HomeMy WebLinkAbout#7694 Martino application survey plans FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: May 6, 2022
TO: Richard Martino
24 Inlet Road East RECEIVED
Southampton,NY 11968
JUN 2 4 2022
Please take notice that your application dated March 24, 2022:
Zonin 13 and f Appeals
For permit to: legalize an as-built accesso gazebo with attached deck/patio a d an as-�ui t she
at:
Location of property: 3875 Hal Ioclt Lane. Mattituck.NY
County Tax Map No. 1000—Section 112 Block 1 Lot 8_4
Is returned herewith and disapproved on the following grounds:
The as-built accessoag�xzebo with attached declJpatio. on this conforming 143.854.19 sq. ftm
arcel in the ACi R-80 districts, is not permitted pursuant to Article XXIII Section 280-124.
which states accessoEy buildings and structures located on lots measuring 80.000 square feet it)
size are required to be located at a minimum of 25 feet from the side yard lot line. The survey_
shows a side yard setback of 1.8 feet.
In addition.the as-built gazebo is not permitted pursuant to Article XXII Section 280-i_16A{]
which states;'`All buildings or structures located on lots upon which there exists a bluff landward
of the shore or beach shall be set back not fewer than 10O feet from the top of such bluff." The
survey shows the structure located 1.4 feet from top of bluff.
Lastly,the as-built accesM shed is not permitted pursuant to Article III. Section 280-15. which
states accessary buildings and structures shall be located in the required rear ward.The shed is
partially located in the side yard.
Atst sze nature
Note to Applicant: Any change or deviation to the above referenced application may require further
review by the Southold Town Building Department.
CC: file,Z.S.A.
Assignment Neu.
APPIACA LD TOWN B0A1ZQ OF AEPFALS
AREA VARIANCE RECEIVED
House No. 3875 Street Hallock Lane Ilainlet Mattituck 4 2022
SCTM 1000 Section 112.00 Block 01.00 Lot(s) 008.004 Lot Sire 3.30 AC Zone 30
Zoning Board of Appeals
I(WE)APPEAL TH1:WRITTEN DETERMINATION OF THE BUILDING l
DATED May 6,2022 BASED ON SURVEY/SITE PLAN DATED May 3,2022
Owner(s): Elise Martino
Mailing Address' PO Box 549,Mattituck, NY 11952
Telephone: 516-621-7124 I;ax; 631-851-7950 :mail: EMart17@aol.com
.. -
NOTE:In adtlitinn to the above please complete below if application is signed by applicant's attorney,agent,architect,
builder,contract vendee,etc.and name of person who agent represents:
Name of Representative: Richard Martino for(x)Owner( )Other:
Address: 24 Inlet Road East,Southampton, NY 11968
'relephonc:_516-658-9276 Fax: 631-851-7950 Email:_ RichWartino@gmail.com
Please check to.necify who you wish correspondence to he mailed to,from the above,names:
( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address helow:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATEI)_ MayA 2022 _and DENIED AN A I'll L1CA11ON nATEn March 24 2022 hoR:
{ ) litril(ling Permit
( )Certificate of Occupancy O Pre-Certificate of Occupancy
( )Change of Use
(x) Permit for As-Built Construction
( )Other: --. —
Provision of the Zoning Ordinance Appealed. (indicate Article,section,Subsection of Zoning Ordinance by
numbers.Do not quote the code.)
Article: III 7(xlll Scctiott: 280 12k &284-it5A&280-15 Sit ltsert ill u: 1
Type of Appeal. An Appeal is made for:
(x)A Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York'l'own Lair-Section 280-A.
( ) Interpretation of the Town Code,Article Section---
) Reversal or Other
A prior appeal( ) has, (x) has not been made at any time with respect to this ro�crl •, UNDER
Appeal No(s). Year(s). .(Please he sure to rescarch ht'irre
coarpleting this yuestiurr or call our ollive.fin•a.r.rislonce)
7.[3A Nile!;
Name of Owner:
REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's
signature notarized): 4
1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to
6
properties if granted,because: RCE�UI=G
The gazebo and the shed are in the backyard of the prop rty and neither will not a ect
the character of the neighborhood or be a detriment to an one n��rPi 4 2022
2.The benefit sought by the applicant CANNOT be achieved by some melho f�Q�llflelgpfffAkv ili�.pa 011 pl 'sue,
other than an area variance,because:
�I � t- -i S CO D WMA WL�'c�
� t C . .�L vf - YS1 digt,L n
m1X'11 �IW)NC�If111 WIII� x CX`�[�E'Y '-�� C ] �Mvli 11L`e `4"tl�ti[t 'l4��t '
3.The amount of relief requested is not substantial because:
Do's i'k is n& -So MK` ma
S ( cc)VA 0 f 1-M' L 1rISl,i. Yti tr t Y"L t +
"V- ' .
4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
No, it will not have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because it is merely two existing small structure built on the lot and
does not negatively impact anything involving environmental conditions.
S.Has the alleged difficulty been self-created? Yes,or i }No why:
ft ott ` -
(��z 1 tCj \''�
CI SSb�cCI LV� i" t ]VL`l �rj IlA3t �! 'I cti (t. Ski C ��f�a�ti7ts bt�l
h 1;yiv tc�, ,YiAre there any Covenants or Restrictions concerning this land? �{}No { } Yes(please fur"iWV c ►1'�Ali
il('C ,ltlY1
This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the charact! er o the
neighborhood and the health,safety and welfare of the community.
Signature of Applica or Authorized Agent
(Agent must submit written Authorization from Owner)
Swar to before me tIiis day
chi
Notary P 01
RGHAEL C DAVEY
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.42QA6272322
Qualified in Suffolk County
C mmission Ex IreS December 3,20,24
APPLICANT'S PROJECT DESCRIPTION
Richard Martino • May 17,2022�
APPLICANT: DATE PREPARED. Y
1.For Demolition of Existing Building Areas RECEIVED
Please describe areas being removed: WA
i
E�iEIJH
II.New Construction Areas(New Dwelling or New Additions/Extensions
Dimensions of first floor extension: 0
Dimensions of new second floor: V
Dimensions of floor above second level:
Height(from finished ground to top of ridge):
Is basement or lowest floor area being constructed?If yes,p ease provide height(above ground)
measured from natural existing grade to first floor:
III.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary).Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations: I IN
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
CR '
V.Purpose of New Construction: As Built
VI.Please describe the land contours (flat,slope%,heavily wooded, marsh area,etc.)on your land
and how it relates to the difficulty in meeting the code requirement(s):
&Et ''
kU
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners
for new construction,and photos of building area to be altered with yard view.
4/2012
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premises listed on the real estate market for sale? RECEIVED
x Yes No
JUN 2 4 2022
B. Are there any proposals to change or alter land contours?
x No Yes please explain on attached sheet. and of Ap
peals
C. 1. Are there areas that contain sand or wetland grasses? Yes �
2.)Are those areas shown on the survey submitted with this application? Yes
3.)Is the property bulk headed between the wetlands area and the upland building
area? No
4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town
trustees for its determination of jurisdiction?_ Please confirm status of your inquiry or
application with the Trustees: and if issued, please attach
copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? No
E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown
on the survey that you are submitting? No Please show area of the structures on a diagram
if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your
premises? No If yes,please submit a copy of your building permit and survey as approved
by the Building Department and please
describe:
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking,please apply to the Building Department to either obtain
them or to obtain an Amended Notice of Disapproval.
H. Do you or any co-owner also own other land adjoining or close to this parcel? No If
yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel Existing Single Family
and the proposed use Same with Gazebo and Shed
(ex: existing single family,proposed: same
with garage, pool or other)
i
Authorized signature and Date
e�-�C )
MARTIN A NE SCOTT A. RUSSELL
TOWN ATTORNEY
Z� so Supervisor
martin.Finnegan@town.southold.ny.us Jo��-�z
JENNIFER ANDALORO d Town Hall Annex, 54375 Route 25
ASSISTANT TOWN ATTORNEY Ali iN P.O. Box 1179
jennifer.andaloro@town.southold.ny.us G ew ark 11 71-0959
. � you;:' RECEIVE"
LORI M. HULSE 0� Telephone (631) 765'1939
ASSISTANT TOWN ATTORNEY CO(f �� si�j e�� �) 7651639
lori.hulse(a,town.southold.ny.us
OFFICE OF THE TOWN ATTORN
oning Board of Appeals l
TOWN OF SOUTHOLD
Eric J. Bressler November 10, 2010
Wickham, Bressler, Gordon& Geasa, P.C.
13015 Main Road
P.O. Box 1424
Mattituck, NY 11952
RE: People v. Richard Martino
Docket No. 06-120016
Dear Eric,
I did circulate the curriculum vitae of Mr. Stanley White to the Board of Trustees in
September upon receiving it from your office regarding the subject of the Martino
violations. As I did not receive any indication that the Board opposes Mr. Martin's use
of this particular consultant's services, please forward a copy of his findings upon its
completion.
Don't hesitate to contact my office if you have any questions.
EM.
s,
Hulse
Cc: Board of Trustees
02/19/2008 09:26 63144402- PAGE 01
Now York State Department of Environmental Conservation
Office of Natural Resources, Region One
Charles T. Hamilton - Regional Supervisor of Natural Resources
Regional Emergency Management Coordinator
50 Clrole Road, Stony Brook, New York 11790-3409
Phone (631)444-0270• Fax#(631)444-0272
Webske:www.dec.state.ny.us Alexander B.Grannls
c7 dl��
RECEIV :`
FAX TRANSNIISSION COVER S EfN. 2 4 2022
Zoning Board of ;appeals
TO: Yn t f NO. OF PAGES+COVER:
FAX# 66W
FROM., C k v CcC DATE:
MESSAGE: /� I ` ' / I
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02/19/2008 09:26 63144407 PAGE 02
New York State Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources, Region One Am
Marfiv NaWtat PrwectWn
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409
Phone; (631) 444-0295 FAX: (631) 444-0297
Denise 5hoetm
Notice of Violation
11/21/2006 RECEI\/ED
Richard Martino J U N 2 4 2022
Po Box 549
Mattituck, NY 11952 Zoning Board of Appeals l
Date of Violation: On or before 11/18/2006
Location of Violation: 3875 Hallock Lane M, Mattituck
Tax Map ID # - - --
Permit# (if applicable): 1-4738-03014/00001
Dear Sir/Madam:
Records of this Department indicate Chat you are in violation of the'Environmental
Conservation Law (ECL):
❑ Article 15, Protection of Navigable Waters
Section 15-0505.1 6NYCRR Part W8
Article 15, Wild, Scenic and Recreational Rivers Act
Section 15-2709.2 6NYCRR Part 666
Article 13, Protection of Marine Waters
Section 13-0345.2
LArticle 17, Prohibition Against Pollution of Marine Waters
Section 17-05032
❑ Article 24, Freshwater Wetlands Act
Section 24-0701.1 6NYCRR Part 662
Article 25, Tidal Wetlands Act
Section 25-0401.1 6NYCRR Part 661
In that Du caused, or pennitted.to be caused: Non-Compliance with terms and conditions of
Page 1.
02/19/2008 09:26 63144402-- PAGE 03
NYSD',PC permit# 1-4738-0301.4/00001 and approved plans; in that,
Additional General Condition#9- Failure to submit notice of commencement.
Additionall General Condition#10- Failure to stay in strict conformance with NY DEC awr"WFn
permit and plans.( Masonry construction, not wood as approved)
Special Condition#1-Any Debris or excessive material from project must be co letey r+� v 2022
form adjacent area and brought to are approved upland area for disposal.( Construc 'on debris stored in
adjacent area). Zoning Board of Appeals
Special Condition#2- Alteration to existing grade of the bluff. `III
Special condition#3- Storage of construction equiptment and materials must be landward of the crest
of the bluff.
Special Condition#4- Gutting of vegetation within 300' of tidal wetland boundary.
Special Condition#5- Disturbance to the existing vegetation shall be limited to an area 6' in width..
Contravention of this/these Article(s) of the ECL is a violation and/or a misdemeatror
purusbable by a fine of no rnore than $10,000 per violation. Penalties may be assessed for earn day
that the violation continues.
Please be further advised that violations of.tbe ECL which are not resolved may be the subject
of an administrative hearing pursuant to Title 6 of the Official Compilation of Codes, Rules &
Regulations of the State of New York (6NYCRR, Part 622).
You are hereby advised to cease your operation at the referenced location irautediatel .
sPlease contact the following office within thirty (30) days of receipt of this letter, so that we
may attempt to resolve this matter. Failure to contact this office within this time period will result in
this matter being referred to the Department's Regional Attorney for further enforcement action.
To schedule an appointment for a compliance conference in this matter, please contact
The Compliance Unit at(631) 444-0295. Compliance conferences will be held with the Regional
Manager of Marine Habitat Protection.
Very truly yours,
T,- 4- 4"�
Karen Graulich
Regional Manager of
Marine Habitat Protection
Region 1
NOV# 06JG/GF339
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Soul JUNE 18,19g0
IS�AN0 AS PER SU901WSION MAP r
LONG M.w.�. 1HS DATE
7 150.32 cn
�7 SURVEY of
H vl L (ApPROX.) —: LOT 1
RECEIVED IN
MAP F MINOR SUBDI V/S/ON
o F P OPERTY SURVEYED FOR
JUN 2 4 202F ChARLES P. SIMMONS
U 2-�� - Zoning Board of App ! s►ruArE
2G l TUCK, TOWN OF SOU THOLD
FOLK COUNTY, N. Y.
32
36 � SURVEYED FOR RICHARD MARTINO
464A 46 y1v ELISE MARTINO
,,LA� 77"? ZONING : R30
1 Il if 1 TAX MAP NO.
/ '►8� 1 1000-112-01-08.4
6 70�J LOT 2 SURrYW FEBRUARY 16, 1999
f_O I SCALE fWo'
7�7 _ AREA -142,J10.95 SF
�� J.267 ACRES
FM# 9705
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00 FILED: MAY 23, 7997
9 s 1 2
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BENCH MATT WEST, 1996/NEERS
$MISE 1929 NGVD
cm $RfCA'PATfR
1 IY�Fl7G7J(.
`a J114
NIF HOL TZ GUARANTEED TO
FENLIE RICHARD MARTINO
2' ELISE MART7NO
TOWN OF SOUTHOLD
N
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CUARAH7E£S R7prCA=fIER6.Oy SHALL RVN &ZTk AATIr7 10, a'
ONLY 7O 7K PER50_Y Fm IlHav rw SURVcY
IS PREPARro. ANp ay HIS BEHALF TO 77rE `7
777ZC COePANY, GL7VERNArFfrA1 rSGENCY, j Y
L'_DD?No UYsnrr)nau Ir USTW 1rF,vEOrL rr.77 / SURVEYED BY
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Aapl7rcNAL rxsn7lmcxs vR sue quENr OsneRs O RES10�-' d 4' P.0. BOX 294
Y' N 5SUFFOLK, NY, 119
LWAUarraWREa AcrE"nCN Ora AQUIlm rO JKS ° ;C% 'S•P 516 3 '
SIAW 15 A IIOLA77W Cr SEcylav 7209,OF � a
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COPES OF Nns SURWY MAP Nvr BEARING <D / N YS C. NO. �Fg��j
THE LAHO S7lRi+ M7S EA(BOSPW SEAL Sy,4,U fP
NOT RE GOWSrpf7EO rO w rl VALR7 7Hx
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LI ■ ■ 26/2008 TIfU 14: 49 FAX 6314440348 NYSDEC Legal Affairs: U 001
RECEIVED
FAXJUN 2 4 2022
Zoning Board of Appeals
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF LEGAL AFFAIRS
REGION ONE
(Phone) 631-444-0260
(Fax) 631-444-0348
TO: (7) Sb�Ti}ho L(�
FAX# •
FROM: A7 L_
DATE: Z(o !,-)&3
Total no. of pages including cover sheet L
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HAVE ANY PROBLEMS RE ET_VING
IF YOU THIS�I+`AIC PLC
DIVISION OF LEGAL A ' �'CALL L
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06/26/2008 THU 14:50 FAX 6314440348 NYSDEC Legal Affairs--. [a002
New York State Department of Environmental Conservatio
Division of Environmental Permits EZoning
CEIVED
Building 40 - SUNY, Stony Brook, NY 11790-2356
Aft
Telephone (631) 444-0365
Facsimile (631) 444-0360 44 202 if rpr
ard of Appeals
Erin , rotty
Commissioner
December 9, 2002
Mr. Richard Martino
Stone Gate Lane
Old Brookville, NY 11545
RE: 1-473 8-03 014/00001
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are
enclosing your permit. Please read all conditions carefully. If you are unable to
comply with any conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the proj ect
site and protected fiom the weather.
Sincerely,
i` Sherri L. A.icher
Environmental Analyst
SLA/ls
Enclosure
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC PERMIT NUMBER ,� ECT{VE)DATE
1-4738-03014/00001 FZoning
EI tDcemher 2002
FACILITY/PROGRAM NUMBER(S) OPERMIT2 F�$fflo�1 DATE(S)
Under the EnvironmenLDeCcember I, 2012
�. Conservatlon LawrdTYPE OF PERMIT■ New ❑Renewal ❑Modification ❑Permit to Con
❑ Article 15, Title 5: Protection of Waters ❑ Article 17, Titles 7, 8: SPDES ❑ Article 27,Title 9; 6NYCRR 373
❑ Article 15, Title 15:Water Supply ❑ Article 19:Air Pollution Control Hazardous Waste Management
❑ Article 34: Coastal Erosion
❑ Article 15,Title 15: Water Transport ❑ Article 23,Title 27: Mined Land Management
Reclamation
❑ Article 15,Title 15: Long Island Wells ❑ Article 36: Floodplain Management
❑ Article 24: Freshwater Wetlands
❑ Article 15,Title 27: Wild, Scenic and ❑ Articles 1, 3, 17, 19, 27, 37: 6NYCRR
Recreational Rivers 0 Article 25:Tidal Wetlands 380: Radiation Control
❑ 6NYCRR 608:Water Quality Certification ❑ Article 27,Title 7; 6NYCRR 360:
Solid Waste Management
PERMIT ISSUED TO TELEPHONE NUMBER
Richard Martino (516) 621-7124
ADDRESS OF PERMITTEE
Stone Gate Lane. Old Brookville, NY 11545
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
Catherine Mesiano. 12 Mill Pond Lane, East Moriches, NY 11940 (631) 878-8951
NAME AND ADDRESS OF PROJECT/FACILITY
Martino property, 3875 Hallock Lane Ext., Mattituck, NY 11952
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Long Island Sound
DESCRIPTION OF AUTHORIZED ACTIVITY:
Replace railroad tie steps to beach. Clear vegetation in area of pathway. Install handrails. All work must
be done in accordance with the attached plans prepared by Sea Level Mapping last revised September 27,
2002 and stamped approved by NYSDEC on December 3, 2002.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified (see page 2 &3) and any Special
Conditions included as part of this permit.
PERMIT ADMINISTRATOR: ADDRESS
George W. Hammarth (SLA) Region 1 Headquarters, Bldg. #40, SUNY, Stony Brook, NY 11790-2356
AUTHORIZED SIGNATURE DATE
/1r Z6E o--- 1 --F n
-- -- 4hPrri I_..A3 -1LP_'--
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSE TION RECEIVErl
DEC PERMIT NUMBER EFFECTIVE DATE
1-473M3014/00001 ® e 02
FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE()
Under the Environmental Zonin �irb2i alms
Conservation Law
TYPE OF PERMIT■ New ❑Renewal ❑Modification❑ Permit to Construct ❑Permit to Operate
❑ Article 15, Title 5: Protection of Waters ❑ Article 17,Titles 7,8:SPDES ❑ Article 27,Title 9; 6NYCRR 373:
❑ Article 15,Title 15: Water Supply ❑ Article 19:Air Pollution Control Hazardous Waste Management
❑ Article 34: Coastal Erosion
❑ Article 15, Title 15:Water Transport ❑ Article 23,Title 27: Mined Land Management
Reclamation
❑ Article 15, Title 15: Long Island Wells ❑ Article 36: Floodplain Management
❑ Article 24: Freshwater Wetlands
❑ Article 15, Title 27: Wild, Scenic and ❑ Articles 1, 3, 17, 19, 27, 37; 6NYCRR
Recreational Rivers 0 Article 25:Tidal Wetlands 380: Radiation Control
❑ 6NYCRR 608: Water Quality Certification ❑ Article 27,Title 7; 6NYCRR 360:
Solid Waste Mana ernent
PERMIT ISSUED TO TELEPHONE NUMBER
Richard Martino 516) 621-7124
ADDRESS OF PERMITTEE
Stone Gate Lane, Old Brookville, NY 11545
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
Catherine Mesiano, 12 Mill Pond Lane. East Moriches, NY 11940 (631) 878-8951
NAME AND ADDRESS OF PROJECT/FACILITY
Martino property, 3875 Hallock Larne Ext., Mattituck, NY 11952
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Lorg Island Sound
DESCRIPTION OF AUTHORIZED ACTIVITY:
Replace railroad tie steps to beach. Clear vegetation in area of pathway. Install handrails. All work must
be done in accordance with the attached plans prepared by Sea Level Mapping last revised September 27,
2002 and stamped approved by NYSDEC on December 3, 2002.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special
Conditions included as part of this permit.
PERMIT ADMINISTRATOR: ADDRESS
f4
!AND «t A
FV
p rP
VWq
1. REVISED TO SHOW NEW WELL AND SANITARY LOCATION 5 APRIL 7999 25 R p M W
/F NICNDLAS
2. 13 APRIL, 2000 LOCATED POURED CONC. FOUNDATION L�VACANT
3. IJ MARCH, 2002 FINAL SURVEY Fo 4_ 02 APRIL, 2002 SHOW BRICIC PA no, PROPOSED TRAIL TO BEACH. w A-� L LAND
5. 29 APRIL, 2002 ADD CONTOURS& TRAIL DOWN BLUFF ►�
o RECEIVED
_� - SQ�I ❑ A i�ENLI
Zoning Board of Appeals
New York State Department of Environmental Conservation
Division of Environmental Permits
Building 40 - SUNY, Stony Brook, NY 11790-2356
Telephone (631) 444-0365 Alm
Facsimile (631) 444-0360
Erin M. Crotty
Commissioner
December 9, 2002
Mr. Richard Martino
Stone Gate Lane
Old Brookville, NY 11545
RE: 1-473 8-03 014/00001
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are
enclosing your permit. Please read all conditions carefully. If you are unable to
comply with any conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project
site and protected from the weather.
Sincerely,
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RECEI�IED
JUN 2 4 2022
Zoning Board of Appeals r
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PERMIT ADMINISTRATOR. ',ADDRESS
4
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSIjRVATION
NOTIFICATION OF OTHER PERMITTEE OBLIGATIO S RECEIVED
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemni€icatio
The permittee expressly agrees to indemnify and hold harmless the Department of E vironmJUNl Vion o the
State of New York, its representatives, employees, and agents("DEC")for all claims, s its,actions,and damages,tea the
extent attributable to the permittee's acts or omissions in connection with the permi ee's undertaking of activities In
connection with, or operation and maintenance of, the facility or facilities authorized by hLZP@MtW*thk?f A iplts,
ce
Or not in compliance with the terms and conditions of the permit, This indemnifcati❑
suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any
claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or
any citizen suit or civil rights provision under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their
responsibility to comply with this permit,including all special conditions while acting as the permittee's agent with respect
to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental
Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may
be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights
of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real
or personal property held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by
1 Agency
v 7ecinctNew York State 3 ORI 4.Q prig 5 Case No 6 Incident No
NCIDENT REPORT NY Supp
7 Report Day 8 Date 9 Reort Tim 10.Day I1 Date 12 Time Occurred 13 Day 14 Date15.Time
To:
r.., 16.Incident Type 17 Business Name 18 Weapon(s)
Z A
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Z B
22.OFF.NO. LAW SECTION SUB CL CAT DEG ATT NAME OF OFFENSE CTS 1 23 No.of Victims
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56,Scars/Marks 7Ta[toos(Describe) 57.Mac
58.Victim or Property Property1
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Value 2
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to 59.Vehicle 60.License Plate No Full 62 Exp Yr 63 Plate Type 64 Value CL Status
O Parhal
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V 65.Veh.Yr. 66.Make EE
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70 Color(s) 71. Towed By _ 72 vehicle Notes ❑
TO:
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F-• 77,Reporting Officer Signature(Include Rank) 78 ID No 79 Supervisor's Signature(Include Rank) 80 ID No
Z 84.
81. Status ❑Open ❑Closed(If Closed,check box below a�
Unfounded 82 Status Date 83 Notified/TOT of
Q ❑Vict.Refused to Coop ❑Arrest ❑Pros Declined ❑Warrant Advised
❑CBI 0 Juv--No Custody ,']Arrest-Juv t [Offender Dead C]E.trad Dedin :1 Unknown pages
DCJS-3205 (2/97) `FALSE STATEMENTS ARE PUNISHABLE AS A CRIME,PURSUANT TO THE NEW YORK STATE PENAL LAW
RECEIVED '
--J-UN 2 4 2022
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A- 3153 t� '
The People of the State of New York vs. IaQLE IN nAL
F! E
LAST N-
APT.NO
STR S
ZIP
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LICENSE Ofl REGISTRATION NUMBER
ATE OF EIRT C'PEpATOR
STATE TYPE OF L'CENSE PATE EXPIRES OWNS VEHICLE
OYES ONO
THE OPERATCA OR REGISTERED'OWNER OF VEHICLE DESCRIBED EELOV DA'E E%FIRES
PLATE NO
PLATE TYPE
STATE ❑PASS ❑COMM II
❑N.Y- ❑N J- ❑N Y. ❑N J. ❑
❑ DODGE
VEHICLE MAKE CA ❑ PONTIAC
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TYPE ❑ K ❑ TRAILER ❑ VAN ❑
VIN NUM
THE PERSON DESCRIBED
CABOVE
IS CHARGED AS FOLLOWS PCT
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CONTACT COURT❑
PARKING SCHEDULED FINE
THE PERSON DESCRIBED ABOVE IS SUMMONED TO APPEAR AT
SOUTHOLD TOWN JUSTSCE COURT,53095 ROUTE 25,SOLfTHO1D,NY 11971
OA�E C1i iPP[JA'vtiGE 11.4T FOR TYQ
ON / J � AT AMPM
FALSE STATEMENTS HEREIN ARE PUNISYAELE AS A CLASS A MISOEM ANOR PU0.5UANT TO SECTION 210.45 OF THE P LN.Y S
DATE
COMPLPJNnN?
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AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use
permit, site plan approval,use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Munici al
Law. RECEIVE=:
1. Name of Applicant: Richard Martino !
2. Address of Applicant: 24 Inlet Road E,Southampton, NY 11968 4
3. Name of Land Owner(if other than Applicant): Elise Martino d UT }oals
4. Address of Land Owner: 3875 Hallock Lane, PO Box 549 Mattituck,N
5. Description of Proposed Project: Legalization of existing Gazebo&Shed
6. Location of Property: (road and Tax map
number) Hallock Lane 1000-112.00-01.00-008.004
7. Is the parcel within 500 feet of a farm operation? { } Yes No
8. Is this parcel actively farmed? { } Yes '�A No
9. Name and addresses of any owner(s) of land within the agricultural district containing
active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning
Board Staff, it is your responsibility to obtain the current names and mailing addresses from the
Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1. ��� 1 1 ~SG��f1C!►i v !u- � t1`-� 11q`Y�
2. L ] C. iS AV Ll_ S
3. r — l [�
4. L K
5. � ck - r i
(Please the ba k of this age if there are additional property owners)
_
Signature of Applicant Date
Note:
1. The local Board will solicit comments from the owners of land identified above in order to
consider the effect of the proposed action on their farm operation. Solicitations will be made by
supplying a copy of this statement.
2. Comments returned to the local Board will be taken into consideration as part as the overall
review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property
owners identified above. The cost for mailing shall be paid by the Applicant at the time the
application is submitted for review.
617.20
Appendix B
Short Environmental Assessment Form RECEIVED
Instructions for Cony letin JUN 2 4 2022
Part I-Project Information. The applicant or project sponsor is responsible for the co ootjLglgosvar� bf". paaus
become part of the application for approval or funding,are subject to public review,and maject to
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part I -Project and Sponsor Information
Name of Action or Project:
Martino Legalization
Project Location(describe,and attach a location map):
3875 Hallock Lane, Mattituck, NY 11952
Brief Description of Proposed Action:
Legalization of a Gazebo with a deck erected short of setback requirements. Legalization of a shed
erected partially in the property's sideyard
Name of Applicant or Sponsor: Telephone: -{
Richard Martino E-Mail:c L'.l
Address:
24 Inlet Road E
City/PO: State: Zip Code:
Southampton NY 11968
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a pennit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
x
3.a.Total acreage of the site of the proposed action? 1_3 acres
b.Total acreage to be physically disturbed? Zs acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 3.3 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑ Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial Residential(suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify):
❑ Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations?
ff\ I
b.Consistent with the adopted comprehensive plan? �/
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? x
7. Is the site of the proposed action located in,or does it adjoin,a stat listed C I �i 'i;mnental rea? NO YES
If Yes,identify:
x
8. a.Will the proposed action result in a substantial increase in traffic bove present levels? NO YES
Zoning Board of Appeals x
b.Are public transportation service(s)available at or near the site o mcd,Mn.
x
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
x
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
b.Is the proposed action located in an archeological sensitive area?
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? x
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
I Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑ Wetland ❑ Urban ❑ Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? x
16.Is the project site located in the 100 year flood plain? NO YES
x
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will stor water discharges flow to adjacent properties? NO❑YES x
m
b.Will storm water discharges be directed to established conveyance systems( off and storm drains)?
If Yes,briefly describe: NO ❑YES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:
x
19.Has the site of the proposed action or an adjoining property been the locati on of an ac lve or c i5sed NO YES
solid waste management facility? JUN 2 4 2022
If Yes,describe:
x
❑11i.ag Rnarrl h$ +ape LS
20. Has the site of the proposed action or an adjoining property been the subj NO YES
completed)for hazardous waste?
If Yes,describe:
x
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Richard Mprthw, Date: May 17,2022
Signature:
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? X
2. Will the proposed action result in a change in the use or intensity of use of land? x
3. Will the proposed action impair the character or quality of the existing community? x
4. Will the proposed action have an impact on the environmental characteristics that caused the x
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or x
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate x
reasonably available energy conservation or renewable energy opportunities'?
7. Will the proposed action impact existing: x
a.public/private water supplies?
b.public/private wastewater treatment utilities? x
8. Will the proposed action impair the character or quality of important historic,archaeological, x
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)? x
Page 3 of 4
No,or Moderate
small to large
impact impact
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage X
problems?
11. Will the proposed action create a hazard to environmental resources or human health? X
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and
cumulative impacts.
RECEIVE
JUN 2 4 2022
Zoning Board of Appeals
❑ Check this box if you have detennined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
M Check this box if you have detennined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
May 17,2022
Name of Lead Agency Date
Richard Martino Applicant
Print or Type Na o es a ibie Officer in Lead Agency Title of Responsible Officer
Signature o Res onsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
Page 4 of 4
Town of Southold lw�
LWI&CONSISTENCY ASSESSMENT FORM RECEIVED
A. INSTRUCTIONS J U N 2 4 2022
1. All applicants for permits* including Town of Southold agencies Xonilallco p�le�tnftl�is a for
proposed actions that are subject to the Town of Southold Waterfron nsls cnc MAfieWBY1. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000-112.00-01.00-008.004
The Application has been submitted to(check appropriate response):
Town Board I] Planning Dept. 0 Building Dept. 50 Board of Trustees 0
1. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital 0
construction,planning activity,agency regulation, land transaction)
(b) Financial assistance(e.g. grant, loan, subsidy)
(c) Permit,approval, license,certification: C
Nature and extent of action:
Legalization of as built Gazebo and Shed
- !
Location of action. 3875 Hallock Lane, Mattituck -A�-
RECEIVED
Site acreage: 3.3
JUN 2 4 2022
Present land use: Residential
Zoning Board of Appeals
Present zoning classification:
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant:
Richard Martino
(b) Mailing address: 24 Inlet Road East,Southampton, nY 11968
(c) Telephone number: Area Code ( ) 516-658-9276
(d) Application number, if any:
Will the action be directly undertaken, require funding,or approval by a state or federal agency?
Yes ❑ No❑ If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and
minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation
criteria.
❑Yes ❑ No Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III—Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No I Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes L] No Not Applicable
RECEIVED
UN 2
ZnninQ Rnard of Appeals
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III—Policies Pages 8 through 16 for evaluation criteria
Yes No Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
0 Yes �r No Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22
through 32 for evaluation criteria.
Yes Fr No$ Not Applicable
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
7RECEIVED
❑ Yes ❑ No Not Applicable
2022
onting Board
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation
criteria.
❑'� YeEl No Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes 0 No Not Applicable
RECEIVED
2027
Attach additional sheets if necessary ontng
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes ❑ No r Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes ❑ Noq Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
❑ Yes ❑ No Not Applicable
Created on 512510511:20 AM
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FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT RECEIVED
Office of the Building Inspector
Town Hall JUN 2 4 2022
Southold, N.Y.
Zoning Board of Appeals
CERTIFICATE OF OCCUPANCY J,
No: Z-29032 Date_ 10 29/02
THIS CERTIFIES that the building NEW DWELLING
Location of Property: 3875 HALLOCK LANE MATTITUCK
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No. 473889 Section 112 Block 1 Lot 8.4
Subdivision Filed Map NO. Lot NO_
conforms substantially to the Application for Building Permit heretofore
filed in this office dated APRIL 23, 2002 pursuant to which
Building Permit No. 28321-Z dated APRIL 23, 2002
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 WITH REAR DECK, SECOND FLOOR BALCONIES AND
ATTACHED THREE CAR GARAGE AS APPLIED FOR.
The certificate is issued to RICHARD & ELISE MARTINO
(OWNER)
of the aforesaid building.
SUFFOI.K COUNTY DEPARTMENT OF HEALTH APPROVAL R10-99-0045 07 10/02
ELECTRICAL CERTIFICATE NO. N 571695 10 03 O1
PLUMBERS CERTIFICATION DATED 04/29 02 RICHARD W GOELZ JR
Authoriz Signature
Rev. 1/81
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
r�a TOWN CLERK'S OFFICE
.. SOUTHOLD, NY
BUILDING PERMIT RECEIVED
(THIS PERMIT MUST BE KEPT ON THE PREMIS S JUN 2 4 2022
WITH ONE SET OF APPROVED PLANS AND SPECIFIC TIONS
UNTIL FULL COMPLETION OF THE WORK AUTHOR ZE<D)ng Board of Appeals
Permit#: 47878 Date: 5/31/2022
Permission is hereby granted to:
Martino, Elise
3875 Hallock Lane Ext
PO BOX 549
Mattituck, NY 11952
To: legalize "as built" additions and alterations to existing single-family dwelling as applied
for. Additional certification will be required.
At premises located at:
3875 Hallock Ln., Mattituck
SCTM #473889
Sec/Block/Lot# 112.-1-8.4
Pursuant to application dated 3/24/2022 and approved by the Building Inspector.
To expire on 11/30/2023.
Fees:
AS BUILT-SINGLE FAMILY ADDITION/ALTERATION $4,448.00
CO-ADDITION TO DWELLING $50.00
Total: $4,498.00
Building Inspector
Board of Zoning Appeals Application
RECEIVEf-
AUTHORIZATION J U N 2 4 2022
(Where the Applicant is not the Owner)
Zoning Board of Appeals
I, Elise Martino residing at 3875 Hallock Lane, PO Box 549
(Print property owner's name) (Mailing Address)
Mattituck, NY 11952 do hereby authorize Richard A Martino&Rachael Davey
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
E) I V- �
(Owner's Signature)
Elise Martino
(Print Owner's Name)
AGENTIREPRES ENTATI VE
TRANSACTIONAL DISCLOSURE FORM
The"Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME• Richard A Martino
(Last name,first name,middle initial,unless you are applying in the name of someo7RECENED
y,Much as a
company.if so,indicate the other person's or company's name.)
TYPE OF APPLICATION:(Check all that apply) 4 2�22
Tax grievance Building Permit 2 I
Variance x Trustee Permit x
Change of Zone _ Coastal Erosion Board of APPC-als
Approval of Plat Mooring a+tying
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or
employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"
means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which the town officer or employee owns more than 5%of the shares.
YES NO X
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.
Either check the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this day of ,20
Signature
Print Name Richard A Martino
SUPREME COURT OF THE STATE OF NEW YORK RECEIVED
APPELLATE TERM : 9th & 10th JUDICIAL DISTRICTS
JUN 2 4 2022 I
Zoning Board of Ai)peals
PRESENT : IA`I VA.CCI, J,F , , Oi-.BERT ain:d CONNOLLY, JJ.
RECEIVED
JUN 2 4 2022
THE PEOPLE OF THE STATE OF NEW YORK,
Zoning Board of Appeals
Respondent,
-against-
NO. 2013-2134 S CR
DECIDED
SEP 18 2015
RICHARD t0AR.TINO,
P-ppellu-t
___-_-----__-- -------------------------------
Appeal from a judgment of+ , Jus_,7-e Court of the Town of Southold, Suffolk
County (Rudoinn H. Bauer, !.;, rendered September 16, 2013. The judgment convicted
defendant, after a nonjury trial, of violating section 275-5 of the Code of the Town of
Southold.
ORDERED that the judgment of conviction is reversed, on the law, the
accusator,;/ instrument is dismissed, and the one, if paid, is remitted.
On November 21, 2006, defendant was charged, regarding property located in
Mattituck, adjacent to the Long Island Sound; with violating section 275-5 of the Code
of the Town of Southold, in that he had constructed "stairs within 100' of the bluff line
SI':1-1
RE: PEOPLE v RICHARD MARTINO
NO. 2013-2134 S CR RECEIVED
l
---------------------------------__---..-_..____- ._------- ----------------------- -------- - --
�l�l� � �
without a oer-rii�.`rorn t'1c Board of Trustees.' After a nonjury trial #t �!3L9s F C'C'b ``
found defendant guilty as charged, and fined him $4,000.
Sectors 275-5 (A) of the Code of the Town of Southold provides that
"[n]otwithstanding any prior course of conduct or permission granted, no person shall
conduct operations on any area within Trustee jurisdiction (§ 275-3C) [sic] without first
obtaining a pe--Fm:t th:.refar issuer-! �y the Trustees as hereinafter provided and
only while, Suc!- Permit remains in effec_
Sectior %r 5-3 (C) of the Go e Of r;e Town of Southold provides that "[t]he
following are subiect to protection under Chapter 275 of the Code of Southold.
(1) Any fres'w^,-etar wetland, tidal v etland, 'each, bluff, dune, flat, marsh, swamp, wet
meadov,i- bob c.: -,;&-~al 000!: (2) ^,-y cr eer: estua-y, stream, pond, canal, or lake; (3)
Land (A) Land subject to tidal action; (5) Land within 100 feet of the areas
listed a"c }.raters.
Secti:-: _-;}-? {.^,.} cf- "ode of t` c Tokfan of Southold contains the following
applicably
f "_;I.f' is "fali-i frank or cUlf,,vit. precipitous or steeply sloped face adjoining
a beach or a. nd y of water. The, watervfard limit of a bluff is the landward limit of its
waterward r aj:: ra: pi-otective `eature_ ln!here no beach is present the waterward limit of
a bluff is ,,:,, water. The iar c,,lard niT is 25 feet landward of the receding edge
or, in those 1,rL-here there is ne discernible line of active erosion, 25 feet landward
3H-=
RE: PEOPLE v RICHARD MARTINO NO. 2013-2134 S CR RECEIVED
__ llL��4�7022 x
Zoning Board of Appeals
of the point cif inFlectio�) on t;ie top of the bluff. The point of inflec
the top of the hluff v�ihere the trend of the land slope changes to begin its desce�tt �e
shoreline."
A "Sluff Line" is `-[t]he landward limit of a bluff that is 25 feet landward of the
receding edge or, in those cases where there is no discernible line of active erosion, 25
feet Iand,.,vErd of the point of inflection cn -he top cf the bluff. The point of inflection is
that point a+nrn� fop of the bluff where !_he trend of the land slope changes to begin
its descent to 'he shoreline."
SPeFa-icrs" includes "[t]he -:lacelrent, repair or removal of structures, including,
but not limitod to, boats, float-ing dccks, f"oats, dock components, and duck blinds," and
"[t]he erection --=struction, alteration, repair or enlargement of any building, dock, pier,
wharf, bulkhea . j=tty, groin; or an',i system or other structure, temporary or permanent,
on wetlands, or in any area within Trustee jurisdiction."
Include .r +he definition cf "Struc`ure` is "stairs."
"[tihe Boars' cf Truste=_ o"the Town of Southold."
Viewing the evildence in the light most favorable to the prosecution (see People v
Contes 80 NY2d C20 921 [19331) we find that the elements of a violation of section
275-5 of the C�,-,<e of the Town of Southold vvere. not established.
REC
EIVED
RE: PECRLE v RICHARD MART!NO JU4 2022
NO. 2013-2134 S CR
L
ning of Appeals
The tc=st;rno;-,y c,f a bav constable was aided by the admission into evidence of
lkoq
three photographs of the stairs in question. However, the bay constable never testified
where the Muff iine was on the photographs. He never testified that the stairs were on
land within ;00 feet of a bluff. The bay constable merely "guess[ed j" that the stairs
were within the jurisdiction of the Board of Trustees. The Chairman of the Town of
Southold Bo-. d of Trustees, -who ;°gas a witness for the prosecution, never testified that
the incline aris'P- from the beach on defendant's property on which the stairs were
located uva-- s`_eep enough tc constitute , bluff. His testimony as to where the bluff line
was on dsfen:.ia-,"s property was teased on an approximation. While he testified that
"[w]etland Jurisdiction is one hundred feet of vegetation wetland and fresh water wetland
is also cane hil-,fired ifeet from he sever specifically testified that the
stairs were '00 feet of a bluff. he photographs merely show stairs going from
the rear of to the beacl- e.—d the sound. They do not contain any
measurerne:�1 —rus, defendant':-- c )nvic`ic of violating Section 275-5 of the Code of
the Town c 41:�--:.:'":hold was based on Legally insufficient evidence.
In Fgi-t cute mr,natio!-,, eve need, not address defendant's other contentions.
RECEIVED
RE: PEOPLE v RICHARD MARTINO JUN 2 4 2022
NO. 20 1 3-2134 S CR
Board of A ppeals
_......
Zoning _
------------------------------------.----------------------------- ----------- ------��
Accordingly. thE-judgment of conviction is reversed, the accusatory instrument is
dismissed, an-' the fine, if paid, is remitted.
lannacci. J.P., Toibert and Connolly, JJ., concur.
S M-5
At a term of the Appellate Term of the Supreme Court
of the State of New York for the 9th & 10th Judicial Districts
SEP 18 2015
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT JUNE 18, 201-r TERM
FRANCESCA E. CONNOLL Y, .JJ. 2013-2134 S CR
____---------- ----------------------
THE P=CPt_= C01= THE STATE OF NEW PORK,
Lower o u rt J# of APPeals
-against- aping Board
06120 16
R I C ING,
--I-F; pr=-ve ,.arr:ed 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 argued bNf ERIC J. BRESSLER, ESQ., counsel for the appellant and submitted
by LORI M. HULSE, ESQ,., 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 a=lsatonf instrument is dismissed, and the fine, if paid, is remitted.
lannacci, J.P., Tolbert and Connolly, JJ., concur.
ERIC J. BF;ESSLER.
WICKHAM, BRESSLER & GEASA, P.C.
1031 5 MAIN F.G.
P.O. BOX !424
MATTITUCK, NY 11952
ENTER:
LORI Sri. HULEE-E ESG'.
ASSISTANT SOU T HOLD TOWN .ATTORNEY PAUL KENNY
P.O. BOX ., 17? CHIEF CLERK
SOUTHHOLD, NY 11-971 APPELLATE TERM
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LK&A L. K. McLean Associates, P.C.
437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINTEERS
(631)286-8668 • FAX(631)286-6314
Associates
EUGENE F DALY,P.E.,P.T,O.E.71
", PRESIDENT and C E.O. CHRISTOPHER F.DWYER
RAYMOND G.DiBIASE.P.E.,P.T.O.E. M,EXECUTIVE VICE PRESIDENT ROBERT A.STEELE,P.E.
JAMES L DeKONING,P.E
ROY R.FULKERSON,P L.S. VICE PRESIDENT
STEVEN W EISENBERSENBERG,P.E
ANDREW B.SPEISER
A%
Town of Southold ja '. '
PO Box 1179 RECEIVED
Southold, New York 11971
JUN 2 4 2022
Re: Martino Residence Zoning Board of Appeals
3785 Hallock Lane Ext. �—
Mattituck, New York
Inspection of Gazebo.
LKAZA 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. LKMA initially visited the residence on June 9, 201 1 and performed a
thorough inspection of the gazebo, beach stairway and the surrounding areas where they are
currently situated. Incorporated with each inspection LKMA photo documented existing field
conditions of the gazebo, its contents and surrounding areas.
The gazebo 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 housfa, real-
yard and the Long Island Sound. The interior 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.
Founded in 1950■
LK&A L. K. McLean Associates, PC
FRCEIVEL;
2 4 2022
The beach stairway begins at the rear of the yard and extends down towarh. "l he
design of the stairway is not a straiglit run but semi-angular conforming ttdard of Appeals
topography of the slope. The stainvay is constructed of moni�lithically pot L t s < <
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
stairwav 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, 201 1 through November
23, 2011, the visual condition of the gazebo, beach stairway and paths remain consistent. There
are no visual signs oi'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 same time period, in
August, 201 1 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 the "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 ow•
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 comments. please do not hesitate in comactinhy 111c.
Very truly yours,
Joseph M. Catropa,
Senior Architect
L.K.McLean Associates, P.C.
CC: LKMA
Mr. Eric J. Bressler, Esq.
Mr. & Mrs. Richard Martino
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