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