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HomeMy WebLinkAboutGAMBINO, ANTHONYBOARD: .OF TOWN TRUSTEES TOWN OF SOUTHOLD. Town Hall, 5.3095"Main Road P.O. Box. 728 Sou'thoM; New York ! i971 AUgust ' 2:6, 198'8 TELEPHONE (5t6) 765-1892 Mr. Daniel c. Ross ..... · '. Wickham," Wickham & Brassler', P.C. Main. Road, P...O.t 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 Southotd 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 o~ 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. BOARD TOWN OFSOUTHOLD O.F SOUTHOLD.TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No .... ~,,3~?,.,7,,,,~?r. has.been gra, n~d by the ~To.w.n T~ustees according to information fu.~nishe~ in'App.[ication. No ..... ~ ........~, file~.by ADDI[: t La~& Use for Gambino on Jan. 4, 87 ' ' .............................. 19 .......... A map of the p~osed work ~HI b~ kept on file ~nthe TrUstee Office underthe application numbergiv~.n. . Permit granted'to do the follo.wing'work To construct a s~le 'f, ami~ ~welli~ ~lus Location of proper~ on: which work to be done Lupron Poin~ Romd, Mattituck, Creek, Bay or Harbor frontirig property Dee~,, ]-]ole Creek ' , ....................... Size of work: Length ...... ,5,,0,;-i,1,~ ........................................................................................ i .................. ' Width ...... ,3.?.: ............................................................................................................... ~-~ Height Above High Water ..... ,~.../,.a ................................................................................. Deoth 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 ......... ?,,e,,,s,~.,d,,e,,~.,t,,~.,~,~ .......................................................................................... Conditions if any ~.~'e'£'e'~'s~t~'~'~b''e'~?~`t''u'5.b.~c..e~.t~.~e'~'e~9~T~?~P`~~ 50' f~he high marsh/intertidal mar~h. Expiration Date ~`A~?~`~1`~2~9~`~1~9~8~`8~1~°`~E~a~s`~n~°`~q~°"~m~5~~[¢~ ........................ · Two the ~us~:ee~ a~e ~o be ~o~:i£ied I 'o~ o~ Number of I nspections Required ......................................................................... ~.~.~.~..~.g~...~.~.% ........... t:he work. Inspection Fees ........ ~. ,1.0...,, .0..0.. ~j.1..d. ........................................................................................................ Liability Policies in the Amount of ......................................................................................................... The validity of this permit i$ or may be subject to the approval of other governmental or municipal authorities. The Town acceots no responsibility in applying for or obtaining such approval. In the even[ that such approval is necessary, the holder of this Detroit shall not commence operations here- under until ~uch approval has been obtained in writing. The failure ~o obtain such other approval when recuired shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees- of wri[~en notice from such other governmental or municipal suthorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permi.t, and shall take all precautions for the prevention of injuries to persons and property resultincj from such operations. By such acceptance, the app-iicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and ali acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, dc, 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 town. D. Adversely affect fish, shellfish or other beneficial marine.organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danc..-r 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 wa~ers. H. Weaken or undermine the lateral support of other lands in the vicinity, [. Otherwise adversely affect the health, safety and general welfare of the people of the town. President Board of Southold Town Trustees ...... ................. Date FAK:ip cc: Board of'.Appeals Bldg. Dept~ .- Anthony Gambino file Very-'truly~ours,~ . ~rank A.'K~'awski, Jr. President Board of Trustees P]ea.se be advised that there is a $25.00 fee for this .waiver at this time. HENRY P. SMITH, President · JOHN. ltl. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI,. JR. ELLEN' M'. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOI. YrHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New' York 11971 August 31, 1987 TELEPHONE (5 i6) 755-1892 Mr. Charles~W. Bowman Land Use Company North Country 'Road Box 361 ---- Wadin§ 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 jurisdict'ioh'; Very truly yours, Henry P. ~Smith, President Board of Town Trustees H PS :ip HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLiP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M: LARSEN BOARD OF TOWN TRUSTEES TOWN OF SO1JTHOLD Town'Hatl, 53095 Main Road P.O. Box 728 Southold, New York 11971 April. 30, 1987 TELEPHONE (516) 765-1892 Mr. Glenn Just Land Use Company Route 25A Box 2521. Wading River, New York 1'1792 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 Southoid 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 ali interested persons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this. application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Anthony Gambino BE AND HEREBY IS GRANT' PE~IS'SION UNDER THE PROVISIONS OF THE W~TLAND ORDINAECE OF THE TOWN OF SOUTHOLD TO: Construct a 30' x 507 single family dwelling plus attached decks a minimum of 60' landward of high marsh. Ins'tall a sanitary system a minimum of 100' lan'dward 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 Marratooka 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 amount as shall be fixed by the TruStees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for' any other department or agency which may also have an application pending' for the same or similar project. PLEASE RETURN TO THE BUILDING DEPT. FOR A~DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Please remit $t0.00 for Wet.land Inspection Fees. Upon remittance your permit will be forwarded by mail'. Very truly yours, , 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 o~Appeals File J BOARD OF TOWN: TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 27, 1987 TELEPHONE (516) 765-189~ Mr. Glenn Just Land Use Company Route 25 A Box 252t 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 Envirommental 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD · ' ·Town Hail, 53095 Main Road P.O. Box 728 S0uthold, New York 1.1971 TELEPHONE (516) 765q892 February 1i, 1987 Mr. Martin Garrell, Chairman Southold Town Conservation Advisory .Council So. uthold Town Hall Southotd, New York 11971 Dear Pkr. Garrell: Transmitted herewith is application no. 502 for a Wetland i~ermit submitted by Land Use Company on behalf of Anthony Gamb ino. Please prepare a written report of findings and recommendations with respect to this application. very truly yours,. Henry P. Smith., Presiden% Board of Town Trustees Ilene Pfifferling Secretary to Board Attachment BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 11, 1987 TELEPHONE (516) 765-1892 Mr. Robert A. Greene '~ Alternate Regional Permit Administrator 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 byMarch 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:. ~nt, hony' Gambino - Land'Use Company 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 the Land Use Company on behalf of Anthony Gambino for a Wetland Permit on certain property located on Lupton Point Road, Mattituck. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 t971 NOTICE OF NEED FOR PEP2{IT December 22, 1986 Mr'. Anthony Gambino Deep Hole Drive Mattituck, New York Re: T000-t15-.li-10 11952 RE: House Construction Dear Mr. Gambino: A review has been made of this Parcel xxxxxxxxXXproposal to': Construct a single family r-~danca, and sanitary system and wall. Location: Daep Hole Cr-~k, Mattitu~k 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 is an application form (directions alsO). To avoid delays, be sure all specified information in included applicable to the type Of activity, complete and Submit ~11 forms with plans'. Board of Town Trustees President Henry P. Smith HPS: ip Attachments HENRY P, SIIIITH, President JOHN III. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOLq'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New '~ork t 1971 TELEPHOIxYE (516) 765-1892 Date: February 1i, 1987 To Whom It May Concern': Attached hereto is a Short En.vironmental Assessment Form submitted by the Land Use Company on behalf of Anthony Gambino in connection with his application for a wetland permit to construct a 30' x~ 50' single family dwelling plus attached decks a minimum of 60' landward of high marsh. Install sanitary system a minimum of 100' landward o'f high marsh and install a well. There shall be no disturbance to the vegetation or topography within 50T of the high marsh/intertidal ma.rsh. Property is located on Lupron Point Road, off of Marrat'ooka Road~ck. Board of Town Trustees Posted: Feb. 11, 1987 BOARD OF: "TO~N TRUSTEES TO~2N ,OF. SOUT~IOLD SHORT .ENVIR.ON[VlEFITAL ASSESS'EiENT FORM 4." Is proposed .action: · :~] NeW, [] Expansien ' [] Modification/alteration P ~ L w ~L e 'R ez~ ~.d'en e'e 5. Describe project briefly:, Pie~,~_e ~ee crt. fac~ted 6. Erec~se location (toad intersections, prominent tandmarks, etc. or provide map] (m~p. encdoa~dJ S.C.'~.~', ri'o; /000-//$-~1-/0 7. Amount o[ land affected; Imtially acres Ultimately (} 8. WiLl propose0 ac~on comply with:.existing zoning or other existing land 'use restrictions? [] Yes [] -No If No, describe briefly 9. What is present la~d use ~n vicimt¥ of project~. [] Residential [] Industrial [] Commercial Describe: [] A~dculture [] Parkland/up.eh space [] Other 10. Does action involve a permR/approval, o~ funding, now or uJtimateiy, from any other governmental agency (Federal, state or '~ Yes ~[] N,o , .If ]les, [ist agent,s}And pe'rmit/,appr.~vA]s S.C,~,~,3. Rp~iccatLon'~o. /4-3g-06 - ~ndLn~ ~. y. S. D, ~. C. -/Ldad ~etfanda Pe~mLt No.. /OzP2.-O/~8 - [aa'ue.d . ', ?'), :'7'. 11 · Does any aspect of the action have a cu'rrentl.y vaJld permit, or approval? J~ Yes [] No If yes, list ~gencv name and permit,/approva[ type N..,q. S. 13. E.C. '[Ldczi ~tetlanda PerraLt No. /0-$2-014P - la~ued 12. A's result of proposed action w'iil.ex~stlng permit/approval require modification? E~ Yes [~] No · A. ppJtcao tJsoO,qSor Signature: CERTIFY THAT THE INFORMATION PROVIDED ABOVE [$ TRUE TO THE BEST OF MY KNOWLEDGE ..... GLenn E. equat for Fintkonbt qarnbLno .rote: ,t/c]/~:7L'. Environmental Assessment (To be completetJ b~/Agency) PART II A. Does action exceed any Type I threshold 'in 6 NYCRR, P~rt 617.127 If yes, coord~na£e the review p~ocess and use'the FULL/LONG FORM EAF. J~ Ye, ' [--] No ' B. Will action receive coordinated review as provided for UntistedtAct!qns in 6 N¥CRR; part 61~i..7[ If No, a negative declaration may. be superceded; by another involved action. [] Ve~ [] N0 C. Could ac~.ion result in ANY adv~erse effects on, to, or arising from the foflowing: (Answers may be handwritten, if tegib'le) Cl, Existing air quality, surface or groundwater quality or quantity, noise revels, existing traffic patterns, solid waste production or disP0Sai, potential for erosion, drainage or flooding problems? Explain briefly: C2. Historic,.archeological, visual or aesthetic, or other natural'or cultural r'esources; agricultural district_t; 0r community or neighborhood ch~raFter? £xp[ain brief C3. Vegetation .or fauna, movement of fish or wildlife spec[e~, sig,ificant habitats, or threatened or endangered species~' Explain brief[y:. C4. A community's existing plans or goals as officially adopted, or a change in..use or [ntensity~of use of Land or:other natural resources? ExpJa' n briefly.. CS. Growth, subsequent development, or related 'aF[Jvit[ps .ill, ely t~ be induced by the proposed action? ExpJain b~!efly. C6. Secondary, cumulative, or other effects not identified in. Cl~-~6.~ Explain: briefly. C7. A chauge in use of either quantity ot type of energy? Explain briefly. PART 111 Determination of Significance {To becompteted 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 con nection with its (a) setting (i.e, urban, or. rural); (b) probability of occurring; {c) duration; {~d) irreversibility; (e) geographic scope; and. (f) magnitude.."lf necessary, add 'attachments ,or reference suppo.rt.ing materials. Ensure that explanations contain sufficient detail to show'that all relevant ~dverse impacts have been ~dent[fied a~d adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY. occur. Titan proceed directly to the FULL/LONG FORM EAF and/or prepare a.:positive declaration. [] Check this box if you have determined, based on. the information and anatysis above and any supporting documentation, that the proposed action WILL NOT result in aqy significant adverse enviconmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Ageocy ?re'Parer's Name HENRY P. SMITH, Preside.at JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KR.UPSK!, JR. ELLEN I~I.~LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53.095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ~516~ 765-1892 p.E:Q.'R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: Ma~c.h 26, 1987 APPLICATION NO.:. 502 NAME: The Lan&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 determiDed 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 othe= department or. agency which maM also have an application pending for the same or-similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct a 30' x 50' singld 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 ~he 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 Southotd 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 NOTICE · Police "Dept.. - Bay Constable Town of Southotd Pecon±c,. New York 11958 NOTICE OF VIOLATION Date:- July ~ Anthony Gambino To': ....... '~8~5~ or authori'~.~ agest of owner3 ~ 85G D~e'p' Ho!e'Dr~ Matti~uc~ N~¥~ ~.r952 Address.: .... (AddreSs Of owner or authorized agent o'f owner) Please tame notice there exists a violation of the iCode o.f the Town 0f..Southold, Ch'aP,t.e.r 97. Art.icle~ ..at premis, eS.".hereina'fter described in thatz-~°u are not in compliance ~ith oro¥isions c.f oermit issued ~,y. Town of Southoid T~atees~ You are therefore directed and ordered to Coppl~ with the Cease ~ further .ac~zvzt~es an ~ropert~_~blish a following. ~_~=~~ ~ of .............. hay bales adjacent' ~o.'Y~g~ ~ide zone and repian~_.~O. foot buffer zone with high marsh plants° 13 on or before -day of Au~U S t , 1 9'- n?= ..... Th'e 'premises to which, this Notice of Violation refers are situated at: Lu~o.n Point ~oa~ ~.~a,,~/c!~ ~own of $Outhold', SUffolk County., 'NLY~ (Suff. County Tax Map Designation: Dist.. !0~0 Secti.on:---==~--=---Btock:-== ..... LOt:-!~ .~ Failure to comply with the ~pplicable provisions of the law may constitute an offense punishable by fine or imprison[n, ent or both. NOTICE: You have the right to apply for a hearing before' the Board '~f Trustees of the Town of .So'uthold,. prOvided that you file a written request with the Clerk of the Trustees wi~h±n 1'0 days after service' of the Notice of. Violation.. Such request shall 'have annexed there'to 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,. e~- ~ Bay Cobs:table, Town* of ..Southo~, NY BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Halt, 53095 Main Road P.O. Box 728 Southotd, New York 1 t97t TEL~PH ONE (5161 765-1892 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TO~N OF S. OUTHOL:D, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN :OF S.OUTHOLD, AND THE ISSUANCE OF P£RMI..TS PURSUANT TO CI-t~PTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. IDENTITY OF APPLICANT ~rt~.Aort~/ ~a//lbLrto PHONE NO HOM~ ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION s~z£ o~ PaoPosE~ woaK ~ee a~acfied pian~ ~IDT~ U HEIGHT A~OVE HIGH WATE~ .! , DEPTH ~£LO~ LOW YARDS TO BE EXCAVATED YARDS TO BE FILLED WIDTH OF CANAL. CREEK. OR BAY FRONTING PROPERTY . DEPTH AT LOW TIDE ..... ~___/~ AVERAGE RISE I.N TIDE .... DISTANCE TO THE NEAREST CHANNEL__~_~_.~ .......... FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PR[OJECTS IN THE IS THIS FOR PRIVATE OR BUSINESS USE? AREA ZONING MANNER IN WHICH MATt~EIAL W{LL B£ REMOVED OR[ DEPOSITED ~N'rEN~:n USE Or PROPERTY ~£wz~e ~e.4Ld~,,zce- D~SCRIBE A~Y KNOWN PRIOR OPERAT{ONS CONDUCTED ON TH£ PREM No ope,ttvLi, on~ Actve 6een ,o,zevLou~i~ conducted ~Lo rn~ /enot~Zed~e. AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO. ~RRECT STRUCTURES O" TO n~$~S OR ~E~OSIT FIlL o".SA~ P~"ISES A"D ~HET"E.R' ANY P~RMITS OR LICENSES WERE ~WR SUSPE"~S~ OR REVO~£~ ~V A ~OVE~NMEN~A~ A~ENCY #.Y.$.B.E.C. Pe~mL~ No. 10-82-0t~8 - I~ucd S.C.B.//.S. ~£2~.L~a~Lo~ #o. [ l~-SO-06__~?_e, nc~L__5_n~ DE$CEIB£ FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PR[EM~SES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF T.~ ~O~:~CT SiT~ ~r U~CSSSA~V ~o ~eAa-3LZL~a~Lon ~ouid &e n~ce~a~ wL~A proj.ec~'a~ proposed. wRITTEN cONSENT OF TI-I~ OWNER OF THE PROPERTY. IF NOT T~E SAME AS THE APPLICANT. ~cLo~OI ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD pROHIBIT THIS PROJECT? Tol Re~ula~o=y Ag~enoies Please be ad.v~sad tha~ ~he Land Usa Company has '~y pe~:m~ssion ~o apply for all pe=m~$ to ¢om. pla~a ~h~s p~oJac~. COUNTY OF' SUFFOLK ) STATE OF NEW YORK )SS: BEING DULY SW.ORN DEPOSES AND SAYS THAT H.E tS THE A~PLtCANT FOR THE ABOVE D£SCRIBED. ~£RMITS, AND THAT ALL STATEMENTS CONTAIN£D HER£IN ARE.TRUE TO TH£ B£ST OF HIS KNOWLEDGE AND BEL'IEF., THAT THE WORK WIL~ .BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION:AND AS MAY SE APPROVED BY THE TOWN BOARD OF THE TOWN'OF SOUTHOLD. THE AP~L-ICANT AGREES TO HOLD THE TO~N OF SOUTHOLD AND THE TOWN'TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND C~A.IMS ARISING UNDER OR BY VIRTUE OF SA.ID. PERMIT, IF GRANTED. i'n cg~P.leting this--appliga%io~ t hereby authorize' the .Trustees~ aqent.or r~p~osen~ag'~e ~o.."en~e'r o.n~O'my Property ~..Sn~P~c~ tho Pr'emiS~'s in Conj'Und~i°n with review ~is app'i~¢aVon.~_~ S i~N~R~ OF ApP-'~-~C~T "'~ SWORN TO BEFORE ME THIS DAY OF / NOTARY PUBL CHXI~tE~ W, BOWMAN .[qOTARY PUBUC, S;~l~ oJ' New YorJ. No..:466595~, Suffolk County EXAMINED APPROVED "WETLANDS" P~RMiT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES"' PERHiT (cHAPTER DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, ~HARVES" PERMIT (CHAPTER 32) CONDITIONS., IF ANY EX~a. MINING BODY 'SIGNATURE OF CHAIRMAN COMPUTATION OF FEES ApproVed 2/27/85 ~-" \ OREGON TUCI~ FOR ADJOINLNG ARF...A SE:F- MAP' NO. 24 PAGE Southold Town Board of Appeals MAIN ROAD- STATI~ ROAD 25 SOUTHOILD, L.I,, N.Y. 11cj71 TELEPHONE (51'6) 765-1809 APPEA~ BOARD MEMBERS GERARD P..GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYE~, JR. RO~3ERT J..DOUGt. ASS Eric O. Bressler, Esq. W~ckham, Wickham & Bre. s.sler, P.C.. Main Road BOx 1424 Mattituck, NY 11952 December 21 , 1987 Re: Appl. No. 3672 ~ Anthony Gambino (Variance) Dear Mr. Bressler: Transmitted herewith for your file and perusal is a copy of the official findings and determ!nation 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 return 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, Enclosure Copy of.Decision to: Building Depar.tment GERARD P. GO. EHRINGER iC~]AIRMAN Marco A. Longo, Jr., Esq. Suffolk County Planning Commission · DEPARTMENT Of HEALTH SERVICES COUNTY O'F SUFFOLK PETER F, COHALAN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS, M,D.. M.P.H. COMMISSIONER December 19, 1986 Board of Town Trustees Town of Southold 53095 Main ROad Sour'hold, N~Y'. 11971 RE: ~~:h~ 0 f~ "Anth°nY Gambino Property s/w/c/o Right of Way and DeQp Hole Creak Mattituck (T) Southold Dear Gentlemen: This office has received an application, on the above reference~ parcel for approval to construct a single family dwelling, sanitary system, and water supply. The proposed development does not meet the standards of the Suffolk County Department of Health and is pending before the Board of Review for a variance. A copy of %he proposal is included for your review. Sinc.e~'.~.~?;'p~PDsat.maY .af~.e'~{.'w~tland's a~d/o~ sur.f'a~ Very truly yours, Walter G. Lindley Environmental Planner Bureau of Wastewater Management 'WGL:tjr · COUNTY C~N=ER ~'*'o--o,~-~,~ · RIVeRHEAD. N.y. 11901 N. COUNTRY RD.. O BOX 36t WADING RIVER. N.'Y. n792 f5t6) 9~9~3575 JUly 28', 19'87 Sou.thold Town Trustees Town H~t! 53'095 Main Road P;O. Box 7.28 Sou~hold, N.Y. 11971 Attn: Mr. Henry P. Smith Permit No. 397 - Anthony Gambino Dear Mr. Smith: Enclosed please find one copy of %he approval to construct issued by the S~C.D.H.S. Kindly amend the Town permit to Deflect said sanitary location. I remain, Very Truly Yours, Charles W. Bowman CWB/te Enclosure NO,mE OV m~Am.~G oil' THE WETLAND :~PLI~TIONS NOTICB.~. H~BY G~EN THAT P~LIC '~N~ ~L .B~ HELD- BY TO~ ~USTEES OF T~ TO~ OF SO~H.OLD, AT THE' SOUTHOLD ~.. - TO~ H.~L, ~'..ROAD, SOUTH- 0~', '~' ~OR~ ON WED- NESDAY, ~P~ 29:, I98I.'ON THE FOL~G. APPLICA- TIONS FOR P~TS ~'DER ~ PROVISIONS OF ~TLA~:.' Q~ANCE OF THE TOWN.OF S'O~HOLD. 7:~0 P~M;~ the'~ ~tt~ of. the' ~i~.. la0 c~ yds. 0f fill to ~ level 'depression on prope~y · ~ca~ 0n'C~ses Lane Exten- sion, 7:32 P.M,-In ~the:.'ma~r'of tello M~e. Con~act~g Co~. on'b~h~f ~Helen. Rei- ter/O~l Barge ~ insta~ 1314' lin. ~. :6f teeing waH .. appro~ma~ly 5~ landw~d of meado~ ~e; expand exist- i.n~ flo~ ~ HO', instatl a ramp ~d a .6'x~'.float. R~ 1314' x ~'F c~twalk l~d~ard 4,000 cu. yds. of t~cked in fill Pr0pe~y is lo~t~ Main Road, Sou~0ld. 7:34 P.M.-In ~e ~t~r of application. ~ the Land Use Company-o~ behalf of An- thony Gambino ~ const~ct a 30' x 50' single family dwelling plus attached d~ks ~ minimum', of 60'. landw~ of high marsh. To install sanitary ~m a minimum of 100'-lan~wa~ of high marsh and install a Well Pmpe~y is l~at~ on Lupron Point Road,oH of Ma~at~ka . Road, Mattituck. 7:815 P.M.~In the mat~er (ff the application of Eh-Consul- tunis, Inc. on behalf of the Cleaves Point~ Village Condo Association to construct 670___ lin. f~. of low profile timber retaining wall with 15' return on the west side and a 30' return on the east side. To backfill with 400_+ cu. yds. of fill to be trucked m from an upland source. Property is located on Ship- yard Lane, Greenpert. 7~38 P.M.-In the. matter of the application of William H. Lieblein, Pres,/P0rt of Egypt Enterprises, Inc. to place two floating timber docks (1) 5' x t00' with (8) $' x 20' finger decks, and (2) 5' x 60' docks with ~5) 3' x 20' finger docks. Property.is located on Main Road, Southald. ¢ STATE'OF NEW YORK COUNTY OF SUFFOLK Richard Williams of Greenport, in said County,. being' du{y sworn,..saYs that he/she is Principal. Clerk of THE SUFFO.I~K TIMES, a Weekly Newspaper, published at Greenport, in the Town of SOuthold, County. of'Suffolk and State of New York, and that the Notice.of'Which the annexed'is a printed copy,, has.been regularly.published in .said. Newspaper once each week for' !.. weeks' successively, c.ornme'nc'ing:on the 1.6.'th dayof ' ikDri.1 19 87_ Principal Clark / dS. wp :n to be~, m e,this _~__ - ' ~ ' ' RY pB~k~C Stem. re." [ / :42 P.M.-In the mater of.th~ application of'the Land Use Comply 'on behalf of ger~ Bady to install 3 m~ring pil~ and to ma~tenance '1:4(/ l-'.l~l.-ln the matter of the apPlication of Eh-Consul_ tents, Inc. on behalf of Louis Sulich to construct a timber dock consisting ora 4' x. 100' · fixed elevated (4' above marsh~ walk; a 4' x 12' hinged ramp, a '6' x 20' float ;~Un;~ b.y (2)1.0" diameter. on.B~2jrrqperty is located ogue. -auwaters Road, Cutch'- dredge a 20' x 45' area to 6' at MLW with approximately 88 cu, yds. of.resultant spoil to be disposed' of at a. suitable upland site. Property is lo- cated at 1775 Calves Neck Road, Southold. 7:44 P.M.-In the.ma~tter of the applicatibn of the Land Use Company on behalf'of Will- iam Horstmann to .rosheath appreiimatley 164' Of timber bulkhead and to extend the return located.at the east end of the bulkhead an additional. 4' landward. Property is cared on Little Peconic Bay Road, Southold. 7:46 P.M.-In the matter of the application of Daniel & Irene McKasty to construct a pri- vate dock 70' x 4', Property located at 13220 Main Road, ]East Marion. ALL PERSONS IN- TERESTED IN SAID MATTER SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPORTUNITY TO BE HEARD. COMMENTS MAY BE SUBMITTED IN WRITING PRIOR TO THE DAT]E OF THE HEARING. HenryP. Smith, President Board of Town Trustees Date: April 2, 1987 NOTICE OF HEARING ON THE' WETLAND ~APPLICATIONS NOTICE IS HEREBY GIV- EN THAT PUBLIC HEAR- INGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUT. HOLD TOWN HALL, '. MAI'N ROAD, SOUTHOLD, NEW YORK, ON WEDNESDAY, APRIL 29, 1987, ON THE FOLLOWING APPLICATIONS FOR PER- MITS UNDER THE PROVI- SIONS OF THE WETLAND OR.DI NANCE OF THE TOWN OF 'SOUTHOLD. i .7:30 P.M.- In the matter of'the application' of' Henry & -Deborah Stasiukiewicz to fill with 150 cu.. yds,of fill to level 'depression on property located on Cases Lane Extension, · Cutchogu~ 7:32 P.M: In the'm~tter of the application of Costello Marine Contracting Corp. on behalf of Helen Reiter/Original Barge to install 1314'tin. ft.'of'retaining waJI approximately 5' landward of 'meadow fringe, expand ex- isting float to 1t0 ',install a t6' ramp and a 6 ' X 40' float. Run I314' X 12' catwalk landward of retaining wall and fill with 4~000 cu. yds of trucked in fill. Property is located on Main Road, Southold. 7:34 P.M.- In the matter of the application of the Land Use Company on behalf of Anthony Gambino to construct a 30' X 50' singIe family dwelling plus attached decks a .minimum of 60' landward of high marsh. To install a sanitary system a minimum of 100' landward of high marsh and install a well. Property is located on Lupron POint Road, off of Marratooka Road, Mattituck. 7:36 P.M.- In the matter of the application of En-Consultants, Inc. on behalf of the Cleaves Point Village Condo Associa- tion to construct 6074- lin. ft. of low profiIe timber retaining wall with 15' return on the west side and a 30' return on theeast side. To backfill with 400_+ cu. yds. of fill to be trucked in from an upland source. Property is located on Shipyard Lane, Greenport. 7:38 P.M.- In the matter of the application of William H. Lieblein, Pres./Port of Egypt Enterprises, Inc. to place two floating timber docks (1) 5' X 100' with (8) 3' X 20' finger docks, and (2)5' X 60' docks with (5) 3' X 20' finger docks. Property is located on Main - Road, Southold. COUNTY OF SUFFOLK STATE OF NEW YORK ss: 'C Patricia Wood, being duly .sworn,' says that she is the Editor, of'THE LONG 1SLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and' that the notice of which the ann~xed's a printed .copy, has been published in said Long lslan:d Traveler=Watchman once each week for .................... ~ .<~. .... weeks successively, commencing on the ............... day~: ......... ~ . .. ~ . ~ Sworn to before me this ~ // ' day Of 19 6kv'~ 7:40 P.M.- In the matter of sultants', lnc. on behalf of t ....................... Louis Sulich to construct a timber dock consisting of a 4' X 100' fixed elevated (4' above marsh) walk; a 4' X 12' hinged ramp, a 6' X 20' float secured by (2) 10" diameter pilings. Pro- perty is located on Broadwaters Road, Cutchogu~ 7:42 P.M: In the matter of the application of The Land Use Company on behalf of Jerry Bady .to. install 3 mooring piles and to. maintenance dredge a 20' X 45' area to 6' at MLW with approximately 88 cu. yds. of resultant spoil to be disposed of at a suitable upland site. Proper- ty is located at 1775 Calves Neck Road, Southold. 7:44 P.M.- In the matter of the application of the Land Use Company on behalf of William · Horstmann to resheath approx- imately 164' of timber bulkhead and to extend the return located at the east end of the bulkhead an additional 4' landward. Pro- perty is located on Little Peconic Bay Road, Southold. 7:46 P~M. tn the matter of the application of Daniel & Irene McKasty to construct.a private dock 70' X 4: Property is located at 13220 Main Road, East Marion. Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County · ~ Commission Expires fg~.~-~ ~/ 19 ALL PERSONS IN- TERESTED tN SAID MAT- TERS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPEC!FIED AND WILL BE GIVEN AN OP- PORTUNITY TO BE HEARD. COMMENTS MAY BE SUB- MITTED IN WRITING PRIOR TO THE DATE OF THE HEARING. Henry P. Smith, President Board of Town '5'ustees Date: April 2, 1987 2T-4/9, 4/16/87(71) N. COUNTRY RD. · BOX 36t WADING RIVER N.Y. (5,6') 9~9-3575 July 28, 198'7 Sou~hold Town Trustees Town H.all '5309'5 ~ain Road P.O. Box 728 S'outhold, N.Y. 11971 At:tn: Mr. Henry P. Smith Re: Permit No. 397 - Anthony Gambino D'ear Mr. Smith: Enclosed please find one copy of the approval to construct issued by the SCC.D.H.S. Kindly amend the Town permit to ~eflect said s~nitary location; I remain, CWB/te Enclosure Very Trul. y Yours, Charles W. Bowman BOARD OF TOWN- TRUSTEES Towy- or' SOeT[~Ol,V ..... 53095 M~h~ Road ehone 76521892 ~ 3 1 G 5 ~tao~a, N. Y. 11971 ..lgOARD. OF TOWN* TRUSTEES --':;5! JI~PLiCATIONS ': NOTICE IS. HERF2BY GIVEN THAT PUBLIC' HEARINGS WILL-BE.-HELD' BY .THE: TOWN -TRUSTEES '.OF. THE. TOWN!I 'f OP' .'SOUTHOLD'~ = AT THIg: -SOUTHOLD TOWN HALL, MAIN· ROAD, 'OLD, NEw YAPS, ON WED- '.NESDA¥,..:APmL 29; IgS? O!~.';~.~:- · 'THE FOLLOWING i ~kPPLIC~? i~¢ :l TIONS'FOR PERI~/TS.UNDER. PROV ONS':"O amE. WETLAND' ORDINANCE .OF THE TOWN OF SOUTHO!2D. '.'- '7~.ao. r.~:-In tae matter of me ..application of Henry'& De: harsh .Stasinkiewicz tO' flII Wi.th ,150 cu. yds. of fill to ~. level d~pression on property located on Cases Lane'Exten- sion, Cu~chogue... - 7:32 P.M.~In~ti~~ ~nlatte/~ 'of tello Marine ' Contracting ._ Corp. on behalf ur Helen Rei~ tar/Original Barg~ to 'inst~ll t314' lin..ft, of retaining xv'all'~: approximately 5' tandwa~d meadow fringe, expand exist;/~ lng float to 110'; install a 16~"~ ramp and. a 6'x40' float. Run .~: 1314' x 12' catwalk Im~dward.i.; of retaining wall and. fill with 4,000 cu. yds. of trucked in fill. Property is located on' Main Road, Southold~ 7:34 P.M.-In the matter of the application .of the Land Use. Company-on behalf of An- thony Gambino to construct a 30' x 50' single family dwelhng plus attached decks a minimum of 60' landward' of high marsh. To install a sanitary system a minimum of 100'- landward of high marsh and install a well.. Property is. located' on.Lupron point Road,-offof M_arrgtooka ' ~ Road, M~tttituck.. · .. ,.....'~. 7:36 P.M.-In the matter of the application of Eh-COnsul- treats, Inc. on behalf of the Cleaves Point Village Condo Association to .construct 670_+ lin. ft. of 10w profile''~ timber retaining wall with 15' return on the west side and a 30' return on the east side. To backtilI with 400 ± cu. yds. of fill m be trucked in from an upland source. Property is located on Ship- yard Lane, Gr~enport. 7:38 P.M.-In the matter of the application of' William H. Lieblein, Pres./Port of Egypt Enterprises, Inc. to place two floating timber docks (1) 5' x 100' with (8) 3'. x 20~ finge~r docks, and (2) 5' x 60' docks with (5) 3' × 20' finger docks. Property is located on Main Road, 8outhotd. '.I STATE OF NEW'YORK ) ) SS~ COUNTY OF SUFFOLK ! Richard Wi 1 1 lams of Greenport, in said. County, being duly sworn, .says that 'he/sba. is P~inci pal' Clerk of.THE.SUFF.OLK TIMES, a Weekly Newspaper, Published at Greenport, in the Town of Southold, CoUnty of Suffolk and State of New York, and that the' Notice of which the annexed is a printed co.py, has been regularly.published'in said NeWspaper once each'Week for t' weeks, successively, commencing on the 16 %h 'day of Apri 1 19_~87 Principal Clerk Sworn to befaS~ me this ~~_ da of application of.Ibc Land Use Company on behalf of Je~' Bady te installs3 piles ~d te 'ma~nan~ 'I:4U F.P/l.~ln tile mat'{~t- of apPlication of Eh-Consul. rants, Inc. on behalf of Louis Sulich ~o.construct a timber, dock cons/sting ora 4 fixed elevated (4' above marsh> walk; 'a 4' x 12'..i hinged ramp, a 6' x 20' float secured by (2) 10" diameter. pilings. Property is located or~ Broadwaters Road Cuteh- dredge a 20' x 45~ .area .to 6' at MLW with approximately 88 cu. yds. 'of resultant spoil to be. disposed of at a:Suitable upland site. Proper~y 'is cated at 1775 Catves. Neck Road, Southold. 7:44 P.M.-In the matter-o£ the applicatibn 'of the' Land Use Company on behalf of 'Will- iam Horstmann to ..~:esheath app.rox~matley 164' of timber bulkhead and to. extend ~he return Io~ated ag;t~e-ea~t end of the bulkhead'an ~dditional, 4' landward. Property is lo- cated on Little Peconic Bay Road, Southold, 7:46 P.M.-In the matter of the application of Daniel'& Irene McKasty :to construct a pri- vate dock 70' x 4'. Property is, located at 13220'Main Road, East Marion; ALL PERSONS IN- TERES~I'ED IN.SAID MA~['ER SHOULD APPEAR AT THE TIME AND~ PLACE ABOVE SPECIFIED AND WLLL BE GIVEN AN OPPORTUNITY TO BE HEARD.COMMENTS MAY BE SUBMITIlgD [N 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 .i/APPLICATIONS ~.' · ,.-, - ?~: ,.'..; 0TICE '"" ....... '?"""'-"" IS "HEREBY 'Gi~'~; EN THAT PUBLIC ' HEAR,' INGS WILL'"B~ HELD BY THE TOWN'TRUSTEES OF THE TOWN. O.F'sOUTHOLD,I AT THE sOUTHOLD' TOWN .:." HALL, M~'IN :.ROAD, ' SOUTHOLD,'. NEW'' YORK, ] ON WEDNESDAY, APRIL 29, .1.987~' ON THE FOLLOWING APPLICATION$~ EOR pER- h?llTl'S UNDER THE PROVI- SIONS OF THE WETLAND ORDINANCE 'OF THE TOWN OF SOUTHOLD.- ~.?:~0',P.M: in the ma~cter 0fthe 'fil)~l'!cation .. ;bfi" Henry "i'..&. -Deborah' stasiukieWicz to :fill ~fithTi50 cui. yds,of.'fill to~ level depression on:property' located -- on, .CaseS: Lane. 2'EXiensi0n, /" i/7:32 P.M.- In'tl/e':h/fiiter 6f the appIication of Costello Marine Contracting Corp. on behalf of Helen Reiter/Original Barge to install 1314 lin. ft. Of retaining wail approximately 5' landward of meadow fringe, expand ex- isting float to t I0 ~, 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 Property is located on .Main Road, Southold. 7:34 EM.- In the matter of the application of the 'Land Use Company on behalf of AnthOny Gambino to construct a 30' X 50' single family.dwelling pIus attached decks a minimum of 60' landward of high marsh. To install a sanitary system a minimum of 100' landward.of high marsh and install a well. Property is located on Lupron Point Road, off of Marratooka Road, Mattituck. 7:36 EM.- tn the matter of the application of Eh-Consultants, inc. on behalf of the Cleaves Point Village Condo Associa- tion to construct 607.+ tin. ft. of tow profile timber retaining wall with 15' return on the'west side and a 30' return on the east side To backfill with 400_+ cu. yds. of fill to be trucked in.from an upland source. Property is located on. Shipyard Lane, Greenport. 7:38 P.M.- In the matter of the application of William H. Lieblein, Pres./Port of Egypt Enterprises, Inc. to place two floating timber docks (1) 5' X 100' with (8) 3' X 20' finger docks, and (2)5' X 60' docks with (5) 3 '. X 20' finger docks. Property is located on Main Road, Sonthold. COUNTY OF SUFFOLK STATE OF NEW YORK SS' Patricia Wood,. being duty sworn,, says .that she is the Editor, of THE .LONG ISLAND TRAVE, LER, WATCHMAN, · a public newspaper printed.at Southold, in Suffolk County; and that the notice of which the an'nerxed is a printed copy, has been published in said Long Island Trag.elerAgatchman once each week for ..................... ".~:..... weeks successively, commencing on the ..................... ......... c-',, · Sworn to before me this ..................... day of the-application of En-Con-' _~L~..,~_~... sultants, Inc.-on'behalf Of i Louis Sulich to~construc't af Notary Public timber dock consisting of a 4' X .100' fixed elevated (4' above marsh) walk; a 4' X 12' hinged ramp, a 6' X 20' float secured by (2) I0" diameter pilings. 'Pro- perty is located on Broadwaters Road, Cutchogue. 7:42 P.M.- in the matter Of th~ application of The Land Use- Company 'on behalf of .Jorry"!l Bady to install 3 mooring.'i~iies and to. maintenance dredg~a 20 ' X 45' area to 6' at MLW~ 'with approximately 88 cu.'.::yds, of resulthnt spoil to be disi~6sed of at a.suitabte upland site.' Proper- ty is located at 1775 Calves Neck Road, SOuthold. 7j44 P.M.- in the matter of the application of the Land Use Company on behalf of William ' Horstmann to resheath approx- imately 164' of timber bulkhead and to.extend the return located at the east end of the bulkhead an additional 4' landward. Pro- perty is located on Little Peconic Bay Road, Southold. 7:46 P.M. In the matter of the application of Daniel & Irene McKasty to construct a private dock 70' X 4'. Property is located at 13220 Main Road, East Marion. BARBARA FORBES ~otary Public, State of New York No. 4806846 Qualified in Suffolk County Commission E~pires ~.~ ~/ 19 ~f A~LL PERSONS IN- TERESTED IN SAID MAT- TERS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OP- PORTUNITY TO BE HEARD. COMMENTS MAY BE SUB- MITTED IN WRITING PRIOR TO THE DATE OF THE HEARtNG. Henry P. Smith, President Board o1' Town 'ftustees Date: April 2; t987 2%4/9, 4/t6/87(71)' WI.LLIAM WICKHAH ERIC ,i... BRE~SLER ABI G:~I L A. WICKHA~4 DANIEL C~ ROSS LAW OFFICES WICKHAM, WICKHAM & BRE$SLEr, I=.C. MAIN ROAD. P,Cll BOX 1424 MATTITUCK, LONG ISLAND NEVv' YORk 11952: 516-;~91~8353 ~IORTGAG E September 2, 1988 Board of Town Trustees. Town of Southold Town-Halt Main .Road Southold, NY 11971 Attn.: Frank A. Kujaws'ki, 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. ~ _<'Vgry truly/y~our~,~: DCR:mtb Encl: BOARD OF TOWN' 'FitUS~FEES TOWN OF SOUI~IOLD .~.,  s~ogs.~'ao~a' r~o~.. "' . . ~aaoia, ~. Y;.1197I .~ _ ' "-'"' '" ~.. ~~.'~~: &_~'~ ~-,-. "' - .... '~ . :_'~ .~.~'.:~.' --.~ ,.-. .... .. . . ~0~~~~~ ~~~~ .-': .... .. i i . WILLIAM w CK~AN ERIC ,J, BR.ESSLER ABIGAIL: A. WICK} lAN DAN I EL C. 'ROSS KARF_.N d. S. TRETZ W~CKHAM, WICKHAM. 8~-BRESSLER, 'f:,.c. MAIN ROAD. P,O. BOX MAq--r "FUCI&i LONG ISL~N[D NEW YORK 11952 5I~-~98-8353 July 14, 1988 ~40'RTGAG E OF ~IC e .Boa. rd.of Trustees Town .of Southold 530.95 Main Road p.O, BoX 72'8 S'outhold, NY 1197.1 Re: Application for Waiver: Anthony Gambino Tax Map 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 ru.noff from gutters to be contained which is what the requested waiver would allow. :DCR:mtb Encl: cc: Mr. Anthony Gambino So,hold Town Board of Appea MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cJT1 TELEPHONE (516), 7'65-~ 809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3672 Application Dated September ]6, ]987 TO: Eric J. Bressler, Esq. as Attorney for Mr. Anthony Gambino Main Road, Box 1424 Mattituck:, 'NY 11952 '[Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on December 10~ 1987, the above appeal was considered, and the action indicated belc~ 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 tX]Request for Variance to the Zoning Ordinance Article XI , Section ]00-]19.2 [ ] Request for Application of ANTHONY GAMBINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of new dwelling with an insufficient setback from nearest wetlands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mattituck, NY~ County Tax Map Parce! No. lO00-115-1t-lO. WHEREAS, a public hearing was held and concluded on November lO, 1987 in the Matter of the Application of ANTHONY GAMBINO under Appl. No. 3672; and WHEREAS, at said hearing ail 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 im 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 II, Lot lO. 2. The subject premises ccnt~ins a total area of 19,200 sq. ft. with 120 ft. frontage along the south side of a private road known as "Lupron Point Road," and fronting along Deep Hole Creek. 3. The subject premises is imprDved 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 ~ts nearest point along the easterly ordinary highwater mark. (CONTINUED ON PAGE TWO) DATED~ December ]0, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~age 2 - Appl. No. 3672 Matter of ANTHONY GAMBINO ~Decision Rendered December 10, 1987 4. Appellant by this appli.cation 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 Xt, Section lO0-1lg.2(B)requires all buildings and structures located on tots adjacent to tidal water bodies other than the Long Island S~Und to be set back not less than seventy-five {75} feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75') feet from the'landwar'd 'edge of the tidal wetland, whichever is the greater distance.. 6. The following additional information is noted for 'the record: {a} On May II, 1987, a Wetland Permit under the Provisions of Chapter 97 was issued by the Southotd Town Trustees with conditions; (b} On or abou~ 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 approv.al(s) under their jurisdiction; {el 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, t984 prepared by Roderick VanTuyl, P.C. and separate construction plans submitted therewith; (fl 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, lg87] from the owners abutting the subject premises along the west side; (gl On September 4, t987, 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 Rendered December 10, lgS? ...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 Remedy Violation was issued; {m) On September 16, 1987, this variance application was filed with this office. 7. At the November 10, 1987 public hearing, an Affidavit and an Affirmation in Opposition were filed questioning the following areas: (a) Section lO0-10 of the Zoning Code pertaining to nonconforming uses. Upon information and belief, this premises is to be utilized as a single-family dwelling. A single-family dwelling is a permitted use in this Zone District. If evidence is found to the contrary, a separate application should be filed in order to evaluate this position as required by law, after public hearing, et cetera. This application pertains to setbacks under Section lO0-11g.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, t984, the Gambinos acquired same from Anne Mason. Since both parcels were separated prior to the enactment of the minimum 40,000 sq. ft. requirement (November 1971), and during the period of the 12,500 mi.n~mum 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. Matt~r of ANTHONY GAMBI'NO Decision Rendered December 10, lg87 other agencies requiring Wetland Permits, this Board is without authority thereunder. 8. This is an application for an area variance where the standard is whether strict compliance w.ith 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, lg Misc. 2d 909, the Court said that the. following matters should be considered': {l} how substantial the variance is in relation to the requirement; (2) the effect, if the variance is allowed, of the increased po. pul~tion 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 o.f the manner in which the difficulty arose and in consideration of the above factors, .the inter- ests of justice will' be served by all'owing the variance. g. In applying the above considerations to the facts in this case, the Board finds: (a) that the variance requested is not substantial in relation to the require- ment, being a variance of approximately 20 percent, or 15 feet; {b) that there will not be an increase in popu- lation density by this variance and accordingly there will be no undue burden on available governmental facil]ities; (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 thi!'s 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 compl:iance wiith the zoning regulations--it is true that the difficuiltSes 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 )00-143 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 chara:cter with the immediate area since there are similarly established setbacks from the ordinary highwater mark; (3} significant economic injury would result if the vari:ance 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-?I9~ of the Zoning Code, in the Matter of the Application of ANTHONY GAMB'i'NO under Appl. No. 3672 for a reduction of the setbacks from the ordinary highwater mark as shown on the Survey prepared by Roderick VanTuyl, P.C. lastly dated October 22, 1987, and SUBJECT TO THE FOLLOWING CONDITIONS: t. There be no disturbance of land within 55 feet Pa~e 5 - Appl. No. 3672 Matter of ANTHONY GAMBINO Decision Rendered December 10, 1987 of the or. dinary highwater mark (during or after construc- tion.), except .as maybe required by other enforcing agencies to remedy any pending violation; 2. There be no surface water runoff into the creek areas; all water runoff (inc'luding runoff from gutters, etc.) shall be contained in storm drains or similar basins where necessary (and more specifically the east and-south sides}; 3. tf it is determined by the Building Inspector that construction does not comply with Chapter ~46-Flood Plain Management 'Law of the Town of Southold, the property owner will be required to comply before further construc- tion takes place; 4. Proper application and issuance pursuant to law of a Building Permit for the structure as considered herein (which appears to be different from the survey/plans sub- mitted under Building Permit #16340Z), 5. No further protrusion/reduction into the side or rearyard areas to include all ground or below-ground level construction; 6. No further reduction toward the ordinary high- water mark which would be seaward of the house and within 75 feet thereof (which will necessitate further reviews by this Board). Vote of the Board: Ayes: Doyen, Douglass and Sawicki. adopted. Messrs. Goehringer, Grigonis, This resolution w'as duly lk CZ) RODERICK VAN TUbaL, P.C. GREENPORT NEW YORK SUFF~ ,< CO. HEALTH DEPT. APPROVAL h S NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT. OF HEALTH SERVICES. (si APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY DATE' H. S. RIFF, NO. APPROVED: SUFFOLK CO. TAX MAP DESIGNATION' DIST. SECT. BLOCK PCL. SEAL