairway beahts at the rear of the yard and extends down towards the beach. The
design of the stairway is not a straight run but semi-angular conforming to the natural
topography of the slope. The stairway is constructed of monolithically poured concrete footings,
closed risers and treads.The walls on each side of the.stairway, approximately forty (40) inches
in height, are constructed of Belgium Block that complements both the main house and the
gazebo. The concrete treads are covered with cut stone.The concrete and stone constructed
stairway extends downward towards the beach approximately three-quarters of the way meeting
a wood frame stairway. The wood stairway continues downward to the beach level.
Between the five (5) months of time elapsing beginning From June 9, 2011 through November
23, 2011, the visual condition of the gazebo,beach stairway and paths remain consistent. There
are no visual signs of deteriation and/or stresses of neither the building materials nor the
surrounding areas of both structures. There is no visible sign of erosion in areas adjacent to the
structure, The surrounding areas are fully vegetated. To the extent any vegetation was impacted
incident to construction of the structures, it has re-grown. Within the Sallie time period,in
August, 2011 Long Island experienced the impacts of Hurricane Irene. It is our opinion that the
structure was not impacted or compromised at the time largely credited to tile"Open' design of
the gazebo, type of construction materials used, locations/settings within the property and high
quality of construction.
Based'upon the recent visual inspection and initial visual inspection referenced -above, it is our
opinion that the gazebo and beach stairway remain structurally sound. Our office is confident
that the Structures do not pose a threat of collapsing the existing bluff in which they are situated.
Should you have and questions or coinments, please do not hesitate in contacting me.
Very truly yours,
Joseph TM. Catropa,
Senior Architect
L.K.McLean Associates, P.C.
CC: LKMA
Mr. Eric J. Bressler,Esq,
Mr. & Mrs. Richard it
Structural Assessment Report
Gazebo
3875 Hallock Lane
Mattituck, New York
August 17, 2022
Prepared For:
Richard Martino
3875 Hallock Lane
Mattituck, NY 11952
AI-ALT Project No. 22106.00
OF NEtW
5 PL N fi
� 9
r d Z
l A 09
FESSlO��"� Prepared by:
Alvin Tabar Ai-Alt Structural Engineering PLLC
Professional Engineer d/b/a
New York State License No.092153 Ai-Alt
25 Melville Park Road Suite 229H
Melville, NY 11747
www.ai-alt.com
Structural Assessment Report-Gazebo P a g e I ii
AI-ALT File No. 22106.00 August 17,2022
Table of Contents
1. Executive Summary 1
2. Structural Background 2
3. Structural Conditions Assessment 3
4. Southold Town Code and 2020 Residential Code of New York State 7
S. Structural Requirements for the Legalization of the Existing Gazebo 8
6. Summary of Recommendations 9
Appendix A—Wind,Snow and Seismic Loads A-1
www.ai-alt.com
Structural Assessment Report-Gazebo P a 8 e 1
AI-ALT File No. 22106.00 August 17,2022
1. Executive Summary
The existing Gazebo structure is an installation associated with the one-family dwelling located at
3875 Hallock Lane, Mattituck, New York. It was constructed circa 2005 without obtaining a building
permit from the Town of Southold,the Authority Having Jurisdiction (AHJ).The Gazebo is a one-story
detached structure with a gross floor area of approximately 360 square feet, including the
approximately 135 square feet of uncovered balcony space with protective railing overlooking the
Long Island Sound.The existing Gazebo floor with stone finish is elevated from the natural grade and
is comprised of wood subflooring on wood joists and girders construction supported by 10"diameter
concrete piers founded around 5 feet below the existing grade.The Gazebo has octagonal shape walls
framed utilizing wood studs with plywood sheathing and clad with natural stone. It has large open
windows on six (6) sides with entry openings on the other two (2) opposing sides for entry from the
main pathway and for access to the balcony. Similarly, the structure has octagonal roof shape
comprised of wood framing and sheathing that slope downward and covered with fiberglass shingles.
The ceiling follows the profile of the roof and has stucco finish.
Our visual observations did not reveal any advance stage of deterioration or sign of excessive distress
to the structural members and the foundation of the existing Gazebo.The early sign of decay on the
main girder supporting the balcony can be remedied to further the end-of-life stage of the existing
Gazebo,if desired.
Section 144-8 paragraph"c"of the Southold Town Code requires that accessory structure such as the
Gazebo having gross floor area greater than 100 square feet shall require a building permit prior to
commencing with the installation work.We understand that the existing Gazebo structure with gross
floor area of approximately 360 square feet was constructed without the necessary permit. On this
regard, structural drawings to be prepared by a Professional Engineer registered in the State of New
York shall be submitted to the Town of Southold along with other plans and documents required to
bringthe Gazebo to compliance with the mandates of governing codes.
Mwww.ai-alt.com
Structural Assessment Report-Gazebo P a g e t
AI-ALT File No. 22106.00 August 17,2022
2. Structural Background
2.1.Description of the Structures
The existing Gazebo has octagonal shape walls framed utilizing wood studs with plywood sheathing
and clad with natural stone. It has large open windows on six (6) sides with entry openings on the
othertwo(2)opposing sides for entry from the main pathway and for access to the balcony.Similarly,
the structure has octagonal roof shape comprised of wood framing and sheathing that slope
downward and covered with fiberglass shingles, see Photos 1 & 2.The ceiling follows the profile of
the roof and has stucco finish,see Photos 3 &4.
"ry,y ,# ,."f 3 �'''S� .?ti:'^-+.pia+.•_'. ii.
Photo 1. Existing Gazebo Photo 2.Stone Cladding
A.;,-
Y
Photo 3. Interior Ceiling Photo 4.Stone Cladding
The existing Gazebo floor with stone finish is elevated from the natural grade and is comprised of
wood subflooring on 2x8 wood joists at 16"spacing and 4x6 plus 2x4 laminated girders,supported by
10"diameter concrete piers founded around 5 feet below the existing grade,see Photos 5 through 6.
Mwww.ai-alt.com
Structural Assessment Report-Gazebo P a g e 3
AI-ALT File No. 22106.00 August 17,2022
Photo 5.Wood Girders and Pier Foundation Photo 6. Balcony Pier Foundation
3. Structural Conditions Assessment
On the 11th of August 2022,Alvin Tabar, P.E., Principal of Ai-Alt visited the property to carry out non-
destructive visual structural observation of the Gazebo.The scope of the observation was limited to
the current structural conditions that were visible from accessible areas without performing any
destructive probes or tests.
3.1.Existin 7 Gazebo Structure
3.1.1.Main Frame
The main structural frame of the existing Gazebo appears to be in good condition with only
superficial cracks on the stucco finish observed at the entry from the main pathway,see Photo
7. No cracks in the stucco finish at the ceiling that can be observed by a naked eye during the
site visit,see Photos 8 through 10.
fV
ry
Photo 7.Cracks in Stucco Finish at Entry Photo 8. Stucco Finish at the Ceiling
www.ai•alt.com
Structural Assessment Report-Gazebo Pa g e 4
AI-ALT File No. 22106.00 August 17,2022
Photo 9.Stucco Finish at the Ceiling Photo 10.Stucco Finish at the Ceiling
The are no significant cracks on the interior stucco finish observed during the site visit.This is
indicative that no structural distress of the wood stud wall behind the the panel sheathing,see
Photos 11 and 12.
t �I
7
1
_ - 1
f
Photo 11. Interior Wall Stucco Finish Photo 12. Interior Wall Stucco Finish
Similarly,the exterior stone veneer seemed to be in good order as observed during the site visit.
The are no major cracks at the joints and appeared to be no repair work or rejointing performed
since it was built almost two(2) decades ago,see Photos 13 and 14.
www.ai-alt.com
Structural Assessment Report-Gazebo Pa g e s
AI-ALT File No. 22106.00 August 17,2022
•x
a �e
Photo 13. Exterior Stone Cladding Photo 14. Exterior Stone Cladding
The floor remains relatively flat, an indication that there are no excessive sagging of the
supporting joists and girders below, see Photos 15 and 16. There is no significant vibration
observed on the floor when "heel-drop tests" were performed. The heel-drop test was
conducted by having an individual stand in a strategic location on the floor, raise his heels
approximately two(2)inches and then drop them to generate an impact due to his own weight
on the floorto induce structural vibrations. The low vibration amplitudes observed are positive
indication of the relatively high stiffness of the existing floor construction.
Photo 15.Stone Floor Finish Photo 16.Stone Floor Finish
A degree of deterioration was observed at the edge girder that supports the balcony. This
appears to be an early stage of natural wood decay or rotting of wood due to exposure weather,
® www.ai-alt,com
Structural Assessment Report-Gazebo P a g e 6
AI-ALT File No. 22106.00 August 17,2022
see Photos 17&18. Replacing this part of the structure will further extend the-end-of-life point
of the existing Gazebo. Other wood members have no sign of deterioration as observed from
the underside of the floor,see Photos 19 and 20.
Photo 17. Main Girder Support at Balcony Photo 18. Main Girder Support at Balcony
k
a�
=.5
Photo 19.Joists and Girders Support Photo 20.Joists and Girders Support
3.1.2. Foundation
The foundation is comprised of fourteen (14) cast-in-place concrete piers poured using
Sonotube®, eight(8) of which are situated at corners of the above octagon walls.Whereas,
four(4)are located at each corners of the three-sided balcony while the remaining two (2)
piers are located at the center portion of the Gazebo supporting the main girder that
traverses from east to west corners of the above octagon walls. There is no excessive
differential settlement observed during the site visit,which suggests that there is no significant
settlement of the installed piers all through these years since the original construction of the
Gazebo. No major cracks or sign of failure are observed on the exposed portion of the piers,see
Photos 21 and 24.This is an evidence that there is hardly any lateral movement ofthe structure
due to past high wind and or seismic events.
® www.ai-alt.com
Structural Assessment Report-Gazebo Page 7
AI-ALT File No. 22106.00 August 17,2022
- r-
Photo 21. Exposed Portion of Existing Piers Photo 22. Exposed Portion of Existing Piers
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Photo 23. Exposed Portion of Existing Piers Photo 24. Exposed Portion of Existing Piers
4. Southold Town Code and 2020 Residential Code of New York State
The provisions of the 2020 Residential Code of New York State(2020 RCNYS)govern the construction
of accessory structure such as a gazebo in conjunction with the local Southold Town Code.
Section 144-8 paragraph"c"of the Southold Town Code requires that accessory structure having gross
floor area greater than 100 square feet shall require a building permit prior to commencing with the
installation work. We understand that the existing Gazebo structure with approximately 360 square
feet gross floor area was constructed without such permit. On this regard, to bring the Gazebo
structure into compliance with the governing codes and standards,structural drawings prepared by a
www.ai-alt.com
Structural Assessment Report-Gazebo P a g e 8
AI-ALT File No. 22106.00 August 17,2022
Professional Engineer registered in the State of New York shall be submitted to the Authorities Having
Jurisdiction (AHJ). The existing structural components shall be checked against the loadings in
accordance with the "Minimum Design Loads for Buildings and Other Structures" (ASCE 7-16) and
other effective standards per 2020 RCNYS to justify its structural adequacy.
S. Structural Requirements for the Legalization of the Existing Gazebo
Structural design calculations shall be prepared to substantiate the structural adequacy of the existing
Gazebo structure.Any members found to be structurally inadequate shall be remedied and enhanced
to ensure their sufficiency to withstand the code required loadings. The Gazebo shall be checked
against the following:
5.1.Basis of Design
5.1.1.Structural Design Criteria
Codes and Standards
a. "2020 Residential Code of New York State"
b. "2020 Building Code of New York State"
c. "Minimum Design Loads for Buildings and Other Structures"(ASCE 7-16)
d. "Building Code Requirements for Structural Concrete" (ACI 318-14)
e. "National Design Specifications(NDS)for Wood Construction" (NDS-2018)
Live Loads. 40 psf except 60 psf at balcony
Snow Loads
a. Ground snow load, Pg: 25 psf
b. Flat roof snow load, Pf: 20 psf
c. Importance factor, Is: 0.8
d. Snow exposure factor,Ce: 0•9
e. Thermal factor,Ct: 1.2
f. Exposure B, Partially Exposed, Risk Category I
Wind Loads
a. Ultimate Design Wind Speed (V„it): 118 mph
b. Nominal Design Wind Speed (V,,d): 92 mph
c. Structural Risk Category: I
d. Wind Importance Factor, Iw: 1.0
e. Wind Exposure: B
f. Internal pressure coefficient: +j-0.18
www.ai-alt.com
Structural Assessment Report-Gazebo Page 9
AI-ALT File No,22106.00 August 17,2022
Seismic Loads
a. Site Class: D (Default—Stiff Soil)
b. Risk Category: I
c. Seismic Design Category: B
d. Occupancy Importance Factor, IE: 1.0
e. Design Spectral Response
Acceleration at Short Periods,Sps 0.187g
Acceleration at 1-Second,Sm 0.079g
Note:Seismic Design Need not be considered per Section R301.2.2 of 2020 RCNYS.
6. Summary of Recommendations
To comply with the requirements of the Southold Town Code and the 2020 RCNYS for this project,
the following scope of work shall be carried out:
a. Perform structural analysis and design of the as-built Gazebo structure to demonstrate
structural adequacy of its structural components to withstand the code required loadings.
Prepare remediation details to enhance the capacities of insufficient members,if any.
b. Prepare final structural drawings representing the as-built condition of the Gazebo and the
enhancement work, if required,which are sufficiently complete and understandable to be
submitted for approval to the appropriate reviewing agencies.
® www.ai-alt.coni
Structural Assessment Report-Gazebo Appendix A-1
AI-ALT File No. 22106.00 August 17,2022
Appendix A—Wind,Snow and Seismic Loads
® www.ai-alt.com
A This is a beta release of the new ATC Hazards by Location website.Please L..gRWct us with feedback.
6 The ATC Hazards by Location website will not be updated to support ASCE 7-22.Find &%Mv y.
Ll I L Hazards by Location
Search Information New o New sand
u'
Address: 3875 Hallock Ln,Mattituck,NY 11952,USA 121 ft
Coordinates: 40.9955445,-72.5859632 Stamford J Moniauk
a
Elevation: 121 it R•verha
Timestamp: 2022-08-17T19:38:53.357Z �'.
Bing ieland
Hazard Type: Wind
Go,/die ! Map data 02022 Goagle
ASCE 7-16 ASCE 7-10 ASCE 7-05
MRI 10-Year 76 mph MRI 10-Year 79 mph ASCE 7-05 Wind Speed A 120 mph
You arc in a wind-borne debris region.
MRI25-Year 86 mph MR125-Year 89 mph
MRI50-Year 98 mph MRI50-Year 99 mph
MR1100-Year 105 mph MRI100-Year 109 mph
Risk Category 1 118 mph Risk Category 1 124 mph
Risk Category II 127 mph Risk Category II A 134 mph
You are in a wind-borne debrs region if you are
Risk Category III A 136 mph also within 1 mile of the coastal mean?sigh wetr..r
If the structure under consideration;is a healthcare line.
facility and you are also within 1 Mile of tho cn istal
mean high crater line,you are in a wind-borne debris Risk Category III-IV A 144 mph
region.If other occupancy,use the Risk Category 11 If the structure under consideration,is a
basic wind speed contours to determine if you are in healthcare facility and you are also within 1 mile
a wind-borne debris region- of the coastal mean high waterline,you are in a
wind-borne:debris region,If other occupancy,
Risk Category IV A 141 mph use the Risk Category Il basic wind speed
You are in a wind-borne debris region, rontours to determine if you are in a wind-borne
debris region.
The results indicated here DO NOT reflect any state or local amendments to the values or any delineation lines made during the building code adoption process.Users should
confirm any output obtained from this tool with the local Authority Having Jurisdiction before proceeding with design.
Please note that the ATC Hazards by Location website will not be updated to support ASCE 7-22.F_in.sf rtt-woy.
Disclaimer
Hazard loads are inierpolated from data provided In ASCE 7 and rounded up to the nearest whole Integer.Per ASCE 7,Islands and Coastal areas outside the last contour
should use the last wind speed contour of the coastal area—in some cases,this website will extrapolate past tha last wind speed contour and therefore,provide a wind speed
that Is slightly higher.MOTE:For queries near wind-borne debris region boundaries,the resulting determination Is sensitive to rounding which may affect whether or not it is
considered to be within a wind-borne debris region.
Mountainous terrain,gorges,ocean promontories,and special wind regions shall be examined for unusual wind conditions.
While the information presented on this website€s believed to be correct,ATC and its sponsors and contributors assume no responsibility or liability for Its accuracy.The
material presented in the report should not be used or relied upon for any specific appilcation without competent examination and verification of its accuracy,suitability and
applicability by angineers or other licensed professionals.ATC does not Intend that the use of this information replace the sound judgment of such competent professionals,
having experience and knowledge in the field of practice,no;,to 5ubstfhrte for the standard of care requited of such professionals In Interpreting and applying Iha results of the
report provided by this website-Users of the information from this website assume all liability arising from sueh use.Use of the output or this website does not Imply approval
by the governing building code bodies responsible for building code approval and interpretation for the building site descri bad by IatiludeAongitude location in the report.
A This is a beta release of the new ATC Hazards by Location website.Please contact its with feedback.
8 The ATC Hazards by Location website will not be updated to support ASCE 7-22.j ind Qg!i�tsy,
L)TC Hazards by Location
Search Information ° New Haven
A hevr London
Address: 3875 Hallock Ln,Mattituck,NY 11952.USA Sr:dgrl: ri 121 ft "
Coordinates: 40,9955445,-72,5859632 St3nitard J
Elevation: 121 ft
Timestam p: 2022-08-17T19:53:14.781 Z
Hazard Type: Snow ;k lon9IHand
Gc� I E u ap data 02022 Googs
ASCE 7-16 ASCE 7-10 ASCE 7-05
Ground Snow Load 25 Ib/sgft Ground Snow Load 25 Ib/sqft Ground Snow Load 25 Ib/sgft
The results indicated here DO NUT reflect any state or focal amendments to the values or any delineation lines made during the building code adoption process,Users should
confirm any output obtained from this tool with the local Authority Having Jurisdiction before proceeding with design.
Please note that the ATC Hazards by Location website will not be updated to support ASCE 7-22.Eiruf why.._
Disclaimer
Hazard loads are interpolated from data provided in ASCE 7 and rounded up to the nearest whole integer.
White the information presented on this website is believed to be correct,ATC and its sponsors and contributors assume no responsibility or flabifity for its accuracy.The
material presented in the report should not he used or retled upon for any specific appticalion without competent sxerrMation and verification of its accuracy,suitability and
appticabiltty by engineers or other licensed professionals.ATC does not intend that the use of this information replace the sound judgment of such competent professianals,
having experience and knowledge in the field of practice,not to substitute for the standard of care required of such professionals in interpreting and applying the results of the
report provided by Ibis website.Users of the information from this website assume all liability arising from such use.Use of the oulpul of this website does not imply approval
by the governing building code bodies responsible for building code approval and interpretation for the building site described by iatitudeflongitude f=ation in the report.
A This is a beta release of the new ATC Ilazards by Location website.Please gontact us wilh feedback.
@ The ATC Hazards by Location website will not be updated to support ASCE 7-22,Find out,vyny,
OTCHazards by Location
Search Information New Havers
j New Lon qn
121 ft
Address: 3876 Hallock Ln,Mattituck,NY 11952,USA
44 {r,cE]rrr,ri
k
Coordinates: 40.99555,-72.5859632 ^'
7:;«,lord Moriteuk
Elevation: 121 ft y
Timestam p: 2022-06-17T19:53:41.574Z
Hazard Type: Seismic
Reference Document: ASCE7-16 Y.ap date=22 Google
Risk Category: I
Site Class: D
MCER Horizontal Response Spectrum Design Horizontal Response Spectrum
Sa(g) Sa(g)
0.25 0.15
0.20 !
0.15 0.10
OAO
0.05
0.05 --
0.00 y 0.00 l
0.0 ILO 2.0 3.0 4.0 5,0 6.0 7,0 Period(s) 0.0 1,0 2.0 3.0 4.0 5.0 6.0 7.0 Period(s)
Basic Parameters
Name Value Description
SS 0.175 MCER ground motion(pedod=0.2s)
SI 0.05 MCER ground motion(perlod=l.Os)
SMS 0.28 Site-modified spectral acceleration value
SM1 0.119 Site-modified spectral acceleration value
SDS 0.187 Numeric seismic design value at 0.2s SA
SDI 0,079 Numeric seismic design value at 1.0s SA
-Additional Information
Name Value Description
SDC B Seismic design category
Fa 1.6 Site amplification factor at 0.2s
FY 2,4 Site amplification factor at 1.0s
CRS 0.941 Coefficient of risk(0.2s)
CRI 0.925 Coefficient of risk(1.0s)
PGA 0.095 MCEG peak ground acceleration
FpGA 1.6 Site amplification factor at PGA
PGAM 0.152 Site modified peak ground acceleration
TL 6 Long-period transition period(s)
SsRT 0.175 Probabilistic risk-targeted ground motion(0.2s)
SsUH 0.186 Factored uniform-hazard spectral acceleration(2%probability of
exceedance in 50 years)
SsD 1.5 Factored deterministic acceleration value(0.2s)
S1 RT 0.05 Probabilistic risk-targeted ground motion(1.0s)
S1UH 0.054 Factored uniform-hazard spectral acceleration(2%probability of
exceedance in 50 years)
S1 D 0.6 Factored deterministic acceleration value(1.0s)
PGAd 0.5 Factored deterministic acceleration value(PGA)
The results indicated here DO NOT reflect any state orlocal amendments to the values orany delineation lines made during the building code adoption process,Users should
confrrm any output obtained from this tool with the local Authority Having Jurisdiction before proceeding with design.
Please note that the ATC Hazards by Location wobsila will not be updated to support ASCE 7-22.Find of why.
Disclaimer
Hazard loads are provided by the U.S.Geological Survey Seismic Des i r Web Servfoes,
While the information presented on this website is believed to be correct,ATC and its sponsors and contributors assume no responsibility or liability for its accuracy.The
material presented In the report should not be used or relied upon for any specific application without competent examination and verification of Its accuracy,suitability and
applicability by engineers or other licensed professionals.ATC does not intend that the Lisa of this information replace the sound Judgment of such competent Professionals,
having experience and knowledge In the field of practice,not to substitute for the standard of care required of such professionals in interpreting and applying the results of the
report provided by this website.Users of the information from this websits assume all liability arising from such use.Use of the output of this website does not Imply approve;
by the governing building code bodies responsible for bulIding code approval and interpretation for the building sile described by Iatitudellongilude location In the report.
Theresa Dilworth
3755 Hallock Lane
Mattituck, NY 11952
October 27, 2022
Zoning Board of Appeals
Leslie Kanes Weisman,Chairperson
Town of Southold
Town Annex
54375 Main Road
Southold, NY 11971
Re: Southold Town ZBA Meeting
3875 Hallock Lane, Mattituck
Dear Ms. Kanes:
My husband Mineo Shimura and I reside at 3755 Hallock Lane,to the immediate east of 3875 Hallock
Lane (which is a private road).We have owned the property for almost 30 years,since 1993.We
understand that in the matter of Richard Martino#7694 there is a request for Variances from certain
Articles of the Southold Town Code and from the Building Inspector's May 26, 2022 Notice of
Disapproval of an application to legalize a certain shed and gazebo:
1) shed located other than in the code permitted rear yard
2) gazebo located less than the code required 100 feet minimum from the top of the bluff
3) as built gazebo located less than the code required minimum side yard property line of 25
feet.
We are in agreement with the Building Inspector's Notice of Disapproval and do not see a reason for a
variance to be granted.The Town Codes and ordinances are enacted to further certain community goals
and objectives, and should govern all the inhabitants on an equal basis.
I believe my husband and I are the neighbors most impacted by the gazebo, since the gazebo is right
alongside the west side of our property.On a more personal note, the solid stone gazebo obstructs our
view of the sunsets over Long Island Sound, and placing it less than 25'from our shared boundary
arguably reduces the value of our own property.
In this instance I believe our neighbor should abide by the Town ordinances. However, we have another
neighbor who is arguably in violation of many Southold Town building and zoning codes,and so I am
disturbed by Southold Town's inconsistent enforcement of Town Codes and zoning ordinances. I find it
unfair that one neighbor(Martino) is held to the standards of the Southold Town building and zoning
codes,yet another neighbor(Harbes) is not. Also, in this instance (Martino), we were provided the
courtesy of a letter, a notice of a public hearing, an opportunity to attend a public hearing in person or
by Zoom, and/or to write a letter,whereas we did not have that opportunity in the Harbes matters.
At Harbes Barnyard Adventure, located further south on Hallock Lane, dozens of buildings and non-
building structures were built without any site plan approval at all. Or rather, a site plan was submitted
for the building of a greenhouse, moving a poultry pen, and building a 12'x16' shed and to our
knowledge, never approved. In reality, no greenhouse was built, a couple of dozen small buildings were
built, multiple animal pens were constructed, and numerous other large, non-building structures were
built, including two giant Jumping Pillows estimated at 70' by 30' and myriad other structures(signage
indicates 28 different amusement park-like attractions.) Some of these structures may also be over 18'
tall and prohibited under the zoning laws in an agricultural district. I have submitted complaints to
Southold Town Code Enforcement about this, but nothing has been done. I understand another
neighbor, at 2000 Hallock Lane, has also made complaints over many years,and even initiated legal
actions.
As another example, Harbes Farm Winery, a separate parcel on Hallock.Lane, in 2016 received site plan
approval for a 51 car parking lot with one entrance and one exit onto Hallock Lane,with fencing and
evergreen screening to block off the parking lot from Hallock Lane. In reality, the Harbes built six
entrances and exits for cars to pull onto and off the private Hallock Lane, and no fencing or evergreen
screen has been built. I have made complaints in the past about this, but the Town has done nothing.
In conclusion, while I do feel that the Martino gazebo and shed that are out of compliance with the
Town code and should not be granted a variance, I also feel that it is arbitrary and unjust that the
Martinos are being held to obey the Town codes while other neighbors are not held to the same
standards.
I am copying the Town Attorney to whom I have addressed my original complaints, and would
appreciate it if you could forward this letter to any other officials in Southold Town that might be
appropriate.Thank you.
Very Truly Yours,
r'
Theresa Dilworth
Cc: Rachael C. Davey, Esq.
Davey Law P.C.
320 Main Street
Center Moriches, NY 11934
Cc: John Burke
Southold Deputy Town Attorney
Town Hall Annex
54375 Route 25
Southold, NY 11971
Theresa Dilworth
3755 Hallock Lane
Mattituck, NY 11952
September 9, 2021
Bill Duffy, Esq.
Southold Town Attorney
54375 Main Road
P.O. Box 1179
Southold, NY 11971
Re: SCTM #1000-120-1-4 (7.53 acres) (Harbes Farmstand &Winery)
SCTM # 1000-112-1-7.6 (8.3 acres) (Harbes Farmstand & Winery)
SCTM #1000-120.-1-3, 13.57 acres (Harbes Barnyard Adventure)
Dear Mr. Duffy:
I have lived on Hallock Lane in Mattituck for over 26 years, having purchased land there in 1993
and having built a house in 1995. Hallock Lane is a private road with only a few residents. I have
been a neighbor of the Harbes family during these years, and I have known Ed Harbes Sr.for
almost all of the time that I have been in Mattituck.
When I first moved here, the Harbes Farmstand was a charming white wooden farmstand, that
I felt added to the ambience of the neighborhood. It has evolved and expanded over the years
and decades. Most recently, the parking and traffic situation has become untenable.
Frankly, over the years, I thought there was nothing I could do about it, and so I did nothing.
A couple of weeks ago, I spoke to one of my neighbors, Karen Wallace, who lives at 2000
Hallock Lane, the closest to the Harbes Farmstand. She told me that she had made several
complaints over the years to Southold Town about the parking situation and possible Town
Code and Site Plan violations, which had gone unanswered.
I therefore decided to make my own complaint. I am enclosing two written complaints, one for
Harbes Farmstand &Winery, and another for Harbes Barnyard Adventure, along with
photographs.
I am joined in this complaint by my husband Mineo Shimura and father David Dilworth, of 3755
Hallock Lane; and by Nancy Nicholas, of 3400 Hallock Lane. I am in the process of contacting
some of the other neighbors as well.
will also register a complaint via the Southold Town online complaint form.
I do hope that the Town takes this matter seriously.
Thank you for your consideration.
Very truly yours,
Theresa Dilworth
SCTM #1000-120. -1-3
"H a rbes Barnyard Adventure"
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2013 site plan for Harbes Barnyard Adventure, requesting approval for a greenhouse, farm shed and
relocated poultry pen
2, Proposed:
a 96'x 30'(2,880s.f.)greenhouse
1. Drelnege
1. Backfilled sand drain:96'long x 24'wide x 3W deep
b. 16'x 12'(1920.)farm shed
c. 16'x 10'(160s.t)refocatod pouRry pen
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Infringing upon residents of Hallock -
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Hallock Lane is a private road for residents. There are
ck Lane
residents located at #715, 4055, 4155, 4255, 44451
'
4545, 3400, 3755 and 3875 Hallock Lane. Harbes _
Farmstand and Winery is using Hallock Lane for its HO . .'
business in a manner that is in violation of the site plan
approved by Southold Town. 42554.155
r`, Y
Theresa Dilworth
3755 Hallock Lane, Mattituck NY 11952
October 10, 2021
Photo taken from my car as I
was driving home on Oct.3,
2021,going north up Hallock
Lane.
Multiple people walking in the
left lane.
The Harbes parking lot has six
entrances/exits, each of which -
exits onto Hallock Lane.The -
six exits are visible on the '
white signposts with black font
and arrows, each of which
says "Exit Here."
The approved site plan states
that there is to be one parking
lot, and one entrance/exit to
such parking lot exiting out
onto Hallock Lane.
12
Harbes sign in theright lane of Hallock
...
Lane
driving north.
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SCTM #1000-120.-1-3
"H a rbes Barnyard Adventure"
Non-building structures potentially exceeding
18' height in A-C Zoning District, in violation of
Southold Town Code §280-15
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private road
Windmill
Located on adjacent
property :•tip__ r'r,. _ -fig+ -,.`^
Adventurewithin the Barnyard
fee-
payingenclosure.
is not on
approved site plan
120.1-4
•and Winery) or on
8=
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the
plan • y _ `` ti•s,�