HomeMy WebLinkAbout4156
APPEAT .q BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
R/chard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
DELIBERATIONS/DECISION: Appl. No. 4156:
Upon Application of GARDINERS BAY ESTATES CLUBt INC.
(record owner as per Deed at Liber 7671 page 415) - by Lawrence
Matzen, Chairman of the Marine Committee in behalf of the
GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC.
This is an Appeal based upon the February 10, 1993 Notice
of Disapproval issued by the Building Inspector requesting an
Interpretation of Article III, Section 100-31C(3) of the Zoning
Code which provides for "...docking or mooring facilities for no
more than two (2) boats other than those owned and used by the
owner of the premises for his personal use." Applicant is
proposing to construct new dock areas with multiple boat
facilities at the community beach of Gardiners Bay Estates.
Location of Property: Part of Private Road known as Dogwood
Lane situated along "Spring Pond," an estuary of Orient
Harbor; also shown on the Map of Gardiners Bay Estates, Section
2, filed in the Suffolk County Clerk's Office as Map No. 275,
East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater land). (Extensive
testimony was received and the hearing then concluded, pending
deliberations at a later time.)
WHEREAS, Application #4156 is made under the Zoning
Ordinance of the Town of Southold, Chapter 100, for an
interpretation of Article III, Section 100-31C(3-a) pertaining
to accessory uses in the residential zone districts;
WHEREAS, said application makes specific reference to
property owned by the Gardiners Bay Estates Club, Inc., now
known as the Gardiners Bay Estates Homeowners Association, Inc.,
which property is underwater land shown as "Spring Pond",
identified on the Suffolk County Tax Maps as District 1000,
Section 37, Block 1, Lot 17, containing 6.8+- acres in total
area. Waterfront accessibility is shown in this application to
be at the end of Dogwood Lane, although other deadend streets
are shown to exist (from the end of Beach Court and Old Orchard
Lane, to the waterway of Spring Pond;
WHEREAS, members of the Board viewed the property and are
familiar with the current zoning designation of "Low-Density
R-40 Residential" and the character of this property which is
'' - Appl. No. 056 O
Page 2
Mattes of Gardiners--Bay Estates Association, Inc.
Decision Rendered May /{ , 1993
underwater land shown on maps for a preexisting subdivision.
known as Gardiners Bay Estates, Sections I and II;
WHEREAS, after due notice, public hearings were held by the
Board of Appeals on February 23, 1993 and April 22, 1993, and
all statements and materials submitted have been made a part of
the permanent record;
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the record and all testimony have been carefully
considered, and the following pertinent facts noted:
1. LOT DESCRIPTION: The subject premises comprises an
area of 6.8+- acres of underwater land referred to as "Spring
Pond" at East Marion, Town of Southold, Suffolk County.
2. ACCESS TO UNDERWATER PARCEL: Accessibility to this
underwater land is shown on the maps submitted under this
application to be at the end of Dogwood Lane, although other
deadend streets are shown to exist at the end of Beach Court and
also at the end of Old Orchard Lane, to Spring Pond.
3. PREEXISTING SUBDIVISION: The property in question is
shown on the Subdivision Maps of Sections I and II, Gardiners
Bay Estates at East Marion, filed in the Suffolk County Clerk's
Office on September 23, 1927. Sections I and II preexist the
enactment of zoning (1957). Approximately 40 years later,
Section Three was filed and approved on February 27, 1968 by the
Southold Town Planning Board for the creation of interior lots
%173 through %188.
4. WATERFRONT LOTS/INTERIOR LOTS: It is noted that 51
lots border directly on the waterway of Spring Pond; the
remaining 50 lots in Sections I and II are interior lots. Lot
No. 16 is shown on the filed map of Section II as "Beach for use
of lot owners." Also, the Section III Subdivision Map shows 16
additional "interior lots" as approved in 1968. The total
nun%ber of lots shown on the Maps of Sections I, II and III is
122 (combined waterfront and interior lots).
5. NEW YORK TOWN LAW - TIME FOR APPEAL FROM DECISION OF
ENFORCEMENT OFFICER. Effective Ju-ly 1, 1992, Town Law was
amended (codified) by adding a new Section 267-a. One of the
amendments included the filing within 60 days of an appeal based
upon the decision, order, requirement, interpretation of the
Building Inspector. The action of the Building Inspector upon
which this interpretation is requested is dated February 10,
1993, and the appeal was filed with the Clerk on February 11,
1993.
Page 3 - Appl. No. 6
Matter of Gardiners Bay Estates Association,
Decision Rendered May // , 1993
6. BASIS OF APPEAL: The action taken by the Building
Inspector, upon which this appeal for an interpretation is made
is dated February 10, 1993, and reads as follows:
"...PLEASE TAKE NOTICE that your application dated
February 10, 1993 for permit to construct dock with
multiple boat facilities at Dogwood Lane, East
Marion ... is returned herewith and disapproved on
the following grounds: Article III Section 100-31C3,
Property Zoned A and owned by Subdivision Assoc.
Action required by Zoning Board of Appeals to address
proposed use not allowed in Agricultural Zone i.e.
more than two boats not owned by property owner... "
7. USE VARIANCE: It is noted that no record has been
found that makes reference to other relief; and to date, an
application for a use variance has not filed.
8. OTHER AGENCIES: It is noted that this project is also
contingent upon compliance with other agency permits and/or
finalizing reviews under other applicable statutes now pending,
or previously issued including but not limited to the:
a) N.Y.S. Department of Environmental Conservation;
b) Department of the Army;
c) Town Trustees of the Town of Southold;
d) Planning Board of the Town of Southold, as may be
appropriate.
9. OWNER-CORPORATION: The record owner as shown on the
deed recorded at Liber 7671 page 415 was conveyed on July 7,
1974 by Gardiners Bay Co., Inc. to Gardiners Bay Estates Club,
Inc., under the laws of the State of New York. A copy of an
Amended Certificate of Incorporation changing the name of the
corporation to Gardiner's Bay Estates Home Owner Associa-
tion, Inc. (GBEHOA) has been submitted as part of the record.
GBEHOA is a Not-For-Profit Corporation organized under Section
803. This Not-For-Profit Corporation is a membership
organization which requires ownership of property in speciic
areas of East Marion, presently at Gardiners Bay, before
becoming eligible and accepted as a member of the corporation.
4 - Appl. No. ~6
Matter of Gardiners-Bay Estates Association, Inc.
Decision Rendered May l! , 1993
TOWN CODE DEFINITIONS
10. PERSON OR ASSOCIATION DEFINED: Section 100-13 of the
Zoning Code categorizes association under the definition of
"person," as follows:
...PERSON: Any association, partnership,
corporation, cooperative group, trust or other
entity, as well as an individual ....
11. OWNER OF LAND DEFINED: Section 100-13 of the Zoning
Code defines owner as a "...person having vested or contingent
interest in the property in question" including a duly
authorized agent, attorney, purchaser, devisee, and fiduciary
having vested or contingent interest in the property in
question. Real property law provides for ownership as being
held individually, jointly, in common, or in corporate or
partnership form. This parcel is in corporate ownership form,
not individually, not jointly, and not in cormmon ownership. The
corporation is the owner. The membership is not the owner. The
membership is a union forming the shareholders of the corpora-
tion.
12. RECORD OWNERSHIP TO PROPERTY IN QUESTION: The
ownership to the underwater land which is the subject of this
application is in the name of an association-corporation
referred to as the "Gardiners Bay Estates Home Owner
Association, Inc." A corporation is defined as a "person"
under the Southold Town Code. The code clearly does not provide
for separate individual stockholders or members of a corporation
to be multiple owners of the land. Stockholders of a
corporation are defined in Black's Law Dictionary as holders of
shares of stock, sharing proportionately in its net profits or
earnings or in the right to distribute assets on dissolution.
Stockholders also share rights to participate in the general
management of the company. Stockholders may be one or more
persons or sub-corporations. A corporation may exist with an
unlimited number of shareholders, with more than one
corporation, or with no shareholders. Ownership of land is
not defined as members of a corporation, nor is an owner defined
as the number of members in a corporation. Ownership of land is
clearly defined as a person, a corporation, a partnership, a
trust, or an entity as a single unit.
13. INTENT OF ACCESSORY USE AT 100-31C: It is well-known
to Board Members that the intent of Section 100-31C is and
always has been to allow an extension of use to a particular
piece of property, accessory and incidental to the residence on
the lot, for the docking of his own boat, and provided.further
that title to the boat is in the same name as the owner of the
Page 5 - Appl. No? [56
Matter of Gardiners Bay Estates Association,
Decision Rendered May ~ , 1993
property. In addition, accessory uses would be permitted to
have up to two boats other than those of the owner of the
residential parcel. The Zoning Code does not provide for an
extension of use for interior lots (without direct frontage on a
waterway) in residential subdivisions for multiple docking
facilities. The Zoning Code also does not provide for cases
where the owner of the boat is not the same as the owner of the
land at the docking facility and waterfront property.
Interpretations are limited to clarifying and interpreting the
code, not legislating new definitions or new zoning laws.
14. TITLE OF BOAT OWNERSHIP. No information has been
furnished by the applicant to show ownership of the boats
intended for docking or mooring by the applicant-owner (GBEHOA).
ACCORDINGLY, on motion by Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, that Section 100-31C(3-a) of the Zoning Code is
hereby clarified for the purposes of interpretation as follows:
1) For the purpose of Section 100-31C(3-a), an owner of a
parcel of land shall be an individual, a partnership,-
corporation, cooperative, or other entity, or a combination of
the above, as a single unit;
2) That for the docking, mooring or accommodation of
noncommercial boats, only those boats owned and used by the
resident-owner of the land immediately adjacent to the land
which the docking or mooring is to be located, may be allowed as
an accessory for hisown personal use, provided the waterfront
lot is held in single and separate ownership and is IMPROVED
WITH A PRINCIPAL ONE-FAMILY DWELLING OR OTHER PERMITTED
PRINCIPAL USE AS PROVIDED in Section 100-31 and Section
100-30A.2 applicable to the R-40, R-80, R-200 and A/C Zones to
which this docking must be accessory to. Additionally, up to
two other boats may be docked or moored which are not in title
to the same landowner;
3) Ail docks and moorings are subject to reviews by the
Southold Town Trustees in accordance with the rules and
regulations of the Southold Town Code.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio
and Wilton. (Absent. were: Member Doyen of Fishers Island and
e .~m~er .~V, il~a. ) This resol~ut~on was duly adopted.
R C !VED AND FILED B
· ~--~ 1/GE~ P. ~E~I~ER, C~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following matters
will be held for public hearings by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on TUESDAY, FEBRUARY 23, 1993:
9. 8:15 p.m. Appl. No. 4140 - JOHN CROKOS (Hearing
continued from 1/14/93). Variance to the Zoning Ordinance,
Article XXIII, Section 100-239.4A(1) for permission to locate
structures within 100 feet of the top of the bluff along the
Long Island Sound. Location of Property: 2110 Grandview Drive,
Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11.
10. 8:20 p.m. Appl. No. 4156 - GARDINERS BAY ESTATES
CLUB, INC.(record owner as per Deed at Liber 7671 page 415)
Application filed by GARDINERS BAY ESTATES PROPERTY OWNERS
ASSOCIATION. This is an Appeal based upon the February 10,
1993 Notice of Disapproval issued by the Building Inspector
requesting an Interpretation of Article III, Section 100-31C(3)
Page 2 - Legal N~ce
I.-R~ular Meeting~os February 23, 1993
Southold Town Board of Appeals
of the Zoning Code which provides for "...docking or mooring
facilities for no more than two (2) boats other than those owned
and used by the owner of the premises for his personal use."
Applicant is proposing to construct new dock areas with multiple
boat facilities at the community beach of Gardiners Bay
Estates. Location of Property: Part of Private Road known as
Dogwood Lane situated along "Spring Pond," an estuary of Orient
Harbor; also shown on the Map of Gardiners Bay Estates, Section
2, filed in the Suffolk County Clerk's Office as Map No. 275,
East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater land).
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matter. Written comments may also be submitted prior to
the conclusion of this hearing. For more information, please
call 765-1809.
Dated: February 10, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
TOWN OF SOUTItOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
· ..~¢.,.~....~:~......~.,.~.,-/..¢.. . .
p
LEASE TAKE NOTICE that your application dated
· 0.,,,.¢~.- ~ ~ · - .-. ~ . "-'-:' .... :;;Z; '~ ......... ~'"
for perm,t to '
........... ~.b .... :..~ ..................
Location of Property
- -.o~.~.,~o: ...... .~ .......... ~' .... Z~....~.~ .....
5tree~ Hamlet
C°untyXaxMapN°'1000Secti°n "~'''~-BIock ~.~..Lot~.~..~.
Subdivision ................. Filed Map No2 ~ 2 .............. Lot No ............... ~..
is returned herewith and disapproved on the following grounds'..~'~..
Bu&Zd~n~ Inspector
RV 1/80
FORM NO. 1
TOWN OF SOUTI
BUILDING DEPAR
TOWN HALl
SOUTHOLD, N.Y. 1
TEL.: 765-1802
Examined ................ , 19..'.
Approved ................. 19... Permit No ............
Disapproved a/c
0ARD OF HEALTH
3 SETS OF PL,Xr~S ..........
SURVEY ...................
ClIECK ·
SEPTIC FORH ..............
NO?IFY;
CALL ...................
HAlL TO:
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ................... 19...
INSTRUCTIONS
a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation·
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the wsrk.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted bY the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other appLicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, builst~ng code, housing code, and regulations, and to
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electriciar~, plumber or builder.
............
'
Name of owner of premises ... . .............
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No ..........................
Plumber's License No .........................
Electri$ian's License No ......................
Other Trade's Licens~ No ......................
1. Location of land on which proposed work will be'done ..................................................
House Number
Count ' '~ '-) ' '
y Tax Map No. 1000 Section .................. Block .... ~. Lot
Subdivision .................. ................... Filed Map No ............... Lot ...............
(Name)
2.
State
existing use and occupancy of premises and intended use and occupancy of proposed construction:
· ,z ............. ' i'..:: i ..........
b. lntended use and occupancy .t_~..o,,c.,..a,~.. ~ .~...'~..¢..~.~ .~...~.o~,
t ':i' ........... .......
Re--~ir ,~ . " v l *1 ...... ~ ..... : .... ,~umcn=n .......... Alteration .... ~...
.......... ~. ·. etemovai .... ' ' "U .... Dem°htmn .... i ......... Other Work ...............
(Description)
4. Estimated Cost
.............. ........................ Fee ............. ~ .....
(to be paid on filing this application)
5. If dwelling, number of dwelling units ................ Number of dwelling units on each floor ....
· If garage, number of cars ...... · ...........
If business, commercial or mixed occupancy, specify nature and extent of each type of use ...............
7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ..........
Height ............... ~umber of Stories .................. : .....................................
Dimensions of same structur,~ with alterations or additions: Front ................. Rear .....
Depth ..... ................. Height ........... ......... .. Number of Stories ........
8. Dimensions of entire new construction: Front ............... Rear ............... Depth ...............
Height ............... Number of Stories
9. Size of lot: Front ..... .....................................
10. Date of Purchase Rear ...................... Depth ........ ' .............
1 1. ' ................... ' ......... Name of Former Owner .......... : ..................
Zone or use district in which premises are situated .....................................................
12. Does proposed construction violate any zoning law, ordinance or regulation: .............................
i3. Willlot be regraded
............................ Will excess fill be removed from premises: Yes No
14. Name of Owner of premises .................... Address
Name of Architect ...... ' .................. Phone No ................
Name of Contractor ..... : .................... Address ................... Phone No.
.................... Address ................... Phone No. : ..............
15. Is this property within 300 feet of a tidal wetland? *Yes ...... ,- No .........
·If yes, Southold Town Trustees Permit may be required.
... PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
STATE OF NEW.YOR~v, ///- ~ ~ ,
zou rry OF.. P.
...... ............
(Name of individuaTsigning contract) ....
~bove named.
being duly sworn, deposes and says that he is the applicant
te is the ........................................................
(C ~t ~t ~ ffi ..........................
o ra o orporate o cer, etc.)
,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the
eork will be performed in the manner set forth in the application filed therewith.
:worn to before me this
........ · -4aYof- ..
~,_. ~C~bliIRE g GI.E~ ' ·
· .... '"
~o. n. uz9506
_ Oualified in Suffo/k County PP ' nt)
Commission Exp~,e. December 8,
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Gardiners Bay Estates
! (We) Homeowners Association af East Marion
Name of Appeilont Street and Number
Southold New York
......................................................................................................................... HERESY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ...... ~..7.=.~.T.],3 ............... DATED ...O..c...t..o...b.~,~'...~.r....];..9..9...2. ................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
. .. ,G..a~.,d..i_n_e.r.s.. _B..,a]~....E.,s..t..a..t...e..s..- .H...a.m. ,e..o...w..n...e..r.. ,s.. A s s o c i a t i o n
Name of Applicant for permit
of
.... ~a~..~£.~n ........................ ~Q.%~k~.L~ ....................... ..N..e..w.. ,..Y...o..r..k., ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
I. LOCATION OF THE PROPERTY Foot of Do~.wo~d Lane at Spring Road
Street /Ham]et / Use District on Zoning Map
District 1000 Section 37Block 4 Lot 23 ^ _
........................................ current Owner Applicant
Mop No. 'Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article Section 1~0-3]c (31
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
( ) A VARIANCE to the 7nning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. ! 6 Sec. 280A Subsection 3
(X) Interpratation of Code Section
4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
~ ) request for a variance
and was made in Appea! No ................................. Dated .................. t .......... ~ ........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(X) An interpratat~on of Article II Section 100-31C (3) (a) . .:
is requested for ~he reason that the Board of Trustees by letter'dated March 12, 1992 has
stated it will hold an application for a Wetlands Permit in abeyance until
an interpratation of the above section has been rendered by the Zoning Board
of Appeals. Additionally, the Building Inspector by Notice of Disapproval
dated 10/1/92 has stated that ZBA action is required to address the proposed
use as it relates to Code Section 100-31C (3) (a)
Form ZBI
(Continue an other side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinit,/ of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DlbiKICT because
STATE OF NEW YORK )
COUNTY OF )
Sworn to this ......... ~ .................................. do'/ of. . ..........................
MARIE ONGIONI
NOTARY PUBLIC, State of New York
No. 24 - 4765191
C o m m iQ~iuo~ it~dp ~ ~ $ 9 ~-~~
/~'~-?/-d-? TOWN OF SOUTHOLD PROPERTY RE~:ORD CARD
OWNER STREET' / ///' ..;)9 { -, VI LLAGE DIST. SUB.
OWNER
FORMER
N
v ~PE OF BUILDING ~
RES. S~S. VL.G//~ FARM COMM. CB. ~ISC. Mkt. Value
REMARKS
~ND IMP. TOTAL DATE
'
AGE BUILDING CONDITION
N~ NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre
Tillable
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKHEAD
Total DOCK
SURVEY
NOTE:
----LOT ,',~'S. [ZEFEI~ TO~tW~',O~
ECALE- 50'
^5 ¢,JI-~V EY E~ JAN,G,I~)9~
F2ODEF21CV_ ',/AN TUYL, RC.
't
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
MEMORANDUM
TO:
FROM:
DATE:
Enforcing Officers
Attn: Building Department
Attn: Bay Constable
Laury Dowd, Town Attorney .
Board of Appeals ~ ~ --~, ~7
September 30,1 994
SUBJECT: Chapter 100 - Zoning
Docking of Boats at Gardiners Bay Estates Facility
East Marion
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Our office is in receipt of a letter dated September 26, 1994 from a
longtime resident of East Marion concerning the recent in.gtallation
of six piers and floats. The letter ~s attached for your record.
Since this facility is also regulated under the zoning code, we bring
to your attention the fact that other applications will also be
necessary to be filed with the Buildlng Inspector and Board of
Appeals before the new facility may be permitted to be built and
used for more than two boats at a time.
We ask that you please advise, with the guidance of the Town, what
steps should be taken at this time by the Town to notify the owners
of the boating facility since the owner (association) may not be
aware of the need for other approvals, and consequences resulting
from noncompliance (even though conditional approval by the Town
Trustees was issued under the Wetland Ordinance).
cc: Board Members
September 21, 199~ ~ - 3 19.~4
To~,n Zoning Bosrd of Appeals
Town of Southold
Town Hall
53095 Main Road P.O. Box 1170
Southold, NY 11971
Gentlemen:
It has come to our attention that the ~ardiners BayEstates
Homeowners Association Inc. of East Marion, NY has constructed
a catwalk, pier and flo~t for six boats without obtaining all
the proper permits.
Very truly yours,
Uoncerned Taxpayers
cc: Butldin~ Department
Town Attorney
Board of Zoning Appeals
Town of S~uthold
53095 Main Rd.
Southold, N. Y. 11971
East Marion, NY 11939
September 26, 1994
Gentlemen:
It has come to my attention that
Gardiners Bay Estates Jomeowners Ass*n
does not have all the necessary permit~
from the T~wn to install the six boat and
pier and float already in place.
I trust something will be done about
this= either a violation be issued or the
necessary permits be issued.
Yours truly,
Longtime resident
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hail
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MEMORANDUM
TO:
FROM:
DATE:
Board of Town Trustees
July 11, 1994
SUBJECT: Town Trustees' Proposed Permit for Docking
Gardiners Bay Estates Club, Inc.
1000-37-1-part of 23 at Spring Pond, Orient Harbor, E.M.
This is sent as a follow-up for record purposes to confirm our
understanding that any and all permits issued by the Town Trustees
are, of course, subject to compliance with all zoning regulations and
that the applicants before the Town Trustees have been advised of
this requirement by your office (as well as ours).
Since neither the Building Department or the Board of Appeals has
received an application by the owner-association of the subject
premises to dock or moor no more than two (2) boats other than
those owned and used by the owner-association (as interpreted in
ZBA determination filed under Appl. No. 4156 rendered May 11,
1993), the docking and mooring is limited as provided at Article III,
Section 100-31C(3) of the Zoning Code, or subsequent code changes
as may be modified by Town Board legislation.
A copy of this memorandum is being furnished to the applicants for
their record and further update.
cc:
Mr. Lawrence Matzen
Gardiners Bay Estates Homeowners Assn, Inc.
P.O. Box 342
East Marion, NY 11939-0004
Town Building Department
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
R~h~l C. Wilton
Telephone (516) 765-1809
BO~ OF ~P~
TO~ OF SOU~OLD
~a~ 12, 1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Carmella Borelli, ESq.
Ongioni & Borelli
218 Front Street
Greenport, NY 11944-0562
Re: Gardiners Bay Estates Home Owner Association, Inc.
Appl. No. 4156 - Appeal for Interpretation
Dear Ms. Borrelli:
Please find enclosed a copy of the Board's Action in the
above matter rendered at our May 11, 1993 Meeting with Findings
and Determination.
Very truly yours,
Copies of Decision to:
Building Department
Southold Town Trustees
Mr. Lawrence Matzen
Mr. Warren Sambach, Jr.
Linda Kowalski
of
GAR~INF~RS
for an i~terpretation of Section
100-31 C (3)' (a) of the zoning
code.
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
In the Matter of the Application
of
GARDINERS BAY ESTATES
HOMEOWNERS ASSOCIATION,
for an interpretation of Section
100-31C (3) (a) of the zoning
code.
MEMO[IANDUM IN SUPPORT OF
APPLICANT'S REQUEST FOR AN
INTERPRETATION OF SECTION 100 C (3)
OF TEE ZONING CODE
(A)
STATEMENT OF FACTS
The applicant, Gardiners Bay Homeowners Association, Inc., is
a membership corporation organized and existing under the laws of
the State of New York. The Association was incorporated in 1957
under the Membership Corporation Law. The Association elected in
1981 to be a Type A corporation under the Not-for-Profit
Corporation law and at the same time amended its name from
Gardiners Bay. Estates Club, Inc. to Gardiners Bay Homeowners
Association, Inc.
The Association owns land in Gardiners Bay Estates including
the land under the waters known as "Spring Pond" as is indicated
on the attached deed dated July 7, 1974 from Gardiners Bay Company,
Inc. to Gardiners Bay Estates Club, Inc. (Exhibit 1). The
Association has utilized, some of its land to provide docking
facilities for non-waterfront homeowners in the Association.
Association dues and assessments are used to pay for construction,
maintenance and upkeep of these docking facilities.
In January, 1992 applicant sought the necessary permits from
the Board of Trustees to construct a 3' x 16' catwalk, a 3' x 16'
ramp and a 4' x 24' float with two 3' x 14' fingers which would
accommodate four boats. The Association also sought to move an
existing catwalk which accommodated two boats. (See Exhibit 2
attached hereto). The matter was referred by the Board of Trustees
to the Conservation Advisory Council (Exhibit 3) which Council
recommended disapproval because "it has a policy of one dock, with
a capacity of four (4) boats on
Council does not wish to see
property associations". (Exhibit 4).
Town's records that the applicant was
a single piece of property. The
marians [marinas] developed by
There is no notation in the
asked by either the Council
or the Trustees what its present or future intent was with regard
to docking facilities nor is there any evidence to substantiate the
conclusion reached by the Council that the Association intended to
develop a marina. On the contrary, the files for prior
applications o~ the Association clearly indicate a cognizance of
potential overdevelopment and potential enviornmental problems and
a concern to move slowly and cautiously regarding docking
facilities.
The aforementioned application was
increase the length of the catwalk from
recommendation from the Department of The Army.
subsequently amended to
16' to 20' pursuant to a
The Department of
the Army subsequently approved the application (Exhibit 5). The
application to the Board of Trustees was recently revised to comply
with the recommendations of the New York State Department of
Environmental Conservation (Exhibit 6). The amended application,
however, does not alter the total number of boats to be provided
for by the docking facility - two pre-existing docking slips will
continue in a new configuration and four new slips will be added.
The Board of Trustees, acting as lead agency, rendered a
negative declaration under SEQRA (Exhibit 7) thus apprarently
confirming the non-deleterious nature of the project as evidenced
by the prior approvals of both the Department of The Army and the
DEC.
The instant application appears before this Board as the
result of a letter from the Board of Trustees in March, 1992 which
advised applicant that an interpretation of Section 100-31 C (3)
(a) was required before the Board of Trustees could proceed with
the application
that time
government
(Exhibit 8).
successful
Applicant has been attempting since
to obtain such an
move slowly and applicant has
in proceeding before this Board.
QUESTIONS PRESENTED
1. Does Section 100-31C (3)
interpretation but the wheels of
only recently been
^,or
(a) limit the number of docking
or mooring facilities that an owner can provide for the owner's own
use and/or for use by others?.
Applicant belieQes the code is quite clear on this point.
3
The owner of a docking facility under the above section may dock
as many boats as the owner owns and uses but the number alloted
for non-owners is limited to two boats in addition to those of the
owner.
2. Must title to the unlimited number of boats allowed to an
owner be vested in the name of the Association itself to qualify
as an "owner's" boat?
Applicant contends that the nature of a membership
corporation, the status of a corporation under New York law, and
this corporation in particular, coupled with a common-sense
approach to interpreting the code's words must result in a
determination that title to the boats to be docked need not be
vested in the name of the Association to qualify as owner's boats.
POINT I - THE CODE ONLY LIMITS THE NUMBER OF BOATS AT ANY GIVEN
DOCKING FACILITY TO TWO FOR THOSE OWNED BY SOMEONE
OTHER THAN THE OWNER OF THE LAND
Section 100-31C (3) (a) provides:
(a) "...There shall be docking or mooring facilities
for no more than two (2) boats other than those
owned and used by the owner of the premises for
his personal use..."
The phrase, while admittedly cumbersome, can be interpreted
in only one manner. An owner can provide docking facilities for
no more than two boats owned and used by someone other than the
owner. But, the owner retains the ability to dock any number of
boats owned and used by that owner.
4
This Board in 1981 rendered a decision with regard to an
application for a Special Exception under the prior code Section
100-30B (9) (a). The request and section are different from the
suject application. However, the words to be interpreted are the
same. This Board's decision (Exhibit 9) stated that the code
"permits boat docking, mooring or accommodation of non-commercial
boats for no more than two boats other than those owned and used
by the owner of the premises for his personal use". The question
regarding the number of boats arose then, as it does now, because
of questions raised in the initial application process before the
Board of Trustees regarding docking space for non-family members.
This Board ultimately found that applicant could dock no more than
two boats other than his own.
Thus, the wording is abundantly clear. The owner may dock an
unlimited number of boats but is restriced to a maximum of two for
those owned by others.
POINT II - BOATS OWNED BY MEMBERS OF THE ASSOCIATION
QUALIFY AS "OWNERS" BOATS UNDER THE CODE
Section 1D0-13 of the Southold Town code defines an owner as
follows:
"Includes the duly authorized agent, attorney, purchaser,
devisee, fidicuary or any other person having a vested
or contingent interest in the property."
Section 100-13 defines a Homeowners Association as follows:
"A community association, including a condominium
association which i.s organized in a residential
development in ~hich individual owners have a
shared interest in the responsibility for open
spaces or facilities"
5
By the terms of the two definitions the applicant, a
homeowners association comprised of individual owners, has
responsibility for common facilities in which they share an
interest. That shared interest is a vested and contingent interest
in real property, namely, the land to which the docking facility
will be attached. The individual because of his/her membership in
the association has a contingent interest, that is one based on
membership, in the Association's vested interest in real property
that is shared with other members for which all are responsible.
Just as the members of the Association would be required to share
the cost of any assessments against the Association because of
their responsibility for its actions, they are conversely entitled
to the rights of that ownership by reason of their vested and
contingent interest in real property. To interpret the code
otherwise is to apply the definitions in the code differently to
similarly situated persons and render unequal treatment. For
example, if four people bought property in a partnership name
utilizing the address of the property-100 Main Street Associates-
and each owned a boat in their individual names would they be
barred from docking because they did not qualify as owners?
The term "corporation" is not defined by statute in New York.
However, in the early years of this country the United States
Supreme Court defined a corporation as an "artificial being,
invisible, intangible, and existing only in contemplation of law".1
It was thereafter described by a New York court as a collection of
individuals united in one body.~ This corporation comprised of
homeowners is a collection of individuals united in one body, the
members own the corporation and the corporation existing only in
contemplation of law, is merely a shell to house the members
themselves.
CONCLUSION
The Association owns the land at which the docking facility
is to be constructed. The Association is comprised of its members
who are in turn the owners of the Association. Membership creates
a vested interest in the land which the Association owns thus
qualifying the members as "owners" under the code's definition of
that term. As owners, they are entitled to an unlimited number of
boats at a given facility attached to land they own and are not
limited to the two boats of non-owners. The four new boat slips
1Trustees of Dartmouth College v. Woodwood (1819), 17 U.S.
518.
z People ax rel Bank of Watertown v. watertown, Hill 616, 2
Hill 353, 25 Wend 686.
to be provided for are well within their limits especially in view
of the approval of other agencies who do not see the facility or
the number of boats as burdensome on the environment or
aesthetically unpleasing to the eye.
Dated: February 22, 1993
Greenport, NY
Respestfully submitted
ONGIONI & BORRELLI
Attorneys for applicant
3£c, cleth, e
seventy-four
day of. July ~rineteey, tIf[~.d, recl ancl
GARDNERS BAY COblPANY, INC., a corpo_atlon organized
under: thD: ]~aws of the State of New York, having its principal place of
business at 120 Rock.'~way A~enue, Rockville Centre, N.Y. ].1570, Party
of the First Part, ..~ . c
I' ,: ; part of the firs.~ /tart, ancl
GARDNERS BAY ESTATES CLUB, ,INC., a membership corporation under
law~ of the state of New York, having its principal place of business
at GardneK/s Bay' E~st~tes, East Marion, N. Y. 11939,
part Y of tl~e second part,
. first part, i~* consideration.
TgN aug 00/100 ($10.00).-7- ................................... %Ool{ar
f'¢~ 10.00 ;: ) l~zo~l m~riqy of tl~e ~ited States, and other good and
valuable,'coffsidera~%on, paid by the pc*rt y of tl, e seconcl p~rt,
do 'eshereby remise, release, and qt~itcla~m unto the pa~'t y of the seconcl pa~,
its successors and assigns forever, all Chose ce~thin plotq:, piec9s or
parcels of land, situate, lying and being at East Marion, in the Town
of Southold, County of :Suffolk, State of New York comprising all
land, rights and appurtenances coqveyed to the Party of the First Part
by Deed recorded in the Suffolk County Clerk's Office in Liber 1123
cp 222, including but not limited to all the streets, roads, lanes,
drives, circle,, courts, p~ths, rights of way, strips including: the ,one-
foot strip of ~and bordering the following filed maps on the westerly
boundary thereof, and the two-foot strip ,of land bordering the follow-
ing filed maps on the easterly boundary'~hergp~;ibeaches, "Beach for
Use of ~o%1 Owners?, ~- Fox Island, bulkheads, bridge, lands lying under
water, ;including the land under the waters known as "Spring Pond"
and its tributaries and channels, and riparian rights as shown on the
following three filed maps:
1. Gardiner's Bay Estates Sec. i}l filed 9/23/27. ~255
2. Gard[ner's Bay Estates Sec:.~2 filed 9/23/27, ~275 : '
3. G~rd~ner's Bay~Estates Sec, $3~filed 4/24/68 ~5083~ .
bur excepting therefrom (i} any descript~ve parcels heretofore conveyeq
'by the Party of the First Par~ ou~ of sa~d land; .an~ .(2~ all %he lots
as shown on ~he above referred to map~ which exception ~hcludes the
following lots title %o which is retained by the Party of the First.
Part: lots Nos. 16, 15i, part of lot 153, 156 thru 160 and 167 thru'
172, as-shown on Map of Sec. ~2, and lo~ 173 as shown on Map of Sec.
~3
The Par~y~ of the Eirs% Par~ conveys ~o ~he Party of the.SecQnd-
Part allzof.its..righti ~itle and interest in Old Orchard Lane running
northerly from within the .said filed maps to the Main Road, and all
of its right, title and interest in Cedar Lane running from the north-
westerly section of the aforesaid map known as Gardiner's Bay Estates
Sec. ~2,,..running northerly then easterly and again~northerty to the
Main Road and lying between the land conveyed by the Party of the Firs!
Part,to Wayland C. Brown and Bertha K. Brown, his wife, by deed
in the Suffolk County Clerk's office in Liber 2225 cp 270, and
to.a survey made by Otto W. Van Tuy~, Licensed Surveyor, Greenport,
~.Y. 12/4/41.
The Pa~tyTof~t~e Eirst Part further hereby assigns, transfers and
conveys..to.the-.Party of~the.'Second Part ~ny and all rights to the main-
tenance-.fees for the "Beach for Use of Lot O~.~ngrs" (as shown on said
filed, maps) fo..become due annually from all of the lot and fee owners
as referred to,in the reservations and covenants recited in the Deeds
from.the Party of the First Part to the iot and,fee owners, or their
predecessors in title, and the ri.ght to collect the same commencing
with the year January 1, 1975.
The Party of the Fir~tiPart further transfers and assigns to t~e
Party of the Seco~ P~rt'any:gnd'~ll rights to and enforcement o'f al~
the covenants and restrictions running with the land, including use an,
building restrictions, as set forth in the Deeds to' the Lot and f~e
ers, or-their predecessors in title; the Party of th~ S~cond Pa~t ~9
substituted for the Party of the First Part, as set forth in the Deeds
from:the Party Df th~ Firs~'~art to the lot and fee owners.~ ~r %'he~r''
predecessors~in, title. · .... .
"' There]shall ibe excepted from this conveyance by th~ ~art
F~rst Part to. the Party of the Second Part the..following:
1. The Party'of the First Part shall retain title to the.~wo-fo0t str~
bordering Lot 1 on the east from the mean high water mark to a'point~
where the northerly line of Oak Court extended eastward, meets the
easterly line of said strip.
2. The, Party of the First Part shall retain title t6 Beach Court from
the b~undary line between lots 155, 156 extended southerly to the
westerly end of Beach Court.
3. T~e Party of the First Part shall retain title to Cedar Lane from
t~e boundary between lots 150, 151 extended westerly to the southerly
end of Cedar Lane.
4. The Party of the First Part reserves the right to cut a road runniI
easterly thru lots 151, 153 from Cedar Lane to Pine Place.
The following conditions pertain to the conveyance:
5. The lots on filed Map of Gardiner's Bay Estates Sec. %2 and #3 whic
are presently owned by the Party of the First Part shall be exempt'fro~
payment of the annual fee of $5.00'for "Beach for Use of Lot Owners" sc
long as. title thereto remains in the Party of the First Part, and said
lots shall retain all the rights and privileges of the lots heretofore
conveyed,.
6. 'Lots 1, 2, 3, 4, 16-,. 31, 50 and the northerly hal~f, of L~t. 49 shall
be exempt from the annual p~yment of $5.00 for the "Beach for Use of Lc
Owners" for such period of time that they are owned by Frank S. Thorp,
or Lois Johnson Thorp, or Gladys D. Hicks, or their respective dis-
tributees.
7 No structure may be erected on the "Beach for the Use of Lot Owner~
8. No residential structure may be erected on Fox Island or within
Knoll Circle.
9. The annual $5.00 fees for "Beach for Use of Lot Owners" which are
unpaid for. the years prior to January 1, 1975, remain the property of
th~ Party of the First Part and any such fees as may be collected by
the Pa~ty of th~ Second Part will be remitted to the. Party ~f th~
It is the intention by this Deed to convey to the Party of the
Second P'art all broperty and rights Still remaining in the said Party
of the First Part as contained in Deed recorded in the Sqffo~k County
Clerk's office in Liber 1123 cp 222, together with all covenants and
restrictions running with the land as contained in the several.deeds
from the Party of the First Part to the several lot and fee owners,
or their predecessors in title, except as limited by the preceding
provisions of this deed.
p~rt y of. ~ke flrs~ part in and to said pretenses,
estc~te and rirjhts of the
of t~e second part, ±ts successors and assigns forever.
The Party of the First Part, in compliance with Section 13 of the
5ien Law, covenants that the Party of the First Part will receive the
consideration for'this conveyance and will hold the right to receive
such consideration as a trust fund to be applied first for the purpose
of pdying ~he cost of %he improvement and will apply the same first to
the payment of the cost of the'improvement before using any part of the
total of the same for any other purpose.
]wre~nto set its hand and seas the day and year ]first above written.
T
GARDNERS BAY COMPANY, INC.
By
this
day of. 3Yinetee~ I~endred and
be£ore me, the szebscriber, personally appeared
to ~e perso~tttlly known and know~ to ~e to be the san~e person
in, and who executed the withi~ Instr~eme~t, and he
acknowledged to ~>,e that he exec~tec~ the
described
STATE OF NEW YORK) ss.: : ........................... --~ ..................
COUNTY OF SUFFOLK)
· ~/~ ~ ,.~ ~ ;I / ,,
on the g~'~. day of July, 1974 before me came LOI,S 'JOHNSOn,/
THORP to m~ known, who, being by me -dh-l~-'~5, di~-~ep----o-s.-~-~-d~'-~-~'
that she resides at No. 120 Rockaway Avenue, Rockville C~ntre,' ~ew
York, that she is the President. of Gardners Bay Company, Inc.,
the corporation described in, and which executed, the f0·~egoin~".
~ns~rumen%; that she knows the seal of said corporation~ that th~ ~',
seal affixed %o said instrument is suc. h corporate s.eal; tha~.~%~as
so affixed by order of the board of directors of sa~d corporation;
and that she signed her name;, thereto by ~yer~y//---'
Record and return to:
Duncan E. Longworth, Esq.
610 Bayview Drive
East Marion, N. Y. 11939
EXHIBIT 2
, ¢ ¢
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939- 0004
January 21, 1992
OF SOUTHOLD
Board of Trustees
Town o£ Southold
Southold, j~y 11971
;)ear "' '--
On October 19, 1991, the :~oard of Directors of Gardiners
,Bay Estates Homeowners Association, Inc., resolved to
place a four slip floating dock in .Spring Pond, on the
Dogwood 2oad right of way. The land and the pond bottom
is fully owned by the Association. It is the widest
Association right of way on the shoreline of the pond
(187' at U.'~).
J/e are enclosing, herewith, our applications £or the
necessary permits.
Our boat rules do not allow flushing of toilets or
sleeping on boats overnight. The ~,!arine Committee has
made a determination that "hoars with operatable, flush
overboard, marine toilets will not be permitted to dock
or moor in Spring Pond".
Je look forward to receiving a favorable review of the
attaci~ed permit applications.
Yours truly,
GAROI ERS BAY ESTATES Ho'~'~''aw~I'v;~~_ ~,,,._~..~ ASSOC. ,
Lawrence J. Yatz'en
~ ',arine Chairman
I~!C.
~nc.
TRUSTEES
John M. Bredemeyer. 1II, President
Henry P. Smith. Vice President
Albert J. Kmpski. Jr.
John L. Bednoski. Jr.
John B. Tuthill
Telephone (516) 765-1892
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
~ld. New York 11971
x (516) 765-1823
lone (516) 765-1800
'TOWN OF SOUTHOI.D
APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK
COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS,
ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS,
FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF
PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD.
APPLICATION NO.
APPLICANT'S NAME:
MAILING ADDRESS:
AGENT: Lawrence J. :~atzen
AGENT ADDRESS:
PERMIT REQUESTED TO: Applicant proposes to
DATE January 1l~, 199a
Gardiners Bay Estates Homeowners
iSSIl. · Ti'lC, TEL. NO. 477-~67~
BOX %2~ !~o~wood La.~ [~ast ?arion, UY 11q59
TEL NO. ~77-9675
7,:sst !~arionr EY 11939
construct a 3'x16' catwalk
(elevated &' over grade); )'x16' ramPl 4'x2~' float
and ~ piles; also, move existing catwalk 12' east;
riffht of w~y end pond property,.
with 2 - 3'xl4' fingers
all work on Assoc~_~{tlon
LOCATION OF PROPERTY FOR REQUESTED PERMIT:
TOWN: Southold
TAX MAP NO: 1000- 037-4-17
'CREEK. BAY OR HARBOR FRONTING PROPERTY:
SIZE iF PROPOSED WORK:
LENGTh: Catwalk 16', :.~.~p !b', Float
Orient
.... '"~-" 3' Damp 3' Float 24'
WIDTH: .,d. ~., ~1 ,~ , . ,
~p. Page 2.
YDS. TO BE EXCAVATED: gone YDS. TO BE FILLED:
MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED:
WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY:
DEPTH AT LOW TIDE: ~t AVER. RISE IN TIDE:
DISTANCE TO NEAREST CBANNEL: ~.OO' to".ttl~Lead' ' Channel
Fro2n 90' to 500'
2.6 '
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: avePage same
AREA ZONING: residential IS PROJECT FOR PRIVATE OR BUS. USE: Private
INTENDED USE OF PROPERTY: Private, As~oc±ation recreational boat dockinS
DESCRIBE KNoW/~ PRIOR OPERATIONS CONDUCTED ON PREMISES: Private~Asso6iation
boat doc?in?{ and launcilin~.
HAS ANY PRIOR LICENSE OR PE~4IT BEEN ISSUED TO ERECT STRUCTURES, DREDGE,
OR DEPOSIT FILL ON SAID PREMISES: Yes
. HAS ANY LICENSE OR PEPJ4IT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNblENTAL
AGENCY:
DESCRIBE FULLY THE REHABILITATION OF PROPERTY:
17one expected
DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE
AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: ~':;;~'"~ ~xeop~ ~iddc'd
16' catwalk.
ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROIIIBIT
THIS PROJECT: 7'0
WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT:
COUNTY OF SUFFOLK )
STATE OF NEW YORK )
Lawrence 3. ['[atzen
BEING DULY SWORN DEPOSES
AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND
THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE
AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS
APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN
TRUSTEES HAPJ4LESS AND FREE FROM ANY AND ALL DAb~GES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED.
IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR
AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PRE[qISES
IN CONJ~ICTION WITH REVIEW OF THIS APPLICATION.
Signature of Append'ant
SWORN TO BEFORE ME THIS
EXaminED B~
~ROVED
DAY OF
DISAPPROVED
CONDITIONS (If any)
SIGNATURE OF CHAI~4AN
COMPUTATION OF FEES
Approved 2/27/85
, ( . (
PART 1--PROJECT INFORMATION
Prepared by Proied Sponsor
NOTICE: This(loci.trent i~ designed tn assisl in rlelermi-inRwhether tim action proposed may have a siRnificanleHect
on the environment Plens~ complete tim entire fo,n, Parts A throuRh E. Answers to these qtm~tions will be considered
as part o[ lhe appli(alion fl- npprowd and may he ~Nbject to fuHl,-r verification and public review Provide aRV additional
informalion you hell,w, will he ne~,ded to complete Palls 2 and ]
II is expected Illal oomph.lion of Ihe lull EAE will be depondenl on information currently available and ~ill not involve
new studies, research or invesliRation IJinformalionrequirinRsuchadditi°nalw°rkisunavailable's°indicateandspecify
each instance.
ADDRESS
CITY/PO
STATE J ZIP CODE
NAME OF OWNER (If dlll~e.I) BUSINESS ZTELEPHONE
ADDRESS
CITY/PO
STATE J ZIP CODE
Please Complete Each (Tueslinrt--Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developecl and undeveloped areas.
1. Present land use: []Urban Lqlndustrial L~CommerciaJ J~Residential (suburban) ~Rnral (non-farm)
[-]Forest OAgricuJture EJOther ,~c'~b~/e~ ,~l~ c~'~y 't P~WVVC
Z ToI~I acreaSe of pmject n~ea: ~_ _ acres·
APPROXIMATE ACR[A(;E PRES[NTLY A~T~R COMPLETION
Meadow or Brushland (Non-aRricultural) acres acres
A~Hcultu~al (Includes orchards, cropland, pasture, etc) ac~es ac~es
WetlandJFreshwaler or {idal as per ArlicJes 24, 25 of ECl.) . .01'5 acres ,o1~ acres
Water Stnface A~ea acres acres
tlnveRetaled (Rock, earth or fill) acres acres
Roads. bDilding~ and edger paved smfaces acres acres
Olher (Indicate lype)_ acres acres
.? Wbal is I)redomin,~nt soil type(~) on project s]lel 5W ~ b
a. Soil (haiRaBe: r]Well drained __/~O % of site []Moderately well drained % ol site
J]Poorly drained % of site
b If any aRrictfltutal lan~ i~ involved, how many acre~ el ~oil are classified wi[bin soil group 1 throogh 4 el Ihe NYS
land Classification System7 _ ~ acres (See 1 NYCRR ~70)
,I Are Ihere bedrock our roppinRs on proiecl sit~'! ( lyes ~No
a What is depth to bedrock? lin feet)
617.21
Appendix A
Slale Environmental Quality Reviev
FULL ENVIRONMENTAL ASSESSMEN
Purpose: 1he f,(I I:AI' i~ designed to help applicants and agencies deternrine,
or acfion may he significant I he question of whelher air action may he significant is not always easy to answer. Frequent-
ly. there are aspect!; of a protect thal are ~uhie(live or, unmea~utea~le. It is al~o unHer~tood ~hat those who determine
~ignificance may ha~e lillt~ or no formal En(~wledge of the envirr)nment or may he ledmically expert in environmental
analysis. In addition, many who have knowledge in ()ne parlicular area may not be aware of lhe broader concerns affecting
the question o~ siRni[i( nn(e
lhe hdl tAr is tnb,ruled Io provide a method whereby applicants and aRencie~ can he assured that the determination
process ha~ been ordeHv, (oml)reheusive in nature, ye[ flexihh, to allow introduction o[ inlo~ma[ion to fit a p¢oject or action
FulIEAF Components: ]he full EAF is comprised o[ three parts:
Parl 1: Provides ohjeclive data and information about a given project and its site. By identifying basic project
data, il assists a reviewer in the analysis that laEes place in Parts 2 and 3.
Parl 2: focnses on identifying the range of lw)ssihleimpactslhat may occur from a project or action. It provides
guidance n~ to wh~ther an impacl i~ li~ely lo he constricted ~mall to moderale or whelher it is a potentially-
large impact. 1he form al~o identities whether an impact can be mitigated or reduce.
Parl 3: If any impac~ in Part 2 is identified as potentially large, then Part 3 is used to evalnate whether or not the
impact is aclually importanL
DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisled Actions
Idenllfy Ihe Porlions nf TAF completed for lifts prnject: [] Part 1 [] Part 2 []Part 3
Upon review of the irrformation recorded on lhis EAr (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by Ihe
lead agency that:
A. The project will not result in any large and important impacl(s) and, therefore, is one which will nol
have a ~iRnilicant impad on the environmenL theref(.e a ne~allve decla~allon will be ~a~ed..
B. AId~ouRh the project could have a significant effect on I~e environment, there will .ot be a significant
eJlect for this Unlisted Action becat~se the mitigalion measures described in PART 3 have been require(I.
therefore a CONDITIONED negative declaration will be prepared.*
C. 1he protect may result in one or more large arid imi3orlant impacts that may have a significant impact
on the environ~lent, therefore a posilive de~l~r~lio~ will ~e preparea.
* A Conditioned Negative Declaration is only valid [or Unlisted Aclions
Name of Action
Name ol l.ead Ai;ency
Print or Type Name ol Responsible Officer in I.ead Agency
Title of Responsible OIficer
Signature ol R(!~pr)T3~ihle Officer in lead Agency Signatnre of I reparer (If different from responsible officer)
5 Approximate potentate of proposed project' site with slopes: [3040% ./00 % ~10d 5~ %
[315% or greater
6 Is ~roj~c~ ~uhqanfMlly confimmus lo. or contain a building, sile. or district, I~t~d on th~ State or the National
Registers of tlisloric I'tace~ ~Yes
7. Is project ~uhstanliallv (onli~nons lo a site hsled on the Re~iqer of Nnliooal Natural I andnlafks? ~Yes ~No
8. What is lite deplh of tJ~, water table! T/D~ (in feet)
9 Is site located over a primary, principal, or sole source aquifer? E-aYes ~No
10 go hunlinfi, fishtail or shell fishinR oppodunilies preseotly exiq in the project area? LgYes ~No
11 Does protect site (onlain aoy Hmcie~ o[ plant or animal life that is identified as threatened or endanBered?
[ IYe~ ~N~ Accordinn to
Idenlilv en(h ~pecies
12. Are there any nniqu- or unusnaJ land forms on the project site? tie., cliffs, dunes, other ~eolo~ical Iormations)
~Yes ~No Describe
13. Is the project site presently used by the comnronity or neighborhood as an open space or recreation area?
LiNe If' yes, explain /~,;~O/~',DO(,,~.i~,~ C,-- ~ ~O~C ~.]~
14 Ooe~ Ihe p~esenl Rite include scenic views known to he important to the community? L
15. Streams wilhin or Collliguons to project area: ~ ~ ~-
a. Name oJ Slream and name el River to which it is lrihutary
16. Lakes, ponds, wetland areas within or conUguous to project area:
a. Name ?,~?/'Z//J~:- poZa'l)
17. Is the'sile served hy existing puhlic utililies1 ~Yes ~No
a) If Yes. does suffirienl capacily exist Io allow connection?
b) I[ Yes, will improvements be necessary lo allow connection?
b. Size (In acres)
[:]Yes EJNo
E]Yes [~No
18. Is tile sile located in an agricullural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? UYes ,.l~No
19. Is tire site located in or substantially conliguous lo a Critical Environmental Area designated pursuant to Article
of the ECL and 6 NYCRR 6177 ~Yes ~o
20 Itas the site ever been used for ll~e disposal et solid or hazardous wasle~? ~Yes ~No
B. Project Descriplion
1. Physical rlinmnsions and scale of project (fill in (limensions as appropriate)
a. iolal Cootiguous acrea~]e owned or conlrolled hy project sponsor
b. Projecl acreage to be developed: ,ot~ acres initially;
c. Project acreaRe fo remain undeveloped p/~ acres,
d. Length of proj('cl, in miles: ~J//r (1[ appropriate)
e. Il Jhe project is mi expansion, indicate percent o~ expansion proposed /
f. Nulnl)er Of 0(( sheet parking spaces exislinR ~ ; proposed
g Maxinlllm vehicular hips generated per hour ' ~/~ (opon completion o[ project)?
h If ~esidenlial: Numhe[ and type o[ housin~ unils:
One Family lwo Family Multiple Family
Ultimately
i. Dimensions {in tcet) of largest proposed ~trnctore ~//~ heighl; widlh;
i. linear tee~ of (footage along a public Ihorouglffare .project will occupy isl
3
~:> acres. /~-¢~"' ,w-,Z,~/~ ~
,~ O /'~ acres ultinlately.
Condominium
length.
ft
2. I Iow much nn urnl mntenal (i e., rock. ~rth, etc,) will be removed from Ibc site? (7 ' t~nslcubic yards
3. Will dislurhed areas be reclaimed? [~]Yes ~No ~N/A
a If ye% for what intended purpose i~ the ~ite being reclainmd?
b. Will topsoil be ~to(kpiled for reclamation~ ~Yes UNO
c Will upper ~nbsoil be slockpiled for reclamafiorff ~Yes
4. IIow many ac~es of ve~elalion (lree% shruhs, ground cover~) will be removed from 5ileT (~ acres.
5. will any mMore foresl (over 100 year~ old) or olher locally-important vegetation be removed by this p¢ojed~
DYes
6. If single phase project: Anticipaled period of construction / months, (includinR demolition).
7. If multi-phased:
a. Total numher of phases anticlpaled ' (number)
b. Anlicipaled date of commencement phase 1 montb
c. Approximate complelion date of final phase month
d. Is phase I fundionally dependent on subsequent phases~ OYes ~No
8 Will blasting occur during constr~Jction~ ~Yes ~No
9. Number of lobs Renerated:"durin8 construction ~/]~ '; after project is complete
10. Number of jobs eliminated by this project
11. Will project require relocalion of any projects or facilities~ ~Yes ~No II yes, explain
12. I~ surface liquid wasle disposal involvod~ ~Yes
a. I~ yes, indicate type of waste (sewage, indu~lrial, elc.) and amounl
b. Name of walor body into which effluenl will be discharged
lt. I~ ~ubsurface liq,Jid waste disposal inw)lved~ ~Yes ~o Type
14. will ~urface area of an oxislin8 waler body increase o~ decrease by proposal~ ~Ye~ ~No
Explain
Year, (including demolition).
Year.
15. Is project or any portion of project located in a 100 year flood plain? E]Yes
16. Will the project generate solid waste? E]Yes
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? E~Yes E~No
c. If yes, give name ; location
d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain
E]Yes E]No
17. Will tile project involve the disposal of solid waste? E]Yes
a. If yes, what is the anticipated rate of disposal?
b. If yes, what is tile anticipated site life? years.
18. will project use herbicides or pesticides? EJYes ~No
.~No
tons/month.
19. Will project roulinely produce odors (more than one hour per day)? [~Yes [~No
20. Will project prod~Jce operating noise exceeding the local ambient noise levels? ~Yes
21. Will p~oiect result i~1 an increase in enmgy use~. (~Yes ~No
If yes , indicate lype(s)
22. If water supply is from wells, indicate pumpin~ capacily /~ gallons/minute.
23. lotal anticipalvd waler usage per day ~/J) gallonsJday.
24. i)oes project involve Local. Slale of [edmal lending? ~Yes ~o
I[ Yes, explain
gl,No
A "
25. pprovals R eq~,ire¢l:
Cib,', Town, ViII.L. lh,,,.d I~Yes ItlNo
City. Town, Village I'lamlin~ IIoa~d [_lYes []No
City. Town ZL, nln[! Itoard [lYes I]No
City. Counl~ II(.,,hh [3el)admenl [-]Y.s
Olher Local Agencn,~ [ 1Yes r
Other Regional Agen(il,~ E Wes LJNo
State Agencies ~Yes
Federal Agm~cies ~Yo.
Type
Snhmltfal
Date
/,/? z_
C. Zoning and Planning Information
1 Does proposed action involve a plannin8 or zoning decision? E]Yes .J~No
I1' Yes. indicate decision reqnir~d:
LJzonin~ amendnlenl [3zonin~ variance []special use permii []subdivision ~sile plan
J~lnewlrevision nj master plan tlr.smart, n]ana~emenl plan [J(~ther
2 What is Ih. zonin8 classificalion(s)oJ Ih. sile~ ~ ~
J Whal is Ih. maximum polenlial dev.lopmenl ot Ih. sile ii developed as permilted by Ih. present zoning~
4. Wha[ is the proposed zonin8 of the si[e?
Whal is Ih. maximum polenlial development of the sile ii developed as permilted by the proposed zoning?
.
6. Is the proposed action cansislent with the recomnmnded uses in adopted local land use plans/ ~Yes ~No
7. Wha~are the predominant land use(s} and zoning classifications within a % mite radius o~ proposed action?
8. IS Ih. proposed aclion compatible with adjoininB/su~roundin~ land uses wiJhin a t~ mile? ~es ~No
9. If the proposed aclion is Ih. subdivision o~ land, how many lots are proposed! ~/~
a. What is Ih. minimum Jot size proposed? __
10 Will proposed action require any aulJ~orizatJon(s) ~or tho Jormalion o¢ sewer or water dislriclsl UYes
11 Will Ih. proposed aclion c~tale a (JellJan(J ~or any colllmuniJy provided services (recreation, education, police,
fire prolection)? I )Yes
a. It yes, is existing capacily ~uJficienl 1o handle projecled demand~ ~]Yes ~JNo
12 Will Ih. proposed aclion resull in Ih. Rea.latium o[ lrafJic dgnificanlly al)ore present levels? ~Yes
a. II yes, ~s lira exisliJuj road nelw~.~ adequal. Io hnndh~ Ih. addilional lrMfic? L]Yes ~No
D. Informational Oelails
Allach any addilional infmmalinn as may Im needed Io ~laHfy your pmi~'cl IJ llmm are or may be any adverse
impacls associaled wilh yonr pu~posal, pi.as, discuss snch impa(:l~ and Hie measures which you propose lo miliBale or
awdd them
E. Verification
I rerliJy dial Ih. information provided above is true lo the Jmsl of my ~m~wlndRe.
IIIheactionismlheCoaslalArea~lyouareaslaleaRency, comple e hecoasla Asses~menlFormbeloreproceedlng
wilh this assessment.
5
Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE
Respnnsil)ililT o( Lead Agency
Gencral Informali¢)n IR~!ad (;,(!fully)
· In ¢ Cm)l)h'lh~ Ih(' {•tm Iht' r(,viewer d~ouhl h(. md(h,d hv lira queslion' Ilave nly r{,spon~f,~
reasonahle~ lira rovi~.~,r ~s nol oxp(,cted {o h~. an expml (,nvironl~enlal analyst
· Idenlif¥in~ lhal an impa(I will b~, polenli,dly Im~e I( ohnm~ 2} does not mean that it
Any large impa¢l muq he evahmled h~ I'&Ri I to d(,~ermine signi[icance. Identifying an impact in -(dmnn 2 simply
asks thnl il he looked ,H furihe~
· 1be Examples provided am lo as~iq dm u ~..w,.~ I)y showin~ types of impacls and wherevor po~clhle tho Ibreshold of
magnitnde that weald tri~er a ~e~pon~e in ~ olnmn 2. Ihe examples a~e generally applicable throughout the Stale and
for most situations But, [or any ~pocific project or ~ite other examples and/or lower thresholds may he appropriate
for a Potential I.aree Impact response, thns requiring evaluation in Part 3.
· The impacls DJ each project, on each site, in each Iocalily, will vary. ThereJore, the examples are illustrative and
bare ~een o[fered a~ 8uidnnce '1 hey do not constitute an exhaustive list of impacts and thresholds to answei each question.
· The number of examples per question does not indicate the imporlance of each question
· In identiJying impact% consider long term. short term and cumJative eifects.
Inslrndions (Read careiully)
a. Answe~ each of the H) questions in PART 2 Answer Yes if there will be any impact.
c. If answorinR Yes to n q~mqion d~(,n cl,,ok (he apptoprinle box {column I or 2) ~o indlca~e [he potential size of the
impact liimpact thH'dloldequal~orexceedsanyexampleprovided, check cohmm ~. lf impact will occur but threshol(I
d I( reviewer has (Ioubl a}~oul size of lhe impact Ihen consider the impact as potentially large and proceed to PARI
e. If a potentially larl~e impact checked in column 2 c;an he mitigMed by change(s) in d~e project Io a small to moderate
impad, also check the Yes box m column ] A No response indicates that such a reduction is not possible This
mus~ be explained in Part 3.
IMPACT ON LAND
Will tire proposed action result in a ph,/~ical change to the proiect site?
[JNO OYES
Examples Ihat would ap.[dy to column 2
Any construction on slope~ of 1S% or gre~ler. 05 foot rise per 100
foot of lenglh), or where the general s~opes in the project area exceed
Con;lruclion on land where, the del)Ih lo the water table is less than
3 feet.
Conslruclion el paved parking area for 1,000 or more vehicles.
Conslruction on land ~vhdre bedro(k is exposed or general{y within
3 (eel of existing gtolJnd
Constructim~ Ihat will confint~e for mom than 1 year or involve more
than one phase or qage
Excavation for mininR purposes that wonhl ~emove mote than 1,000
Ions of nahlra[ material (i e. rock or soil) per year
Constrt~clion or expansion o[ a sanitar~ lamlfill
Construction in a designated floodway
Other impacl~
Will Ihere t)e an efioct to any unique or nnust~al land forms Iouml on
tho site? (i e. clilfs, dunes, geological formations, etc }UINO L]YES
~l)e(iJic land forms:
I 2, 3
Small to Potential !Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] KIyes []No
[] [] ~lVes []No
[] [] OYes ONe
[] [] [~}¥es ONe
[] [] OYes E3No
[] [] [OYe~ •No
[] [] OYes ONo
C~ [] OYes ONo
0 0 OYes ONo
IMPACT ON WATER
Will proposed ;ir ti(m alle(:t any water bo(Iy designated as protecl(.d;'
(Under Articles I~, 2,1. ~ o~ the Environmental Conservation I aw.
I)ev~h~pahle are~ .f ~i~. co.tai.~ ~ protected water hody.
Drecl~i.~ more than I00 (uhic yards o~ maleriM ~rom channel oJ a
protected qmmn
txl~nsion af ulilily (liqdhufion Ja('ililies through a prolecled waler body
Construction in a d~,~imh~ted freshwater or tidal wetlm~d
OIher
Will proposed acli~m affect any non-protected existing or new body
of water? []NO E]YES
Examples that would apply Io colunm 2
A 10% incrense or decrease in the surface ~rea of nny body ot water
Coustruclion of a body of water that exceeds I0 acres of sorface area.
OJher impacls:
Will Proposed Action affect surface or grouodwater
quality or ¢luanlity~ []NO OYES
Exa,rple~ Ihat would apply to column 2
Proposed Action will require a discharge permiL
Proposed Aclion requires use of a source oJ water thai (Joes not
have approval to serve proposed (I-OjOCl} action
Propn~e(J Aclion reqtdres water supply [rom wells wilh g~eater than 45
~alJons I)or minute puniping capacity.
supply syslem.
Proposed Aclion will adversely aJJecl ~mm~dwale~.
Liquid effluent will Im conveyed o[t [he sil~ 1o f~cililies which presenlly
do not ~xist or h~ve inadP(ll~al~ capacily
day
Proposed Aclion will li~ely cause siltalion or ollmr (lis( barge inlo an
existing ho(ly o[ wale~ to Jhq exlenl Ihat there will he an obvious visual
¢ontrasl 1o natural condilions.
Propo,e(I Action wiJJ require lira slorage of I)~l~oleum or (heroical
products 8realer lhan 1.100 ~allons
Prol,)S~d Ar:lion will allow residenlJal uses in areas wiJhout wale[
Pfopose(J Aclion locales commercial ah(lJor industrial uses which may
require new o¢ expnn~inn oJ exislin8 wasle lreatme'nt andJor s(ofa~e
Olho¢ impacts:
Will I)ropo~ed a(tion aller drainage flow or pattmn% or ~t. fnce
water rtmoff~ []NO []YES
Examples Ihat would al)ply lo (:ohJnm 2
I~rol)O,e(I A( lio,~ wo,hl (hnn~e Ilood water flow~
7
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
hnpact Impact Project Change
O L] OYe~ ONo
[] U []Yes EINo
0 FI OYes ONo
[] L] OYes J~Nn
[] O OYes ONo
D FJ lives ~No
~ ~ ~Yes ~No
~ 0 OYes ~No
~ ~ ~ves ~No
~ ~ ~Yes ~No
~ ~ ~Yes
~ ~ ~Yes ~No
~ ~ ~Yes
~ ~ Wes ~No
~ ~ gVes ~No
O ~ ~Yes
~ ~ ~ves ~No
· Proposed Action may cause su}rslanlial erosion
· Proposed Aclion is incompalil)le wilh exislinR drninn~e pallorns
· I'r~posed Ad)on will allow (level•pineal in a desiRnaled do•alway,
· Oilier impacts:
IMPACT ON AIR
7 Will pr•ir•sell ocli•, alfect air quality? E.tNO EYES
Examples Ihal woul(I apply to cohmln 2
· Proposed Aclion will induce 1,000 or more vehicle Irips in any given
hour.
~ Proposed Action will ~esult in the incineration of more th~n 1 ton of
refuse per hour.
· Emission rate of totat conlnminanls will exc.ed 5 lbs per hour or a
heal source p~odncinR more than 10 million IllU's per hour
· Proposed actio, will allow an increase in lhe am•ual of land corem)tied
1o industrial use.
· Proposed action will allow an increase in lhe densily of induslrial
development wilhin exist)nB industrial areas
· Other impacts:
IMPACT ON PLANIS AND ANIMALS
Will Proposed Action affect any threatened or erl(larlgered
species! I~jNC) L]YFS
Examples Ihat would apply Io colunlrl 2
Reduclion of one or more species lisled on the New York or Federal
list, us)aR Ille sile. over or near site or found on the site.
Removal of any por[ion of a crilical or sisni[icnnt wildlife hal))Iai.
Applicatioo of pesticide or herbicide more than lwice a year, other
than for agricultural I)urpo~e.s.
OIImr impacls:
Will Proposed Aclion subslantially affect nor) lhreatened or
non-endntrgere¢l specles,~ llNO [~]Y E S
Examples that woul(I apply lo cohmm 2
Plopo~,d Aclion wotrJ(J sul)stanlialJy inlerfere wilh any resident or
migralory fish. sl~elllisll or wildli[e species
Proposed A( lion requires the removal of more than 10 acres
ol mature foresl (over 1(10 years of a~e) or ollmr locally imp(Jrlnnt
IMPAOT ON AGrICULTUrAL LAND ~ESOU~CES
10 Will tl~e Proposed Aclion affect agricultural land resources~
[~NO ~YES
[~amples Ihal w~uld apl)fy to column 2
iile I~[OposeJl aclion would ~ever. cross or Jilnil acces~ Io n~icuJh~raJ
land {includes cropland, hayfields, pasture, vineyard, orchard; elc )
8
1 2 3
Small to Polenlial Can tmpacl Be
Moderale Large Miligated By
Impact Impact Project Change
O [] EJVes []No
O 0 OYes ON•
O [] [~]Yes ON•
O [] J~]Yes []No
[] 0 []Yes •No
0 ~ OYes gNo
~ ~ OYes ~No
0 ~ OYes ~No
g ~ Wes ~No
~ ~ ~Ves gNo
g ~ Wes UNo
[] ~ gV~s ~No
g ~ Wes UNo
· Construction activity wouhl excavate or compact lite soil profile of
a~4ricultural land
· The proposed action would irreversiJfly convert more than l0 acres
of n~ricuItural land or. if located in an ARricuIhHal District. more
tban 25 acres of amicultural land
· The proposed aclion x~uJd disrupt or preven~ installation of aRrict.llural
land management ~yqrm~ (e R., subsurface drain lin~s, outlet ditclms.
field Io drain pooHy due lo increased runoff)
· Other impacts:
IMPACT ON AESTHETIC RESOURCES
1! Will lrroposed action affect aesthetic resourcesl UNO r~yEs
(If necessary, use tile Visual FAF Addendrm~ in Section 617.21,
Appendix B )
Example~ that would apply to cohnnn 2
Proposed land uses, or project components ol)vioudy diHerent from
or in sharp contrast to curreut 5urrotJndin~ land use patterns, whether
man-made or nalural
Proposed land uses, or project components visible to users of
aeHbetic re~ource~ wblcb will eliminale or siRni'ficantly reduce their
enioymenl o[ lbe a~sdmlic qualifies o[ thai resource.
Pro,ecl ~olnponents thai will result in the eliminalion or siRnificant
5creenin~ of scenic views ~nown 1o he importm~ ~o Ihe area
O~ber impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed ^trio. impact any site or structure of historic, pre-
historic or paleontological importance? [~NO [-]YES
Examples that would apply lo column 2
$ Proposed Action occurrb~R whc~lly ~r partially within or ~td)~tanlially
conti~uons to any facility or site liqed on [be State or National ReRister
o[ hisloric place~
· ~ily impact to an archaeological site or fossil had located wilhin the
project site.
· Proposed Action will occur in an ar~a desi~nnted n~ sensitive for
arcbaeolnRical sit~,~ on the NYS Site Inventory
· Other impacts:__
IMPACT OH OPEN SPACE AND RECREA11ON
13 Will I~mposed Action affect Ihe quantity ¢)r quality of exiqinR or
[xamplcs that wouhl apply to column 2 []NO []YTS
· Other impacts:
g
1 2 3
Small to Potenlial Can Impact Be
Moderale Large Miligaled By
Impact hnpacl Projecl Change
[] [] OYes []No
[] [] [~Yes []No
[] [] []Yes []No
[] [] []Yes ~]No
[] [] [~Yes []No
~ ~ ~Yes gNo
~ 0 OYes ~No
[] ~ ~ves ~No
~ ~ ~Yes
~ [J ~Ves ~No
~ ~ ~Yes ~No
~ ~ ~Ves OHo
~ [~ ~Yes
~ ~ OYes ~o
~ ~ ~Yes ~No
IMPACT ON TRANSPORTATION
14 Will there be an effect to existing transportation sysl~ms?
[3NO [:]YES
Examples Ihat would apply to column 2
· Alteration of presen! patterns o[ mov.menl o[ people and/or ~oods
' Proposed Action will result in maior Ira[ftc prohlem~
· Other inlpa~ts:
IMPACT ON ENERGY
15 Will proposed action affect tile community's sources of fuel or
energy mpply? LgNO EYES
Examples Iha[ would apply to column 2
Propo~ed Action will cause a grealer than S% increase in the use of
mW form of energy in tim municipalily
Proposed Action will requi~e the creation or ext.nsion of an enerffy
transmission or supply system ~[) serve more than 50 sinRle or two family
residences or ~o serve a major commercial or industrial
Other impacts:
NOISE AND ODOR IMPACTS
16 Will there he objectionable odors, noise, or vii)ration .Is a result
o[ the Proposed Action? I~NO [_.]YES
Examples Ihat would apply to colunnt 2
Blasli,g wilhin 1.500 feet of a hospital, school or othe~ sensilive
facility.
Odors will occur routinely (more than one hour per day)
Proposed Aclion will produce operaling noise exceedin~ the local
ambient noise levels for noise outside oJ slrnclure~,
Proposed Aclion will remove natural Barriers Ihat woHld act as a
noise screen.
Other impacts:
IMPACT ON PUBLIC HEALTH
17 Will Proposed Action ~ffect public health and safety?
[gNO OYES
Examples Ihnt wouhl apply to col•mn 2
suhstances (i.e. oil. pesticides, chenlicaJs, radiation, etc)in Ihe evenl of
accidenl or ups(Ti conditions, or there may be a chronic Iow level
discharge or emission
Prop•stol Action may reguh in die htnial o[ "hazar(Iot'~s waqes, in any
[omi {ie toxic, I)oisonou% highly m~ctive, radioactive, irritaling,
infeflions,
Sl()~a~P fncililies [o~ one, million or mom ~ all•ns o[ liquified natural
~a~ or other flammable liquid~
within 2.000 Il'el of a sile nsed for the disposal of solid or hazardous
Oilier impacl~:
10
1 2 3
Small to Potential Can Impacl Be
Moderate Large Mitigated 13y
Impact Impact Project Change
O O OYes •No
O O OYes []No
O [] OYes ONo
O [] []Yes []No
O O []Yes []No
[] O OYes []No
[] [] OYes •No
O [] OYes ON•
[] O []Yes •No
O O OYes ON•
O O []Yes
O O OYes ON•
O ~ ~Yes ON•
O g OYes
~ g gYes ~NO
U 0 ~Yes ~No
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
18 Will proposed action affect the character et Ihe existing commnnity?
~]NO ~YES
Examples that would apply lo cohntm 2
· The permanenl population of the city, town or village in ~vhicb the
project is located is likely to §row by more than 5%
· The municipal budget for capital expenditures or operatin~ services
will increase by more than 5% per year as a result of this project
· Proposed action will conflict with officially adopted plans or goals
· Proposed action will cause a change in the density of land use
· Proposed Action will replace or eliminate exislin§ facilities, structures
or areas of historic importance to the community.
· Development will create a demand for additional cocnmunity services
{e.g. scbools, police and fire, etc)
· Proposed Action will set an important precedent for future protects.
· Proposed Aclion will create or eliminate employment
· Other impacts:__
19
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] E-]Yes []No
[] [] []Yes E~]No
[] [] [:]Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] E~Yes []No
~ ~ ~Yes ~No
Is there, or is there likely to be, public controversy related to
potential adverse environmental mpacts,~ ENO EJYES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered 1o be potenlially large, even if the impact(s) may be
mitigated.
Inslructions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact
2. Describe (it applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change{s).
3. Based on the information available, decide if it is reasonable to conclude that tbis impact is imporlant.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversit I fy, iucluding permanently lost resources of value
· Whether lhe impact can or Will be controlled
· The regio gal consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the proiect relate to this impact.
(Continue on attacbmerrts}
11
EXHIBIT 3
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Kmpski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone' (516) 765-1892
Fax (516) 7654823
January 23, 1992
BOARD OF TOWN TRUSTEES
TOWN OF SOUTItOLD
SUPERVISOR
SCOTT L. HARRIS
Town Itall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Mr. John Holzapfel, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road
Southold, New York 11971
Dear Mr. Holzapfel:
Transmitted herewith is application No. 37-4-17 for a wetland
application submitted by Lawrence Matzen on behalf of Gardiners
Bay Estates Homeowners Association.
Please prepare a written report of findings and recommendations with
respect to this application.
Very truly yours,
John M. Bredemeyer, III
President, Board of Trustees
JMB: jt
EXHIBIT 4
Telephone
(516) 765-1S01
TO:
FROM:
DATED:
RE:
SOUTItOLD TOWN
CONSERVATION ADVISORY COUNCIL
Southotd Town Board of Trustees
Southold Town Conservation Advisory Council
February 25, 1992
RECOMMENDATION OF WETLAND APPLICATIONS
Town Il:H1. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
The following recommendation were made by the Southold Town Conser-
vation Advisory Council at its meeting held February 13, 1992:
On a motion by John Holzapfel, seconded by Bruce Loucka, it was
RESOLVED to recommend to the Southold Town Trustees disapproval
of Wetland Application No. 37-4-17 of Gardiners Bay Estates Home-
owners Association to construct a 3' x 16' catwalk--~-*- ~fevation),
3' x 16' ramp; 4' x 24' float with two (2) 3' x 14' fingers and
three (3) piles; also, move existing catwalk 12' east. All work
on Association's ROW and pond property.
The Council recommends disapproval because it has a policy of
one dock, with a capacity of four (4) boats on a single piece
of property. The Council does not wish to see marians developed
'by property associations.
Spring Pond, East Marion.
Vote of Counci: Ayes: All
Motion carried.
On a motion by Stephen Angell, seconded by Cynthia Sturner, it
RESOLVED to recommend to the Southold Town Trustees approval
of Wetland Application No. 122-4-32 of Robert ~fo~en to construct
an 8' x 24'floating dock with a 3' x 16' ramp using CCA treated
lumber. The Council approves provided the applicant contain
runoff and maintain nataural vegetation cn enbankments.
4500 Ole Jule Lane, Mattituck.'
Vote of Council: Ayes: All
Motion carried.
The Council tabled Wetland Application No. 113-6-8 of Joyce
Beckenstein Lakin to add a second 6' x 20' float plus one 8"
diameter pile to existing dock to reach deep water. The Council
needs to determine who owns the mooring located off the dock
extension and wish to inspect the site with all members present.
830 Jackson Landing, Mattituck.
EXHIBIT 5
Regulatory Branch
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT. CORPS OF ENGINEER8
JACOB K. JAVITB FEDERAL BUILDING
NEW YORK. N.Y. 1027'8-0090
December 10, 1992
SUBJECT: Department of
the Army Permit No. 19920111
Mr. Lawrence J. Matzen
Chairman, Marine Committee
Gardiners Bay Estates
Homeowners Association, Inc.
P.O. Box 342
East Marion, New York 11939-0004
Dear Mr. Matzen:
We have completed our review of Application Number
92-0111-L2.
Pursuant to Section 10 of the Rivers and Harbors Act of 1899
(33 USC 403), you are hereby authorized by the Secretary of the
Army:
WORK: Replace an existing pier assembly with a 3 foot by 25 foot
fiked pier supported by 6 piles, elevated a minimum of 4 feet
above the grade of the marsh, a 3 foot by 12 foot hinged
walk-ramp, a 4 foot by 48 foot main float with one 6 foot by 16
foot and two 3 foot by 14 foot finger floats. The floats will be
secured to four pilings.
WATERWAY: Spring Pond, Gardiners Bay
LOCATION: East Marion, Town of Southhold, Suffolk County, New
York
Kindly display the enclosed notice of authorization sign at
the project site.
The activity authorized herein must be completed within
three years of the date of this'permit, and is subject to the
enclosed conditions. You are required to submit to this office
the dates of commencement and completion to the authorized
activity. Enclosed please find two forms for your use in
submitting the required dates.
Notice is hereby given that the permittee should recognize
that a possibility exists that the structure permitted herein may
be subject to wave wash from passing vessels. The issuance of
this permit does not relieve the permittee from taking all proper
steps to insure the integrity of the structure permitted herein
and the safety of boats moored thereto from damage by wave wash
and the permittee shall not hold the United States liable for any
such damage.
The authorized activities must be performed in accordance
with the enclosed plans. If any material changes in the location
or plans of the subject work are found necessary, revised plans
should be submitted to the District Engineer. The.~e plans must
receive the approval required by law before work begins. ~. ~o~incerD~ I ~
r a~d tn~%half of'"
omas A~'York .
lonel, Corps of Engmneers
Enclosures
District Engineer
EXHIBIT 6
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
ADDEIiDU; i TO
Gardinert~ !lay ],J~";tate:; t[o~eowners A~,u;oc., Iric. ~eeds to construct
additional floL~h.t~-g boat stip',s for our re:;i¢leiit property owuer~s.
Ir~ order to co!~p].y with the i!VSDI_CC recotqt~endations of using
one catwalk acro,.;s the tide~l v,,et]_al~d~;~ the e~pl;licaht
to replace the ex2~;tii,l~ :co~-co~for~]_~,j catwJ, lk at~d bui].d a
floati~g dock with two fiz~gers usi:~L~ existi~i,g dock a~'; ce~qter
£inger. This ?roject wholly ~eetr~ thn~ !]¥;;!)]~,C recoi,imeudatio:,_s.
!~arine Co,:~ ,lthee
738-00462/0000 ~-0
PERMIT
Under the Environmental Conservation Law (ECL)
Nov. 17, 1992
Nov. 30, 1994
[] New [] Renewal [] Modificalion
F--~] Article 15, Title S:
Protection of Water
F'-~ Article 15, Title 15:
Water Supply
~ Article 15. Title 15:
Water Transport
r-~ Article 15, Title 15:
Long Island Wells
~-~ Adlcle 15, Title 27:
Wild, Scenic and Recreational
Rivers
---'-'] 6NYCRR 608:
Water Quality Certification
-- Article 17, Titles 7, 8:
__ SPOES
Article 19:
Air Pollution Control
Article 23. Title 27:
Mined Land Reclamation
Article 24:
Freshwater Wetlands
Article 25:
Tidal Wetlands
Article 27, Title 7; 6NYCRR 360:
Solid Waste Management
-----] Adicle 27. Title g; 6NYCRR 373:
Hazardous Waste' Management
[~-] Article 34:
Coastal Erosion Management
~ Article 36:
Floodplain Management
r----~ Articles 1, 3, 17, 19.27, 37;
6NYORR 380: Radiation Control
~'~Other:
PERMIT ISSUED TO TELEPHONE NU/'4BER
Gardioers Bay Estates Homeowners Assoc., Inc. ( )
P. O. Box 342, East Marion., NY 11939
L. J. Matzen, P. O. Box 342, East Uarion, NY ~1939 I ( t
LOCAHONOFPROIECTIFACIUTY End of Dogwood Lane right-of-way south of Bayview Drive, East Marion
Suffolk I Southold Spring Pond
Install etairs~ 3' x 25' catwalk, 3' x ~2' ramp, one 4' x 48' main float, two 3' x 14'
and one 6' x ]6' finger ~loats, pilings. Ail.work shall be in accordance with the
attached NYSDEC approved plan.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance
with the ECL, ail applicable regulations, the General Conditions specified (See Reverse Side) and any Special
DCeondltloQa IrJcludpd as part of this permit.
put~ t~el¥-ona ~-
David DeRidder
GENERAL CONDITIONS
Inspections
1.. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours
and interYals by an authorized representative of the Department of Environmental Conservation (the
Departm(,nt) to determine whether the permittee is complying with this permit and the ECL. Such
representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of
this permit, including all referenced maps, drawings and special conditions, must be available for
inspection by the Department at all times at the project site. Failure to produce a copy of the permit
upon request by a Department representative Is a violation of this permit.
Permit Chang~;s and Renewals
2. The Department reserves the right to modify, suspend or revoke this permit when:
a) the scope of the permitted activity is exceeded or a violation of any condition of the permit
or provisions of the ECL and pertinent regulations is found;
b) the permit was obtained by misrepresentation or failure to disclose relevant facts;
c) new material information is discovered; or
d) environmental conditions, relevant technology, or applicable law or regulation have materially
cha'~ged since the permit was issued.
3. The permittee must submit a separate written application to'the Department for renewal, modifica-
tion or transfer of this permit. Such application must include any forms, fees or supplemental Infor-
mation the Department requires. Any renewal, modification or transfer granted by the Department
must be in writing.
4. The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES),
Hazardous Waste Management Facilities (HWMF}, major Air Pollution Control (APC) and Solid
Wa.~te Management Facilities (SWMF); and
b) 30 clays before expiration of all other permit types.
5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede
or rescind any order or determination previously issued by the Department or any of the terms, con-
ditions or requirements contained in such order or determination.
Other Legal ¢,bllgatlon, sol Permittee
6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili-
ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of
the project described in this permit and has agreed to indemnify and save harmless the State from
suits, actions, damages and costs of every name and description resulting from this project.
7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with
the riparian rights of others in order to perform the permitted work nor does it authorize the impair-
ment of any rights, title, or interest in real or personal property held or vested in a person not a party
to the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-
of-way that may be required for this project.
..o Page 2 of 5
95-20~a (10j901-- 25c
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25~ 34, 36 and & NYCRR Part 608 (
9. That If future operations by the State of New York require an al-
teration in the position of the structure or work herein authorized, or
if, in the opinion of the Department of Environmental Conservation 13
it shall cause unreasonable obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or welfare of
the people of the Slate. or cause loss or destruction of the natural
resources of the State. the owner may be ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused 14
thereby without expense to the 5tare. and if. upon the expiration or
revocation of this permit, the structure, fill, excavation, or other 15
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, without expense to the State, and to such
extent and in such time and manner as the Department of Environmental
Conservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. Ho claim shall be made against
the State of New York on account of any such removal or alteration. 16
10. That the State of New York shall in no case he liable for any damage
or injury to the structure or work herein authorized which may be caused 1 ?
by or result from future operations undertaken by the State for tl~e
conservation or improvement of navigation, or for other purposes, and
no claim or right to compensation shall accrue from any such damage
11. Granting of this permit does not relieve the applicant of the responsi-
bility of obtaining any other permission, consent or approval from
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State
Office of General Services or local government which may be required.
12. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels.
solvents, lubricants, epoxy coatings, paints, concrete, leachate or any
other environmentally deleterious materials associated with Ihe
proiect.
Any material dredged in the prosecution of the work herein permitted
shal~ be removed evenly, without [eav~ng larRe refuse piles, ridges across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause damage to navigable channels or to the banks of
a waterway.
There shall be no unreasonable interference with navigation by the work
herein authorized
If upon the expiration or revocation of this permit, the project hereby
authorized has not been completed, the applicant shall, without expense
to the State, and to such extent and in such 'time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration
If granted under Article 36. this permit does not signify in any way
that the project wdl be free from flooding.
If granted under 6 NYCRR Part 608, the NYS Department of Environ-
mental Conservation hereby certifies that the subject proiect will not
contravene effluent limitations or other limitations or standards under
Sections 301. 302, 303, 306 and 307 of the Clean Water Act of 1977
(PL 95-217) provided that all of the conditions listed herein are met.
18 All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as part
of the permit application
Such approved plans were prepared by L'.J. Matzen, dated
3/4/92: ]asr rev~ed 11/6/92:,tm nnA Il/q/q?
Se
SPECI,~,L CONDITIONS
Entire length of catwalk shall be elevated a minimum of
3.5 feet above grade (distance is measured from ground
to bottom of dock sheathing).
Ail remnants of the old dock not used during/in the new
construction shall be completely removed.
Any debris or excess material from congtruction of this
project shall be completely removed from the adjacent
area (upland) and removed to an approved upland area
for disposal. No debris is permitted in tidal
wetlands.
A row of staked hay bales or approvable erosion control
devices shall be placed 20 feet south of the edge of
pavement and extend from the retaining wall on Lot 119
to the retaining wall on Lot 120 at commencement of
regulated activities and remain in place until project
is completed and all disturbed areas stabilized with
vegetation.
The storage of construction equipment and materials
shall be confined to ~he area landward of the required
haybale line and buffer area.
DEC PERMtT NUMBER
1-6738-00462/00001-0
PROGRAM/FACILITY NUMBER
j Page 3__.__of5.-
95-20~f (12/85)--25c
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 25 ( Tidal Wetlands
To protect the values of the tidal wetland, a permanent
vegetated buffer zone shall be established. There
shall be no disturbance to the natural vegetation or
topography seaward of the mean high water line as shown
on the 1/6/92 survey prepared by Roderick Van Tuyl.
Dredging is prohibited during any aspect of
construction authorized by this permit.
Be
There shall be no disturbance to vegetated tidal
wetlands as a result of the permitted activity.
e
Floats and ramps may not rest on vegetated tidal
wetlands.
10.
Ail repairs to existing structures shall be confined to
replacement of existing structural elements with use of
old dock in new design and no change in dimensions or
materials unless specifically authorized herein.
il. No permanent structures may be built on dock without
first obtaining Department approval.
12.
Docks may not be placed so that docked boats extend
over adjacent property line, interfere with navigation,
or interfere with other landowners riparian rights;
Supplementary Special Conditions (A) thru (J) attached.
DEC PERMIT NUMBER
1-6738-00662/00001-0
PROGRAK4~FACI LITY NUMBER
Page4.__ of 5
617.21
Appendix C
State Environmental Quality Review .?
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION fro be completed by Applicant or Proiect eponsor)
$' APPLICANTISPONSOR(~*'~]i~-!e['L~ %]~!.y ~:;sta~eu ~2. PROJECT NAME
T,, right of
Hor~leowners ,~s~oc.; .... c. way floatfn~
~. PROJECT LOCATION:
Munlcfpal/W 7~aSt ;;a~ion; Gouthold Town co..w Suffolk
End of Qo~wood ),one, nea~ !3ayview Orive,
East ?[orion, ~y
SEQR
5. IS PROPOSED ACTION:
~]New [~ Expansion [~ ModiticaUonlalleraBon - .
6. OESCRIBE PROJECT BRIEFLY: Applical;t propose~'.} to add I~ :Jlips to exJ. utln~: duuk
by reconstructinis exi~ti~:~ catwalk j' x 2~' with 6 pile,s; elevated
at spar/ina; j' x 1~' raup; /~' x I~' float ¥';ith 2 -- ~' X 1l~' fine, ers and
,~ piles; usini[ 6' x 16' dock m~; center fiuger.
~.^MOUN,rOp ~ ~
LA/ 0 A FECTED: , 0 1 ~
8. WILL EROPOSED ATTIC// COMPLY VIITtt EXISTING ZONING OR OrNER EXISTING LAND USE RESTRICTIONS?
D .es,~ent,al ~ 'ndu~trial ~ Commerc,al ~ Agriculture ~ Park/Forest/Open space ~ Other
Associa~im~ r/Cbt of wa~ and private recreatioual boat
10. OOES ACTION lUVOLVE A PERMIT APPROVAL. OR FUNDtNG. NOW OR ULTIMATELY PROM ANy O[HER GOVERNMENTAL AGENCY (FEDERAL.
Town of Southold, US ar~:~y Corps ~f .";h~g~neers ?eri;]lt
nY~O~,C Fermit 71-~7~8-00;~62/0000]-0; ;SE,iRA ~egative geclaration ~/12/92
I CE.TIFy THAT THE INFORMATION PROVtDEO ABOV~ IS T~UE TO THE BES,r OF MY KNOWLEDGE
Appllcanl/sponso, name: Lawrence J. !'atzen
__?,,u,,: = -- '_.
Il the action is in lbo Coaslal Area, and you are a state agency, complete Ibc
Coastal Assessment Form before proceediog will] this assessment
OVER
1
PART III--DETERrl INATION OF SIGi'IIFICANCE (To be compleled by Agency)
INSTRUCTIOtlS: For each' adverse effect identified above, determine whelher it Is subslantJal, large, imporlanl or olher, vise significant.
Each altec! should be assessed in connection wilh ils (at selling (i.e. urban or ruralJ; (b) probability el occurring; (ct duralion; (d)
IrtSvers~bilily; (e) geographic scope; and ttJ magnitude, If necessary, add ettachmenlS or reference supPorliog materials. Ensure Ihat
explanahons contain sulficJent detail to show Ihal all relevant adverse impacls have been idemitied and adequalely addressed.
[~ Check thi.· box if yon have idenlified one or more potenliaUy large or significant adverse impacts which f,IAY
occur. Then proceed directly to the FULL EAF arid/or prepare a posilive declaration.
[] Check thia box if you have determined, based on the informaliOR and analysis above and any sRpPorting
docu ,rT'ant~Llion, thai the proposed action WILL rIOT resnl! in any sigRificanl adverse environmental impacts
AND provide on attachments as necessary, ,the reasons snpporting lids deterolinalJom
TRUSTEES
John M. Bredemeyer, 111, President
Albert J. Krupski, Jr., Vice Presiden!
Henry R Smilh
John B. Tuthill
William G. Albertson
Telephone (516) 765-1892
Fax (516) 765q 823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTtlOLD
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
RO. Box 1179
Southold, New York 11971
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
APPLICATION NO. 1000-37-4-17
NAME: Gardiners Bay Estates Homeowners Association
DATE: May 12, 1992
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined that the
project will not have a significant effect on the environment.
Please take further notice that this declaration should not be
considered a determination made.for any.other department or ~gency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: Type I
DESCRIPTION OF ACTION: to construct a 3' X 25' catwalk; with 6 piles;
elevated 4' at spartina; 3' X 12' ramp; 4' X 24' float with 2 3' X
14' fingers and 3 piles and to move existing catwalk and dock 12' to
east as per revised plan dated April 28, 1992.
LOCATION: Tax map No. 1000-37-4-17
REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment, submitted by the applicant and
reviewed and completed by the Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the project be implemented as planned.
cc: Applicant, DEC~L~
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765 - 1892
Fax (516) 765- ! 823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
SUPERVISOR
SCO'IT L. HARRIS
Town llall
53095 Main Road
P.O. Box ! 179
Southold, New York 11971
March 12, 1992
Lawrence J. Matzen
P.O. Box 342
Dogwood Lane
East Marion, NY 11939
RE:
Gardiners Bay Estates Homeowners Association
SCTM #1000-37-4-17
Dear Mr. Matzen:
This letter will confirm in more detail our conversation of
March 10 and 12, 1992.
The Southold Town Code Section 100-31 (3) (a) states that "There
shall be docking or mooring facilities for no more than (2)
boats other than those owned and used by the owner of the
premises for his personal use" as an approved accessory use in
the R-40 District.
As there is no mention of com~nunity docking facilities, it is
recommended that you seek an interpretation and determination
from the Town Attorney and Zoning Board of Appeals as to the
need or applicability of a variance for your proposal.
The Board of Trustees cannot proceed with your application until
these essential questions are answered.
Also, I must apologize for not noting earlier that your file did
not contain a completed Long Environmental Assessment form for
this project, a blank form is enclosed for your use.
V._~~_y truly yours,
John M. Bredemeyer,III
President, Board of Trustees
JMB:jmt
eric,
cc: Town Attorney
Zoning Board of Appeals
EXHIBIT 9
TOWN OF SOUTIIOLD, NEW YORK
ACTION OF TIlE ZONING BOAI~D OF APPEALS
Appeal No. 2848 by application Dated June 20, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. Donald C. DeLalla, 5545 Skunk Lane, Cutchogue, NY
10/27 /81
DATE .......................
Appellant
11935
at a meeting of the Zoning Board of Appeals on
xvas considered and the action indicated below w~s taken on your
( ) Request for variance due to lack of access to property
(X) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
( )
September 3, 1981 the appeal
Art. III, Sec. 100-30B(9) (a)
1. SPECIAL EXCEPTION. By resolution of the Board it was determined
grunted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
crgai~fl~t~a~x Public Hearing held 8/6/81: Application of Donald C.
DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the
Zoning Ordinance, Art. III, Sec. 100-30B(9) (a) for permission to
dock and moor two boats not owned and used by owner of premises for
his personal use between existing pilings at 5545 Skunk Lane, Cut-
chogue, NY; bounded north by Timpson; west by Baldwin's Creek;
south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax
Map Item No. 1000-138-2-18.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties or unnecessary
(SEE REVERSE SIDE)
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE REVERSE SIDE)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions o! the Building Inspector ( ) be confirmed ( ) be reversed.
CG: lk
FORM ZB4
ZONING BOARD OF APPEALS
The Board made the following findings and determination:
Applicant-has filed a Special Exception to the Zoning Ordi-
nance in accordance with Article III, Section 100-30B(9) (a) for
permission to dock and moor two boats not owned by himself at
premises located at Skunk Lane, Cutchogue and..fronting Baldwin's
(Mud) Creek. The Town Code permits boat docklng, mooring or
accommodation of noncommercial boats for no more than two boats
other than those owned and used by the owner of the premises for
his personal use. Applicant is the owner of the premises in
question, and has stated during the public hearing held August 6,
1981 that the mooring accommodates his own boat and two friends'
boats, 28-footer, 35-footer and 28-footer, respectively. Appli-
cant has received approval from the Southold Town Trustees at a
regular meeting held October 2, 1979 "...to make a total of four
pilings at this location..."; however at a regular meeting Of
the Trustees held September 2, 1981 the Board of Trustees state
they would have denied that application for the two additional
pilings (making a total of four) if they had known that it was
to be used by non-family individuals. It is the feeling of this
Board that the purposes and intent of the Town Code~is to allow
the docking and mooring of two boats not owned and used by the
owner of this property by this application, provided compliance
is met with all rules and regulations applicable to such use.
In considering this appeal, the Board finds that the use
will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts; that
the use will not prevent the orderly and reasonable use of
permitted or legally established uses in the district wherein
this use is to be located, or of permitted or legally estab-
lished uses in adjacent use districts; that the safety, health,
welfare, comfort, convenience and order of the Town will not be
adversely affected by this proposed use and its location; and
that the use will be in harmony with and promote the general
purposes and intent of the code.
On motion by Mr.~Goehringer, seconded by Mr. Doyen, it was
RESOLVED, that Donald C. DeLalla be granted a Special
Exception to the Zoning Ordinance, SUBJECT TO THE FOLLOWING
CONDITIONS:
(1) That'no more than two boats other than his own are
permitted;
(2) Southold Town Planning Board site plan approval be
obtained pursuant to the Southold Town Code, Article III,
Section 100-30B(9).
Location of Property: 5545 Skunk Lane, Cutchogue, NY;
bounded north by Timpson;- west by Baldwin's Creek; south by
Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map
Parcel Item No. 1000-138-2-18..
Vote of the Board: ~yes: Messrs. Doyen, Douglass,
Goehringer, Sawicki and Grigonis.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
~"-'~0wn ~lerk. Town-~f-S~6~old
(516) 765-1801
TO:
FROM:
DATED:
RE:
~ % ~,~t~%j.~,...~_~ Town llall. 53095 Mai. Road
' Southold. New York 11971
~ SOUTHOLD TOWN f~~
To . FS
Southokd Conservatzon aavzsory Councz~~
Feb~na~ 25, ~992
~ECOHFIEND~TZON OF WETLAND ~PPL[CAT[ONS
The following re':emmendation were made by the Southold Town Conser-
vation Advisory Council at its meeting held February 13, 1992:
On a motJ()~ hy J<ohr~ Holzapfe]. seconded by Bruce Loucka, it was
RESOLVE[) to recc)mmend to the ',3odthold Town Trustees disapproval
of Wet_land Application No. 37-4-17 of Ga.rd_~ers Bay Estat_,Des Home-
owners Asscci~tJon to construct a 3' x f~'~ catwalk-~-~-r ~ievation),
3' ~, 16' ramp; ,1' x 24' float with two (2) 3' x 14' fingers and
three (3) pi. les; also, move existing catwalk 12' east. All work
on Association's ROW and pond ]property.
The Council recommends disapproval because it has a policy of
one dock, :'gith ,n tape, city of four (4) boats on a single piece
of property-. The Council does not wish to see marians developed
by property' associations.
Spring Pond, East k~arion.
Vote of Cou[]ci: Ayes: All
Motion carried.
On a mot:ion by Stephen Angell, seconded by Cynthia Sturner, it
RESOLVED to recommend to the Southold Town Trustees approval
of Wetland App] ic,qt5en No. 122-4-32 of R__obert g-O~en to construct
an 8' x 2q'f]o~, ~ng dock with a 3' x 16' ramp using CCA treated
lumber. The Col~rlcil approves provided the applicant contain
runoff and maJr~t~nJn nataural vegetation cn enbankments.
4500 Ole Jule Lane, ~4attituck..
Vote of Council.: Ayes: All '
Motion carried.
The Council tabled Wetland Application No. 113~6-8 of Joyce
Deckenstein Lakin , t~ add a second '6' x 20' float plus one 8"
diameter pile to existing dock to reach deep water. The Council
needs to determine' who owns the mooring located off the dock
extension and wish to inspect the site with all members present.
830 Jackson Landing, Mattituck.
%
Ry. Henry Ressmeyer
P.O. Box 283
East Marion, NY 11939
9/12/91
TO: Board o£ I)~rector's
Gardiner's Bay Estates Home Owner's Association, Inc.
It has been brought to my attention that there might be some
readjusting of moorings because of a proposed 4-6 slip float
on the Dogwood right of way.
I am not iD f;~vo]] of this propogal as it would probably
effect my mooring and my maneuverability around my mooring.
I am not in favor of a relocation of my mooring either.
I am quite content at my present mooring location and would
not want it moved.
I Also prefer [:o be on a mooring and would not want a slip since
the moorir]g affords me a little more protection from people
entering or playing in and around the boats.
I would apprecia~-e being kept informed of any changes that
would effect my [~re~ent mooring location.
Sincere ly,
TO:
Dorothy Bongwor~h
P.O. Box 185
East Marion, NY 11939
Board
Bardiner's Boy ~.states
I think th~ ,~y ;,r~,p~sa! f,)~ ;~d,ll{ I~llfll floats and boats at the
right of way ,,djoining my propor~y will further congest an already
very tight ,~r(~,3. If a;~d when I put my float back in my son and
daughter will have vory tight mfll~euvering space for the boat in
and across the present: moorings of Mr. Los~ar and the club's guest
mooring of Mr. Clark's.
Any relocation of these moorings without due consideration of my
float will be deleterious to me. Any piers and floats located
cioser to mine will also have the same affect.
Sincerely,
Dorothy Lon,t~) r t h
9/15/91
GardJl~{?l-'s
Box 201
East Marion,
Bay Estates.~lomeowner's Association
NY 11939
I think that any proposal of additional boats and slips
across the naa:row section of Spring Pond opposit my house
and my non's boat would not be in the best interest for the
commu il i ty.
Sincerely,
Ellen Pihl
9/~4/91
TO:. Members of the GBEHOA, INC.
Jim Fischer, our resident attorney, asks that you read the
attached letter and sign it in support of the GBEHOA, INC.
application now before the ZBA. Include your E.M. Street
address under your signature and the date. It is very
important that we get a favorable ruling to maintain our
control of Spring Pond.
If you have any questions, call 516-477-9675. Please mail the
letter to me (POB 342, E. Marion, NY 11939) for hand delivery
to Mr. Goehringer on April 22, 1993
Thank you.
Larry Matzen, Marine Chairman
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, Ne~ Yolk 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit Significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours, ~
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Ver~ truly ygurs,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the co~mmunity or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that it~ application be granted in all
respects to permit it to continu~,~ serve its intended purpose in
this regard.
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
V~ry truly ~durs,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
G, :diners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating an~ !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
truly yours,
Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New Y~rk 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my ~embership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardine~ Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~hgve a boat in Spring Pond or am on a
waiting list to place a boat ~n Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
~ Very truly, yours,
East Marion, ~ew ~k 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ,have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ohave a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
! am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
! am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and th~
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. ! believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard. ~J-~ ~ 0~ ~I<o ~, ~ I~ ~'
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ,have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Ve5 tru rs, -
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
2Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
k~/~ L-. (-,sc ~,~-~-. ~
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion,/ New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
! am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I :have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estate's Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
y ru
East Marion, New York ~1939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a 'boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
donstruction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ohave a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our co~ununity and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard. ~
Very truly yours,
East MarLon~ New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
! am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ohave a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
ruly yoU <
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
~VQy~_~(/ery truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
! support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that 'if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours, /~1774
EasL Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly~o, ur s,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). ! am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I °have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
! support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ohave a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East 'Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion', 5
w York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
V~~y truly.yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
wr truk
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, New Yb~ 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By ~y ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very tru~ly yours,
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
1
East Marion, New ~4ork 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the con~munity or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Mario~, ~4~W Y'ork×l1939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southeld
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ohave a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very~trulyyours, __ /
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
· my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ,have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
ry t~ruly y/~,,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
! am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat ~n Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
, ,
East Marion,`) New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I,have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not Cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
st Warion, New ~rk 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I :have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Ver rly yours
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
~Very trt%ly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re: Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ohave a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very,truly
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value Of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939 ~ / ~ /~
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I :have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Marion, New York 11939
Present:
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
April 22, 1993
(7:30 p.m. Hearing)
HON. GERARD P. GOEHRINGER,
Chairman
JAMES DINIZIO, JR.
SERGE DOYEN
RICHARD C. WILTON
ROBERT A. VILLA
CLAIRE GLEW (substitute recording clerk)
ZBA Hearings 38 April 22, 1993
APPLICATION NO. 4156 - GARDINERS BAY ESTATES CLUB~ INC.
(record owner as per Deed at Liber 7671 page 415)
GARDINERS BAY ESTATES PROPERTY OWNERS ASSOCIATION.
filed by
{Reconvened and continued from February 23,1993). (Ongioni &
Borelli, Esqs.) This is an Appeal based upon the February 10,
1993 Notice of Disapproval issued by the Building Inspector
requesting an Interpretation of Article III, Section 100-31C(3)
of the Zoning Code which provides for "...docking or mooring
facilities for no more than two (2) boats other than those owned
and used by the owner of the premises for his personal use."
Applicant is proposing to construct new dock areas with multiple
boat facilities at the community beach of Gardiners Bay
Estates. Location of Property: Part of Private Road known as
Dogwood Lane situated along "Spring Pond," an estuary of Orient
Harbor; also shown on the Map of Gardiners Bay Estates, Section
2, filed in the Suffolk County Clerk's Office as Map No. 275,
East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater land).
8:26 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: This is a recessed hearing from two
hearings ago, and that is in behalf of Gardiners Bay Estates. I
just want to ask this nice gentleman down here if he would
like your attorney to speak or would you like to open it up or
whatever you would like.
ZBA Hearings 39 April 22, 1993
LAWRENCE MATZEN: Well, this is our second hearing.
My name is Lawrence Matzen, Chairman of the Marine Committee.
THE CHAIRMAN: Do you want to speak, Carmella?
Appearance: Carmella Borrelli, Esq., Ongioni and
Borrelli, Attorneys for Applicant.
MS. BORRELLI: I am just going to go through it
briefly, go from where we were when we adjourned on the 23rd to
where we are now, and some things that have come up in the
interim. We adjourned because the Board asked for the
Association to consider a limit on the number of docking spaces,
and then, subsequent to that, the Board made some requests for
some additional data which Mr. Matzen, who is the head of the
Marine Committee, supplied to the Board. That was a map showing
where all the docking presently is, how many are there. The
Marine Committee made a recommendation to the Board of Directors
to limit the number to seventy-seven, which the Board approved.
That 77 is the potential maximum anticipated of non-waterfront
owners, property owners, in Gardiners Bay. Since the last
hearing you have gotten some letters in opposition, one from Mr.
DiBlasi, who spoke at the original hearing.
THE CHAIRMAN: Yes.
MS. BORRELLI (continuing): One from Mr. Sambach, Sr.,
who is the father of the gentleman who spoke in opposition
at the original hearing; and one you got which I am not sure
ZBA Hearings 40 April 22, 1993
what it is
Virginia --Springfield,
THE CHAIRMAN:
MS. BORRELLI:
--it looks like Hair or Hagen.
Virginia.
Yes.
The objections raised
I know it is from
in all of those
letters seemed to be centered around the same matters that were
brought up at the last hearing --the location, the potential
danger to navigation. All of those objections were answered by
Mr. Matzen in letters that he wrote to the Army Corps of
Engineers because those same objections were raised in the Army
Corps of Engineers, and I had sent copies of Mr. Matzen's
letters with my letter to you of the 16th, which covers all of
those; and, as you know, the Army Corps approved this, and so
has the DEC approved it. The objections of Mr. Sambach, Sr.,
were responded to by the Association's president Mr. Birdie,
merely calling to your attention despite the fact that Mr.
Sambach, Sr., told you that he was Vice President of the Real
Estate Committee, et cetera, et cetera, he was writing to you as
an individual because the Association had voted on this, and the
majority had approved this application, so that you should take
these objections to be individuals and not the consensus of the
Association because the Association has voted and approved it.
All I would like to do is just to reiterate what we
are asking the Board here: We would like you to realize that
all of the objections that have been put in are objections that
are not pointed to the question that is before this Board. The
ZBA Hearings 41 April 22, 1993
question that is before this Board is an interpretation of the
Code. It has nothing to do with the location where a dock is
put, when a dock is put --It has to do merely with
interpretation of the Code as to who can put boats at that
dock. We ask you to view this question from Gardiners Bay as a
unique situation, and not to view it as precedence-setting for
other homeowners' associations, simply because Gardiners Bay is
unique in that it owns the land under Spring Pond, which is not
so with other homeowners' association. Therefore, other
homeowners' associations would be much more within the control
of the Board of Trustees and the Board of Trustees could have a
lot more to say about what goes on. So, therefore, a decision
here in interpretation I would like you to view not as
precedent-setting for those. The Board has voted and set a
limit to the number of boats, and I would like you to realize
that in being a member of the homeowners' association when you
are non-waterfront property owner, part of the value of your
land when it is conveyed to you is the ability to have docking
space within the association. Once you do not allow them to
dock there because you do not consider them owners, that the
boat has to be owned by the Association, you have decreased the
value of their land when they have to, at some point in the
future, or if they transfer it to another property owner, they
have lost value. It has been diminished.
ZBA Hearings 42 April 22, 1993
I would like to borrow from Dr. Lizewski in that we
have tried to work with this Board, especially in the vote for
the limit --We are willing to work for that Board in the
future. We assume that the Board would be willing to work with
us, and we are making every effort and will continue to do so.
I don't have anything else to say unless you have some
specific questions. After that though, Mr. Birdie, who is the
president of the Association, would like to read a letter to you
and then give you letters that have been signed by other
Association members.
THE CHAIRMAN: The max is 77. What do we have
existing now, without the--
MS. BORRELLI (continuing): Sixty-four, but that is
thirty, thirty-one--
MR. MATZEN: Thirty-eight off land (not fully audible
from non-microphone area) and 31 waterfront premises.
MS. BORRELLI: But the waterfront members are people
who would be entitled to have those docks there. They are not
on Association property.
THE CHAIRMAN: In the interim we did of course have an
application for a deck down by the island, I forget the island
name you call it down there--
VOICE IN AUDIENCE: (Name inaudible without
microphone).
ZBA Hearings 43 April 22, 1993
THE CHAIRMAN (continuing): Yes. So I did take the
liberty of walking down and viewing the application after it was
completed, and did take a look at the island and the --not the
mooring but the docking facilities at that particular point,
which gave me a better idea of the whole --I can't use the word
"operation" because it's-- the whole docking facilities.
MS. BORRELLI: The Marine Committee here is very
diligent about taking care of the docking, about maintaining the
waterways, about doing everything so that everybody gets the
best for what they want without interfering with navigation,
without posing any dangers --I mean if you have read the letters
I sent you that Mr. Matzen wrote, you can see that is the Chair
of the Marine Committee; you can see that his credentials in
this area are fairly extensive and the people are concerned
about their community because if things got out of hand, their
property values get diminished, so they certainly don't want
that to happen. They are just looking to fulfill what is what
people who bought expect, and that is to be able to dock a boat
at property-association land.
THE CHAIRMAN: Ail
MS. BORRELLI:
THE CHAIRMAN:
MR. BIRDIE: I am Edward Birdie,
Boulevard, property owner, in the Estates.
right, thank you.
Mr. Birdie?
Hello, Mr. Birdie, how are you?
380 Parsons
ZBA Hearings 44 April 22, 1993
THE CHAIRMAN: You also ~ubstantiate that everything
you are about to say is the truth to the best of your ability?
MR. BIRDIE: Yes.
THE CHAIRMAN: Thank you.
MR. BIRDIE: I am also president of the Association,
and I have here the letters signed by more than sixty members of
the Association supporting the application, and this letter was
prepared by our resident, and he is also attorney and on our
Board as a Board member, and is also our legal counsel. If the
Board so desires, I will read the letter.
THE CHAIRMAN: It is entirely up to yourself, sir.
MR. BIRDIE: It is addressed to the Town of Southold
Zoning Board of Appeals and reads:
"I am a property owner in Gardiners Bay Estates in
East Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of
the application of the GBEHOA for a determination of the boat
code for R40 zoning. I am writing this letter both as a member
of the homeowners association and as a property owner with an
interest in association property including the lands underlying
Spring Pond.
"By my ownership of property in Gardiners Bay Estates
and my membership in the Gardiners Bay Estates Homeowners
Association I am entitled to place a boat on an available
mooring or dock in Spring Pond. The land under Spring
ZBA Hearings 45 April 22, 1993
Pond is owned by the GBEHOA and its use is managed by GBEHOA for
the benefit of all members of the association.
"I support the application for additional dock slips
in Spring Pond because the community of Gardiners Bay Estates
will benefit significantly by construction of the dock and
because its construction will not cause any harm to the health,
safety or welfare of the community or of any adjacent or nearby
neighbors. Upland boat owner members of GBEHOA are not now all
accommodated by the available slips and moorings in Spring Pond
and the construction of a new dock will provide access to more
association members. Whether or not I have a boat in Spring
Pond or am on a waiting list to place a boat in Spring Pond, the
availability of slips and moorings is an incident of property
ownership and GBEHOA membership in our community and it adds
substantial value to my property. I believe that if the present
application is not granted, the value of my property will be
decreased because the availability of spaces for boats in Spring
Pond will not be allowed to be set by the GBEHOA at a level
which is presently necessary.
"The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and
I most respectfully request that its application be granted in
all respects to permit it to continue to serve its intended
purpose in this regard.
"Very truly yours," This is signed by the members.
ZBA Hearings 46 April 22, 1993
behalf
numbers,
counsel.)
MEMBER VILLA: One part I didn't catch.
letters did you say were signed?
THE CHAIRMAN: Thank you, sir. Nice to meet you, sir.
(Whereupon above referred to letters were received on
of applicant and made part of the record --exhibit
if any to be designated by Clerk or applicant's
How many
MR. BIRDIE: Sixty, sixty-one.
MEMBER VILLA: Sixty-one, all right, thank you.
THE CHAIRMAN: There is no doubt in our minds that
this organization that you all represent have a keen interest in
whatever way the people go. This is a democracy and the way we
have to deal with it, right? Anything further? Yes, Mr.
Birdie?
MR. BIRDIE: One thing further --we have a number of
members of the Homeowners Association here. I think they are
all on this side (indicating). They can all stand up (laughter).
THE CHAIRMAN: No, it is not necessary. Is there
anybody else who would like to speak? Yes, sir. Just state
your name for the record.
Do you substantiate that everything you are about to
say is the truth, to the best of your ability?
PROPOSED SPEAKER (MR. FANAZZI): Yes.
THE CHAIRMAN: And your name?
ZBA Hearings 47 April 22, 1993
ANDREW J. FANAZZI, JR.: I will read my letter. I
left copies this afternoon for all Board members.
THE CHAIRMAN: Okay.
MR. FANAZZI:. Dear Sir:
"I am writing to you in direct response to Warren A.
Sambach, Sr.'s letter dated April 6, 1993.
"I also am a member of the Board of Directors of the
Gardiners Bay Estates Home Owners Association, Inc. I have
never made a presentation to any Board of any kind previously.
It is my honest opinion Warren A. Sambach, Sr., should have
abstained from any involvement (professional or otherwise) in
this issue due to a conflict of interest.
"The Army Corps of Engineers and the Dept. of
Environmental Conservation found no problem with the
installation of docks in Spring Pond as proposed in Application
#4156.
"To my knowledge, no one has approached the Chairman
of the Marine Committee for a list of those person(s) interested
in requesting dock space. I earnestly feel every homeowner in
Gardiners Bay Estates is entitled to a place to moor or dock a
boat. I am referring to present and/or future homeowners. It
is my understanding this would mean spaces for 65 upland
homeowners. There are several rights of way in Gardiners Bay
Estates. One leads to Fox Island which has dockage for four (4)
ZBA Hearings 48 April 22, 1993
boats and a beaching area for several dinghies. Two other
rights of way provide access to the beach area.
"As to the issue of congestion, parking or any other
alleged problems, if the use of a right of way by neiqhbors is
thought of as an annoyance by Warren Sambach, Jr., and Richard
DiBlasi, it would seem this is in direct conflict with the
reason(s) for which these rights of wgy were originally
established; namely, to provide access to Spring Pond and the
beach area to all members of Gardiners Bay Estates.
In addition, Warren Sambach, Jr. and Richard DiBlasi were fully
aware of the existence of these rights of way prior to their
purchase of their respective properties.
"I firmly believe the value of my upland property
would be diminished if I had to inform a potential purchaser
that mooring and/or docking space in Spring Pond would not be
available to them until some unknown future date. It is
increasingly apparent Warren Sambach, Jr. and Richard DiBlasi
are using and have used every conceivable means to object to
this application as a ruse to obscure their own selfish
interest. It seems a clear case of "I've got mine and the rest
of the community be damned."
"At this time, I respectfully request the Zoning Board
of Appeals rule in favor of the Gardiners Bay Estates Home
Owners Association, Inc.'s application.
"Very truly yours, signed Andrew J. Fanazzi, Jr."
ZBA Hearings 49 April 22, 1993
THE CHAIRMAN: Thank you. I have it right here, Mr.
Fanazzi. Is there anybody else who would like to speak? Either
for or against. Yes, Mr. Sambach?
WARREN SAMBACH, JR.: My name is Warren Sambach, Jr.,
and I guess I am the bad guy. But I am only here tonight to
reiterate what I previously stated to this Board -- that you
have been requested to interpret something. You have been
request to interpret Section 100-31C-3A. You have not been
requested to hear a Use Variance. You have been asked by
Gardiners Bay Home Owners Associations to interpret something.
You have been asked to interpret something other, something
different from what the Building Inspector has said in his
Notice of Disapproval to the Association's application dated
February 10, 1993. Here he said that the property zoned and
owned by a subdivision association, action required by the
Zoning Board of Appeals to address the Code use not allowed in
an Agricultural zoning, i.e., more than two boats not owned by
the property owners. The ordinance reads: There shall be
docking or mooring facilities for no more than two boats other
than those owned and used by the property owner for his personal
use.
Previously we have heard who the owner is. Gardiners
Bay Home Owners Association, Incorporated, is a single entity.
Therefore, the next question to be asked is: How many boats
does this single entity own? Having that number,
ZBA Hearings 50 April 22, 1993
you can add two to that number and ascertain how many boats are
allowed on this piece of property. That number is three.
Presently there are four docked. There are two boats docked on
my personal pier and float on Association property with their
permission. That is my boat and my father's boat. There are
two additional boats docked on Richard DiBlasi's personal pier
and float on Association property --his boat and George Clerk's
boat. That is four boats docked. All four of us are members of
the Association. In addition to that, there are two moorings
associated with this piece of property in front of and that are
serviced by this piece of property. Those two moorings are
Reverend Henry Ressmeyer's and the other mooring is where the
Gardiners Bay Home Owners Association, Incorporated, keeps their
boat.
What the applicant is asking you tonight is to
interpret a section of the Code. There are four boats docked,
there are two moored, and they want to put four more. That is a
total of ten. That would be a 66 per cent differential over and
above what is allowed by the words of the Code. If you count
the five upland boats in the pictures I submitted to you last
night or last time we were here, that total then would be
fifteen boats on this piece of property. That would be an 80
per cent differential over and above what is allowed by the
ordinance. What was the legislative intent of the ordinance?
Was the legislative intent of the ordinance to allow Homeowners
ZBA Hearings 51 April 22, 1993
Association Incorporated to develop marinas or mini-marinas in
residential areas? The Association has verbally given a
self-imposed limit of 77 boats. That is 77 boats of the
Association. Presently they have 32 boats. So that is an
additional forty-five boats that they want on Association waters
wherever they are, which is a lot of boats.
Was the intent of the ordinance to allow Homeowners
Association Incorporated to dock, moor or congregate as many
boats as there are members in the Association? Even though
perhaps not everyone in the Association wants a boat or has a
boat. Was it the intent of the ordinance to allow Homeowners'
Associations to be entitled to an unlimited number of boats?
Was it the intent of the ordinance to allow more boats on a
piece of property because it is bigger? Or was the intent of
the ordinance to allow some sort of orderly development, some
sort of prudent measure? Some sort of wise but not burdensome
planning so as to protect the health, safety and welfare of the
public? The applicant not being satisfied with what has been
said by the Building Inspector, has asked this Board to
interpret something different, something more than what the Code
says.
I believe the intent of the Code from this Board's
point of view is to look at what the Code says. What do the
words say and apply to? I don't think this Board in this case
can interpret something more that would allow an
ZBA Hearings
52 April 22, 1993
over-intensification of an accessory use. Once again the
Conservation Advisory Council has recommended four boats for
this piece of property. We have presently four docked. There
are two moored --with four more proposed, is ten. The five
upland boats would be a total of fifteen for this piece of
property. That interpretation would be a gross
over-intensification of an accessory use.
Let's take a hypothetical situation. Let's suppose no
boats existed on this piece of property --none docked, none
moored, none accommodated. The application then by the
Association would probably be for six boats, the four new ones
plus the two that are there. Those six boats would still be a
50 per cent differential, twice as many boats as what the
ordinance allows. The applicant is asking you to interpret a
section of the Code. They are asking you to read more into the
Code than is there, so that even this hypothetical situation,
they are asking for twice as many boats.
In conclusion, a common-sense approach to this
particular right-of-way of the Association is to look at the
Code wording. Apply what the Code says. That is what
interpretation is. The intent of the Code is not to be turned
inside-out and upside-down by letters from people who support
the application or by legal fiction that distorts the plain
meaning and language of a very clear statement in regard to who
the owner is and how many boats that owner can have. Thank you.
ZBA Hearings 53 April 22, 1993
THE CHAIRMAN: Thank you, sir. Is there anybody else
who would like to speak --Mr. Flynn, do you want to go first?
MR. MATZEN: Just a couple--
THE CHAIRMAN: Can you just reflect one second?
MR. FLYNN: Sure.
THE CHAIRMAN: Thank you.
MR. MATZEN: What he said about fifteen boats, he went
over this last meeting. The picture shows one of the boats he
is talking about is an ornamental boat on the lawn, on DiBlasi's
lawn. There is one dinghy I have down there on the beach. It
is not in the water. His own rowboat was up there for a good
many years, and sometimes in the water. He is talking about two
docks with four boats on there. Twenty years ago we had four
docks with eight boats on there. In disuse, two disappeared.
They kept theirs. No different than we had twenty years ago.
It wasn't crowded then. It is not crowded now; and the same two
moorings were out in front just where they are now. It has
never changed. So we are not asking for more than was there 20
years ago. He comes up with a lot of hype and stuff with those
pictures. You saw the pictures the last time, and I questioned
that before; he comes up with the same thing again. I don't
think he has a leg to stand on there really, the way he is
talking. Another thing is (coughing renders three words totally
inaudible) turned down by the Building Department from the
start. Only when the Board of Trustees asked for the
ZBA Hearings
54 April 22, 1993
interpretation were we able to have the Building Department turn
it down so we could go for the interpretation. We didn't ask
for the interpretation from the start. It was the Board of
Trustees that started all this. He is saying we did. We did
not. I fought for a whole year with the Town, and all the other
heads of departments, trying not to go to the Board of Appeals.
You know what. Linda is not here. I am sorry about her mother
dying, but Linda knows that from the start because I was talking
to her over a year ago on this, and that's all I have to say.
THE CHAIRMAN: I just wanted to mention since the
person who is doing the minutes is not the same person who is
here --okay. This is a very dear lady from the Assessor's
office that is assisting us tonight.
MR. MATZEN: I am sorry.
THE CHAIRMAN: We have to mention that the person who
just made that statement is Mr. Matzen so we can tape it with
the person who is doing it, because we didn't mention name.
Okay. Mr. Flynn? Thank you, sir.
MR. FLYNN: F. M. Flynn, a resident a Southold. I must
say that my presentation will be somewhat even more disorderly
than usual because I don't want to repeat what was said by the
previous speaker. But ordinarily I wouldn't involve myself in
internecine conflict, which is apparently what
here. But on contrative (sic) statements made,
Townwide are much too important not to be
is taking place
the implications
ZBA Hearings
55 April 22, 1993
discussed in some detail. For one thing, the ownership of
underwater land in Southold is not all that unusual. As a
matter of fact, as the Board probably knows, I own some myself.
Also, that underwater land, although privately owned, is subject
to the Trustees interpretation and the issuance of Trustee
permits, as I have found out. Now, this hearing is, as was
said, for an interpretation of the term Code, but it was stated
that it would not be precedent-setting. The application to
expand dockage in Spring Pond is of potentially major
dimensions, as was recited, from some low level of occupancy now
up to a potential of 77 boats.
Now the Building Inspector disapproved the application
based upon, as was recited, Section 100-31C(3). Now I am not
going to read that, but I would like to emphasize a portion
where it says other than those owned and used by the owners of
the premises --the owner, in the singular-- for his personal
use. As was stated, it was also disapproved by the CAC, who
recommended a maximum capacity of four boats and on single dock,
and opposed marina development by property owners association.
Now, the applicant concedes that Section 100-31C(3) applies to a
single owner. This whole thing revolves pretty much around
whether this is a single owner or not, whether the Gardiners Bay
Estates Incorporated is a single owner. Not to belabor the
point, but "Incorporated" comes from the Latin word "corpus,"
which means one body. It doesn't mean a number of bodies. It
ZBA Hearings 56 April 22, 1993
means one body. Now, the applicant correctly said that the
marina definition in 32-41 "Boats, Docks and Wharves" does not
apply in this situation. That is absolutely true because that
definition applies to any --I won't read the whole thing; but it
does say any dock, pier or other facility operated for profit,
so that is not a pertinent definition of a marina.
The proposed use actually meets the definition in
Section 113 of the Marina or Boat Basin, which says any premises
containing one or more piers, wharves, docks, moorings,
bulkheads, buildings, slips, basins or land under water,
designed, used or intended to be used or intended to be used
primarily for the docking or mooring of boats for or without
compensation; so this apparently would meet that definition of a
marina. Now this marina, in fact boat marina operations are
only permitted in M1 and M2 zoning. Now there is question on
anybody's part that the ownership of the underwater land
involved in question is vested in the Gardiners Bay Homeowners
Association Inc. Now the applicants advance several arguments
that the corporation is not a single owner, including the
definition of homeowners or homes association in Section
100-13. That states: A community association including a
condominium association which is organized in a residential
development in which individual owners have a shared interest
and responsibility. Now I underline "shared interest" because
that is definitive of a corporation. As I said, it should be
ZBA Hearings 57 April 22, 1993
noted that Section 100-31-3C refers to the owner and the
singular use for his personal use. As I mentioned, the
definition of homeowners association refers to a shared use.
Now while the applicant concedes that the property is owned by
the corporation --when I say "the property,"I mean the
underwater land. The counsel states that no definition of a
corporation is incorporated in New York State law. Well, maybe
that is not necessary to define a corporation; but inherent in
the word, as I stated, is that it is a single living body. I
find it hard to believe that, and I accessed in the short time
available to me, to a law library and in view of the thousands
of cases involving corporate litigation, that no such definition
exists. In any event, the SEC has certainly defined
corporations, if only by delineating their objectives, powers,
limitations and responsibilities. Now, one definition of a
corporation that I found in a commonly used dictionary is (1) a
body of persons granted a charter, legally recognizing them as a
separate entity having its own rights, privileges and liability
distinct from that of its members. So a corporation owning this
property, this underwater land, is distinct from that ownership
vested in the members of the corporation individually; and then
under (3), it says "any group of people combined into or acting
as, emphasized, one body."
ZBA Hearings 58 April 22, 1993
THE
minutes here.
MR.
THE
incomplete).
Webster's Collegiate Dictionary defines corporate as
combined into one body united, or formed into a body by legal
or enact (pausing).
CHAIRMAN: We are going to stop you in about two
Do you want to stop now?
FLYNN: Okay.
CHAIRMAN: We just have (end of tape, sentence
(Resuming on the record with a new tape.)
MR. FLYNN: I am trying to skip some of this.
THE CHAIRMAN: Thank you.
MR. FLYNN: To me, the claim that stockholders in a
corporation can exercise individual rights or ownership of
ownership in corporate property can only be defined as bizarre.
Carried to the extreme, a corporation such as General Motors
could buy some underwater land in $outhold and by the
application of this principle, all of its stockholders could use
it for moorings, within its physical capacity. The ownership of
underwater land, as I said, is not unusual. Were I as an owner
to follow the theory advocated by the applicants, I could
incorporate my ownership and all the stockholders therein would
have mooring rights. The implication of interpretation favoring
the applicant would have disastrous effects on Southold's bays,
estuaries and creeks. What is proposed here, in my opinion,
smacks more of separating this underwater land and combining it
ZBA Hearings
59 April 22, 1993
with the upland --would be something similar to a condominium
type of operation. So in my opinion, is to achieve the desired
results for this association, they would have to apply for a
change of zoning; and, in effect, Town Hall constitutes the
right church but appearing before the ZBA they are in the wrong
pew.
Thank you.
THE CHAIRMAN: Thank you, Mr. Flynn.
We would dearly like to take a short break, but I just want to
know, Carmella, how long you think you are going to be.
MS. BORRELLI:
like to make.
THE CHAIRMAN:
MS. BORRELLI:
I have about three comments I would
Okay. Thank you. Go.
One, we are not just talking about the
Association owning the land under the water; they own the land
to which the dock will be attached. That is Number One.
Number Two: I don't think that the section of the
code implied that the number of boats that an owner can put
there is limited. It is only non-owner boats that are limited
to two. An owner can have unlimited number of boats. I believe
that is what the Code said; and in terms of the interpretation
of the words in that section that --owned and used by the
owner-- I picked up, they certainly didn't mean the singular
when they said "the owner". They could have meant more than one
owner owning it because later on it says "for his personal use";
ZBA Hearings
60 April 22, 1993
and, I mean, does that mean that no women could have a boat
there?
THE CHAIRMAN: Certainly not, definitely not. I don't
even want to discuss that part.
(Interrupted by laughter in audience.)
MS. BORRELLI (continuing): I would like to call your
attention to a section of the Code which is in my letter and
which was in the original brief in terms of the definition of an
owner. An owner includes the duly authorized agent, attorney,
purchaser, devisee, fiduciary or any other person having a
vested or contingent interest in the property; and it is our
premise that the Association owns it; the members of the
Association, because they are members of the Association, have a
contingent interest in that property and therefore qualify under
the word "owner."
THE CHAIRMAN: Just one question. How does a person
not become a member of the Association? By not paying their
dues?
MS. BORRELLI: Right.
THE CHAIRMAN: Okay.
MRS.B. DORIS MATZEN:
within Gardiners Bay Estates,
THE CHAIRMAN: Oh, yes, certainly. But I mean they
would be stripped of their actual use of the common areas
Thank you. Any other comment?
They must also have property
They have to be a property owner.
ZBA Hearings
61 April 22, 1993
--which include the roads, I guess, also, to a certain degree--
if you did not pay the Association dues?
UNIDENTIFIED MAIL VOICE (Mr. Matzen?): If you don't
pay dues, you can still use the ramp.
THE CHAIRMAN: Because you can't deny them access to
their own property. It would just be the other amenities that
exist within that subdivision. Okay. Mr. Flynn, the same
situation. How long do you think you will be?
MR. FLYNN: Less than two minutes, approximately two
sentences.
THE CHAIRMAN: All right.
MR. FLYNN: A point was made about the ownership of
the surrounding upland. Were it not for that ownership, this
whole question would be entirely moot then. You cannot develop
underwater land unless you have the ownership of abutting
upland, and there are definitions involving prescribed parking
for the boats to be boarded at dock, et cetera, and I am not
sure of this, but I don't think there is any such facility
provided for it. And, again, the definition of owner was cited
here; and, again, it was in the singular. Now I don't believe
that the writers of the Code intended a plural definition when
they wrote it in the singular; and up until quite recently,
before the emergence of women's lib, his was more or less a
generic word and was probably so utilized at the time the Code
was written. Thank you.
ZBA Hearings
62 April 22, 1993
THE CHAIRMAN: I want to state quite honestly that we
have had innumerable amounts of associations before us but never
have we had such a professional group. I really commend you all
for coming before us. You did exactly as we asked. You used
your spokesperson who, in most cases, was your attorney, your
Marine Chairman, and so on and so forth. We really appreciate
that. It gives us a greater understanding of what we are
looking at here at this application; and bearing that in mind, I
will make a motion closing the hearing and reserving decision
until later.
(Seconded and carried; see Clerk's Minutes.)
THE CHAIRMAN: Safe home everybody, please, and thank
you again.
182 ~
I0O
61
I?
14.2
161
GARDIN£R'5 BAY ESTAT£~
1331
Minute tithes. Small tithes, such as usually belong to
a vicar, as of wool, lambs, pigs, butter, cheese, herbs,
seeds, eggs, honey, wax, etc.
Mixed tithes. Those which arise not immediately
from the ground, but from those things which are
nourished by the ground, e.g., colts, chickens, calves,
milk, eggs, etc.
Personal tithes. Personal tithes are tithes paid of
such profits as come by the labor of a man's parson;
as by buying and selling, gains of merchandise and
handicrafts, etc.
Predial tithes. Such as arise immediately from the
ground; as, grain of all sor~s, hay, wood, fruits, and
herbs.
Tithe-flee. Exempted from the payment of tithes.
Tithe rent-charge. A rent-charge established in lieu
of tithes, under the tithes commutation act, 1836 (St.
6 § 7 Wm. IV, c. 71). As between landlord and
tenant, the tenant paying the tithe rent-charge is
entitled, in the absence of express agreement, to de-
duct it from his rent, under section 70 of the above
act. And a tithe rent-charge unpaid is recoverable by
distress as rent in arrear.
Tithing /t~y~i~/. Act of paying tithes. One of the civil
divisions of England, being a portion of that greater
division called a "hundred." It was so called because
ten freeholders with their families composed one. It
is said that they were all knit together in one society,
and bound to the king for the peaceable behavior of
each other. In each of these societies there was one
chief or principal person, who, from his office, was
called "teothing-man," now "tithing-man."
Tithing-man /t~iySium~n/- A'~onstable. After the in-
troduction of justices of the peace, the offices of
constable and tithing-man became so similar that
they were regarded as precisely the same.
In New England, a parish officer annually elected to
preserve good order in the church during divine ser-
vice, and to make complaint of any disorderly con-
duct.
In Saxon law, the head or chief of a tithing or
decennary of ten families; he was to decide all lesser
causes between neighbors. In modern English law,
he is the same as an under-constable or peace-officer.
Tithing-penny /tiySigp&uly/. In Saxon and old English
law, money paid to the sheriff by the several tithings
of his county.
Titius /tlsh(iy)0s/. In Roman law, a proper name, fre-
quently used in designating an indefinite or fictitious
person, or a person referred to by way of illustration.
"Titius" and "Seius,' in this use, correspond to "John
Doe" and "Richard Roe," or to "A.B." and "C.D."
Title. A mark, style, or designation; a distinctive ap-
pellation; the name by which anything is known.
Thus, in the law of persons, a title is an appellation of
dignity or distinction, a name denoting the social rank
of the person bearing it; as "duke" or "count." So,
in legislation, the title of a statute is the heading or
preliminary part, furnishing the name by which the
act is individually known. It is usually prefixed to
the statute in the form of a brief summary of its
contents; as "An act for the prevention of gaming."
Black's Law Dictionary 5th Ed.--29
Again, the title of a patent is the short description of
the invention, which is copied in the letters patent
from the inventor's petition; e.g., "a new and im-
proved method of drying and preparing malt.".
The title of a book, or any literary composition, is
its name; that is, the heading or caption prefixed to
it, and disclosing the distinctive appellation by which
it is to be known. This usually comprises a brief
description of its subject-matter and the name of its
author.
See also Abstract of title; Action to quiet title;
Color of title; Cloud on title; Defective title; Dispar-
agement of title; Doubtful title; Good title; Indicia of
title; Just title; Legal title; Marketable title; Market-
able Title Acts; Merchantable title; Muniments of
ritle; Non-merchantable title; Onerous title; Owner;
Ownership; Paramount title; Possession; Recording
acts; Torrens title system; Worthier title.
Law of Trade-Marks
A title may become a subject of property; as one
who has adopted a particular title for a newspaper, or
other business enterprise, may, by long and prior
usage, or by compliance with statutory provisions as
to registration and notice, acquire a right to be pro-
tected in the exclusive use of it.
Real Property Law
Title is the means whereby the owner of lands has
the just possession of his property. The union of all
the elements which constitute ownership. Full inde-
pendent and fee ownership. The right to or owner-
ship in land; also, the evidence of such ownership.
Such ownership may be held individually, jointly, in
common, or in cooperate or partnership form.
One who holds vested rights in property is said to
have title whether he holds them for his own benefit
or for the benefit of another. Restatement, Second,
Trusts, § 2, Comment d.
See also Deed; Estate.
Procedure
Ever~ action, petition, or other proceeding has a
ritle, which consists of the name of the court in which
it is pending, the names of the parties, etc. Adminis-
tration actions are further distinguished by the name
of the deceased person whose estate is being adminis-
tered. Every pleading, summons, affidavit, etc., com-
mences with the title. In many cases it is sufficient
to give what is called the "short title" of an action,
namely, the court, the reference to the record, and the
surnames of the first plaintiff and the first defendant.
See also Capfion~
Generally
Absolute title. As applied to title to land, an exclu-
sive title, or at least a title which excludes all others
not compatible with it. An absolute title to land
cannot exist at the same time in different persons or
in different governments. See also Fee sknpl~
· Abstract of title. See that title. ~
Adverse title. A title set up in opposition to or
d~feasance of another title, or one acquired or
claimed by adverse possession. See Adverse posses-
TITLE
Bond for title. See Bond.
By accession. Title acquired by additions innocently
acquired such as in the case of intermingling of an-
other's property with one's own. See Accession.
By accretion. Title acquired by additions to oneh
property as in the case of deposits of soil from a
stream. See Accretion.
By adverse possession. See Adverse possession.
Chain o£ tlt/e. See that title; :also Abstract of title.
Clear title, good title, merchantable title, marketable
title, are synonymous; "clear title" meaning that the
land is free from incumbrances, "good title" being
one free from litigation, palpable defects, and grave
doubts, comprising both legal and equitable titles and
fairly deducible of record. See Marketable title.
Clear title o£ record, or clear record title. Title free
from apparent defects, grave doubts, and litigious
uncertainties, and is such title as a reasonably pru-
dent person, with full knowledge, would accept. A
title dependent for its validity on extraneous evi-
dence, ex parte affidavits, or written guaranties
against the results of litigation is not a clear title of
record, and is not such title as equity will require a
purchaser to accept. See Marketable title.
Color o£ title. See that title·
Covenants £or title. Covenants usually inserted in a
conveyance of land, on the part of the grantor, and
binding him for the completeness, security, and con-
tinuance of the title transferred to the grantee. They
comprise "covenants for seisin, for right to convey,
against incumbrances, for quiet enjoyment, some-
times for further assurance, and almost always of
warranty.!~ See Covenant.
De£ectlve title· Title which has some defect or is
subject to litigation and hence may not be transferred
to another. See Unmarketable title.
Document o£ title. See Document..
Doubtful title. See that title·
Equitable title. A right in the party to whom it
belongs to have the legal title transferred to him; or
the beneficial interest of one person whom equity
regards as the real owner, although the legal title is
vested in another. See also Equitable ownership.
Exan~nation o£ title. See Examination; Title search.
Good title. Title which is free of defects and litiga-
tion and hence may be transferred to another· See
Marketable title.
Imperfect title. One which requires a further exer-
cise of the granting power to pass the fee in land, or
which does not convey full and absolute dominion.
Lega/title. See that title.
Lucrative title. In the civil law, title acquired without
the giving of anything in exchange for it; the title by
which a person acquires anything which comes to
him as a clear gain, as, for instance, by gift, descent,
or devise. Opposed to "onerous title," as to which
see infra.
Marketable title. See that title.
Onerous title. In the civil law, title to
quired by the giving of a valuable consideration
such as the payment of money, the rendition of
ices, the performance of conditions,
of obligations, or the discharge of gens on
ty; opposed to "lucrative" title,
gift or otherwise without the giving of an
Paper title. A ritie to land evidenced by a
ance or chain of conveyances; the term
implying that such title, while it has color or
bility, is without substantial validity.
Perfect title. Various meanhigs have been
to this term: (l) One which shows the absolute r
of possession and of property in a particular
See Fee simple. (2) A grant of land which n
further act from the legal authority
absolute title to the land taking effect at once.
title which does not disclose a
ing the possibility of a lawsuit {o defend it; a ~
such as a well-informed and prudent man paying
value for the property would be willing to take.
title which is good both at law and in equity.
which is good and valid beyond all reasonabl
(6) A marketable or merchantable ritie.
able titl~
Presumptive title.
is of the very lowest order, arises out of the
occupation or simple possession of property (
sessionis), without any apparent right, or any
tense of right, to hold and continue such
Title by prescdption. See Title by adverse
adverse
1333
Title defective in form. Title on face of which some
defect appears, not one that may prove defective by
circumstances or evidence dehors the instrument.
Title defective in form cannot be basis of prescrip-
tion.
Title insurance. See Insurance.
Title o£a cause. The distinctive appellation by which
any cause in court, or other juridical proceeding, is
known and distinguished from others. See Caption.
Title o£ an act. The heading, or introductory clause,
of a statute, wherein is briefly recited its purpose or
nature, or the subject to which it relates.
Title o£ clergymen (to orders). Some certain place
where they may exercise their functions; also an
assurance of being preferred to some ecclesiastical
benefice.
Title o£ declaration. That preliminary clause of a
declaration which states the name of the court and
the term to which the process is returnable.
Title o£ entry. The right to enter upon lands.
Title registration. See Torrens title system.
Title retention. A form of lien, in the nature of a
chattel mortgage, to secure the purchase price.
American Indemnity Co. v. Allen, for Use and Benefit
of Commerce Union Bank, 176 Tenn. 134, 138 S.V~.2d
445, 446.
Title to orders. In English ecclesiastical law, a title to
orders is a certificate of preferment or provision re-
quired by the thirty-third canon, in order that a per-
son may be admitted into holy orders, unless he be a
fellow or chaplain in Oxford or Cambridge, or master
of arts of five years' standing in either of the universi-
ties, and living there at his sole charges; or unless the
bishop himself intends shortly to admit him to some
benefice or curacy.
Urrmarketable title. See that title.
Warranty o£ title. See Warranty.
Title documents. Those instruments necessary for es- tablishing or for conveying good title; e.g. deed.
Title guaranty company. A business organization
which searches title to determine whether any defects
or encumbrances are recorded and which then gives
the buyer of the property or the mortgagee a guaran-
ty of the title.
Title insurance. Sec Insurance.
Title search. An examination of the records of the
registry of deeds or other office which contains rec-
ords of title documents to determine whether title to
the property is good; £e. whether there are any
defects in the title. The examiner then prepares an
abstract of the documents examined. See also Ab-
stract of title; Examination.
Title standards. Criteria by which a title to real estate
may be evaluated to determine whether it is defective
or marketable. Many states through associations of
conveyancers and real estate attorneys have adopted
such standards.
Title transaction. Any transaction affecting title to any
interest in land, including title by will or descent, title
by tax deed, or deed by trustee, referee, guardian,
executor, administrator, master in chancery, sheriff,
or any other form of deed, or decree of any court, as
well as warranty deed, quitclaim deed, nlortgage, or
transfer or conveyance of any kind.
Titnlada /tiytuwl/ii3a/. In Spanish law, title.
Tltulus /tfch~10s/. Lat. Title. In the civil law, the
source or ground of possession; the means whereby
possession of a thing is acquired, whether such pos-
session be lawful or not.
In old ecclesiastical law, a temple or church; the
material edifice. So called because the priest in
charge of it derived therefrom his name and title.
Tltulus est justa causa possidendi id quod nostrum est;
dicitur a tuendo /ficholos ~st jSst~ kdzo p~)s~leday id
kwfid n6stram ~st, dfsadar by t(y)uw~ndow/. A title
is the just right of possessing that winch is our own;
it is so called from "tuendo,' defending.
To. V~nle this is ordinarily a word of exclusion, when
used in describing pregniecs, it has been held that the
word in a statute may be interpreted as exclusionary
or inclusionary depending on the legislative intent as
drawn from the whole statute. Clark v. Bunnell, 172
Colo. 32, 470 P.2d 42, 44. It may be a word of
inclusion, and may also mean "into."
Tort. A place or piece of ground on which a house
formerly stood, which has been destroyed by accident
or decay.
Toftmam In old English law, the owner of a toft.
Togati /towg~yday/. Lat. In Roman law, advocates;
so called under the empire because they were re-
quired, when appearing in court to plead a cause, to
wear the toga, which had then ceased to be the
customary dress in Rome.
Together. In union with, along with. Gilmore v. Mnl-
vihill, 109 Mont. 601, 98 P.2d 335, 341.
To have and to hold. The words in a conveyance which
show the estate intended to be conveyed. Thus, in a
conveyance of land in fec-simple, the grant is to "A.
and his heirs, to have and to hold the said [land] unto
and to the use of the said A., his heirs and assigns
forever."
Strictly speaking, however, the words "to have"
denote the estate to be taken, while the words "to
hold" signify that it is to be held of some superior
lord, i.e., by way of tenure (q.v.). The former clause
is called the "habendum;' the latter, the "tenen-
Token. A sign or mark; a material evidence of the
existence of a fact. A sign or indication of an inten-
tion to do something as in the case of one who places
a small order to show good faith to a seller with a
view towards placing a larger order at a future time.
Token-money. A conventional medium of exchange
consisting of pieces of metal, fashioned in the shape
and size of coins, and circulating among private per-
sons, by consent, at a certain value. No longer per-
mitted or recognized as money.,
Tolerate. To allow so as not to hinder; to permit as
something not wholly approved of; to suffer; to
endure.
1232
:t from
endent
others.
others.
-ession
~ liable
everal.
~ right
~y the
being
vered;
party
Fed.
~vo or
nates
a315as
. 599,
joint
is no
7 also
, etc.,
;es is
)f its
mty,
only
: and
rlton
.rket
mae-
:igh-
La.
1233
Severance tax. A tax on mineral or forest products at
the time they are removed or severed from the soil
and usually regarded as a form of property taxation.
Severe. Sharp, grave, distressing, violent, extreme, tor-
ture, rigorous, difficult to be endured. Traders &
General Ins. Co. v. Crouch, Tex. Civ. App., 113 S.W.2d
650, 652.
Seward, or seaward /s(y)dward/siywbrd/. One who
guards the sea-coast; custos marls.
Sex. The sum of the peculiarities of structure and
function that distinguish a male from a female organ-
ism; the character of being male or female.
S.F.S. An abbreviation in the civil law for "sine ffaude
sua" (without fraud on his part).
Shack. In old English law, the stray/ng and escaping of
cattle out of the lands of their owners into other
uninclosed land; an intercommoning of cattle.
Shakedown. Extortion of money with threats of physi-
cal harm or, in case of police officer, threat of arrest.
See also Blaclunail; Extortion.
Shall. As used in statutes, contracts, or the like, this
word is generally imperative or mandatory. In com-
mon or ordinary parlance, and in its ordinary signifi-
cation, the term "shall" is a word of command, and
one which has always or which must be given a
compulsory meaning; as denoting obligation. It has
a peremptory meaning, and it is generally imperative
or mandatory. It has the invariable significance of
excluding the idea of discretion, and has the signifi-
cance of operating to impose a duty which may be
enforced, particularly if public policy is in favor of
this meaning, or when addressed to public officials
or where a public interest is involved, or where the
public or persons have rights which ought to be
exercised or enforced, unless a contrary intent ap-
pears. People v. O'Rourke, 124 Cai. App. 752, 13 P.2d
989, 992.
But it may be construed as merely permissive or
directory (as equivalent to "may"), to carry out the
legislative intention and in cases where no right or
benefit to any one depends on its being taken in the
imperative sense, and where no public or private
right is impaired by its interpretation in the other
sense. Wisdom v. Board of Sup'rs of Polk County,
236 Iowa 669, 19 N.W.2d 602, 607, 608.
Sham. False. A transaction without substance that
will be disregarded for tax purposes. See also Dum-
Sham pleading. Those which are inherently false and
must have been known by interposing party to be
untrue. Pentecostal Holiness Church, Inc. v. Mau-
ney, Fla. App., 270 So.2d 762, 769. A "sham plead-
ing'', subject to motion to strike (Fed. R.Civil P. 12(f)),
is one that is good in form, but false in fact, and not
pleaded in good faith. Scott v. Meek, 228 S.C. 29, 88
$.E.2d 768, 769. A pleading is "sham" only when it
is so clearly false that it does not raise any bona fide
issue. Fontana v. Town of Hempstead, 219 N.Y.S.2d
383, 384.
Shanghai /shi~hfiy/. Practice of drugging, tricking,
intoxicating or otherwise forcing persons to become
SHARP
sailors--usually to secure advance money or a premi-
um.
Under federal law. the offense of procuring or in-
ducing, or attempting to do so. by force, or threats, or
by representations which one knows or believes to be
untrue, or while the person is intoxicated or under
the influence of any drug. to go on board of any
vessel, or agree to do so. to perform service or labor
thereon, such vessel being engaged in interstate or
foreign commerce, on the high seas or any navigable
water of the United States. or knowingly to detain on
board such vessel such person, so procured or in-
duced, or knowingly aiding or abetting such things.
Share, v. To partake; enjoy with others; have a por-
tion of.
Share, n. A part or defdite portion of a thing owned
by a number of persons in coro-mon and contemplates
something owned in common by two or more persons
and has reference to that part of the undivided inter-
est which belongs to some one of them. A unit of
stock representing ownership in a corporation. See
also Distributive share; Share of corporate stock;
Stock.
Share and share alike. In equal shares or proportions.
The words commonly indicate per capita division;
and they may be applied to a division between classes
as well as to a division among individuals. See Per
capit~
Share certificate. An instrument of a corporation cer-
tifying that the person therein named is entitled to a
certain number of shares; it is prima facie evidence
of his title thereto. Document which evidences par-
ticipation in a voting trust of shares of a corporation.
Sharecropper. Type of tenant farmer who lives on and
works the land of another, his compensation being a
portion of the crops minus any advances for seed.
food, tools, etc.
Sharecropping. Type of agricultural arrangement in
which the landowner leases land and equipment to
tenant or sharecropper who, in turn, gives to the
landlord a percentage of the crops as rent.
Shareholder. See Stockholder.
Share of corporate stock. A proportional part of cer-
tain rights in a corporation during its existence, and
in the assets upon dissolution, and evidence of the
stockholder's ratable share in the distribution of the
assets on the winding up of the corporation's busi-
ness. Department of Treasury of Indiana v. Crowder,
214 Ind. 252, 15 N.E.2d 89, 91. See Share certificate;
d to establish an attempt to
act done to carry out the
be such as would naturally
prevented by some extrane-
something done that directly
ne, and brings the accused
n than mere acts of prepara-
will apparently result, in the
~ of events, if not hindered by
he commission of the crime
me of treason, and the provi-
~stitution that a person shall
,f unless on the testimony of
same "overt act," the term
or action really taken in the
bhi purpose, as distinguished
dso from a treasonable senti-
e not issuing in action. It is
the crime. One which mani-
~e traitor to cormnit treason.
fll justify the exercise of the
uch as would manifest to the
erson a present intention to
bodily harm.
)mpletes crime of conspiracy
; something apart from con-
to effect the object of the
~ neither a criminal act, nor
~nspiracy, but must accompa-
and must be done in further-
cement. Marino v. United
2d 691,694, 695.
itch up with in a course of
Beene, 170 Tenn. 116, 92
tch up with and pass.
Purchases and sales of secu-
nselves, between themselves,
rather than on an exchange.
~rket is the principal market
d municipal bonds.
working hours; beyond the
of w~/ges paid employee for
nd regularly fixed working
proposal.
in word, not to be misunder-
~r omit something, especially
~o refer to a moral or social
ty; an equalization charge.
t law in several compound
sum of money given, when
nged lands, by the owner of
to the owner of the more
exchange.
um of money paid by one of
enants to the other, when a
ted between them, but, the
bhi of division into exactly
~ent is required to make the
:gned to them of equal value.
ty has been exercised by the
~e immemorial.
Owelty o£ services. In the feudal law, the conditi0o
obtaining when there is lord, mesne, and tenant, a~
the tenant holds the mesne by the same service
the mesne holds over the lord above him,
Owin~ Unpaid. A debt, for example, is owing while
is unpaid, and whether it be due or not.
Owling /fiw(a)li~/. In English law, the offense of tran~
porting wool or sheep out of the kingdom; so called
from its being usually carried on in the nighL 4
BI.Comm, 154.
Own. To have a good legal title; to hold as propert~
to have a legal or rightful title to; to have; to
sess.
Owner. The person in whom is vested the ownership,
dominion, or title of property; proprietor. He who
has dominion of a thing, real or personal, corporeal or
incorporeal, which he has a right to enjoy and do
with as he pleases, even to spoil or destroy it, as far
as the law permits, unless he be prevented by some
agreement or covenant which restrains his right.
The term is, however, a nomen generalissimum.
and its meaning is to be gathered from the connection
in which it is used, and from the subject-matter to
which it is applied, The primary meaning of the
word as applied to land is one who owns the fee and
who has the right to dispose of the property, but the
term also includes one having a possessory right to
land or the person occupying or cultivating it.
The term "owner" is used to indicate a person in
whom one or more interests are vested for his own
benefit. The person in whom the interests are vested
has "title" to the interests whether he holds them for
his own benefit or for the benefit of another. Thus
the term "title," unlike "ownership," is a colorless
word; to say without more that a person has title to
certain property does not kid',cate whether he ho]d~
such property for his own benefit or as trustee,
statement, Second, Trusts, § 2, Comment (d);
statement of Property, § 10.
See also Ownership.
Beneficial owner. See Beneficial owner;, also Equita-
ble owner, below.
Equitable owner. One who is recognized in equity as
the owner of property, because the real and beneficial
use and title belong to him, although the bare legal
title is vested in another, e.g., a trustee for his benefit.
One who has a present title in land which will ripen
into legal ownership upon the performance of condi-
tions subsequent. There may therefore be two "own-
ers" in respect of the same property, one the nominal
or legal owner, the other the beneficial or equitable
owner. See also Beneficial owner.
General and beneficial owner. The person whose
interest is primarily one of possession and enjoyment
in contemplation of an ultimate absolute ownership;
--not the person whose interest is primarily in the
enforcement of a collateral pecuniary claim, and does
not contemplate the use or enjoyment of the property
as such. See also Beneficial owner.
General owner. He who has the primary or residuary
title to it; as distinguished from a special owner, who
has a special interest in the same thing, amounting to
a qualified ownership, such, for example, as a bailee'S
lien. One who has both the right of property and of
possession.
Jointowners. Twoormorepe~sonswhojointlyown
and hold title to property, e.g., joint tenants, and also
partners and tenants in corrmlon. In its most corn-
997
prehensive sense, the term embraces ail cases where
the property in question is owned by two or more
persons regardless of the special nature of their rela-
tionship or how it came into being. An estate by
entirety is a "joint ownership" of a husband and wife
as at common law notwithstanding legislative enact-
ments touching joint tenancy. Cullum v. Rice, 236
Mo. App. 1113, 162 S.V~r.2d 342, 344. See also Joint
estate; Tenancy.
Legal owner. One who is recognized and held re-
sponsible by the law as the owner of property. In a
more particular sense, one in whom the legal title to
real estate is vested, but who holds it in trust for the
benefit of another, the latter being called the "equita-
ble'' owner.
Part owners. Joint owners; co-owners; those who
have shares of ownership in the same thing. See
Joint owaers, supra.
Reeord owner. This term, particularly used in stat-
utes requiring notice of tax delinquency or sale,
means the owner of record, not the owner described
in the tax roll; the owner of the title at time of notice.
Reputed owner. One who has to all appearances the
title to, and possession of, property; one who, from
all appearances, or from supposition, is the owner of
a thing. He who has the general credit or reputation
of being the owner or proprietor of goods,
Riparian owner. See Riparian.
Sole and unconditional owner. An expression com-
monly used in fire insurance policies, in which the
word "sole" means that no one else has any interest
in the PrOperty as owner, and "unconditional" means
that the quality of the estate is not limited or affected
by any condition. To be "unconditional and sole,"
the interest or ownership of the insured must be
completely vested, not contingent or conditional, nor
in common or jointly with others, but of such uature
that the insured must alone sustain the entire loss if
the property is destroyed; and this is so whether the
title is legal or equitable. It is sufficient to satisfy the
requirements of "sole and unconditional ownership"
that the insured is the sole equitable owner and has
the full equitable title. It is enough that the insured
is equitably entitled to immediate and absolute legal
ownership. The term contemplates beneficial and
practical proprietorship and not necessarily tecimical
title.
Special owner. One who has a special interest in an
article of property, amounting to a qualified owner-
ship of it, such, for example, as a bailee's lien; as
distinguished from the general owner, who has the
primary or residuary title to the same thing. Some
person holding property with the consent of, and as
representative of, the actual owner.
Ownership. Collection of rights to use and enjoy prop-
erty, including right to transmit it to others, Trustees
of Phillips Exeter Academy v. Exeter, 92 N.H. 473, 33
A.2d 665, 673. The complete dominion, title, or pro-
prietary right in a thing or claim. The entirety of the
powers of use and disposal allowed by law.
The right of one or more persons to possess and
use a thing to the exclusion of others. The right by
Which a thing belongs to some one in particular, to
the exclusion of all other persons. The exclusive
,right of possession, enjoyment, and disposal; involv-
ing as an essential attribute the right to control°
handle, and dispose. : ·
d to establish an attempt to
act done to carry out the
be such as would naturally
; prevented by some extrane-
something done that directly
ne, and brings the accused
n than mere acts of prepara-
will apparently result, in the
e of events, if not hindered by
.he comnfission of the crime
/me of treason, and the provi-
~stitution that a person shall
~f unless on the testimony of
same "overt act," the term
or action really taken in the
ble purpose, as distinguished
dso from a treasonable senti-
~e not issuing in action. It is
the crime. One which mani-
~e traitor to cormmit treason.
~ill justify the exercise of the
.uch as would manifest to the
~erson a present intention to
~ bodily harm.
ompletes crime of conspiracy
s something apart from con-
to effect the object of the
e neither a criminal act, nor
~nspiracy, but must accompa-
and must be done in further-
'eement. Marino v. United
2d 691,694, 695.
atch up with in a course of
Beene, 170 Tenn. ll6, 92
~tch up with and pass,
Purchases and sales of secu-
mselves, between themselves,
rather than on an exchange.
arket is the principal market
d municipal bonds.
working hours; beyond the
of wages paid employee for
~nd regularly fixed working
proposal.
dn word, not to be m/sunder-
or omit something, especially
lo Fefer to a moral or social
ity; an equalization charge.
law in several compound
· sum of money given, when
:nged lands, by the owner of
~ to the owner of the more
exchange.
;um of money paid by one of
enants to the other, when a
:ted between them, but, the
ble of division into exactly
lent is required to make the
igned to them of equal value.
ty has been exercised by the
ne immemorial.
Owelty of services. In the feudal law, the conditJc~
obtaining when there is lord, mesne, and tenant, and
the tenant holds the mesne by the same service th~
the mesne holds over the lord above him,
Owing. Unpaid. A debt, for example, is owing while a
is unpaid, and whether it be due or not.
Owling /~w(~)li0/. In English law, the offense of tran~
porting wool or sheep out of the kingdom; so called
from its being usually carried on in the night~ 4
BI.Cornm. 154.
Ow~ To have a good legal title; to hold as propen~
to have a legal or rightful title to; to have; to
sess.
Owner. The person in whom is vested the ownerslup,
dominion, or title of property; proprietor. He who
has dominion of a thing, real or personal, corporeal or
incorporeal, which he has a right to enjoy and do
with as he pleases, even to spoil or destroy it, as far
as the law permits, unless he be prevented by some
agreement or covenant which restrains his right.
The term is, however, a nomen generalissimurr~
and its meaning is to be gathered from the connection
in which it is used, and from the subject-matter to
which it is applied. The primary meaning of the
word as applied to land is one who owns the fee and
who has the right to dispose of the property, but the
term also includes one having a possessory right to
land or the person occupying or cultivating it,
The term "owner" is used to indicate a person in
whom one or more interests are vested for his own
benefit, The person in whom the interests are vested
has "title" to the interests whether he holds them for
his own benefit or for the benefit of another. Thus
the term "ti~e," unlike "ownership," is a colorless
word; to say without more that a person has title to
certain property does not indicate whether he holds
such property for his own benefit or as trustee, Re-
statement, Second, Trusts, § 2, Comment id); Re-
statement of Property, § 10,
See also Ownership.
Beneficial owner. See Beneficial owner;, also Equita-
ble owner, below.
Equitable owner. One who is recognized in equity as
the owner of property, because the real and beneficial
use and title belong to him, although the bare legal
title is vested in another, e.g., a trustee for his benefit.
One who has a present title in land which will ripen
into legal ownership upon the performance of condi-
tions subsequent, There may therefore be two "own-
ers" in respect of the same property, one the nominal
or legal owner, the other the beneficial or equitable
owner. See also Beneficial owner.
General and beneficial owner. The person whose
interest is primarily one of possession and enjoymeni
in contemplation of an ultimate absolute ownership;
--not the person whose interest is primarily in the
enforcement of a collateral pecuniary claim, and does
not contemplate the use or enjoyment of the property
as such. See also Beneficial owner.
General owner. He who has the primary or residuary
title to it; as distinguished from a specialowner, who
has a special interest in the same thing, amounting to
a qualified ownership, such. for example, as a ballee's
lien. One who has both the right of property and of
possession.
Joint owners. Two or more persons who jointly own
and hold title to property, e.g., joint tenants, and also
partners and tenants in common. In its most corn-
997
prehensive sense, the term embraces all cases where
the property in question is owned by two or more
persons regardless of the special nature of their rela-
tionship or how it came into being. An estate by
entirety is a "joint ownership" of a husband and wife
as at common law notwithstanding legislative enact-
ments touching joint tenancy, Cullum v. Rice, 236
Mo. App. 1113, 162 S.W.2d 342, 344. See also Joint
estate; Tenancy.
Legal owner. One who is recognized and held re-
sponsible by the law as the owner of property, In a
more particular sense, one in whom the legal title to
real estate is vested, but who holds it in trust for the
benefit of another, the latter being called the "equita-
ble'' owner,
Part owners. Joint owners; co-owners; those who
have shares of ownership in the same thing. See
Record owner· This term, particularly used in stat-
utes requiting notice of tax delinquency or sale,
in the tax roll; the owner of the title at time of notice.
Reputed owner. One who has to all appearances the
iitle to, and possession of, property; one who, from
all appearances, or from supposition, is the owner of
a thing. He who has the general credit or reputation
of being the owner or proprietor of goods.
Riparian owner. See Riparian.
Sole and unconditional owner. An expression com~
mouly used in fire insurance policies, in which the
in the property as owner, and "unconditional" means
that the quality of the estate is not limited or affected
by any condition. To be "unconditional and sole,"
the interest or ownership of the insured must be
in common or jointly with others, but of such nature
that the insured must alone sustain the entire loss if
the property is destroyed; and this is so whether the
title is legal or equitable. It is sufficient to satisfy the
that the insured is the sdle equitable owner and has
the full equitable title. It is enough that the insured
is equitably entitled to immediate and absolute legal
ownership. The term contemplates beneficial and
practical proprietorship and not necessarily technical
title.
Special owner. One who has a special interest in an
article of property, amounting to a qualified owner-
ship of it, such, for example, as a baihie's lien; as
distinguished from the general owner, who has the
primary or residuary title to the same thing. Some
person holding property with the consent of. and as
Ownership. Collection of rights to use and enjoy prop-
erty. including right to transmit it to others. Trustees
of Phillips Exeter Academy v. Exeter, 92 N.H. 473. 33
A.2d 665, 673. The complete dominion, title, or pro-
prietary right in a thing or claim. The entirety of the
powers of use and disposal allowed by law.
The right of one or more persons to possess and
use a thing to the exclusion of others. The right by
which a thing belongs to some one in particular, to
the exclusion of all other persons. The exclusive
.right of possession, enjoyment, and disposal; involv-
ing as an essential attribute the right to control°
handle, and dispose.
cover posstole liability; e.g. possible judgn~en[
against company.
A fund created in anticipation of incidental or un.
foreseen expenditures.
Contingency with double aspect. A remainder is said to
be "in a contingency with double aspect," when there
is another remainder limited on the same estate, not
in derogation of the first, but as a substitute for it in
case it should fail.
Contingent /konfinjant/. Possible, but not assured;
doubtful or uncertain; conditioned upon the OCcur-
rence of some future event whicl,, is itself uncertain,
or questionable.· Synonymous with provisional, This
term, when applied to a use, remainder, devise, be-
quest, or other legal right or interest, implies that no
present interest exists, and that whether such interest
or right ever will exist depends upon a future uncer-
tain event.
As to contingent Damages; Fee; Legacy; Limita-
tion; Remainder; Trust; and Use, see those titles.
Contingent beneficiary. Person who may or will benefit
if primary beneficiary dies or otherwise loses rights
as beneficiary; e.g. person who will receive life insur-
ance if primary beneficiary dies before insured·
Contingent claim. One which has not accrued and
which is dependent on some future event that may
never happen. ·
i?~ontingent debt. One which is not presently fixed, but
may become so in the future with the occurrence of
some uncertain event. A debt in bankruptcy which
may be proved and allowed and which arises out of
contract. It does not encompass a tort claim on
which no action or suit has been brought prior to
' adjudication. Resolute Ins. Co. v. Underwood, La.
App., 230 So.2d 433, 435. Term may refer to debt
incurred by state to which state pledges its credit and
guarantees payment if revenues from funded project
prove inadequate. Rochlin v. State, 112 Ariz. 171,
540 P.2d 643. gee also Contingent claim; Contingent
liability.
Contingent estate, interest or right. An estate, interest
or right which depends for its effect upon an event
which may or may not happen; as an estate limited
to a person not in esse, or not yet born.
Contingent fee. See Fee.
Contingent fund. One set up by a municipality to pay
expense items which will necessarily arise during the
· year but cannot appropriately be classified under any
of the specific purposes for which other taxes are
leviedt. First Nat. Bank of Norman v. City of Nor-
man, 182 Oki. 7, 75 P.2d. 1109, 1110. See also contin-
gency reserve.
Contingent interest In personal property. A future in-
terest not transmissible to the representatives of the
party entitled thereto, in case he dies before it vests
in possession. Thus, if a testator leaves the income
of a fund to his wife for life, and the Capital of the
fund to be distributed among such of his children as
shall be living.at her death, the interest of each child
during the widow's life-time is contingent, and in case
291
of his death is not transmissible to his representa-
Contingent liability. One which ii not now fixed ~nd
absolute, but which will become so in case of the
~ccurrence of some future and uncertain event.
Warren Co. v. C. I. R., C.C.A.Ga., 135 F.2d 679, 684,
~;SS. A potential liability; e.g. pending lawsuit. See
:dso Contingent claim; Contingent debt.
C(mtingent remainder. See Remainder.
Co.~tinual claim.. In old English law, a formal claim
made by a party entitled to enter upon any lands or
tenements, but deterred from such entry by menaces,
, r boddy fear, for the purpose of preserving or keep-
mg ahve his right. It was called "continual", because
~r was required to be repeated once in the space of
,.very year and day. It had to be made as near to the
hud as the party could approach with safety, and,
~ben made in due form, had the same effect with,
and in all respects amounted to, a legal entry. 3
I~l Comm. 175.
Continuance. The adjournment or postponement of a
~ession, hearing, trial, or other proceeding to a subse-
quent day or time. Also the entry of a continuance
made upon the record of the court, for the purpose of
~-rmally evidencing the postponement, or of connect-
m~ the parts of the record so as to make one continu-
~us whole.
Continuance nisi /kontinyuw~n(t)s nJysay/. A post-
ponement on a condition or for a specific period of
Continuando /k~ntinyuwlndow/. In old pleading, a
form of allegation in which the trespass, criminal
offense, or other wrongful act complained of is
charged to have been committed on a specified day
and to have "continued" to the present time, or is
averred to have been committed at divers days and
times within a given period or on a specified day and
on divers other days and times between that day and
another. ~his is called "laying the time with a con-
Continuing. Enduring; not terminated by a single act
or fact; subsisting for a definite period or intended to
cOVer or apply to successive similar obligations or
As to continuing Breach; Consideration; Con~pir-
acy; Covenant; Damages; Guaranty; and Nuisance,
see those titles. See also Perpetuity. .-::
Continuing contract. A contract calling for periodic
performances over a space of time... ~
C~ntinuing jurisdiction. A doctrine invoked commonly
tn child custody or support cases by which a court
which has once acquired jurisdiction continues to
possess it for purposes of amending and modifying its
· orders therein. Curtis v. Gibbs, Tex., 511 S.W.2d
263.
Continuing offense. Type of crime which is committed
over a span of time as, for example, a conspiracy. As
to period of statute of limitatinn; the last act of the
offense controls for commencement of the period. A
"continuing offense," such that only the last act
· thereof within the period of the statute of limitations
need be alleged in the
one which may consist
conduct but which a:
thought, purpose or a~
single impulse· U.S. ~
345 F.Supp. 1101, 11(
Continuous. UninterruF
tent or occasional; so
intervals as to constitu
Connected, extended, ¢
or interruption of seq~
cock Mut. Life Ins. (
S.W.2d 870, 877. As
"Easement", see those
Continuous adverse use.
the term "uninterrupte
Continuous injury. One;
so as to be of repeated
injury that never cease
Continuously. Uninterru
without intermission o
lng time; with continu
Contra. Against, confru~
hand; on the contrary.
Contra accounts. In acc
are related to and shou
accounts, e.g. reserve
shown with the asset
Contra-bxiance. Balanc~
posite of the normxi
account receivable wit
contraband. In general,
ful to produce or poss
imported into a count
the importation or exp
by law. Smuggled go~
traband.
Contraband of war. Ce
such as arms and amm
international law, can
carried by a neutral m
eats. If found in ira
goods may be seized a
neutrality. ~ ,'
Contra bonos mores
Against good morals.
are void. ' ??
Contracausator /kbntr~l
prosecuted for a crime
Contraceptive. Any de~
vents fertilization of tl-
Contraceptivism. The c
scribing contraceptive-'
vitality today with res
married persons. Bah
92 S.CC 1029, 31 L. Ed.
Contract. An agreement
which creates an obit
cover posslote liability; e.g. possible judgment
against company.
A fund created in anticipation of incidental or un.
foreseen expenditures.
Contingency with double aspeeL A remainder is said to
be "in a contingency with double aspect," when there
is another remainder limited on the same estate, not
in derogation of the first, but as a substitute for it in
case it should fail.
Contingent /kantinjant/. Possible, but not assured;
doubtful or uncertain; conditioned upon the occur.
rence of some future event whirl~. is itself uncertain,
or questionable.' Synonymous witl~ provisional. This
term, when applied to a use, remainder, devise, be-
quest, or other legal fight or interest, implies that no
present interest exists, and that whether such interest
or right ever will exist depends upon a future uncer-
tain event.
As to contingent Damages; Fee; Legacy; Limita-
tion; Remainder; Trust; and Use, see those titles.
Contingent beneficiary. Person who may or will benefit
if primary beneficiary dies or otherwise loses rights
as beneficiary; e.g. person who will receive life insur-
ance if primary beneficiary dies before insured.
Contingent claim. One which has not accrued and
which is dependent on some futur~ event that may
never happen. ~ ·
Contingent debt. One which is not presently fixed, but
may become so in the future with the occurrence of
some uncertain event. A debt in bankruptcy which
may be proved and allowed and which arises out of
contract. It does not encompass a tort claim on
which no action or suit has been brought prior to
adjudication. Resolute Ins. Co. v. Underwood, La.
App., 230 So.2d 433, 435. Term may refer to debt
incurred by state to which state pledges its credit and
guarantees payment if revenues from funded project
prove inadequate. Rochiin v. State, 112 Ariz. 171,
S40 P.2d ~43. See also Contingent claim; Contingent
liability.
interest or right. An estate, interest
or right which depends for its effect upon an event
which may or may not happen; as an estate limited
to a person not in e$$e. or not yet born.
Contingent fee. See Fee.
Contingent fund. One set up by a municipality to pay
expense items which will necessarily arise during the
· year but cannot appropriately be classified under any
of the specific purposes for which other taxes are
levied~ First Nat. Bank of Norman v. City of Nor-
man, 182 Oki. 7, 75 P.2d 1109, 11 i0. See also Contin-
gency reserve.
Contingent interest in personal property. A future in-
terest not transmissible to the representatives of the
party entitled thereto, in case he dies before it vests
in possession. Thus, if a testator leaves the income
of a fund to his wife for life, and the capital of the
fund to be distributed among such of his children as
shall be living at her death, the interest of each child
during the widow's life-time is contingent, and in case
291
~f his death is not transmissible to his representa-
Contingent liability. One which ia n~t now fixed ~nd
.,bsolute, but which will become so in case of the
~¢currence of some future and uncertain event.
',;'arren Co. v. C. I. R., C.C.A.Ga.. 135 F.2d 679, 684,
,;SS. A potential liability; e.g. pending lawsuit. See
:dso Contingent elaim; Contingent debt.
~.'~nlingent remainder. See Remainder.
C,ntinual claim. In old English law, a formal claim
~:~:~de by a party entitled to enter upon any lands or
I,,nernents, but deterred from such entry by menaces,
,: bodily fear, for the purpose of preserving or keep-
~r~g. alive bis right, it was called "continual", because
~: ,.vas required to be repeated once in the space of
,.very year and day It had to be made as near to the
l;m~t as the party could approach with safety, and,
~hen made in due form, had the same effect with.
;~nd in all respects amounted to, a legal entry. 3
[:l. Comm. 175.
Continuance. The adjournment or postponement of a
~ession, hearing, trial, or other proceeding to a subse-
~:~ent day or time. Also the entry of a continuance
~ade upon the record of the court, for the purpose of
tr,rrnally evidencing the postponement, or of connect-
~ng the parts of the record so as to make one continu-
Continuance nisi /kantinyuwan(t)s n~ysay/. A pest-
ponement on a condition or for a specific period of
Continuando /kantinyuw~ndow/. In old pleading, a
form of allegation in which the trespass, criminal
offense, or other wrongful act complained of is
charged to have been committed on a specified day
and to have "continued" to the present time, or is
averred to have been committed at divers days and
times within a given period or on a specified day and
on divers other days and times between that day and
another. This is called "laying the time with a con-
Continuing. Enduring; not terminated by a single act
or fact; subsisting for a definite period or intended to
cover or apply to successive similar obligations or
As to continuing Breach; Consideration; Conspir-
acy; Covenant; Damages; Guaranty; and Nuisance,
see those titles. See also Perpetuity.
Continuing contract. A contract calling for periodic
performances over a space of time. :~ ,
Continuing jurisdiction. A doctrine invoked commonly
in child custody or support cases by which a court
which has once acquired jurisdiction continues to
- possess it for purposes of amending and modifying its
· orders therein· Curtis v. Gibbs, Tex., 511 S.W.2d
263.
Continuing offense. Type of crime which is committed
OVer a span of time as, for example, a conspiracy. As
lo period of statute of limitation~ the last act of the
offense controls for commencement of the period. A
continuing offense," such that only the last act
thereof within the period of the statute of limitations
need be alleged in the
one which may consist
conduct but which
thought, purpose or ac
single impulse. U.S.
345 F.Supp. 1101, 11C
Continuous. Uninterrup
tent or occasional; so
intervals as to constitut
Connected, extended, c
or interruption of seqt
cock Mut. Life Ins. (
S.W.2d 870, 877. As
"Easement", see those
Continuous adverse use.
the term "uninterrupte
Continuous injury. One
so as to be of repeated,
injury that never cease
Continuously. Uninterru
without intermission o
lng time; with continu
Contra. Against, confror
hand; on the contrary.
Contra accounts. In acc~
are related to and shou
accounts, e.g. reserve
shown with the asset
Contra-bainnce. Balance
posite of the normal
account receivable witl
Contraband. In general.
ful to produce or poss
imported into a count~
the importation or exp~
by law. Smuggled go~
traband.
Contraband of war. Ce
such as arms and arum
international law, can:
carried by a neutral n~
eats. If found in ira
goods may be seized a~
neutrality.
Contra bonos mores
Against good morals.
are void.
Contracausator /k6ntral~
prosecuted for a crime
Controceptive. Any dex
vents fertilization of th
Contraceptivism.
scribing contraceptive-~
vitality today with res
married persons. Bait
92 S.Ct. 1029, 31 L. Ed.
Contract. An agreement
which creates an obli
CONTESTATION OF SUIT
Contestation of suit. In an ecclesiastical cause, that
stage of the suit which is reached when the defendant
has answered the libel by giving in an allegation. See
also Answer; Contest; Defense.
Contested election. An einction may be said to be
contested whenever an objection is formally urged
against it which, if found to be true in fact, would
invalidate it. This is true both as to objections found-
ed upon some constitutional provision and to such as
are based on statutes·
Contest of will. See Will contest.
Context. The context of a particular sentence or clause
in a statute, contract, wig, etc., comprises those parts
of the text which immediately precede and follow it.
The context may sometimes be scrutinized, to aid in
the interpretation of an obscure passage. See Con-
struction.
Contiguous /kantigyuwos/. In close proximity; neigh-
boring; adjoining; near in succession; in actual close
contact; touching at a point or along a boundary;
bounded or traversed by. The term is not synony-
mous with "vicinaL" Ehle v. Tenney Trading Co., 56
Ariz. 241, 107 P.2d 210, 212.
Contineneia /k6ntin6nsiyo/. In Spanish law, continen-
cy or unity of the proceedings in a cause.
Contlnens /k6nt~nonz/. In the Roman law, continuing;
holding together. Adjoining buildings were said to be
continentia.
Continental Pertaining or relating to a continent;
characteristic of a continent; as broad in scope or
purpose as a continent.
Continental Congress. The first national legislative as-
sembly in the United States, which met in 1774, in
pursuance of a recommendation made by Massachu-
setts and adopted by the other colonies. In this
Congress all the colonies were represented except
Georgia. The delegates were in some cases chosen
by the legislative assemblies in the states; in others
by the people directly. The powers of the Congress
were undefined, but it proceeded to take measures
and pass resolutions which concerned the general
welfare and had regard to the inauguration and pros-
ecution of the war for independence.
Continental currency. Paper money issued under the
authority of the continental congress.
Contlnentia /k6nton~nsh(iy)o/. In old English practice,
continuance or connection. Applied to the proceed-
ings in a cause.
Contingency /kontinjon(t)siy/. Quality of being contin-
gent or casual; the possibility of coming to pass; an
event which may occur; a possibility; a casualty. A
fortuitous event, which comes without design, fore-
sight, or expectation. See also Contingent.
Contingency contract. A contract, part of performance
of which at least is dependent on the happening of a
contingency. Sometimes used to refer to fee arrange-
ment with attorney who agrees to accept his fee on
the contingency of a successful outcome. See Fee.
2~
Contingency reserve. In accounting, a reserve set up
cover possible liability; e.g. possible judgme~
against company.
A fund created in anticipation of incidental or
foreseen expenditures.
Contingency with double aspecL A remainder is said to
be "in a contingency with double aspect," when ther~
is another remainder limited on the same estate, not
in derogation of the first, but as a substitute for it in
case it should fail.
Contingent /kantinjont/. Possible, but not assured.
doubtful or uncertain; conditioned upon the occur.
fence of some future event whicE is itself uncerta~
or questionable. Synonymous with provisional. Tbs
term, when applied to a use, remainder, devise,
quest, or other legal right or interest, implies that no
present interest exists, and that whether such interea
or right ever will exist depends upon a future uncer-
tain event.
As to contingent Damages; Fee; Legacy; Limga.
tion; Remainder; Trust; and Use, see those title~
Contingent beneficiary. Person who may or will benefit
if primary beneficiary dies or otherwise loses right~
as beneficiary; e.g. person who will receive life insur-
ance if primary beneficiary dies before insured.
Contingent claim. One which has not accrued and
which is dependent on some future event that may
never happen.
Contingent debt. One which is not presently fixed, but
may become so in the future with the occurrence of
some uncertain event. A debt in bankruptcy which
may be proved and allowed and which arises out of
contract. It does not encompass a tort claim on
which no action or suit has been brought pr/or to
adjudication. Resolute Ins. Co. v. Underwood, I~-
App., 230 So.2d 433, 435. Term may refer to debt
incurred by state to which state pledges its credit and
guarantees payment if revenues from funded project
prove inadequate. Rochlin v. State, 112 Ariz. 171,
540 P.2d 643. See also Contingent claim; Contingent
liability.
Contingent estate, interest or right. An estate, interest
or right which depends for its effect upon an event
which may or may not happen; as an estate limited
to a person not in esse, or not yet born.
Contingent fee. See Fee.
Contingent fund. One set up by a municipality to pay
expense items which will necessarily arise during the
year but cannot appropriately be classified under any
of the specific purposes for which other taxes are
levieck First Nat. Bank of Norman v. City of Nor-
man, 182 Oki. 7, 75 P.2d 1109, 1110. See also Contin'
gency reserve.
Contingent interest in personal proper~y. A future in-
terest not transmissible to the representatives of the
party entitled thereto, in case he dies before it vests
in possession. Thus, if a testator leaves the income
of a fund to his wife for life, and the capital of the
fund to be distributed among such of his children as
shag be living at her death, the interest of each child
during the widow's life-time is contingent, and in case
'-she~,~ ¢
'ord is someUm~ ~
evaporation ~u~
we of ardent
ts of the
apable
e of b'~u~h.
the ctvfl
o have the ~
use or groum]
gnated the
nent
~d pay;,
EStates
a
the
sh law, stock:' f
1269
rio), and was the most solemn and formal of ag the
contracts in that system of jurisprudence. It was
entered into by question and corresponding answer
thereto, by the parties, both being present at the
same time, and usually by such words as "spondes?
spondeo," "promittis? promitto," and the like.
Stipnlatio aqufllana /stipyal&ysh(iy)ow akvdliydyna/. A
particular application of the stipulatio, which was
used to collect together into one verbal contract all
the liabilities of every k/nd and quality of the debtor,
with a view to their being released or discharged by
an acceptilatio, that mode of discharge being applica-
ble only to the verbal contract.
Stipulaflo jarls /stipyal&ysh(iy)ow j0r~s/. A stipulation
or agreement beforehand of a question of law or/ts
applicability, though a court is not bound by a stipu-
lation of erroneous law. However, the parties to a
contract may stipulate as to the applicability of the
law of a particular state or jurisdiction.
Stipulation. A material condition, requirement, or art/-
cie in an agreement.
The name given to' any agreement made by the
attorneys engaged on opposite sides of a cause (espe-
cially if in writing), regulating any matter
to the proceedings or trial, which falls within their
jurisdiction. Voluntary agreement between opposing
counsel concerning disposition of some relevant point
so as to obviate need for proof or to narrow range of
litigable issues. Arrington v. State, Fla., 233 So.2d
634, 636. An agreement, admission or confession
made in a judicial proceeding by the parties thereto
or their attorneys. Bourne v. Atchison, T. & S. F. Ry.
Co., 209 Kan.~Sl.l, 497 P.2d 110, 114. . ~
Stipulations made during the course of trial may
involve jury of less than twelve (Fed. R.Civil p. 48),
master's findings (Rule 53(e)(4)), dismissal of action
(Rule 4l(a)), or discovery (see below). .~ ~
A recognizance of certain persons (called in the old
law "flde jussors") in the nature of bail for the
appearance of a defendant. 3 BI.Comm. 108.
See also Admission; Proviso.
DiscoYery. Unless the court orders otherwise, the
parties may by written stipu at on (1) provide that
depositions may be taken before any person, at any
time or place, upon any notice, and in any manner
and when so taken may be used like other deposi-
tions, and (2) modify the procedures provided by-
these rules for other methods of discovery, except
that stipulations extending the time provided in Rules
33, 34, and 36 for responses to discovery may be
made only with the approval of the court. Fed. R.Civ-
il p. 29.
Stipulator. In the civil law, the party who asked the
question in the contract of stipulation; the other
party, or he who answered, being called the "promis-
sor." But, in a more general sense, the term was
applied to both the parties.
Stirpes /s~rpiyz/. Lat. Descents. The root-stem, or
Stock of a tree. Figuratively, it signifies in law that
person from whom a family is descended, and also
the kindred or family. Taking property by right of
representation is called "succession per stirpes," in
Opposition to taking in one's own right, or as a
STOCK
principal, which is termed "taking per capita." See
also Per stirpes end Representation.
Stock. The goods and wares of a merchant or trades-
man, kept for sale and traffic. In a larger sense, the
capital of a merchant or other person, including his
merchandise, money, and credits, or, in other words,
the entire property employed in business. See Inven-
tory.
Corporation Law
The term is used in var/ous senses. It may mean
the capital or principal fund of a corporation or joint-
stock company, formed by the contributions of sub-
scr/bers or the sale of shares; the aggregate of a
certain number of shares severally owned by the
members or stockholders of the corporation or the
proportional share of an indiv/dual stockholder; also
the incorporeal property which is represented by the
holding of a certificate of stock; and /n a w/der end
more remote sense, the right of a shareholder to
participate in the general menagement of the compa-
ny and to share proportionally in its net profits or
earn/ngs or in the distribution of assets on dissolu-
tion. The term "stock" has also been held to em-
brace not only capital stOCk of a corporation but all
corporate wealth and resources, subject to all corpo-
rate liabilities end obligations·
"Stock" is distingu/shed from "bonds" end, ordi-
nar/dy, from "debentures," in that it gives right of
ownership in part of assets of corporation and right
to interest in any surplus after payment of debt.
"Stock" in a corporation is an equity, and it repre-
sents an ownership interest, and it is to be distin-
guished from obligations such as notes or bonds
which are not equities and represent no ownership
interest U. S. v. Evans, C.A.Or., 375 F.2d 730, 731.
See also DisCount shares; Equity secm-/ty; par
value; Registration of stock; Securities; Secur/ty;
Share of corporate stock.
Classes and Types of Corporate Stock
Preferred stock is a separate portion or class of the
stock of a corporation, which is accorded, by the
charter or by-laws, a preference or priority in respec:
to dividends, over the remainder of the stock of the'
corporation, which in that ease is called common
stock. That is, holders of the preferred stock are
entitled to receive dividends at a fixed annual rate,
out of the net earnings or profits of the corporation,
before any distribution of earnings is made lo the
common stock. If the earnings applicable to the
payment of dividends ars not mors than sufficient for
such fixed annual dividend, they will be entirely ab.
sorbed by the preferred stock. If they are more than
sufficient for the purpose, the remainder may be
given entirely to the common stock (which is the
more usual custom) or such remainder may be dis-
tributed pro rata to both classes of the stock, in
which case the preferred stock is said to "participate"
with the common. The fixed dividend on preferred
stock may be "cumulative" or "non-cumulative." In
the framer case, if the stil')diated dividend on pre-
ferred stock is not earned or paid in any one year, it
becomes a charge upon the surplus eardings of the
next and succeeding years, and all such accumulated
and unpaid dividends on the preferred stock must be .
STOCK
paid off before the common stock is entitled to re-
ceive dividends. In the case of "non-cumulative"
preferred stock, its preference for any given year is
extinguished by the failure to earn or pay its dividend
in that year. If a corporation has no class of pre-
ferred stock, all its stock is common stock. The word
"common" in this connection signifies that all the
holders of such stock are entitled to an equal pro rata
division of profits or net earnings, if any there be
without any preference or priority among themselves.
De£erred stock is rarely issued by American corpora-
tions, though it is not uncommon in England. This
k/nd of stock is disiingulshed by the fact that the
payment of dividends upon it is expressly postponed
until some other class of stock has received a divi-
dend, or until some certain liability or obligation of
the corporation is discharged. If there is a class of
"preferred" stock, the common stock may in this
sense be said to be "deferred," atld the term is some-
times used as equivalent to "common" stock. But it
is not impossible that a corporation should have three
classes of stock: (1) Preferred, (2) common, and (3)
deferred; the latter class being postponed, in respect
to participation in profits, until both the preferred
and the common stock had received dividends at a
fixed rate.
Assented stock. Stock which an owner deposits w/th
a third person in accordance with an agreement by
which the owner voluntarily accepts a change in the
securities of the corporation.
Assessable stock. Stock. which requires the owner to
pay more than its cost if the needs of the corporation
require. , ,
Authorized stock. That amount of stock which the
corporate charter p~rmits the ~orporation to issue.
Blue-chip stock. Stock of a listed company which
has a high grade financial record,
Bonus stock, Stock given to an underwriter as com-
pensation for services. Stock given to purchasers as
an inducement. See also Bonus stock.
Callable preferred stock. Preferred stock which may
be called by the issuing corporation at a prestated
price.
Capital stock. See Capital (Capital stock).
Common stock. Securities which represent an own-
ership interest in a corporation. If the company has
also issued preferred stock, both common and pre-
ferred have ownership rights. The preferred normal-
ly is limited to a fixed dividend but has prior claim on
dividends and, in the event of liquidation, assets.
Claims of both common and preferred stockholders
are junior to claims of bondholders or other creditors
of the company. Common stockholders assume the
greater risk, but generally exercise the greater control
and may gain the greater reward in the form of
dividends and capital appreciation. The terms com-
mon stock and capital stock are often used inter-
changeahiy when the company has no preferred
stock. See also Common stock.
Control stock. That amount of capital stock which
permits the owner to control the corporation. It is
not necessarily a majority of the shares. '
Convertible stock. Stock which may be changed or
converted into common stock.
Cumulative preferred. A stock having a provision
that if one or more dividends are omitted, the om/Red
dividends must be paid before dividends may be paid
on the company's common stock.
Cumulative stock. A type of stock on which unpaid
dividends accumulate until paid. They must be paid
totally before the common stockholders receive their
dividends. See Cumulative preferred, supra.
Donated stock. Stock transferred to the corporation
by the stockholders for resale.
l~oating stock. That part of a corporation's stock
which is on the open market for speculation. Stock
not yet bought by public holders. .
Growth stock. Stock purchased with a view toward~
appreciation in value rather than dividend income
Guaranteed stock. Usually preferred stock on whicll
dividends are guaranteed by another company, under
much the same circumstances as a bond is guaran-
Guaranty swck. Stock in a savings and loan assoda-
tion in some states which yields all dividends to the
holders after dividends to depositors or savers.
Issued stock. Stock which has been authorized and
actually sold to subscribers It may include tressu~
Letter stock. Stock received by a buyer who gl~'e~
the seller a letter stating that he will hold such stod~
registered under the Securities Act of 1933. See
Letter stock.
Listed stock. The stock of a company which is
ed on a securities exchange, and for which a listin~
application and a registration statement, giving
tailed information about the company and its opert/-
tions, have been filed w/th the Securities and EX-
failure or insolvency of the corporation. Mo~,..~ll
Noncumulative preferred stock. Type of preferted
stock which yields no dividend once the dividend
unpaid dividends do not accrue, Omitted divideed~
No par stock. Stock withou~ par value but
corporation may have both par and no par.~ .~fl,?~
Outstanding stock. Stock issued and in the ha~d~
stockholders and such does not include treasUl~t,.~
Paid up stock. Stock for which full pa~ent ~
been made to the corporatinn.. ~,:.~,:.,
1271
Participation preferred stock, A preferred stock
which is entitled to its stated dividend and, also, to
additional dividends on a specified basis upon pay-
ment of dividends on the common stock,
Participation stock. In general, stock which perm/ts
the holder to participate in the profits and surplus.
Par value stock. Stock which originally had a fixed
value arrived at by dividing the total value of capital
stock by the number of shares to be issued, The par
value does not bear a necessar~ relation to the actual
value of the stock because of the part which surplus
plays in valuation. See also Par value.
Penny stock. Generally, highly speculative stocl
which can be purchased for under a dollar a share.
Preferred stock. A class of stock with a claim on the
company's earnings before payment may be made on
the common stock and usually entitled to priority
over common stock if company liquidates, Usually
entitled to dividends at a specified rate--when de-
clared by the Board of Directors and before payment
of a dividend on the common stock---depending upon
the terms of the issue.
Premium stock. Stock which carries a premium for
trading as in the case of short selling.
Redeemable stock. Generally preferred stock which
can be called in and retired. It is redeemable at par.
See also Redeemable stock.
Registered stock. Stock registered under federal Se-
cur/t/es Act. See also ZJsted stock, supra.
Restricted stock. Stock to wh/ch is attached restric-
tions as to transferability._ ~.
Stock options. See Stock option, inf~a.
Stock redemption. See Stock redemption, infra.
Stock rights. See Stock rights, infra;
Stock split. See Stock split, infra.
Subsc~bed stock. See that title.
Treasury stock. Stock issued by a company but later
re-acquired. It may be held in the company's trea-
sury indefinitely, reissued to the public, or retired.
Treasury stock receives no dividends and has no vote
while held by the company.
Unissued stock. Stock authorized by the corporate
charter but not yet distributed to stockholders and
subscribers,
Unlisted stock. Stock not listed on one of the stock
exchanges but traded over the counter or privately.
Voting stock. Stock which carries the right to vote
for directors, etc. See also Voting stock.
Watered stock. Stock issued for inadequate consid-
eration. See also Watered stock.
Law of Descent
The term is used, metaphorically, to denote the
or/ginal progenitor of a family, or the ancestor from
Whom the persons in question are all descended;
such descendants being called "branches." Matter of
Samson's Estate, 139 Misc. 490, 249 N.Y.S. 79, 83.
STOCK
General
Capital stock. See Capital (Capital stock).
Certificate of stock. See Certifleate; Share certifi-
cate.
Exchange o£ stock. See Exchange.
Public stocks. The funded or bonded debt of a
government or state.
Stock assoclation. A joint-stock company (q.v.).
Stock att~bution. See Attribution.
Stock bailout. A species of stock redemption in the
form of a preferred stock dividend formerly tax free,
but now governed by I.R.C. § 306.
Stockbroker. One who buys or sells stock as agent
of another. Allen v. Todd, 12 Cal. App.2d 654, 90
Cal. Rptr. 807, 810.
Stock certificate. See Certificate of stock; Share
holders and policyholders, is determined by board of
STOCK
1272
Stock note. The term has no technical meaning, and
may as well apply to a note given on the sale of stock
which the bank had purchased or taken in the pay-
ment of doubtful debts as to a note given on account
of an original subscription to stock.
Stock option. The right to purchase a specified num-
ber of shares of stock for a specified price at specified
times, usually granted to management and key em-
ployees. The term "stock option" is used when the
right is issued other than pro rata to all existing sharer
holders. When so issued to all existing stockholders,
the option is called a "stock right." See also Warrant.
Stock option contract. A negotiable instrument
which gives the holder the right to buy or sell a
certain number of shares of the corporation's stock
within a fixed period of time for a certain price.
Stock purchase plan. A plan by which employees of
a corporation are allowed to purchase shares of cor-
porate stock.
Stock redemption. A partial or complete liquidation
of corporate stock by the corporation with varying
tax consequences depending upon the type of re-
demption. It generally consists in the purchase by
the corporation of its own stock. The redemption of
the stock of a shareholder by the issuing corporation
is generaUy treated as a sale or exchange of the stock
unless the redemption is a dividend, I.R.C. §§ 301
and 302. A public corporation might redeem its
stock for the purpose of "going private". See also
Stock bailout, supra.
Stock rights. The privilege to subscribe to new stock
issues or to purchase stock, UsuaUy, rights are con-
tained in securities-called warrants and the warrants
can be sold to others, A right to purchase stock
issued pro rata to existing shareholders. Sometimes
issued on a "when, as, and if" basis, that is, the
holder can buy the stock when it is issued, on such
basis or of such kind as is issued, and if it is issued.
A document (i.e. negotiable certificate) which gives
an existing stockholder the privilege of buying addi-
tional stock of a corporation. The right has a value
of its own because generaUy the holder may buy such
additional stock at a price less than the market quota-
tion. Rights are traded in the market. A stock right
differs from a warrant to the extent that a right gives
a privilege of buying additional stock of the same
kind whereas a warrant may permit a preferred
stockholder to buy conunon stock.
See also Preemptive right.
Stock split. Share splits, or stock splits, may be (a)
split-ups, where one share is split into a larger num-
ber of shares, or (b) reverse splits, or split-downs,
where a number of shares are combined to form a
smaller number of shares. Share splits involve no
transfer from surplus to stated capital or any changes
except adjustments in per value or stated value per
share, when applicable, so that the same stated capi-
tal which represented the issued shares before the
split properly represents the changed number of
shares after the split. A split-up requires not only
board of directors action, but often requires advance
shareholder approval as well when the articles of
incorporation must be amended to change the par
.value or stated value of shares and also, when neces-
sary, to. authorize additional shares. .The usual
accounting treatment for a share s
except to reflect the different number of issued
shares and any changes in par or stated value.
A cormnon purpose of a stock split is to reduce the
per share market price in order to make for wider
trading and a resulting higher per share
price).
See also Reverse stock split.
Stock subscription. An agreement with the
tion to purchase its stock. See Stock rights, supra.
See also Subscribed stock; Subscriber, Subscription-
Stock swap. In corporate reorganization, an
change of stock in one corporation for the stock of
another corporation.
Stock transfer tax. A tax imposed on
stock and based on the market value of the stock.
Stock warrant. A certificate evidencin
buy shares of stock and commonly attached to pre-
ferred stock and bonds. It generally has an expira-
tion date before which the warrant must be exercised.
See also Warrant.
Watered stock. See that title. .
Stockholder. A person who owns shares of stock in,
corporation or joint-stock company.
ty stockholder.~
Stockholder's derivative action. An action by
holder for purpose of sustaining in his own name
right of action existing in corporation itself,
corporation would be an appropriate plaintiff. It
based upon two distinct wrongs: The act
corporation was caused to suffer damage, and
corporation itself in refusing to redress, such
Procedure in such actions is governed by
P. 23.1.
Stockholder's equity. A stockholder's
share in the corporation's capital stock and
Stockholder's liability. Phrase is frequently
to denote stockholder's statutory, added or double
liability for corporation's debts,
payment for stock, but is often employed
stockholder, agreeing to pay full par value of stock,
obtained stock certificate before complete payment
or where stock, only partly paid for, is intentional]
issued by corporation as fully paid up and ali or part
of purported consideration therefor is entirely
tious.
Stockholders' representative action. An a~tion brough~
or maintained by a stockholder inseebeha f of himself
also Stockhold-
and all others similarly situated.
er's derivative action.
Stocks. A machine consisting of two pieces of timber,
arranged to be fastened together, and holding fast the
legs and/or arms of a person placed in it. This waS
an ancient method of punishment. See also StoCk.
Stolen. Acquired, or possessed, as a result of some
wrongful or dishonest act or taking, whereby a per-
son willfully obtains or setalns possession of
which belongs to another, without or beyond any
permission given, and with the intent to deprive the
ownernOfttheerma enlv benefit of ownership (or possession)
~ersh~p.
te who
~nd do
. as far
~imum,
nection
ttter to
of the
fee and
but the
'ight to
rson in
tis own
vested
mm for
· Thus
e holds·
tuity as
.neficial
re legal
benefit.
I1 tipen
~ condl-
~orn/nal
whose
oyment
in the
ad does
roperty
siduar~
er, who
bailee's
and of
tly own
nd also
997
prehensive sense, the term embraces ail cases where
the property in question is owned by two or more
persons regardless of the special nature of their rela-
tionship or how it came into being..An estate by
entirety is a "joint ownership" of a husband and wife
as at common law notwithstanding legislative enact-
ments touching joint tenancy. Cullum v. Rice, 236
Mo. App. 1113, 162 S.W.2d 342, 344. See also Joint
estate; Tenancy.
Legal owner. One who is recognized and held re-
sponsible by the law as the owner of property. In a
more particular sense, one in whom the legal title to
real estate is vested, but who holds it in trust for the
benefit of another, the latter being called the "equita-
ble'' owner.
Part owners. Joint owners; co-owners; those who
have shares of ownership in the same thing, See
Joint owners, supra.
Record owner, This term, particularly used in stat-
utes requiting notice of tax delinquency or sale,
means the owner of record, not the owner described
in the tax roll; the owner of the title at time of notice.
Reputed owner. One who has to all appearances the
title to, and possession of, property; one who, from
all appearances, or from supposition, is the owner of
a thing. He who has the general credit or reputation
of being the owner or proprietor of goods.
Ripa~an owner. See Riparian.
Sole and unconditional owner. An expression com-
mouly used in fire insurance policies, in which the
word "sole" means that no one else has any interest
in the property as owner, and "unconditional" means
that the quality of the estate is not limited or affected
by any condition. To be "unconditional and sole,"
the interest or ownership of the insured must be
completely vested, not contingent or conditional, nor
in common or jointly with others, but of such nature
that the insured must alone sustain the entire loss if
the property is destroyed; and this is so whether the
title is legal or equitable. It is sufficient to satisfy the
requirements of "sole and unconditional ownership"
that the insured is the sole equitable owner and has
the full equitable title. It is enough that the insured
is equitably entitled to immediate and absolute legal
ownership. The term contemplates beneficial and
practical proprietorship and not necessargy technical
title.
Special owner. One who has a special interest in an
article of property, amounting to a qualified owner-
ship of it, such, for example, as a bailee's lien; as
distinguished from the general owner, who has the
primary or residuary title to the same thing. Some
person holding property with the consent of, and as
representative of, the actual owner.
Ownership. Collection of tights to use and enjoy prop-
erty, including tight to transmit it to others. Trustees
of Phillips Exeter Academy v, Exeter, 92 N.H. 473, 33
A,2d 665, 673. The complete dominion, title, or pro-
prietary tight in a thing or claim. The entirety of the
powers of use and disposal allowed by law,
The right of one or more persons to possess and
USe a thing to the exclusion of others. The right by
which a thing belongs to some one in particular, to
the exclusion of all other persons. The exclusive
right of possession, enjoyment, and disposal; involv-
ing as an essential attribute the right to controlj
handle, and dispose.
OYEZ
Ownership of property is either absolute or quati-
fled, The ownership of property is absolute when a
single person has the absolute dominion over it, and
may use it or dispose of it according to his pleasure,
subject only to general laws. The ownership is quali-
fied when it is shared with one or more persons,
when the time of enjoyment is deferred or limited, or
when the use is restricted. Calif. Civil Code. §§ 678-
680.
There may be ownership of ail inanimate things
which are capable of approptiation or of manual
delivery; of all domestic animals; of all obligations;
of such products of labor or skill as the composition
of an author, the goodwill of a business, trademarks
and signs, and of rights created or granted by statute.
Calif. Civil Code, § 655.
In the civil law, ownership is divided into perfect
and imperfect. Ownership is perfect when it is per-
petual, and when the thing is uuincumbered with any
real right towards any other person than the owner.
On the contrary, ownership is imperfect when it is to
terminate at a certain time or on a condition, or if the
thing which is the object of it, being an immovable, is
charged with any real tight towards a third person;
as a usufruct, use, or servitude. When an immovable
is subject to a usufruct, the oyster of it is said to
possess the naked ownership. Civ. Code La. art. 490.
In connection with burglary, "ownership" means
any possession which is rightful as against the bur-
See also Equitable ownership; Exclusive owner-
ship; Hold; Incident of ownership; Interest; Interval
ownership; Ostensible ownership; Owne~, Posses-
- sion; Title.
Oxflld /dksfild/. In old English law, a restitution an-
cientiy made by a hundred or county for /my wrong
done by one that was within the same. ~
Oxgang. In old English law, as much land as an ox
could till. A measure of land of uncertain quantity.
In the north of England a division of a carucate.
According to some, fifteen acres.
Oyer /dyer/. In old English practice, hearing; the
hearing a deed read, which a party sued on a bond,
etc., might pray or demand, and it was then read to
. him by the other party; the entry on the record being,
"et ei legitur in hi,c verba" (and it is read to him in
these words). 3 BI.Comm. 299. , -.~ -
A copy' of a bond or specialty sued upon, given to
the opposite party, in lieu of the old practice of
reading it. -- : .
Oyer and terminer /dyar on t~rmanar/. A half French
phrase applied in England to the assizes, which are so
called from the commission of oyer and terminer
directed to the judges, empowering them to "inquire,
hear, and determine" all treasons, felonies, and mis-
demeanors. This commission is now issued regular-
ly, but was formerly used only on particular occa-
sions, as upon sudden outrage or insurrection in any
place. In the United States, certain higher criminal
courts were called "courts of oyer and terminer."
Oyer de record /dyar do rdkard/. A petition made in
court that the judges, for better proofs sake, will
hear or look upon any record. ; -
Oyez /dyeyz/°(t)s/. Hear ye. A word used in courts
by the public crier to comm~nd attention when a
proclamation is about to be; made. Usually pro-
~: nounced "O yes." 4 BI.Comm. 340,
11~ own
vested
aem for
· Thus
oloriess
title to
~neficial
re legal
benefit.
ill ripen
f condi-
nominal
quitable
whose
ioyment
aership;
in the
nd does
~siduary
nting to
,' and of
tiy own
lnd also
st COrn-
997
prehensive sense, the term embraces all cases where
the property in question is owned by two or more
persons regardless of the special nature of their rela-
tionship or how it came into being..An estate by
entirety is a "joint ownership" of a husband and wife
as at common law notwithstanding legislative enact-
ments touching joint tenancy. Cullum v. Rice, 236
Mo. App. lll3, 162 S.W.2d 342, 344. See also Joint
estatel Tenancy.
Legal owner. One who is recognized and held re-
sponsible by the law as the owner of property. In a
more particular sense, one in whom the legal title to
real estate is vested, but who holds it in trust for the
benefit of another, the latter being called the "equita-
ble'' owner.
Part owners. Joint owners; co-owners; those who
have shares of ownership in the same thing. See
Joint owners, supra.
Record owner. This term, particularly used in stat-
utes requiring notice of tax delinquency or sale,
means the owner of record, not the owner described
in the tax roll; the owner of the tire at time of notice.
Reputed owner. One who has to all appearances the
title to. and possession of, property; one who, from
ali appearances, or from supposition, is the owner of
a thing. He who has the general credit or reputation
of being the owner or proprietor of goods.
R/par/a~ owner. See Riparlam
Sole and unconditional ovmer. An expression com-
mouiy used in fire insurance policies, in which the
word "sole" means that no one else has any interest
in the property as ovmer, and "unconditional" means
that the quality of the estate is not limited or affected
by any condition. To be "unconditional and sole,"
the interest or ownership of the insured must be
completely vested, not contingent or conditional, nor
in common or jointly with others, but of such nature
that the insured must alone sustain the entire loss if
the property is destroyed; and this is so whether the
title is legal or equitable. It is sufficient to satisfy the
requirements of "sole and unconditional ownership"
that the insured is the sole equitable owner and has
the full equitable title. It is enough that the insured
is equitably entitled to iw_mediate and absolute legal
ownership. The term contemplates beneficial and
practical proprietorship and not necessarily technical
title.
Special owner. One who has a special interest in an
article of property, amounting to a qualified owner-
ship of it, such, for example, as a bailee's lien; as
distinguished from the general owner, who has the
primary or residuary title to the same thing. Some
person holding property with the con&ent of, and as
representative of, the actual owner.
Ownership. Collection of rights to use and enjoy prop-
erty; including right to transmit it to others. Trustees
of Phillips Exeter Academy v. Exeter, 92 N.H. 473, 33
A.2d 665, 673. The complete dominion, title, or pro-
prietary right in a thing or claim. The entirety of the
powers of use and disposal allowed by law.
The right of one or more persons to possess and
use a thing to the exclusion of others. The right by
which a thing belongs to some one in particular, to
the exclusion of all other persons. The exclusive
right of possession, enjoyment, and disposal; involv-
ing as an essential attribute the fight to controlj
handle, and dispose.
OYEZ
Ownership of property is either absolute or quali-
fied. The ownership of property is absolute when a
single person has the absolute dominion over it, and
may use it or dispose of it according to his pleasure,
subject only to general laws. The ownership is quali-
fied when it is shared with one or more persons,
when the time of enjoyment is deferred or limited, or
when the use is restricted. Calif. Civil Code, §§ 678-
680.
There may be ownership of all inanimate things
which are capable of appropriation or of manual
delivery; of all domestic animals; of all obligations;
of such products of labor or skill as the composition
of an author, the goodwill of a business, trademarks
and signs, and of rights created or granted by statute.
Calif. Civil Cede, § 655.
In the civil law, ownership is divided into perfect
and imperfect. Ownership is perfect when it is per-
petual, and when the thing is unincumbered with any
real right towards any other person than the owner.
On the contrary, ownership is imperfect when it is to
terminate at a certain time or on a condition, or if the
thing which is the object of it, being an immovable, is
charged with any real right towards a third person;
as a usufruct, use, or servitude. V~hen an immovable
is subject to a usufruct, the owner of it is said to
possess the naked ownership. Civ. Code La. art. 490.
In connection with burglary, "ownership" means
any possession which is rightful as against the bur-
See also Equitable ownership; Exclusive owner-
ship; Hold; Incident of ownership; interest; Interval
ownership; Ostensible ownership; Owner, Posses-
- sion; Title.
Oxffid /6ksfild/. In old English law, a restitution an-
ciently made by a hundred or county for any wrong
done by one that was within the same.
Oxgang. In old English law, as much land as an ox
could till. A measure of ]and of uncertain quantity.
In the north of England a division of a carucate.
According to some, fifteen acres.
Oyer /6y~r/. In old English practice, hearing; the
hearing a deed read, which a party sued on a bond,
etc., might pray or demand, and it was then read to
· him by the other party; the entry on the record being,
"et ei legitur in ho~c verba" (and it is read to him hi
these words)· 3 BI.Comm. 299. . ~ -
A copy of a bond or specialty sued upon, given to
the opposite party, in lieu of the old practice of
reading it.
Oyer and terminer /6y~r ~n t/rn~n~r/. A half French
phrase applied in England to the assizes, which are so
called from the commission of oyer a~d termh]er
directed to the judges, empowering them to "inquire,
hear, and determine" all treasons, felonies, and mis-
demeanors. This comm/ssion is now issued regular-
ly, but was formerly used only on particular occa-
sions, as upon sudden outrage or insurrection in any
place. In the United States, certain higher criminal
courts were called "courts of oyer and terminer."
Oyer de record /6y0r d~ r~kord/. A petition made in
court that the judges, for better proofs sake, will
hear or look upon any record.
Oyez /6yeyz/°(t)s/. Hear ye. A word used in courts
by the public crier to command attention when a
proclamation is about to b~ made. Usually pro-
· nounced "O yes." 4 BI.Comm. 340.
INTER-DEPARTMENTAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Harvey A. Arnoff, Town Attorney
Chairman and Members of the Board of Appeals
April 26, 1993
Your Opinion - Boat Facilities in R-40 Zone
The Board has concluded the hearing process in a matter which
will involve discussions of your legal opinion and other legal
issues for boat facilities in an R-40 zone district.
The Zoning Board Members have asked that draft findings be
prepared by you for both a favorable interpretation and an
unfavorable interpretation.
It would be appreciated if both drafts could be submitted to us
within the next two weeks before commencing deliberations.
Thank you.
1992 - 1993
GARDINERS BAY ESTATES HOME OWNERS ASSOCIATION, INC.
OFFICERS
Presidenti
1st V.P.
2nd V.P.
Secretary:
Treasurer:
Edward Birdie
Warren A. Sambach,
Steve Vesey
B. Doris Matzen
George Matsich
BOARD OF DIRECTORS
1993
Sylvia Kaputer
James Mark
Ralph Martin
Larry Matzen
1994
Jack Genader
Andrew Fanazzi
Gladys Milne
Howard Reich
1995
Doris Spahr
James Fischer
Peter Manning
George Clark
Sr.
(a) The lawful use of a buildi~'~r
premises existing on the effective date
of this Ordinance, or authorized by a
building permit issued prior thereto,
may be continued although such use
does not conform with the provisions
of this Ordinance and such use may
be extended throughout the building
lawfully acquired prior to said date.
(b) A non-conforming use of a build~
lng ~r premises may be changed to a
use of the same or higher classification
according to the provisions of this
Ordinance.
(c) Whenever a district shall here-
after be changed, any then existing
non-conforming use of a building or
premises in such changed district may
be continued or changed to a use of a
similar or higher classification, pro-
vialed all other regulations governing
the new use are complied with.
(d) Whenever a non-conforming use
of a building or premises has been dis-
continued for a period of more. than
two (2) years, or changed to a higher
classification, or to a conforming use,
anything in this Section to the con-
trary notwithstanding, the non-con-
forming use of such building or prem-
ises shall no longer be permitted unless
a variance therefor shall have been
granted by the Board of Appeals as
hereinbefore provided.
(e) A non-conforming building may
not be reconstructed or structurally
altered during its life to an extent ex-
ceeding in aggregate cost fifty (50)
percent of the fair value of the build-
lng, unless the use of such building is
changed to a conforming use.
(f) A non-conforming building which
has been damaged by fire or other
causes to the extent of more than fifty
(50) percent of its fair value shall not
be repaired or rebuilt unless the use
of such building is changed to a con-
forming use.
SECTION 10~8 -- ~iDAL LANDS --
When the tidal lands are not shown as
zaned on the Z01~tng Map, they shall
be considered to lie within the "A'
Residential and Agricultural District
but no structure erected therein shall
be erected upon such lands owned by
the Town of Southold except upon the
approval of the Board of Town
Trustees.
SECTION 1009--VALIDITY~hould
any section or provision of this Or-
dinance be declared by a court of com-
petent Jurisdiction to be invalid, such
decisions shall not effect the validity
of the Ordinance as a whole or any
other port thereof.
SECTION 1010---IN T~J~PRETATION,
PURPOSE AND CONFLICT -- In
interpreting and applying the pre-
visions of this Ordinance, they shall
be held to be the minimum require-
ments for the promotion of the health,
safety, morals or the general welfare
of the Town. It is not intended by this
Ordinance to interfere with or abrogate
or annul any Town Building Code, or
any rules and regulations adopted or
issued thereunder, or the rules and
regulations of the Department of
Health of the County of Suffolk, and
not in conflict with any of the pro-
visions of this Ordinance; PROVIDED,
however, that where this Ordinance
imposes a greater restriction upon the
use of buildings or premises or upon
the height of the building, or requires
larger open spaces than are imposed
or required by such Ordinance, rules
and regulations, the provisions of this
Ordinance shall control.
SECTION 1011 -- REMEDIES -- In
case any building or structure is erect-
ed, constructed, reconstructed, altered,
repaired, converted or maintained, or
any building, structure or land is used
in violation of this Ordinance, or of
any regulations made pursuant thereto,
in addition to other remedies provided
by law, any appropriate action or pro-
ceeding whether by legal process or
otherwise, may be instituted, or taken
to prevent such unlawful erection, con-
struction, reconstruction, alteration,
repair, conversion, maintenance or use,
to restrain, correct or abate such viola-
tion, to prevent the occupancy of said
buffding, structure or land or to pre-
vent any illegal act, conduct, businese
or use in or about such premises.
SECTION 1012--PENALTIES -- For
any and every violation of the provi-
sions of this ordinance, the owner, the
general agent, or contractor of a build-
ing or premises, where such violations
have been committed or shall exist, and
the general agent, architect, builder,
contractor or any o~her person who
knowingly commits, takes part or as-
sists in any such violation or who
maintains any buildings or premises
in which any such violations shall exist,
shall be guilty ~f an offense. Each
week's continued violation shall con-
stitute a separate additional wiolatlon.
Such fines or penalties shall be collect-
ed as like fines are now collected by
law.
SECTION 1013 -- EXCEPTIONS AS
TO CERTAIN SUBDIVISION LOT~
(a) Ail of the lots on a certain map
entitled Map of Marion Manor, situ-
ated at East Marion, Tovm of South-
old, Suffolk County, New York, filed
In Suffolk County Clerk's Office on
March 18, 1953, as Map No. 2038, shall
be excepted from the provisions of
Section 303 herein; As to Lots num-
bered one (1) through five (5) on said
map, the sideyard requirements shall
be reduced to ten (10) feet on each
side; and as to lots numbered thirty-
three (33) through forty-seven (47)
on said map, the setback lines and
rear yard requirements shall each be
reduced to twenty (20) feet.
(b) Ail of the Lots on the following
described maps shall be excepted from
the provisions of Section 303 herein:
(1) Sub-division Map of Section 2,
Gardinar's Bay Estates, East Marion,
New York, Map by O. W. Van T~yl,
dated July 21, I957;
(2) Map of Belxedon Estates, Piled
March 16, 1947 as Map NO. 1472.
Sub-division Map of Founders
Estates, dated March 18, 1927, and
amendments thereto;
(4) Map of Sub-division known as
Kennawood, dated January 9, 1954, filed
as Map No. 2180;
(5) Map of Southwood, Map file No.
2141;
(6) Plan of Lots owned by George
H. Wells, South, old, N. Y~, M_ap file No.
859;
(7) Bayside Terrace, Bay View,
Southoid, N. Y. File No. 2034;
(8) West Creek Development, South-
old, 1NT. ¥. Map of April 20, I937, File
No. 1236;
(9) Sub-division Map of Cedar Beach
Park situate at Bay View, Southold,
N. Y. dated September 26, 1925, File
NO. 90;
(lO) Map of Goose Neck, Southcld,
N. ¥. Map dated 1948, Pile No. 1563;
(11) Pecohic Shores, Peconic, N. Y.
Map of Jesse Wells, dated December
27, 1922, No. 1 and No. 2;
(12) Nassau Farms, Pecohic, N. Y.
Map by O. W. Van Tuyl, NO. 1179;
(13) Alonzo Jersey, Peconic, N. Y.
Map of O. W. Van Tuyl, April 21, 1930,
File No. 763;
(14) Nassau Point Club Properties,
Section D, Map by O. W. Van Tuyl,
March 24, 1926; and Amended Map~
Section A No. 156;
(15) Captain Kidd Estates, Mattituck.
N. Y., Map by O. W. Van Tuyl, Jan-
uary 21, 1947, NO. 1672;
(19) Amended Map of Mattituck
Heights, Mattituck, N. Y.
(17) Point Pleasant---Mattituck, N. Y.
Survey by Prank. lin p. Overten, April
8, 1916;
(18) Salt Lake Village, Mattituck,
N. ¥., Map by O. W. Van Tuyl, July
10, 1939;
(19) Shore Acres, Mattituck, N. Y.
1~le No. 41.
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
MARCH 26, 1992
Eastern Permits Section
SUBJECT: Application No.92-O111-L2 by Gardiners Bay Estates
Homeowners Association Inc.
To Whom It May Concern:
The New York District, Corps of Engineers has received a request
for Department of the Army authorization for the following activity:
ACTIVITY: Construct a 3 foot by 20 foot fixed pier, elevated--~
a minimum of 4 feet above grade of the marsh, a 3 foot b~ 6 foot
ramp, a 4 foot by 24 foot float with two 3 foot by 14 foo~"finger-
float secured to three piles; and move existing piers 12 feet
eastward.
IN: Spring Pond, Gardiners Bay
AT: East Marion, Town of Southold, Suffolk County, New York
APPLICATION BY: Gardiners Bay Estates Association, Inc. P.O.Box 342
East Marion, New York 11939
As this work is minor in nature, authorization may be by Letter
of Permission. This is in, accordance with current Federal
Regulations governing work in navigable waters of the United States.
To accomplish the coordination required, prior to the issuance
of a Letter of Permission, your review of the enclosed drawing(s)
is requested.
Pursuant to Section (c) of the Coastal Zone Management Act
of 1972 as amended [(16 U.S.C. 1456 (c)], the applicant has certified
that the activity complies with and will be conducted in a manner
that is consistent with the Coastal .Zone Management Program of
the State of New York
To allow for the timely processing of the subject application,
your comments are requested within 15 days of the date of this
letter.
Sincerely,
/d~mes W. Haggerty v v
(_~ief, Eastern Permits Section
Enclosures
J
J I
~ /0' ~0
~: Dogwood
L~ ~ Catw~k
& Dock
Spring Pond,
East M~ion
Appl: G~ners "-
Bray Estates ~e-
o~ers Assn.,~nc.~
Consultant:
L. J. Matzen -
~CAL~ /" =/O' Dated: 3/4/92
! !~: Dogwood
! Spring Pond,
! East Marion
IAppl: Gm'~c~ner s
I Bay Estates Home-
iowners Ass~ Inc.
· Consultant: '
~ L.J. Matzen
!Dated: 3/4/92
Dept. o~ ~e ~rmy
#.Y. Dis~ric~ Carp o~ Engineer~
~acob ~. ~avits Federal ~ui~din9
360 Bayview Drive
P.O. Box 736
East Marion, N.Y.
11939
Attn: ~ame~ ~. #a~er~y, Chief, ~astern Permit Section
Subject: App. 92-0111-L2 By ~ardiners Day #omeowners Assoc.
Thank ~ou for gout 2etter of ~arch 26, ~992 advi~in9 me of the aforementioned subject matter.
While my criticism~ may not come under the jurisdiction of the Dept. of the Army, g an.d many
other re~ident~ of the a~fected area question the need~ the ~ea~ibiZ~ty and the possible
dungerou~ end re~u~t~ o~ sam constraction.
pond ~dminimal width o~ the ~aterway. Boater~ must u~e extr~rae caution particularly in
the inside ha2f of the pond, which is the narrowest area. 7his is the area in which the
proposed pier and fioa~ are to be 2ocated. ~e two 2ar~e~t {2ength and width} Aoats in the
pond must travel past this proposed area to arrive at their respective dod~aDe/mooring area.
FAe dimensions of the new construction is ~uch that the new fjords wi22 protrude ~urther
into the ~xi~tin9 waterway, thud contributing ~o more navigational probiem~. ~oored boats
in the pond have radius swing~ due to the windd, tides and length o~ chain tha~ at this
point are too c2ose ~or com~or~. Because of t/re confined area, one boa~ ha~ a ~are and aft
mooring to preve:tt swinp, damage. ~are dockag¢/moorin9 area ~ili propagate the already
dangeroa~ situation in this 2ocation.
~o~.e boats did fdoat.~ in the confined area are obviou~dy a dangerou~ naviDationai situation.
I/owever, one o~ our paramount concern~ is the ecodog~. ~ the pond were to io~e
na~ura~ hav~ ~d new,big piece ~or ~he v, ery active ~iidli~e flopuda~ion fl~u~ ~he ab~d~
mar&e ii~e ~d ~eDe~a~ion, ~h~ ~he nature2 ~viro~ no longer ~. fdditiona2
boat~, do~s, ~ioa~, ~n~ruc~ion~ dred~9 ~d ~he li~e are de~r~a~ ~o ~he ~v~on-
m~.
gt is primarily for the above reasons that 7, my family and ao many of our neighbors
vch~a~ttly object to thi~ proposed construction and 7 thun~ you ~or this opportunity to
air my t,ie~ on the ~ub~ect.
For your information ] be2ieve a typo~raphlca~ error e~ist~ in your 2etter of ~arc~ 26.
Uytder the section entitled '~cti~ity7 you refer to the construction o~ a 3 ~oot by 6 foot
romp. Y believe the~¢ dimen~ion~, to coincide with the dra~ing~, ~houid read 3 ~oot by
¢6 ~oot ramp.
2 woa.ld appreciate being hep~ informed o~ any additiona2 corredpondence regarding ~his
matter.
5incere.~y,
~udi~h Di BJasi
Richard Di BJa~i
[lCusbund I
Springfield, Virginia 22151
April 19, 1993
Mr. Gerard Goehringer
Town of Southold Zoning Board of Appeals
P.O. Box 1179
Southold, New York 11971
Dear Mr. Groehringer:
The purpose of this letter is to inform you of my opposition to
the installation of additional dock slips in Spring Pond by the
Gardiner's Bay Estates Homeowners Association.
I am a Gardiner's Bay Estates property owner (625 Bayview Drive,
Lot 92) and a member of the homeowner's association. I have
expressed my opposition to the additional sl~ps in an earlier
letter to the president of the homeowner's association but I was
unsuccessful in persuading the association leadership that the
proposed project is without merit. I was recently requested to
sign a form letter that would endorse the actions of the
homeowner's association in installing the added slips as being in
my best interest. I have refrained from signing this form letter
because it does not represent my views.
While I am an absentee property owner, I keep in touch with
Gardiner's Bay Estates activities through frequent phone contact
with friends and family and by reading the homeowners association
newsletter. I also make several short visits each year. None of
these information sources has produced any indication that
landlocked Gardiner's Bay Estates property owners are being
deprived of boating privileges by a shortage of slips or
moorings.
In the absence of a clearly evident need for the additional
slips, the negative aspects of their installation should be more
closely scrutinized. These negative aspects include avoidable
expenditures by the homeowners association and unnecessary
obstruction of a portion of the pond area with fixed structure.
I conclude that the disadvantages of added slips outweigh any
advantages and that the slips should not be installed.
In deliberating on the application for additional slips in Spring
Pond which is now before the Zoning Board of Appealsr please
consider that this application is not supported by all property
owners and homeowners association members in Gardiner's Bay
Estates.
Yours truly,
370 Dogwood Lane
P. O. Box 376
East Marion, NY
April 22, 1993
11939
Gerard F. Goehringer, Chairman
Zoning Board of Appeals, Town of Southold
53095 Main Road, P. O. Box 1179
Southold, NY 11971
Re: Application #4156
Gardiners Bay Estates Home Owners Association, Inc.
East Marion, NY 11939
Dear Sir:
I am writing to you in direct response to Warren A. Sambach, Sr.'s letter
dated April 6, 1993.
I also am a member of the Board of Directors of the Gardiners Bay Estates
Home Owners Association, Inc. I have never made a presentation to any Board
of any kind previously. It is my honest opinion Warren A. Sambach, Sr., should
have abstained from any involvement (professional or otherwise) in this issue
due to a conflict of interest.
The Army Corps of Engineers and the Dept. of Environmental Conservation found
no problem with the installation of docks in Spring Pond as proposed in
Application #4156.
To my knowledge, no one has approached the Chairman of the Marine Co~mmittee
for a list of those person(s) interested in requesting dock space.
I earnestly feel every homeowner in Gardiners Bay Estates is entitled to a
place to moor or dock a boat. I am referring to present and/or future home-
owners. It is my understanding this would mean spaces for 65 upland homeowners.
There are several rights of way in Gardiners Bay Estates. One leads to Fox
Island which has dockage for four (4) boats and a beaching area for several
dinghys. Two other rights of way provide access to the beach area.
As to the issue of congestion, parking or any other alleged problems, if the
use of a right of way by neighbors is thought of as an annoyance by Warren
Sambach, Jr. and Richard DiBlasi, it would seem this is in direct conflict with
the reason(s) for which these rights of way were originally established; namely,
to provide access to Spring Pond and the beach area to all members of Gardiners
Bay Estates.
April 22, 1993
Page 2
In addition, Warren Sambach, Jr. and Richard DiBlasi were fully aware of the
existence of these rights of way prior to their purchase of their respective
properties.
I firmly believe the value of my upland property would be diminished if I
had to inform a potential purchaser that mooring and/or docking space in
Spring Pond would not be available to them until some unknown future date.
It is increasingly apparent Warren Sambach, Jr. and Richard DiBlasi are using and
have used every conceivable means to object to this application as a ruse to
obscure their own selfish interest. It seems a clear case of "I've got mine
and the rest of the co~m]nity be damned."
At this time, I respectfully request the Zoning Board of Appeals rule in
favor of the Gardiners Bay Estates Home Owners Association, Inc.'s application.
Very truly yours,
Andrew J. Fanizzi, Jr.
AJFjr:ef
) ·
Post-It'" brand fax transmittal memo 7671 /
Springfield, Virginia 22151
April 19, 1993
Mr. Gerard Goehringer
Town of Southold Zoning Board of Appeals
P.O. Box 1179
Southold, New York 11971
Dear Mr. Groehringer:
The purpose of this letter is to inform you of my opposition to
the installation of additional dock slips ~n Spring Pond by the
Gardiner's Bay Estates Homeowners Association.
I am a Gardiner's Bay Estates property owner (625 Bayview Drive,
Lot 92) and a member of the homeowner's association. I have
expressed my opposition to the additional slips 5n an earlier
letter to the president of the homeowner's association but I was
unsuccessful in persuading the association leadership that the
proposed project is without merit. I was recently requested to
sign a form letter that would endorse the actions of the
homeowner's association in installing the added slips as being in
my best interest. I have refrained from signing this form letter
because it does not represent my views.
While I am an absentee property owner, I keep in touch with
Gardiner's Bay Estates activities through frequent phone contact
with friends and family and by reading the homeowners association
newsletter. I also make several short visits each year. None of
these information sources has produced any indication that
landlocked Gardiner's Bay Estates property owners are being
deprived of boating privileges by a shortage of slips or
moorings.
In the absence of a clearly evident need for the additional
slips, the negative aspects of their installation should be more
closely scrutinized. These negative aspects include avoidable
expenditures by the homeowners association and unnecessary
obstruction of a portion of the pond area with fixed struct~]re.
I conclude that the disadvantages of added slips outweigh any
advantages and that the slips should not be installed.
In deliberating on the application for additional slips in Spring
Pond which is now before the Zoning Board of Appeals, please
consider that this application is not supported by all property
owners and homeowners association members in Gardiner's Bay
Estates.
Yours truly~
LAW OFFICES
OF
MARIE ONGIONI
218 FRONT STREET
P.O. BOX 562
GREENPORT, NEW YORK 11944
MARIE ONGIONI
CARMELA L, BORRELLI
TEL. (516) 477-2048
FAX (516) 477-8919
April 21, 1992
Ms. Linda Kowalski
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Gardiners Bay Estates Homeowners Assoc.
Dear Linda,
Please refer to our previous conversations and Marie's letter
of April 14th with regard to the Association's application pending
before the Board of Trustees to move and construct docking
facilities at Gardiners Bay.
The Board of Trustees has requested that you confirm by letter
the decision in the Dellala matter wherein the ZBA found that the
owner of property may have docking for no more than two boats in
addition to those owned by the property owner (which in essence
means any number of boats owned by the owner plus two other boats).
The Board of Trustees has agreed to process the Association's
application but would like confirmation of the statement's in
Marie's letter regarding the aforementioned decision.
Thank you for your assistance in this matter.
Very truly yours,
MARIE ONGIONI
Carmela L. Borrelli
CC:
John M. Bredemeyer III,
Larry Matzen, Gardiners
Board of Trustees
Bay Estates Homeowners Association
370 Dogwood Lane
P. O. Box 376
East Marion, NY
April 22, 1993
11939 APR 2 2,
Gerard F. Goehringer, Chairman
Zoning Board of Appeals, Town of Southold
53095 Main Road, P. O. Box 1179
Southold, NY 11971
Re: Application ~4156
Gardiners Bay Estates Home Owners Association, Inc.
East Marion, NY 11939
Dear Sir:
I am writing to you in direct response to Warren A. Sambach, Sr.'s letter
dated April 6, 1993.
I also am a member of the Board of Directors of the Gardiners Bay Estates
Home Owners Association, Inc. I have never made a presentation to any Board
of any kind previously. It is my honest opinion Warren A. Sambach, Sr., should
have abstained from any involvement (professional or otherwise) in this issue
due to a conflict of interest.
The Army Corps of Engineers and the Dept. of Environmental Conservation found
no problem with the installation of docks in Spring Pond as proposed in
Application #4156.
To my knowledge, no one has approached the Chairman of the Marine Committee
for a list of those person(s) interested in requesting dock space.
I earnestly feel every homeowner in Gardiners Bay Estates is entitled to a
place to moor or dock a boat. I am referring to present and/or future home-
owners. It is my understanding this would mean spaces for 65 upland homeowners.
There are several rights of way in Gardiners Bay Estates. One leads to Fox
Island which has dockage for four (4) boats and a beaching area for several
dinghys. Two other rights of way provide access to the beach area.
As to the issue of congestion, parking or any other alleged problems, if the
use of a right of way by neishbors is thought of as an annoyance by Warren
Sambach, Jr. and Richard DiBlasi, it would seem this is in direct conflict with
the reason(s) for which these rights of way were originally established; namely,
to provide access to Spring Pond and the beach area to all members of Gardiners
Bay Estates.
April 22, 1993 Page 2
In addition, Warren Sambach, Jr. and Richard DiBlasi were fully aware of the
existence of these~rights of way prior to their purchase of their respective
properties.
I firmly believe the value of my upland property would be diminished if I
had to inform a potential purchaser that mooring and/or docking space in
Spring Pond would not be available to them until some unknown fqture date.
It is increasingly apparent Warren Sambach, Jr. and Richard DiBlasi are using and
have used every conceivable means to object to this application as a ruse to
obscure their own selfish interest. It seems a clear case of "I've got mine
and the rest of the community be damned."
At this time, I respectfully request the Zoning Board of Appeals rule in
favor of the Gardiners Bay Estates Home Owners Association, Inc.'s application.
Very truly yours,
Andrew J. Fanizzi, Jr.
AJFjr:ef
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
April 22, 1993
Mr. Gerard P. Goehringer, Chairman
Zoning Board of Appeals
P. O. Box 1179
Southold, NY 11971
Re: Warren A. Sambach, Sr. Letter dated April 6, 1993
App
lication~4156- ' ~--
E~L ~ion, Nf 11539
Dear Mr.Goehringer:
Please be informed the opinions expressed in the Sambach, Sr.
letter are solely his and not those of the majority of the GBEHOA
Board of Directors nor the members of our Association.
The Association Marine Committee has responsibility for the safe
and proper utilization of the Gardiners Bay Estates waterways,
moorings and docking facilities. At the October 1991 meeting the
Marine Committee informed the Board of the need for additional
docking facilities. Our Board approved the request to build four
floating dock slips on Association property at the foot of Dogwood
Lane.
The GBHOA Board has letters signed by almost two thirds of the
property owners and members supporting the application for
additional dock slips. It is our responsibility to provide safe
and sufficient boating accommodations to our members. It is not
within the province to inquire into the age or financial condition
of any member wishing such accommodations.
On behalf of our Board and membership we request a favorable
decision so that our rights, which we have enjoyed since 1926, will
not be affected.
Yours very truly,
Gardiners Bay Estates Homeowners Assoc.,
Edward Birdie , President
Inc.
MARIE ONGIONI
CARMELA L. EIORR£LLI
ONGIONI & BORRELLI
A]-TORN£YS AT LAW
TEL. (516) 477-2048
FAX (516) 477-8919
April~, 1993
Dear Mr.
Gerard P. Goenringer, Chairperson
Zoning Board of Appeals
Southold Town Hall
P. O. Box 1179
53095 Main Road
Southold, New York 11971
Re: Ap l~.tion for
/~-G~rdi~er--~--- Bay Estates Homeowners
~sociation, I nc__.
Goehringer:
This letter is submitted in further support of the application
for an interpretation of Section 100 C (3) (A) of the Southold Town
zoning code.
At the public hearing held on February 23, 1993 this
application was opposed by two of the property owners in Gardiners
Bay Estates, Mr. Sambach, Jr. and Mr. DiBlasi. The opponents are
Association members and had voiced their opposition at the various
Association meetings addressing this application. We would like to
call the Board's attention to several items with regard to this
opposition:
1. The comments of both opponents as contained in their
statements at the hearing and recent communications (April 6 and
April 9, 1993) to this Board by Mr. DiBlasi and another opponent
Mr. Sambach, Sr. (Mr. Sambach Jr.'s father) address issues which
are not before this Board and should not be considered in rendering
a decision. The Association's application, necessitated by a
request from the Board of Trustees, is a request for an
interpretation of the code to determine who and how many boats may
be docked at a docking facility. The proposed facility has DEC and
Army Corps. of Engineers' approval1 and is the subject of a pending
application before the Board of Trustees. The location of the
docking facility would be rightfully before this Board if the
applicant was seeking relief from the code in the form of a
variance or special exception. However, the question presented is
an interpretation of the code. The docking facility's location is
within the jurisdiction of three other agencies, two of whom have
approved the site. The opponents' opposition based on location is
properly a question for the Association's members and not this
Board. The Association heard their objections and the majority
ruled against them. The question presented here is interpretation
and not location and their opposition should be disregarded as
irrelevant.
2. We ask the Board not to consider any decision with
regard to this application as precedent setting material for
similar applications by other homeowner associations. The land
beneath Spring Pond, unlike similar sites adjacent to other
homeowner associations' property, is owned by the Association.
Thus, the Board of Trustees before whom a request for approval of
the facility was originally filed and is now pending has limited
control of dock expansion. The Trustees have expressed concern for
the growth of such docking facilities generally. However, in
similar applications by other homeowner associations, the Trustees
have many avenues by which to inhibit such growth which they can
invoke because of their authority over the waterways which is not
the case in Spring Pond. Any decision by this Board with regard to
this application is therefore unique because of the uniqueness of
the Association's ownership rights and will not set a precedent
because there are no others similarly situated.
1Mr. DiBlasi in his letter of April 9, 1993 enclosed a copy of
his letter to the Army Corps of Engineers in opposition to this
application. Mr. Sambach in the hearing had on February 23, 1993
referenced in his comments his prior letter to the Army Corps of
Engineers in opposition to this application. In order to insure
that this Board has all the facts concerning this matter, I attach
hereto Mr. Matzen's letters of April 21 and 29, 1992 which
addressed the issues raised by the opponents. The Board should
note that the Army Corps of Engineers eventually approved the
application (as did the DEC). It is fair to assume that the
opposition presented by Mr. Sambach Jr. and Mr. DiBlasi was found
to be lacking value or unwarranted.
3. This Board has indicated that it would look favorably
upon this application if the number of boat slips were limited.
This Board has been previously advised that the Association's Board
of Directors has met and accepted the recommendation of the Marine
Committee to limit the number of boats on Association docks to one
boat per non-waterfront member or 77 boats. As the Board is aware,
owners with waterfront property may, under the zoning code, install
their own docking facility and may dock no more than two boats not
owned by such property owner and an unlimited number owned by the
property owner. The self-imposed limit of 77 boats is for non-
waterfront property owners who purchased in Gardiners Bay with the
expectation of obtaining docking facilities. It is unnecessary to
advise this Board of the enhanced value of land with docking rights
as against those without such docking rights. Thus, non-waterfront
property owners will suffer a diminution in the value of their
property if they are not permitted docking facilities.
Additionally, the Association's ability to secure new members
and/or maintain old members will diminish or cease and the
utilization of dues for the upkeep and enhancement of communal
property will eventually terminate if there is an unreasonable
limit on the number of slips. The Association and its individual
members will be severely damaged if they are not permitted to
fulfill the property owner's deeded rights. It is the decision of
the Marine Committee that 77 slips is a fair and reasonable limit
for the Association.
We urge the Board to interpret the code in a common sense
manner by interpreting the word "owner's" to mean the "owner's" of
the Association. To require that the boats to be docked be owned
by the Association in the name of the Association to qualify as
"owner's" boats is to place a burden on the Association not placed
on other property owners similarly situated. We again call this
Board's attention to Section 100-13 of the code which defines an
owner as:
"Includes the duly authorized agent, attorney, purchaser,
devisee, fiduciary or any other person havinq a vested or
contingent interest in the property." (Emphasis added)
Certainly, the Association members, by their membership in the
Association, have a vested and/or contingent interest in the
property owned by the Association and thus qualify as"owners" under
Section 100 C (3) (A) of the code. The Association which was
created to do "every lawful thing within its power for the
improvement, betterment, maintenance and preservation of the
area..." (See By-laws previously submitted) acts merely as a
conduit for the individual owners to preserve the value of their
land. The Association serves no purpose except as a vehicle for
its owners to act as one unit as has been done with the instant
application.
We respectfully request that in interpreting the code this
Board determine that the members of the Association who are non-
waterfront property owners qualify as owners under Section 100 C
(3) (A) to such an extent that the maximum number of docks to be
provided for such non-waterfront owners not exceed seventy-seven
(77).
Very truly yours,
ONGIONI & BORRELLI
Carmela L. Borrelli
encs.
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
Ai,ril 29, 1992
Department o£ the ^r,]y
HY District Corps of ?,ngi.eor~3
Jacob Y,. Javlts Federal 'l].dg.
flew York, ltv 10278-o090
Attention: James '#. Uaggerty, Chie£, ],;~,,~tor. l'ermit Section
Re: Coordination ;;!92-0111-12
Dear Sir:
As you reque:;ted, I am ~nswering below .l.e:~tlons rmi~;ed by U/Fi Di,q].asi
in his letter to you dated Aprll ].992.
"]loater,u must use extre,.~e c,nl!J~iol~'i: A].]. boaters mu:~t always u,,'e
c~',ution when docl~ing th~ir ho~l:r:. 'q~ have allp].e room for malleuv-
ering s.Lnce the water wJ. dth~ ~t the l~r.oposed site~ is 90~ at the
western end and ~00~ ~t the ernst sade.
"Fore and aft moori.g": A deep draft sail boat is moored this way
but only because be wisbe~ to ~eep hi~ keel over the only 5' hole
(at FLW) in this area. '~k, h~,,e ]2 ~,~orings and oacb bas a
minimum 50' radius m~ing and no 1OO' circle comes near each other.
"Uatural haven and nesting Id. ace": Ducks~ geese, ~wans and seag.lia~
rest here but in last 23 years, T have never seen any nest on this
site~ probably because of the clo:~e proximity of houses.
Mr. Di~lasi's catwalk and dock are allowed there by the Association.
Because it is the Association's property (along with the pond bottom)
he pays a yearly right of way fee. His dock projects out into the water
at the narrowest point~ but we do not be].ieve it is a navagational
hazard or that it is destroying the ecology.
I totally disagree with his accusations that the Association would
build anything that would give us navigation or ecology problems. I
am qualified to say so. I have been a recreational boater for over 50
years~ held a ~O ton Captain's license in the 60's~ taught piloting
and safety for 19 years with tho U.S.P.S, a founding member of the
Jacques Cousteau Society~ and a member of the Nature Conservatory and
tho Audubon Society.
Page 1 of 2
Gardiners Bay Estates Homeowners Association,
to: Department of the Army
April 29, 1992
(Continued)
If there are any further questions
me at 516-477-9675.
Yours truly,
or co.cerns, you
may reach
Lawrence d. Matzen~ Chairman
Marine Coln,~lttee GP. EIIA, !nc.
l'age 2 of 2
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
^prll 29, ]992
I'r. James l!aggerty
Regulatory Branch
U.S.~.rmy Corps of Engineer~
dacob E. davits Federal Bldg.
New York, I!Y 10278-0090
Re: 1.1¥DO$ letter, Apr].3. 5, 1992, to U,$^CO~;;,
U$^COF~ Appl. ~792-Ol11-].2, (lardlner:; Bay Estates, Southold Towll
Dear Sir:
lnforms, t±~ll requested by tile H¥:U)o$ t~;~ as follow~,:
Fresently there are 2 private Hember ,locks holding 4 boats
(catwalks to floating dock .'3hewn on survey). The proposed dock
will have room for 4 additional member on]y, boats, for a total
of 8 boats at thief site which is 187' wide at the water.
I am sending 1,r.' Corey of tile ~,"VSl)O~., ,~ a
p~oterty ]ines and al:;o n copy of this
Yes, this structure wi]l be located
by Gardiners Bsy
~lgned survey showing
]etter.
front of upland owned
(lardiners {lay Estater: Homeowners Ass. Inc. is nou-commerclal and
non-profit. To dock or moor a boat a person ~:1ust be a property
owner and a member in good sta~d:i.~lg, as ~stated in ouw by ].aws.
The Association owns all road:l, rJ. ght~ of way~ beach and Spring
}k)nd bottom.. Spring l'ond ir; only used as a private recreational
boating area for member.,3.
I believe all of }.°r. Corey'~ questJ, on:~ are answered satisfactory.
If there are any other questions, ! call be reached at 516-477-9675.
Yours tru].y,
Lavlret~ce J. }!atzen~ ChaJ.r,ln;{
I.!arine Committee GL1EI!A, Inc.
cc: I[YSDOS inc]_udil~g ~furVey
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East MarioI1, New York 11939
April 21, ]992
!)epartr~ent of Tile Army
1!¥ Corps of Engineers,
Jacob 1{. Javits Federal Ruilding
Hew York, HY 10278-0090
Sub jet t: G~rdiners ~e ply
Bay Estates llomeowuers Assn. Apr1. 792-01
to letter from ,lames~ 'J. Haggerty date,] 4/6/92
A~3 yell requested, I am answering, below, q/lestions raised by
Sa,nbach~ Jr.~ in his letter to you dated April ].~ 1992.
(]) "Are these piles?" Yes~ they are piles ~s noted on crossection.
(2) "Files in intertidal marsh? t)rawings as submitted by ~qe, showin~
such pi]es~ conform ~o approved standardr; by USACOE~ ~IYSDEC and Towh
of S6uthold.
(J) "amount of piles in Town noticeJ' Town showed abrievia~ed version
(4) questions on Project Plan: P].~r~s call for moving Fr. Sambach's
existing "non-conformi~lg" (~2" high at spar~lna) catwalk and 2 piles
12' east, as is. Difference in depth is a 6" %rough under his keel.
If this is no5 acceptable we will. propose an amendment to the plans
to delete moving his catwalk. It would then be his res~nslbility to
move i~ and conform to today's codes.
(J) Crossection plans: In consideration of Mr. Sambach's water view
over our right of way property, we tried to make the catwalk as least
obtrusive as possible (%herefore~ the slanted catwalk rise to 6"). No
agency has found this objectionable.
I would like to inform you that the land area in question is a right
of way access to Sprin6 Pond. Tho Association, comprl~in~ 100 members
(on 79 acres)~ owns this tax paying right of way and Spring Pond bottom.
;tr. Sambach pay~ the As~ociation a yearly right of way fee to have
dock on Association property.
(Page 1 of 2)
GAR DINERS
:STATES ItOMEOWNERS ASSOC~ION, lNG.
To: Department of The Army
April 21, 1992
Vie realize Mr. Sambach's main concerns are his change in view and
the added traffic of 4 members using their boats. There are now 4
boat~ docked on 2 float~, 2 moorings serviced from here and boat
launching. There are also numerou~ other moorings and docked boats
in his view. The A~sociation has always p~r~ed over previous
project~ with mlmil~r co~q~laints.
On October 19, 1991, the G.B.,,.N ~' .A , Inc., ~]oarl of Director~,
approved the construction of floating docks for 4 ~,ember boats on
the Dogwood Lane Right of Way.
The Southold Town ~oard of Tru~:tee,~ and the ~ui].ding Inspector
j.~)spected the si~e on April 18, 1992, J_n answer to [;r. Sambach's
letter to them which you enclosed.
I be].ieve I have answered all ~ questions satisfactorily. In moving
Sambacb's catwalk~ as is~ ~;r. Bredemeyer~ Fresident Town of So. uthold
;~oard of Trustees~ said "It wes alrlg~t to move J.t, as is~ since it
was in piece for a long time~ and minor in ]]ature." He also said it
was a mat%er up to G.]~.E.H,A. ~o~,rl of ]lrector~ to decide whether
to move it or not and the Town Eonrd wou].d no~ stand between our
Association and its members.
1 hope this letter clarifies the ~,atter. If there are any other
questions please get in touch v;]_th me. ~,y telephone number '~'
D].6-477-967~.
]'ar:[ le Coml,~ittee,. ~'~.,..n ]C..U.A., Inc.
cc: Solthold Town '%oerd of "ru ;reef.;
( ,~ge 2 of 2)
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
April 3, 1993
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of the Zoning
Code of the Town of Southold
Dear Mr. Goehringer:
I am writing to you to register my objection to Gardiners
Bay Estates (GBEHOA) application for a dock at the foot of
Dogwood Lane.
I am a year round resident and a director of GBEHOA.
When the dock proposal was submitted to our Board, I voted
against it. There is no need for this dock since there is
ample room for more boats at our present facilities. If a need
does arise in the future, then it would be more feasible to
locate the dock on Fox island, thereby eliminating any
"adverse effect" objections such as those of Messrs. Sambach Jr.
and Di Blasi.(Objections which I believe have validity)
I do believe however, that we must obtain an interp-
retation of the boat code for R40 zoning and hope that your
Board is able to do this in a timely manner.
A form letter prepared by our Marine Committee directed
to you, to be distributed and signed by those GBEHOA members
in favor of the dock, is not entirely accurate. It states
that the construction "...will not cause any harm to the
health, safety, or welfare of the community or of any adjacent
or nearby neighbors" I beg to differ. Instead of a quiet
right of way between their homes,that produces little "traffic",
placing a dock at the foot of the right of way between
Sambach Jr. and DiBlasi's homes will produce added foot traffic,
cars loading or unloading gear for boats, vehicle parking etc.
and...most important...a diminution of their property values.
It seems eminently unfair that these two members should
suffer real economic loss so that a mere five members at most,
can moor their boats literally in front ofthe aggrieved
members"homes. It is particularly distressing when the altern-
ative(constructing a dock on Fox island) is so simply
attainable.
The form letter would also have you believe that our
community property values would drop if the committee's
application is not granted.This is an exaggeration.We have
always had adequate space for our member's boats and with
island as a "reserve" area, future needs are assured.
Fox
(2)
As a practical matter, it would be impossible to guarantee
boat space for each of our 95 to 100 families. It just doesn't
exist.But' with the usual demographics breakdown, we have our
share of people too old to boat any longer, or who cannot
afford to boat, or who simply don,t want a boat.
As a Director of GBEHOA, I try to be mindful of the
interests of everyone in the Association. The proposed dock,
approved, would adversely affect two of our ~mbers. If not
aDDroved, no one would suffer economic loss.
if
Sincerely,
30 DogwoOd Lane
East Marion, N.Y. 11939
Gardiners Bay Estates
April 9,
1993
Chai~iaan
Gerard P. Goehringer,
Town of Southold Zoning Soard of Appeal~-
P. 0. Box 1179
Southold, New York 11971
lardiners 8ay Zstates Homeowners Association,
inc. Application ?or Interpretation of Zoning
Code of the ~own of ~!outhold
Dear }r. )oehringer:
I ~m a resident in ~ardmner~ Bay iilstates in -~ast ~ armo snd I
wish to advise you of my objections to the above referenced
Gardiners Bay ~.states' Homeowners _~Association, !nc. (G.B. ~' ~%.0~. .~.~
epplication.
in the Pall of 1991 the ~ arine Cor~ittee of the G.B.E.~.O. ~.
submitted a new dock propossl to the ~oard members. I and
others voiced our objections and several, letters were sent to
the Rssociation by other members, voicing their objections for
many, many reas~as, received a letter oate~ P arch 26, 1992,
copy enclosed, from the Department of the Army, New York District
Corps o[ Engineers. l~y property is contiguous to the proposed
dockage ares and my review and comments were requested. Inclosed
is a copy of my reply dated Aeril 7, 1992·
Ah this time there is no need for additional dock space. A
"waiting list~ ~or dock space by G.B.!~.H.0.A. members has never
surfaced, althdugh it has been requested. 'liven the age and
employment status of our members, more than half of our members
are over 60, ~nd half of our full time residents are over 70
years of age., ].any members are widows, widowers or otherwise
single, do not owa a boat, do not want a boat, are too old to
boat or cannot afford a boat. However, ass~ing that in the
future a need for more dock space should arise, than the dockage
ar~on Pox Island should be expanded. It would be more feasible,
less expensive, out of harms way, less obtrusive, and less dis-
turbing to the natural environment both in construction and
usage. Phc ~oregoing reasons were the original intent when
dock space w~s o~iginally constructed on Pox Island, i.e.room
for torrent us~ snd future expansion.
~'he notion thst property values wou~~ decrease without the
s~,~.oval cO said epplieatio~ is kss~:ifie0 end unfounded, flow-
ever, i hsv~, explored this statement and found that the ~alue
of my property, my neighbor, ~r. & i rs. ~garren S~bach, Jr.
(also coati~uous to the proposed new dock area), and many of our
adjacent property owners, wou]~ in fact decresse substantially
in value. Tb~s was the opinion of both Fr. Richar~ $~inters,
Senior Real Estate Appraiser, Southold and Fr. Robert Wendell,
?resident~ Winds Way Building Corporation, Southotd.
~.~ .... H .... ~-~.
~ respectively request that the application by the '~ ~'~ ~ ~ ~
not be approved.
Sincerely, ~
Judith Di .las.-~ i
P.C. Box 736, 360 Payview Dr.
East 1 arion, ~.Y. 11939
~no. -2
DEPARTMENT OF THE ARMY
NEW YORK DISIHIC] CORPS OF
JACOB K. JAVlfS FEDERAL BUILDING
NEW YORK, NY. 102/'8 0090
MARCH 26, 1992
Eastern Permits Section
SUBJECI: Application No.92-011 l-L2 b9 Ga~diners
IlomeOwners Association In(.
Bay Estates
lo Whom It May Concern:
the New Yor'k District, Corps of tngineeFs has received a request
for Department of the Army authorization fo~ the Following activity:
ACTiVIIY: CoRstruct a 3 foot by 20 foot fixed pier, elevated
a m~n~mum of 4 feet above grade of the marsh, a 3 foot by 6 foot
ramp, a 4 foot by 24 Foot floa~ with two 3 foot by 14 foot finger
float secured to three piles; and move existing piers 12 feet
eastward.
IN: Spring Pond, Gardiners Bay
AT: East Marion, lown of S~,uthold, Suffol~ Cuunty, I~e~ Yor~
APPLICATION BY: Gardiners Bay [states ;~ssociation, iPF. P.O.BoX 342
East Marion, New York 11939
As this work is minor in nature, authorization nay be by Letter
of Permission. This is in accordance with current Federal
RegulatiOnS governing work in navigable waters of the United States.
~0 accomplish the coordi~ation requi~ed, prior .o the issuance
of a Letter of Permission, your review of the enclosed drawing(s)
is requested.
Pursuant to Section (c) of the Coastal Zone Hanagement Act
of 1972 as amended [(16 U.S.C. 1456 (c)], the applicant has certifi(d
that the activity complies with and will be conducted in a manner
that is consistent with the Coastal Zone Management Prog~ ~m of
the Stat~ of New York
T~ ow for the timely processing of the subject ~pplication,
your c ~ts are requested within i~ ,'ays of the da*a of this
letter.
Sincerely,
(.S~ief, Eastern Permits Sectio~
~.Rcl. ~nreS
1792
360 Bayview DrLvc
P.O. Box 736
East blarion, N.Y. 11939
p~opo4ed t)~e~ and ~out a~e ~o [)e 2ucaged. Tt~e two ~a/t~e.~ (~e;t~tt aft(~ ::;~d~I~} aoctZ~ ~';~ ~hq
~CULge.~O~4 ~Ct~LOtl ~It Ihg~ ~occ~io~.
,' clcvt(/e'Lou~ ~tavL~:at~onu2
ltnde~ L/te ~ec~Lu~ estL'gtge~t " ' ' "
16 foot ~um,o.
... ., .
/
Ri. cl~u~d Di /3Latz
( Ifa.J ha; t d )
Warren A. Sambach, Sr.
255 Dogwood Lane
P.O. Box 791
East Marion, NY 11939
Gerard P. Goehringer
Chairman
Zoning Board of Appeals, Town of Southold
P.O. Box 1179, 53095 Main Road
Southold, NY 11971
Re:
April
Application ~4156
Gardiners Bay Estates Home Owners Association Inc.
East Marion, NY 11939
Mr. Goehringer:
I am a Vice President and Chairman of the Real Estate Committee
of Gardiners Bay Estates Home Owners Association Inc. and am
writing to you and the Board Members to register my objection
and comments with reference to the above application.
Last Fall when the Marine Committee of GBEHOA Inc. proposed
that a four (4) boat ramp, pier and float be installed at the
foot of Dogwood Lane, I voted against it. I asked the Marine
Committee who are the four members of GBEHOA Inc. requesting dock
space for their boats. As of this date, the names have not been
revealed. I personally feel that there is not a need for this
installation as there are two moorings available in Spring Pond.
If there is a need for dock space, then it would be more
feasible to add to the existing dock and floats at Fox Island,
where it would be less dangerous to navigation in Spring Pond.
The application and plans from the Marine Committee to the New
York State Department of Conservation and the Corps of Engineers
showed the installation of the proposed ramp, pier and floats
west of the final plans as approved. The NYSDEC arbitrarily told
the Marine Committee to extend the existing pier to accommodate
the additional four boats. The Marine COmmittee from correspondence
never revealed that the existing ramp, pier and float was
privately owned by the abutting property member owner. The
existing ramp, pier and float was installed in 1967 by the
previous owner and at that time there was minimul spartana growth.
I can't understand how the NYSDEC together with the Corps of
Engineers approve the installation of additional floats for four (4)
boats on somedody elses ramp, pier and float property.
In my more than fifty years of filing applications and plans before
Zoning Board of Appeals in Towns, Villages, Cities in Nassau and
Suffolk Counties as well as the City of New York, States of New York,
New Jersey and Connecticut for Business, Commerical, Heavy Industrial
Construction and residences, I have never asked for the interpretation
of the Zoning Code. It is my opinion that the words of Article III,
Section 100-31,C (3) (a) are explicit.
- 2 -
A Form letter prepared by the Marine Committee directed to you,
is being distributed and signed by those GBEHOA Inc. members in
favor of the dock, even tho they might not own a boat or plan to
own a boat is not entirely accurate. It states that the
construction "will not cause any harm to the health, safety or
welfare of the Community or any adjacent or nearby neighbors".
Instead of a quiet right of way between two residences, that
produces little "traffic", placing a ramp, dock and floats in
front of one of the members of GBEHOA Inc. will produce added
foot traffic, cars unloading and loading gear for their boats,
vehicle parking on the right of way thereby causing congestion
for those members and other people who are not property owners
but have permission to launch their boats, load piles for fish
net installation on their scows for installation in Orient Harbor.
The form letter would also have you believe that our property
values would be reduced if the Committe's application is not
granted. This is a gross exaggeration as we always had adequate
space for our member's boats. If and when requests for boat
dockage is requested, then the Fox Island pier could have extra
floats installed.
There are one hundred and one (101) property owners at the present
time. Six (6) additional property owners could be added for with
the sale of three (3) buildable parcels owned by members as well as
subdivision of parcels for three (3) more buildable parcels.
From the above it would be impossible to guarantee boat space for
each of our 101 to 107 members. There are members as mentioned
above in this letter who don't own a boat, do not want to own a
boat, to old to own a boat or can't afford to own a boat.
As Vice President of GBEHOA Inc. and a member of the Board of
Directors, I try to have the interests of all members of the
Association. If the application is not approved, no one would
suffer economic loss.
I respectfully
of the Town of
interpretation
c, (3) (a).
request the members of the Zoning Board of Appeals
Southold give serious consideration to the
to the Zoning Ordinance, Article III, Section 100-31,
Warren A. Sambach, Sr.
Vice President, GBEHOA Inc.
WaS:S
P.S. I am making additional copies of this letter for all members
of the Zoning Board as well as the Secretary.
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
MARCH 26, 1992
Eastern Permits Section
SUBJECT: Application No.92-O111-L2 by Gardiners Bay Estates
Homeowners Association Inc.
To Whom It May Concern:
The New York District, Corps of Engineers has received a request
for Department of the Army authorization for the following activity:
ACTIVITY: Construct a 3 foot by 20 foot fixed pier, elevated-~
a minimum of 4 feet above grade of the marsh, a 3 foot b~6 foot
ramp, a 4 foot by 24 foot float with two 3 foot by 14 foot'finger'
float secured to three piles; and move existing piers 12 feet
eastward.
IN: Spring Pond, Gardiners Bay
AT: East Marion, Town of Southold, Suffolk County, New York
APPLICATION BY: Gardiners Bay Estates Association, Inc. P.O.Box 342
East Marion, New York 11939
As this work is minor in nature, authorization may be by Letter
of Permission. This is in accordance with current Federal
Regulations governing work in navigable waters of the United States.
To accomplish the coordination required, prior to the issuance
of a Letter of Permission, your review of the enclosed drawing(s)
is requested.
Pursuant to section (c) of the Coastal Zone Management Act
of 1972 as amended [(16 U.S.C. 1456 {c)], the applicant has certified
that the activity complies with and will be conducted in a manner
that is consistent with the Coastal .Zone Management Program of
the State of New York
To allow for the timely processing of the subject application,
your comments are requested within 15 days of the date of this
letter.
Sincerely,
/~es W. ,aggerty v ·
(~Uief, Eastern Permits Section
Enclosures
I
.~CALE
Project: Dogwood
La ~/~ Catwalk
& Dock
Spring Pond,
East Marion
App~ Gardiners ',
Bay Estates W~me-!:
owners Assn.,Inc.!~
Consultant: :,
L. J, Matzen
Dated: 3/4/92
i~. Dogwood
i~a'r~ooC:~tw~k J. ·
~Sprtng Pond,
,:ast Marion
Appl: Gardiners _
Bay Estates Home J
owners Ass~ Inc. J
· Consultant: J.
L.J.M. atzen
i.Dated: 3/4/92
De?t. of- the Arm!/
N.~. District Corp of- Engineer4
]acob K. ]avita ?ederai Building
New ~ork, N.~]. 10278-0090
360 Bayview Drive
P.O. Box 736
East Marion, N.Y. 11939
Subject: App. 92-0111-L2 Dy ~ard~ters Day #omeowners Assoc.
[hank you f-or your defter of ~arch 26, 1992 advising me of the af-or~entioned subject matter.
W/tide my criticism~ may not come under the jurisdiction of- the Dept. of the Army~ .~ and many
other residents of the aff. ected area ~uestion the need~ the f-easibiii;t~ and the possible
dw~gerou~ end resudts of sai:d constraction.
At presen~ marine navigatian in Spring Pond is poor due in part to the ohaddowners o~ the
pond and minimal width of the waterway. Boaters mu~t use extreme caution particularly in
the inmide half of- the pond, which is the narrowest area. This is the area in ~hich the
proposed pier and fdoa~ are to be docated. The two darkest (length and width) boats in the
pond must traved past this proposed area to arriee at their respective dod~age/mooring area.
inta the ~xistingwaterwa~, thus contributing to more na¢igationad probdam~. ~aored boats
in the pond haee radius swings due to ~he winds, tides and dength of chain that at this
point are too close ~or com~ort. Because of the confined area, one boat has a fore and
· mooring to prevent swing damage. ~ore dod~age/mooring area wild propagate the already
dangerous situation in this docation.
boats and [ioats in the confined area are obviousdy a dangerous navigationad &ituation.
I/owever, one of our paramount concerns is the ecology. ~ the pond were to dose this
natured haven ~d ne~g piece ~or ~he ver~ active ~iiddi~e popudation pdu~ the ab~d~t
mar~e li~e ~d wegetation, th~ the na~urad ~iro~t no longer ~t~. ~dditionai
boat4, do~, ~ioat~, ~n~truction~ dred~ ~d the dike are detracted to the mv~an-
2t is primarily f-or the abowe reason~ that f, my ~amidg end so many of. our neighbors
vehemently object to thi~ pro,vo~ed consi'ruc~ion ~d f thank you £or this opportunity to
air m~ t,ie~ on th-e subject.
For your information Y bedieve a t~pographica~ error exists ~n your defter of- ~arc~ 26.
tinder the section entitded '~ctivity~' you re, er to the construction of. a 3 f-oot by 6 foot
ramp. Y bedieve these dimensions, to coincide with ~he drawings, should read 3 f-oot by
~6 toot ramp.
Y wou~d appreciate being kept informed of- any additionad correspondence regarding thi~
matter.
Sinceredy,
~&dith Di Blasi
IOu.~er]
Richard
//usband]
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
Gerard P. Goehringer,Chairman
Zoning Board of Appeals
P. O. Box 1179
Southold, NY 11971
Dear Mr.Goehringer:
am writing this letter to present my views on our application for
determination of the boat code for R40 zoning.
As a Homeowner Association, made up of members who are zoned R40,
there should be no problem with the code. But we are told since
the word Association is not in the language of the code a different
meaning can be formed which can be very detrimental to the
Association's docking facilities and jeopardise the rights we have
in our "original deeds" as individuals.
The original intent of the code is to stop people from putting more
than two boats that are not in their name on their waterfront
property. This is a great law since it stops abuses and all the
resulting problems. Because the language of this code does not
specificly mention another situation, such as ours, I can only
assume the drafters did not have the foresight to include all R40
zoned properties. Since we use our docks only for our property
owning members and do not allow outsiders aren't we using the code
to less advantage than a R40 homeowner that is not in an
Association like ours?
One should take into consideration that there is no wording against
Homeowner Associations in this code. If this is true could wording
that is there be construed against us? I think not. The intent of
this code would be lost if it were so.
Page 1 of 2
To: Gerard P. Goehringer, Chairman March 15, 1993
Zoning Board of Appeals Page 2 of 2
At present we are docking 38 boats on Association property for 69
non-waterfront members. The Association owns enough property
around the lake (1,709 feet) to accomodate these 69 members, even
if each one owned a boat, without overcrowding. Presently, there
are only 26 member boats on 31 private waterfront properties (3,070
feet). Our lake is prudently governed so it could never be used as
a marina. A marina by definition of -t~$-32-41 of the Town code:
"Any dock, pier or other facility operated for profit, or to which
public patronage is invited, etc." We are a not for profit
organization and our lake is for member use only. We specifically
do not allow water or electricity on our docks and sleeping on
boats is prohibited. It is in our best interest to keep our lake
"low key" for the best reason of all -- we live here.
We hope a practical, common sense judicial judgment, will be
forthcoming from your Board as it applies to us.
Thank you.
Sincerely,
Larry Matzen, Chairman
Marine Committee, GBEHOA,
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
March 20, 1993
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
P. O. Box 1179
Southold, NY 11971
Dear Mr. Goehringer:
Please be advised that the Board of Directors of Gardiners Bay
Estates, at a special meeting held on March 20, 1993, passed the
following motion:
"The Board moved to accept the reco~endation of
the Marine Co~ittee to cap the number of boats
on Association Docks and property to one boat
per non-waterfront member. This number is 77 to
cover present and possible future members and is
non-binding~
The Board noted this does not apply to the 31 waterfront members as
they are under the R40 boating code.
Sincerely,
Secretary, GBEHA
~.~'j[DINERU BAY ~,~,gATL,~ CLUB:, !NC.
Ag~'eement between 'the Gardin~rs Day Estate[. Club, In(:. and ~esident
bo~,,t owners who ~r:~intain doc], s and/or floats on rights-of-way or
other Club property:
1 - This agreement is non-transferable, and has no connection what-
soever.to the own.ership of prope~,'ty.
2 - If the boat owner should relinquish this space, it may be assigned
to another boat owner. ,~hould the original boat owner wish to re-occupy
thi~ space, he (or ~he) will be allowed to do so as soon as practicable.
3 - All Club dues, beach fees and boat foes must be kept paid up
to date.
4 - The,boat owner a~rees to refrain l'rom placing on Club property'
any structure, shed cz' utility connecbion '(electric cr water) and
to abide by nll of the rules and regul~bions of the Club and the
Marine Committee.
Boat Owner
· Cardinero l~ay Estates Club, Inc.
Date
-?6
7Z
'"ti
131
~8
-U/~TE A-F
~4G /$LA~
fees, Conditional fees, and fees-taft. The term is op-
posed to "fee-eimple.-
Plowm,en's f~. In old F-.~l~ish law, was 'a species of
tenure peculiar to peasants or small farmers, some-
what like ga'elk/nd, by winch the lands descended in
equal shares to all the SOns of the tenant.
Qcaliited fee. In Engilah law, a fee hav/n~ a qunlifl-
cation subjoined thereto, and which must be deter-
mined whenever the qualification annexed to it is at
an end; otherwise termed a "base fen.,, An interest
which may continue forever, but is liable to be deter-
mined, without the aid of a Conveyance, by some act
or event, circumsertbln~ its continuance or extent.
An interest Wven to a man and ~ of his heirs at
the t/me of its limitation.
Quas/fee. An eetete FA/ned by wrong.
Fasd. To lend additional support; to strengthan ex
post ~cto. Similarly, a subsequent title acquired by
the mortgagor is said "to feed the mortgage."
Fso-farm. A specins of tenure, where land is held of
another in perpetu/ty at a yearly rent, without fealty,
homage, or other services than such as are spec/ally
Comprised In the feofl~nent. It corresponds very
nearly to the '°emp/~teuals' of the Roman law. Feal-
ty, however, was inddent to a holdin~ in fee-farm,
accordin~ to SOme authors.
Fee-farm is where an estate in fee is ~ranted sub-
ject to a rent in fee of at least one-fourth of the value
of the lands at the time of its reservation. Such rent
appears to be called '~ee-farm',. because a grant of
]eh~wd~s.~_s~. cons. lde?bl, . rent is indeed only
--0 ~.*.o ,,, farm m lee-simple, instead of the
usual method of life or years. Fee*farms are lands
held in fee to render for them annuMly the true ~
or more or less; sb~ called beeauee-a farm rent is
reserved upon a grant in fee. Such estates are as-
tates of inheritance. They are classed among estates
in fen-Simple. No revers/onary interest remains in
the lessor, and they are therefore subject to the spot.
ation of the legal principlee which forbid restraints
opon alienation in al/cases where no feudal relation
exists between grantor and grantee.
Fee-ferm rext. The rent reserved on granting a fee-
farm. It might be san-fourth or one-th/rd the valu
the land. Fee-farm rent is a rent-charge Issuing out
of an estate in fee; a perpetual rent reserved on a
conveyance in fee-simple.
Fee simple.
Absolute. A fee simple absolute is an estate limited
absolutely to a man and his heirs and assigns forever
without liraltation or condition. An absolute or fee.
simple estate is one In which the owner is entitled to
the ant/re property, with unconditional power of dis-
position during Iris life, and descending to Iris heirs
and legnl representatives upon Iris death intestate.
Such estate is unlimited aa to duration, disposition,
and deseendibfl/ty.
79 S.W.2d 11, 12. Slayden v. Hardin, 257 Ky. 685,
The estate which a man has where lands are given
to him and to his he/rs absolutely without any end or
limit put to his estate. 2 BI.Comm. 106. The word
"fee," used aloue, /s a sufficient designation of tiffs
species of estate, and hence "simple" is not a oeens-
sary part of the title, but it f~ added
dearly dis~chin~ this estate from a
f~om any variety of conditional ,
stWtiflas a pure fee; an absolute estate of
~e~ ~Of' any condition or restriction
ea~, oem~ descendible to the helm
male or female, lineal or collateral. It la
estate and most extensive interest that
joy,ed in land.
Condif~on~. Type of transfer in which
veys fee simply on condition that
or not done. A defeneihie fee which
with right of entry for condition broken
amy be exercised by SOme action on
when condition is breached, .
At conunon law an estate in fee ~
was a fee limited or restrained to some
heire, exclusive of others. But'the statute "Dm
Converted all such estates into
Comn~ 110.
Defens#~le. Type of fen '1 ich
on the happening of an event. An eetete u
last forever, but which may end u
of a specified event, is a "fee simple
Newbern v. Barnes, 3 N.C.App. 521, 16~
530. ·
Detorminahle. A "fee simple determinable"
ed by conveyance which Contains words
create a fee simple and, in addition, a
automatic expiration of estate on occurrence
ed eveflt. Selectman of Town of Nahant
' D.C.Mass., 293 F. Supp. 1076, 1978.
Fee tall A freehold estate in which ~
of inheritable succession limited to
re~dur and general soeeeeeion of he~
off. Coleman v. Shoemaker, 147 Kan.
905,907.
An estate tall; an .estate of
man and the heirs of his body, or limited te
classes of particular heirs. It
~udum tsfl~atum of the feudal law, and
believed to have been borrowed from the
where, by way of fldei comm~asa, lands
entailed upon children and freedmen
scendants, with restrictions as to
varieties and special characteristics ,
estate, see Tall, Estate Im ~
while e~caping with the s.tolen goods in ~hJs.,I
sion.
Fehm-°~*lchie /f~ym~kto/. The flame
taln secret tribunals which flourished in
from the end of the twelfth centuoj
governments which were too weak
and order, and inspiring dread In all who came
their juriedictton. Such a court exlated in
(though with greatly diminished
suppressed by Jerome Soneperte,in 1811
Fd~aed/f~ynd/. Fictitious; pretended;
FELONY
One who pretends to consult and
act with others in the planning or commission of a
come, but only for the purpose of discovering their
plans and confederates and securing evidence against
An action, now obsolete, brought on a
pretended right, when the plaintiff has no true cause
ot action, for some illegal purpose. In a feigned
action the words of the writ ars true. It differs from
f~lse action, in which case the words of the writ are
false· See also Feigned issue.
Ir~p~ned diseases. Simulated or pretended illness. Dis-
--fear, shame, or the hope of gain.
Fri~ned issue. A proceeding, now obsolete, whereby
parties, by consent, could have matter determined by
jury without actually bringing action. Sec also
Feigned action.
FELA. Federal Employers' Liability Act.
Felagas/fol~ygos/. In Saxon law, one bound for anoth-
er by oath; a sworn brother. A friend bound in the
decenuary for the good behavior of another. One
who took the place of the deceased. Thus, if a person
was murdered, the recompense due from the murder.
er went to the felagus of the slain, in default of
FeM. A field; in composition, wild.
Fele, feel. L. Fr. Faithful. See FenL
Fellow. A co-worker; a partaker or sharsr of; a com-
panion; one with whom we consort; one joined with
a college or corporate body(~- :
A co.heir; partner of the same inheri-
same corflrnon source, and are engaged in the same
general business, though it may be in different grades
that negligence of one in doing his work may injurs
tion for damages brought against an employer by an
. Io~urad employee the employer may allege that the
negligence of another employee was partly or wholly
and, thus reducing or extinguishing his own liability.
t~do de se /ftlow dly sly/. Killing of self; suicide.
Fmionla If~16wulyo/. Felony. The act or offense by
which a vassal forfeited his fee. Per £eloniam, with a
criminal intention.
Felonla, ex vi termini slgnificat quadllbet enplt~le cfi-
men fallen aulmo peq~etratum /fal6wniy~, &ks vay
t~rmanay, sagn[fak~t kw6dlabat k~l~t&yliy krAymsn
f&lllyow ~namow porpatr&ydsm/. Felony, by force of
the term, signifies any capital crime perpetrated with
a malignant mind.
Feinula tmpllentur in qunilbet proditione /fal6wniya
implak~ydar in kw6ylsbot pradishiy6wniy/. Felony is
implied in every trsason.
Feioniee /fal6wnssiy/. Feloniously.
Felonious /fal6wn(i)yss/. A technical word of law
which means done with intent to commit crime, i.e.
criminal intent. Of the grade or quality of a felony,
as. for example, a felonious assault (q,v.). Malicious;
villainous; traitorous: malignant. Proceeding from
an evil heart or purpose. Wickedly and against the
admonition of the law; unlawfully. See also Felony;
Feloniously.
Felonious assault. Suoh an assault upon the person as,
if consummated, would subject the party making it,
upon conviction, to the punishment of a felony, that
is, to imprisonment. Aggravated assault as contrast°
ed with simple assault.
Felonious entry. Type of statutory burglary. See Bur*
Felonious homicide. Killing of human being without
justification or excuse. See Homicide; Manslaughtel';,
Murder;, Premeditation.
Felonious intent. An act 'of ~he wlll'in which one foFms
his desire to commit a felony. ,
Feloniously. Of, pertaining to, or having, the quality of
felony. Proceeding from an evil heart or purpose;
done with a deliberate intention of committing ·
crime. ~olden v. Commonwealth, 245 Ky. 19, 53
S.W.2d 185, 186. Without color of right or excuse.
Malignantly; maliciously. Acting with a felonious .
intent; i.e. acting with intent to commit a felony.
See also Felonious.
Felonious taldp~. As used in the crimes of larceny and
robbery, it is the taking with intent to steal.
Fdony. A crime of a graver or mors serious naturs
than those designated as misdemeanors; e.g. ng~ra-
vated assault (felony) as contrasted with simple as-
sault (misdemeanor). Under federal law, and many
· state statutes, any offense punishable by death or
imprisonment for a term exceeding one year. 18
U.S.¢.A. § 1. Many state penal or criminal codes
define felony status crimes, and certnin states in turn
- also have various classes of felonies (e.g. (:lass
C, etc.) with varying sentences for each class.
At common law, an offense occasioning total forfei-
ture of either land or goods to which capital ur other
pUnishment might be superadded aecordins to degree
of ~ullt. At early common law the ter~ was applied
to describe the more serious uffenses co~nlaable in
the royal courts, conviction for which entailed forfal-
· turs of life, limb and chattels and escheat of lands to
8'7
I00
q~
q~
"/I
61
1'7
1~5
1'57
SPRi IqG
14.:z
I~EACH
161
Southold Town Planning Board " -$-
February 27, 1968
JAMES OLSEN~ I can,t get hi my mind what Birch Hills
has to do with this layOUt.
JOHN WICKHAMt VistaBluff is directly across from her
home.
HENRY MOIBA~ X will declare the hearing closed at thls
t/me and we Wlll act on this later.in the evening.
PUBLIC HEAR3NG, 'Upon question of approval of the follow~ng
plats
Plat of property owned by Gardners Bay Co., Xnc.,
entitled Gardiners Bay Estates, Section X~, consisting
of a parcel of land of 8.687 acres, situated at East
Marion, in the Town of Southold, Suffolk¢ounty, New York,
and bounded and described as follows~
BEGIi~NIN~ at a monument on the easterly line of a
private road known as "Old O~.~dd Lane", 912.48 feet
southerly along said easterlyline from the Main Road,
said point of beginning being the southwesterly corner
of land of Macara~ from said Point of beginning running
along said land of Macara, N. 63° 29' 40" E.- 239.20
feet to land of Thieringer Es~ate~ thence along said land
of Thieringer Estate, two Courses~ (1) S. 27° 36' 10"
E.- 475.0 feet~ thence (2) N. 89Q 38' E.- 155.0 feet to
the shore of Marion' Lake~ thence southeasterly along said
shore as measured by a tie- line, S. 64° 37' 30"
84.38 feet to land of Thorp~ thence along said land of
Thorp, S. 32° $4~ 40" W.- 170.0 feet to a proposed high-
way to be known as "North Lane"! thence along the north-
erly line of said "North Lane", N. 85° 31' 00" W.- 315.11
feet~ thence across the southerly end of a proposed high-
way to be known as "old Orchard Lane", S. 62~ 23' 50" W.-
50.0 feet~thence along the northwesterly l~ne of a proposed
highway to beknown as "Dogwood Lane", s~x courses~ (1)
southwesterly on a curve to the left having a radius of
400.0 feet, a distance of 117.93 feet, as meastt~ed by a
chord bearing S. 45° 30~ 40" W.- 117.$0 feet~ thence
(2) southwesterly on a curve to the right hav~ng a radius
of 400.0 feet, a distance of 100.0 feet, as measured by
a chord bearing S. 32 00 W.- 99.72 feet~ thence
southwesterly on a c~rve to the righ~%aving a radius of
Southold Town Planning Board
-6-
February 27, 1968
400.0 feet, a distance of 100.0 feet as measured by a chord
bearing S. 56° 00~ W.- 99.72 feet~ thence (4) southwesterly
on a curve to the left hav~ng a radius of 400.0 feet, a
distance of 100.0 feet as measured by a chord bearing s. 54°
00' w.- 99.72 feet! thence ($) southwesterly on a curve to
the left having a radius of 260.0 feet, a d/stance of 100.0
feet as measured by a chord bearing S. 33' 00' w.- 99.38
feet~ thence (6) southwesterly on a curve to the right having
a tad/us of 186.0 feet, a d/stance of 100.0 feet as measured
by a chord bearing S. 46° 45e 40# W.- 98.81 feet to a mon~mulet
and land of Schneider! thence along said land of Schneider,
N. 26° 51~ 00" W.- 269.30 feet~ thence along land'of
Gardners Bay Company, Xnc., two courses~ (1) S. 50° 49e 40"
E.- 382.16 feet~ thence (2) N. 27° 36~ 10" W.- 293.08 feet
to land of Dzenowski~ thence along said land, N. 57° 33~
40" E.- 213.51 feet to the westerly line of said private
road known as "01d Orchard Lane"~ thence along said westerly
line N. 27° 21" -20" W.- 63.0 feet~ thence across said "Old
Orchard Lane"~, N. 63° 29~ 40" E.- 24.0 feet to the point
of beginning.
The Chairman opened the hearing by reading the legal
notice of hearing, and affidavit.attesting to its publication
in the official newspaper of theTo~.~
THE CHAZRMAN= Is there anyone present who wishes to
speak against this subdivision?
(There was no response.)
THE CHAZI~MANt Zs there anyone present who wishes to
speak in favor of this subdivision?
(Mr. & Mrs. Frank Thorp appeared In favor of the
subdivision application)
~ C~.AZRMAN= Zn Section II we had some d/scussion about
property owned by Gardiners Bay Esta~ for public use.
MR. FRANK THORP~ We have a letter in the file to ~over
That.
Southold Town Planning Board
-7-
February 27, 1967
The Chairman read the following declaration~
"GARDNERS ~AY COHPANY, XNC., a d~mestic corporation,
having its principal placeof busines at No. 120 Rockaway
Avenue, Rockvllle Centre, ~assau County, New York, makes
this Declaration with respect to the property located at
East Marion, To~n of Southold, Suffolk County, New York,
shown on the map prepared by .otto W~ Van Tuyl & Son, which
ie entitled, 'Section $, Gardiner's Bay Estates', which is
to be filed in the ~ffce of the Clerk of Suffolk County~
"~.~EAS, Gardners Bay company, Xnc., is the
owner of the propertyshown on the aforesaid map, an~has
requested, the 'Town of Southold to approve said map) and
"WHEREAS,. the ordinances of the Town of Southold
require a p~rtion of land about to be. developed to be set
aside for recreation purposes~ and
'%~{EREAS, Oardners ~ay. Company, Inc. has hereto-
fore developed that land at East Marion, Town of Southold,
Suffolk County, New York, shown on the map entitled,
'Section 2, Gard/ner's Bay Estates', which map was filed ~
the office of the Clerk of Su'ffolk County on September 23,
1927 as Map No. 2?5, which land is: located adjacent to the
land shown on map of"Section 3, Gardlner's Bay Estates'~
"N~, THEREFORE~ in order to effectuate its
intention that purchasers of the land shown on map
of 'Section 3, Gardiner's Bay Estates', shall have available
to them the same recreational facilities and privileges
as the'purchasers of~nd shown on map of 'Section 2,
~ardiner's Eay Estates', the said ~ardners Bay Company,
Inc., declares as follows=
"1. That each deed to purchasers of lots shown
on map of 'Section 3, Gardiner's Bay E~tates' shall contain
the same privileges as to the use of the beach, the land
known as Fox Xsland, Spring Pond and the lan~s adjacent
to Spring Pond as are set forth in the deeds to the pur-
chasers of lots shown on map of 'Section 2, Gardner's
Bay Estates'.
Southold Town Planning Board -8-
February 2?, 1968
"2. That it is the intention of Gardners Bay
Company, Inc., that the land shown on map of 'Section 3,
Gardiner's Bay Estates~ is to be used in conjunction with
the land shown on map of 'Section 2, Gardiner'a Bay Estates'
to the end that the purchasers of lots sho~n on map of
'Section 3, Gardiner's Bay Estates' shall have available
the same recreational facilities and privileges as the
purchasers of the land shown on map of 'Section 2, Gardiner's
Bay Estates' have a~ailable to them.
" "3. The declaration contained herein shall run
with the land for the benefit of all purchasers of lots
from Gardners Bay Company, Inc., its sucessors or assigns,
and for the benefit of the heirs, successors, assigns and
grantees from anypurchaser from Gardners Bay Company, Inc.
"IN'WXTNESSIs~REOF, this declaration has been
duly executed this 10th day of November 1967.
"GARDNERS .BAY COMPANY, INC. by /s/ Lois Johnson Thorp,
President. SEAL"
~ CHAIRMAN= In view of this declaration, it would
be in order to have the Planning Board waive the park and
playground requirement in this case.
On motion by Mr. Moisa, Seconded by Mr. Grebe, ,it~as
RESOLVED that the park and playground requirement for
the subdivision to be known as Gardiners Bay Estates, Section
~IX, at East Marion, New York, owned and developed by
Gardners Bay Company, Inc., be and hereby is waived.
Vote of the Board: Ayes~-Mr. wlckham, Mr. ~oisa,
Mr. Coyle, Mr. Grebe.
THE CHAIRMAN: If there is nothing fur'ther, I will close
the hearing at this t/me and we will act on this later in
the evening.
TRUSTEES
John M.. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Kmpski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
April 30, 1990
Lawrence J. Matzen
Gardiners Bay Estates
Homeowners Association
East Marion, NY 11939
Re: App. No. 640, Gardiners Bay Estates
Dear Matzen:
The following action was taken by the Board of Town Trustees during
its regular meeting held on April 25, 1990 regarding the above
matter:
WHEREAS, Lawrence J. Matzen IN BEHALF OF Gardiners Bay Estates
Homeowners Association applied to the Southold Town Trustees for a
permit under the provisions of the Wetland Ordinance of the Town of
Southold, application dated June 21, 1988 and,
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and recommendations,
and,
WHEREAS, a public hearing was held by the Town Trustees with respect
to said application on April 25, 1990 at which time all interested
persons were given an opportunity to be heard, 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 LAWRENCE J. M~TZEN IN BEHALF OF GARDINERS BAY ESTATES
HOMEOWNERS ASSOCIATION BE AND HEREBY IS GRANTED PERMISSION UNDER THE
WETLAND ORDINANCE TO: construct 115' bulkhead with a 4' wide elevated
catwalk; dredge an area approximately 6' .seaward of the catwalk to 3'
BMLW, removing approximately 40 c.y. of material, which will be
disposed at an upland location and retained from reentering the
waterway.
This permit will expire two years from the date it is signed if work
has not commenced by said date. Fees must be paid, if aDDlicable,
and permit issued within six months of the date of this
notification. Two inspections are required and the Trustees are to
be notified upon completion of said project.
Please return to the Building Department for a determination on the
need for any other permits which may be required for this project.
Permit will be issued upon payment of the following fees for work to
be done below Mean High Water Mark: /~3 /;~$/--J~3/'6~ ~//~, ~'~
Very truly yours,
John M. Bredemeyer, III
President, Board of Trustees
JMB:jb
CC: Bldg. Dept.
Conservation Advisory Council
file
Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO 3~18 .........
DATE: ....April g6, ..!990
ISSUED TO ......Gar,diner,s,.B.~¥. ,E~l~es A~soci~tion ..................
Aulhorization
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893: and Chapter 404 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in .accordance with the
Resolution of The Board adopted at a meeting held on .Ap~Lt
19 90..., and in consideration of the sum of $ paid by
of ...................................................................... N. Y. and subject to the
Terms end Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
To construct 115~ bulkhead w/a 4~ wide elevated catwalk;
dredge an area approximately 0~ seaward of the catwalk to
3~ BMLW, removing approx. 40c.y. of material, which will
b~ .dispose~t at an uoland location & retained from reen. tering
a,~ ~n accoraance with }he detailed specifications as presented ~n the
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes ;ts Corporate Seal to be affixed, and these presents to
be subscribed by a majority of the said Board as of this date.
SOUTHOLD TRUSTEES
No. ~
Issued To'~ · Da~e -_Y_~.~_
Address '~' - ~ '
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE;TOWN OF SOUTHOLD
SOUTHOLD. N.Y. 11971
TEL.: 765-1892
Regulatory Branch
DEPAIW4MT OF '~MY
NEW YORK D~BTRICT. CORPS OF ENGINEER8
JACOB K.~ JAVlT8 FEDERAL BUILDING
NEW YORK. N.Y. 102TB-OOeO
,lAN 3 1 1990
SUBJECT: Department of the Army Permit No. 15595
Gardiners Bay Estates Homeowners Association
P.O. Box 342
East Marion, N.Y. 11939
Dear Sir:
Enclosed is a Department of the Army permit for your work.
Please display the enclosed Notice of Authorization sign at your
work site.
You are required to submit to this office the dates of
commencement and completion of your work. Enclosed are two forms for
you to use to submit the required dates.
If for any reason, a change in your plans or construction methods
"is found necessary, please contact us immediately to discuss
modification of your permit. Any changes must be approved before they
are undertaken.
Sincerely~
Enclosure
DEPARTMENT OF THE ARMY PERMIT
Permittee
Permit No.
Gardiners Bay Estates Homeowners Assoc., P.O. Box 342, East Marion, New York 11939
15595
Is~uingOffice NY District Corps of Engineers (Public Notice No. 13432-88-0897-L2}
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any futura transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
Construct 115 feet of subgrade bulkhead with a 4 foot wide catwalk
elevated above the bulkhead and wetlands. Dredge an area approximately
6 feet weterward of the catwalk to 3 feet below mean low water, removing
approximately 40 cubic yards of material. All dredged material will
be disposed of at an upland location, where it will be suitably retained
from reentering the waterway.
ProjectLocetlon: INC Spring Pond, Gardiners Bay
AT: East Marion, Suffolk County, New York
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on. January $1, 1993
If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at leaat
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain · modification of
this permit from this office, which may require restoration of the area.
3. If you discover.any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721, Nm 86 EDITION OF SEP 82 (S OBSOLETE. (33 CFR 320-330)
1145-2-303b (Gardiners Bay - Gardiners Bay Estates Homeowers ASsoc. bulkhead, dredge
'.with upland disposal) ~
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5/ Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant, Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such es those contained in 33 CFR 326.4 and 326,5. The
refemnosd enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such es those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
(~. Exteosioos. General condition ! establishes a time limit for the completion of the activity authorized by this permit. Unle~
there ere circumstances requiring either a prompt completion of the authorized activity or · rcevaluetion of the public interest
decision, the Corps will normally give favorable consideration to · request for an extanaion of this time limit.
· Your signature below, es permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
¢;'rR~7'A~mt~A R D I MEOWNERS ASSOC. ~/ (DA T~) '
This perm~ctive ~wh~gnated to act for the Secretary of the Army, has signed below.
~ E O~rER) ~ ~'H.~n,el son
Colonel Corps of Engineers
W]len the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DA TE)
PERMIT NUMBER
10-~7-0754
N/A
N
PERMIT
Under the Environmental Conservation Law
Article 15, Title 3; 6NYCRR 327,
328, 329: Aquatic Pesticides
I Article 15, Title 5:
__ Protection of Water
I Article 15, Title 15:
Water Supply
J Articfe 15, Title 1.5:
__ Water Transport '
I Article 15, Title 15:
Long Island Wells
I Article 15, Title 27:
Wild, Scenic and Recreational
Rivers
[--'~-] 6NYCRR 608:
Water Ouality Certification r-~
r-.---~ Article 17, Titles 7, 8:
SPDES ~
---]Article 19:
Air Pollution Control* {------']
[----] Article 23, Title 27: ~
Mined Land Reclamation
-----]Article 24:
Freshwater Wetlands ~
N--New, R--Renewal, M--Modification, ~
C--Construct (*only), O--Operate (*only)
EFFICEIVE DATt
Oct. 23? 1989
EXPIRATtO~ DATEIs)
Oct. 31, 1992
Article 25:
Tidal Wetlands
Article 27, Title 7; 6NYCRR 360:
Solid Waste Management*
Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
Article 34:
Coastal Erosion Management
Article 36:
Floodplain Management
Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
PERMIT ISSUED TO
Gardners Bay Estates Homeowners Assoc.
ADDRESS OF PERMITTEE
P.O.Box 342, EaSt Marion, NY 11939
TELEPHONE NUMBER
[51~)~77-P~75
UTM COORDINATES
AGENT FOR PERMITTEE/CONTACT PERSON
Lawrence Matzon, Mar/ne Committee Chairman
I~AME AND ADDRESS OF PROJECTIFACILITY (It different from Permittee)
Canal off Sprfn~ Pond
LOCATION OF PROJECT;F6CILITY COUNTY
East Marion Suffolk
DESCRIPTION OF AUTHORIZED ACTIVITY
catwalk as per ~SDEC approved plan, attached. DredE~nE ~11 occur seaward of the
catwalk to a depth of 3 feet at mean low water.
GENERAL CONDITIONS
By acceptance of this permit, the permittee asrees that the permit is continRent upon strict compli-
ance with the ECL, all applicable fegulalions and the C°ndillons specified herein or attached hereto.
the public intetest so requires pursuant to ECL §21~o1 and SAPA ~1(3)
waste mana8emem facilities ~rmits (SWMF]. or Hazardous waste mana~mem facilities ~rmi[s [HWMF))
7 T~ ~rmitt~ is ces~nsible for obtaining any ot~r ~rmits. /ppr~aJs. la~s. ease~nts and riiht~f~av which may ~ r~uir~ fm this
9 An% m~ificatmn o' ,his .,mi, ,,.m~ ~ the De~.mem must ~ in writing and attached ~,eto. F-~~*~O~- ~:,.:
PERMIT ISSUANCE DATE PER~] A~INI~ ADDRESS ~'~" . c'~ Of - "t'
Oct. 23, 1989 I Christlne J. Costooo.ln. I
........ ,~ ~ [O~K
95-20~a'lt/86) -
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 {Title 5), 24, 25, 34, 36 and S NYCRR Part 608 (
'~0. That if future operations by the State of New York require an
terat~on in the position of the structure or work h~rein aut:~orized, or
if. in the opinion of the Department of £nvlronmental Conservation
it shall cause unreasonable obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or wetfare of
the people of the State, or cause loss or destruction of the natural
resources of the State, the owner may be ordered by the Department to
remove or alter the structural work. obstructions, or hazards caused 15.
thereby without expense to the State. and if, upon the expiration or
revocation of this permit, the structure, fill. excavation, or other
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, without expense to the State. and to such
extent and in such time and manner as the Department of Environmental
Conservation may re~uJre, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. No claim shall be made against
the State of New York on account of any such removal or alteration· 17.
11: That the State of New York shall in no case be liable for any damage
or injury to the structure or work herein authorized which may be caused 18.
by or result from future operations undertaken by the State for the
conservation or improvement of navigation, or for other purposes, and
no claim or right to compensation shall accrue from any such damage.
12. Granting of this permit does not relieve the applicant of the responsi.
bility of obtaining any other permission, consent or approval from 19.
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State
Office of General So,ices o'r local government which may be required.
13. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels.
solvents, lubricants, epoxy coatings, paints, concrete, leachete or any
)
other environmentally deleterious materials associated with the
project.
Any material dredged in the prosecution of the work herein permitted
shall be removed evenly, without leaving large refuse piles, ridges across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause damage to navigable channels or to the banks of
a waterway.
There shall be no unreasonable interference with navigation by the work
herein authorized.
If upon the expiration or revocation of this permit, the project hereby
authorized has not been completed, the applicant shall, without expense
to the State. and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration.
If granted under Article 36. this permit does not signify in any way
that the project will be free from floodinB.
If 8ranted under 6 NYCRR Part 608, the NYS Department of Environ-
mental Conservation hereby certifies that the subject project will not
contravene effluent limitations or other limitations or standards under
Sections 301,302. 303, 306 and 307 of the Clean Water Act of '1977
(Pi: gS-217) provided that all of the condition,s listed herein are met.
All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as part
of the permit application.
approved
Such approved ~lans were R~ by NYSDEC
.~_~ 1 & ? on n,-~- 9'~, Iq8
DEC PERMIT NUMBER
10~87--0764
PROGRAM/FACILITY NUMBER
SPECIAL CONDITIONS
1. The subgrade bulkhead and catwalk with support pilings ~ust be fully constructed
before.dredging takes place.
2. S~oil site and crane l?cation must be at least 35 feet from the subgrad% bulkhead.
3 Ali necessary precautions shatlbe ~aken to prevent contamination of the tidal
wetlands and or waters of New York by silt, sediment, fuels, solvent, lubricants,.
work.ep°xy coatSngs, concrete leachate and any other pollutant associated with project
Any debris or excess material from construction of this project shall be completely
removed from the a~jacent area (upland3 an~'removed to an appxoved upland area
nisposal. No deSris is permitted in tidal wetlands.
5. The storage of COnStructiOn ~qulpment and materials shall be confined to within the
project work site on!work b~rge or~upland-a~eas greater than 25 feet landward of
tidal wetland boundary.
6. Ail dredged· material shall be disposed on an upland site and be suitably retained so
as to not reenter any water body or tidal wetland area.
7. During the dredging operation, the permittee and his COntractor shall make every
effort to restrict spillage of sediment during excavation and haulage. Dredging
shall, be accomplished with a clam shell or other closed "bucket" equipment.
8. Excavated sediments shall be placed directly into the'disposal site or conveyance
vehicle, No sidecasting (double dipping) or tempoary storage of dredge material is
authorized.
9. A filter fabric curtain weighted across the bottom and suspended On floats shall be
positioned ' at brtdse "' : site before co~encing dredging. The curtain shall
remain in place.while dredging is occuring and re~in in
I'place for on~ hn,tr ~r~r ~o~,~^~.~__ ...............
I Page. ~ of
S~ECIAL CONDITIONS (continued)
For ArticleS 15. 25 & f Protection of l.?aterm. Tfdnq Wetln~rtR g
6~fCP-R 608 Water Quality Certification
10. There shall be no disturbance to vegetated tidal wetlands as a result of the
permitted activity.
Il. Dredging is specifically prohibited from June 1 through September 30 each year
to protect spawning shellfish.
12.
Bulkhead constructed directly adjacent to vegetated tidal wetland shall be
jetted in with minimal disturbance to the tidal wetland. Treching is strictly
prohibited.
SupPlementary Special Conditions (A) through' (J)attached.
10-87-0764
FACILITY lO NUMBER
IPRO(~RAM NUMBER ] Page .~ of ,k
GAL $. SHAFFER
SECRETARY OF STATE
Lawrence Matzen
P.O. Box 342
Dogwood Lane
East Marion, NY
11939
STATE OF NEW YORK
DEPARTMENT Of STATE
ALBANY, N.Y. 12231-0001
December 1, 1988
Re:
F-88-419
U.S. Army Corps of Engineers/New York
District - Permit Application
#88-0897-L2 (Maintenance Dredging)
Town of Southold
Dear Mr. Matzen:
The Department of State has completed its evaluation of your Federal
Consistency Assessment Form and certification that the above proposed permit
activity complies with New York State's approved Coastal Management Program,
and will be conducted in a manner consistent with this program.
Pursuant to 15 CFR Section 930.63, and based upon the project information
submitted, the Department of State concurs with your consistency certification
subject to the condition that in order to minimize adverse water quality
impacts to Spring Pond and Orient Harbor, dredging shall not take place between
May I and September 1 of any year.
This concurrence is without prejudice to, and does not obviate the need to
obtain all other applicable licenses, permits, and approvals required under
existing State statutes.
A copy of this decision has been sent to the Corps of Engineers.
Sincerely,
George R. Stafford
Director
Division of Coastal Resources
& Waterfront Revitalization
GRS:MC:ng /
cc: COE/NY District - Michael Infurna
NYS DEC/Region 1 - Robert Greene
Town of Southold Trustees - Frank Kujawski, Jr.
I&
~G£ I,, Z
' ' ~ ~ulkheaO,'~r~§e'...~'upla~d di~posa.1).
GAd{DINERS BAY ESTATES
EAST MATION~ N.Y. - -
ATTN.. MR. LAWRENCE MATZEN
F~t.~ t~_H~eowners Assoc.
CEIV-~-OP-i~-I
DEPARTMENT OF THE ARM~
NEW YORK DISTRICT. CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
This letter must be completed and mailed.to the Harbor Supervision &
Compliance Section at the above address prior to commencement of any
work authorized under the permit..
Permittee:
Date Permit Issued:
Waterway:
Permit No.
Expiration Date:
City & State:
Type of Work:
Work will commence on or about:
_Name, Address-&
Telephone Number of Contractor:
Signature of Permittee Date
New York State Department of Environmental Conservation
Region 1 Headquarters
SUNY, Building 40, Stony Brook, NY 11794 ~ '~ ': ~ ~ ~ ~
(516) 751-7900
Thomas C. Jorling
Commissioner
Gardners Bay Estates Homeowners Assoc.
P.O.Box 342
East Marion, NY 11939
Oct. 23, 1989
Re: Permit No.10-87-0764
Dear Permittee:
In conformance with the requirements o[ [.he State Uniform
Procedures Act (Article 70, ECL) and its implementing regulations
(6NYCRR, Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any con-
ditions, please contact us at the above address.
.Also enclosed is a permit sign which is to be conspicuously
posted at the project site and protected from the weather.
Very t:ru]y yours,
SA: rw
enclosure
Susan Ackerman
S~. Enviror~nental Analyst
DEC PERMIT NUMBER
M/A
J Article 15, Title 3; 6NYCRR 327,
328, 329: Aquatic Pesticides
J Article 15, Title 5:
N Protection of Water
J Article 15, Title 15:
__ Water Supply
Article 15, Title 15:
__ Water Transport
I Article 15, Title 15:
__ Long Island Wells
J Article 15, Title 27:
Wild, Scenic and Recreational
Rivers
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA~ON
PERMIT
Under the Environmental Conservation Law
6NYCRR 608:
Water Ouality Certification
Article 17, Titles 7, 8:
SPDES
Article 19:
Air Pollution Control*
Article 23, Title 27:
Mined Land Reclamation '
Article 24:
Freshwater Wetlands
N--New, R--Renewal, M--Modification,
C--Construct (*0nly), O--Operate (*0nly)
EFFECTIVE DATE
Oct. 23, 1989
EXPIRATION DATE(s)
Oct. 31, 1992
Article 25:
Tidal Wetlands
-- Article 27, Title 7; 6NYCRR 360:
__ Solid Waste Management*
Article 27, Title 9; 6NYCRR 373:
. Hazardous Waste Management
-- Article 34:
__ Coastal Erosion Management
-- Article 36:
__ Floodplain Management
-- Articles 1, 3, 17, 19, 27, 37;
__ 6NYCRR 380: Radiation Control
PERMIT tSSUEDTO
Gardners Bay Estates Homeowners Assoc.
ADDRESS OF PERMITTEE
P.O.Box 342, East Marion, NY 11939
Lawrence Matzon, Marine Cormnittee Chairman
Canal off Spring Pond
LOCATION OF PROJECT/FACILITY COUNTY
East Marion Suffolk
DESCRIPTION OF AUTHORIZED ACTIVITY
TOW N/C~j~'~J~.J~ UTM COORDINATFS
Southnl H
Construettnn n~c 1 1 ~ F,-.*,~- ~,,NgroAe b,_,lk~.cad with 4 f .... id= =le'v=L=d
catwalk as per N~fSDEC approved plan, attached. Dredging will occur seaward of the
catwalk to a depth of 3 feet at mean iow water.
GENERAL CONDITIONS
By acceptance ot this permit, the permittee aBrees that the permit is continBenl upon strict compli-
ance with the ECL, all applicable re~ulatlons and Ihe conditions specified herein or attached hereto.
The permittee shall file in the office of the appropriate regional permit administrator, or other office desianated in the special conditions, a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writinR of the completion of the work
The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so reqmres pursuant to ECL §71-0301 and SAPA §401(3)
The permittee has accepted expressly, by the execution of the app)ication, the full legal responsibility for ali damaRes, direct or indirect, of whatever nature, and by whomever
suffered, arising out of the project described herein and has aRreed to indemnify and save harmless the State from suits, actions, damages and costs of evew name and descrip
tion resulting from the said project
The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a haRrieR when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or
b) the permit was obtained by m~srepresentation or failure to disclose relevant facts; or
c) newly discovered intormation or siRnificant physical chartres are discovered since the permit was issued
To maintain a vaEd permit, the perminee must submit a renewal application, includinR any forms, fees or supplemental information, which may be required b~ the
Department, et least ~O days prior to the expiration date of the existinR permit (18~ days prior for: State pollution discharge elimination system permits (SPDES). Solid
waste management facilities permits (SWMF), or Hazardous waste manaRement facilities permits (HWMF)).'
This permit shall not be construed as conveying to the applicant any riRht to trespass upon the lands or interfere with the riparian rights of others in order to perform the
Oct. 23, 1989 ' Christine J. Costououln~ s'rAr~' u~iVEaSIT¥ or' ~
AUTHORIZED SIGNATURE ~'~"~"")~--k..~ J . ~.~'~.,~ ~ - --- ~ :" .... J' - Pagelof 4
9S-20-6~ (1186)-- 2Sc
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 {Title $), 24, 2S, 34, 36 and 6 NYCRR Part 60~ (
10. That if future operations by the State of New York recluire an al-
teration in the position of the structure or work herein authorized, or
if, in the opinion of the Department of Environmental Conservation 14.
it shall cause unreasoneb[e obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or welfare of
the people of the State. or cause loss or destruction of the natural
msourcex of the State, the owne~ may be ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused 15.
thereby without expense to the State. and if, u~on the expiration or
revocation of this permit, the structure, fill, excavation, or other 16.
modification of the watercourse hereby authorized shall not be com-
pleted, the owrmrs, shall, without expense to the State, and to such
extent and in such time and manner as the Department of Environmental
Conservatio~ may recluiro, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. No claim shall be made against
the State of New York on account of any such removal or alteration. 17.
11: That the State of New York shall in no case be liable for any damage
or inju~ to the structure or work herein authorized which may be caused 18.
by or result from future operations undertaken by the State for the
conservation or improvement of navigation, or for other purposes, and
no claim or right to compensation shall accrue from any such damage.
12. Granting of this permit does not relieve the applicant of the responsi.
bility of obtaining any other permission, consent or approval from 19.
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State
Office of General Services or local government which may he required.
13. All necessmy precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or any
}
other environmentally deleterious materials associated with the
proiect.
Any material dredged in the prosecution of the work herein permitted
shall be removed evenly, without leaving lasge refuse piles, ridges across
the bed of a watemvay or floodplain or deep holes that may have a
tendency to cause damage to navigable channels or to the banks of
a watmway.
There shall be no unreasonable interference with navigation by the work
herein authorized.
If upon the expiration or revocation of this permit, the project hereby
authorized has not been completed, the applicant shall, without expense
to the State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration·
If granted under Article 36. this permit does not signify in any way
that the project will be free from flooding.
If granted under 6 NYCRR Part 608. the NYS Depefa~ent of Environ-
mental Conservation hereby certifies that the subject project will not
contravene effluent limitations or bther limitations or standards under
Sections 301. 302, 303, 306 and 307 of the Clean Water Act of 1977
(PI 95-217) provided that all of the conditions listed heroin are met.
All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as part
of the permit application.
Such approved ~lans were p~Ll~r°v~d I~SDEC
.nnEa.~ I ~' ? on O,-.t- 9R. 1989
DEC PERMIT NUMBER
10-87-0764
PROGRA/VYFACI UTY NU/~B~ R
SPECIAL CONDITIONS
i. The subgrade bulkhead and catwalk with support pilings ~ust be fully constructed
before.dredging takes place.
2. Spoil site and crane location must be at least 35 feet from the subgrad~ bulkhead.
3 All necessary precautions shall be ~aken to prevent contamination of the tidal
wetlands and or waters of New York by silt, sediment, fuels, solvent, lubricants,
'work.ep°xy coatings, concrete, leachate and any other pollutant associated with project
4. Any debris or excess material from construction of t~is project shall be completely
removed from the a~Jacent area (upland) and removed to an appzoved upland area
~isposal. No debris is permitted in tidal wetlands.
5. The storage of. construction equipment and materials shall be conft~ed to within the
project work site on!work b~rge or upland a~eas greater than 25 feet landward of
tidal Wetland boundary.
6. Ail dredged material shall be disposed on an upland site and be suitably retained so
as to not reenter any water body er tidal wetland area.
7. During the dredging operation, the permittee and his Contractor shall make every
effort to restrict spillage of sediment during excavation and haulage. Dredging
shall be accomplished with a clam shell or other closed "bucket" equipment.
8. Excavated sediments shall be placed directly into the'disposal site or conveyance
vehicle, ~o sidecasting (double dipping) or tempoary storage of dredge material is
authorized,
9. Apositinnedfilter fabric, at curtain weighted across the bottom and suspended On floats shall be
brid~e rem~tn:t~t;~a~:f;~t~O~r:~Ci~g ~:edging. The curtain shall
· g g occurtng and remain in
' * ' [ Page, 2 of
95-20-6f [?/87)--25e NEW YORK STATE DEPARTMENT OF ENVIRONMENTAl. CONSERVATION
SPECIAL CONDITIONS (continued)
For Articles 15, 25 & r Protection oF watmrR. T~dal
6NYCRR 608 Water Quality Certification
I0. There shall be no disturbance to vegetated tidal wetlands as a result of the
permitted activity.
I1. Dredging is specifically prohibited from June 1 through September 30 each year
to protect spawning shellfish.
12.
Bulkhead constructed directly adjacent to vegetated tidal wetland shall be
Jetted in with minimal disturbance to the tidal wetland. Treching is strictly
prohibited.
Supplementary Special Conditions (A) through (J) attached.
DEC PERMIT NUMBER
10-87-0764
FACILITY ID NUMBER I PROGRAM NUMBER I
N/A Page 3 of L
Date:
Region No.:
Applicant: ~.C~ t-~., ~'~ !
Amount: $
Application Identification No.:
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
UNIFORM PROCEDURES ACT
Receipt No.U ~t
Office: DRA - Stony Brook
Permit Type: -~"~.~ ~ ~' L~ (~.
Check '~/' Money Order []
Check or M.O. No.:
32-14-13 (9/77)
Robert A. Greene
OEPARTMENT REPRESENTATIVE
Reg. Permit Admin.
TITLE
NEW YORK STATE DEPARTMENT OF* ENVIRONMENTAL CONSERVATION
UNIFORM PROCEDURES ACT
Office:
Date:
Receipt No.U
4741''n
.Otj
Region No.:
App, icant:
Amount: $
Application Identification No.:
Permit Type: '"/'" (~ ,
DRA - StoRy Brook
/0 - ~7- 0'7/~ y/
Check J~/ Money Order []
Check or M.O. No.: ~
32-14-13 (9/77)
Robert A. Greene
DEPARTMENT REPRESENTATIVE
Reg. Pemtt Admtn.
TITLE
GARDINERS BAY ESTATES
EAST MATION, N.Y.
ATTN. MR. LAWRENOE MATZEN
SUPPLEMENTARY SPECIAL CONDITIONS
The following conditions apply to all permits:
A. If any of the permit conditions are unclear,the permittee shall con-
tact the Division of Regulatory Affairs at the address and telephone
noted below.
A copy of this permit with supplementary conditions and approved
plans shall be available at the project site whenever authorized
work is in progress.
The permit sign enclosed with the permit or a copy of letter of
approval shall be protected from the weather and posted in a con-
spicuous location at the work site until completion of authorized work.
D. At least 48 hours prior to commencement of the project, the permittee
shall complete and return the top portion of the enclosed receipt form
certifying that he is fully aware of and understands all provisions and
conditions of this permit. Within one week of completion of the
permitted work, the bottom portion of that form shall also be com-
pleted and'returned.
E. For projects involving activities to'be accomplished over a period of
more than one year, the permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to the commencement
of resumption of work each year.
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by
the Regional Permit Administrator'prior to undertaking any such modi-
· fications. The permittee is advised that substantial modification
may require submission of a new application for permit.
G. All necessary precautions shall be taken to preclude contamination of
any wetlands or waterway by suspended solids, sediment, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or
any other environmentally deleterious materials associated with the
project work.
H. Any failure to comply precisely with all of the terms and conditions
of this permit, unless authorized in writing, shall be treated as a
violation of the Environmental Conservation Law.
I. The permittee is advise~ to obtain any permits or approvals that may
be required from the U.S. Department of Army Corps of Engineers, NY
District, 26 Federal Plaza, N~w York, NY 10278, (Attention: Regulatory
Functions Branch), prior to commencement of work authorized herein.
J. The granting of this permit does not relieve the permittee of the
responsibility of obtaining a grant, easement, or other necessary
approval from the Division of Land Utilization, Office of General
Services, Tower Building, Empire State Plaza, Albany, NY 12242, which
may be required for any encroachment upon State-owned lands underwater.
of
Regional Permit Administrat6r
NYS Dept. of Environmental Conservation
Bldg. 40, SUNY-Room 219
Stony Brook, NY 11794
(516) 751-7900
95-20~1
New York State
Department of Environmental Conservation
NOTICE
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental' Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Permit Number~~~_ ~_~
Expiration Date
Regional Permit Administrator
NOTE: This notice is NOT a permit
Of ~0
_ ..............
~TI~L
/~ SCALE: 1'=50'
/ ~ ' GA~DINERS eAY ESTATES HOME OWNERS'ASSOCIATION' '.'
LETTER
Pfloew 731*f~L06
Date 2/25/93
To
Town of Southold
Zoning Board of Appeals
53095 Main Rd,
P.O. Box 1179
Southold, New York 11971
Att: Mt.Gerard P. Goehrin9er-Chairman
I most assuredly will want to be present
Subject Case #4156
Gardiner's fay
Association
for the additional
Homeowner'~
hear~ing
on the above case. Unfortunately, I will be in Arizona Apr.il ~1~.
Should your calendar requirements fall within those dates for the
above case I would appreciate a rescheduling prior to or after those
dates so I may attend.
Thanking you in
advance.
[] Please reply [] No reply necessary
SIGNED
PROFESSIONAL QUALIFICATIONS
Warren A.Sambach Jr. Registered Architect
11 Halter Lane
Levittown, NY 11756
(516)731-5506
Registered Architect:
New York
Florid~
Arizona
State License # 16176
License # 12681
License # 21847
Presents Zoning Testimony at:
Town of Hempstead Board of Zoning Appeals
Town of North Hempstead Board of Zoning Appeals
Town of Oyster Bay Board of Zoning Appeals
Village of Malvern Board of Zoning Appeals
Village of Rockville Center Board .Df Zoning Appeals
Village of Farmingdale Board of Zoning Appeals
Member American Institute of Architects Long Island Chapter
Member American Institute of Architects New York State Branch
Member American Institute of Architects Federal Association of Architects
Arbitrator for the American Arbitration Association,
Garden City, New York
Member of the National Council of Architectural Registration Boards,
Washington, D.C.
Member of the Long Island Historical Society,
Garden City, New York
New York Institute of Technology: Bachelor's in Architecture
"Cum Laude" 1973
Personal Biographical Record listed in
Marquis "Who's Who in the East"
24th Edition
November 1992
Ellen Pihl
P.O. Box 201
East Marion,
Board of Director's
Gardiner's Bay Estates !{omeowner's Association
NY 11939
I think that any proposal of additional boats and slips
across the narrow section of Spring Pond opposit my house
and my son's boat would not be in the best interest for the
community.
Sincerely,
Ellen Pihl
9/14/91
Dorothy bongworth
P.O. Box 185
East Marion, NY 11939
TO: Board of Directors
Bardiner's Bay Estates
I think that any proposal for additional floats and boats at the
right of way adjoining my property will further congest an already
very tight area. If and when I put my float back in my son and
daughter will have very tight maneuvering space for the boat in
and across the present moorings of Mr. Los~ar and the club's guest
mooring of Mr. Clark's.
'Any relocation of these moorings without due consideration of my
float will be deleterious to me. Any piers and floats located
closer to mine will also have the same affect.
Sincerely,
Dorothy Longworth
9/15/91
Ry. Henry Ressmeyer
P.O. Box 283
East Marion, NY 11939
9/~/9!
TO: Board of Director's
Gardiuer's Bay Estates Home Owner's Association, Inc.
It has been brought to my attention that there might be some
readjusting of moorings because of a proposed 4-6 slip float
on the Dogwood right of way.
I am not in favor of this proposal as it would probabl~
effect my mooring and my maneuverability around my mooring.
I am not iu favor of a relocation of my mooring eithe£. ~
I am quite content at my present mooring location and would
not want it moved.
I ~lso prefer to be on a mooring and would not want a slip since
the moorimg af'fords me a little more protection from people
entering or playing in and around the boats.
I would appreciate being kept informed of any changes that
would effect my present mooring location.
Sincerely,
1992 -1993
GARDINERS BAY ESTATES HOME OWNERS ASSOCIATION, INC.
OFFICERS
Presidenti
1st V.P.
2nd V.P.
Secretary:
Treasurer:
Edward Birdie
Warren A. Sambach,
Steve Vesey
B. Doris Matzen
George Matsich
Sr.
BOARD OF DIRECTORS
1993
Sylvia Kapuler
James Mark
Ralph Martin
Larry Matzen
1994
Jack Genader
Andrew Fanazzi
Gladys Milne
Howard Reich
1995
Doris Spahr
James Fischer
Peter Manning
George Clark
Town of Southold Zoning Board of Appeals
Oerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehrlnger:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
! am entitled to place a boat on an available mooring or dock In
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use Is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardlners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I ~have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
.ry tr~ yours,
East Mariont New York 11939
Town of Bouthold Zoning Board of Appeals
Gerard P. Goehrlnger, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Ooehringer:
I am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
B40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Bay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
! am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its uss is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEBOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I .have a boat in Spring Pond or am on a
waiting list to place a boat in Spring Pond, the availability of
slips and moorings is an incident of property ownership and GBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEBOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and I
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
V~ery truly
East Marion, New York 11939
Town of Southold Zoning Board of Appeals
Gerard P. Goehringer, Chairman
c/o Mr. Lawrence Matzen, Chairman, Marine Committee
Gardiners Bay Estates Homeowners Association
East Marion, New York 11939
Re:
Gardiners Bay Estates Homeowners Association
Application for Interpretation of Zoning Code
Of the Town of Southold
Dear Mr.Goehringer:
! am a property owner in Gardiners Bay Estates in East
Marion and a member of the Gardiners Bay Estates Homeowners
Association (GBEHOA). I am writing this letter in support of the
application of the GBEHOA for a determination of the boat code for
R40 zoning. I am writing this letter both as a member of the
homeowners association and as a property owner with an interest in
association property including the lands underlying Spring Pond.
By my ownership of property in Gardiners Hay Estates and
my membership in the Gardiners Bay Estates Homeowners Association
I am entitled to place a boat on an available mooring or dock in
Spring Pond. The land under Spring Pond is owned by the GBEHOA and
its use is managed by GBEHOA for the benefit of all members of the
association.
I support the application for additional dock slips in
Spring Pond because the community of Gardiners Bay Estates will
benefit significantly by construction of the dock and because its
construction will not cause any harm to the health, safety or
welfare of the community or of any adjacent or nearby neighbors.
Upland boat owner members of GBEHOA are not now all accommodated by
the available slips and moorings in Spring Pond and the
construction of a new dock will provide access to more association
members. Whether or not I have a boat in Spring Pond or am on a
waiting list to place a bo~t in Spring Pond, the availability of
slips and moorings is an incident of property ownership and aBEHOA
membership in our community and it adds substantial value to my
property. I believe that if the present application is not
granted, the value of my property will be decreased because the
availability of spaces for boats in Spring Pond will not be allowed
to be set by the GBEHOA at a level which is presently necessary.
The GBEHOA acts for me and for all members of the
association in regulating the use of Spring Pond for boating and !
most respectfully request that its application be granted in all
respects to permit it to continue to serve its intended purpose in
this regard.
Very truly yours,
East Mari%n, New York 11939
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
CONSTITUTION AND BY-LAWS
ARTICLE I. Name
The name of this organization is the Gardiners Bay Estates
Homeowners Association, Inc. For the purpose of brevity all
references herein to the~ Gardiners Bay Estates Homeowners
Association, Inc. are referr~4 to as the "Association".
ARTICLE II. General Purpose
The purpose of the Association shall be:
Section 1. To do and cause to be done every lawful thing
within its power for the improvement, betterment, maintenance and
preservation of the area known as Maps of Gardiners Bay Estates,
Sections Two and Three, situated at East Marion, Long Island, New
York (hereinafter referred to as the "Estates") as a well kept and
properly maintained rural community; to take all reasonable and
lawful means for the improvement and betterment of the Association;
to take all necessary and.lawful means of maintaining and enforcing
the restrictions upon the property within the Estates; to acquire
by gift, grant, purchase or other means, and to hold title to, use'
and dispose of real and personal property, including but not
limited to roads,, rights of way, beaches, bulkheads, water courses
and easements thereto for the use and benefit of the Association
and its members; and generally to acquire, use and dispose of its
property and property rights as a corporation of this kind and
character is authorized and permitted under and by virtue of the
laws of the State of New York; and to do any and all things
permitted to corporatigns of like character.
Section 2. To contract for the procurement and furnishing of
any service or commodity in which the Association may deal or for
any lawful purpose, and to collect, receive and dispose of money
and other things of value for any lawful purpose, of-the
Association including but not limited to the building and
maintenance of roads and rights of way; and decks, jetties and
bulkheads; the digging and dredging of channels and wgterways; the
maintenance and preservation of beaches.
ARTICLE III.
Membership
Section 1. Membership shall be open to those property owners
and his or her spouse in the Estates who are interested in~
promoting the objects of the Association which are to preserve the
character and beauty of the Estates, as well as to preserve the
property values by proper upkeep and maintenance of all facilities.
Section 2.
shall
One
be considered a participating property,
L
or more contiguous lots under one ownership
and
fees are paid,' and shall be entitled to one vote at Association
meetings.
Section 3. Any participating property that is owned jointly
is entitled to only one. vote at Association meetings.
.Section 4. Any participating property that is held in the
name of one spouse only may be represented by the non-owning spouse
who may, with the consent of the owning spouse, a) cast the vote
for the property at any meeting Of the Association, and b) who may
be elected a director or officer of the Association with full
voting rights.
Section 5. Any participating property that is held in the
name of one individual with no spouse may be represented by the
owner's designee who may, with the written consent oft he owner to
the Board of Directors, a) cast the vote for the property at any
meeting of the Association and b) who may be elected a director or
officer of the Association with full voting rights.
Section 6. Membership shall be terminated in the following
manner:
A. Upon the death of a member.
B. Upon the termination or other disposition of all rights,
title and interest in the participating property.
C. Upon non-payment of any dues, assessments or charges by
June 30th of the year due.
D. By written resignation.
ARTICLE IV. Dues and Special Assessments.
section 1. The annual dues for members shall be a sum to be
fixed annually by a vote of a majority of the voting members of the
Association present at the annual meeting of members. In the event
of the failure of the Association to hold its annual meeting or to
act upon dues at any such meeting, the dues applicable for the year
immediately preceding shall automatically continue.
Section 2. The. annual dues of members shall be due and
payable on January 1st of each year.
Section 3. Special 'contributions for major repairs or
maintenance over and above annual dues shall be due and payable at.
a date and in amounts to be fixed by vote of tWo-thirds or more of
the voting members present at the annual meeting or special meeting
called for such purpose, and shall be limited to amounts sufficient
to pay the cost of maintenance and repair of any roads, rights of
way, bulkheads, jetties, docks, 'beaches, bridges, channels and
waterways owned or supervised by the Association or any facilities
and equipment incidental thereto.
Section 4. In addition to the aforementioned there shall be
an annual charge made to each member who docks or moors a boat,
including power boats, sailboats and propelled rowboats in the
waters of Gardiners Bay Estates, in the amounts to be set by the
Board of Directors. Owners shall be responsible for charges for any
boats operated bytheir'tenants. Visiting boats shall pay a nightly
fee as set by the Board of Directors. No charge shall be made for
beached rowboats, sail boats% etc., under 16 feet.
Section 5. It shall be the duty of the Board of Directors to
prepare a proposed budget for the ensuing year and make copies of
such proposal available to all voting members of the Association
at least 10 days before the annual or special meeting called for
the purpose of considering the budget.
ARTICLE V. Meeting of Members.
Section 1. There shall be an annual meeting of members of the
Association to be held at such place as the Board of Directors
shall determine on a Saturday in the month of July, preferably near
the middle of the month, of each year for receiving reports of
officers, directors and committees, and for the transaction of such
other business as may come before the'meeting.
Section 2. Notice of the time, place and purpose of each
annual meeting shall be mailed or delivered by the Secretary to
each voting member at his or her last recorded address at least 10
days before the time appointed for the meeting, and such notice be
posted in the Estates.
Section 3. Special meetings of members of the Association
shall be called by the President upon the written request of 10
voting members of the A~sociation to consider a specific subject
or subjects~ Notice of the time, place and purpose of any such
special meeting shall be mailed or delivered by the Secretary to
each voting member at his or her last recorded address at least 3
days in advance, with information as to the subject or subjects to
be considered, and such notice shall be posed in the Estates.
Section 4. The President shall preside at al! meetings of
members of the Association. In the absence of the President, the
other officers shall preside in the following order: 1st Vice
President, 2nd Vice President, Treasurer, Secretary.
Section 5. Every voting member of the Association may vote
by proxy. The proxy shall be in writing and revocable at the
pleasure of the voting member executing same. Unless the duration'
of the proxy is specified it shall be invalid after 11 weeks from
the date of its execution.
Section 6. A majority of the voting members of the
Association, represented in person or by proxy, shall constitute
a quorum at any meeting of members of the Association for the
transaction o~ business. In case there is less than the required
quorum, the Chairman shall adjourn the meeting and set another date
and time for a future meeting without notice other than by
announcement at the meeting, until a quorum is present.
Section 7. The f~ve elected officers shall constitute the
Executive Committee. In the event of an emergency, when impractical
to hold a meeting of the Board of Directors, any three officers may
act for the Associationto alleviate the emergency and authorize
the necessary expenditures therefor.
~RTICLE VI. Board of Directors
Section 1. The control and management of the business,
property, affairs and funds of theAssociation shall be vested in
a Board of Directors comprised of 12 members plus the officers,
each having one vote. A director may be an officer. Four directors
shall be elected at each annual meeting to serve for a term of
three years.
Section 2. The directors shall be elected at the annual
meeting of members of the Association by a majority of the votes
cast. The directorsshall upon election immediately enter upon the
performance of their duties and shall continue in office until
their successors shall have been duly elected and shall have
qualified except that any director may resign at any time by
written resignation delivered to the President, the Secretary or
the Board of Directors. Any director who is not present for 3
consecutive Board meetings shall be considered to have vacated his
or her position. Any vacancy that may occur in the Board of
Directors may be filled by a majority vote of the remaining
directors at any meeting and any director so elected to fill a
vacancy shall hold office until the termination of the term of the
director replaced. Directors. shall receive no compensation for
their services as directors.
Section 3. The Board of Directors shall have full power and
authority to carry out the purposes of the Association and to do
everything necessary and desirable in the control and management
of the Association in accordance with its Certificate of
Incorporation and these By-Laws.
Section 4. The annual meeting of the Board of Directors for
the election of officers, shall be held, without notice,
immediately following the annual meeting of the members of the
Association.
Section 5. Meetings of the Board of Directors may be called'
by the President whenever he or she deems it necessary, but at
least once in the Spring and once in the Fall, or the Secretary
shall at the request in writing of five members of the Board issue
a call for a meeting of the Board. Five days notice shall be
required for any meeting. A majority of its members shall
constitute a quorum at any meeting.
ARTICLE VII. Procedure
Section 1. The order of business for meetings of members of
the Association and the Board of Directors, shall be as follows to
the extent applicable.''
A. Calling the roll.
B. Reading of minutes.
Reports of officers and committees.
D. Election of directors or officers.
E. Unfinished business.
F. New business.
Meetings shall be conducted pursuant to Roberts Rules of
Order, Revised and which shall govern the Association in all cases
to which they are applicable.
Section 2. The Board of Directors shall appoint a nominating
committee each year consisting of three members. The Nominating
Committee shall report to the Secretary not later than 15 days
prior to the annual meeting. Other candidates maybe nominated by
any member as directors at the annual meeting held for the purpose
of such election.
ARTICLE VIII. officers.
Section 1. The officers of the Association shall be a
President, a 1st Vice President, a 2nd Vice President, a Secretary
and a Treasurer, who shall be elected by the Board of Directors.
Officers shall receive no compensation for their services as
officers, and .they will hold office for one year to commence
immediately upon election.
Section 2. The Board of Directors may appoint such other
officers as they shall deem necessary who shall perform such duties
as from time to time may be prescribed by the Board.'
Section 3. Ail officers shall continue'in office until their
successors are elected or appointed, unless removed or suspended.
In case any office shall become vacant the Board of Directors may
designate someone to perform the duties of such office until a
successor shall be regularly appointed or elected.
Section 4. The President shall preside at all meetings of
members of the Association, and of the Board of Directors. He shall
be the chief executive officer of the Association and shall with
the Secretary or the Treasurer sign all written contracts and other
instruments usually requiring the Association Seal, on behalf of
the Association.
Section 5. In the event of the absence or disability of the
President, the 1st Vice President or 2nd Vice President shall have
and exercise all the powers and duties of the President.
Section 6. The Secretary shall give notice of all meetings
of members of the Association and of the Board of Directors and
shall keep minutes of such meetings. He or she shall be keeper of
the Seal of the Association. He 6r she may with the President sign
all written contracts and other instruments usually requiring the
Association Seal on behalf of the Association.
Section 7. The Treasurer shall collect all dues, assignments,
beach right fees, 'boat fees, mooring fees and charges and shall
have custody of all funds of the Association. He or she may with
the President, sign and execute all written contracts and other
instruments usually requiring the Association Seal on behalf of the
Association. He or she shall endorse on behalf of the Association
for collection, Checks, notes and other obligations and shall
deposit the same to the credit of the Association in such ba~k or
banks, or. depository as the Board of Directors may designate.
The Treasurer shall superitend the keeping and
have charge of all books of account and shall pay all bills and
charges of the Association and shall keep full and accurate
accounts of all monies received and paid on account of the
Association. The Treasurerts records shall be available for
inspection at reasonable times.
The Treasurer's accounts shall be audited at
least one each fiscal year by a Committee of three voting members
appointed by the President.
Section 8. Checks, drafts, money orders and other negotiable
instruments drawn on or against the funds of the Association shall
be signed by any two of the following officers: President,
Treasurer, Secretary, or one of the Vice Presidents of the
Association.
Section 9. No bond shall be required of those persons duly
authorized to receive and disburse funds of the Association.
Section 10. Each present, former and future director and
officer of the Association made or threatened to be made a party
to an action or proceeding other than one by or in the right of the
Association to procure a judgment in its favor, whether civil or
criminal, by reason of the fact that he, his testator or intestate'
was a director or officer of the Association (whether or not he
continues to be a director or officer at the time of incurring such
cost or expense) shall be indemnified by the Association against
all judgments, fines, amounts paid in settlement and reasonable
expenses therefor, including attorneys' fees actually and
necessarily incurred by him as a result of such action or
proceeding, o~ any appeal therein, if such director or officer
acted, in good faith, for a purpose which he reasonably believed
to be in the best interests of the Association, and, in criminal
actions or proceedings, in addition, had no reasonable cause to
believe that his conduct was unlawful, provided, however, that in
the event of a settlement of such action, suit or proceeding, the
costs or expenses incurred by or imposed upon such director or
officer may and shall be borne as may be determined in such
settlement. The Association shall pay in behalf ofsuch director
or officer expenses incurred, in defending a civil or criminal
action or proceeding in advance of the final disposition of such
action or proceeding upon receiptof an undertakingbyor on behalf
of such officer or director to repay such amount as, and to the
extent, required by paragraph (a)of section 725 of the not-for-
profit corporation law of New York. It is the intention of the
Association by this Section 10 to indemnify the AsSociation's
directors and officers to the fullest possible extent permitted by
New York law and this Section 10 shall not be construed in any way
as a limitation upon such indemnification as permittedbyNew York
law at present or as it may be amended in the future. The foregoing
rightof indemnification shall inure to the benefit of the heirs,
executors an administrators of any such director or officer. (Rev.
7/9/88).
ARTICLE IX. Standing Committee
Section 1. A Real Estate Committee shall be established to
approve all applications for new buildings, additions or
alterations to existing buildings, and all manner of other
structures with the purpose of maintaining the character and
appearance of the community. The Chairman or Vice Chairman shall
have the authority to give written approval and execute necessary
legal instruments in accordance with the provisions of the deed
between the Gardiners Bay Company, Inc. and the former Gardiners
Bay Estates Club, Inc. executed on July ?, 1974 recorded in Suffolk
County Clerk's office in Liber 7671, page 415, predecessor in title
to Gardiners Bay Estates Homeowners Association, Inc~
Section 2. A Marine Committee shall be established to assume
responsibility for the safe add proper utilization~of Spring Lake
Pond, the Lagoon and other waterways. It shall assign mooring and
docking facilities and supervise the collection of boat and mooring
fees. It also shall recommend to the Board of Directors necessary
dredging, bulkheading or other work necessary for maintenance or
improvement of marine facilities.
Section 3. A Road Committee shall be established to assure
the proper maintenance of the ~oads within the Estates, including
snow removal, and the safe operation of all vehicles.
Section 4. A Beach Committee shall be established to be
responsible fo the efficient operation, maintenance and cleanliness
of beach facilities, including float and swimming area lines, also
to supervise the collection of beach right fees.
Section 5. Authorizethe establishment of such other Standing
(or permanent) Committees as shall be deemed necessary by the Board
of Directors.
Section 6. The.,President of the Gardiners Bay Estates
Homeowners Association, Inc. shall be authorized to appoint
members, and fill vacancies, in all committees covered in Article
IX, with the approval of the Board of D%rectors.
ARTICLE X. Fiscal Year
Section 1. The
Homeowners Association,
31st.
fiscal year of the Gardiners Bay Estates
Inc. shall be from January let to December
ARTICLE XI. Amendments
Section 1. These By-Laws may be amended at any meeting of
the members of the Association at which a quorum of voting members
entitled to vote are present by a vote of two-thirds of the voting
me~bers present in person or by proxy, provided that written notice
of each proposed amendment shall have been given to the voting
members by the Secretary at least 10 days before the meeting called
for such purpose.
END
Z
i I
0 ID'
~CAL~. /" =/O/
ApPlicant proposes to add 4 slips to existing
dock by reconstructing existing catwalk 3'x25'
with 6 piles; elevated 4' at spartina; 3'x12'
ramp; 4'x48' float with 2 - 3'x14' fingers and
. 4 piles; using 6'x16' dock as center finger.
~: Dogwood
Catwalk
& Dock
Spring Pond,
East Marion
App~ Gardiners
Bay Estates N~me-
owners Assn.,Inc.
L. J. Matzen
iDated: 3/4/92
DOCK COhLgTP, UCT! ON ~v,s~
Applicant proposes to add 4 slips to existing
dock by reconstructing existing catwalk 3'x25'
with 6 piles; elevated 4' at spartina; 3~x12'
· ramp; 4'x48' float with 2 - 3'x14' fingers and
4 piles; using 6'x16' dock as center finger.
I
I
J
C
I~A T ~A$~iObl ~
O~ '1~r
~o_~: Dogwood
La. r/o4~ Catwalk
& Dock
spr~ng fPo~d,
East Marion
,e-,.--.---~/~t~ : ) 'Appl: Gardiners
-~'~ 1.-~o~' -~' Bay Estates Home-
owners ABS. Inc.
.I ~ Consultant:
~ ~ L.J. Matzen
'Dated: 3/4/92
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
l~je,hu~]. C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 ~4'~in Road
P.O. Box 1179
Seuthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
April 9, 1993
TO WHOM IT .MAY CONCERN:
Enclosed with this letter is a copy of the Legal Notice, as
published in the Town's official newspaper (Long Island
Traveler-Watchman, Inc. located'in Southold, NY}. The Legal
Notice outlines a generalized description of the. relief or use
requested in your application, the location of the property, and
the time, date and place of the public hearing.
Please have someone appear in your behalf at the time
specified in the event there are questions (and to prevent a
delay in finalizing your application). Your public hearing will
not start before the time allotted in the attached Legal
Notice. Additional time will, of course, be available.
If your presentation is lengthy, a draft or final written copy is
always appreciated.
In the event you wish to amend your application to include
other relief and other sections of the Code to be considered, you
must file separate application forms, obtain a new Notice of
Disapproval from the Building Inspector, and submit the
additional filing fee. You must notify our office prior to the
advertising of the present-application for the amendments. Once
the application has been advertised, a separate application would
be then be required for additional relief.
Please feel free to call our office if you have any
questions or wish to update your'file prior to the hearing date.
Yours very truly,
Linda Kowalski
Enclosure
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
l~bert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BO~ OF ~P~
TO~ OF SOU~OLD
NOTICE OF P~LIC HE~INGS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on THURSDAY, APRIL 22, 1993 commencing at the
times specified below:
1. 7:30 p.m. Appl. No. 4162 - THE INGEBORG TALLAREK TRUST.
Request for Variance to the Zoning Ordinance, Article XXIII,
Section 100-239.4A for permission'to locate an addition within
100 feet of the. L.I. Sound bluff at 905 Aquavie~ Avenue, East
Marion, NY; County Tax Map Parcel No. 1000-21-2-11. This
parcel is substandard in thim R-40 Zone District and contains a
total lot area of approximately 24,000 sq. ft.
2. 7:35 p.m. App!. No. 4'163 - RUSSELL IRELAND, JR. Request
for'variances to the Zoning Ordinance: (a) Article IIIA,
Section 100-30A.4 {100-33B-3} for permission to locate accessory
garage with a side yard setback at less than the required 10
feet; (b) Article XXIII, Section 100-239.4B for approval of a
Page 2 - Notice of rings
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
proposed new deck addition and for grandfather approval of
existing deck addition built prior to May 1985, all of which is
located within 75 feet of the bulkhead along Great Peconic Bay
and with reduced easterly side yard to less than the 20 feet,
and total side yards to less than 35 feet, as required by
Article IIIA, Section 100-30A.3. Location of Property: 5400
Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel
No. 1000-128-2-I2. This parcel contains a total.lot area of
43,402 sq. ft. and is located in the R-40 Low-Density
Residential Zone District.
3. 7:40 p.m. Appl. No. 4059 ~ JOHN SEPENOSKI, JOHN A. NOBILE
and SUSAN NOBILE. Request for Variances: (a) for approval of
access for fire and emergency vehicles over a.·private
right-of-way pursuant to New York Town Law, Section 280-A, and
(b) to the.Zoning Ordinance, Article XXIV, Section 100-244B
(Article IIIA, Section 100-30A.3) for approval and recognition
of substandard lot area and depth, as exists, in this R-40
Low-Density Residential Zone District. Location of Property:
5600 Horton Lane, Southold, NY; .County Tax Map Parcel No.
1000-54-3214.7. This parcel contains a total lot area of
approximately 33,542 sq. ft. and depth of 140.97 feet.
4. 7:45 p.m. Appl. No. 4157 - DEPOT ENTERPRISES, INC.
(Reconvened and continued from March 18, 1993).
Page 3 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of April 22, 1993
5. 7:55 p.m. Appl. No. 4156 - GAl{DINERS BAY ESTATES CLUB, INC.
(record owner as per Deed at Liber 7671 page 415)-filed by
GARDINERS BAY ESTATES PROPERTY OWNERs ASSOCIATION. {Reconvened
and continued from February 23, 1993}.
This is an Appeal based upon the February 10, 1993 Notice of
Disapproval. issued by the Building Inspector requesting an
Intepretation of Article III, Section 100-31C(3) of the Zoning
Code which provides for "...docking or mooring facilities for no
more than two (2) boats other than those owned and used by the
owner of the premises for his personal use." Applicant is
proposing to construct new dock areas with multiple boat
facilities .at the community beach of Gardiners BaY Estates.
Location of Property: Part of Private Road known as Dogwood
Lane situated along "Spring Pond,.,, an estuary of Orient
Harbor; also shown on the Map of Gardiners Bay. Estates, Section
2, filed in the Suffolk County Clerk's Office as Map No. 275,
East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater land).
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
the files or need to request more information, please call
765-1809 or visit our office.
Dated: April 9, 1993.
By ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD p. GOEERINGER
CHAIRMAN
By hinda Kowalski
Mr. Russell A. Ireland, Jr.
Route 25A
East Norwich, NY 11732-0010
Michael Hills, Esq.
Cruser & Hills
206 Roanoke Avenue
Riverhead, NY 11901
Susan Post Rogers, Esq.
Smith, Finkelstein, Lundberg,
Islet and Yakaboski
456 Griffing Avenue
Riverhead, NY 11901-0389
Depot Enterprises, Inc.
29205 Main Road
Cutchogue, NY 11935
Regi Weile, Architect
211 North Street
Greenport, NY 11944
Ingeborg Tallarek
905 Aquaview Avenue
East Marion, NY 11939
Mr. William Jacobs
550 Depot Lane
Cutchogue, NY 11935
Carmetla Borelli, Esq.
Ongioni & Borelli
218 Front Street
Greenport, NY 11944-0562
Mr. Warren A. Sambach, Sr.
255 Dogwood Lane
East Marion, NY 11939-0791
Mr. Warren Sambach
11 Halter Lane
Levittown, NY 11756
Mr. Larry Matzen
Gardiners Bay Estates
East Marion, NY 11939
APPEALS BOARD MEMBERS
Gerard R G~ehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
Present:
BO~ OF ~P~
TO~ OF SOU~OLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
February 23, 1993
(7:30 p.m. Hearing)
HON. GERARD P. GOEHRINGER,
Chairman
JAMES DINIZIO, JR.
SERGE DOYEN
ROBERT A. VILLA
RICHARD C. WI'LTON
HARVEY ARNOFF, ESQ., Town Attorney
LINDA KOWALSKI, Secretary-Clerk to Board
Board of Appeals Hearings. 41 February 23, 1993
THE CHAIRMAN: I know that everybody here is for the
last hearing. So that we can be completely attentive, it
requires us .to take exactly a two-minute recess; and I assure
you it won't be longer than that.
present as
evening.)
APPLICATION NO.
I need such a motion (seconded and carried).
(Resuming on ~he record after recess, with members
listed on title page when first convened this
4156 - GARDINERS BAY ESTATES CLUBr INC.
(record owner as per Deed at Liber 7671 page 415). Application
filed by GARDENERS BAY ESTATES PROPERTY OWNERS ASSOCIATION.
This is an appeal based upon the February 10, 1993, Notice of
Disapproval issued by the Building Inspector requesting an
Interpretation of Article III, Section.100-31~(3) of the Zoning
Code which pr6vides .for "... docking or mooring facilities for
no more than two (2) boats other than those owned and used by
the owner of the premises for his personal use." Applicant is
proposing to construct new dock areas with multiple boat
facilities at the community beach of Gardiners BaY Estates.
Location of Property: Part of Privat~ Road known as Dogwood
Lane situated along "Spring Pond,'" an estuary of Orient Harbor;
also shown on the Map of Gardiners Bay Estates, Section 2, filed
in the Suffolk County Clerk's Office as Map No. 275, East
Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater.land).
Board of Appeals Hearings 42
February 23, 1993
8:35 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have copy of the survey d~ted Janu-
ary 6, 1992, from Roderick Van Tuyl, PC, which depicts that
particular area which we are concerned with as the nature of
this interpretation, and that is the end of Dogwood Lane, and
that docking facility as it exists as I just mentioned on this
plan; and a copy of the Suffolk County Tax Map. indicating this
and surrounding properties in the area. I believe Miss Ongioni
is representing the Association?
Appearance: Ongioni and Borelli, Esqs.
MISS BORELLI:
representing the association.
THE CHAIRMAN: Okay.
MISS BORELLI:
am carmella Borelli.
(By Carmella Borelli, Esq.),
for the Applicants
Yes,' the firm of Ongioni and Borelli is
We will be making the presentation.
I would like to give you these. It is
copy of the Brief.
THE CHAIRMAN:
MISS BORELLI:
Thank you.
You're welcome. I also have graphs(?
paper-rattling like thunder) of names of trustees and officers.
I would like to run through this so that we have it on the
record and can make it clear. Just in the ~eginning, a
statement of what is involved in this particular application.
Board of Appeals Hearings
43 February 23, 1993
The applicant Gardiners Bay Home Owners Association is a
membership corporation organized in New York State. They were
incorporated in 1957 and in'1981 they elected to be a Type A
corporation under the Not-For-Profit Corporation Law. At the
same time they changed their name from Gardiners Bay Estates
Club, Inc., to Gardiners Bay Home Owners Association. The
Association owns the land in Gardiners Bay Estatgs, including
the land under the waters known as "Spring Pond" as is indicated
on the Deed dated July 7, 1974, which is attached here as
Exhibit 1. The Association has utilized some of the land it
owns to provide docking facilities for non-waterfront
home-owners in the association. Association dues and
assessments are used to pay for the construction, the
maintenance, and the upkeep of the docking facilities that are
~sed by the non-waterfront homeowners. In January '92 they
sought the necessary permits from the Board of Trustees to
construct a 3 by 16.feet catwalk, a 3 by 16 feet ramp, and a 4 .
by 24-foot float, with two 3 by 14-foot fingers which would
accommodate four boats. They also sought to move an existing
catwalk which accommodated two boats.
The matter was referred by the Board of Trustees to
the Conservation Advisory Council. TheCouncil recommended
disapproval because --and I quote-- it has a policy of one dock
with a capacity of four boats on a single piece of property.
Board of Appeals Hearings
44 February 23, 1993
The Council does not wish to see marinas developed by property
association.
There is no notation in the Town's records that the
applicant --that is the Home Owners' Association-- was asked by
either the Council or the Trustees what its present or future
intent was with regard to the docking facilities, nor is there
any evidence to substantiate the conclusion reached by the
Council.that the Association intended to deve%op a marina. On
the contrary, the files for prior applications of the
Association clearly indicate a cognizance of potential
overdevelopment and potential environmental problems and a
concern to move slowly and cautiously regarding docking
facilities.
The original application was amended to increase the
.length of the catwalk from 16 feet to 20 feet pursuant to a
recommendation from the Department of the Army. The Army
subsequently approved the application. The application to the
Board of Trustees was recently revised to comply with the
recommendations of the New York State Department of
Environmental Conservation. The amended application, however,
does not alter the total numbrer of boats to be provided. Two
pre-existing docking slips will continue in a new configuration
with four new slips that will be added. The Board of Trustees,
acting as lead agency, rendered a negative, declaration under
SEQRA, and it iS our conclusion that they apparently confirmed
Board of Appeals Hearings
45 February 23, 1993
the non-deleterious nature of the project as evidenced by the
prior approvals of both the Department of the Army'and the DEC.
This application'appears before this Board as the
result of a letter from the Board Of Trustees in March 1992
which advised the applicant that an interpretation of Section
100-31C3a was required before the Board of Trustees could
proceed.. We have been attempting since that time to obtain an
interpretation; but, as yOU probably know, Just as well as we
do, ithe wheels of government move rather slowly, and we have
only recently been successful in coming here before this Board.
We believe there are two questions presented by an
interpretation of this particular section of the Code. The
first question is: Does Section 100-31C3a limit the number of'
docking or mooring facilities that its owner can provide for the
'owner's own use-and/or the use by others? We believe the code
is quite clear on this.point. The owner of a docking facility
under the above section may dock as many boats as the owner owns
and uses, but the number allotted for non-owners is limited to
two boats in addition to those of the owner.
We believe there is a second question inherent in an
interpretation of this Code section and that is: Must title to
the unlimited number of boats allowed to an Owner be vested in
the name of the Association itself to qualify'as an owner's
boat?
Board o~ Appeals Hearings
46 February 23, 1993
We believe that the nature of a membership
corporation, the status of a corporation under New York law, and
this particular corporation, coupled with a common-sense
approach to interpreting the Code's words, must result in a
determination that title to the boats to be docked need not be
vested in the name of the Association to qualify as owner's
boats. The particular section provides, and I quote: There
shall be docking or mooring facilities for no more than two
boats other than those owned and used by the owner of the
premises for his personal use. The phrase, while admittedly
cumbersome, can be interpreted in only one manner. An owner can
provide docking facilities for no more than two boats owned and
used by someone other than the owner, but the owner retains the
ability to dock any number o~ boats owned and used by that
owner. This Board, in 1981, rendered a decision with regard to
an application for a Special Exception under a prior Code
section. The request and the section are different from the
subject application; but the words to be interpreted are the
same. This Board's decision stated that the Code "permits
boat-docking, mooring or accommodation of non-commercial boats
for no'more than two boats other than those owned and used by
'the owner of the premises for his personal use."
The question regarding the number of boats arose then,
as it does now, because of questions raised in the initial
application process before the Board of Trustees ~eg~rding
Board of Appeals Hearings
47
February 23, 1993
docking space for non-family members. This Board ultimately
found that applicant could dock no more than two boats other
than his own, We believe that the wording is abundantly clear.
The owner may dock an unlimited number of hoars, but is
restricted to a maximum of two for those owned by others.
Section 113 of the Zoning Code defines an owner as
"includes the duly authorized agent, attorney, purchaser,
devisee, fiduciary or any'other person having a vested or
contingent interest in a property." That same section defines a
home-owner's association as a community association including a
condominium association which is organized in a residential
development in which individual owners have a shared interest in
the responsibility for open spaces or facilities. By the terms
of those two definitions the applicant Homeowners' Association
comprised of ~ndividual owners has responsibility for common
facilities in which they share an interest. That shared
interest is a vested and contingent interest in real property,.
namely, the land to which the docking .facility will be
attached. The individual because of his or her membership in
the association has a contingent interrest, that is, one based
on membership-- in the Association.s vested interest in real
property that is shared with other members for which all are
responsible. Just as the members of the Association would be
required to share the cost of any assessments against the
Association, because of their responsibility for its actions,
Board of Appeals Hearings
48 February 23, 1993
they are conversely entitled to the rights of that ownership by
reason of their vested and contingent interest in real
property. To interpret the code otherwise is to appiy the
definitions in the Code differently to similarly situated
persons and render unequal treatment. For example, if four
people bought property in a partnership name, utilizing the
address of the property --let us say 100 Main Street
Associates-- and each owned a boat in their individual names,
would they be barred from docking because they did not qualify
as owners? Legally not. The term "corporation" is not defined
by statute in New York. However, in the early, years of this
country the United States Supreme Court defined corporation as
an artificial being, invisible, intangible and existing only in
contemplation.of law. It was thereafter described by a New York
court as a Collection of individuals united in one body. This
corDoration comDrised of homeowners is a collection of
individuals united in one' body. The members own the corporation
and the corporation existing only in contemplation of law is
merely a shell to (word in audible due to coughing on tape) the
members. In conclusion, I would like to tell you that the
Association owns the land to which the docking facility is to be
constructed. The Association is comprised of its members who
are in turn the owners of the Association. Membership creates a
vested.interest in the land which the Association owns, thus
qualifying the members as owners under the Code's definition of
Board of Appeals Hearings
49
February 23, 1993
the term. As owners they are entitled to an unlimited number of
boats at a' given facility attached to land they own and are not
limited to the two boats of 'non-owners. The four new boat slips
to be provided are well within'their limits, especially in view
of the approval of other agencies who do not see the facility or
the number of boats as burdensome on the environment or
esthetically unpleasing to the eye.
I have nothing left to say except to answer your
questions, and to tell you that we have a lot of members of the
Association here in support, including some officials and
officers who can answer questions, and I make one request.
THE CHAIRMAN: I make one request to you, but go ahead.
MISS BORELLI: My request is that I be afforded
rebuttal time if anyone comes up to oppose. And the other is,
~s'that the arguments if any occur in opposition, be limited to
the question that is presented, which is an interpretation of
this section of the code and not the feasibility of the docking
facility and what the Board of Trustees really has to rule on.
Only the interpretation of the Code.
THE CHAIRMAN: Well, that is a problem sometimes'
because people don't really limit'their discussions upon that;
and, of course as you know, this probably will go farther after
the interpretation. All right? But I have to'ask you, and I
was remiss in doing so, to ask you to raise your right hand and
tell me that everything you said was to the best of your
Board of Appeals Hearings
50 February 23, 1993
knowledge,
the best of your knowledge --and would you
please?
please.
because
and all the questions that I am going to ask you,
swear to that
MISS BORELLI: I certainly will.
THE CHAIRMAN: And state your name for the record
to
is reading, all right; and that becomes a problem, and I have
been guilty of that all the way down the line. But you have to
explain to me first, what is presently there prior to this
application that is before us for an lntrpretation; and,
s~condly, I just want to mention for the record, that the --in
reading the Legal Notice, you were not successful in getting a
disapproval until February 10, 1993. Okay, so the application
is before us here subsequent to that. So this is new to us,
meaning here. I didn't get any wind that this was ever going on
before any zoning application or anything of that nature, until
February 10th when the disapproval was made, okay. But would
you explain to me what exists in'Gardiner's Bay in Spring Pond
that belongs to the Association prior to this application, in
reference to docks.
MISS BORELLI: Are you talking about this particular
facility? Or are you talking about--
MISS BORELLI: Carmella Borelli.
THE CHAIRMAN: Ail right. You have to excuse me
I have a tendency at times not to zero in when a person
Board of Appeals Hearings
51
February 23, 1993
THE CHAIRMAN (interposing): Well, when we went down
to look there, we saw a couple floating docks, okay. 'What are
they hooked to? How many boats were there? What occurred?
MISS BORELLI: I think in this particular spot at the
foot of this particular street, there is a catwalk, a floating
dock that accommodates two boats?
APPARENTLY MR. MATZEN: There are two private member
floating docks.
THE CHAIRMAN: Those docks belong to members?
MR. MATZEN: Yes.
THE CHAIRMAN: Okay, that is not an Association dock.
But it is sanctioned by the Association?
MR. MATZEN: We lease them $50 a year to each of those
members to have to use our right-of-way land.
THE CHAIRMAN: Could I just have your name for the
record, sir?
PRIOR SPEAKER: · Lawrence Matzen, Chairman of the
Marine Committee.
THE CHAIRMAN: Right. Thank you, sir.
THE CLERK: How many boats were there? I didn't catch
that. 'On the two dock facilities.
THE CHAIRMAN: There were four boats.
THE CLERK: Total of four on both, okay.
THE CHAIRMAN: Total of four on both?
Board of Appeals Hearings
52
February 23, 1993
MR. MATZEN: Years ago we had four docks there. Two
were misused, rotted out. Nobody used them. Now we need room
for more.
THE CLERK: Two on each of them, two on the catwalk
and two on the floating dock?
MR. MATZEN= They only take two each.
THE CLERK: Okay, thank you.
THE CHAIRMAN: Now when you refer to the catwalk, you
are referring to the dock in front of lot #120, which is the lot
to the west side of the end of Dogwood Lane?
MR. MATZEN: To the south, DiBlasi's, no, Sambachs.
THE CHAIRMAN: Okay, well, this newest redone house
that was down there, that. I think we had an application for, it
ks in front of that house. If I am riding down there, it ks on
'the righthand'side as I stand next to Spring Pond--
MR. MATZEN: .DiBlasi's house is on the right when you
drive down to the water.
THE CHAIRMAN:
the docks were.
MR. MATZEN:
That is where the catwalk and one of
There are two catwalks, and floating
docks.
side?
THE CHAIRMAN: The other catwalk ks-on the opposite
MR. MATZEN: Yes.
Board of Appeals Hearings 53
February 23, 1993
THE CHAIRMAN: Ail you are requesting at this time is
an elongation of one of these catwalks and then the finger-pier
docks that exist out on this print?
MR. MATZEN: Exactly where it stands now, to improve
the (brief phrase indistinguishable). The DEC does not
recognize that one catwalk there now. They want it taken out.
THE CHAIRMAN: The one on the opposite side. Is it
Blasi?
MR. MATZEN: No, Sambach.
THE CHAIRMAN: Ail right. Go ahead.
THE CLERK: I am confused. Are there four, or are
there two?
THE CHAIRMAN: There are two.
THE CLERK: You said there were four catwalks?
MR. MATZEN: No, two catwalks~ two floating docks that
take two boats on each.
THE CLERK: Connected?
THE CHAIRMAN: No, they are not connected.
MR. MATZEN: It is on the survey.
THE CHAIRMAN: Okay, now, going back to the situation
you just mentioned, you leased the dock to the Association
member for $50 a year?. I~ that what you said?
MR. MATZEN: Right. We leased the land to them. We
allowed them to have their docks for $50 a year, to use our
land, it is on the right-of-way.
Board of Appeals Hearings. 54 February 23, 1993
THE CHAIRMAN: I understand. So now the picture is
getting clearer, a little bit. What did you want to say, Mr.
Matzen? Did you want to add anything.to this?
MR. MATZEN: Well, I am for the interpretation, I am
for the docks. The Marine Committee started this. We need room
for extra boats. Our Board had voted on this twice, for it, a
two-to-one vote.
THE CHAIRMAN: How did people get to use these docks?
Do they approach the Association members and say that they are
looking for docking facilities, or what happens?
MR.'MATZEN: Yes, yes, if somebody needs a dock, they
ask me, where can we go?
place.
THE CHAIRMAN:
If we have room, we put them a certain
I see.. Now what about all the houses
on the west Side of. the creek that have, the pond, excuse me,
that have bulkheads and lay floating docks against those
bulkheads, the ones that have waterfront, and so on and so
forth?
MR. MATZEN:
them a floating dock.
If they need to reach water, we allow
THE CHAIRMAN: Do they have to pay anything?
MR. MATZEN: No.
THE CHAIRMAN: Because they have land adjacent to--
Board of Appeals Hearings
55
(
February 23, 1993
MR. MATZEN:
bulkheads to stop erosion into the
leave those alone, we don't charge
THE CHAIRMAN: Okay.
Because they are doing us a favor having
lake, so we consider them, to
for those.
one side.
going?
MR. MATZEN: Just on the southeast side, just on the
THE CHAIRMAN: Right.
MR. MATZEN:- Ail the rest is private.
THE cHAIRMAN: Okay.
· MR. MATZEN: They would have to keep those docks up in
good repair.
THE CHAIRMAN: So it would be everybody on the east
side then--
MR. MATZEN: No, there is bulkheads along there.
THE CHAIRMAN: Then it is down farther.
MR..MATZEN: Maybe I should explain what we have -- We
have a lagoon that goes up to the road.
THE CHAIRMAN: Right.
MR. MATZEN: Where the bridge goes over the beach.
· . THE CHAIRMAN: Right.
MR. MATZEN: Up on the north end, to the south, there
is 287 feet of dock. That is Association dock. Been there
s~nce 1978, 1979 and 1980 it was built.
THE CHAIRMAN: That is all the way around as you are
Board of Appeals Hearings
56
February 23, 1993
there,
boats.
or five
MR. MATZEN:
the new one we put in 1990.
That is Association docks.
(inaudible) that you saw.
THE CHAIRMAN: Right.
MR. MATZEN: And %hat is it.
THE CHAIRMAN:
The spring (sic, phonetic) piece you saw
That is room for 4 or 5
There is six floating docks
So how many docks does the Association
actually own or lease or whatever?
MR. MATZEN: On hard docks, we have ten;
we have four; and six on a floating.
on a catwalk
THE CHAIRMAN: So ~asically an Association member
comes before you as in need'of docking facilities--
MR. MATZEN: And we assign them according to our
by-laws if you read our bY-laws.
THE ~HAIRMAN: Now are any boats moored in Spring
Pond?
MR. MATZEN: Twelve.
THE CHAIRMAN: Twelve, okay. At the height of the
season, you would see 12 boats moored in Spring Pond?
MR. MATZEN: Yes.
THE CHAIRMAN: Okay. ' For the life of me, I can't
think of the next question; but i have one. Is there anybo'dy
else who would like to ask this'gentleman a qu'estion?
APPARENTLY MR. ARNOFF: That is 32 boats on
Association docks? Is that right?
Board of Appeals Hearings
57 February 23, 1993
moorings.
MR. MATZEN:
MR. ARNOFF:
MR. MATZEN:
just for.upkeep.
MR. ARNOFF:
Ten, fifteen, twenty --plus twelve.
Twenty plus twelve, you said -aplus
Moorings we only charge thirty dollars,
We do the repairs.
Are there additional moorings?
those 127
MR. MATZEN:
No.
Besides
And that includes all
THE CHAIRMAN: Property owners on the west side.
MR. ARNOFF: --of how many boats we actually have
this place.
MR. MATZEN: The maximum? 64.
people that own property around the lake.
Yes.
Th~n, what about after that?
We don't have any other.
What about the docks, I am trying to get
Then there would be 20 tied up to
MR. ARNOFF:
Association docks?
MR. MATZEN:
MR. ARNOFF:
MR. MATZEN:
MR. ARNOFF:
the scope--
MR. ARNOFF (or whatever member, continuing): So at
any time you would go in there, there would be Just twelve boats
moored?
MR. MATZEN: Moored, in the middle, in the water,
yes. They need a dinghy to get out to them.
Board of Appeals Hearings
58 February 23, 1993
MR. ARNOFF: Is there a limit?
MR. MATZEN: It is not filled up. We have 187 feet on
our largest ~ight-of-ways there, the end of Dogwood Lane; and
there is only those two docks there, and there is plenty of room
for more boats. I only want to put in four because that is the
need for it right now.
THE CHAIRMAN: Yes. Can I just ask you a question?
Is there in your clubhouse or wherever you all meet for an
Association--
MR. MATZEN:
THE CHAIRMAN
(Interposing) private homes.
(continuing): Private homes.
Do you
it a little
have a map of the whole thing so we could understand
bit better?
MR. MATZEN: Map No. 275. You should have that.
'think I made Copies.of it.
THE CLERK: Not showing everything.
MISS BORELLI: I have a big map. It is my only copy~
THE CLERK: It doesn't show the docking facilities.
Is that what you meant?
THE CHAIRMAN: Is this what you have a copy of?
MISS BORELLI: Same thing.
MR. MATZEN: This is all Association land. This is
private from here (indicating unintelligibly for record). This
is 187 feet at that point. These two properties are not
waterfront. These are. This is 22 feet and this iS'20. People
Board of Appeals Hearings
59 February 23, 1993
could tie up along the bulkhead, they do. (Multi-voices,
noneindividually discernable).
MR. ARNOFF (or Mr. Villa?): How much addi~ional could
you get out of what you have left after--
MR. MATZEN: Where could I put more boats --is that
what you mean?
MISS BORELLI: There are only a hundred Association
members, so-- and that number has stayed the same forever
because despite the fact that there are more parcels of land,
lots of people here own two parcels, and so forth. So the
maximum you'could have is a hundred.people, Association members;
but you still have some of that hundred, you have some that own
waterfront property, so they are not going to be using
Association docks. So they are at 64 now. The numbers.can't go
much higher'than what they are right now.
(Multi-voices undeciDherable.)
MR. MATZEN: We paid dues before the Association.
Then it was all turned over--
MISS BORELLI: 1951. They were incorporatJd in
(inaudible)~ They were members of the Association before that,
paying'to the company that owned this; this was Gardiner's BaY
Estates Company.
THE CHAIRMAN: ' Warren, can you make me a copy of this
Sometime? (apparently addressing Mr. Samba~h) Could you bring
us down one please?
Board of Appeals Hearings.
60 February 23, 1993
MR. SAMBACH:
THE CHAIRMAN:
give it back to you.
MISS BORELLI:
take mine?
THE CHAIRMAN:
Sure.
Could we just leave this here? We will
That is an original. Why don't you
So we have come to the realization now
that this finger-pier has been, the addition o5 this
finger-pier, this catwalk with the additional slips to be added
to it-- is really what is.trying the interpretation that is
before us.
MISS BORELLI: Yes.
MR. ARNOFF: It has never been brought up before?
THE CHAIRMAN: I just want to say to you that it is
not also just something that we are going to be dealing with in
this particular Association. We are going to be dealing with it
in Nassau Point right after this determination. Okay?
MR. MATZEN: I understand we have precedents on this
before because in 1990 we put in that catwalk and that is
Association land and Association dock.
THE CLERK:
MR. MATZEN:
THE CLERK:
MR. MATZEN:
Was that approved by the Town?
It wasn't'questioned on my permits then.
Was it approved by the.Trustees in 19907
Yes. All permits then~ Army, State.
THE CHAIRMAN: I Just want you to know and this is a
little overwhelming to understand all this~ and we thank you for
Board of Appeals Hearings
61
February 23, 1993
your patience. I know you probably wanted to put these things
in last summer and that you are chomping at the bit to get them
going now, and so on and so forth; but it is a littl~
overwhelming. I think the Town Attorney would like to ask two
questions. I am not sure if it is of Carmella or --
MR. ARNOFF: I think it is Carmella. I for one,
Carmella, did not agree with your conclusions that a corporation
is (phrase inaudible to tape) as big as the number of
shareholders that a corporation is a person, I understand about
the State of New York, a person has been defined as a person
that can sue.and be sued and treated in all respects as a
person. Consequently, it would appear to me that you don't have
an Association in fact (phrase indistinguishable). Application
of Gardiner's Bay Homeowners' Association, Inc.
(Multi-voices indecipherable.')
MR. ARNOFF: I am certainly not implying that. I have
known you long enough. If you had an association, perhaps the.
point might be well taken. You have a corporation. And by the
strict interpretation of our statute, it is the number of boats
owned and, if one reads the statute, as I'm sure you have and I
have many times-- it is owner-boats plus two; and the owner in
this case is the Gardiner's Bay Estates Homeowners Association,
Inc. It is not individual owners of the lots. That is, I
think,.one of the major problems of interpr~tation.
(Multi-voices indecipherable).
Board of Appeals Hearings 62 February 23, 1993
MISS BORELLI: I agree that is the problem in that
because it is a corporation, we have a problem as to whether the
individual members within the corporation can be termed owners,
and I agree with you that the law calls--
MR. ARNOFF: If I slip and fall on this property, I
can't sue each individual owner. I am going to sue the
corporation.
MISS BORELLI: Yes. Absolutely. I don't disagree
With you.
MR. ARNOFF: You can't have it both ways. You Can't
pierce the corporate veil--
MISS BORELLI: (Interposing) But --
MR. ARNOFF (continuing): --for one purpose and not
for another.
MISS BORELLI: If you follow your interpretation to
the end, it means that the association that owns this land could
never put a dock there, Could never put a boat there, could
never utilize the ability that they have under the Code.
MR. ARNOFF:. They have a dock for two boats, owner's
boat plus two.
MISS BORELLI: Plus two visits (sic).
MR. ARNOFF: .It might mean that. I didn't draft this
legislation. I had nothing to do w~th this legislation.
MISS BORELLI: I agree.
Board of Appeals Hearings
63 February 23, 1993
MR. ARNOFF: I inherited this legislation. But,
unfortunately it is the law and it is up to this Board --not up
to me and not up to you-- to interpret. I am not --and they are
going to do, thank goodness, what they feel is right, not
necessarily what your interpretation or mine is of the law,
MISS BORELLI: But if we go back, to follow what you
said before even further, if we go back and we make them now an
Association --an unincorporated Association as opposed to a
corporation--
MR. ARNOFF: If you can do that -- I don't know that
it would be by'virtue of the original covenants and
restrictions--
MiSS BORELLI: I (interposing, lnterlapping of voices
so machine gets neither).
MR. ARNOFF. (continuing) --restrictions by the Planning
Board, you could do that and (overlapping voices again
unintelligible to tape)--
MISS BORELLI: I haven't looked at them, I haven't
researched it, but if we could do that, --
MR. ARNOFF: Then you might--
MISS BORELLI (continuing): --then you are going to
have 174 plo~s as listed on that map which is-(overlapping.
voices).
MR. ARNOFF:. May or may not because then you would
have to deal with the Trustees and the DEC and everyone else,
Board of Appeals Hearings 64 February 23, 1993
who will limit you in a different way; and what you said at the
beginning in your request of Mr. Goehringer about limiting the
scope of the hearing so to speak, and his statements were
correct --This Board, it is true, has a different Jurisdiction
and makes different f:i'~:~9~ /''~ ~. ' ' than any one of those
Boards. We had that discussion with Mr. Goehringer and one of
the Trustees at a hearing under an appeal in the coastal
erosion management just last week. Each Board stands alone and
makes it's own decision within its own Jurisdi~tional limitation;
but they can't put blinders on and say these things didn't exist
and we are not going to look.
MISS BORELLI: I agree with that totally, but I don't
want to make this where we are arguing what the fingers look
like,' what the length of thecatwalk is, because that is not the
question. That is not before us. The.question here is how many
boats can you :d0Ck; . .. and are they, because they
are a corporation, entitled to put unlimited number of boats as
(one word indistinguishable), and I think that is (runs off end
of tape and no record)
MR. ARNOFF: 'You mean you didn't ask them yet?
(Interrupted by laughter.)
MR. ARNOFF: That goes back to the old Joke With one
attorney in town--
THE CHAIRMAN: Having been on the road since six
o'clock this morning (Multi-voices).
Board of Appeals Hearings
65
February 23, 1993
MR.
on this site?
MR.
Are you
ARNOFF: / .Willing to limit any future expansion
MATZEN: When and if it becomes full, yes; but the
one to determine that is the Army. Army --even though it is an
Army and not a Navy-- theirs is rights of passage in water, the
Army Corps of Engineers, and they are the ones, if there is a
complaint about the boats are too close, they will Jump right in
on you. And they came down --Six men came down because of
complaints alleged, letters by a few of our members. And they
all said there is no problem here, the dimensions are on 90 feet
across, 300 foot across on the other side of that 187 feet.
There is'more than enough room for these boats.
MISS BORELLI: If you wanted us to consider that, we
certainly could place the question before the Board of Directors
and have them discuss it and see whether --Larry, of course,
cannot make a decision-- The Board is made up of many members.--
We would certainly be amenable to place that suggestion before
the Board, to have them discuss it and see if they are willing
to put a ceiling.
THE CHAIRMAN:. When are they going to meet? When can
~hey meet? Can you do it in the wintertime?
MR. MATZEN: We are due for a meeting March 12th, and
the annual meeting will .be in July. The spring meeting is
usually around March.
Board of Appeals Hearings 66 February 23, 1993
THE CHAIRMAN: So we will Just hold this over until
the last hearing in the March meeting, and then you can give us
a decision, which would be around March 18th.
MR. MATZEN: You want to know how many boats we can
put in; is that what you are asking?
MISS BORELLI: He is asking (inaudible to tape).
THE CHAIRMAN: The other thing is, could you furnish
us with whatever you have for that 1990 catwalk that you put
in. I'd appreciate that.
THE CLERK: I couldn't find any approvals on it.. I
went down and. I made copies, and there were two applications to
have it grandfathered for docks that were built back in the
sixties; but there was nothing about a 1990 dock.
MISS BORELLI:
processed it' for me.
THE CHAIRMAN:
I ha~e it, Llnda, because Marie
Now, we will ask the question of
anybody here who may not be at the March meeting, if they would
like to speak, either pro or con concerning this interpretation,
and as'I told you before, I am --sometimes, terms,things get -
counterproductive, and I mention that to people that you are not
limiting it to the specific situation that Occurs here and so on
and so forth. The reason why I say this is a unique
application, ladies and gentlemen, is because you must
understand that most of the stuff that comes before us is
totally under the jurisdiction of the Town Trustees.' That is
Board of Appeals Hearings
67
(
February 23, 1993
underwater land and water. In this particular case we have
underwater land belonging to the Association and the water being
under the jurisdiction of the Town Trustees, meaning the tidal
water coming in and going out, okay. So --and I will be honest
with you-- I am not the most intelligent person in the world,
okay? And it takes me a little while to understand these
things, so that is the reason why I ask for your. indulgence.
All right. Who would like to speak in favor of'this? If there
are sPokespersons in the Association, we certainly would like to
have those people speak, but we don't want to limit'anybody
here. Yes, sir; just state your name for the record and you do
solemnly swear that everything--
SPEAKER (interrupting): Ralph Martin.. I work with
Larry on the marine committee.
THE CHAIRMAN: You do solemnly swear everything you
are'about to tell us is the truth, to the best of your knowledge.
MR. MARTIN: To the best of my knowledge. I have been
living down there since 1967, about 1967. At that point in time
there were very few boats in the lagoon. Why, I don't know.
Perhaps.there were older folks down there, my mother and father,
and so forth. But since then property has changed hands.
Younger people have moved in, wishing to have a place for their
boats. Because it is a waterfront community, a water-related
community, fishing, water-skiing, sailing, Just motor-boating
for the young kids. My children'grew up on the water. They
Board of Appeals Hearings-
68 February 23, 1993
learned to swim here, and I feel that because the Association
does try to provide its membership with the entities that we
have, that this should not be looked upon as a "how many boats
can you put in there?" but to try to make more members have a
place that they can keep their boats to enjoy the water. We are
not putting a marina in there. A marina to me means
money-making. We don't make any money. You have to wait on a
list to try and get a boat. One of my boats -.-I have a 36-foot
sailboat-- that is moored out in front of my house out in Orient
harbor. It Just doesn't fit in there. No way in hell it'does.
Other people'who have bought homes from peopl~ prior to them,
they have noplace to have a boat. Young people come down here,
and they would like a place to put their boat because it is a
waterfront community. There are no --right now there is no
slips available, am I correct, Larry?
MR. LARRY MATZEN: Right, there isn't, in fact, we
are over.
MR. MARTIN: We are over.
THE CHAI.RMAN: Just let me ask you a question.
Ifyou
had a storm, similar to the storm we had in December, and that
storm occurred when you had your boat moored out in the summer,
would you bring that boat into Spring Pond?
MR. 'MARTIN: No, I can't get it in.
THE CHAIRMAN: Because of the fixed keel?
Board of Appeals Hearings
69
February 23, 1993
MR. MARTIN: Yes, because of the depth. I take it to
a marina.' I have a place there I tie my boat. But the people
who move down there, they like to have a boat, and I feel that
if the Association can make a floating dock available for a boat
up to a point where there is no more room, and yet keep it
pristine, keep it looking iike a waterfront community wh~ch it
is, I don't really see any reason why that this can't be
afforded. We are not doing this on private property, we are
doing it on our own property.
THE CHAIRMAN: Right.
MR. MARTIN: We have the right to put bulkheading in
or apply board so it doesn't fill in. We apply for dredging.
We can get it dredged with no problem. This property does
belong to Gardiners Bay Estates Homeowners Association; and if
we can afford 'our members additional Pleasure during the few
summer months that we have, I really and truly can't see what
major harm there really is. Nobody lives on the boats. There
is no sewage going into the water. That is a complete change of
bylaws that is in the works now. We don't want this sort of
business. We don't want any kids sleeping on the boats
overnight. Only because (1) it is against the law to dump raw
sewage in; it has to be kept in a holding tank. We don't want
children down there sleeping on a boat because' of noise which
does bother people. Let's face it. We don't approve of --if
you want a fire on the beach, you have to ask permission. We
Board of Appeals Hearings
70
February 23, 1993
want to keep it the way it is and what for a waterfront
community -- and I don't know how many of you folks on.the Board
have a boat, whether you do or you don't-- those of you who do I
am sure enjoy it; and I can't see keeping or preventing others
who live in that small area from keeping a boat somewhere. That
is my only objection or to want to have a reversal here so that
we can do what we want to. Thank you.
THE CHAIRMAN: Thank you, sir. Anybody else? In favor?
(There was no response.)
THE'CHAIRMAN: Anybody else, against?
Sir, do you sglemnly swear that the information you are about to
give us is the truth to the best of your knowledge?
SPEAKER: Yes, sir.
THE CHAIRMAN: Stat~ your name for the record, sir.
SPEAKER: My name is Warren Sambach. I reside at 462
Bayview Drive, East Marion, New York. I am the husband of the
owner of record Lainie M.'Sambach (phonetic, no spelling
supplied record) and I am also a member of this Association, and
I am the neighbor most directly affected by this application~
am also a Registered Architect. I am registered in the State of
New York, Florida and Arizona.
THE CHAIRMAN:
MR. SAMBACH:
THE CHAIRMAN:
What lot numbers do you live on?
My lot numbers are 117 and 118.
Great. Thank you.
Board of Appeals Hearings
71 February 23, 1993
MR. SAMBACH: I would like to submit a copy of my
professional qualifications, which is one-page written typed.
THE CHAIRMAN: Thank you.
(Whereupon Sambach qualification sheet was received
and marked Opponent's Exhibit A in Evidence.)
MR. SAMBACH: I am basically against this proposal.
THE CHAIRMAN: We have to ask you to use the mike if
you don't mind. Move it right up there, whatever you have to do.
MR. SAMBACH: I am against this proposal. And I am
also against the manner in which this issue is being brought
before this Board tonight. Since the ordinance is quite clear
in the language of the meaning of Article 3, Section 100-31 C3.
I was going to read the ordinance, but we have heard it enough
tonight. I would like to present a panel of pictures which
'depict a usual summer day at this site. The first panel of
pictures is a picture taken from across Spring Pond looking at
the subject site. 'On that same panel is a picture on my
property again looking across the site out towards. Spring Pond,
and the second panel of pictures is 4 pictures at various angles.
(Whereupon panels above referred to were received as
Opponent's Exhibits A and C in'Evidence.)
MR. SAMBACH (continuing): .When the. Board has examined
those pictures, I know various Board members have been down
there in the dead of winter, which is not what those pictures
depict. It is very bleak down there right now. When those
Board of Appeals Hearings 72 February 23, 1993
pictures were taken, this past summer, and they were developed I
think in October-- You will notice from those pictures that this
site has two existing piers which we have already established,
that dock four boats. You will notice that there are two
moorings.associated with that piece of property and that are
serviced by this piece of property, that people get out to their
two boats. You will also notice from that picture that there
are five upland boats that this property accommodates, so that
at any one time on this present site, either moored, docked or
accommodated, there are eleven boats. You will also notice from
those picturgs that there is a launching ramp,, a launching area
that various members of the Association launch their boats.
Some of the tenants that rent the houses also launch their boats
there. What the ordinance says is that an owner can moor, dock
' or accommodate as many boats as the owner owns --and we have
'"' heard that enough tonight-- plus two additional. In this
-~: application I am told that the owner, the Associati~n, does own
one boat. It is that green boat that is moored at that one
'-mooring'; so if the Association does own that one boat, if the
registration says on that boat "Gardiners Bay Homeowners
Association," then according to the strict interpretation Of.the
ordinance, this Association can have as many boats as it owns,
one, plus the two.
That is a total of three for this entire site. Presently
there are ten or eleven on this area. I think that the proposed
Board of Appeals Hearings 73
February 23, 1993
additional four boats are quite excessive, notwithstanding this
issue of keeping compliance within the intent of the ordinance.
Under the laws of New York, the State of New York, specifically
the Town Law Section 267B, it is permitted action by the Board
of Appeals. It is the first section. It involves
interpretation, requirement~, decisions and determinations by
the Board of Appeals; and I will quote this section for the
record:
The Board of Appeals may reverse or affirm wholly or partly
or may modify the order, requirement, decision,
interpretation or determination appealed from and shall
make such order, requirement, decision, interpretation or
determination as in its opinion ought to have been made in
the matter by the administrative official charged with
the enforcement of such ordinance or local law. And to
that end this Board shall have all the powers of that
administrative official from whose order, requirement or
decision this appeal is taken.
What does that say? What that says is that this Board, this
Zoning Board of Appeals can interpret the Code either according
to what the Building Inspector has'said in his notice of
.disapproval to the Association's application, or.this Board, you
could find some other meaning, some other interpretation under
that particular section 100-31C3a which contains some 29 words
that are expressly clear and unequivocal.
Board of Appeals Hearings
74
February 23, 1993
If this application tonight were brought forth before
you by Mr. Jones, Mr. Jones has 180 linear feet of waterfront
property, and he wants six boats --He walks into the Building
Department, and Mr. Lessard gives him a Building Permit
Applicatio~. He fills out that application; he Just happens to
have two sets of plans with him. He fills out the application,
and Mr. Lessard says to him: "How many boats do you want?" Mr.
Jones says, "I'd like six boats in front of my house." Mr.
Lessard says, well, the ordinance says that you are the owner,
and you can have one boat, if you own it, plus two additional.
Mr. Jones saaYs, "Well, I only own one. boat." Mr. Lessard then
replies: "I can only allow you three." Mr. Jones then says to
Mr. Lessard: "'Gee, my two neighbors across the street have
always been after me for two b0a~s. My father-in-law, who lives
in the middle of town half an hour away, Would like to dock his
boat there, and my brother-in-law Just moved in up the block.
He has a boat, and his son.has a boat, my nephew. I'd like
six." Would Mr. Jones be in front of this Board tonight for an
interpretation of that section of the Code, or would he be in
here for a special use? 'And then that owner could try to
explain his circumstances and his unnecessary hardships in
trying to keep within the intent of the ordinance.
I would like to submit a copy of the Town of Southold
Conservation Advisory Council which basically says what the
applicant has said. The Council recommends disapproval because
Board of Appeals Hearings
75 February 23, 1993
it has a policy of one dock with a capacity of four boats. They
are generous. On a single piece of property this Council does
not with to see marinas developed by property associations.
(Whereupon paper of Conservation Advisory Council was
received and marked Opponent's Exhibit D in Evidence.)
MR. SAMBACH: i'believe you have that in the record,
but I will submit it anyway.
THE CHAIRMAN: Thank you.
MR. SAMBACH: I think that the addition of four boats
to this piece of property --it is already approaching, if it is
not already at marina status. That would be some 14 or 15 boats
plus the one. In addition, i would like to submit three copies
of letters of three other Association members who really are not
in favor of this application also. They are from Dorothy
'Longworth --I' won't, read it into the record-- but she is a
subject property owner{ abutting property owner on the
right-of-way; Reverend Henry Ressmeyer; and an Ellen Keating
(Phonetic, no spelling supplied record.)
THE CHAIRMAN: Thank you.
(Whereupon three letters referred to were received and
marked Opponent's Exhibits D, E and F in Evidence.)
MR. SAMBACH: In the folder, as mentioned before, you
will notice that. the Homeowners' Association does have the DEC
permit. They also have the letter of approval from the US Army
Corps of Engineers. Why? Because they have complied with all
Board of Appeals Hearings
76
February 23, 1993
the requirements of those two agencies. They have satisfied all
their particular nuances. They have satisfied everything right
down, and they were issued the permits and the letter Of
approval. Now, all of the requirements of the Town of Southold
have to be. complied with. The Town of Southold is Just not in
that process of Just rubberstamping applications through because
there were two other permits. It is not this Town's function,
nor have I'ever seen it happen. This Association or any other
applicant must comply with the Zoning Ordinance of the Town of
Southold, and tonight they have asked you to do that by
interpreting the Code. Having various members of the
Association testify before you tonight appears to me to try to
get this interpretation transformed into a use variance. This
Board really didn't need that'testimony from the Association
members to help it interpret those twenty-nine words that are
again crystal-clear. This Code applies to me; it applies to
the Association. It applies to a farmer. It applies to a
business man. It applies to a corporation. This Code applies
wherever there is zoning, regardless
The entire Town of South'old is zoned.
of who owns the propertyr-
This Code, this ordinance, protects my neighbor f'rom
It doesn't allow me to build my house to the property
line. It doesn't allow me to park six tractor-trailer trucks in
my front yard, doesn't allow me to have a used-car lot on my
side yard because I can't get in the front yard with'the trucks
Board of Appeals Hearings 77 February 23, 1993
there-- It protrects my neighbor from me. This Code, this
ordinance,· also protects me from my neighbor. If someone is not
happy with the reading of this Code, their unhappiness cannot be
cured within the obvious context of this Code by administrative
interpretation, but rather by either legislative action or an
application for a use vari~nce. Legislative action meaning
modification of the Code; use variance meaning relief from the
Code. Interpretation is not the proper vehicle for this
application tonight. A request for an interpretation is a ·
rather painfully obvious attempt to avoid an application for use
variance which~is the proper vehicle for this issue before the
Board tonight. Thank you very much for listening.
THE CHAIRMAN: Thank you. You want to ask a question?
UNIDENTIFIED SPEAKER: I would like to add -- these 18
or 12 boats you say,.are they in the area Where the proposed
dock for four are to be;
lagoon?
member,
or are they inclusive of the entire
my interpretation or for somebody'·s interpretation, the
that Mr. Sambach said were in the view of the.picture--
MR. SAMBACH: Flfteen~
· THE CHAIRMAN: Just a minute. You can't ask another
you have to ask the Board and have At come back.
SAME SPEAKER: Okay, if you would be kind enough for
12 boats
SAME SPEAKER: In the view of the picture that I guess
that he showed you -- Are those boats currently or h~ve been
Board of Appeals Hearings 78 February 23, 1993
moored where these four floating docks or where these four other
slips are?
THE CHAIRMAN: It would only make sense before we ask
that question of Mr. Sambach, if he has an interest in doing
so. To afford you time to look at the pictures, then you might
want to ask the question, okay, so why don't you do that? And
we will take a short break. Again, gentlemen, I need a motion.
(Moved, seconded and carried. Resuming.)
THE CHAIRMAN: I need a motion to reconvene, Mr. --
(Motion made, seconded and carried; reconvened with
members as listed on title page.)
THE CHAIRMAN: Could you rephrase that question,
The question was: You wanted to-- Oh, you are going to?
MISS BORELLI: The'question was asked I believe, was
how did Mr.'Sambach arrive at the number of boats that he
arrived at that were at Association moorings; and I have gone'
over the pictures, and we do not believe that he is interpreti~g
this picture or these pictures correctly, in that we believe
that one of the docks shown here is in front of Mr. Sambach's
house and has two boats that belong to him. One of the docks is
in froht of Mr. DeBlasi's house, who is another opponent, ·and'
the two boats belong to him; and that both docks are on actually
Association property. They are on their right-of-way and
perhaps that is how he is interpreting it; but they do belong to
him and the other neighbor who is in opposition; and that in the
Board of Appeals Hearings
79
February 23, 1993
picture if you take --which Mr. Matzen tells me this is
incorrect Of how you look at it from an angle-- Your perspective
is off in looking at it. There are actually only three boats
in here that are Association boats that are docked out here.
Two, two boats.
MR. SAMBACH: That is okay. I will try to clarify it
for the Board. My'pier and float have two boats. DeBlasi's
pier and float have two boats. There are two more, the
Ressmeyers and Mr. Clark's, that are right in front of his piece
of property. Then the upland boats are I believe it is Warren
Brewers, Larry'Matzen's, Warren Sambach, Sr., and the two other
rowboats are Ressmeyers.
MR. MATZEN: You are talking about dinghys.
(Multiple voices together on boats impossible to
Straighten out'and record.)
MR. SAMBACH: My boat is not in this picture.
MR. MATZEN: Your 16-foot, you don't have it there
right now, but since 1988 you had a 16-foot rowboat up on that
propertY.
pictures.
MR. SAMBACH:
MR. MATZEN:
MR. SAMBACH:
MR. MATZEN:
MR. SAMBACH:
1988.
You just got rid of it.
Last July. It is not here.
Am I telling a falsehood?
My boat is not in any of those
The only one is at my dock.
Board of Appeals Hearings 80 February 23, 1993
THE CHAIRMAN: I believe the gentleman in the pink
sweater wanted to speak? Again, sir, the information you are
about to give us is the truth to the best of your knowledge?
SPEAKER: It is.
· THE CHAIRMAN: State your name for the record please.
SPEAKER: My name is Richard DeBlasi (no spelling
supplied). My wife Judith DeBlasi and I own a piece of property
that is contiguous to the parcel that is under, question and is
shown on your map as Lot 120, 121. After the paper work and
plans or drawings were submitted by a Marine Committee to .the
Corps of. Engineers, I received a letter as a contiguous property
owner from the Department of the Army sending me a copy of the
drawings, a cross-section of the drawings, and asking me'to
within 15 days comment on the drawings and what was being
proposed. I have the letter from the Department of the Army, if
you would like.
THE CHAIRMAN: 'Sure.
(No exhibit designation given on the record.)
MR. DeBlasi: My wife in our answer to the Department
of the Army's letter was summarized in a two-minute letter which
I would like to read to you.
THE CHAIRMAN: Yes.
MR. DeBLASI: It is addressed to the Corps of
Engineers, Department of the Army, dated April 7, 1992,
Attention Mr. Hagerty, Chief, Eastern Permit Section.
¢0 ¢0
Board of Appeals Hearings
81 February 23, 1993
Thank you for your letter of March 26 advising me of the
aforementioned subject matter. While my criticisms may not come
under the Jurisdiction of the Department of the Army, I and many
other residents of the affected area in question, question the
need, the feasibility and the possible dangerous end results of
said construction. At pre~ent, marine navigation in Spring Pond
is poor due in part to the shallowness of the pond and the
minimal width of the waterway. Boaters must use extreme caution
particularly in the inside half of the pond which is the
narrowest area. This is the area in which the proposed pier and
float are to be located. The two largest in both length and
width boats in the pond must travel past this proposed area to
arrive at their respective dockage and mooring area. The
dimensions of the new constructions is such that the new floats
Will protrude ~urther into the existing waterway, thus
contributing to more navigational problems. Moored boats in the
pond have radius sWings due to the winds, tides, and length of
chain that at this point are too close for comfort. Because of
the confined area, one boat has fore-and-aft mooring to prevent
swing damage. More damage in the mooring area will propagate
the already --correction-- More dockage mooring area will
propagate the already dangerous Situation in this location.
More boats and floats in the confined area are' obviously a
dangerous navigational situation. However, one of our paramount
concerns is the ecology. If the pond were~to lose this natural
Board of Appeals Hearings
82 February 23, 1993
haven and nesting place for the very active wildlife population,
plus the abundant marine life and vegetation, and the natural
environment no longer exists. Additional boats, docks, floats,
construction, dredging and the like are detrimental to the
environment. It is Primarily for these reasons that I, my
family, and so many of our neighbors vehemently object to this
proposed construction, and I thank you for the opportunity to
air my vSews on the subject.
THE CHAIRMAN: Thank you, sir. You did have an
application before this Board for a deck on the front or back of
your house? .That is where we had met you?
MR. SAMBACH: Right. Thank you.
THE CHAIRMAN: Okay. Yes, Mr. Matzen?
MR. MATZEN: This is in answer to that letter. He
sent that to the Army and one to the Town, and one to the DEC,
and the State. I answered that letter. I am not going over
it. I went over every point in it. A thing like nesting
place. There has never been a nesting place on that area in the
history' of the place, never been a nest. I will ask, has he'
e.ver seen one? Have you ever seen a nest?
THE CHAIRMAN: He doesn't have to answer that. ~'
MR. MATZEN: I am sorry; I shouldn't have done that.
The .letter was discounted. The fact that he brought up the
danger'to navigation, the Army was concerned about that. Mr.
Hagerty and five people, the whole Eastern mid-sectiOn, from the
Board of Appeals Hearings
83 February 23, 1993
Army in New York came down and knocked down everyone of his
complaints. They laughed at him. He said at the narrowest
point --His dock is at the narrowest point, and 90 degrees at
that site, it is 90 feet across; 187 feet away on our property
it is 300 feet across; so there is no danger to navigation. Oh,
and the sailboat is purposely moored fore and aft because you
have a five-foot draft and it is the only 5-foot hole in the
lake, so we allow him to moor fore and aft; and when he said
they overlap, all the swings-- No swing overlapsin the whole
place. If one boat went against it and the wind blew another
one this way, they can't touch. Each circle is set apart. Each
circle is 100 feet swing, and each circle is set apart from
every other circle. That is why there is only ten moorings in
there. We don't want any one slip there during a storm. During
the hurricane,' not o.ne boat slipped the mooring. No boat ever
hit each other.
THE CHAIRMAN: Thank you. So, Miss Borelli, what we
are going to do here then at this point is, the Association is
going to have their annual meeting, their first preliminary
annual.meeting, and they are going to get back to us on the
issue of what the max is, all right, at our next meeting or--'
MISS BORELLI: What we would like to have them do is
meet and discuss whether they are amenable to set a max. Are we
going to close this?
THE CHAIRMAN: No.
Board of Appeals Hearings
84 February 23, 1993
MISS BORELLI: We are going to leave it open?
.THE CHAIRMAN: Leave it open.
'THE CLERK: I will re-advertise it when you. are ready.
THE'CHAIRMAN: So everybody can come back.
MEMBER VILLA: I got a question on the catwalks right
now. I thought they were Association catwalks. But this
gentleman Sanburg says he has one and the other gentleman has
one.
THE CLERK: He built them, but it is'on Association
land.
MEMBER VILLA: I have a question. We are hearing about
these catwalks, and I thought they were Association catwalks;
but this gentleman mentioned that they charged people $50 a
year, I think, for the use of them.
MR..MATZEN: Mr. DeBlasi and Mr. Sambach each had a
catwalk leading to a ramp out to floats.
MEMBER
MR. MATZEN:
MEMBER
MR. MATZEN:
of Mr. DeBlasi signing'a lease back in '78.
paying since then.
MEMBER VILLA: But they built them,
Now who owns them?
They both own them.
And they are on Association property?
Yes. AS long as I know --I have a record
I know what he was
they own them.
Board of Appeals Hearings
85 February 23, 1993
MR. MATZEN: Sambach's dock was built by Mr. Sheeby
(phonetic,. no spelling supplied record), the house owner before
that; and'DeBlasi's was, I believe, built by Martin.
MEMBER' VILLA:
those catwalks?
MR. MATZEN:
So the Association really does not own
THE CHAIRMAN: But the elongation of these catwalks
are going to be done by whom?
MR. MATZEN: The Association would take over Mr.
~ambach's spot and place his dock at the center-finger. To
accommodate him, and he would have lifetime use of it, first
refusal.
THE CHAIRMAN:
M~MBER-VILLA:
Now it is coming.
I didn"t'know who owned the lots.
(Coughing & many undecipherable voices.)
' THE CHAIRMAN: You can see, and I am trying to bring
this in, how complex it is, It is Very, very complex. And it
is only to everyone's advantage that we understand the entire
situation. It is nothing if I came down last Saturday and
looked at it and spoke to you =-I still wouldn't have an entire
picture,, and we are still building this picture now.
MISS BORELLI: Have you attended at the site to take a
look? Perhaps we can arrange to--.
THE CHAIRMAN: We were all ~here. So I think what we
should do iS. let!s digress and do it, what basically the Town
Board of Appeals Hearings
86
February 23, 1993
Attorney had suggested, and we will come back here and we will
attempt to make a decision after the hearing is closed.
MISS BORELLI: Since we are leaving the hearing open,
that means that I can put in some additional data?
THE CHAIRMAN: Yes.
MEMBER DINIZI0] Could I ask a question? I would like to
ask what you are going back for, okay? In my mind -- I
understand the, being an incorporated association or however,
and you are asking us to use some common-sense-in how this thing
has developed. What I would like, information I would like
personally, IS for the Association to consider what they feel is
their maximum in that whole scheme of things becaause
--understand what Jerry is saying-- you are trying to teach u~
what ~s going on there. It has never happened before, as far as
I can -- And if you can tell us what your limft is or what you
have in mind your limit, it certainly would help me. You know,
to determine the common-sense part of it, okay?.
MISS BORELLI: That is exactly what we are going to go
back and have brought up for discussion, and we understand that
in essence you are sitting on the horns of a dilemma here
because this is only the first of.what is going to occur, and we
understand that, and--
THE CHAIRMAN (interposing): That is'the whole issue,
whati- This is not Just Gardiner's Bay Estates Association Club
or whatever. This is Southold Town, ladie~ and gentlemen, as
Board of Appeals ~rings 87 Fe~uary 23, 1993
you see it. This is the way the Town was built; this is the way
the Town is going to continue, and you know, precedence is
precedent. It may not be as sophisticated as what we read in
the lawbooks, but it goes down in our records; and this ls the
way it is built upon. And this is the way we go.
'MR. SAMBACH?:
when you think.
MISS BORELLI:
I would just ask you to consider that
We will definitely have that under
consideration so that we can hopefully come to.something that
makes all of us, not totally happy, but somewhat happy.
THE CHAIRMAN: Good. We would like to thank
everybody's courtesy because you are very, very courteous
people, and we do appreciate that. Safe home,
you very shortly. I need a m0t%on, gentlemen,
a date.
(Moved,
and we will see'
to recess without
seconded, and carried. See Clerk's record.).
(End of 2/23/93 evening hearings typed from recording tape. jdr)
APPEALS BOARD MEMBERS
Gerard R Goehringer, C~airman
Ser~ Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
February 11, 1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Marie Ongioni, Esq.
218 Front Street
P.O. Box 562
Gr~enport, NY 11944
Re: Appl. No. - Application for Interpretation
Owner: Gardiners Bay Estates Club, Inc.
Dear Ms. Ongioni:
This letter will confirm that you have authorized our
office to file the above appeal application requesting an
interpretation based upon the Notice of Disapproval issued
yesterday afternoon by the Building Inspector.
Copies of the above application are being transmitted to
the Board Members in order that they may review the application
and personally view the area.
Also, we are attaching a copy of the Legal Notice which has
been transmitted to the official newspaper of the Town (.L.I.
Traveler-Watchman, Inc.)-for publication in the February 18,
1993 issue. As confirmed, all documents submitted with the
application are subject to review by the Board Members and
additional information may be requested once they have had an
opportunity to view the area and have read the documents
submitted for consideration.
Very truly yours,
GERARD p. GOEHRINGER ~
CHAIRMAN
NOTICE OF
P_UBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of The Town Law and the
Code of the Town of
Southold, the following mat-
ters will be held for public
hearings by the SOUTHOLD
TOWN BOARD OF AP-
PEALS at the Southold Town
Hall, 53095 Main Road,
Southold, NY 11971, on
TUESDAY, FEBRUARY 23,
1993:
9. 8:15 p.m. Appl. No. 4140-
JOHN CROKOS (Hearing
continued from 1/14/93).,
Variance to the Zoning Or-
dinance, Article XXIII, Sec-
tion 100-239.4A(1) for permis-
sion to locate structures within
100 feet of the top of the bluff
along the Long Island Sound.
Location of Property: 2110
Grandview Drive, Orient, NY;
County Tax Map Parcel No.
1000-14-2-3.11.
10. 8:20 p.m. Appl. No
4156- GARDINERS BAY
ESTATES CLUB, INC.
(record owner as per Deed at
Liber 7671 page 415). Applica-
tion filed by GARDINERS
BAY ESTATES PROPERTY
OWNERS ASSOCIATION.
This is an Appeal based upon
;the February 10, !993 Notice ~
of Disapproval idsued by the
Building Inspector requesting
an Interpretation of Articl~
111, Section 100-31C(3) of the
Zoning Code which provides
for "docking or mooring
facilities for no more than two
(2) boats other than those
owned and used by the owner
of the premises for his per-
sonal use2' Applicant is pro-
posing to construct new dock
areas with multiple boat
facilities at the community
beach of Gardiners Bay
Estates. Location of Property:
COUNTY OF SUFFOL~
ss:
STATE OF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Editor, o(' THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
bas been published in said Long Island Traveler-Watchnlan
()liCe L'~)CI'I week /
for. .......................... weeks
successively, commencing on tire .......... ?,o~.. ~ ......
day of.....~..~ ..... 19 ?.--~...
Sw()rn lc) befc~l'C me Ibis ..................... day
......... ...... ,,
Part of Private Road known as
Dogwood Lane situated along
"Spring Pond;' an estuary of
Orient Harbor; also shown on
the Map of Gardiners Bay
Estates, Section 2, file,_d in the
Suffolk County Clerk s Office
as Map No. 275, East Marion
NY; County ~ Map ID Nos.
1000-37-l-part of 23 (private
road), and part of 17 (under-
water land}.
The Board of Appeals will
'~f~aid time and place hear any
and ali persons or represen.
tatives desiring to be heard i~
the above matter. Written
comments may also be sub-
mitted prior to the conclusio:
of this hearing. For more in-
formation, please call
765-1809.
Dale& February I0, 1993
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD E GOEHRINGER
,, .'; CHAIRMAN
.,.. IX-2/18/93(4)
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk County
Cemmission Expires
,i /'-£$19
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOT'F L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
April 28, 1992
Marie Ongioni, Esq.
218 Front Street
P.O. Box 562
Greenport, NY 11944-
Attn: Ms. Carmela L. Borrelli
Re: Your Letters (to Town Attorney and myself)
Gardiners Bay Estates Homeowners Association
Dear Ms. Borrelli:
I am in receipt of your April 21, 1992 correspondence.
You may recall that when you contacted our office, you
asked for a copy of the DeLalla decision and a courtesy copy was
sent to you. In fact, I did mention at that time there is no
representation by me (or by this office) that a determination
under the previous zoning code would (or would not) be
sufficient for the Town Attorney to render his opinion.
(As you know, we do not have a written application or other
documentation for consideration by the Board of Appeals in the
subject matter.
I am forwarding a copy of this letter to the Town
Attorney's Office together with a copy of the DeLalla decision
(rendered under the previous zoning code) for their update and
response as they deem appropriate under the circumstances (and
you do have correspondence pending at this time with their
office).
Very truly yours,
CC: Harvey A. Arnoff,
Linda Kowalski
Clerk to ZBA
Town Attorney
JUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
February 11, 1993
Zoning Appeal Appl. No. 4156 - GARDINERS BAY ESTATES
HOMEOWNERS ASSOCIATION
Transmitted herewith is Zoning Appeal Appl. No. 4156 - GARDINERS BAY
ESTATES HOMEOWNERS ASSOCIATION together with the Notice of Disapproval
from the Building Department, the Application for a Building Permit, a
copy of a letter from Marie Ongionie, Attorney, a Fax Cover Sheet, a copy
of the Tax Map, a copy of a letter from Lawrence Matzen, a copy of
the Certificate of Amendment, the Affidavit of Disclosure, the Survey Map,
the NYSDEC Permit, the Short Environmental Assessment Form, a copy of
a letter from the Deparment of the Army Corps of Engineers, the Zoning
Board of Appeals' Questionnaire, the Notice to Adjacent Property Owners,
a copy of the proposed dock construction, a copy of the deed, a letter
from the Board of Town Trustees, a copy of the Certificate of Incorporation,
and a copy of Project Plan and Dock Construction.
Judith T. Terry
Southold Town Clerk
ONGIONI & BORRELLI ¢7 ? ?h 7
TEL. (515) 477-204~
FAX (510) 477-~t~
February 9, 1993
Linda Kowalski
Zoning Board of Appeals
Town of $outhold
Main Road
Southold, NY 19971
Re: Application of the Gardiner's Bay
Estates Homeowner's Association
Dear Ms. Kowalski:
I enclose the documents required by your
interpretation of Section 100-31 (C) (3) (a) of
including:
1- Application (original and two copies )
2- Deed
3- Short Environmental Assessment Form
4- Questionnaire for Filing
5- Addendum for Application
6- Nine prints of map
7- DEC Permit
Army Corps of Engineer Approval
9- SEQRA Declaration
10-
11-
12-
office for an
the Town Code
Notice to Adjacent Property Owners with Mailings and
Affidavit of Mailings
Affidavit of Disclosure for Corporation.
Filing fee in the sum of $150.00
I understand from Larry Matzen, chairperson of the
Association's Marine Committee that you have extended the filing
of these documents until tomorrow in order to have the matter heard
at the next ZBA hearing. I want to thank you for this
consideration.
If you require anyth~ng further, please let me know.
Very truly yours,
ONGIONI & BORRELLI
a~ie Ongioni
APPEALS BOARD MEMBERS
P. Oo~ring~r, Glmir~an
Serge Doyen, Jr.
James Dini~.io, Jr.
Robot A. Villa
Tol~phons (516) 765-1809
BOA~/) OF ~PPEAI~
TOWN OF SOUTHOLD
May 12, 1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Carmella Borelli, ESq.
Ongioni & Borelli
218 Front Street
Greenport, NY 11944-0562
Re: Gardiners Bay Estates Home Owner Association, Inc.
Appl. No. 4156 - Appeal for Interpretation
Dear Ms. Borrelli:
Please find enclosed a copy of the Board*s Action in the
above matter rendered at our May 11, 1993 Meeting with Findings
and Determination.
Very truly yours,
Copies of Decision to:
Building Department
Southold Town Trustees/-
Mr. Lawrence Matzen ~"
Mr. Warren Sambach, Jr.
Linda Kowalski
APPEALS BOARD MEMBERS
Gerard P. Goehri~,er, Chairm--
Ser~ Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Ri,h,~d C. Wiltnn
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Sou~hold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
DELIBERATIONS/DECISION: Appl. No. 4156:
Upon Application of GARDINERS BAY ESTATES CLUB~ INC.
(record owner as per Deed at Liber 7671 page 415) - by Lawrence
Matzen, Chairman of the Marine Committee in behalf of the
GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC.
This is an Appeal based upon the February 10, 1993 Notice
of Disapproval issued by the Building Inspector requesting an
Interpretation of Article III, Section 100-31C(3) of the Zoning
Code which provides for "...docking or mooring facilities for no
more than two (2) boats other than those owned and used by the
owner of the premises for his personal use." Applicant is
proposing to construct new dock areas withmultiple boat
facilities at the community beach of Gardiners Bay Estates.
Location of Property: Part of Private Road known as Dogwood
Lane situated along "Spring Pond," an estuary of Orient
Harbor; also shown on the Map of Gardiners Bay Estates, Section
2, 'filed in the Suffolk County Clerk's Office as Map No. 275,
East Marion, NY; County Tax Map ID Nos. 1000-37-1-part of 23
(private road), and part of 17 (underwater land). (Extensive
testimony was received and the hearing then concluded, pending
deliberations at a later time.)
WHEREAS, Application #4156 is made under the Zoning
Ordinance of the Town of Southold, Chapter 100, for an
interpretation of Article III, Section 100-31C(3-a) pertaining
to accessory uses in the residential zone districts;
WHEREAS, said application makes specific reference to
property owned by the Gardiners Bay Estates Club, Inc., now
known as the Gardiners Bay Estates Homeowners Association, Inc.,
which property is underwater land shown as "Spring Pond",
~identified on the Suffolk County Tax Maps as District 1000,
Section 37, Block 1, Lot 17, containing 6.8+- acres in total
area. Waterfront accessibility is shown in this application to
be at the end of Dogwood Lane, although other deadend streets
are shown to exist (from the end of Beach Court and Old Orchard
Lane, to the waterway of Spring Pond;
WHEREAs, members of the Board viewed the property and are
familiar with the current zoning designation of "Low-Density
R-40 Residential" and the character of this property w~ich is
f' ~age 2 ' Appl. No. 56
Matter of Gardiners Bay Estates Association,
Decision Rendered May Ii , 1993
Inc.
underwater land shown on maps for a preexisting subdivision.
known as Gardiners Bay Estates, Sections I and II;
WHEREAS, after due notice, public hearings were held by the
Board of Appeals on February 23, 1993 and April 22, 1993, and
all statements and materials submitted have been made a part of
the permanent record;
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the'record and all testimony have been carefully
considered, and the following pertinent facts noted:
1. LOT DESCRIPTION: The subject premises comprises an
area of 6.8+- acres of underwater land referred to as "Spring
Pond" at East Marion, Town of Southold, Suffolk County.
2. ACCESS TO UNDERWATER PARCEL: Accessibility to this
underwater land is shown on the maps s-h~itted under this
application to be at the end of Dogwood Lane, although other
deadend streets are shown to exist at the end of Beach Court and
also at the end of Old Orchard Lane, to Spring Pond.
3. PREEXISTING SUBDIVISION: The property in question is
shown on the Subdivision Maps of Sections I and II, Gardiners
Bay Estates at East Marion, filed in the Suffolk County Clerk's
Office on September 23, 1927. Sections I and II preexist the
enactment of zoning (1957). Approximately 40 years later,
Section Three was filed and approved on February 27, 1968 by the
Southold Town Planning Board for the creation of interior lots
%173 through %188.
4. WATERFRONT LOTS/INTERIOR LOTS: It is noted that 51
lots border directly on the waterway of Spring Pond; the
remaining 50 lots in Sections I and II are interior lots. Lot
No. 16 is shown on the filed map of Section II as "Beach for use
of lot owners." Also, the Section III subdivision Map shows 16
additional "interior lots" as approved in 1968. The total
nuraber of lots shown on the Maps of Sections I, II and III is
122 (combined waterfront and interior lots).
5. NEW YORK TOWN LAW - TIME FOR APPEAL FROM DECISION OF
ENFORCEMENT OFFICER. Effective Ju-ly 1; 1992, Town Law was
amended (codified) by adding a new Section 267-a. One of the
amendments included the filing within 60 days of an appeal based
upon the decision, order, requirement, interpretation of the
Building Inspector. The action of the Building Inspector upon
which this interpretation is requested is dated February 10,
1993, and the appeal was filed with the Clerk on February 11,
1993.
~Page 3 - Appl. No. 56
Matter of Gardiners Bay Estates Association,
Decision Rendered May /! , 1993
Inc.
6. BASIS OF APPEAL: The action taken by the Building
Inspector, upon which this appeal for an interpretation is made
is dated February 10, 1993, and reads as follows:
"...PLEASE TAKE NOTICE that your application dated
February 10, 1993 for permit to construct dock with
multiple boat facilities at Dogwood Lane, East
Marion ... is returned herewith and disapproved on
the following grounds: Article III Section 100-31C3,
Property Zoned A and owned by Subdivision Assoc.
Action required by Zoning Board of Appeals to address
proposed use not allowed in Agricultural Zone i.e.
more than two boats not owned by property owner... "
7. USE VARIANCE: It is noted that no record has been
found that makes reference to other relief; and to date, an
application for a use variance has not, filed.
8. OTHER AGENCIES: It is noted that this project is also
contingent upon compliance with other agency permits and/or
finalizing reviews under other applicable statutes now pending,
or previously issued including but not limited to the:
a) N.Y.S. Department of Environmental Conservation;
b) Department of the Army;
c) Town Trustees of the Town of Southold;
d) Planning Board of the Town of Southold, as may be
appropriate.
9. OWNER-CORPORATION: The record owner as shown on the
deed recorded at Liber 7671 page 415 was conveyed on July 7,
1974 by Gardiners Bay Co., Inc. to Gardiners Bay Estates Club,
Inc., under the laws of the State of New York. A copy of an
Amended Certificate of Incorporation changing the name of the
corporation to Gardiner's Bay Estates Home Owner Associa-
tion, Inc. (GBEROA) has been submitted as part of the record.
GBEHOA is a Not-For-Profit Corporation organized under Section
803. This Not-For-Profit Corporation is a membership
organization which requires ownership of property in speciic
areas of East Marion, presently at Gardiners Bay, before
becoming eligible and accepted as a member of the corporation.
'Page 4 - Appl. No.~56
Matter of Gardiners Bay Estates Association,
Decision Rendered May /~ , 1993
Inc.
TOWN CODE DEFINITIONS
10. PERSON OR ASSOCIATION DEFINED: Section 100-13 of the
Zoning Code categorizes association under the definition of
"person," as follows:
...PERSON: Any association, partnership,
corporation, cooperative group, trust or other
entity, as well as an individual ....
11. OWNER OF LAND DEFINED: Section 100-13 of the Zoning
Code defines owner as a "...person having vested or contingent
interest in the property in question" including a duly
authorized agent, attorney, purchaser, devisee, and fiduciary
having vested or contingent interest in the property in
question. Real property law provides for ownership as being
held individually, jointly, in common, or in corporate or
partnership form. This parcel is in corporate ownership form,
not individually, not jointly, and not in common ownership. The
corporation is the owner. The membership is not the owner. The
membership is a union forming the shareholders of the corpora-
tion.
12. RECORD OWNERSHIP TO PROPERTY IN QUESTION: The
ownership to the underwater land which is the subject of this
application is in the name of an association-corporation
referred to as the "Gardiners Bay Estates Home Owner
Association, Inc." A corporation is defined as a "person"
under the Southold Town Code. The code clearly does not provide
for separate individual stockholders or members of a corporation
to be multiple owners of the land. Stockholders of a
corporation are defined in Black's Law Dictionary as holders of
shares of stock, sharing proportionately in its net profits or
earnings or in the right to distribute assets on dissolution.
Stockholders also share rights to participate in the general
management of the company. Stockholders may be one or more
persons or sub-corporations. A corporation may exist with an
unlimited number of shareholders, with more than one
corporation, or with no shareholders. Ownership of land is
not defined as members of acorporation, nor is an owner defined
as the number of members in a corporation. Ownership of land is
clearly defined as a person, a corporation, a partnership, a
trust, or an entity as a single unit.
13. INTENT OF ACCESSORY USE AT 100-31C: It iB well-known
to Board Members that the intent of Section 100-31C is and
always has been to allow an extension of use to a particular
piece of property, accessory and incidental to the residence on
the lot, for the docking of his own boat, and providedtfurther
that title to the boat is in the same name as the owner of the
~age 5 - Appl. No. 56
Matter of Gardiners Bay Estates Association, Inc.
Decision Rendered May // , 1993
property. In addition, accessory uses would be permitted to
have up to two boats other than those of the owner of the
residential parcel. The Zoning Code does not provide for an
extension of use for interior lots (without direct frontage on a
waterway) in residential subdivisions for multiple docking
facilities. The Zoning Code also does not provide for cases
where the owner of the boat is not the same as the owner of the
land at the docking facility and waterfront property.
Interpretations are limited to clarifying and interpreting the
code, not legislating new definitions or new zoning laws.
14. TITLE OF BOAT OWNERSHIP. No information has been
furnished by the applicant to show ownership of the boats
intended for docking or mooring by the applicant-owner (GBEHOA).
ACCORDINGLY~ on motion by Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, that Section 100-31C(3-a) of the Zoning Code is
hereby clarified for the purposes of interpretation as follows:
1) For the purpose of Section 100-31C(3-a), an owner of a
parcel of land shall be an individual, a partnership,-
corporation, cooperative, or other entity, or a combination of
the above, as a single unit;
2) That for the docking, mooring or accommodation of
noncommercial boats, only those boats owned and used by the
resident-owner of the land immediately adjacent to the land
which the docking or mooring is to be located, may be allowed as
an accessory for hisown personal use, provided the waterfront
lot is held in single and separate ownership and is IMPROVED
WITH A PRINCIPAL ONE-FAMILY DWELLING OR OTHER PERMITTED
PRINCIPAL USE AS PROVIDED in Section 100-31 and Section
100-30A.2 applicable to the R-40, R-80, R-200 and A/C Zones to
which this docking must be accessory to. Additionally, up to
two other boats may be docked or moored which are not in title
to the same landowner;
3) Ail docks and moorings are subject to reviews by the
Southold Town Trustees in accordance with the rules and
regulations of the Southold Town Code.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio
and Wilton. (Absent were: Member Doyen of Fishers Island and
Member Villa.) This resolution was duly adopted.
lk
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
ADDENDUM TO APPLICATIQN
Gardiners Bay Estates Homeowners Assoc., Inc. needs to construct
additional floating boat slips for our resident property owners.
In order to comply with the ]'.~SDEC recommendations of using
one catwalk across the tidal wetlands, the applicant proposes
to replace the existing ~on-confor~-zing catwalk and build a
floating dock with two fingers using existing dock as center
finger. This project wholly meets the ~YSDEC recommendations.
Lawrence ]';atzen, Chairman ]~arine
2/3/93
Comn~ittee
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
ADD_~, J~. =C APiLICATIOii
Gardihers ~_~ay ~states Ho:neo',.,u:eru _~u~;oc., Inc. needs to construct
additional f!oatir, g boat slips for our _~eside~:t property owners.
i~ order to co.uply with the i:?SDEC ~eco~i~:~e~,.datior. s of using
one catwalk across the tidal weti&~ds~ the applica~:t proposes
to replace the existii~g no~l-co:~for:~:ii:g catwaltl alid build a
ftoatiltg dock with two fingers usi_~ existi~:g dock as center
finger. This project wholly :feets the ~YSDEC recoiu, uehdatio~.~s.
[[ariue CoL;~ittee
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would ~roduce practical difficulties or unneces-
saw HARDSHIP because
vicinity of this property and in this use district because
The hardship created is UNI(~UE and is not shared by all properties alike in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE Dl~l k~ICT because
STATE OF YORK
COUNTY OF )
Sworn to ~his ......... ~. .................................. day / ......
~AI~I~ ONGIONI
NOTARY PUI~LIC, State of N~w York
No, 24 - 4765191
February 11, 1993
Marie Ongioni, Esq.
218 Front Street
P.O. Box 562
Greenport, NY 11944
Re-
Dear Ms.
Appl. No. - Application for Interpretation
Owner: Gardiners Bay Estates Club, Inc.
Ongioni:
This letter will confirm that you have authorized our
office to file the above appeal application requesting an
interpretation based upon the Notice of Disapproval issued
yesterday afternoon by the Building Inspector.
Copies of the above application are being transmitted to
the Board Members in order that they may review the application
and personally view the area.
Also, we are attaching a copy of the Legal Notice which has
been transmitted to the official newspaper of the Town (.L.I.
Traveler-Watchman, Inc.) for publication in the February 18,
1993 issue. As confirmed, all documents submitted with the
application are subject to review by the Board Members and
additional information may be requested once they have had an
opportunity to view the area and have read the documents
submitted for consideration.
Very truly yours,
GERARD p. GOEHRINGER
CHAIRMAN
FORM
TOS, gN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated , "~=~..~ I o ~ , 19 ~
Location of Property .... ~o~ ~u~ ~ ~ ~~
House No. ''' '] ...........................................
Stree ~ Hamlet
C°untyTax Map N°' I000 Section :.~7.,.~. Block ~.-~..Lot~.~..~.
Subdivision .......... ....... Filed Map No. ......... Lot No ............ · .
is returned herewith and disapproved on the following ground~..~%'~., .~ ~.~.~7~ g ~
~. . .~. . . . . .~. . ~. . ~ ~ ~ ~ ~. .'~ .
......
.~.. .... ~ ~ ~ ..... .
'~'~'"h~a~n~ ...............
Inspector
ay 1/8o
· ' ' ' I PA~JECT Lq. NUMBE~
Appendix C
State Environmental Quality Review .,
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project SpOnsor)
1. APPUCANTISPONSORGardJ. Iler,..~ ~ay E~tates I 2. PROJECT NAME ~,~,,W~A Lane
Homeowners Assoc.~ Inc. way float[H~ ~6~k. right of
3. PROJECT LO~TION:
Municlpallly East Marion~ Southold TOWll County guffolk
End of Dogwood Lane, near Bayview Drive, G~rdiners Bay E~ates
East Marion, NY 11939
SEQR
5. IS PROPO&t:U ACTION:
~] New E:] Exbansion ~[] Modtflcatlonlalleration - ·
6. DESCRIBE PROJECT RRIEFLY: Applicant proposes to a~ 4 s±ips tu exl~tl.s du~k
by reconstructing existing catwalk 3' x 25! with 6 piles; elevated 4'
at spartina; 3' x 12' ramp; 4' x 48' float with 2 - 3' x 14' fingers and
4 piles; usi~g 6' x 16' dock as center finger.
Initially acres UBImately acres
8. WILL PROPOSED ACTION COMPLY WITH EXlST{NG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No II No, desci'ibe briefly
'9. ~IHAT IS PRESENT LAt:O USE IN VICINITY OF PROJECT?
[] Res,eentlal [] !naustrial [] Commercial [] Agriculture [] ParkJForesUOpen space [] Othe,
o,,¢,,be: Association right of way and private recreational boat
docking and boat launching.
to. ODES ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING. NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENIAL AGENCY (FEDER~
STATE OR LOCAL)?
~ Yes ~ No II ye~. list agency(s) and permit/approvals
7o~n of Soutnold, US. arm CDr s of Engineers Permit '~19920111,
Y P
NYSDEC Permit :~1-4738-00462/00001-0; SEQRA Negative Decimation 5'/~2/92
~-2. AS A RESULT .OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes [] NO '
t CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Abblicantlsboflsor name: Lawrence J. ~.!atzen--- ' re,e: 2/3/93
,~rgnalu,e: _:' ~~::-:.':
If the GCtiO. iS in th~ COOS~OI A~, and 7ou ar~ ~ stu~ ag~.cy,
Co.stol Asses~men~ ~orm bufore proceeding with this
OVER
1
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of %he owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.}
~ardlners Bay EStates Homeowner's Association
B. Is the suDject premises listed on the real estate market for
sale- or being shown to prospective buyers? { } Yes
{ x} No. (~f ~es, 1~ a~e=-h c~y of "condit_~- of sale.)
C. Are therezan7 l~_.-opcsals tD ~nge ~r alter lan~ uun~cu=~?
{ } Yes {W} No
D. 1. Are there any areas which contain wetland grasses? Yes
2. Are the wetland areas shown on the map submitted with
this application? Y~s
3. Is the property bul~d between the wetlands area and
the upland building area? No
4. ' If your property contains w~tlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? Yes
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~No (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fe~cas
which e~t ~nd are not =hown ~n th~ survey map that you arm
submitting? No If none exist, please state "none."
· G. Do you have any construction taking place at this time
concerning your premises? No If yes, please submit.a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? Yes If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel ~aunching and Docking
proposed use D.~e~ng and
Authorized Signau~ ~6U ~e
3/87, 10/901k
1-4738-004.62/0000 ~-0
FACIUTY PROCRAM NUMBER(s)
PERMIT
Under the Environmental Conservalion Law (ECL}
F FFECTIVE DATE
Nov. 17, 1992
Nov. 30, ]994
TYPE OF PERMIT (Check All Applicable Boxes)
[~] Modific&lion
Article 15, Title 5: ~ Article 17, Titles 7, 8:
Protection of Water I I SPOES
Article 15, Title 15:
Water Supply
Article 15, Title 15:
Water Transport
-- Article 15, Title 15;
__ Long Island Wells
Article 15, Title 27:
Wild, Scenic and Recreational
Rivers
~-"] 6NYCRR 808:
Water Quality Certification
r--.-~ Article 19:
Air Pollution Control
-- Article 23. Title 27:
__ Mined Land Reclamation
-- Article 24:
__ Freshwater Wetlands
r--~] Article 25:
Tidal Wetlands
-- Article 27, Title 7; 8NYCRR 360:
__ Solid Waste Management
r---..-] Article 27, Title g; 8NYCRR 373:
Hazardous Waste' Management
~--'~ Article 34:
Coastal Erosion Management
-- Article 36;
__ Floodplain Management
r..-..~ Articles 1, 3, 17, 19, 27, 37;
8NYCRR 380; Radiation Control
-----]Other:
PERMIT ISSUED TO
gardiners Bay Estates Homeowners Assoc., Inc.
I TELEPHOHE NUMBER
{ )
ADORESS OF PERMITTEE
P. O. Box 342, East MarioN, NY 11939
CONTACT PERSON FOR PERMITTED WORK
L. J. Ma,zen, P. O. Box 342, East Marion, NY 11939
NAME AND ADDRESS OF PROJECT/FACILITY
TELEPHONE NUMBER
( )
'I. OCATIONOE PROJECT/FACILITY End of Dogwood Lane right-of-way south of Bayview Drive,
East Marion
COUNTY TOWNJ~J'y.~Ji,.I~ I WATERCOURSE~ETLANONO. NYTMCOORDINATES
Suffolk Southold I Sprin~ Pond E.
DESCRIPTION OFAUTHORIZEOACTIVITY
Install stairs~ 3' x 25' catwalk, 3' x ]2' ramp, one 4' x 48' main float, two 3' x 14'
and one 6' x ~6' finger floats, pilings. All:,work shall be in accordance with the
attached NYSDEC approved plan.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance
with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special
DCeOndltlol~e included as part of this permit.
puty ~.e~lona.L
PERMIT A~INISTRATOR A~RESS
David DeRidder
9~-20-6f C"12~85)-- 25c
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 25 (. Tidal Wetlands )
To protect the values of the tidal wetland, a permanent
vegetated buffer zone shall be established. There
shall be no disturbance to the natural vegetation or
topography seaward of the mean high water line as shown
on the 1/6/92 survey prepared by Roderick Van Tuyl.
Dredging is prohibited during any aspect of
construction authorized by this permit.
Se
There shall be no disturbance to vegetated tidal
wetlands as a result of the permitted activity.
Floats and ramps may not rest on vegetated tidal
wetlands.
10.
Ail repairs to existing structures shall be confined to
replacement of existing structural elements with use of
old dock in new design and no change in dimensions or
materials unless specifically authorized herein.
11. No permanent structures may be built on dock without
first obtaining Department approval.
12.
Docks may not be placed so that docked boats extend
over adjacent property line, interfere with navigation,
or interfere with other landowners riparian rights~
Supplementary Special Conditions (A) thru (J) attached.
DEC ~RMIT NUMBER
1-4738-00462/00001-0
PROGRAM~ACILITY NUMBER
I Pase4 of 5
95-2o-6a (10~o)--25c
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 1S {Title S), 24, 25, 34, 36 and 6 NYCRR Part 608 (
9. That if future operations by the State of New York require an al-
teration in the position of the structure or work herein authorized, or
if, in the opinion of the Department of Environmental Conservation 13.
it shall cause unreasonable obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or welfare of
the people of the State, or cause loss or destruction of the natural
resources of the State. the owner may he ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused 14~
thereby without expense to the State, and if. upon the expiration or
revocation of this permit, the strul~ture, fill, excavation, or other 15.
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, without expense to the State, and to such
extent and in such time and manner as the Department of Environmental
Cooservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. No claim shall be made against
the 5tare of New York on account of any such removal or alteration. 16.
10. That the State of New York shall in no case be liable for any damage
or Injury to the structure or work herein authorized which may he caused 17.
by or result from future operations undertaken by the State for the
conservation or improvement of navisatlon, or for other purposes, and
no claim or right to compensation shall accrue from any such damage.
11. Grenting of this permit doas not relieve the applicant of the responsi-
bility of obtainins any other permission, consent or approval from 18.
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State
Office of General Services or local 8overnment which may he required.
12. All necessai%, precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels,
Solvents, lubricants, epoxy coatinss, paints, concrete, leachete or any
other environmentally deleterious materials associated with the
project.
Any material dredsed in the prosecution of the work herein permitted
shaft be removed evenly, without leaving large refuse piles, ridgas across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause damase to navigable channels or to the banks of
a waterway.
There shall he no unreasonable interference with navisation by the work
herein authorized.
If upon the expiration or revocation of this permit, the project hereby
authorized has not been completed, the applicant shall, without expense
to the State, and to such extent and in such'time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made asainst the State of
New York on account of any such removal or alteration.
If granted under Article 36, this permit does not signify in any way
that the project will be free from flooding.
If granted under 6 NYCRR Part 608, the NY$ Department of Eoviron-
mental Conservation hereby certifies that the subject project will not
contravene effluent limitations or other ]imi~ations or standards under
Sections 301,302, 303, 306 and 307 of the Clean Water Act of 197;'
(PL 95-2171 provided that all of the conditions listed herein are met.
All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his a~ent as part
of the permit application.
Such approved plans were prepared.byT'*-T. Mdtzent dated
e
SPECIAL CONDITIONS
Entire length of catwalk shall be elevated a minimum of
3.5 feet above grade (distance is measured from ground
to bottom of dock sheathing).
All remnants of the old dock not used during/in the new
construction shall be completely removed.
Any debris or excess material from con%truction of this
project shall be completely removed from the adjacent
area (upland) and removed to an approved upland area
for disposal. No debris is permitted in tidal
wetlands.
A row of staked hay bales or approvable erosion control
devices shall be placed 20 feet south of the edge of
pavement and extend from the retaining wall on Lot 119
to the retaining wall on Lot 120 at commencement of
regulated activities and remain in place until project
is completed and all disturbed areas stabilized with
vegetation.
The storage of construction equipment and materials
shall be confined to the area landward of the reqUired
haybale line and buffer area.
DEC PERMIT NUMBER
1-4738-00462/00001-0
PROGRAM/FACILITY NUMBER
Page__
3
Regulatory Branch
SUBJECT:
DEPARTMENT OF THE ARMY
NEW YORK DISTRI(~T. CORPS OF ENGINEER8
JA(20B K. JAVIT8 FEDERAL BUILDING
NEW YORK. N.Y. 10278-0000
December 10, 1992
Department of the Army Permit No. 19920111
Mr. Lawrence J. Matzen
Chairman, Marine Con~nittee
Gardiners Bay Estates
Homeowners Association, Inc.
P.O. Box 342
East Marion, New York 11939-0004
Dear Mr. Matzen:
We have completed our review of Application Number
92-0111-L2.
Pursuant to Section 10 of the Rivers and Harbors Act of 1899
(33 USC 403), you are hereby authorized by the Secretary of the
Army:
WORK: Replace an existing pier assembly with a 3 foot by 25 foot
fixed pier supported by 6 piles, elevated a minimum of 4 feet
above the grade of the marsh, a 3 foot by 12 foot hinged
walk-ramp, a 4 foot by 48 foot main float with one 6 foot by 16
foot and two 3 foot by 14 foot finger floats. The floats will be
secured to four pilings.
WATERWAY: Spring Pond, Gardiners Bay
L0CATION: East Marion, Town of Southhold, Suffolk County, New
York
Kindly display the enclosed notice of authorization sign at
the project site.
The activity authorized herein must be completed within
three years of the date of this permit, and is subject to the
enclosed conditions. You are required to submit to this office
the dates of commencement and completion to the authorized
activity. Enclosed please find two forms for your use in
submitting the required dates.
Notice is hereby given that the permittee should recognize
that a possibility exists that the structure permitted herein may
be subject to wave wash from passing vessels. The issuance of
this permit does not relieve the permittee from taking all proper
steps to insure the integrity of the structure permitted herein
and the safety of boats moored thereto from damage by wave wash
and the permittee shall not hold the United States liable for any
such damage.
The authorized activities must be performed in accordance
with the enclosed plans. If any material changes in the location
or plans of the subject work are found necessary, revised plans
should be submitted to the District Engineer. The~e plans must
receive the approval required by law before work begins.
in ~ehalf of ~
s A~/York .
Colonel, Corps of Engineers
Enclosures District Engineer
AFFIDAVIT OF DISCLOSURE
Barbara D. Matzen deposes and states as follows:
1. I am a resident of the Gardiners Bay Estates Homeowners
Association.
2. I am secretary of Gardiners Bay Estates Homeowners
Association, Inc, formerly known as the Gardiner's Bay Estates Club
Inc. and am authorized to provide this affidavit.
3. A Certificate of incorporation was duly filed in the New
York State Department of State on September 12, 1957, and was
amended by Certificate of Amendment on October 21, 1981.
4. The Corporation is a not for profit corporation existing
under the laws of the state of New York and was formed pursuant to
the Membership Corporation law.
5. The proposed action which is the underlying issue request
for an has been authorized by the board.
Greenport NY
February 9, 1993
MARIE ONGIONI
NOTARY PUBLIC, State of New York
No. 24 - 4765191
CERTIFICATE OF AMENDMENT
of the
CERTIFICATE OF INCORPORATION
of
GARDINER'S BAY ESTATES CLUB, INC.
Under Section 803 of the Not-For-Profit Corporation
We, the undersigned, the president and secretary
respectively of GARDINER'S BAY ESTATES CLUB, INC., hereby
certify:-
1) The name of the corporation is GARDINER'S BAY
ESTATES CLUB, INC. and it was formed pursuant to the Member-
ship Corporation Law.
2) The certificate of its incorporation was filed
in the Department of the State of the State of New York on
September 12, 1957.
tion as
N-PCL.
3) GARDINER'S BAY ESTATES CLUB, INC. is a corpora-
defined in subparagraph (a)(5) of section 102 of the
4) GARDINER'S BAY ESTATES CLUB, INC. is a Type A
corporation under section 201 of the N-PCL and shall continue
to be a Type A corporation.
5)
Certificate of Incorpor~ is amended:-
(a) To change the corporate name, Paragraph FIRST of
its Certificate is amended to now read:
"FIRST: The name of the corporation is
GARDINER'S BAY ESTATES HOME OWNER ASSOCIATION,
(b) To state the following:-
1)
The post office address to which the Secretary
of State shall mail a copy of any notice required
by law is Gardiner's Bay Estates Home Owner
Association, Inc., East Marion, New York, 11939,
2) The Secretary of State is hereby designated as
the agent upon whom process against this corp-
oration may be served and the person and
address to whom a copy of said procese ehall
be mailed by the Secretary of State is Daniel A.
Abbott, c/o Gardiner's Bay Estatee Home Owner
Association, Inc., East Marion, New York, 11939.
6) The above amendments to the Certificates of Incorporatio~
were authorized by votes of a majority of all members entitled to
vote thereon at a meeting of the members.
7) Prior to the delivery of the Certificate of Amendment
the Department of State for filing, the approval of one of the
Justices of the Supreme Court of the State of New York will be
annexed to the Certificates of Amendment.
IN
president amd
executed this
WITNESS WHEREOF the corporation above named by its
secretary have caused these presents to be
23rd day of October, 1981.
By: Barbara D. Lucht, Secretary
D. ~. Abbott, President
-2-
STATE OF NEW YORK)
COUNTY OF SUFFOLK)SS.
BARBARA D. LUCHT~ being duly sworn deposes and says:
that he is the secretary of GARDINER'S BAY ESTATES CLUB, INC.,
the corporation and one of the persons who signs the fore-
going Certificate of Amendment; that he has read the
Certificate of Amendments and knows its contents thereof,
and that the same is true to his own knowledge.
Secretary /
Barbara D. Lucht
~worn to before me this
c~J~ day of October,
1981
Notary Public
E~ANOR D. FANIZZI
IqOTAI~Y PUBUC, $~ate of New Yo~h
No. 41-9821187
C.,mt. filed In Suffolk Coumy
C.m~ml~lon Explre. s March 30,.
i, JOHN G. McCARTHY, a J.stice of the S.vreme Court
of the State of New York, Tenth Judicial District, hereby
approve the foregoing Certificate of Amendment of the
Certificate of Incorporation of GARDINER'S BAY ESTATES
CLUB, INC., and do hereby'and herein consent that the same
be filed.
CERTIFIC~I'E OF I~CORPORATION
..... ];. ,,-", .~, '] ~.. ~ t ~, . ,
seventy-four ~ .. ....
~~ GARDNERS BAY COMPANY, INC., a corporation organized
un~er:th~ ~aws of the State of New York, having its principal place of
business at 120 Rock,way ~venue, Rockville Centre, N.Y. 11570, Party
of the First Part,
~ , .. ; p~rt o/t~ first ~a~, and
GARDNERS BAY ESTATES CLUB, .INC., a me~ershipcorporation.under th~
law~ of the State of New York, having its principal place of business
at Gar~ne~ Bay' ~st~tes, East Marion, N. Y. 11939,
part, ~ eo~era~o~..,of
(~ 10.00 ~: ~ ) ~w~g m~qy o/t~g ~ited ~t~tes, and other good and
valuable 'coffsiderati6n, p~id by ~Ae p~rt y of
its successors ~ gss~gs~o~eve~ ~l~ those certain plotg, piecgs or
parcels of land, situate, lying and being at ~ast ~arion, i~ the Town
of Southold, County of~$uffolk, State of New York comprising ~1
land, rights and appurtenances conveyed to the Party of the First Part
by Deed recorded in the Suffolk County Clerk's Office in Liber 1123
cp 222, including but not limited to all the streets, roads, lanes,
drivea, circle,: courts, paths, rights of way, strips including:the.one-
foot strip of ~and bordering, the following file~ mapa on the westerly
boundary thereof, and the two-foot strip,of lan~ bordering the follow-
ing filed maps on the easterly boundary..th~rgg~;.beaches, "Beach for
Use of $ot~Owne~sI'r Fox Islan6, bulkheads, bridge, lands.lying un'er
water',;in~uding the land un~er the waters known as "Sprzng Po~d"
and its tributaries and channels, and riparian rights as show~ on the
following three filed maps::
1. Gardiner's Bay Estates Sec. 91 filed 9/23/27. 9255
2. Gardlner's B~y. Estates Sec~.$2 filed 9/23/27, $275 : -
3. Gardiner's Bay Estates Sec. $3~filed 4/24/68 ~$083~ ·
bu~ excepting ~herefrom (i) any descriptive parcels.~eretorore conveyec
'by th~ Party of the First Part out of sa~ land;.and .(2) all %he lots
as shown on the above referred to maps which exception i~e'ludes th~
following lots title t9 which is retained by the Party of the First..
Part: lots Nos. 16, 151, part of lot 153, 156 thru 160 and 167'thru
172, as~shown on Map of Sec. 92, and lot 173 as shown on Map of Sec.
$3..: ,'
The Par~ysof the'Eirst Part conveys to the Party of the Second~
P~rt ~l~of.~ts,.r~ghti title ~nd interest in Old Orchard La~e running
northerly from within the,said filed maps to the Main Road, and all
of its.right, title and interest in Cedar Lane running from the north-
westerly section of the aforesaid map known as Gardiner's Bay Estates
Sec. 92,~.running northerly then easterly and again~Dortherly to the
Main Road and lying between the land conveyed by the Party of the Fi=st
Part,to Wayland C. Brown and Bertha K..Brown, his wife, by deed recordE
in the Suffolk County Clerk's Office in Liber 2225 cp 270, and accordin
to.a survey made by Otto W. Van Tuy~, ~icensed Surveyor, .Greenport,
~.y. 12/4/41.
· The)ga~tyTof~t~e First'Part further hereby assigns, transfers and
c0nveys..to'the-.Party 0f~the..Second Part ~ny and all rights to the main-
tenance:~fees for the "Beach for Use of Lot Owngrs" (as shown on said
filed, maps) to.become .due annually from all of the lot and fee'owners
as referred to,in the reservations and covenants recited in the Deeds
from-the Party of th~ First Part to the iot and,lfee owners, or their
predecessors in title, and the right to collect the same commencing
with the year January 1, 1975.
; The. Party of ~e Fir~t~art f~rther transfers and assigns .to'.'t~e
Party of the Second P~rt-any~.~nd"all rights to and enforcement o~ al~
the covenants and restrictions running with the land, incl~ing.use an~
!uildn restrictions, as set 'forth in the Deeds tu.~helLot."andlf~'o~n
~ -or'their nredecessors in title; the Party of'the Second Part"tguDe
~tituted fo~ the. Par~y of the First Part, as set
from the' Pa~ty of th~ Fmrs~'~art to the lot and .fee owners.~or'=qelr
· . - '~,~ .~ "~:~ . ..
predeoessors,~n.t~tle.~ .- . ., ... .
Therelshall~be excepted from this conveyance-by, the ~artYi0f
First Part to. the Part~ of the Second Part.the...following: . .
1. 'The Party.'of the F~rst Part shall retain tit~e to the..~wo~f09~ st~:
bordering Lot 1 on the east from the mean high water mark to a'poin~
wh~re the northerly line of Oak Court extended eastward, m~ets the
easterly line of said strip. ' ''
2. The, Party of the First Part shall retain title td Beach Court from
the bDundary line between lots 155, 156 extended southerly to the
westerly end of Beach ~ourt.
3. The Party of the F~rst Part shall retain title to Cedar ~ne from
t~ boundary between lots 150, 151 extended wg.s%erly to the southerly
end of Cedar Lane.
4. The. Party of the First Part reserves the right to cut a road runniI
easterly thru lots 151, 153 from Cedar Lane to Pine Place.
The f011owihg conditions pertain to the conveyance:
5. The lots on filed Map of Gardiner's Bay Estates Sec. 92 and 93 whic
are presently owned bY the Party of the First Part shall be exempt'fro~
payment of the annual fee of $5.00'for "Beach for Use of Lot Owners" sc
long as. title thereto remains in the Party of the First Part, and said
lots ~ball'retain all the rights and privileges of the 'lots heretofore
conveyed,. ~ ¢
6. "Lots i, 2.~ 3,'4,116-,· 31, 50 and the northerly hal,.of L~t. 49 shall
be exempt from the annual payment of $5.00 for the "Beach for Use of
Owners', for such period of time that they are owned by Frank S. Thorp,
or Lois Johnson Thorp, or Gladys D. Hicks, or their respective dis- ..
tributees.
7. No structure may be erected on the "Beach for the Use of Lot Owner~
· 8. No residential structure may be erected on Fox Island or within
'Knoll Circle.. " '
9. The annual $5.00 fees for "Beach for Use of Lot Owners" which are
u~paid for. the years prior to January 1, 1975, remain the property of
~h~ ~ of the First Part and any such fe~s as may be collected bY
'the Pa~ty of the Second.Part will' be. remitted ~o. the. ~ar}y ~f th~ '
First Part. '" ~' ~ ~: ":' ~ i ~'" · .'~
~.It is the intention by this Deed to convey to the Party of the
Second fart all ~roperty and rights still remaining in the said Party
of the First Part as contained in Deed recorded in the Sqffo~k County
Clerk's Office in Liber 1123 cp 222, together with all covenants'and
restrictions running with the land as contained in the several.deeds
from the Party of the. First part to the several lot and fee owners,
or their predecessors in title, except as limited by the preceding
provisions of this deed.
Z
of tIie seeon~ part, its successors an~ assr_gas forever.
The Party ofthe First Part, in compliance with Section 13 of the
Lien Law, covenants that the Party Of the First Part will receive the
consideration for this conveyance and will hold the right to receive
such consideration as a trust fund to be applied first for the purpose
of p~ying ~he cost of the improvement and will apply the same first to
the payment of the cost of the 'improvement before using any part of the
total of the same for any other purpose.
set its ho~r~c~ and seas . the~ day anv~ year first above written.
By
GARDNERS BAY COMPANY~ INC?
· g~AL ESTATE'.,~,-'~, 'STATE
TRANSFER
Dept, at . ~'
Taxation 'dULl074 -
On, th/a
c~y of. ~finetesn ~-[~ndrev~ and
before m~, ~ sz6bseriber, personvJly appeared
described
· STATE OF. NEW YORK) ss.:
COUNTY OF SUFFOLK)
. ~J . , ~ ,\ ~'.1./,.
e ' day of July, 1974 before me came LOIS ~OHNSON/
On th 7. · . - .....
THORP to me known, who, be,ng by me-~u-y ~6~_n,
that she resides at No.' 120 Rockaway Avenue, ~oc~vllle uenur8,' .--- .
York, that she is the Pres%den% of Ggrgners Bgy.Co~pany,.I'ncT ,'j_:', ','
~ .~*4nn described mn, and whmcn execute~, the zg~g0~ng ...
instr~ent; that she knows the seal of sa~d corporation, that the~
seal affixed to said instr~ent is su?h corporate s~al; tha~,~'~s
so affixed by order of the board of d~rectors of sa~d corpora~lon,
and that she signed her name thereto by
.
Record and return' to:-
Duncan E. Lo~gworth, Esq..
610 Bayview Drive .
East Marion,..N.Y. 11939
At:to!
218 F~c~nt
(516)
DA'I
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[~ ONGIONI
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TOWN OF: SOUTItO LD
BUILDING DEPARTMENT
TOWN CLEI~K'S OFFICE
$OUIHOLD, N.Y.
NOTICE OF DISAPPROV:kL
tO ., .................................................. , .... Ri:
Hoose No Str~'~ t Ham/et
on ............... Filed Map No ................ Lot No ..................
0 a ~ o0~..~o-~~ · ~ .0 ~n
Building Inspector
F. ORMER'OWNER,
RES. J/* s s.
N
S
VL FARM
COMM. CB. MISC. Mkt. Value
TYPE OF BUILDING
LAN D IMP. TOTAL DATE REMARKS
FARM Acre Value Per
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKHEAD
Total
DOCK
TOWN OF
SOUTHOLD 8OPERTY
RECORD' CARD
OWNER - C:k'~ "~ClSJ~(~ STREET ~-~--~-'--/')"O
FORMER. OWNER I N
~r~n~tr Kleinoqan ,a' ~,0,c
I
W
DISTRICT SUB.
ACREAGE , ) f/~
TYPE OF BUILDING
Lo'r ft / Z Z :i
I
RES. ~. J6 SEAS. J VL.
LAND IMP.
TOTAL
FARM
DATE
COMM.
REMARKS
J IND. CB.
NEW -:
Farm
(o3oo
NORMAL
Acre
B E LOW
Value Pm: Acre
Value
Tillable 1
MISC.
Tillable 2
Tillable 3
Wcodland
Swampland
Brushland
House
Total
OWNER
TOWN OF SOUTHOLD
IMP.
RE$.o~j0 SEAS.
LAND
/70 o
/70-0
AGE
NEW
FARM
Woodland
Meadowland
House Plot
NORMAL
STREET
N
S
VL.
PROPERTY RECORD CARD
W TYPE OF BUILDING
DEPTH
BULKHEAD
Tota~ "~
~ DOCK
TOTAL
v
FARM
DATE
COMM. CB. MICS. Mkt. Value
BUILDING CONDITION
BELOW ABOVE
Value Per
Acre
Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
VILLAGE SUB. LOT
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREETSb~) VILLAGE DIST, SUB.
FORMER OWNER_s,,, . N ' E ACR. J
/ S W ~PE OF BUILDING
RfiS. S~S. VL FA~ CO~M. CB. ~ISC. Mkt. Vo~u*
~ND IMP. TOTAL DATE RE~RKS
' ~ I I 1
AGE BUILDING CONDITION
N~ NOeL BELOW ABOVE
FARM Acre V~lue Per Value
Acre
Tillable ]
Tillable 2
Tillable 3
W~dl=nd
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKH~D
Total ~CK
TOWN
OF SOUTHOLD
J~OPERTY .RECORD
OWNER STREET
FORMER qWNER N
VILLAGE
W
CARD
ACREAGE
. TYPE OF BUILDING
Tilt
Tilt,
RES.~..2/0 SEAS. I VL. FARM
LAND IMP. TOTAL DATE
Tillable 2
Tillable 3
Vo~
~] Woodland
__wa! Swampland
COMM. J IND. J CB. I MISC.
REMARKS
ABOVE
a
Brushland
House Plot
Total
BARBARA D. MAT'ZEN 6~.?~22tz21~
P.O. BOX '342
EAST MARtON, NY 11939
6rdcr ot ~ ~ ~o
370 Dogwood Lane
P. O. Box 376
Bast Marion, NY
April 22, 1993
11939
Gerard F. Goehringer, Chairman
Zoning Board of Appeals, Town of Southold
53095 Main Road, P. O. Box 1179
Southold, NY 11971
Re:
Application #4156
Gardiners Bay Estates Hc~ Owners Association, Inc.
Bast Marion, NY 11939
Dear Sir:
I am writing to you in direct response to Warren A. Sambach, Sr.'s letter
dated April 6, 1993.
I also am a member of the Board of Directors of the Gardiners Bay Estates
Home Owners Association, Inc. I have never mede a presentation to any Board
of any kind previously. It is my honest opinion Warren A. Sambach, Sr., should
have abstained from any involvement (professional or otherwise) in this issue
due to a conflict of interest.
The Army Corps of Engineers and the Dept. of Environmental Conservation found
no problem with the installation of docks in Spring Pond as proposed in
Application #4156.
To my knowledge, no one has approached the Chairman of the Marine Committee
for a list of those person(s) interested in requesting dock space.
I earnestly feel every homeowner in Gardiners Bay Estates is entitled to a
place to moor or dock a boat. I am referring to present and/or future home-
owners. It is my understanding this would mean spaces for 65 upland homeowners.
There are several rights of way in Gardiners Bay Estates. One leads to Fox
Island which has dockage for four (4) boats and a beaching area for several
dinghys. Two other rights of way provide access to the beach area.
As to the issue of congestion, parking or any other alleged problems, if the
use of a right of way by neighbors is thought of as an annoyance by Warren
Sambach, Jr. and Richard DiBlasi, it would seem this is in direct conflict with
the reason(s) for which these rights of way were originally established; namely,
to provide access to Spring Pond and the beach area to all members of Gardiners
Bay Estates.
April 22, 1993 Page 2
In addition, Warren San%bach, Jr. and Richard DiBlasi were fully aware of the
existence of these~ rights of way prior to their purchase of their respective
properties.
I firmly believe the value of my upland property would be diminished if I
had to inform a potential purchaser that mooring and/or docking space in
Spring Pond would not be available to them until some unknown fqture date.
It is increasingly apparent Warren Sambach, Jr. and Richard DiBlasi are using and
have used every conceivable means to object to this application as a ruse to
obscure their own selfish interest. It seems a clear case of "I've got mine
and the rest of the co~T~nity be damned."
At this time, I respectfully request the Zoning Board of Appeals rule in
favor of the Gardiners Bay Estates Home Owners Association, Inc.'s application.
Very truly yours,
Andrew J. Fanizzi, Jr.
AJFjr:ef
I I , ~) COUNTY OF SUFFOLK ,~.~, SOUTHOLD
I .~d I'---'~ ....... la*o Propsrt¥ Tax Sarv,c¢ Aaenc .........
R~80
R -80
0~¢ ~
NT SISAL ~ 1175o
I
TRUSTEES
John M. Bredemeyer, III, President
Albert J. Krupski, Jr., Vice President
Henry P. Smith
John B. Tuthill
William G. Albertson
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
January 22, 1992
Warren Sarabach
11 Halter Lane
Levittown, NY 11756
RE: Warren &Lani Sambach
SCTM #1000-37-5-1
Dear Mr. Sambach:
The Southold Town Trustees inspected the'site of your' proposed
grandfather application on January 22; 1993 and are concerned
that if we approve your request we will be approving a structure
on property other than your own.
Although the Trustees have not formally taken a position that
Spring Pond is Trustee land (even ponds are Patent lands), your
proposed structures would appear to cross property of the
Gardiners Bay Association.
kbSent the written permission of the Gardiners Bay Estates
governing body which regulates this land, we will not be able to
process your application further.
If we can be of further assistances, please do not hesitate to
call.
Very truly yours,
· Bredemeyer, III
President, Board of Trustees
JMB:jmd
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, .Ir.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
GRANDFATHER APPLI'CATION
1. Nam~ 'of Applicant: Warren & Lani Sambach
2. Mailing address: 11 Halter Lane Levittown, NY 11756
Tel. No: 579-7516
Address of Property: 460 Bayview Dr. East Marion, NY 11939
Right of way adjacent to 460 Bayview Dr.(previously 560 Bayview Dr.)
Tax Map Number: 1000-37-5-1 Approx.yr.of construct:1967
Prior owner if known: Harold & Lynn Schebe
Diagram of existing structures, including all dimensions, must be
included with this application:
See attached copy of survey by Van Tuyl dated Jan. 5, 1992.
For location of landward catwalks; added pier and float sizes and
locations as shown.
Indicate on attached map:
pole number, adjacent proper, ty owneL,
Signature of applicant:
/-
Please note, there is a one time ~ee
application.
Location, ~e, reference point, telephone
etc.
~f $50.00 for filing this
Outline of Sub~itted item_~
Enclosed 2 copies of surveys dated August 16, 1966 and May 25, 1988:
3 pictures - Pictures ! and 2 taken before 1970 and Picture 3 taken
in 1992: a copy of a bill for 76' lineal feet of wooden retaining
wall dated 1970; affidavits from previous owner who is also the
builder of the pier and float; survey of R.O.W. showing piers and
floats; affidavits from Rev H.Ressmeyer, Mr.W.Breuer, Mrs,D,
Longworth and Mr.B.Schaller.
-The 1966 survey shows the property WITHOUT a wooden retaining wall
on the southern irregular curved property line.
SEE PICTURES 1 and 2
-September 19,. 1970, former owner'Harold Schebe had a 76'-0" lin.ft.
wooden retaining wall installed. (copy of bill enclosed)
-The 1988 survey shows a retaining wall along the
curved property line. This wooden retaining wail
present time.
SEE PICTURE 3
southern irregular
has existed to the
We know the wooden retaining wall was built in 1970. We know
PICTURES 1 and 2 are prior to this date because they do not show the
wooden retaining wall. NOTE: In these pictures we see the pier and
float which means that my pier and float existed PRIOR to 1970.
I trust that these pictures, surveys, bill for the retaining
wall alpng with the affidavits from various neighbors familiar with
.this property show the Board that my pier and float in its present
location have existed prior to the ordinance and that a Non-
Conforming (Grandfather> permit,be issued.
Should the Board need any further clarification or if I can be
of help in any way, please contact me.
Warre-nV~:~b~c'~ Jr. AIA
--"" ... ,,,,j . .D ~i YE '
4-7.4S .
MAP OF LAND:
~I.)IZVEYED F' O 12_.
I--tAP_.0LD L SCNEF::cE
AT
EAST MAP. ION
," SCALE: 30'
-- NOTE-
].,0T NUMI~E~.5 5HO~,V~ I~.EFEIZ. TO. 'MAPOF.
~. ~ - GAF-DINEr'S BAY ESTATES" FILED
IN THE SUFFoI. K COUNTY CLEJZ~'$ OFFICE AS
GUAEANTEED TO THE GUAI~.ANTEED TITLE
DiVISiON- AMEI;).ICAN TITI...E INSUEANCE CO.
AND THE 30UTHOID SAVINGS BANK'
SUEVEYED AUG. 16.1911
VAN TUYL~ 50N
LICENSED ~ND ~U~vE~ G EEENPOAT. NEW YO~K
¢
P, O. BOX 36
Phone 477-1555
EAST MARION, L, I,, N. Y.
11939
September 19, 1970
Mr. Harold Screbe
East Mari on,
New York
76 L' wooden retaining wall @ $11.00 per L'
Paid to date.
Balance.
$836. O0
500. O0
$336. O0
02/0: ~
/137
¢ (
1015 Bedford Hills Dr.
Earlysville, VA 22936
12/23/92
Board of Town Trustees
Town of Southold
Town Hall 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
We, Harold and Lynn Schebe were the previous owners of 560 Bayview Dr.
East Marion which is also known as tax map #1000-37-5-1. We built the
pier and float on the Right of Way which was directly in front of
our property. The Right of Way propecty was then owned by Gardiner's Bay
Club. The individual owners were Mrs. Frank Thorp and Gladys Hicks.
We built this pier and float in 1967 with Mrs. Frank Thorp's permission.
Also, in addition to our pier and float the former owner and builder of
the house adjacent to ours, Mr. C~lly Brown also built a pier and float
on this Right of Way approximately in 1968 or 1969. These two pier and
floats have been in existence since the dates mentioned. The present
owner of this Right of Way, Gardiners Bay Estates Homeowner's Association,
be~me the owner in 1974; the piers and floats were in existence w~en they
became the owners.
Harold Schebe also served as the 3rd President of the Gardiner's
Bay Estates Homeowner's Association.
Sincerely,
Harold & Lynn Schebe
Swort~ before/~ this 23rd day
1_". ,
No. 52-6476120
Quafif~ed in Suffolk Connl~,..,.~
¢
P.O. Box 283
East Marion, NY 11939
December 23, 1992
Board of Town Trustees
Town of Southold
Town Hall
53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
SUBJECT:
Affidavit for Grandfather
Application for pier and Float
I, Reverend Henry Ressmeyer resi'de at Parsons Blvd., P.O. Box 283
in Gardiner's Bay Estates and have had my sail boat'moored in
Spring Pond since 1954. The location of my mooring of my sailboat
is such that I have to walk past the two docks in question in order
to use my boat. To the best of my knowledge I can remember that
these two docks were built in the late 1960's by the owner's of
the property abutting the Right of Way. The dock to the East was
built by Mr. Harold Schebe and the dock to the West by Mr. Cully
Brown who were the owner's at that time. I can also remember a third
pier and float which now does not exist.
Trusting that this affidavit helps date the origination of the
piers and floats.
Sworn to/efore~$this 23rd
~f ~ber, 1~2 ~ day
',-mission Ex.;r. IO'Dj-~ ~
Sincerely,
Rev. Henry/ Resomeyer
376 Newbridge Rd.
Hicksville, NY 11801
January 4, 1993
Board of Town Trustees
Town of Southold
Town Hall 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
I, Warren Breuer, am the son of Charlotte Breuer, who is the owner
of the house diagonally across the road from the Dogwood Right of Way,
also known as lot 104, located on the northwest corner of Bayview Dr.
and Dogwood Lane, East Marion, NY.
1951 and I grew up in this house as
this house also.
My parents bought the house in
a child and now my children enjoy
My family had at one time a pier and dock on the Dogwood Right of Way
which was constructed in the early 1960's. I can remember 2 additional
piers and floats to either side of ours being constructed in the mid-
1960's. Although our pier and float is no longer in existence the
two other piers and floats still remain where they have been for the
past 25 or 26 years. The one pier and float is in front of Warren
Smabach's house and the other pier and float is in front of Dick DiBlasi's.
I trust that this letter helps date the time of construction of the
2 existing piers and floats currently located on the Dogwood Right of Way.
Sworn to before me this 4th Day
of January, 1993
AILEEN A. MANTON
Nota~/Public, State of New York
No. 4644666
Qualified ~n Nassau County
Commission ~:xpires October 3 I, 19~
Warren Breuer
1000 %~ver ~each D~e #104
Ft. Lauderdale, FLA 33355
12/23/92
Board of ~own Trustees
Town of Southold
Town Hall 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
I, Dorothy S. Longworth have lived in the house at 610 Bayview Dr.
East Marion, New York 11939 since Ja~ 1969 I have personal
knowledge that the two present piers and floats on the Association's
Right of Way property at the foot of Dogwood Lane have been in
existance since the late 1960's, when I moved into the house.
Mr. Harold Schebe, the former owner of 560 Bayview Dr., who lived
directly next to us, built his pier and float while the other pier and
float on the right of way was built by the former owner of 360
Bayview Dr., Mr. Coley Brown.
Trusting that this letter will suffice.
Dorothy S. Longworth
Sworn t~fore~ this
of/~ber, y~2/
23rd day
16418 Jersey Dr.
Houston, Texas 77040
January 4, 1993
Board of Town Trustees
Town of Southold
Town Hall 53095 Main Rd.
P.O.Box 1179
Southold, NY 11971
I, Bruce Schaller am 46 years old and the son of the former owners
of 5 Dogwood Lane, East Marion. My parents bought their home in
1967 and sold the house in 1978. I spent a good deal of time at this
house and in this community. My father and I launched our boat at the
Dogwood Right of Way for many summers.
In 1967 there were two piers and floats and a third "semi pier and
float" on the Dogwood Right of Way. The two piers and floats that
are presently existing in front of Warren Sambach's house and Dick
DiBlasi's house have been there since my father bought the house on
'Dogwood Lane. We visit East Marion once or twice a year since my
wife's parents live in Ridge and we have friends in Gardiner's Bay
Estates.
Sworn to before me this
of January, 1993
4th day
AILEEN A. MANTON
Notary Public, State of New York
No, 4644666
Qualified in Nassau County
Commission Expires October 31,19
Bruce H. Schaller
h4.¥.
TRUSTEES
John M. Bredemeyer, III, President
Albert J. Krupski, Jr., Vice President
Henry P. Smith
John B. Tuthill
William G; Albertson
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SUPERVISOR
SCOTT L. HARRIS
Town Hall :
53095 Main Road
P.O. Box 1179
Southold, New York 11971
January 22, 1.992
Richard DiBlasi
1982 Knollwood Road
Muttontown, NY 11791.
RE: Richard & Judy DiBlasi
SCTM #1000-37-4-1
Dear Mr. DiBlasi:
The Southold Town Trustees inspected the'site of your' proposed
grandfather application on January 22, 1993 and are concerned
that if we approve your request we will be approving a structure
on property other than your own.
Although the Trustees have not formally taken a position that
Spring Pond is Trustee land (even ponds are Patent lands), your
proposed structures would appear to cross'property of the
Gardiners Bay Association.
Absent the written permission of the Gardiners Bay Estates
governing body which regulates this land, we will not be able to
process your application further.
If we can be of further assistances,
call.
please do not hesitate to
Very truly yours,
John M. Bredemeyer, III
President, Board of Trustees
JMB: jmd
John M. Bredemeyer, 111, President
Henry P. Smith, Vice President
Albert J. Kmpski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
.P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765 - 1800
GRANDFATHER APPLI'~ATION
Name of Applicant:
Mailing address:
Right of Way Adjacent to
Richard & Judy DiBlasi
1982 Knollwood Rd. Muttontown,
NY 11791
Tel. No: 921-3855
Address of Property: 360 Bayview Dr. East Marion,
360 Bayview Dr.
NY. 11939
Tax Map Number: 1000-37-4-1 Approx.yr.of construct: 1966-1967
Prior owner if known: coley Brown
Diagram of existing structures, including all dimensions, must be
included with this application:
See attached copy of
location of landward
locations as shown.
survey by Van Tuyl dated Jan. 5, 1992. For
Catwalks; added pier and float sizes &
Indicate on attached map: Location, le, reference point,
pole number, adjacent properts' o~m. ers, etc.
Please note, there is a one time fee of $50.00 for filing this
~application.
telephone
Outline of Submitted Items:
Enclosed is a photocopy of an airplane photo of the Gardiners Bay Estates
Spring Pond; a copy of Sec. 37 County of Suffolk Tax Map; a photocopy of an
advertisement in the Wall Street Journal dated March 18, 1966 and the
New York Times dated March 19, 1966; affidavits from Harold & Lynn Schebe,
Rev. Henry Ressmeyer, Mr. Warren Breuer, Mrs. Dorothy Longworth and Mr.
Bruce Schaller.
The photocopy of the picture taken from an airplane shows in Spring Pond
3 piers and floats projecting from the Dogwood Lane Right of Way. Upon
careful examination the Frey house is not pictured in this photo. The
Frey house is Sec. 37-B1.4-Lot 4 and is located at the head of Spring Pond.
The Frey house was built under permit ~5670 issued in 1971. This is a good
indication that this picture was priQr to that and I am told that this
picture was taken in the late 1960's. The original picture is available
for the Board's inspection but the owner would like it returned. I am also
trying to determine who took this photo.
Also enclosed are two advertisements that were for the rental of my house
which included a dock. ~hrough the years we have replaced different
parts of our pier and float and it has remained in its present location
for some 25 years.
I am confident that the pictures, advertisements, and affidavits as
submitted will show the Board that my pier and float have existed
prior to the ordinance and a grandfather Permit be issued.
Sincerely,
Richard DiBlasi
Enclosed:
-Check #2571
-Grandfather Application
-Survey of R.O.W. showing piers and floats
-Aerial photo of Spring Pond and R.OoW.
-Property Map~of Area
-Newspaper Advertisements
-Affidavits: Schebe,Ressmeyer,Longworth, Schaller
& Breuer
WALE STREET ~0URNAE, I~RIDAY, HARCl~ '~$, ~6~" ::
WATEB~R~N~--**'~T~', S rooms,
docl~. 2 rlrepl&ces. 3 bathm lormalJ
BOARD OF TOWN TBUSTEES i
CHECK OFF LIST
2.
3.
5.
6.
$150.00 A~PLICATION FEE PAID :
$35.00 AMENDMENT, WAIVER OR INSPECTION, FEE PAID:.
INSPECTION DATE:
DATE SENT TO CAC: ~
6. ASSESSMENT:
9. ARMY CORPS PERMI~
10. PUBLIC HEARING
11. DETERMINATION:
12. CONDITIONS:
13. PERMIT ISSUED:
FEES PAID:
Additional Information
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939 - 0004
October 30, 1992
NYS Department of Environmental Conservation
Building 40 - SUNY
Stony Brook, ~ 11790-2356
Attention: Oarleen Gerbino, Program Aide
UPA ~1-4738-00462/00001-1
Gardiners Bay Estates Homeowners Assoc.
Dogwood Lane Right-of-Way
Property -
Dear Ms. Gerbino:
In response to your letter date~ Ausust 7, 1992, attached
please find 4 copies each of revised project and crossection
plans. These were modified to reflect your recommendation to
install only one catwalk, constructed a minimum of 4' above
grade over tidal wetlands, connected to one mai~ float with
three fingers.
The aames of adjacent landowners are: Laai Sambach, Judith.
DiBlasi, and Dorothy Lozgworth.
If you meed a~y further i~formatioa pleame coatact me. I can
be reached at 516-477-9675.
Sinczrely,
Lawremce J. Matzen, Chairmam
Marine Committee
cm~: 4 copies of revimed project aad croeeectiom plaas
c. Board of TrUmte. es, TOWm of Southold
U,S.A. Corps of EmgiaeerS
Applicant propo,ses to add 4 slips to existing
dock 0y reconstructing existing catwalk 3'x25'
with 6 piles; elevated 4' a_t spartina; 3~x12'
ranp; 4'x48' float with 2 - 3'xl4':fingers and
.. /
4 piles;
\
!
!
~ ~ -,
dock as center finger.
!
iLa.~Catwalk
& Dock
!Spring POnd,
,!East Marion
~Aoo . Gardiners
~Bay Estates Home- i
iowners. Ass~ Inc. ,.~
!Consultant:
~ L.J. Matzen
iDated: 3/4/92
Z ~
,, ,CaOSSEcr~o~ _, ............
U
Applicant proposes to add 4 slips to existing
dock by reconstructing ezisting catwalk 3'x25'
with 6 pile~; elevated 4' at sp~rtina; 3'×12'
ra~p; 4'x48' float with 2 - 3'x14' fingers and
4 piles; using 6'x16' dock as center finger.
~:Dogwood
Catwalk
& Dock
Spring Pond,
East Marion
App~ Gardiners
Bay Estates F~me-
owners Assn.,Inc.
Consultant:
L. J. Matzen
Dated: 3/4/92
DOCK CONgTR, UCT'~ON.
. New York State Depa~ment of Environmental Consewation
Building 40--SUN~ ~ony Brook, New York 1179~2356
(516) 751-1389
FAX (516) 751-3839
Thomas C. Jorllng
Commissioner
August 7, 1992
Gardiners Bay Estates Homeowners Assoc.
P. O. Box 342
East Marion, NY 11939
Attn: Mr. Lawrence J. Matzen
RE:
UPA #1-4738-00462/00001-0
Gardiners Bay Estates Homeowners Assoc. Property -
Dogwood Lane Right-Of-Way
Dear Mr. Matzen:
On May 21, 1992, the Department conducted an on-site
inspection of the property located on the Dogwood Lane Right-Of-
Way.
Pursuant to the field inspection, it was determined that the
area is vegetated with both intertidal and high marsh and that the
addition of a second catwalk would degrade the underlying tidal
wetland due to increased shading. Additionally, given reasonable
alternatives, the second catwalk is neither reasonable nor
necessary.
Therefore, please be advised that, as proposed, your project
does not meet the standards of permit issuance as set forth in
Tidal Wetlands Land Use Regulations, 6NYCRR, Part 661.9(b)(1)(i)
and 661.9(b)(1)(iii). A copy of ~art 661 is enclosed for your
reference.
The Department therefore recommends as an alternative that the
applicant modify the project to install only one catwalk,
constructed a minimum of 3%' above grade over tidal wetlands,
connected to one main float with three fingers. This configuration
would provide access to all the proposed floats while minimizing
damage to the tidal wetland.
Mr. Lawrence J. Matzen
August 7, 1992
Page 2
Before review of your project can commence, the following must
be submitted:
- Four copies of a modified plan which shows one catwalk, one
main float with three fingers and all marsh area accurately
depicted (a copy of your plan i s enclosed with
recommendations noted thereon);
- Four copies of a revised cross-section, to scale, which
shows modified structure and, most importantly, distance
above grade (minimum 3%') over tidal wetlands. Ail marsh
area must be accurately shown on cross-section; and
- Names of adjacent landowners.
Upon receipt of the requested information, processing of your
application will resume. Please do not hesitate to contact me, if
you have any questions.
Sincerely,
Darleen Ge
Program Aide
DG/rw
eno.
cc: file
york State Department of Environmental Conservation
~u#ding 40--SUNY, Stony Brook, New York 11790-2356
(516) 751-1389
FAX (516) 751-3839
Thomas C. Jorllng
Commissioner
August 7, 1992
Gardiners Bay Estates Homeowners Assoc.
P. O. Box 342
East Marion, NY 11939
Attn: Mr. Lawrence J. Matzen
RE:
UPA #1-4738-00462/00001-0
Gardiners Bay Estates Homeowners Assoc.
Dogwood Lane Right-Of-Way
Property -
Dear Mr. Matzen:
On May 21, 1992, the Department conducted an on-site
inspection of the property located on the Dogwood Lane Right-Of-
Way.
Pursuant to the field inspection, it was determined that the
area is vegetated with both intertidal and high marsh and that the
addition of a second catwalk would degrade the underlying tidal
wetland due to increased shading. Additionally, given reasonable
alternatives, the second catwalk is neither reasonable nor
necessary.
Therefore, please be advised that, as proposed, your project
does not meet the standards of permit issuance as set forth in
Tidal Wetlands Land Use Regulations, 6NYCRR, Part 661.9(b)(1)(i)
and 661.9(b)(1)(iii). A copy of ~art 661 is enclosed for your
reference.
The Department therefore recommends as an alternative that the
applicant modify the project to install only one catwalk,
constructed a minimum of 3½' above'grade over tidal wetlands,
connected to one main float with three fingers. This configuration
would provide access to all the proposed floats while minimizing
damage to the tidal wetland.
age 2
Before review of your project can commence, the following must
be submitted:
Four copies of a modified plan which shows one catwalk, one
main float with three fingers and all marsh area accurately
depicted (a copy of your plan i s enclosed with
recommendations noted thereon);
Four copies of a revised cross-section, to scale, which
shows modified structure and, most importantly, distance
above grade (minimum 3%') over tidal wetlands. All marsh
area must be accurately shown on cross-section; and
- Names of adjacent landowners.
Upon receipt of the requested information,
application will resume.
you have any questions.
DG/rw
enc.
cc: file
processing of your
Please do not hesitate to contact me, if
Sincerely,
Darleen Ge
Program Aide
Applicant proposes to add 4 slips to existing
dock by reconstructing e):isting catwalk 3'x25'
kith 6 piles; elevated 4' at spartina; 3'x12'
ra]np; 4'x48' float wi~h 2 - 3'x14' fingers and
4 pile~; using 6'x16' aock as center finger.
Project: Dogwood
L~ rZ~ Catwalk
& Dock
Spring Pond,.
East Marion
Appl: Gardiners
Bay Estates H~ne-
owners Assn.,Inc.
Consultant:
L. J. Matzen
Dated: 3/4/92
DOCI< COM§T~UCTION ~[v,s~ Io/30/9z
Regulatory Branch
DEPARTMENT OF THE ARMY
NEW YORK DISTFIICT. CORP8 OF ENGINEER8
JACOB K. J&¥1T8 FEDER&I. BUILDING
NEW YORK. N.Y. 10278-0080
December 10, 19'92
SUBJECT: Department of the Army Permit No.
Mr. Lawrence J. Matzen
Chairman, Marine Con~nittee
Gardiners Bay Estates
Homeowners Association, Inc.
P.O. Box 342
East Marion, New York 11939-0004
Dear Mr. Matzen:
19920111
We have completed our review of Application Number
92-0111-L2.
Pursuant to Section 10 of the Rivers and Harbors Act of 1899
(33 USC 403), you are hereby authorized by the Secretary of the
Army:
WORK: Replace an existing pier assembly with a 3 foot by 25 foot
fixed pier supported by 6 piles, elevated a minimum of 4 feet
above the grade of the marsh, a 3 foot by 12 foot hinged
walk-ramp, a 4 foot by 48 foot main float with one 6 foot by 16
foot and two 3 foot by 14 foot finger floats. The floats will be
secured to four pilings.
WATERWAY: Spring Pond, Gardiners Bay
LOCATION: East Marion, Town of Southhold, Suffolk County, New
.York
Kindly display the enclosed notice of authorization si~n at
the project ~site.
The activity authorized herein must be completed within
three years of the date of this permit, and is subject to the
enclosed conditions. You are required to submit to this office
the dates of commencement and completion to the authorized
activity. Enclosed please find two forms for your use in
submitting the required dates.
Notice is hereby given that the permittee should recognize
that a possibility exists that the structure permitted herein may
be subject to wave wash from passing vessels. The issuance of
this permit does not relieve the permittee from taking all proper
steps to insure the integrity of the structure permitted herein
and the safety of boats moored thereto from damage by wave wash
and the permittee shall not hold the United States liable for any
such damage.
The authorized activities must be. performed in accordance
with the enclosed plans. If any material changes in the location
or plans of the subject work are found necessary, revised plans
should be submitted to the District Engineer. The~e plans must
receive the approval required by law before work begins.
~Sincer~ / .~ ~_
~ Colonel, Corps of Engineers
Enclosures District Engineer
TRUSTEES
John M. Bredemeyer, HI, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTr L. HARRIS
Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES
Fax (516) 765-1823 TOWN OF SOUTHOLD
LEAD AGENCY COORDINATION REQUEST
TO: ~3o-x\z~e._ ~X- (~e-c~tc-~ DATE:
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
Southold Town Trustees are interested in your ageny's comments
in acting as SEQRA Lead Agency for:
LOCATION: ~% co~¢ t_e~. k
TAX MAP: 1~oo-~3- M-t7 PERMIT #
DESCRPTN: ~e-c
PERMIT REQUIRED: ~ TOWN WETLAND ( ) OTHER
.SEQRA CLASSIFICATION: (~ Type I (.) Type II
UNLISTED ( ) CEA
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Please contact John M. Bredemeyer, III, President, within 30
days and be advised that the Southold Town Trustees (WANT)/(DO
NOT WANT) to assume lead agency.
SENT TO: DOS ( ) DEC (~L) DOH ( ) .PB ( ) ZBA ( ) BLD ( )
Please complete, detach and return this form to expedite
processing.
Involved Agency:
Project Name: ~-q~'(J~,'n~S ;'~n~l
SC~. 1o oo - ~ 7 - ~ - I1
We at ~Y 5 O~C (Hav~ objection to Southold Town
AGENCY .
Trustees ass~in9 Lead Agency.
Co~ents/Reasons:
1992
TRUSTEES
John M. Bredemeyer, III, President
Albert J. Kmpski, Jr., Vice President
Henry P. Smith
John B. Tuthill
William G. Albertson
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
EO. Box 1179
Southold, New York 11971
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
APPLICATION NO. 1000-37-4-17
NAME: Gardiners Bay Estates Homeowners Association
DATE: May 12, 1992
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCRR Part 617,
Section ~17.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined that the
project will not have a significant effect on the environment.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: Type I
DESCRIPTION OF ACTION: to construct a 3' X 25' catwalk; with'6 piles;
elevated 4'- at spartina; 3' X 12' ramp; 4' X 24' float with 2 3' X
14' fingers and 3 piles and to move existing catwalk and dock 12' to
east as per revised plan dated April 28, 1992.
LOCATION: Tax map No. 1000-37-4-17
REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment, submitted by the applicant and
reviewed and completed by the Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the project be implemented as planned.
cc: Applicant, DEC :tfh~
DEPARTMENT OF THE ARMY
YO.K O,STR,CT CO..S Or E.G,. RS
~co~ ~. ~v,~ ~.~ ~,~,.~
NEW YORK. N.Y. 10278-0090
Eastern Permits Section
SUBJECT: Application No. 91-0111-L2, by Gardiners Bay
Estates Homeowners Association Inc.
Mr. Lawrence J. Matzen
Marine Chairman
Gardiners Bay Estates
Homeowners Assocition, Inc.
East Marion,.New York 11939-0004
Dear Mr. Matzen :
At the joint permit processing meeting held on April
21, 1992,the Fish and Wildlife SeE;ice of the U.S. Department
of the Interior recommended that the proposed structure to be
a minimum 4 feet above the ground and no piles to be driven
into intertidal marsh. The National Marine Fisheries Service
and the U.S. Environmental Protection agency concurred with
the above recommendation.
You are hereby given the Opportunity to address the
agencies' recommendations if they are not acceptable to you.
If they are, please submit revised drawings.
If you have any questions, please contact Ms.
Sophie Ettinger of my staff at (212) 264-6730.
Sincerely,
/~JJames W. Haggerty
Chief, Eastern Permits Section
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
April 29, 1992
Depart~ent of the Ar~y
ifY District Corps of Engineers
Jacob K. Javits Federal '~'ui]ding
lTew York, UY 10278-90
Attention: James W. Ha~,~'erty. go
Chief, Eastern Per:~its Section
Re: Application _'..~o. 9-1-0111-!,2, Gardiners Bay Estates }!omeowners Assoc.
Dear Sirs:
Tnzs letter is in response to your letter of ,~pril 22, 1992.
To comply with the recom~eudatior, a of Wildlife Service of the U.S.
Department of the Interior, the ~ational :'arine Fisheries Service and
the U.~. I.;nveronmental ~:'rotection age,my, we are sending you revised
Crossection and Project
· They will show the proposed structure ~o be a r. linJ. mum 4' above the
ground and no piles ',¥il] ,. driven into t~,e intertidal marsh.
If there are any further questJ.or~s, plea:~e call ~'~e at 516-477-9675.
Yours tru].y,
l,awrence J. :!atzen, ..nam.r?.s.:
]larine Conm!ittee ,.qR],fliA, Inc.
Z ~
CRO$$£CTIO N
J I
,0 I0" 2I0~
.gCALE. /" = /0/'
Applicant proposes to construct a 3'x25'
catwalk; with 6 piles; elevated 4' at
spartina; 3'x12' ramp; 4'x24' float with
2 - 3'x14' finger~ and 3 piles and to
move existing catwalk ~ dock 12' east.
& Dock
Spring
East Marion
Bay Estates W~.e-
owners Assn.
.Consultant:
L. J. Matzen
Dated: 3/4/92
DOC K C0H.gTI&'dCTION
/
!
I, iA R I ¢
~Appl: Gardiners
~Bay Estates Homer
~ ~ / ,, owners Ass? I
· [ ,/ ~ > ; '
~ ! Consultant:
~"&~'~ , ~ L.J. Matzen
-~$~ l ............. ~ ~ ~ ~ated: 3/4/92
........ DOCK CO~J~Ud~lO~ g~EET ~ azv,sa~ ~/~e/~a
HARVEY A. ARNOFF
Town Attorney
MA'FrHEW (~. KIERNAN
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
RE:
Zonln9 Board of Appeals n~~
Board of Trustees
Harvey A. Arnoff. Town Attor
April 28. 1992
Gardiners Bay Estates Homeowners Association
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
t; 2. ild
TOwN OF SOUTHOLD
I have read the letter of Marie Ongloni reference the above=referenced
matter. My interpretation of the applicable code sections are as follows:
There does not appear to be any impediment to an "owner" having as many
docking spaces as he or she desires, provided same are for residential use and
the boats are, in fact, owned by the property owner. In addition to that,
however, they may have docking facilities for no more than two "non-owner" boats.
It would appear that we have a rather anomaious situation in our Code since
it would appear that if the homeowners association does not own any boats than
the maximum number of slips they can have is two.
I reco9nlze that the foregoing interpretation may create a good deal of
problems for not only existing but future dock applications.. May I suggest that
we all meet at'a mutually convenient time and place {perhaps with Councilman
Penny) so that we may discuss how we want to address this now and in the future.
Since Marie Ongioni seems to be pressing the issue, kindly contact Mary upon'
your receipt of this to schedule this meeting.
cc: George Penny, IV, Councilman
TRUSTEES
John M. Bredemeyer, IH, President
Henry P. Smith, Vice President
Albert J. Kmpsld, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
Fax (516) 765-1823
LEAD AGENCY COORDINATION REQUEST
TO: '~o-x\e~e_. C,N. ~e.v~l~,o/ !"3~-~-- DATE:
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
Southold Town Trustees are interested in your ageny's comments
in acting as SEQRA Lead Agency for:
LOCATION:~2~%~c~,~ u~.
TAX MAP:
DESCRPTN: ~-~
PERMIT REQUIRED: ~ TOWN WETLAND (
SEQRA CLASSIFICATION: (~ Type I
UNLISTED
) OTHER
(') Type II
( ) CEA
Please contact John M. Bredemeyer, III, President, within 30
days and be advised that the Southold TOwn Trustees (WANT)/(DO
NOT WANT) to assume lead agency.
SENT TO: DOS ( ) DEC (~) DOH ( ) PB ( ) ZBA ( ) BLD ( ) ~c~p.
Please complete, detach and return this
processing.
Involved Agency~
Project Name:
Location:
SCTM:
We at (Have/No)
AGENCY
Trustees assuming Lead Agency.
form to expedite
objection to Southold Town
Comments/Reasons:
~ignature of Authorized Representative
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK. N.Y. 102Z8-0090
April 6, 1992
Eastern Permits Section
SUBJECT: Comments Received in Response to Application No.
92-0111-L2, by Gardiners Bay Estates Homeowners
Association, Inc.
Mr. Lawrence J. Matzen
Marine Chairman
Gardiners Bay Estates Homeowners Association,
East Marion, New York 11939-0004
I nc.
Dear Mr. Matzen:
Correspondence expressing concern regarding the subject
application has been received by this office. Copy of the
letter from Mr. Warren Sambach Jr. RA is enclosed.
It is requested that you provide a response and/or
rebuttal to the items raised in the attached correspondence.
You may elect to voluntarily contact Mr. Sambach to resolve
his concerns with the proposal. However, this is not
mandatory.
If you have any questions, please contact Ms. Sophie
Ettinger of my staff at (212) 264-3912.
Enclosure
.S incerely,
· /,.,/ ~ ~f
[Ja~es W. Haggerty
~ief, Eastern Permits Section
SAMBACH ASSOCIATES
Architects
11 Halter Lane
LEVI'FI'OWN, NEW YORK 11756
Phone 731-5506
ToDepartment of the A~my
NY District~ Corps of Engineers
Jacob K. Javitz
N.Y.N.Y. 10278-0090
James W. Haggerty
Chief, Eastern Permits Section
LETTER
Date April 1, 1992
SubjectApp. #92-0111-L2
by'Gardiners Bay
Estates Homeowners Assoc.
Dear Mr. Haggerty:
With regard to the above application I would like to submit the follow-
ing: a copy of the plans with some comments of mine, a copy of my letter
to the Southold Board of Trustees and a copy of the Town Trustees,
Town of Southold Wetland Ordinance Hearing Calendar. Please note that
the application before the Town Trustees is the same application by .
Gardiners Bay Estates Homeowners Association as your*file number 92-0111-L2
The plans, as submitted to you, show both %n plan and section~9
p£1es for the proposed new catwalk ramp and floats. I ~uestion the
"piles" shown or indicated on the catwalk and ramp-are these piles? I
also question the piles shown in the middle of the intertidal marsh. ' These
piles should be on either side or end of the intertidal march as I have
marked on the plans you sent me. I also question the amount.of piles?
The plans you ~m' sent me show 9 piles and the Town Trustee notice says
3 piles. There are some serious discrepancies on these plans, from what
is shown, what is written and what is required.
Although the zoning, use of the property, and the D.E.C. requirements
do not come directly under the Department of the Army NY District Corps. -of
Engineers there are some further "adjustments" and "requirements" that I
feel are necessary at the Town, and D.E.C. level, and some minor dredging
for the relocated catwalk, ramp and dock.
SIGNED
Please reply [] No reply necessary
S~MBACH ASSOCIATES
Architects
11 Halter Lane
LEVI'I-tOWN, NEW YORK 11756
Phone 731-5506
LETTER
Date April 1, 1992
Subject
Page 2 of 2
I would also like to receive a copy of any correspondence of comments
and/or approval that the Corps. sends to the Gardiners Bay Estate Home-
owners Association Inc.
Thanking you in advance for your time and consideration.
Warren Samb.
AND adjoini
husband of
of record
~ct
lroperty owner
Sambach, Owner
P.s. Please address all
correspondence to:
Warren and Lani Sambach
ll Halter Lane
Levittown, NY 11756
Please reply
[~ NO reply necessary
i
__,/' __./,
La. r/~w Catwalk
& Dock.
Epring Pond,
East M~io~
h~l: G~ners
~Bay Estate~ Home-
~O~U! ~.. ~
· ~a~e~: 5/~/~
Z ~
~: Do~wooa
Catw~] k
& Dock
Spring Pond,
East Marion
Aoo~ Gardiners
Bay Estates Fcme-
Consultant:
L. J. Matzen
Dated: 3/4/92
. DOC.-. COM_.qTF, UCT~'C't'-i a~v:s~=
Mailing Address
460 Bayv{ew Drive
East Marion,NY 11939
-11 Halter Lane
Levlttown, NY 11756
March 23, 1992
John H. Bredemeyer III
President, Board of Trustees
Town of $outhold
Town Hall
]lain Rd.
Southhold, NY 11971
Sub,JectIGardlner's Bay Estate
Homeownec's Assoc.
Town Trustee Meeting
Hatch 26, 1992
Dear Mr. Bredemeyer:
It has been brought to my attention that the Gardiner's Bey Estate
Homeowner's Association of East Marion ha~ filed an application along with
plans 'for a catwalk and floating dock for four boat slips end to relocate
an existing catwalk and a two boat float in Spr~ng Pond, East Marion, N.Y.
I am against th~s proposal.
As a member of th'Is Association, as. the ad.Joining property owner, as
the present owner of the "to be relocated" catwalk and as a Registered
Architect in the'State of New York, Florida and Arizona I respectfully
submit this letter based on my review of the plans and application of the
Association.
The plans do not accurately describe the conditions that exist at the
site. A survey wasprepared for the Asspciation by Roderick Van Tuyl,
P.C. There are serious discrepancies between the Association's plot plan
and the survey: specifically the MHW line, the MHL line and the epertine
grass location, In fact there ~s no ~ndication of any epartina grass on
the plot plan and theme is substantial spartina grass in the area of the
proposed and relocated catwalks as per the survey.
According.to the plans and Section depicting the' proposed
construction, a hinged catwalk is shown approximately in the mlddle of the
spartina grass. If built according to plan, this catwalk would not remain
the constant 4'-0" above the spartlna grass as required by the Department
of Environmental ConserPetlon. The plans have a general note "minimum of
4'-0" above the spartina" but with the hinged catwalk the approach to
this hinge is not 4'-0" above the spertlna nor is the hinged section down
to the floating docks, both are shown on an angle. The~e should be e
"fixed" section of the catwalk 4'-0" above the spartina with e hinged
approach ramp at one end and a hinged ramp down to the floating dock at
the other end. The width Of the spartina from the MLW line %0 the edge of
the landwood side of the spartina is approximately 8'-0" %o lO'-O" wide.
A fixed 8'-0" to 10'-0" catwalk, 4'-0" above the spartina has tO be
provided. From this fixed ca~walk a sloped catwalk approach could be
attached as well as a hinged catwalk down to the floating dock.
I do not feel the plams should be approved without showing what I
have.described above. The proposed catwalk, in order to meet the coda,
must be built this ways it will ~ow protrude further out into the pond
than as shown. Although this is not the Town Trustees concern, the new
length of the dock will impact on the boats travelling in and out of the
pond and on the boats moored in this area.
The existing catwalk that is to be relocated approximatley 12'-0"
east has existed in its present location for approximately 25 years which
· was prior to the Gardiner Bay Estates Homeowners Association becoming the
owner of the property. The catw@lk was built in 1967 by the former owner
of my house. Gardiners Bay Estates became the owner's of the property in
1974. Since this non-conforming catwalk is proposed to be relocated it
too 'would have to conform to the present day requirements for a catwalk
over spartina grass (ss previously outlined). Once again, the submitted
plans do not reflect that fact nor address any dredging that might have to
be done in order that any boats tied to this float would not "sit on the
bottom" at low tide. If even minor dredging is required, the proper.
permits should be filed for with the NYS DEC and the Corps of Enginea~s
and show where the dredged materials (spo~ls) will be deposited.
THe proposed catwalk and float will be for Association Members' boats
and Association Members' use fa public area). A handrail must be
installed as per the New York State Building Code Sec. 713.1(f)(1) and
and (4) and the Life Safety Code of the State. This handrail should be
50"-36" high and" shall be designed to resist a lateral impact at the top
equivalent to a minimum linear load of 50 lb. per foot," Sec.
The railings or vertical members should have not more than 6" spaces
between them. The plans as submitted do not reflect these code
}~equlrements.
The plot plan also fails to show the location of another catwalk and
two boat float on the Association p~operiy in question. This catwalk is
correctly identified and placed on the survey prepared for the
Association by Van Tuyl.. This catwalk and float also have been in
existence since 1967.
I further trust that this application complies with the Town Zoning
Requirements for the Residential Zone (R-40) in which the property is
located.
Thank you for
YoUr time and consideration.
Architects
· ..{ . HOTICRISHBABBYOIVtN; ' ' ' .
~:.{.'~[AT PUBIC {IBA~O~ ~LL{ 'To~S~d~oMMdot~ . ..'~ '.. b~foro Mireh 27, 1992. All
:.~ 'Il; TRUSTEES O~ TIlE TOWN OP~ .- ' : ·
".']),~lO~, A~ ~B ~1~0~ Dump ~', ~d su~ ~ ~ . . ~ ~l~le of F~er~ [~t m ~e .~ .'
· :~'] TOWN HALL,~MAIN ROAD,' Offl~oith~TowutNe,k. ThtbM.
,-~'~{..;SOUT{IO~D NEW YORK ON pH~ s~l nm Mclude ~y ~x, fed- *~j~ ~ lo ~e.da~ s~ ~ ~'=,.~
: ..LAND .O~DINANCB O~ TllE~
,.:' '/;15 P.M. =- Ju the mattel' of th, ~
~.nFp{ieatIo~ of Stomas M.Mshon on ~
: I~h~ m: Eouthotd Town m dredle ~
~.I0;000 cuble yardi of clemm dasd.
SOU[HOLD TOWN CLERK
7323-1TM12
LEGAL NO'I'ICI~
NOTICE OF FINDING OF
NO ${K;NIIqCANT IMPACr
ON TIlE EN¥IRONMENT
'at the end of die n
. '... Those'intcrestt
.. Lucas nt 765-920<:
;:!:.' A. bmtion fishes
are.expected Io m
;5...The T~ast End
:"-'.Wome~ (NOW)
:.hg rely on Apdl
~' f~ ~ ~0. R.~
~.. ~e ch~ks
~pton Bays, N
:.l I:: i.
AND
ADYANCE NOTICE TO
PUBUC OF REQUF..,%'T FOR.
RELEASE OF F~DS
"~D CE~CATION
' "' lyl~l to IIUD Ibll the V{llq¢ of ..
Or~mpun, New Ymk ,md WEIlaa R. ?~' I'm~mty: 355
Fell. ~. ~ ~t officl~ C,~II as .. ~:~. vale Roa~ f3}.
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GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
April 21, ' 99 l!~il
Department of The Army
NY Corps of Engineers, Eastern Perr~its Section. ,!t;I..~! ·; ,~:!.!,"-~, ~.!"
Jacob K. Javits Federal Building ' '
l~ew York, NY 10278-0090
Subject: Gardiners Bay Estates Homeowners Assn. Appl. ;~92-0111-12
Reply to letter from James W. Haggerty dated 4/6/92
Dear Sirs:
AS you reguested, I am answering, below, Guestions raised by Mr.
Sambach, Jr., in his letter to you dated April l, 1992.
(1) "Are these piles?" Yes, they are piles as noted on crossection.
(2) "Piles in intertidal marsh~' D~awings as submitted by ~e, showing
such piles, conform to approved standards by USACOE, NYSDEC and Town
of ~uthold. ~
(3) "amount of piles in Town notice~' Town showed abrieviated version
of plans.
(4) Questions on Project Plan: Plans call for moving Mr. Sambach's
existing "non-conforming" (32" high at spartina) catwalk and 2 piles
12' east, as is. Difference in depth is a 6" trough under his keel.
If this is not acceptable we will propose an amendment to the plans
to delete moving his catwalk. It would then be his responsibility to
move it and conform to today'm codes.
(5) Crom~ection plans: In consideration of Mr. Sambach'm water view
over our right of way property, we tried to make the catwalk am least
obtrumive am pommible (therefore, the mlanted catwalk rime to 4")- No
agency has found this objectionable.
I would like to inform you that the land area in quemtion i~ a right
of way acce~ to Spring Pond. The A~sociation,.compri~ing 100 member~
(on 79 acrem)~ own~ thi~ tax paying right of way and Spring Pond bottom.
Mr. Sambach paym the Ammociation a yearly right of way fee to.have him
dock on Am~ociation property.
(Page i of 2)
GARDINERS B~ ESTATES HOMEOWNERS ASSOCI~ION, INC.
To: Department of The Ar~y
April.21, 1992
We realize Mr. Sambach's main concerns are his change in view and
the added traffic of 4 members using their boats. There are now 4
boats docked on 2 floats, 2 moorings serviced from here and boat
launching. There are also numerous other moorings and docked boats
in his view. The Association has always p~servared over previous
projects with similar complaints.
On October 19, 1991, the G.B.E.H.A., Inc., Board of Directors,
approved the construction of floating docks for 4 member boats on
the Dogwood Lane Right of Way.
The Southold Town Board of Trustees and the Building Inspector
inspected the site on April 18, 1992, in answer to Mr. Sambach's
letter to them which you enclosed.
I believe I have answered all q~estions satisfactorily. In moving
Sambach's catwalk, a~ is, Mr. Bredemeyer, President Town of S~uthold
Board of Trustees, said "It was alright to move it, as is, since it
was in place for a long time, and minor in nature." He also said it
was a matter up to G.B.E.H.A. Board~of Directors, to decide whether
to move it or not and the Town Board would not stand between our
Association and its ~embers.
I hope this letter clarifies the matter. If there are any other
questions please get in touch with me. ~y telephone n~mber is
516-477-9675.
Yours truly,
Lawrence J. Matzen, Chairm~n
~arine Committee, G.B.E.N.A., Inc.
cc: Southold Town Board of Trustees
(Page 2 of 2)
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVIT8 FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
April 6, 1992
Eastern Permits Section
SUBJECT: Comments Received in Response to Application No.
92-0111-L2, by Gardiners Bay Estates Homeowners
Association, Inc.
Mr. Lawrence J. Matzen
Marine Chairman
Gardiners Bay Estates Homeowners Association',
East Marion, New York 11939-0004
I nc.
Dear Mr. Matzen:
Correspondence expressing concern regarding the subject
application has been received by this office. Copy of the
letter from Mr. Warren Sambach Jr. RA is enclosed.
It is requested that you provide a response and/or
rebuttal to the items raised in the attached correspondence.
You may elect to voluntarily contact Mr. Sambach to resolve
his concerns with the proposal. However, this is not
mandatory.
If you have any questions, please contact Ms. Sophie
Ettinger of my staff at (212) 264-3912.
Enclosure
c~incerely,
f~.a~.es W. Haggerty%/~ _ .
~ief, Eastern Permits Sectxon
SAMBACH ASSOCIATES
Architects
11 Halter Lane
LEVITI*OWN, NEW YORK 11756
Phone 731-5506
ToDepartment of the ArmY
NY District* Corps of Engineers
Jacob K. Javitz
N.Y. N.Y. 10278-0090
James W. Haggerty
Chief, Eastern Permits Section
LETTER
Date April 1, 1992
SubjectApp. #92-0111-L2
by*Gardiners Bay
Estates Homeowners Assoc.
Dear Mr. Haggerty:
with regard to the above application I would like to submit the follow-
ing: a copy of the plans with some comments of mine, a copy of my letter
to the Southold Board of Trustees and a copy of the Town Trustees,
Town of $outhold Wetland Ordinance Hearing Calendar. Please note that
the application before the Town Trustees is the same application by
Gardiners Bay Estates Homeowners Association as your*file number 92-0111-L2
The plans, as submitted to you, show both %n plan and section, 9
pi*les for the proposed new catwalk ramp and floats. I question the
"piles" shown or indicated on the catwalk and ramp-are these piles? I
also question the piles shown in the middle of the intertidal marsh. *These
piles should be on either side or end of*the intertidal march as I have
marked on the plans you sent me. I also question the amount of piles?
The plans you ~' sent me show 9 piles and the Town Tr0stee notice says *
3 piles. There are some serious discrepancies on these plans, from what
is shown, what is written and what is required.
Although the zoning, use of the property, and the D.E.C. requirements
do not come directly under the Department of the Army NY District Corps. of
Engineers there are some further "adjustments" and "requirements'' that I
feel are necessary, at the Town, and D.E.C. level, and some minor dredging
for the relocated catwalk, ramp and dock.
[] No reply necessery
51GNEO
Please reply
To
SAMBACH ASSOCIATES
Architects
11 Halter Lane
LEVI]-rOWN, NEW YORK 11756
Phone 731-5506
LETTER
Date April 1, 1992
Subject
Page 2 of 2
I would also like to receive a copy of any' c6rrespondence of comments
and/or approval that the Corps. sends to the Gardiners Bay Estate Home-
owners Association Inc.
Thanking you in advance for your time and consideration.
Sincerely,
Warren Samb~¢1
AND adjoining
husband of L~
of record
~ct
lroperty owner
Sambach, owner
P.S. Please address all
correspondence to:
Sambach
Warren and Lani Sambach
11 Halter Lane
Levitt0wn,'NY 11756
Please reply
[] No reply necessary
:~u~;lasuooi
CROSSECTION
DO;.<.
C. OH..~T~,UC, T; ,:' r.-i
~: Dogwood
Catwalk
& Dock
Spring Pond,
East Marion
A~oZ Gardiners
Bay Estates
owners Assn.,Inc.
Consultant:
L. J. Matzen
Dated: 3/4/92
460 Bayv{ew Drive
East Marion,NY 11939
Mailing Address
-11 Halter Lane
Levlttown, NY 11756
March 23, 1992
John M. Bredemeyer III
President, Board of Trustees
Town of Southold
Town Hall
~4aln Rd.
$outhhold, NY 11971
SubJect:Gardlner's Bay Estate
Homeowner's Assoc.
]'own Trustee Meeting
March 26, 1992
Dear Mr. Bredemeyer~
It has been brought to my attention that the Gardlner's Bay Estate
Homeowner's Association of East Mar[on ha~ filed an application along with
plans 'for a. catwelk and floating dock for four boat slips and to relocate
an existing catwalk and a two boat float in Spring Pond, East Marion, N.Y.
I am against this proposal.
As a member of this Association, as the ad.Joining property owner, es
the present owner of the "to be relocated" catwalk and as a Registered
Architect In the'State of New York, Florida and Arizona I respectfully
submit this letter based on my review of the plans and application of the
Association,
The plans do not accurately describe the conditions that exist at the
site. A survey was prepared for the Asspciatlon bY Roderlck Van Tuy1,
P.C. There are serious discrepancies between the Association's plot plan
and the survey~ specifically %he MHW line, the MHL line and the spartlna
grass location. In fact there ~S no indication of any spartlna grass on
the plot plan end there Is substantial spartina grass in the area of the
proposed and relocated catwalks as per the survey.
Acco~ding tO %he plans and Section depicting the proposed
construction, a hinged catwalk is shown approximately in the middle of the
spartina grass. If built according to plan, this catwalk would not remain
the constant 4'-0" above the spartina grass as required by the Department
of Environmental Consergation. The plans have a general note "minimum of
4'-0" above the spa~tina" but with the hinged catwalk the approach ~o
this hinge is not 4'-0" above the spartina nor Is the hln~ed Section down
to the floating docks, both are sh6wn on an angle. There should be a
"fixed" section of the catwalk 4'-0" above the spartlna with a hinged
apprgach ramp at one end end a hinged ramp down to the floetin~ dock at
the other end. The width of the spartina from the MLW line to the edge of
the landwood side of the spartina is approximately 8'-0" %o 10'-0" w~de.
A fixed 8'-0" to 10'-0" catwalk, 4'-0" above the spartina has ~ be
provided. From this fixed catwalk a sloped catwalk approach could be
attached as well as a hinged catwalk down to the floating dock.
I do not feel the plans should be approved without ahowing what !
have.described above. The proposed catwalk, in order to meet the code,
must be built this way{ it will ~ow protrude further out into the pond
than as shown. Although this is not the Town Trustees concern, the new
length of the dock will impact on the boats travelling in and out of the
pond and on the boats moored in this area.
The existing catwalk that is to, be relocated approxlmatley 12'-0"
east has existed in its p~esent location for approximately 25 years which
.was prlo~ to the Gardlner Bay Estates Homeowners Association becoming the
owner of the property. The catwqlk was built in 196T by the former owner
of my house. Gardiners Bay Estates became the owner's of the property iR
1974. Since this non-conforming catwalk is p~oppsed to be relocated it
too would have to conform to the present day requirements for a catwalk
over spartina grass Cas previously outlined). Once again, the submitted
plans do not reflect that fact nor address any dredging that might have to
be done in order that any boats tied to this float would not "sit on the
bottom" at low tide. If even minor dredging is required, the proper
permits should be filed for with the NYS DEC and the Corps of Enginee~
and show where the dredged materials (spo~lls) will be deposited.
T~e proposed catwalk and float will be for Association Members' boats
and Association Members' use (a public area). A handrail must be
installed aS per the New York State Building Code Sec. 713.1fl)fl) and
and (4) and the Life Safety Code of the State. This handrail should be
50"-36" high and" shall be designed to 'resist a lateral impact at the top
equivalent to a minimum linear load of 50 lb. per foot," Sec. 803.9(b).
The railings or vertical members should have not more than 6" spaces
between them. The plans as submitted do not reflect these code
~~equirements,
The plot plan also fails to show the location of another catwalk and
two boat float on the Association properiy in question. This catwalk is
correctly identified and placed on the survey prepared for the
Association by Van Tuyl. This catwalk and float also have been in
existence since 1967.
I further trust that this application complies with the Town Zoning
Requirements for the Residential Zone (R-40) in which the property is
located.
Thank you for your time and consideration.
h
Architects
.~}~1)8 HnLD ,ny ~IIS _TOWN
1'OWN HALL .MAIN
:~OUTHOLD, NEW YORK ON
]~,.TllB. FOgLOWINO APPLiCA-.
~ON$.FOR PERMITS UNDER
LAND ,ORDINANCg OF TI .
..eppnemlo. of .timer McMahon on
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,, 10 0~ t~ble yaada o~ de~ sand
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lends wi I be provided by a i~nl ' · · ~ral Plaza New York.
F~s wM ~ mod fa ~ ~hs~u-' ' r~m~ ~ b~s ~ ~ ~ ~.~ ~;~: Ny. County TaxMo
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f~l~eq~yd~o~m~-: . ,..~O~NewY~II~(~.~'~,~d ' '
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LAW OFFICES
MARIE ONGIONI
21 ~ FRONT STREET
P.O. BOX 562
GREENPORT, NEW YORK 11944
I
i\t OF SOUTHOLD
TEL. (516) 477-2048
FAX (516) 477-8919
April 14, 1992
Matthew Kiernan
Assistant Town Attorney
Town of Southold
'Southold, New York 11971
Re: Gardiners Bav Estates Homeowners Assoc.
Board of Trustees
Dear Matt,
My associate spoke to Linda Kowalski at the ZBA today and she
confirms that Section 100-31 C(3)(a) has been previously
interpreted by the ZBA as we had anticipated in my letter to you
of April 8, 1992. The ZBA found in the Delalla matter decided in
1981 that the owner of the property may have docking for no more
than two boats other than (i.e. tn addition to) those used by the
owner of the premises for [his] personal use. In other words, the
owner can dock as many boats as the owner wants to dock at the
site.
Based on the above, I ask that you advise the Board of
Trustees that the application from Gardiners Bay Association for
a four (4) boat docking facility not be held in abeyance pending
an interpretation of this section. The Association's application
is within the number of boats allowed under the code. Since we
anticipate that other matters will need to be addressed by the
Board of Trustees before this application can be granted, I ask
that you advise them that the number of boats is not an issue so
we can proceed and avoid unnecessary delay.
Thank you for your cooperation in this matter.
Very truly yours,
MARI ~. ONGIOffl~
.CLB/smm
cc: Larry Matzen, Gardiners Bay Estates Homeowners Association
Linda Kowalski, Zoning Board of Appeals
John M. Bredemeyer III, Board of Trustees
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVlT$ FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
MARCH 26, 1992'
Eastern Permits Section
SUBJECT: Application No.92-O111-L2 by Gardiners
Homeowners Association Inc.
Bay Estates
To Whom It May Concern:
The New York District, Corps of Engineers has .received a request
for Department of the Army authorization for the following activity:
ACTIVITY: Construct a 3 foot by 20 foot fixed pier, elevated
a minimum of 4 feet above grade of the marsh, a 3 foot by/6 foot
ramp, a 4 foot by 24 foot float with two 3 foot by 14 foot finger
float secured to three piles; and move existing piers 12 feet
eastward.
IH: Spring Pond, Gardiners Bay
AT: East Marion, Town of Southold, Suffolk County, New York
APPLICATIOtl BY: Gardiners Bay Estates Association, Inc. P.O.Box 342
East Marion, New York 11939
As this work is minor in nature, authorization may be by Letter
of Permission. This is in accordance with current Federal
Regulations goVerning work in navigable waters of the United States.
To accomplish the coordination required, prior to the issuance
of a Letter of Permission, your review of the enclosed drawing(s)
is requested.
Pursuant to Section (c) of the Coastal Zone Management Act
of 1972 as amended [(16 U.S.C. 1456 (c)], the applicant .has certified
that the activity complies with and will be conducted in a manner
that is consistent with the Coastal Zone Management Program of
the State of New York
To allow for the timely processing of the subject application,
your comments are requested within 15 days of the date of this
letter.
Sincerely,
/~4~es W. Haggerty ~J
(~ief, Eastern Permits Section
Enclosures
OROS~JEOTiO N
0 lO'
~CALE /" =/0/
& Dock
Spring Pond,
East
ADD]/ Ga~diners
~ay Estates
owners Assn
Consultant:
L. J.
Dated:
Z'--',x ,
%
%
owners ~$.~ T~C.,:~
- !Consultant:
L;J. Matzen
L- ...... .~_~ . I Dated: 3/4/92
460 Bayvlew Drive
East Marion,NY 11939
Mailing Address -11 Halter Lane
Levittown, NY 1
March 23, 1992
John M. Bredemeyer III
President, Board of Trustees
Town of Southold
Town Hall
Main Rd.
Southhold, NY 11971
2. 5
[OWN OF SOUTHOLD
SubJect:Gardiner's Bay Estate
Homeowner's Assoc.
Town Trustee Meeting
March 26, 1992
Dear Mr. Bredemeyer:
It has been brought to my attention that the Gardlner's Bay Estate
Homeowner's Association of East Marion has filed an application along with
plans for a catwalk and floating dock for four boat slips and to relocate
an existing catwalk and a two boat float in Spring Pond, East Marion, N.Y.
I am against this proposal.
As a member of this Association, as the ad,Joining property owner, as
the present owner of the "to be relocated" catwalk and as m Registered
Architect in the State of New York, Florida and Arizona I respectfully
submit this lette~ b~sed on my review of the plans and application of the
Association.
The plans do not accurately describe the conditions that exist at the
site. A survey was prepared for the Association by Roderick Van Tuyl,
P.C. There are serious discrepancies between the Association's plot plan
and the survey: specifically the MHW line, the MHL line and the spartina
grass location. In fact there is no indication of any spartina grass on
the plot plan and there is substantial spartina grass in the area of the
proposed and relocated catwalks as per the survey.
V
According to the plans and Section depicting the proposed
construction, a hinged catwalk is shown approximately in the middle of the
spartina grass. If built according to plan, this catwalk would not remain
the constant 4'-0" above the spartina grass as required by the Department
of Environmental Conservation. The plans have a general note "minimum of
4'-0" above the spartina" but with the hinged catwalk the approach to
this hinge is not 4'-0" above the spartina nor is the hinged-section dow~
to the floating docks, both are shown on an angle. There should be a
fixed section of the catwalk 4 -0 above the spartina with a hinged
approach ramp at one end and a hinged ramp down to the floating dock at
the 'other end. The width of the spartina from the MLW line to the edge Of
the landwood side of the spartina is approximatel7 8'-0" to 10'-0" wide.
A fixed 8'-0" to lO'-O" catwalk, 4'-0" above the spartina has to be
provided. From this fixed catwalk a sloped catwalk approach could be
attached as ~ell as a hinged catwalk down to the floating dock.
I do not feel the mians should be amproved winhout showing what i
nave described above. The proposed catwalk, in order to meet the code,
must be built this way: it will now protrude further puc ln~o the pond
than as shown. Although this is not the Town Trustees concern, the new
length of the dock will impact on the boats travelling in and out of the
pond and on the boats moored in this area.
The existing catwalk that is to be relocated approximatley 12'-0"
east has existed in its present location for approximately 25 years which
, was prior to the Gardiner Bay Estates Homeowners Association becoming the
owner of the property. The catwalk was built in 196Y by the former owner
of my house, Gardiners Bay Estates became the owner's of the property in
i974. Since this non-conforming catwalk is proposed to be relocated it
too would have to conform to the present day requirements for a catwalk'
over spartina grass (as previously outlined3.. Qnce again, the submitted
plans do not reflect that fact nor address any dredging that might have to
be done in order that any boats tied to this float would not "sit on the
bottom" at low tide. If even minor dredging is required, the proper
permits should be filed for with the NYS DEC and the Corps of Engineers
and show where the dredged materials (spoils) will be deposited.
The proposed catwalk and float will be for Association,Members' boats
and Association Members' use (a public area). A handrail must be
installed as per the New York State Building Code Sec. ?l~.l(f)(1) and (5)
and (4) and the Life Safety Code of the State. This handrail should be
30"-36" high and" shall be designed to resist a lateral impact at the top
equivalent to a minimum linear load of 50 lb. per foot," Sec. 80~.9(b).
The railings or vertical members should have not more than 6" spaces
between them. The plans as submitted do not reflect these code
requirements.
The plot plan also fails to show the location of another catwalk and
two boat float on the Association property in question. This catwalk is
correctly identified and placed on the survey prepared for the
Association by Van Tuyl. This catwalk and float also have been in
existence since 1967.
I further trust that this application compiies with the Town Zoning
Requirements for the Residential Zone (R-gO) in which the property is
located.
Thank you for your time and consideration.
Architects
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION,'INC.
East Marion, New York 11939
~;arch 9, 1992
Depart~ent of the '
;U[ District Corps of Engi~:eers
Jacob E. Javits Federal Building
New York, ~.~ 1027e-C,.~90
Attention: James ~';. Haggerty
Re: Application "~ 92-0111-L2: by Gardiners
Estates Homeowners Association, Inc.
Dear Sirs:
To comply with your letter of February 4, 1992,
enclosed please find revised cross-sectio:, showing
an additional length of 4' to catwalk.
Yours tru~ /
Lawrence J. ~_~atzeu
i!arine ~' '
~cc: Town of
D.E.C.
Southoid
G. DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVIT$ FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
EpLy TO
February 4, 1992
Eastern Permits Section
SUBJECT: Application No. 92-0111-~2, by Gardiners Bay
Estates Homeowners Association, Inc.
Mr. Lawrence J. Matzen
Marine Chairman
Gardiners Bay Estates Homeowners Association,
East Marion, New York 11939-0004
Inc.
Dear Mr. Matzen:
The following is in regards to the subject application
to construct a 3 foot wide by 16 foot long fixed pier dock
elevated a minimum of 4 feet above grade, install a 3 foot
wide by 16 foot long ramp, a 4 foot by 24 foot float with two
3 foot by 14 foot fin~er floats, and three piles, and to move
an existing pier 12 f~et eastward in Spring Pond, Gardiners
Bay, at East Marion, Suffolk County, New York.
We have received your letter dated January 21, 1992 and
the supporting documentation. Based on our previous
experience with the Federal environmental agencies, we
recommend that you extend the ramp as necessary to insure
that a-minimum depth of 2 feet at mean low water will be
available to avoid foreseeable objection on this matter in
the future, and to revise the submitted drawings accordingly.
Once we have received such drawings, we will resume
processing your application. If you have any questions,
please contact Mr. Roberto Barbosa of my staff at (212) 264-
6730.
Sincerely,
/James W. Haggerty ' .'"~
· Chief, Eastern Permits Section
March 9, 1992
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939-0004
Board of Trustees
Town of Southold
Southold, NY 11971
TOWN OF SOUTHOLD
Re: Dogwood Lane r/o/w Dock Project
Dear Sirs:
Enclosed please find (1) ~etter from Department of Army
dated 2/4792~ and (2) our respQnse dated 3/9/92 with the
requested revised drawings.
Therefore, in order to comply with the above, we request
an amendment to our project increasing the length of the
catwalk fro~u 16' to 20'.
For your information, we are
correspondence, and response,
Yours very truly .
Lawrence J. ~'
Marine Chairman
also enclosing recent
with the D.E.C.
Enc.
'" 1992
~,arch 16,
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC,
East Marion, New York 1193,~
TOWN '"r' ,,-, ,
NYS'Dept. of Environmental Conservation
Division of Megulatory Affairs
~egion 1 Stony Brook
SUEY Ca~pus, Bldg 40, ~oo~ 219
Stony Brook, MY 11790-2356
Attention: Darlene ~'. Gerbino
Dear Sirs:
Applicant proposes to construct: a 3'x20' catwalk (elevated
4' over grade at vegatation) and 6 CCA wood piles; 3'x16'
ramp; 4'x24' float with 2 - 3'x14' fingers and 3 CCA wood
piles; also to ~tove 12' east, existing 3'x12' catwalk and
2 CCA wood piles and 2'8''x16' ramp and 6'4"xl5'float with
3 seamonal galvanized pipe piles; all work on Association
right of way and pond property.
Yours very truly,
Marine Chairman
Enc: Revised Project and Crossection Plans
Revised Short Enviromental Assessment Form
Z --,,
i, iA Iii 0 N
~¢~LE. /" =/D/
~: Dogwood
Catwalk
& Dock
Spring Pond,
East Marion
Appl: Gardiners
Bay Estates F£me-
owners Assn.,Inc.
Consultant:
L. J. Matzen
Dated: 3/4/92
14-164 (~/8~)--Text 12
¢
IPROJECT LO. NUMSSR I 617.21 SEQR
Appendix C
Stats Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT 'FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPUCANTISPONSOR Sardiners ~ay Estates I 2. PROJECT NAME 'DOgWood Lane
Homeowners Assoc... T~c. I t~l nn~.t
3. PROJECT LOCATION:
Municipality East Marion. Southold Town County
4. PRECISE LOCATION (Street oddreea and road interseetlone, prominent landmarka, etc., o~ provide mag)
End of Dogwood Lane, near Bayview Drive,
East Marion, NY 11939
right of way
Gardiners Bay Estates,
5. IS PROPOSED ACTION:
~ New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct: a 3'x20' catwalk(elevat,~)
;d 4' over grade at vegatation) and 6 CCA woodpiles; 3'x16' ramp; 4'x24'
float with 2 3'x14' fingers and 3 CCA woodpiles; also to move 12' east, ex-
isting 3'x12' catwalk and 2 CCA wood piles and 2'8'.'xl6'ramp and 6'4"x15'
float with 3 se. asonal galvanized pipe piles; all work on Association right
of way and pon~ proper~y.
7. AMOUNT OF LAND AFFECTED:
Initially .013 acres Ultimately .0 1 ~ , acres
6. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yea [] NO If No, deeorlbe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture . [] Park/ForeeUOpen apace ~ Other
o~c,~: A~s0ciation right of way and private recreational, boat
!docking and boat launching. "-'
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL}?
....... I-~yee [] NO If yes, list agency(e) and permlt/approvala ~ -' -, ...... · ~ ~ ~ · ~,
Town of Southold, US Army Corps of Engineers .,:~, :,r~.,~
11. DOES ANY ASPECT OF THE ACTION HAVE A ~URRENTLY VALID PERMIT OR APPROVAL?
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? " / ~
'Al)pllcanUeponsor name: Lawrence ~. Matzen
Signature: ~'-' '~ /~'"'-~ '~ -
-
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
' ~/16/9Z
Cate:
OVER
PART ii--ENVIRONMENTAL ASS~!,.....~MENT ,(To be completed by Agency) %
A. DOES ACTION E~CEEu ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and uso the FULL EAF.
[] Yes' [] No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration
may be superseded by another involved agency.
[] Yes [] No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwrilten, il legible).
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, amhaoclogloal, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:.
Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A sommunlty's existing plans or goals aa officially adopted, or a change In usa or Intensity of use of land or other natural resources? Explain brlefl
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
Long term, sheet term, cumulative, or other affects not identified in Cl-C57 .Explain briefly.
Other Impa~te (including changes In uso of either quantity or type of energy)? Explain briefly.
D. IS THERE- OR IS THERE UKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACl~?
[] Yea [] No If Yes, explain briefly _ -. _
~ rAJ ~ . ~ ....... v .
PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency)
INSTRUCTIONS: For eech'edveme effect Identlfle~ above, determine whether It Is substantial, large, Important or otherwise significant.
Each effect should be assessed In connection with Its (a) setting (i.e. urban or rural); (bi probability of co~urrlog; (c) duration; (d)
Irraverelblllty; (e) geographic scope; and (fi magnitude. If necsssa~, add attachments or reference supporting materlel~, Enaura that
explanations contain sufficient detail lo show that all relevant adverse Impacts have been identified and adequately eddrasaed,
[] Check this box If you have Identified one or more potentially large or significant adverse Impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. - .... ~ ~ --. ~.~
[] Check this box If you have determlnec, based on the Information and analysis above and any supporting
documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts
-- - AND provide on attachments as necessary, the reasons supporting this determination:
~ilnatum of Responsible Officer in L6a. A~ency s ' '~ '~' $~atum ~ P~rer (11 ~ ft~t f~ ~s~ officer
14-16-2 (2/B7}-- 7c
617.21
Appendix A
Slate Environmental Quality Reviev
FULL ENVIRONMENTAL ASSESSMEN
Purpose: ]he full EAI' is designed to help aplrlicants and afencies determine,
~c~r:~r, ~,hether -a protect
or action may be siGnificant l he question of whelher an action may be si§uificant is not always easy to answer. Frequent-
Iy, there are aspects of a protect that are subjective or unmeasureahle. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addilion, many who have knowled§e fir one particular area may not be aware of the broader concerns affecting
tile question of si§nificance.
1 he full tAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Componenls: The full EAF is comprised of three parts:
Parl 1: Provides objective data and information about a siren project and its site. By identifying basic project
data, it assists a reviewer in tile analysis that takes place in Parts 2 and 3.
Pad 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whi~'ther an impact is likely to be considered small to moderate or whether it is a potentially-
large impact. The form also identifies whether an impact can be mitigated or reduced.
Parl 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions
Idenlify the Porlions ol EAF completed for this project:~,~ Part I ~' Part 2 I-1Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
A. The project will not result in any large and important impact(s) and, therefore, is one which will not
have a Significant impact on the environment, therefore a negative declaration will be I~e~a~ed.
[] B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declarallon will be prepared.*
[] C. The proiect may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a posilive declaration will be prepared.
~ A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of ~ction
Name of Lead Agency
Print or Type Name of Responsible Oflficer. in Lead Agency Title of Responsible Officer
~1~'gnature of Res1~onsible Officer in Lead Agency Signature of Preparer (If different from responsible officer)
Date
PART 1--PROJECT INFORMATION
Prepared by Projec! Sponsor
NOTICE: Tbis docnrrmnt is designed to assist in determining whether the action proposed may bare a significant effeci
on tim environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered
as part of the application f(w approval and may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete Parts 2 and 3.
II is experted that completion of tim full EAF will be dependent on information currently available and will not involve
new s(udies, research or investigatiml. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION
LOCATION OF ACTION (Include Streel Address, Municipality and Counly]
NAME OF APPLICANT~PON~R
ADDRESS
· ' STATE ZIP CODE
NAME OF OWNER (If dlffeee~t) BUS LEr
ADDRESS
CITY/PO
STATE [ ZIP CODE
Please Complele Each Quesllon-Indicale N.A. if not applif:able
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: I-lOrban Dlndustrial [-ICommercial I-IResidentia] (suburban)· [:]Rural (non-farm)
2. Total acreage of project area: acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pa.sture, etc.) acres acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) o O i ~, acres .o1'5 acres
Water Surface Area acres acres
Unvegetated (Rock, earth or fill) acres acres
Roads, buildings and other paved surfaces · , acres acres
Other (Indicate type), acres acres
3,' Whal is i)redominant soil type(s) on project site;~ $/-/
a. Soil draina§e: I~Well drained /00 % of site r-IModerately well drained % of site
[.]Poorly drained % of site
b. If any agricullural land is involved, how many ~cres of soil are classified within soil group I through 4 of the NYS
[.and Classific-alion Syslem~ ~ acres, (See 1 NYCRR 370).
4. Are Ihere bedrock outcroppiugs on project site~ I~Yes
a. What is depth to bedrock? (in feet)
2
5. Approximate percentage of proposed proiec~ site with slopes: [~0-10% ./tq O % ~]10-15% %
J~15% or greater %
6. Is protect substantially conllguous to, or con,tain~a building, site~ Or district, listed on the State or the National
Registers of Historic I'lacest EWes ~2~T, No
7. Is proiect std)stantially contiguons to a site listed on the Regisler of-National Natural Landmarks? l-lYes J~No
g. What is the depth of tile water table? '/'/D,~J- (in feet)
9. Is site located over a primary, principal, or sole source aquifer? E]Yes J~No
10 Do hunling, fishing or shell fishin~ opportunilies presently exist in tire project area? E]Yes J~No
11 il(les protect.site contain any species of plant or animal life that is identified as threatened or endangered?
[.lYes J~No According to
Identdy each species
12. Are there any unique or unusual land Iorms on the project site? (i.e., .clif(s, dunes, other geological formations)
~Yes ~I~,N o Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
~l[Yes [.]No If' yes, explain ~"5/D,4-T"~OC/CI,U
14. Does the present site include scenic views known to be important to the community? ~Yes ~No
15. Streams within or contiguous to project area: /J O
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas witbii~ or contiguous to project ama:
a. Name ~,r'Z/,,t)~' ~o/J~ b. Size (In acres) ~, ~
17. Is the site served by existing public utilities? E]Yes [~No
_ar If Yes, does sufficient capacity exist to allow connection? I-lYes C]No
b) If Yes, will improvements be necessary to allow connection? I-lYes E]No
lg. Is the site located in an agricultnral district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? [~Yes ,~No
19. Is the site located in or substantiall~.,j~tig~'~ Critical E_n~ronmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177,~...J~es ~,/,~,.~'J,~
Ha~ the site ever Been used fo~,t~s;al o-6T~/~solid or hazardoos wastes? i-lyes ,~No
B. Project Description
1. Physical dimensions and scale of project ri,ill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
b. Project acreage to be developed: ,~i~ acres initially;
c. Project acreage to remain undeveloped I~/h acres.
d. Length of project; in miles: /d//¥ (If appropriate)
e. If tire project is an expansion, indicate percent of expans!on proposed / %;
f. Number of off-street parking spaces existing i~ ; proposed
g..Maximum vehicular trips generated per honr ,d,/,~ (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure .,U//~- height; width;
i. Linear feet of frontage along a public thoroughfare project will occupy is?
~;> acres.
· o/'~ acres Ultimately.
Condominium
I~ngth.
ft.
¢
2. I Iow mud~ natural material (i e., rock. ~rtEi- etc.) will be removed from th'e site? f~ tons/cubic yards
3. Will distorbed areas be reclaimed,~ [:~]Yes C]No ~fN/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? [:]Yes
c. Will upper subsoil be stockpiled for reclamation? []:]Yes f'-iNo
4. Ilow many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~) acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this protect?
OYes .~No
6. If single phase project: Anticipated period of construction ,/ months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated / (number).
b. Anticipated date of commencement phase I month
c. Approximate completion date of final phase month'
d. Is phase 1 functionally dependent on subsequent phases? I-lYes I-'lNo
8. Will blasting occur during construction? []-lYes ~No
9. Number of jobs generated:"during construction ~u//¥ ; after project is complete /~J//¥
10. Number of jobs eliminated by this project ,.~///.,~
11. Will project require relocation of any projects or facilities? ,~Yes r'lNo If yes, explain
12. Is surface liquid waste disposal involved? i-lYes
a. If yes, indicate type of waste (sewage, industrial, etc.) a. nd amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? OYes [2~1o Type
1fl. Will surface area of an existing water body increase or decrease by proposaff I-lYes lJ~o
Explain
year, (including demolition).
year.
15. Is project or any portion of project located in a 100 year flood plain? [3Yes J~qo
16. Will the project generate ~01id waste? [3Yes [~No
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? ' []-lYes FINd
c. If yes, give name ; location
d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill? I-lYes I-INo
e. If Yes, explain .
17. Will the project involve the disposal of solid waste? []-lYes ,Ig[No
a. If yes, what is the anticipated rate of disposal? tons/month:
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? [3Yes ,,F~No
19. Will project routinely produce odors (more than one hour per day)? F'lyes
20. Will project produce operating noise exceeding the local ambient noise levels? OYes
21. Will project result in an increase i~' energy use? I-lYes [~,No
If yes , indicate type(s)
22. If water supply is from wells, indicate pumping capacity /J//¥ gallons/minute.
23. Total anticipatf'd water usage per day I~J/~ gallons/day.
24. Does project involve Local, State or Federal funding? I-lyes [~o
If Yes. explain
I~No
4
25. Approvals Required:
C
Submittal
Type Date
City. Town. Villak Ih~ard
City, Town. Village I'lanning Board L~Yes t-]No
City, Town Zc, mn~t Board E]Yes ~No
City. Connh Ik.,:hh Department ~Yes ~No
Other Local Agencies []Yes I~No
Other Regional Agencies EJYes UNo
Slate Agencies ~Yes [3No
Federal Agencies ~Yes ~No
C. Zoning and Planning Information
I Does proposed action involve a planning or zoning decision? [Z]Yes J~No
If Yes, indicate decision required:
LJzoning amendment F~zoning variance [Z}special use permit E]subdivision ~site plan
[Zlnewirevision of master plan ~resource management plan ~other
2 What is the zoning classification(s)of the site? ~ ~o
3 What is lhe maximum polential development of the site if developed as permitted by the present zoning?
4 What is the proposed zoning of the site?
What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes ~No
7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action?
8. Is the proposed action compatible with adjoining/surrounding land uses within a 'A mile? ~es ~No
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed?
10 Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes
11 Will tl~e proposed action create a demand for any community provided services (recreation, ~ucation, police,
fire protectionJ? ~Yes ~o
a. If yes, is existing capacity ~ufficient 1o handle~ projected demand? ~Yes ~No
12. Will the proposed action result in fl~e generation of traffic significantly above present levels? ~Yes ~No
a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No
D. Informational Details
Atlach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and tile measures which you propose to mitigate or
avoid them.
E. Verification
I certify that the information provided above is true to tile best of my knowledge.
the action is in Ihe Coaslal Area,~ you are a slale agency, complele Ihe Coaslal Assessmenl Form before proceeding
wilh Ihls assessmenl.
5
Part 2--PROJE'CT IMPACTS AND THEIR MAGNITUDE
Respnnsibilily o[ Lead Agency
General Iniormation (Read CarefuUy)
· In (~nnph,ling lh~, form d~e r~,vi~wer dmuld be gui(h,d hv dm question: Have my respons~,s and determinations been
reasnnable? Hie reviPwer is not expecle([ to h~, an exp~,rl environmental analyst.
· I(h,n/if~ing that an impact will be potentiMIy large tcolumn 2) does not mean that it
Any large impa~ { mu~t be evalualed in P,~Ri 3 to determine significance. Identifying an impact in '()lumn 2 simply
asks that ithe looked at furtlmz
· 1he Examples provided a~e to assisl the re~i~,w.:~ by showin[ types of impacts ~nd wherever possible the threshold of
ma~nihMe tt~at would tri~er n response in column ~. '1 he examples are ~enerally applicable throughout the State and
for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential I.ar~e Impact response, thus requirin8 evaluation in Part 3.
· 1he impacls of each project, on each site, in each Iocaliw, will vary. Therefore, the examples are illustrative and
have been offered as ~uidnnce They do not constitute an exhaustive list of impacts and thresholds to answer each question.
· The number of examples per question does not indicate the importance of each question.
· In identifvin~ impacts, consider Ion8 term, short term and cumlative effects.
Inslrnclinns (Read careiully) .
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
h. Maybe answers should be considered as Yes answers.
c. II answering Yes to a question then check the appropriate box (column 1 or 2} to indicate the potential size of the
impact. I[ impact threshold equals or exceeds any example provided, check column 2. If impact will occor but threshold
is lower than example, check column 1,
d If reviewer has doubt about size o~ the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impnct, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
IMPACT ON LAND
1. Will the proposed action result in a physical change to t~t~ project site;~
{~HO BYES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot r~ej~e~lO0
foot of len§tb), or where the general slopes in the project' a~al,e'xceed
10%.
· Conslruction on land where the depth to the water table is less than
3 feet.
· Construction of paved parking area for 1,000 or more velric~st~
· Construction on land where bedrock is exposed or generally
3 leet of existing ground surface.
· Conslruction that will continue for more than I year or involve~
than one phase or stage.
· [xcavation for mining purposes that would remove more than
tons of natural material (i.?., rock or soil) per year.
· Cnnstrl~ction or expansion of a sanitary, landfill~/~
· Constructio~ in a designated floodway.
· Other impacts .~A~
2 Will there be an effect to any unique or unusual lahd~_forms found on
the site~ (i e.. cliffs, dunes, ge•logical formations, etc.]~NO i-lYES
.I)e(:dlc land forms:
I ,2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] []Yes []No
[] o es ON•
[] [] I-lYes •No
I-I [] []Yes []No
[] [] E]Yes r-IN•
[] [] OYes
[] [] [~]Yes []No
1_3 [] []Yes I--IN•
[] [] I-lYes []No
[] [] I-rYes []No
IMPACT ON WATER
Will proposed action a[[ect anV water body designated as protecled~
(Under Alii(les 15, 24, 25 of the £nvironmental Conservation I_aw, ECL)
Examples Ihat w~uld apply to (:olumn 2
I)evelopable area of silo contains a protected water body.
[)redRin~ more lhan 100 cubic var(is of material from channel ~
prolecled sheam
~ xlension of ufiliIv distribution facilities through a protected wale~
Conslruclion in a desisnated freshwater or tidal wetland
Other impacl5: ~)_
4 Will proposed action affect any non-protected existing or new body
of water~' ~NO I~YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body~,,~ter
or mo~e than a 10 acre increase or decrease.
· Constroction of a body of water that exceeds 10 acres of surfa~ea,
· Other impacts:
5. Will Proposed Action affect surface or groundwater
quality or quantity-~ DNO [~YES
Examples that wotdd arrply to column 2
· Proposed Action will require a discharge permit.
· .Proposed Action req~Jires use of a source of water that d~s not
have approval lo serve proposed (prelect) action.
· Proposed Action requires water supply from wells with great~r/t~an 45
gallons per minute pumping capacity.
· Construction or operation causing any contamination of ,Iflb~ter
supply system.
Proposed Action will adversely affect groundwater.
Liquid effluent will be conveyed off the site to facilities~w~hi~:h presently
do nol exisl or have inadequate capacity.
· Proposed Aclion would use water in excess of 20,O~allons per
day.
· Proposed Action will likely cause siltation or other d~et1~rge into an
axis(in8 body of water to the extent that there will be an obvious visual
contrast to natural conditions.
· Proposed Action will require the storage of p~troleum o/'~mical
products greater than 1,100 gallons.
· Proposed Action will allow residential uses in areas w~,ou~water
andlor sewer services.
· Proposed Action locates commercial a'nd/or industrial use~w/~'~)h may
require new or expansion of existing waste treatment a~'t/~r s't'orage
facilities.
· Otber impacts:
6. Will proposed action alter drainage flow or patterns, or surface
water rtmof[? l~'N O I-lYES
Examples that would apply to column 2
· Proposed Action would change flood waler flows. ,/~/'~
7
I 2 3
Small fo Potential Can Impac! Be
Moderate Large Mitigated By
impact impact Project Change
'1~ [] ~]Yes ~]No
[] [] I--lYes []No
[] L-] []Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~J ~Yes
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
~ ~ ~Yes ~No
· Proposed Aclion may cause substantial erosion /~'~
· Proposed Ac.lion is incompatible with existing drainage
· I'roposed Action will allow development in a designated flo~y.
· Other impacts:
IMPACT ON AIR
7 Will proposed action affect air quality~ '~O EYES
Examples that would apply to colunm 2
Proposed Action will induce 1,000 or more vehicle trips in any ~/'~
hour.
· Proposed Action will result in'the incioeration of more than 1 f
· Emission rate of total contaminanls will exceed 5 lbs. per ho
heat source producing more than 10 million [tlU's per hour.
· Proposed action will allow an increase in the amount ol land c(~'~ed
· to industrial use.
· Proposed action will allow an increase in the density ol inclu.~
development within existing industrial areas.
· Other impacts:
IMPACT ON PLANTS AND ANIMALS
II. Will Proposed Action affect any threatened or endang~ed
species? I~O r-lyEs
Examples that would apply to column 2
· Reduction of one or more species listed on the New York
list, using the site, over or near site or foond on tbe site.
· Removal of any portion 'of a critical or significant wildlily?b~tat.
· Application of pesticide or herbicide more than twice a ye.ar,~,~er
ti)an for agricoltural purposes.
· Other impacts:
9. Will I'roposed Action substantially affect non-threatened or
non-endangered species? J~O E]YES
Examples Ihat would apply to column 2
· Proposed Aclio~ubstantially interfere will, a~den~ or
migratory fisl~hellfi~r wildlife species.
· Proposed Action reqnires tim removal of more ~0 acres
of mature forest (over 100 years of a~) or other Iocally~important
~egetation
IMPACT ON AGRICULTURAL LAND RESOURCES
10 Will the Proposed Action affect agricoltural land r ources~
~NO ~YES
Examples dtat w6uld appl? to column 2
· ~l~e proposed actiou would sever, cross or limit a~a~ricultural
land (includes cropland, hayfields, pasture, v neyard.~o~hard, etc.)
1 2 3
Small to Polential Can Impact Be
Moderate Large Mitigated By
Impact Impact Proiect Change
[] [] [~]Yes {:]No
[] [] I-lYes I-]No
[] [] I-JYes r']No
[] [] I"~Yes []No
I-I [] i-lYes I-INo
[] [] E]Yes IZ/No
[] [] E/Yes []No
[] [] EIYes i--INo
[] [] [3Yes []No
[] [] E]Yes EINo
[] [] r-lYes' []No
[] [] I-lYes f-INo
[] [] IZ]¥es r-iNo
[] [] [~Yes E]No
[] []Yes r-INo
[] [] []Yes r-iNo
[] [] []Yes []No
!Construction activity would excavate or compact th~ so'~rofile of
agricultural land. / //'~
The proposed action would irreversibly convert.~re haj~ 10/acres
of agricultural land or, if located in an AgricJyti~taJ [~stricl~ more
than 2.5 acres of agricultural land. //
The proposed action would disrupt or prevent in#alla~tio 'o~ a..~cu h ral
land management systems (eg., subsurface drfin linC.C, outlet ditches
s rip cropp ng); or create a need for such measures (~.§. cause a farm
field to drain poorly due to increased runoff)
· Other impacts:
IMPACT ON AESTHETIC RESOURCE%
11 Will proposed action affect aesthetic resourcest .~/NO
(If necessary, use the Visual EAF Addendum in Sect5
OYES
617.21,
Appendix B.) /~ r
Examples that would apply to column 2 ~/ J
iProposed land uses, or project components obv]',~usly d~l it from
or in sharp contrast to current surrounding land.~s~ patt~ vhether
man-made or ,atural. // [ //
ProPosed land uses, or project componen,f~ vl~ibl~/t( ;ers of
aesthetic resources which will eliminate or s/~nific~a~l~ rt ce their
enjoyment of the aesthetic qualities of that/r/~sourc~. ~
Project components that will result in tbe/~imination or significant
· ' screening of scenic views known to be im~q~rtant to the area.
· Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure\or, historic, pre-
historic or paleontological importancei' /~1~ I-lyES
Examples that would apply to column 2 / ~ ~
· Proposed Action occurrinR wholly or partially w,~in or~,~ubs~antially
contiguous to any facility or site listed on the Sta~/~r Na~onal~egister
of historic places. // I /i /
· Any impact to an archaeological site or fossi~)~ec~ I,e'c ed~j~within tile
project site. //
· Proposed Action will occur in an area /d/e~gnated as sensitive for
archaeological sites on the NYS Site Invedt6ry.
· Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13 Will Proposed Action affect tile quantity or quality of ex)sting or
futtlre open spaces or recreationa opportunities?
Examples that would apply to column 2 [=]NO
· The permanent foreclosure of a future recreational opportunity.
· A maior reduction of an open space, important to the community.
· Other impacts: ~'~ // /~ ~
9
1 2 3
Small Io Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] []Yes []No
[] [] []Yes []No
[] [] i-lYes []Nc
[] [] [-]Yes [-]No
[] [] []Yes []No
[] [] t-lYes []No
[] [] []Yes []No
[] [] []Yes [-INo
[] [] DYes []No
[] [] []Yes []No
[] [] [-]Yes []No
[] [] DYes •No
~] [] []Yes []No
[] [] [-]Yes []No
~ [] DYes IDNo
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systen, s.~
. OYES
Examples that would apply to column 2
· Alleration of present patterns of movement of ireol:~N~,/~c~a~ goods.
· Proposed Action will result in major traffic prohler6s.
· Other impacts:
IMPACT ON ENERGY
15 Will proposed action affect the community's sour~ of fuel or
energy supply~ C~IO ,/~OYES
Examples ti,at would apply to column 2 /~ /// /
· Proposed Action will cause a greater than 5% incre~/~ in/(~he ~/~e of
any form of energy in the municipality. ,~ V ~
· Proposed Action will requile the creation or ext~4'sion of an energy
transmission or supply system t~o serve more than ~'O single or two family
residences or to serve a major commercial or industrial use.
· Other impacts:
NOISE AND ODOR IMPACTS
16. Will there be objectionable odors, noise, or vibra¥on as a result
of the Proposed Action? cI~NO OYES
Examples that would apply to column 2 ~x//~ '
· Blasting within 1,500 feet of a hospital, school or/(~e//~erJsitive"//I
f~cility. /
· Odors will occur routinely (more than one hour per day).
· Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
· Proposed Action will remove natural barriers that would act as a
noise screen.
· Other impacts: '
IMPACT ON PUBLIC HEALTH
17. Will Proposed Action affect public health and safetr~'o
OYES
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
suhslances (i.e. oil, pesticides, chemicals, radiation, elc.) in the/event of
accidenl or upset conditions, or there may be a clrroy~ic ~,.e~w ley~l~
discharge or emission. ,,
· Proposed Action may result in the hurial of hazardotls
form (i:e. toxic, poisonous; highly re.a. ctive, radioac~v?, irrYtatbfg,
infectiuus, et(:.)
· Slorage fncililies for one million or more gallons of liquified natural
gas or other flammable liquids.
· Propo~d action may result in the excavation o[' other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardous
waste.
· Olher impact~:
10
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
impact Impact Project Change
[] [] [:]Yes J--]No
[] [] F]Yes []No
[] [] [:]Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes {~No
[] [] I-lYes []No
[] [] ~Yes nNo
[] [] i-lYes FINo
[] [] []Yes. •No
[] [] . I -lYes []No
[] I-I OYes •No
[] [] i-]Yes FINo
I-I [] I-lyes []No
[] [] OYes ON0
O 1-] []Yes []No
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
8 Will proposed action affect tile character of the exist~ community?
~NO (3YES
Examples that would apply to column 2
The permanent population of the city, town or village tn whi~:h the
project is located is likely to grow by more than 5%. J ~
The municipal budget for ~apital expenditures or o~rat ng s~rvi~s
will increase by more than 5% per year as a result ~this project. ~
Proposed a~tion will conflict with officially adopt~ ~lans ~/goal~.
Proposed action will cause a change in the density~f ~and ~s~.J
Proposed Action will replace or eliminate existin~ f~ciliti~s,/tr~es
or areas of historic importance to the community/ ~
Development will create a demand for additional~ommunity services
(e.g. schools, police and fire, etc.) ~
Proposed Action will set an. important precedent for future projects.
Proposed Action will create or eliminate employment.
Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] []Yes I-)No
[] [] [:]Yes I-)No
[] [] [=}Yes I-)No
[] [] []Yes
· [] [] []Yes []No
[] [] I'-~Yes i'-] No
[] [] []Yes I-] No.
[] [] i'-~Yes []No
[] [] []Yes []No
19 Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts? I~0 OYES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Resl~onsibilily of Lead Agency
Part 3 must be prepared it one or more impact(s) is considered to be polentially large, even if the impacl(s) may be
mitigated.
Inslruclions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change{s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is imporlant.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or ~vill be controlled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the project relate to this impact·
(Continue on attachments)
TRUSTEES
John M. Bredemeye~, IH, President
Henry P. Smiih, Vice President
Albert J. IG'upski, Ir.
Iohn L. Bednoski, Ir.
John B. Tuthill
Telephone (516) 765-1892
Fax (516) 765-1823
March 12, 1992
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SUP~R%qSOR
SCOTt L HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Lawrence J. Matzen
P.O. Box 342
Dogwood Lane
East Marion, NY 11939
RE: Gardiners Bay Estates Homeowners Association
scTM #1000-37-4-17
· Dear Mr. Matzen:
This letter will confirm in more detail our conversation of
March 10 and 12, 1992.
The Southold Town Code Section 100-31 (3) (a) states that "There
shall be docking or mooring facilities for no more than (2)
boats other than those owned and used by the owner of the
premises for his personal use" as an approved accessory use in
the R-40 District.
As there is no mention of community docking facilities, it is
recommended that you seek an interpretation and determination
from the Town Attorney and Zoning Board of Appeals as to the
need or applicability of a variance for your proposal.
The Board of Trustees cannot proceed with your application u/ltil
these essential questions are answered.
Also, I must apologize for not noting earlier that your file did
not contain a completed Long Environmental Assessment form for
this project, a blank form is enclosed for your use.
V~~_~_y truly yours,
John M. Bredemeyer,III
President, Board of Trustees
JMB: jmt
cc: Town Attorney
Zoning Board of Appeals
Telephone
(516) 765-1801
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
TO: Southold Town Board of Trustees
FROM: $outhold Town Conservation Advisory Counci_
DATED: February 25, 1992
RE: RECOMMENDATION OF WETLAND APPLICATIONS
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
The following recommendation were made by the Southold Town Conser-
vation Advisory Council at its meeting held February 13, 1992:
On a motion by John Holzapfel, seconded by Bruce Loucka, it was
RESOLVED to recommend to the Southold Town Trustees disapproval
of Wetland Application No. 37-4-17 of G~rd~ers Bay Estates Home-
owners Association to construct a 3' x ~6' catwa!k~j-~-e~evation),
3' x 16' ramp; 4' x 24' float with two (2) 3' x 14' fingers and
three (3) piles; also, move existing catwalk 12' east. Ail work
on Association's ROW and pond property.
The Council recommends disapproval because it has a policy of
one dock, with .a capacity of four (4) boats on a single piece
of property. The Council does not wish to see marians developed
'by property associations.
Spring Pond, East Marion.
Vote of Counci: Ayes: All
Motion carried.
On a motion by Stephen Angell, seconded by Cynthia Sturner, it
Mas
RESOLVED to recommend to the Southold Town Trustees approval
of Wetland Application No. 122-4-32 of Robert Jm~n~en to construct
an 8' x 24'floating dock with a 3' x 16' ramp using CCA treated
lumber. The Council approves provided the applicant contain
runoff and maintain nataural vegetation on enbankments.
4500 Ole Jule Lane, Mattituck.
Vote of Council: Ayes: All
Motion carried.
The Council tabled Wetland Application No. 113-6-8 of Joyce
Deckenstein Lakin to add a second ~' x 20' float plus one 8"
diameter pile to existing dock to reach deep water. The Council
needs to determine who owns the mooring located off the dock
extension and wish to inspect the site with all members present.
830 Jackson Landing, Mattituck.
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albeit J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone' (516) 765-1892
Fax (516) 765-1823
January 23, 1992
SUPERVISOR
SCOTt L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Mr. John Holzapfel, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road
Southold, New York 11971
Dear Mr. Holzapfel:
Transmitted herewith is application No. 37-4-17 for a wetland
application submitted by Lawrence Matzen on behalf of Gardiners
Bay Estates Homeowners Association.
Please prepare a written report of findings and recommendations with
respect to this application.
Very truly yours,
John M. Bredemeyer, III
President, Board of Trustees
JMB: jt
January 21, 1992
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC. East Marion, New York 11939- 0004
OF SOUTHOLD
Board of Trustees
Town of Southold
Southold, NY 11971
Dear Sirs:
On October 19, 1991, the 3oard of Directors of Gardiners
Bay Estates Homeowners Association, Inc., resolved to
place a four Slip floating dock.in Spring Pond, on the
Dogwood Road right of way. The land and the pond bottom
is fully owned by the Association. It is the widest
Association right of way on the shoreline of the pond
(187' at MW).
We are enclosing, herewith, our applications for the
necessary permits.
Our boat rules do not allow flushing of toilets or
sleeping on boats overnight. The Marine Committee has
made a determination that "boats with operatable, flush
overboard, marine toilets will not be permitted to dock
or moor in Spring Pond".
We look forward to receiving a favorable review of the
attached permit applications.
Yours truly,
GARDIi~ERS B~_~v ESTATES HOMEOWNERS ASSOC.,
Lawrence'S-
Marine Chairman
INC.
~nc.
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Kmpski, Jr.
John L. Bednoski, Jr.
Joim B. Tuthill
Telephone (516) 765-1892
BOARD OF TOWN TRU ~~
TOWN OF SOUTHOLr
SCOI'I' L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
od, New York i 1971
($16) 765-1823
ne (516) 765-1800
TOWN OF SOUTHOLr
APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK
COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS,
ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS,
FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF
PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD.
APPLICATION NO.
APPLICANT' S NAME:
DATE
Gardiners Bay Estates Homeowners
Assn.. Inc.
Januar~ lb. 1992
TEL. NO. h77-9675
MAILING ADDRESS: P.O. Bo× 5h2; Do~wood T.a.: East Marion. l~f 11959
AGENT: Lawrence J, Matzen TEL NO. 477-~675
AGENT ADDRESS: P.0, Box ~42, Dogwood La., East Marion, NY 119~9
PERMIT REQUESTED TO: Applicant proposes to construct a 3'x16' catwalk
(el.v~ted h' over ~rade)~ 3'x16' rampi 4'x24'
and ~ piles; also, move existing catwalk 12'
right of w~¥ and pond property.
float with 2 - 3'xl4' finsers
east; all work 0n~ Assocmatlon
LOCATION OF PROPERTY FOR REQUESTED PERMIT: Spring Pond, East Marion NY
TOWN: Southold
TAX MAp NO: 1000- 037-4-17
I
'CREEK BAY OR HARBOR FRONTING PROPERTY: Orient Harbor
SIZE '$F PROPOSED WORK:
LENGTH: Catwalk '16 ', Ramp 16 ', Float 18 '
WIDTH~ Catwalk 3', Ramp 3', Float 24' "
· ¢ Cp
". Page 2.
YDS. TO BE EXCAVATED: none YDS. TO BE FILLED: none
MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: NA
From 90' to ~00'
WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY:
DEPTH AT LOW TIDE: ~ AVER. RIsE IN TIDE: 2.6'
DISTANCE TO NEAREST CHANNEL: 8Q0' to Bulkhead Channel
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: average same
AREA ZONING: ~ IS PROJECT FOR PRIVATE OR BUS. USE: Private
INTENDED USE OF PROPERTY: Private, As~0ciatioh recreational boat docking
DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: Private,AssoCiation
boat dockin~ and launching.
HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE,
OR DEPOSIT FILL ON SAID PREMISES: Yes
HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL
AGENCY: NO
DESCRIBE FULLY THE REHABILITATION OF PROPERTY:
None expected
DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE
AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY:
16' catwalk.
ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH ....
THIS PROJECT: NoWOULD PROHIBIT
WRITTEN CONSENT OF OWNER IF NOT THE SAME' AS APPLICANT:
NA
¢
COUNTY OF SUFFOLK )
STATE OF NEW YORK )
Lawrence J. Matzen
BEING DULY SWORN DEPOSES
AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND
THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE 'TO THE BEST OF HIS KNOWLEDGE
AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS
APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED.
IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR
AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES
IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
Signature of Ap~i~ant
SWORN TO BEFORE ME THIS ~\%%
EXAMINED BY
APPROVED
DISAPPROVED
CONDITIONS (If any)
SIGNATURE OF CHAI~4AN
COMPUTATION OF FEES
Approved 2/27/85
, 16' catwalk (elevated 4' over grade
/vegation); 3'x16' ramp; 4'x24' float
!with 2-3'x14' fingers and 3 piles; also~
!to move existing catwalk 12' east; all
iwork on Assoc. right of way and pond
.Applicant. Gardiners Bay Estates
/Purpose: Assoc. private recreational
// docking.
Datum: Mean low water
iLocation: 72~ 20 ' 23'")I/41~ 07 ' 09"W
s_cA _s 1"=30'
,SE
/" = I0'
I
.¥'x 20'
PROR
.~ ,.L~ 0'0'
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB Ko JAVITS FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
April 22, 1992
Eastern Permits Section
SUBJECT: Application No. 91-0111-L2, by Gardiners Bay
Estates Homeowners Association Inc.
Mr. Lawrence J. Matzen
Marine Chairman
.Gardiners Bay Estates
Homeowners Assocition, Inc.
East Marion,.New York 11939-0004
Dear Mr. Matzen :
At the joint permit processing meeting held on April
21, 1992,the Fish and Wildlife SeE;ice of the U.S. Department
of the Interior recommended that the proposed structure to be
a minimum 4 feet above the ground and no piles to be driven
into intertidal marsh. The National Marine Fisheries Service
and the U.S. Environmental Protection agency concurred with
the above recommendation.
You are hereby given the opportunity to address the
agencies' recommendations if they are not acceptable to you.
If they are, please submit revised drawings.
If you have any questions, please contact Ms.
Sophie Ettinger of my staff at (212) 264-6730.
Sincerely,
/~,~James W. Haggerty
Chief, Eastern Permits Section
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
April 29, 1992
Department of the Army
~(Y District Corps of Engineers
Jacob M. Javits Federal ~uilding
~ew York, ~Y 10278-90
Attention:
James W. Haggerty
Chief, Eastern Permits Section
Re: Application L'o. 91-Ol11-L2, Gardiners ]Say .'~states Honeowners Assoc.
Dear Sirs:
This letter is in respoose to your letter of April 22, 1992.
To comply with the recomnendation~ of Wildlife Service of the U.S.
Department of the Interior, the ;;ational r'arine Fisheries Service and
the U.S. Enverom:~ental Protection.~gency, we are sending you revised
Crossection and Project plan.";.
They will show the proposed structure to be a ~:~inim. um 4' above the
ground and no piles will be driven i'nto the intertidal marsh.
If tl~ere are any further questions, plea~e call i'.ie at 516-477-9675.
Yours tru].y,
I,awrence J. ]!atzen, Chairm~,'~
~arine Com~tittee G~],~HA, Inc.
CROSSEC/ION
ou ~
Applicant proposes to construct a 3'x25'
catvsalk; with 8 *'
z~zles; elevated 4' at
.~r~ln¢., 3'x12' ra:~:p; 4'x24' float "'~'~
Io' ~o' 2 -.3'x!4' ~znger~ and 3 piles and to
.. ,~,oc~: 12' east
SCALE /" =/0/ ~ove existing catv/alk ~, ~ " ·
~: Dogwood
Catwalk
& Dock
i Spring Pond,
East Marion
i Appl: Gardiners
!Bay Estates P~me-
:owners Assn.,Inc.
Consultant:
L. J. Matzen
Dated: 3/4/92
DOC I< ~. OHgTR. t3CTIO N ~ ~v, s ~.= .~'/z~r/~a
................
'X
i~: DogwOod l
& Dock
Spring Pond,
~,:East Marion
'lppl: Gardiners
:Bay Estates Home-
.owners Assr !nc.
i~pnsultant:
, L.J.M. atzen
L ........................ ~ ............. .4 Dated: 3/4/92 "
......... E~.~.~.¢__' .!.?__' ..................... .................................... L". .............
GARDINERS RAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939-0004
March 9, 1992
Board of Trustees
Town of Southold
Southold, NY 11971
SOQTHOLD
Re: Dogwood Lane r/o/~ Dock Project
Dear Sirs:'
Enclosed please find (1) letter from Depar. tment of Army
dated 2/4/92, and (2) our response dated D/9/92 with the
requested revised drawings.
Therefore, in order to comply with the above, we request
an amendment to our project increasing the length of the
catwalk from 16' to 20'.
For your information, we are also enclosing recent
correspondence, and response, with the D.E.C.
Yours very truly
Marine Chairman
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVlTS FEDERAL BUILDING
NEW YORK. N.Y. 1027'8-0090
Febrxlary 4, 1992
Eastern Permits Section
SUBJECT: Application No. 92-0111-L2, by Gardiners Bay
Estates Homeowners Association, Inc.
Mr. Lawrence J. Matzen
Marine Chairman
Gardiners Bay Estates Homeowners Association,
East Marion, New York 11939-0004
Inc.
Dear Mr. Matzen:
The following is in regards to the subject application
to construct a 3 foot wide by 16 foot long fixed pier dock
elevated a minimum of 4 feet above grade, install a 3 foot
wide by 16 foot long ramp, a 4 foot by 24 foot float with two
3 foo~ by 14 ~oot finger floats, and three piles, and to move
an existing p~er'12 feet eastward in Spring Pond, Gardiners
Bay, at East Marion, Suffolk County, New York.
We have received your letter dated January 21, 1992 and
the supporting documentation. Based on our previous
experience with the Federal environmental agencies, we
recommend that you extend the ramp as necessary to insure
that a minimum depth of 2 feet at mean low water will be
available to avoid foreseeable objection on this matter in
the future, and to revise the submitted drawings accordingly.
Once we have received such drawings, we will resume
processing your application. If. you have any questions,
please contact Mr. Roberto Barbosa of my staff at (212)
6730.
264-
Sincerely,
/James W. Haggerty .
Chief, Eastern PermJ.'l~s Section
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
~'~e_~ch 9, 1992
Depart:~ent of the
?U_r District Corps of Engineers
Jacob i<. Javits Federal Building
~.~e,v York, ~_ 10278-0090
Attention: ~.~
Re: Application ~ 92-01 ~ ~-L2~ by Gardiners
Estates Homeowner~ Association, Inc.
Dear Sirs:
To comply with your letter of eoruary 4, 1992,
enclosed please find revised cross-section showing
an additional length of 4' to catwalk.
Yours truly,
Lawrence J. Katzen
i.!arine Chair~r. an
Town of
oout_ol~
J
0 I0~' ;~/0~.
~o~: Dogwood
La r~4v Catwalk
& Dock
Spring Pond,
East Marion
Appl: Gardiners
Bay Estates F~me-
owners Assn.,mnc~
'Consultant:
L. J. Matzen
· Dated: 3/4/92
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
..arch 9, 1992
;.1:~S ~e~t. of Environ~.ental Conservation
SU.?_r Canpus, Bldg. 40, Moon 219
Stony Brook, -:~r 11790_~_356
Attention: Darlene,".. ~erbino
RE: Application id. ~ 1-473~-O04~2-00001-0
Dear Sirs:
The Board of Directors, of Gardi~ers Bay Ustates Ho~neowners
~ssociation, Inc., has given I,a~rence J. ;,'atzen, Board
Member and ~arine Chairnan, authorization for pernission
to apply for permits to construct a 4 boat dock on the
Dogwood I~ane right of way, into Spriug Pond.
Yours very truly,
Warren
Vic-President
Sr ·
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939 - 0004
,v OF SOUTHOLD
March 9, 1992
Board of Trustees
Town of Southold
Southold, NY 11971
Re: Dogwood Lane r/o/w Dock Project
Dear Sirs:
Enclosed please find (1) letter from Department of Army
dated 2/4/92, and (2) our response dated 3/9/92 with the
requested revised drawings.
Therefore, in order to comply with the above, we request
an amendment to our project increasing the length of the
catwalk from 16' to 20'.
For your information, we are also
correspondence, and response, with the
Yours very truly
Marine r,, ·
~nalrman
enclosing recent
D.E.C.
Enc.
G DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK, N.Y. 10278-0090
February 4, 1992
Eastern Permits Section
SUBJECT: Application No. 92-0111-L2, by Gardiners Bay
Estates Homeowners Association, Inc.
Mr. Lawrence J. Matzen
Marine Chairman
Gardiners Bay Estates Homeowners Association, Inc.
East Marion, New York 11939-0004 ' '
Dear Mr. Matzen:
The following is in regards to the subject apDlication
to construct a 3 foot wide by 16 foot long fixed pler dock
elevated a minimum of 4 feet above grade, install a 3 foot
wide by 16 foot long ramp, a 4 foot by 24 foot float with two
3 foot by 14 foot finger floats, and three piles, and to move
an existing pier 12 f~et eastward in Spring Pond, Gardiners
Bay, at East Marion, Suffolk County, New York.
We haVe received your letter dated January 21, 1992 and
the supporting documentation. Based on our previous
experience with the Federal environmental agencies, we
recommend that you extend the ramp as necessary to insure
that a minimum depth of 2 feet at mea9 low water will be
available to avoid foreseeable objection on thls matter'in
the future, and to revise the submitted drawings accordingly.
Once we have received such drawings, we will resume
processing your application. If you have any questions,
please contact Mr. Roberto Barbosa of my staff at (212) 264-
6730.
· Sincerely,
.. . ?"
/James W. Haggerty,_
Chief, Eastern Permits Section
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
" h
~,arc., 9, 1992
Depart::~ent of the
'~r District Corps of
Jacob ~.~. Javits Federal 3uilding
~? '~ _or_., ~ 1027~-C090
Attention: James
.... ~ ' - '~ 92-011 ~ by
~e: A~pl-catlon = 1-=2~ Gardiners
Estates Houeowners Association, Inc. '"
Dear Sirs:
To conply with your letter of February 4, 1992,
enclosed please find revised cross-section showing
an additional length of 4' to catwalk.
Yours trul~.~ /
Lawrence J. !(atzen
~c: Town of Southold
I
I~TE ~TI DA L
DOgWO0~
Catwalk
& Dock
Spring Pond,
East Marion
Appl; Gardiners
Bay Estates ~e-
I .I , J Consultant:
o /o' a~' ~ L. J. Matzen
gCaLE /" =/D/ ,Dated: 3/4/92
DOCI< COH~T~UOTION ~v~S~U
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
:{arch 9, 1992
i~S Dept. of Environmental Conservation
Division of Regulatory Affairs
Megion i Stony Brook
SU~ Campus, Bldg. 40, Room 219
stony Brook, ~ 11790-2356
Attention: Darlene ~!. Gerbino
P~: Application id. ~ 1-4738-00462-00001-0
Dear Sirs:
In reply to your request for additional information the
following are enclosed:
3 copies revised project plan
3 copies revised cross-section
3 copies of authorization letter froc~ Board of Directors
2 stamped surveys
Adjacent land owners are: Judith DiBlasi and Lani ?. Sambach.
Suffolk County Tax Map ~ 1000-037~01-23.
We are asking for an am~endment to increase the length of the
catwalk from 16' to 20' to comply with the USAOOE (letter
enclosed). It is shown on the revised cross-section.
Yours very truly,
Lawrence J. :,~tzen
Marine Chairman
~/cc Town of Southo!d
~: ~woo~
La. r/~W Catw~
& Dock
Spring Pond,,
East Marion ':~
Aool: Gardiners
~y Estate~ Home-
owners Assr-Inc.
Consultant:
L.J. Matzen
3/8/92
I
J I
0 lO"
-~gCALE /"-'
~: Dogwood,
Catwalk
& Dock
Spring P. ond, '
East Marion
Aool _. Gardiners
Bay Estates k~me-
owners Assn., Inc.
Consultant:
L. J. Matzen
DOCK COH.gTRUCTION
March 16, 1992
NYS Dept. of Environmental Conservation
Division of ?egulatory Affairs
?egion 1 Stony Brook
· SU~Y Ca~pus, Bldg 40, ?oom 219
Stony Brook, MY 11790-2356
GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
East Marion, New York 11939
Abtention: ' Darlene F. Gerbino
Dear Sirs:
Applicant proposes to construct: a 3'x20' catwalk (elevated
4' over grade at vegatation) and 6 CCA wood piles; 3'x16'
ramp; 4'x24' float with 2 - 3'x14' fingers and 3 CCA wood
piles; also to move 12' east, existing 3'x12' catwalk and
2 CCA wood piles and 2'8''x16' ramp and 6'4"xl5'float with
3 seasonal galvanized pipe piles; all work on Association
right of way and pond property.
Yours very truly.,
Lawrence J.
Marine Chairman
Enc: Revised Project and Crossection Plans
Revised Short Enviromental Assessment Form
~ Spring ~ond,
~Appl: G~diners
;~y Estates Home-
~owners iss~ Inc.
~ Consultant:
~* L.J. Matzen
Dated: 3/4/92
J
'D
.~CALE. /" =/D/
DOCK CO~I§TF{UOTION ~,s~: ~/l;/~a
................. SHE. E.T 2.. (~F ~
........ Y31.'~L____O 0
~:Dogwood
Catwalk
& Dock
Spring Pond,
East Marion i.
APP~ Gardiners
Ba~ Estates
owners Assn.,Inc.,:
.Consultant:
L. J. Matzen
~Dated: 3/4/92
1446-4 (2/87)--Text 12
PROJECT I.D. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART J--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
SEQR
t. APPLICANT/SPONSOR Gardiners Bay Estates 2. PROJECT NAME Dogwood ]Jane right of way
Ho,~eowners Assoc.; I~c. f~ o~t.i n~ dnt~l¢
3. PROJECT LOCATION:
Municipality ~aSt Hario~. So~thold ~OW~ County
4. PRECISE LOCATION (Street address and road Inters~t/ons, prominent landmarks, etc., or pr~ide map)
5. IS PROPOSED ACTION:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct: a 3'x20' catwalk(elevat))
~d 4' over grade at vegatation) and 6 CCA woodpiles; 3'x16' ramp; 4'x24'
float with 2 3'x14' fingers and 3 CCA woodpiles; also to move 12' east, ex-
Lsting 3'x12'. catwslk and 2 CCA wood piles and 2'8"xl6'ramp and 6'4"x15'
float with 3 se,~sonal galvanized pipe piles; all work on Association right
of ~;ay ~nd ponu proper~,y.
?. AMOUNT OF LAND AFFECTED:
Initially · Ol~ acres Ultimately · 0 1 3 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING t. AND USE RESTRICTIONS?
[] Yes [] NO If No, describe briefly
g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] ParldFore~UOpsn space ~] Other
Describe: Association right of way and private recreational, boat
docking and boat launching.
t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] No If yes, list agency(e) and permit/approvals
Town of Southold', US Ar~:y Corps of Engineers
11.
DOES ANY ASPECT OF THE ACTION HAVE A 'CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] NO If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Y,, [] No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
'Applicant/sponsor name: L~wrence ~, :',~atzen
Signature:
Dat.: 3/16/92
If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form betore proceeding with this assessment
OVER
BOARD OF APPEALS, TOWN OF $OUTHOLD
In the Matter or the Petition of :
to the Board of Appeals of the Town of Southold
Lani M. Sambach 11 Halter Lane
NOTICE
TO
ADJACENT
Levitown, NY 11756
TO: Be~net~ K~ei~ma~, et ano as Trustees PROPERTY OWNERS
~3420 South Ocean Blvd. Apt 3 V, Highland Beach, Florida 33487
Judith Di Blassi c~o MiChael F~ey 71 R~xburY ~oad,~Garde~ City,. NY 1.1530
DorOthy S. Langwor%h, Barbara J. Bodkin, 1000 River Beach Dune #104
Fort Lauderdale, Florida 33355
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of tile undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice[
Interpretation of Article III, Section 100-31C (3) (a) ~
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Foot of Doqwood Lane on Sprinq Pond
3. That the property which is the subject of such Petition is located in the following zoning district:
R40
4 ~ha~h~suchPetition, theundersignedwiUrequcstthefollowingrelief: Interpretation of ~rticle
II~ ~ctiRn__lg0L31C (3) (a) to allow construction of a 3'X 25' catwalk wit~ 6
piles; 3'x 12' ramp and 4'x 48' float with 2-3'x 14' fingers and 4 piles t~ permi
docking of four (4) boats using 6'x 16' dock as center fingers
~. That the provisions of the Southold Town Zoning Code applicable t? the relief sought by the~nder-
signedare Art-Lcle III Sect/on 100-31C (3) (a)
[ ] Sect~0n 280-A, New York Town Law for appr0va] of access over' r~ght(s)-0f-way."
6. Thai within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 76~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: February 9, 1993
Petitioner Gardi~rs Bay Es~'tes ~ome
Owners'Name: ,.~,Ot~n~s?Ass. Oc~a~'
Post Office Addr~s' C/o Marie Onq~oni
P.O. Box 562 218 Front Street
Greenport, NY 19944
Tel. No. (516) 477-2048
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
NAM~
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Dorothy Langworth
BarbDra J. Bodkin
Lani M. Sambach
Judith Di Blasi
Bennett Kleinman, et ano as
Trustees
P 269 285 655
___P a6. aa5 65-
269 265 656.
269 285 652~
RECEI~ FOR CER~FIED M~ '" '*
(~ ~ve~) , m
1000 River Beach Dune # 104
Ft. Lauderdale, Florida 33355
11 Halter Lane
Levitown, NY 11756
c/o Michael Fr&y
71 Roxbury Road
Garden City, NY 11530
3420 South Ocean Boulevard
Apt. 3V
High~aq~W Beach, Florida 33487
-q
, residing at Leslie Road, Peconic, NY
, being duly sworn, deposes and s~ys that on the ~ day
'9 3 , deponent mailed a true copy of the Notice set forth on the re-
the above-named persons at the addresses set opposite their respective
:e the names of said persons are the addresses of said persons as shown on
,wn of Somhold; that said No~ices were mailed at the United States Post Of-
; that said Notices were mailed to each of said persons by
Sworn to~bef, ore me this ~
dajL4~f ?~~ ,19 ~Z' ~
Notary Public
MARI~ ONGIONI
NOTARY PUBLIC, State of New York
No. 24 - 47~5191
Quallfied in Ki~s County
Corem Jl~iOrl Ex pir~.~ ~/~ 1. ~
(This side does not have to be completed on form transmitted to adjoining
property owners.)
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of
Southold, that the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971, on THURS-
DAY, APRIL 22, 1993 com-
mencing at the times specified
below:
1.7:30 p.m. Appl. No. 4162
-- THE INGEBORG
TALLAREK TRUST. Request
for Variance to the Zoning Or-
dinance, Article XXIII, Sec-
tion 100-239.4A for permis-
sion to locate an addition
within 100 feet of the L.I.
Sound bluff at 905 Aquaview
Avenue, East Marion, NY;
County Tax Map Parcel No.
1000-21-2-11. This parcel is
substandard in this R-40 Zone
District and contains a total
lot area of approximately
24,000 sq. ftl
2. 7:35 p.m. Appl. No. 4163
- RUSSELL IRELAND, JR.
Request for variances to the
Zoning Ordinance: (a) Article
IIIA, Section 100-30A.4
{ 100-33B-3 } for permission to
locate accessory garage with a
side yard setback at less than
the required 10 feet; (b) Arti-
cle XXIII, Section 100-239.4B
for approval of a proposed
new deck addition and for
grandfather approval of ex-
isting deck addition built prior
to May 1985, all of which is
located within 75'feet of th~
bulkhead along Great Peconic
Bay and with reduced easter-
ly side yard to less than the 20
feet, and total side yards to less
than 35 feet, as required by
Article IliA, section
100-30A.3. Location of Pro-
perty: 5400 Great Peconic
Bay Boulevard, Laurel, NY;
County Tax Map Panel No.
1000-128-2-12. This parecel
contains a total lot area of
43,402 sq. ft. and is located in
the R-40 Low-Density
Residential Zone District.
3.7:40 p.m. Appl. No. 4059
- JOHN SEPENOSKI, JOHN
A. NOBILE and SUSAN
NOBILE. Request for
Variances: (a) for approval of
access for fire and emergency
vehicles over a private right-of-
way pursuant to New York
Town Law, Section 280-A, and
(b) to the Zoning Ordinance,
Article XXIV, Section
100-244B (Article IliA, Sec-
tion 100-30A.3) for approval
and recognition of substan-
dard lot area and depth, as ex-
ists, in this R-40 Low-Density
Residential Zone District.
Location of Property: 5600
Horton Lane, Southold, NY;
Co, n,y Tax Map Pmeel
No.] ~9 -54-3-14.3'. This parcel
contains a total lot area of ap-
proximately 33,542 sq. ft. and
depth of 140.97 leet.
4. 7:45 p.m. Appl. No. 4157
- DEPOT ENTERPRISES,
INC. (Reconvened and con-
tinued from March 18, 1993).
5.7:55 p.m. Appl. No. 4156
GARDINERS BAY
ESTATES CLUB, 1NC.
(record owner as per Deed at
Liber 7671 page 415) - filed by
GARDINERS BAY ESTATES
PROPERTY OWNERS
ASSOCIATION.
{Reconvened and continued
from February 23, 1993}.
This is an Appeal based upon
the February 10, 1993 notice
of Disapproval issued by the
Building Inspector requesting
an Interpretation of Article
III, Section 100-31C(3) of the
Zoning Code which provides
for "...docking or mooring
facilities for no more than two
(2) boats other than those
owned and used by the owner
of the premises for his per-
sonal use." Applicant is pro-
posing to construct new dock
areas with multiple boat
facilities at the community
- beach of Gardiners Bay
Estates. Location of Property:
Part of Private Road known as
Dogwood Lane situated along
"Spring Pond," an estuary of
Orient Harbor; also shown on
the Map of Gardiners Bay
Estates, Section 2, filed in the
~ ~[~01k .~ ~u 0~Ly, Clerk!s Office
,a,s Map No. 275, East Marion,
~4Y; ~o~l~t?:Tax Map ID Nos.
1000-37-1-part of 23 (private
road), and part of 17 (under-
water land).
COUNTYQF SUFFOLK
SI'AI'F OF NEW YORK
Patricia Wood, being duly sworn, says that she is thc
Editor, o( ]'HE LONG ISLAND TRAVELER-WATCIqMAN,
a public newspaper printed at Southold, in Suffolk County;
and that tile notice of which the annexed is a printed copy
h,ls been puhlished in said I.ong Islan(t 'llavelvr-Watchma~
successively, commencing on the ......... ./.'~ ~ ......
,day'of. ..... ~.~t~ ....... 19 ?.~... (,~
Sworn to before me tiffs /' clay of
19..5..~.
Notary Public
8ARBfiRA A. SCHNEIDER
NOTARY PUBLIC, State of [lew York
No. 480~46
Qualified in Suffolk County
Commission Expires 0°/31/q¥
The Board of Apl als will
at said time and place }'ear any
and all persons or represen-
tatives desiring to be heard in
the above matters. Written
comments may also be sub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you wish to review the files or
need to request more informa-
tion, please call 765-1809 or
visit our office.
Dated: April 9, 1993.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHR1NGER
CHAlRMAN
By Linda Kowalski
1X-4/15/93(17)
GARDINERS BAY ~TSTATES
b
MARION
L.,AKE
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