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Home My WebLink AboutTR-397 TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No ...... ,3.9,,7, ......... has been gra, nt~d by the ,TOwn ;F~ustees according to information furnished in Application No.....5..0..2. ........ ;.. filed.by ' Land Use fo.~...A,~...t...~.q~7. Apphcant. .................................. Gamh±no on .Tan. 4, 19.8,.7, . A map of the proposed work will be kept on file in the Trustee Office underthe application numbergiven. ~ To constrnct a single fami%y &welling ~lus..d.e.~, Permit granted to do the foIlowin§ w ................................................... ~ ............... _. ...................... sanitary system and well. Location of property ~- ,A,h;~h ,~ ~,, h ,~ ~ Lupron Point Road, Ma~titucko Creek, Bay or Harbor fronting property Deep, Hole..Cree,.k. o .' .................................. Size of work: Length ...... ,5.,0.,' .................................................................................................................. Width 30' Height Above High Water ,., n/a Depth Below L~w Water ......... .n.../.a,. ................................................................................ 0 yards to be Excavated ..................................................................................................... 0 Yards to be Filled ......................................................................................................... Manner in which material is to be removed or deposited .................................................... ; .................... Intended use of property Resident ial Conditions if any ~T~h.~?.r..e.~.i..s.~t.~9~b..e.~Ln..°.~.d..i.`s.~t.u..r..b..a..n.~E~%~E~9~5~9~T~F~92~9~p~`~j~.~ 50' f~he high marsh/intertidal mar~h. . ......................................................... April 29, 1988 if work has not commenced by said ~.te Expiration Date ....................................................................................................... , ....................... '' -'---=--.'ired Tw.o, the Trustees are ~.~.~.b..e~.n..~..t`~i..f~.i..e~.d~9.p.~.q~g~g~%p~.~.~p.n.~.~..f.+ Number or i nspecuo,~ n~qu ......................................... the work, Inspection Fees $10.00 ~aid ' Liability Policies in the Amount of The validity of this permit is or may be subiec~ to the approval of other governmental or municipal authorities. The Town acceotS no resoonsibility 'n applying for or obtaining such approval. In the even~ that such approval is necessary, the holder of this aermit shall not commence operations here- under until such approval has been obtained in writing. The failure ~o obtain such other approval when reeuired shall subject this permit to immediate revocation by the Trustees upon receip[ by the Trustees- of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and proper~V resulting from such operations. By such acceptance, the app-licant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from an~ and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises u pon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: ' A. Adversely affect the wetlands of the town. B, Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the towr.. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E, Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity, I. Otherwise adversely affect the health, safety and general welfare of the people of the town. President Board of Southold Town Trustees Oate ......... ................. FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J~ KRUPSKI, JR., Vice-President ¢516) 765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. ~ ~ HENRY P. SI~[ITH . _ BOARD OF TOWN TBUSTEE$ TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 August 26, 1988 Mr. Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road, P. O. Box 1424 Mattituck, New York 11952 Re: Anthony Gambino 1000-115-11-10 Dear Mr. Ross: The following action was taken by the Board of Town Trustees during their regular meeting held on August 25, 1988 regarding the above matter. WHEREAS, the Southold Town Trustees personally viewed and are familiar with the premises of Anthony Gambino; and WHEREAS, THE Board has carefully considered all the testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at the East end of Lupton Point Road, Mattituck fronting on Deep Hole Creek. 2. The property is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 10. 3. In consideration of this request, the Board finds: (a) The project will not adversely affect the wetlands of the Town. (b) The project will not weaken or undermine the lateral support of other lands in the vicinity; Now, Therefore Be It RESOLVED to GRANT a WAIVER of the Wetland Ordinance in accordance with Article II, 97-20 (B), in the matter of Daniel C. Ross on behalf of Anthony Gambino to install two 4' (high) by 8' (wide) dry wells on his property located on Lupton's Point, Mattituck. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Very trulyyours,D ~rank A. Ku~awski, Jr. President Board of Trustees FAK:ip cc: Board of Appeals Bldg. Dept. Anthony Gambino file Please be advised that there is a $25.00 fee for this waiver at this time. HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. (5i6) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 31, 1987 Mr. Charles'W. Bowman Land Use Company North Country Road Box 361 ~ Wading River, New York 11792 Re: Anthony Gambino - Application No. 397 Dear Mr. Bowman: The following action was taken by the Board of Town Trustees regarding the above application: RESOLVED that the Southold Town Trustees accept the amended plan submitted by the Land Use Company on behalf of Anthony Gambino reflecting the sanitary system out of the Trustees jurisdiction% Very truly yours, Henry P.~Smith, President Board of Town Trustees HPS:ip HENRY P. SMITH. President TELEPHONE JOHN M. BREDEMEYER Vice-Pres. f516~ 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Sonthold New York 11971 &pril 30, 1987 Mr. Glenn Just Land Use Company Route 25A Box 2521 Wading River, New York 11792 RE: Anthony Gambino - Application No. 502 Dear Mr. Just: The following action was taken by the Board of Trustees during their regular meeting held on April 29, 1987 regarding the above matter. WHEREAS, The Land Use Company on behalf of Anthony Gambino applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on April 29, 1987 at which time all interested persons were given an opportunity to be heard, and no objectmons were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Anthony Gambino BE AND HEREBY IS GRANT PERMISSION UNDER THE PROVISIONS OF THE ~TLAND ORDINA~NCE OF THE TOWN OF SOUTHOLD TO: Construct a 30' x 50' single family dwelling plus attached decks a minimum of 60' landward of high marsh. Install a sanitary system a minimum of 100' landward of high marsh and install a well. There shall be no disturbance to the vegetation or topography within 50' of the high marsh/intertidal marsh. Property is located on Lup=on Point Road off of Marrateoka Road, Mattituck. Board of Trustees - Anthony Gambino - Approval Page 2. This permit will expire on April 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amoun= as ~hall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for _ any other department or agency which may also have an application pending for the same or similar project. PLEASE RETURN TO THE BUILDING DEPT. FOR A~DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Please remit $10.00 for Wetland Inspection Fees. Upon remittance your permit will be forwarded by mail. Very truly yours, Henry P. ~mith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board/~Appeals File - TELEPHONE {516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 27, 1987 Mr. Glenn Just Land Use Company Route 25 A Box 252I Wading River, New York 11792 Re: Anthony Gambino - Application No. 502 Dear Mr. Just: The following action was taken by the Board of Trustees during their regular meeting held on February 26, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Anthony Gambino for a Wetland Permit on certain property located on Lupron Point Road, Mattituck. Very truly yours, Henry P. Smith, President Board of Town Trustees cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File TELEPHONE ~516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O, Box 728 Southold, New York 11971 February 1t, 1987 Mr. Martin Garrell, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southotd, New York 11971 Dear Pkr. Garrell: Transmitted herewith is application no. 502 for a wetland p~rmit submitted by Land Use Cbmpany on behalf of Anthony Gambino. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board Attachment TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 11, 1987 Mr. Robert A. Greene Alternate Regional Permit Administranor New York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Greene: Transmitted herewith is Wetland Application No. 502 -~ submitted by The Land Use Company on behalf of Anothony Gambino. We would like to coordinate with you in our role as Lead Agency regarding this application. May we have your comments on same by March 3, 1987. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip Attachments cc: Commissioner Henry G. Williams, D.E.C., Albany Southold Town Building Dept. RESOLUTION - LEAD AGENCY DECLARATION for: Anthony Gambino - Lamd Use Company I~ESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of the Land Use Company on behalf of Anthony Gambino for a Wetland Permit on certain property located on Lupron Point Road, Mattituck. ~LEPHONE (516) 765-I892 BOARD OF TOWN TRUSTEES TOWN OF SO.HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 NOTICE OP NEED FOR PEt~IT December 22, 1986 Mr. Anthony Gambino Deep Hole Drive Mattituck, New York 11952 Re: ~000-i15-11-10 RE: House Construction Dear Mr. Gambino: A review has been made of this Parcel XXXXXXXXXXproposal to: Construct a single family ro~dence, and sanitary system and well. Location: Deep Hole Crook, Mattituok It appears that a permit is required from the Town Trustees in accordance with the Code of the Town of Southold, Chapter 97, Wetlands. Enclosed zs an application form (directions also). To avoid delays, be sure all specified informatzon mn included applicable to the type of activity, complete and Submit ~11 forms with plans. Board of Town Trustees President Henry P. Smith HP S: ip Attachments HENRY P. SMITH. President ~ TELEPHONE JOHN M. BREDEMEYER. Vice-Pres. (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 1197I Date: February 1i, 1987 To ~om It my Concern: Attached hereto is a Short Environmental Assessment Form submitted by the Land Hse Company on behalf of Anthony Gambino in connection with his application for a wetland permit to construct a 30' ~ 50' single family dwelling plus attached decks a minimum of 60' landward of high marsh. Install sanitary system a minimum of 100' landward of high marsh and install a well. There shall be no disturbance to the vegetation or topography within 50' of the high marsh/intertidal marsh. Property is located on Lupron Point Road, off of ~rratoo~ Road,~Mattituck. Board of Tom Trusnees Posted: Feb. 11, 1987 BOARD OF TOWN TRUSTEES - TOWel OF SOUTItOLD SHORT ENVIRON~IENTAL ASSESSMENT FORM Project Information [To be completed by Applicant or Project sponsor) 5. Describe ~rolect brmfl~ Please ~ee a~ac~ed (m~p encZo~edJ S.C.I.~. no. /000-//5-//-/0 7. Amount of land affected: [] Residential [] ,naus,rial [] Commercial [] Agriculture [] Parklanc o~en space [] Other ~ Yes __J~t N,o ' I.f )'es, list agency(s} Rnd permit/,appr~v.~ls -- S. L. l). #, 3. /tplbtCcatLon 4/0. /~-3bt-06 - '/)endLrB. #.y.S.I),~.C. /Lc[aZ rge~Zanda ~ Yes [] NO If yes, list agency name and ~ermit/~oorova[ tvoe I CERTIFY THAT THE INFORMATION PROVIDED ABOVE 15 TRUE TO THE BEST OF ,MY KNOWLEDGE PART Il Environments[ Assessment (To be complete~J by Agency) PART 111 Determination of Significance [To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude, If necessarv, add attachments ,or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and aoequately addressed. [] Checl~ this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULULONG FORM FAF and/or prepare a positive declaration. [-- Check this box if you have determined, based on the information and analysis above and any supporting documentation. that the Drooose~] action WILL NOT result in any significant adverse environmental impacts AND provide here and on attachments as necessary, the reasons supportng this deternn nation: HENRY P. SMITH, President ~ TELEPHONE JOHN M. BREDEMEYER. Vice-Pres. f5161 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONFiENT DATE: Ma=ch 26, 1987 APPLICATION NO.: 502 NAME: The Land Use Company on behalf of Anthony Gambino This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which ma~ also have an application pending for the same or'similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct a 30' x 50' single family dwelling plus an attached decks a minimum of 60' landward of high marsh. Install a sanitary system a minimum of 100' landward of high marsh and install a well. There is to be no disturbance to the vegetation or topography within 50' of the high marsh/ intertidal marsh area ...... LOCATION: Lupton Point Road, off of Marratooka Road, Mattituck. REASONS SUPPORTING THIS DETERMINATION: t. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time fcom the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File Land Use Company on behalf of Anthony Gambino Police Dept. - Bay Constable Town of Southotd Peconic, New York 11958 NOTICE OF VIOLATION July I~ 87 Date: ................... , 19 ..... ~o Anthony Gambino To: ....... .................... 850 Deem Ho!e Dr. Mattizuck~ ~i.Y. Address: ........ ~ .................. ~--=--= ........ ~--QS~-= ............ (Address of owner or autnor~ze~ agent o o er; Please take notice there exists a violation of the Code of the · ~i - -~ ~ 31 Town of Southold, Chapter 97 Artzcle---== ....... ~ecnzon .............. at premises hereinafter described in that--~i°-u---ar-~2~-~-~p-~a-n-c-e-- You are therefore directed and ordered to co~pl~ with the following: --- -C-~3~e- ~'~- f-t~-~'~'~'3-e~-~-%ie~ ~n Dro~er~ E~ablis~ a ~_u~u s ~ 19_~% .... on or before ........... day of The premises to which this Notice of Violation refers are situated at: - - ..................................... d~own of Southold, Suffolk County, NLy~ (Suff. County Tax Map Designation: Dist. 10~0 Section:---===--x----Block:-== ..... Lot: Failure to comply with the applicable provisions o~ the law may constitute an offense punishable by fine or imprisomn, ent or both. NOTICE: You have the r~ght to apply for a hearing before the Board of Trustees of the Town of Southold, provided that ~ou file a written request with the Clerk of the Trustees within 10 days after service'of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded,. ~: ~/~.. Bay Co~stable, Town~ of Southo~, NY TELEPHO~ (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 ADDRESS OF AP~LICAH/ 81-2fi Cover £oua~, gtddde 7tdda~e, #.Y. 11379 TAX MAP UO. CREEK, BAY OR HARBOR FRONTIRO PROPERTY s~z£ oF PROPOS£U WOnK ~ee attacAcd DEPTH BELOW LOW WATER____._.~/~ _ IS THIS FOR PRIVAT£ OR SU$INES$ AREA ZOm~NG__ INTENDED USE OF PROPERTY #o ope~a~Lon~ Aav¢ been p~evLou~Z~ conducted ~o m~ ~nowZed~e. ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL J.C.~.#.S. ~ppZLca~Loa #o. /~-JO-o~ - ~endLn~ PR~ls~s A~TER T.E WORK ~S COMPLETED ~NCLUDE A. ADD~T~O~A= SURVey Or THE PROJECT SiTE iF NECESSARY ~0 ~efia~LZL~a~Lon ~Aouid be n~ce~aa~_~_ wL~fi pao~'e¢~ a~ wooo~ed. WRITTEN CONSENT OF THeE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? ~ppZ£c~L ?~opo~ ~o co~L~ucL ~ ~0~ ~0~ ~£~¢ ~a~ ma~fi. ]n~ali ~ ~an£~a~y ~y~em a minimum o/ /00' landward o~ Lo ~fie v¢~a~Lon or ~opo~rapfi~ ~L~fiLn ~0' of ~fi¢ fiL~fi mar~h/Ln~r- ~Ldai Please be advised th&~ ~he Land Use Company has my perm~ssion to apply for'alX pefmiCs to complete this p=oJect. COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: AND SAYS THAT HE I$ TH£ APPLICANT FOR THE ADOVE DEDCRIDED PERMITS, OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WiLL SE DONE IN THE MANNER PET FORTH IN THIS APPLICATION AND AS MAY SE APPROVED BY THE TOWN BOARD OF THE TOWN OF DOUTHOLD. THE APPLICANT AGREES TO VIRTUE OF SAID PERMIT, IF GRANTED° in completing this application I hereby authorize the Trusteesj aqent or representative to enter onto my ~roperty to inspect the premises in conjunction with review ~is appI~¢a~on~/ SI GN~URE OF AP~1~C~NT SWORN TO BEZORE ME THiS CH.~I~LE~ W, BOWMAN [qOTARY PUBLIC, S~ale of New York / NOTARY PUBLI EXAMINED APPROVED "WETLANDS" PER~IT (CHAPTER 97) APPROVED IISOAT.OOCKD. WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCES. WHARVES" PERMIT (CHAPTER 32) CONDITIONS, iF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/,27/85 L~ . thold Town Board of Appeals MAIN ~OAD- STATE ROAD ~5 SOUTHOLD, L.I., N.Y, 11g71 TELEPHONE (516) 765-18~ ~EA~ BOARD MEMBERS ~RARD P. ~EHRINGER, CHAIRMAN CHARLES GRIGON~, JR. ~RGE~Y~.~. December 21 , t987 R~T J. DOUGHS JOSEPH ~ ~WlC~ Eric O. Bressler, Esq. W~ckham, Wickham & Bressler, P.C. Main Road - Box 1424 Mattituck, NY 11952 Re: Appl. No. 3672 - Anthony Gambino (Variance) Dear Mr. Bressler: )ransmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board 'bf Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to re~urn to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office {765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, 'GERARD P. GOEHRINGER CHAIRMAN Enclosure y~Li nd~ Co~ of Decision to: ' Building Department Marco A. Longo, Jr., Esq. Suffolk County Planning Commission /~ COUNTY OF SUFFOLK -~-'? --: PETER F. COHALAN SUFFOLk COUNTY EXECUTIVE DEPARTMENT Of HEALTH SERVICES David HARRIS. M.D.M.P.H. COMMISSIONER December 19, 1986 Board of Tow~ Trustees Town of Southold 53095 Main Road Southold, N.Y. 11971 Property s/w/c/o Right of Way and Deep Hole Creek Mattituck (T) Southold Dear Gentlemen: This office has received an application on the above reference~ parcel for approval to cons~ruc= a single family dwelling, sanitary system, and water supply. The proposed development does not mee= the standards of the Suffolk County Department of Health and is pending before the Board of Review for a var!ance. A copy of ~e proposal is included Eor your review. Slnce~he proposal may affect w~tlands ana/or cur a~ waters of %~'Town Of Southold~ %hi~ Qff~ge ~e~que~ .ypur com~ mentS and concerns. Y~dr ~i~el~ ~ ~ ~' ~&{iy ~ appreciated. Very truly yours, Walter G. Lindley Environmental Planner Bureau of Wastewater Managemen~ WGL:ljr county CE~Zr 548--3312 N. COUNTRY RD. {} BOX 36t VgADING RIVER. N.Y. tt79~ (5t6) 929-3575 July 28, 1987 Southold Town Trustees Town H~ll 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Mr. Henry P. Smith Re: Permit No. 397 Anthony Gambino Dear Mr. Smith: Enclosed please find one copy of the approval to construct issued by the SkC.D.H.S. Kindly amend the Town permit to reflect said sanitary location. I remain, Very Truly Yours, Charles W. Bowman CWB/te Enclosure APPLICATIONS NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS STATE OF NE~N YORK ) WILL BE HELD BY THE TOWN TRUSTEES OF THE ) SS: TOWN OF SOUTHOLD. AT COUNTYOFSUFFOLK ) THE SOUTHOLD TOWN HALL, MAIN ROAD. SOUTH- OLD, NEW YORK, ON WED- Ri chard Williams of Greenport, in NESDAY. ~APRIL 29~ I987 ON THE FOLLOV~G APPLICA- said County, being duly sworn, says that ho/she is TIONS FOR PERMITS UNDER Principal Clerk of THE SUFFOLK TIMES, a Weekly ~ PROVISIONS OF THE WETLAt~D ORDINANCE OF Newspaper, published at Greenport, in the Town THETOWNOFSOUTHOLD. of Southold, County of Suffolk and State of New 7:30 p:M.-In the matter of the application of Henry. & De- York, and that the Notice of which the annexed is borah Stas~ukiewicz to fill with 150 cm yds. of fill to 8 printed copy, has been regularly published in tevel depression on proper~y said Newspaper once each week for t located on C~ses Lane Exten- sion, Cutchogue. weeks successively, commencing on the 16 th 7:32 P.M.-In the matter of Cos- day of ADri 1 19 87 Corp. on behalf of Helen Re]- · terlOriginal Barge to install 1314' lin- ft. of retaining wall approximately 5' landward of meadow fringe, expand exist- ing float to 110'. install a 16' Principal Clerk ramp and a 6'x40' float. Run j/_ _ of retaining1314' x 12' catwalk landward Swo'~rn wall and fill with tO bare'Fa me this 4.000 Ch. yds. of trucked in day,of (/Z~/~C'?~' 19(~ ~R¥ g._D~.~bl iNC~l~'0~g fi'l. Property is located on ~U~/~.~7 ~ Main Road. Southold. , N0~hR un~ No, ~ - ~ sutlol~ Co a 7:34 P.M.-In the matter of the ]etm £~O~res ~ebtu application ~' the Land Use Company -on behalf of An- / - ~ / :42 P.M.-In the matter of the thony Gambino ;o construct application of the Land Use a 30' x 50' single family Company on behalf of Jerry dwelling plus attached decks - Bady to install 3 mooring a minimum of 60' landward piles and ~o maintenance of high marsh. To install a dredge a 20' x 45' area to 6' sanitary system a mm]mum a~ MLW with approximately of 100' landward of high 88 cu. yds. of resultant spoil marsh and install a well. to be disposed of at a suitable PreperLyislocatoionLupmn upland site. Property is lo- PointRoad, offofMarratoaka cared at 1775 Calves Neck Road. Mattituck. Road, Southold. ............... ~-~:'~-~-~ 7:44 P.M.-In the matter of the [ applicatibn of the Land Use 7:36 P.M.-In the matter of the ~ompany on behalf of Will- mm Horstmann to resheath application of En-Consul- /:40 ~'-M.-tn the matter of the approkimatley 164' of timber rants. Ine. on behalf of the application of Eh-Consul. Cleaves Point Village Condo ~ants, Inc. on behalf&Louis bulkhead and to extend the Association to construct Sufich to construct a timber re~urn located at the east end 670-+ lin. ff. of low profile dock co - - ' ...................... timber retaining wall with fixed elevat~n?sting°fa,4'xl00' ed (4 above 15' return on the west side marshl walk: ofthebulkheadan additional 4' x 12' 4' landward. Proper~y is side.and aTo30'backfillreturn within the400-+eas~ hinged ramp, a 6' x 20' float cated on Little Peconic Bay secured by (2 ', - cu. yds. of fill to be trucked PU]n~"'~. 10 dmmeter. Road, Southold. ~r~B~ ~operty is ]oca~ed 7:46 P.M.-In the matter of the in from an upland source, daters Road, Cutch- ~roperty is located on Ship- ogue. application of Daniel & Irene yard Lane. Greenpor~. McKasry to construct a pri- 7:38 P.M.-In the ma~ter of the vate dock 70' x 4', Property m, application of William H. located at 13220 Main Road, Lieblein. Pres./Port of Egypt East Marion. Enterprmes. Inc. to place two ALL PERSONS IN- floating timber docks (I) 5' x TERESTED IN SAID MATTER t00' with (8) 3' x 20' finger SHOULD APPEAR AT THE docks, and t2) 5' x 60' docks TIME AND PLACE ABOVE with (5) 3' x 20' finger docks. SPECIFIED AND WILL BE Property is lecated on Main GIVEN AN OPPORTUNITy TO Road. Southol~ ....... BE HEARD. COMMENTS MAY BE SUBMIqTrED IN WRITING PRIOR TO THE DATE OF THE HEARING. Henry P. Smith, Presiden~ Board of Town Trustees Date: April 2, 1987 NOTICE OF HEARING ON THE WETLAND ~APPLICATIONS NOTICE IS HEREBY GIV- COUNTY OF SL FFOLK ss: EN THAT PUBLIC HEAR- STATE OF NEW YORK INGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN Patricia Wood, be ng duy sworn, says that she is the HALL, MAIN ROAD, SOUTHOLD, NEW YORK, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ON WEDNESDAY, APRIL29. a public newspaper printed at Southold, in Suffolk County; 1987. ON THE FOLLOWING andthat the notice of which the annexed is a printed copy, APPLICATIONS FOR PER- MITS UNDER THE PROVI- has been published in said Long Island Traveler-Watchman SIONS OF THE WETLAND once each week for ..................... .~.... weeks ORDINANCE OF THE TOWN OF SOUTHOLD. ~...~.. .7:30 P.M.- In the matter of the successive] y, commencing on the ................ application of Henry & with 150 cu. yds,of fill to level d depression on property located ' on Cases Lane Extension, "-' Cutchogu~ ...... 7:32 P.M.- In the matter of the application of Costello Marine Contracting Corp. on behalf of Helen Reiter/Original Barge to /d/ ~ install 1314 lin. ft. of reraimng Sworn to before me this ~ / day of wall approximately 5 ' landward .................... of meadow fringe, exparrd ex- ,,~.~.5~ isting float to 1t0 ', install a 16' · .............. 1 9 6~ '~ ramp and a 6 ' X 40 ' float. Run 1314' X 12' catwalk landward of retaining wall and fill with 4~000 cu. yds of trucked in fill, 7:40 P.M.- In the matter of ,g.--~.'~ . ."'~...~.d~..'.'.~.. Property is located on Main the application of En-Con- Road, Southold. sultants, Inc. on behalf of ............. 7:34 P.M.- In thematter of the Louis Sulich to construct a Notary Public application of the Land Use timber dock consisting of a 4' Company on behalf of Anthony X 100' fixed elevated 14' above BARBARA FORBES Gambino to construct a 30' X marsh) walk; a 4' X 12' hinged xNotary Public, Stal, e 0/5 New York 50' single family dwelling plus ramp, a 6' X 20' float secured No. 4806846 attached decks a minimum of by (2)10" diameter pilings. Pro- quali£ied in Suffolk goanty 60' landward of high marsh. To perry is located on Broadwaters Commlss/on Expires ~q~)~ ~/ 19 install a sanitary system a Road. Cutchogue. minimum of 100' landward of 7:42 P.M.- In the matter of the high marsh and install a well. application of The Land Use Property is located on Lupton Company on behalf of Jerry [ Point Road, off of Marratooka Bady to install 3 mooring piles Road, Mattituck. and to maintenance dredge a 20' 7:36 P.M.-In thematter of the X 45' area ro 6' at MLW with ALL PERSONS IN- application of En-Consultants. approximately 88 cu. yds. of TERESTED IN SAID MAT- Inc. on behalf of the Cleaves resultanrspoiltobedisposedof TERS SHOULD APPEAR AT Point Village Condo Associa- at a suitable upland site. Proper- rilE TIME AND PLACE tion to construct 607_+ lin. ft. of ty is located at 1775 Calves Neck ABOVE SPECIFIED AND low profile timber retaining wall Road, Southold. WILL BE GIVEN AN OP- with 15' return on the west side 7:44 P.M.- In the matter of the PORTUNITY TO BE HEARD. and a 30' return on theeast side. application of the Land Use COMMENTS MAY BE SUB- To backfill with 400_~ cu. yds. Company on behalf of William MITTED iN WRITING of fill to be trucked in from an Horstmann to resheath approx- PRIOR TO THE DATE OF upland source. Property is imately 164'of timber bulkhead FHE HEARING. located on Shipyard Lane, and to extend the returnlocated Henry P. Smith, Greenport. at the east end of the bulkhead President 7:38 P.M.- In the matter of the an additional 4' andward Pro- Board of Town 'E'ustees application of William H. perry islocated on Little Peconic Date: April 2, 1987 Lieblein. Pres./Port of Egypt Bay Road. Southold. 2T-4/9, 4/16/87(71) Enterprises, Inc. to place two 7:46 P,M. tn the matter of the floating timber docks ID 5' X application of Daniel & Irene 100' with (8) 3' X 20' finger McKasty to construct a private docks, and (2)5' X 60' docks dock 70' X 4'. Property is with 15i 3' X 20' finger docks, located at 13220 Main Road, Property is located on Main - East Marion. Road, Southold. N. COUNTRY RD. · BOX WADING RIVER. N.Y. (5~6) 9~9-3575 July 28, 1987 Southeld Town Trustees Town Hall 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Mr. Henry P. Smith Re: Permit No. 397 - Anthony Gambino Dear Mr. Smith: Enclosed please find one copy of the approval to construct issued by the SaC.D.H.S. Kindly amend the Town permit to ~eflect said samitary location. Very Truly Yours, ~ha~les W. Bowman CWB/te Enclosure BOARD OF TOWX TRVSTEES Tow.~ o~, ~nthola, N. ~ BOARD OF TOWN ~ Casi~ ~ ~ Check ~ ! APPLICATIONS k ~ :" NOTICE IS HEREBY GIVEN THAT PUBLIC HEARLNC~ STATE OF NEW YORK ) WILL -BE HELD' BY THE' ) SS: TOWN -TRUSTEES OF THE TOWN 'OF: SOUTHOLD AT COUNTY OF SUFFOLK ) THE '-soUTHoLD TOWN HALL, MAIN ROAD. SOUTH- OI~E, NEW YORK. ON WED- R±chard W± 1 1±ams of Greenport, in NESDAY,~APRIL 29, 1987 ON r~: ] THE FOLLOWING ApPLIC~: ~ ~l said County, being duly sworn, says that he/she is TIONS FOR PERi~t3TS UNDER Principal Clerk of THE SUFFOLK TIMES, a Weekly THE PROVISIONS OF THE WETLAND ORDrNANCE OF · Newspaper, published at Greenport, in the Town THETOWN OFSOU~HOLD.7:30 P.M.-In the matter of the' ;!i of Southold, County of Suffolk and State of New application of Henry & De- York, and that the Notice of which the annexed is borah Stasinkiewicz tO fill with I50 cu. yds. of fill to a printed copy, has been regularly published in leveI depressmn on proper~y said News paper once each week for located on Cases Lane Exten- sio~,Cutchogue. ~ weeks successively, commencing on the ~-6 7:32 P.M.-In ~he teatter of Co~- day of ~P r ± 1 19 ~ 7 tello Marine Contracting Let/Original Barge to install. 1314' lin. f~. of reta~inng wall: approximat ely 5'. landward ~: * meadow fringe, expand ex~st- ~ ink float ~o ~0', install a 16' !~ Principal Clerk r~m,p, and a 6'x40~ float. Rub ~ ///~ of retairdng wall and fill with Sworn to before me t~is~_ 4,0g0 cu. yds~ of trucked in da pf ~ ~9 ~¥ ~ 0~1/~! Company-on behalf of An- 7:42 P.M.-In the matter of the thony Gambino to consrruc~ application of the Land Use a 30' x 50' single family Company on behalf of gerry ~ dwelling plus attached decks ~ Bady to install' 3 moorin~;~ a minimum of 60' landward piles and ~o maintenance o£ high marsh. To install a dredge a 20' x 45! area to 6' s~nitary sy~em a minimum at MLW with approximately of 100" landward of high 88 cu. yds. ofresultan~ spoil marsh and install a well. ~ ~o be disposed of ara suitable Property is located'on Lupton '1 upland site. Proper~y is lo- PointRoad, offofMarrateoka' card a~ 1775 Calves Neck Road. Mattituck. Road Southold. ,: 7:44 P.M.-In she mat~er of the appIicat/bn of the Land Use 7:36 P.M.-In the ma~er of the ; Company on behalf of Will- ,ants. Inc. on behalf of the approximatiey 64 of t~rnber Cleaves Point Village Condo application of Eh-Consul. bulkhead ~nd to extend the rants, Inc. on behalf of Louis and a 30' return on the east * ' x4;O,Xflola2t, - ~/na~e~' raWmapl,k,a; 4' ,sndward. Property s lo- - . ~Ro_~d..~So_uthold. BE HEARD. COMMENTS MAY NOTICE OF HEARING r'~% ON THE WETLAND ~._~- APPLICATIONS NOTICE IS HEREBY Gi¥- COUNTY OF SUFFOLK EN THAT PUBLIC HEAR- STATE OF NEW YORK INGS WILL BF~ HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN Patricia Wood, being duly sworn, says that she is the HALL, MAIN ROAD, SOUTHOLD, NEW YORK, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ON WEDNESDA'/, APRIL 29, a public newspaper printed at Southold, in Suffolk County; 1987, ON THE FOLLOWING and that the notice of which the annexed is a printed copy, · APPLICATIONS FOR PER- MITS UNDER THE PROVI- has been published in said Long island Traveler-Watchman SIONS OF THE WETLAND once each week for ..................... ~ .... weeks ORDINANCE OF THE TOWN OF SOUTHOLD. ~....~. :?:30 P.M.- In the matter of the successively, commencing on the ................. application o~' Henry & ~ith'lS0 cu; yds,of fill to level day ........ , 1 9 . C'~ ' depression on property'located - ' ! '7:32 P.M.- In tlie'~na~ter Of the application of Coste 1o Marine Contracting Corp. on behalf of ~_~ Helen Reiter/Original Barge to install 1314 lin. ft. of retaining Sworn to before me this ......... - ............ oa~ of wall approximately 5 ' landward of meadow fringe, expand ex- 5 7 isting float to 110',install a 16 ' ...................... --// ramp and a 6 ' X 40 ' float. Run 1314' X 12' catwalk landward of retaining wall and fill with 4,000 cu. yds of trucked in fill 7:40 P.M.- In the matter of Property is located on Main the application of En-Con- ~ ~ Road, Southold. sultants, Inc. on behalf of . .~..~.., .................. .~.~'~...2-~... 7:34P. M.-lnthematterofthe Louis Sulich to construct a Notary Public application of the Land Use timber dock consisting of a 4' Company on behalf of Anthony 100 fixed elevated (4' above BARBARA FORBES Gambino to construct a 30 X marsh) walk; a 4' X 12' hinged Notary Public, State of New York 50' single family dwelling plus ramp, a 6' X 20' float secured No. 480{5846 attached decks a minimum of by (21 10" diameter pilings. Pro- Qualified in Suffolk Comn~y 60' landward of high marsh. To perry is located oa Broadwaters Commission Expires ~ .~-c~ install a sanitary system a Road, Cutchogue. minimum of 100' landward of 7:42 RM.-In the matter of the high marsh and install a well. application of The Land Use Property is located on Lupton Company on behalf of Jerry Point Road, off of Marratooka Bady to install 3 mooring piles Road, Mattituck. and to maintenance dredge a 20' 7:36P. M.- In thematter of the X 45' area to 6' at MLW~ with AL/ PERSONS IN- approximately 88 cu. yds. of TERESTED IN SAID MAT- application of En-Consultants, resulthnt spoil to be dist~osed of TERS SHOULD APPEAR AT Inc. on behalf of the Cleaves Point Village Condo Associa- at a suitable upland site. Proper_ THE TIME AND PLACE tion to construct 607- lin. ft. of tyis located at 1775 Calves Neck ABOVE SPECIFIED AND low profile timber retaining wall Road. Southold. WILL BE GIVEN AN OP- with 15' return on the west side 7:44 P.M -lri the matter of the PORTUNITY TO BE HEARD. and a 30' return on the east side application of the Land Use COMMENTS MAY BE SUB- To backfill with 400_+ cu. yds. CompanyonbehaifofWilliam - MITTED IN WRITING of fill to be trucked in from an Horstmann to resheath approx- PRIOR TO THE DATE OF upland source. Property is imately I64' of timber bulkhead THE HEARING. located on Shipyard Lane, and to extend the return located Henry P. Smith, Greenport. at the east end of the bulkhead President 7:38 P.M.- In the matter of the an additional 4' landward. Pro- Board of Town ~Ikustees application of William H. perry islocated on LittlePeconic Date: April 2. t987 Bay Road. Southold. 2T-4/9, 4/16/87(71) Lieblein. Pres./Port of Egypt 7:46 P.M. In the matter of the Enterprises, Inc. to place two floatin8 timber docks (1) 5' X application of Daniel &lrene 100' with (8) 3' X 20' finger McKasty to construct a private docks, and (2)5' X 60' docks dock 70' X 4'. Property is with (5) 3'X20' ringer docks, located at 13220 Main Road, Property is located on Main East Marion. Road_ Southold. WICK. HAM, WlCKHAM & BRE$$LER, MAIN ROAg, P.O. ~OX 14~4 MATTITUCK. LONG ISLAND September 2, 1988 Board of Town Trustees Town of Sou~thoid Town Hall Main Road Southold, NY 11971 Attn: Frank A. Kujawski, Jr. Re: Anthony Gambino - 1000-115-11-10 Dear Mr. Kujawski: Enclosed please find our check in the amount of $25.00 to satisfy fee for waiver of Wetland Ordinance in the above referenced matter. :' V~ry truly/y~ours,. / D~R~mtb Encl~ BOARD OF TOWN' TRUSTEES TOWN OF SOU3~OLD ~o~ ~ ~o~ r~o.~ Cash ~ Ch W~CKHAM, WlCKHAM ~ BRESSLER. ~.c. ' MAIN ROAD P.O. BOX ~4 ~ .................... MATT TUC~ LONG ISLAND NEW YORK July 14, 1988 Board of Trustees Town of Southold 53Q95 Main Road P,O. Box 728 Southold, NY 11971 Re: Application for Waiver: Anthony Gambino Tax MaD No.: 1000-115-11-10 Dear Trustees: This is to request a waiver pursuant to Section 97-20 B of the Code of the Town of Southold from the permit requirement with respect to Anthony Gambino's plan to install two 4'(high) by 8'(width) dry wells on his property at Lupton's Point. The dry wells are to be located approximately as indicated on the enclosed survey. The location will be staked for your inspection. A copy of the Southold Town Board of Appeals decision dated September 16, 1987 with respect to this property is enclosed herewith. Resolution number 2 requires runoff from gutters to be contained which is what the requested waiver would allow. ~ruly yo~/, ? di - DCR:mtb Encl: cc: Mr. Anthony Gambino So hold Town Board of Appea MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11~71 TELEPHONE {516) 765-18~ ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3672 Application Dated September ]6, ]987 TO: [Appellant(s)] Eric J. Bressler, Esq. as Attorne~ for Mr. Anthony Gambino Main Road, Box 1424 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on December 10, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-ll9.2 [ ] Request for Application of ANTHONY GAMBIN0. Variance to the Zoning Ordinance, Article XI, Section ]00-]]9.2 for approval of the construction of new dwelling with an ~nsufficient setback from nearest wetlands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. lO00-115-11-10. WHEREAS, a public hearing was held and concluded on November 10, 1987 in the Matter of the Application of ANTHONY GAMBINO under Appl. No. 2672; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the 'A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block ll, Lot 10. 2. The subject premises c~at~ins a total area of 19,200 sq. ft. with 120 ft. frontage along the south side of a private road known as "Lupton Point Road," and fronting along Deep Hole Creek. 3. The subject premises is improved with a concrete founda- tion as shown on the December 22, 1981 survey, amended October 22, 1987, prepared by Roderick VanTuyl, P.C. depicting the following setbacks: (a) 35 feet from the front property line, (b) 10.2 feet from the westerly (side) property line, (c) 93± feet from the ordinary highwater line at the most southerly end, (d) 60 feet from its nearest point along the easterly ordinary highwater mark. (CONTINUED ON PAGE TWO) DATED~ December ]0, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) ~age 2 Appl. No. 3672 Matter of ANTHONY GAMBINO :Decision Rendered December 10, 1987 4. Appellant by this application requests a Variance from the Provisions of Article XI, Section lO0-119.2{B} for approval~of an insufficient setback from the ordinary high- water mark at 65 feet from the southeast corner and at 60 feet from the northeast corner of a concrete dwelling founda- tion, as more particularly shown on the October 22, 1987 Amended Survey prepared by Roderick VanTuyl, P.C. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75} feet from ~he ordinary highwater mark of such tidal water body, or no~ less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The following additional information is noted for 'the record: {a) On May ll, 1987, a Wetland Permit under the Provisions of Chapter 97 was issued by the Southold Town Trustees with conditions; {b} On or aboui June 18, 1987, a Determination was rendered by the Suffolk County Board of Review under the rules pertaining to the Suffolk County Health Department; (c) On or about July 13, 1987 the Southold Town Bay Constable issued a Stop Work Notice concerning the Town Trustees Wetland Permit; {d) On or about July 21, 1987, the Suffolk County Department of Health signed the survey confirming approval(s) under their jurisdiction; {e} On or about August 18, 1987, an application was submitted to the Building Department for a Building Permit, and a Building Permit was issued by the Building Department under No. 16340Z for the construction of a new single-family dwelling structure as shown by survey amended lastly May 29, 1984 prepared by Roderick VanTuyl, P.C. and separate construction plans submitted therewith; (f) On September 3, 1987, this Board was notified and requested to review the subject Building Permit and necessity of a variance under the Provisions of Article XI, Section 100-119.2 of the Zoning Code [see letter dated September 3, 1987] from the owners abutting the subject premises along the west side; (g) On September 4, 1987, this office delivered a memorandum to the Building Department urging their immediate inspection and other reviews or actions necessary concerning this,pending building permit and the zoning code; (h) On September 4, 1987, a Stop Work Order Notice (referred to as "red tag") was delivered to the co-owner of the premises, Mr. Gambino, which read as follows: ~ Page 3 - Appl. No. 3672 Matter of ANTHONY GAMBINO Decision RendereU December 10, 1987 ...NOTICE Stop Work. There appears to exist a violation of zoning, Chapt. 100 on these premises, Article XIV, Section 100-143. Please contact Building Inspector By AT ONCE regarding this matter. Architects, builders and owners are each responsible under law. Building Inspector's Office Town of Southold .... (i) On September 4, 1987, the applicant obtained the necessary variance forms; (j) The Building Department file indicates that forms for the foundation were in place but concrete was not poured; (k) On or about September ll, 1987 a second Stop Work Order was issued and the foundation has been poured; (1) On September 14, 1987, a written Order to Remeoy Violation was issued; (m) On September 16, 1987, this variance application was filed with this office. 7. At the November 10, 1987 public hearing, an Affidavit and an Affirmation in Opposition were filed questioning the following areas: (a) Section lO0-10 of the Zoning Code pertaining to nonconforming uses. Upon information and belief, this premises is to be utilized as a single-family dwelling. A single-family dwelling is a permitted use in this Zone District. If evidence is found to the contrary, a separate application should be filed in order to evaluate this position as required by law, after public hearing, et cetera. This application pertains to setbacks under Section 100-119.2. (b) Section lO0-31(A) of the Zoning Code pertain- ing to lot size. Upon information and belief, this premises is a substandard lot containing 19,200± sq. ft. in area, which does not conform with today's lot size requirement of 80,000 sq. ft. Town records show that the neighboring premises to the west (now of Esquirol) was conveyed by Deed at Liber 6925 cp 354 on April 6, 1971 and that the subject premises (Gambino) was conveyed by Deed at Liber 6388 cp 08 on July 23, 1968 to Burton and Anne Mason; that on May 19, 1974 Burton E. Mason had died testate, and that on October 16, 1984, the Gambinos acquired same from Anne Mason. Since both parcels were separated prior to the enactment of the minimum 40,000 sq. ft. requirement (November 1971), and during the period of the t2,500 minimum sq. ft. requirement, this Board cannot acknowledge improprieties without sufficient evidence. (c) With reference to the,statements concerning the N.Y.S. Department of Environmental Conservation, or 'Page ~ Appl. No. 3~72 '~ Matter of ANTHONY GAMBINO Decision Rendered December 10, 1987 other agencies requiring Wetland Permits, this Beard is without authority thereunder. 8. This is an application for an area variance where the standard is whether strict compliance with the zoning ordinance will result in "practical difficulties." Although the Courts have not defined the term "practical dificulties," in the Case of Wachsberger v. Michaelis, 19 Misc. 2d 909, the Court said that the following matters should be considered: {1} how substantial the variance is in relation to the requirement; (2) the effect, if the variance is allowed, of the inc?ased populgtion density thus produced on governmental facilities; (3) ~hether a substantial change will be produced in the character of the neighborhood or substantial detriment to adjoining properties; (4) whether the difficulty can be obviated by some method, feasible for the appellant to pursue, other than a variance; (5} whether in view of the manner in which the difficulty arose and in consideration of the above factors, the inter- ests of justice will be served by alTowing the variance. 9. In applying the above considerations to the facts in this case, the Board finds: (a) that the variance requested is not substantial in relation to the require- ment, being a variance of approximately 20 percent, or 15 feet; {b) that there will not be an increase ~n popu- lation density by this variance and accordingly there will be no undue burden on available governmental facilities; (c} that the grant of this variance will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties; {d) the alternative available to appellant to variance would be to remove the structure which exists, reduce the size of the dwelling structure, and apply for a building permit with setbacks in compliance with the zoning regulations--it is true that the difficulties are self-created; however, it it also true that the Stop Work Order(s), as issued, did not comply with the procedures stipulated under Article XIV, Section 100-143 of the Zoning Code; {e) in view of the manner in which the difficulties arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance. Additionally, it is noted that (1} the circumstances of the property are unique; {2) the relief requested is not out of character with the immediate area since there are similarly established setbacks from the ordinary highwater mark; (3) significant economic injury would result if the variance is not allowed, particularly due to the manner of these events. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance from the Provisions of Section lO0-?19~ of the Zoning Code, in the Matter of the Application of ANTHONY GAMBiNO unoer Appl. No. 3672 for a reduction of the setbacks from the ordinary highwater mark as shown on the Survey prepared by Roderick VanTuyl, P.C. lastly dated October 22, 1987, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance of land within 55 feet ~age 5 - Appl. No. 3672 Matter of ANTHONY GAMBINO Decision Rendered De~ember 10, 1987 of the ordinary highwater mark (during or after construc- tion), except as may be required by other enforcing agencies to remedy any pending violation; 2. There be no surface water runoff into the creek areas; all water runoff !including runoff from gutters, etc.) shall be contained in storm drains or similar basins where necessary (and more specifically the east and south sides)- 3. If it is determined by the Building Inspector that construction does not comply with Chapter 46-Flood Plain Management Law of the Town of Southold, the property owner will be required to comply before further construc- tion takes place; 4. Proper application and issuance pursuant to law of a Building Permit for the structure as considered herein (which appears to be different from the survey/plans sub- mitted under Building Permit #16340Z); 5. No further protrusion/reduction into the side or rearyard areas to include all ground or below-ground level construction; 6. No further reduction toward the ordinary high- water mark which wo~ld be seaward of the house and within 75 feet thereof (which will necessitate further reviews by this Board). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. PLEASE NOTE ,, ,'. i.s th.e applicant's responsibili a~ntam adcqt~clo $~iI:~ry di~t ~sposal facilities. ~A~ o~- ~o~7-~/ RODERIC~VANTUY ,P.C. /-,:. ~,' ...... LICENSED LAND SURVEYORS 'GREENRORT NEW YORK SUFFOLK CO HEALTH D£PT APPROVAL H $ NO. "'J--;?O O~ STATEMENT OFINTENT WATER SUPPLY AND SEWAGE DISPOSAL' ~YSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT HEALTH SERVICES. :ANT SUFFOLK BEeT OF HEALTH SERViCES--FO. ^*..ov^~. OF CO~STRU o. ~ ~ DATE C~N~t ~7 APPROVED ~ - SUFFOLK CO TAX MAP DESIGNATION: DIST, SECT, BLOCK eCL OWNERS ADDRESS; DEED:L. ~i~43'~ p. ~' TEST HOLE STAMP SEAL