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HomeMy WebLinkAbout3672 Southold Town Board o£Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3672 Application Dated September ]6, TO: Eric J. Bressler, Esq. as Attorne~ for Mr. Anthony Main Road, Box 1424 Mattituck, NY 11952 1987 Gambino [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on December ]0~ ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article ×! , Section ]00-]]9.2 [ ] Request for Application of ANTHONY GAMBINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of new dwelling with an insufficient setback from nearest wetlands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. lO00-115-11-10. WHEREAS, a public hearing was held and concluded on November lO, 1987 in the Matter of the Application of ANTHONY GAMBINO under Appl. Ne. 3672; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block ll, Lot 10. 2. The subject premises contains a total area of 19,200 sq. ft. with 120 ft. frontage along the south side of a private road known as "Lupton Point Road," and fronting along Deep Hole Creek. 3. The subject premises is improved with a concrete founda- tion as shown on the December 22, 1981 survey, amended October 22, 1987, prepared by Roderick VanTuyl, P.C. depicting the following setbacks: (a) 35 feet from the front property line, (b) 10.2 feet from the westerly (side) property line, (c) 93± feet from the ordinary highwater line at the most southerly end, (d) 60 feet from its nearest point along the easterly ordinary highwater mark. (CONTINUED ON PAGE TWO) DATED: December 10, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3672 Matter of ANTHONY GAMBINO Decision Rendered December 10, 1987 4. Appellant by this application requests a Variance from the Provisions of Article XI, Section lO0-119.2(B) for approval of an insufficient setback from the ordinary high- water mark at 65 feet from the southeast corner and at 60 feet from the northeast corner of a concrete dwelling founda- tion, as more particularly shown on the October 22, 1987 Amended Survey prepared by Roderick VanTuyl, P.C. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The following additional information is noted for the record: (a) On May ll, 1987, a Wetland Permit under the Provisions of Chapter 97 was issued by the Southold Town Trustees with conditions; (b) On or about June 18, 1987, a Determination was rendered by the Suffolk County Board of Review under the rules pertaining to the Suffolk County Health Department; (c) On or about July 13, 1987 the Southold Town Constable issued a Stop Work Notice concerning the Town Trustees Wetland Permit; Bay (d) On or about July 21, 1987, the Suffolk County Department of Health signed the survey confirming approval(s) under their jurisdiction; (e) On or about August 18, 1987, an application was submitted to the Building Department for a Building Permit, and a Building Permit was issued by the Building Department under No. 16340Z for the construction of a new single-family dwelling structure as shown by survey amended lastly May 29, 1984 prepared by Roderick VanTuyl, P.C. and separate construction plans submitted therewith; (f) On September 3, 1987, this Board was notified and requested to review the subject Building Permit and necessity of a variance under the Provisions of Article XI, Section 100-119.2 of the Zoning Code [see letter dated September 3, 1987] from the owners abutting the subject premises along the west side; (g) On September 4, 1987, this office delivered a memorandum to the Building Department urging their immediate inspection and other reviews or actions necessary concerning this pending building permit and the zoning code; (h) On September 4, 1987, a Stop Work Order Notice (referred to as "red tag") was delivered to the co-owner of the premises, Mr. Gambino, which read as follows: Page 3 - Appl. No. Matter of ANTHONY Decision Rendered 3672 GAMBINO December 10, 1987 ...NOTICE - Stop Work. There appears to exist a violation of zoning, Chapt. 100 on these premises, Article XIV, Section 100-143. Please contact Building Inspector By AT ONCE regarding this matter. Architects, builders and owners are each responsible under law. Building Inspector's Office Town of Southold .... (i) On September 4, 1987, the applicant obtained the necessary variance forms; (j) The Building Department file indicates that forms for the foundation were in place but concrete was not poured; (k) On or about September II, 1987 a second Stop Work Order was issued and the foundation has been poured; (1) On September 14, 1987, a written Order to Remedy Violation was issued; (m) On September 16, 1987, this variance application was filed with this office. 7. At the November 10, 1987 public hearing, an Affidavit and an Affirmation in Opposition were filed questioning the following areas: (a) Section lO0-10 of the Zoning Code pertaining to nonconforming uses. Upon information and belief, this premises is to be utilized as a single-family dwelling. A single-family dwelling is a permitted use in this Zone District. If evidence is found to the contrary, a separate application should be filed in order to evaluate this position as required by law, after public hearing, et cetera. This application pertains to setbacks under Section 100-119.2. (b) Section lO0-31(A) of the Zoning Code pertain- ing to lot size. Upon information and belief, this premises is a substandard lot containing 19,200± sq. ft. in area, which does not conform with today's lot size requirement of 80,000 sq. ft. Town records show that the neighboring premises to the west (now of Esquirol) was conveyed by Deed at Liber 6925 cp 354 on April 6, 1971 and that the subject premises (Gambino) was conveyed by Deed at Liber 6388 cp 08 on July 23, 1968 to Burton and Anne Mason; that on May 19, 1974 Burton E. Mason had died testate, and that on October 16, 1984, the Gambinos acquired same from Anne Mason. Since both parcels were separated prior to the enactment of the minimum 40,000 sq. ft. requirement (November 1971), and during the period of the 12,500 minimum sq. ft. requirement, this Board cannot acknowledge improprieties without sufficient evidence. (c) With reference to the statements concerning the N.Y.S. Department of Environmental Conservation, or Pa~e ~ - Appl. No. Matter of ANTHONY Decision Rendered 3672 GAMBINO December 10, 1987 other agencies requiring Wetland Permits, this Board is without authority thereunder. 8. This is an application for an area variance where the standard is whether strict compliance with the zoning ordinance will result in "practical difficulties." Although the Courts have not defined the term "practical dificulties," in the Case of Wachsberger v. Michaelis, 19 Misc. 2d 909, the Court said that the following matters should be considered: (1) how substantial the variance is in relation to the requirement; (2) the effect, if the variance is allowed, of the increased population density thus produced on governmental facilities; (3) whether a substantial change will be produced in the character of the neighborhood or substantial detriment to adjoining properties; (4) whether the difficulty can be obviated by some method, feasible for the appellant to pursue, other than a variance, (5) whether in view of the manner in which the difficulty arose and in consideration of the above factors, the inter- ests of justice will be served by allowing the variance. 9. In applying the above considerations to the facts in this case, the Board finds: (a) that the variance requested is not substantial in relation to the require- ment, being a variance of approximately 20 percent, or 15 feet; (b) that there will not be an increase in popu- lation density by this variance and accordingly there will be no undue burden on available governmental facilities; (c) that the grant of this variance will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties; (d) the alternative available to appellant to this variance would be to remove the structure which exists, reduce the size of the dwelling structure, and apply for a building permit with setbacks in compliance with the zoning regulations--it is true that the difficulties are self-created; however, it it also true that the Stop Work Order(s), as issued, did not comply with the procedures stipulated under Article XIV, Section 100-143 of the Zoning Code; (e) in view of the manner in which the difficulties arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance. Additionally, it is noted that (1) the circumstances of the property are unique, (2) the relief requested is not out of character with the immediate area since there are similarly established setbacks from the ordinary highwater mark; (3) significant economic injury would result if the variance is not allowed, particularly due to the manner of these events. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance from the Provisions of Section 100-119~ of the Zoning Code, in the Matter of the Application of ANTHONY GAMBINO under Appl. No. 3672 for a reduction of the setbacks from the ordinary highwater mark as shown on the Survey prepared by Roderick VanTuyl, P.C. lastly dated October 22, 1987, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance of land within 55 feet Page 5 Appl. No. 3672 Matter of ANTHONY GAMBINO Decision Rendered December 10, 1987 of the ordinary highwater mark (during or after construc- tion), except as may be required by other enforcing agencies to remedy any pending violation; 2. There be no surface water runoff into the creek areas; all water runoff (including runoff from gutters, etc.) shall be contained in storm drains or similar basins where necessary (and more specifically the east and south sides), 3. If it is determined by the Building Inspector that construction does not comply with Chapter 46-Flood Plain Management Law of the Town of Southold, the property owner will be required to comply before further construc- tion takes place~ 4. Proper application and issuance pursuant to law of a Building Permit for the structure as considered herein (which appears to be different from the survey/plans sub- mitted under Building Permit #16340Z), 5. No further protrusion/reduction into the side or rearyard areas to include all ground or below-ground level construction; 6. No further reduction toward the ordinary high- water mark which would be seaward of the house and within 75 feet thereof (which will necessitate further reviews by this Board). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~VAIRMAN RECEIYED AND FILED TIlE soUTtlOLD TOYJN CLF~ DATE i-c/z~/'gq HOUR '".Z' ~< NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on TUESDAY, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677 ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 - RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition for showroom use incidental to the existing car-sales business use in this "B-l" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY, 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684 WILLIAM AND VERA MOLCHAN. .. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY~ County Tax Map Parcel No. 1000-106-1-3. 7:50 p.m. Appl. No. 3514 GEORGE P. SCHADE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map P~cel No. 1000-78-7-42. Page 2 Notice of Hearings Regular Meeting - November 10, Southold Town Board of Appeals 1987 7:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate inground swimmingpool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax Map Parcel No. 1000-111-14-7. 8:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to the Zoning Ordinance, Article XI, Section 100-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY, County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existin§ lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Locatio'n of Property: South Side of Sound Avenue (or North Road), Matti- tuck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 - DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-l" General Business. 8:20 p.m. Appl. No. 3671 ANDRE AND THOMAS CYBULSKI. Variance to the Zoning.-Ordinance, Article III, Section lO0-30(A) Page 3 Notice of Hearings Regular Meeting November 10, 1987 Southold Town Board of Appeals for permission to utilize premises for book publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side of Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-96-5-1.2 and part of 1.1. 8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCHISSEL. Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 ana part ot 8, Southold, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 280-A over the existing private right-of-way, and (b) for permission to locate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5). f~ 9:00 p.m. Appl. No. 3672. ANTHON~Y GAMBIN~O. Variance .~ to the Zoning Ordinance, Article XI, Section 100-119.2 for '// approval of the construction of new ~elling with an kx insufficient setback from nearest tidal wetlands and/or ~ ordinary highwater mark along Deep Hole Creek. Location ~ of Property: East End of Lupton Point Road, Mattituck, NY; } County Tax Map Parcel No. 1000-115-11-10. J The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No .......... 19 To / .......... PLEASE TAKE NOTICE that your application dated .~.~.~...~ ........ , 19 .~. '~.. for permit to construct.. ~-...o~ths~..~ . ~.~.~ov .................. , ........... at County Tax Map No. 1000 Section ..... I/.~,~. .....Block ..... ,/f ........ Lot /.~. .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~)a~.....~....~.c..~ /.d~..-.)!~. ~-~ ~.~. ~..~.~. ~-~. ~. ~. ,~.~. ~ .-. ..... ...................... Building Inspector RV 1/80 I~I~TOWN OF $OUTHOLD, NEW YORK -'- ~r r~,~:-~ ...... ' ~:m,llaM ~1~'1~ U ' LD' NG INSPECTOR 'Fo T~NING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ ....... A~TH0~.:GA~Z~O ............................. of ...... ~.e..e.g...~P. ~.e....PZ.$, .v~ ....................................... Name of Appellant Street and Number Mattituck, Town of Southold New York ......................................................................................................................... MEREBY APPEAl TO Municipality State ^PPEA, No. 3 DATE Sept:eaber d~:, 19,87 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..):..6..3.4..O..Z. ....................... DATED ...~,~..Eg.~..t....~...1.,....1.~.~7. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ANTHONY GAM~ INO Nome of Applicant for permit of Deep Hole Drive, Mattituck, NeW York 11952 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) BUILDING PEILMIT BY NOTICE OF DISAPPROVA~ DATED SEPTEMBER 4, 1987 WITH RESPECT TO PEILMITDATED B/18187 AND NOTICE-OF REVocATIoN'OF PERMIT DAT i. LOCA~IOlq DP TFIE PROPERTY ;l~up~;on.~.~..Pz~.mr_.~(~a(l~.tC~t,r,~,t, RcJf,......:.,'.'A?_.~:[[~.~K~ Street /Hamlet Use District on Zoning Mop 0~ner Anthony GambinoResidential Map No. Lot No. Prior Owner Burton & Anne Mason 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 ×I Section 100-119.2 (B) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made 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 o variance end was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X ) A Variance to the Zoning Ordinance (Section 100-119.2(B) ) ,s requested for the reason that applicant desires to construct a one-family dwelling on the above-described parcel at a distance of sixty (60) feet from Deep Hole Cree~, a tidal body of water. Section t00-119.2(b) of the Southold Town Zoning Code requires a seventy-five (75) foot set back from tidal bodies of water. Because of the size and configuration of the property and the requirements of the Department of Health, a proposed dwelling must be located such that only a sixty (60) foot set back from Deep Hole Creek is available. ~orrn ~.M! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pro~i~gr~c~E~ difficulties or unneces- sory HARDSHIP becouse if the seventy-five (75) foot setback is st'~r~c~bappii~d'' it would be impossible to construct a dwelling on the property. As the ~ submitted in support of this application and made a part hereof demonstrates, t~rting of the proposed dwelling satisfies the minimum front yard and side yard requirements of the Zoning Code while at a distance of sixty (60) feet from Deep Hole Creek on the east. There is effectively no room to move the proposed dwelling toward the western property line and, even if an adjustment in location were made, a variance from Section 100.119.2B would still be required. There is no way to move the proposed dwelling toward the northern property line since the sanitary system is required to be located there. Hence, the proposed location of the dwelling is the only possible location. In addition, the applicant applied for and received approval for construction from the Health Department, Department of Environmental Conservation, Southold Town Trustees, and the Building Department. Copies of the approvals are annexed hereto. In reliance thereupon, the applicant excavated and poured footings and a foundation prior to revocation of the Building Permit. The revocation of the Building Permit has caused and is causing applicant great hardship in that he has expended in excess of $15,000.00 to date and is now prohibited from proceeding with the work. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the location and dimensions of the property. The property is located at the eastern tip of Lupton's Point on the south side of Luptons Point Road in Mattituck, N.Y., thereby creating two frontages on the water - to the south and to the east. This situation creates restrictive siting possibilities for a dwelling due to Health Department requirements and zoning setbacks, as described above. Ail lots except one on Luptons Point are already improved by one-family dwellings. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because (a) the area is improved by residential structures and the proposed construction is consistent with this use; and (b) the area is bounded on both sides by Deep Hole Creek such that all lots in the area have water frontage. Many of the structures are as close or closer to Deep Hole Creek than the proposed dwelling, particularly those on the north side of the point and the west end of the south side of the point; and (c) The proposed dwelling is as far from Deep Hole Creek on the south as those on the adjoining parcels so that there will be no interference with view. The variance is required only for the east side of the property; (d) The requested relief is not substantial in relation to the requirements of the Zoning Code.. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this ........... L.~..~ ........................day of ..............Sep.tembe~., ...................... 1987 Notary Public " TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ~.R STREET LOT FORMER OWlxrER ~/~ ~"~-~. 'II RES...3.// LAND N S VILLAGE E 6 AGE SEAS. IMP. NEW NORMAL Farm Acre Tillable Tillable 2 ~illab[e 3 W~odland Swampland Brushlond House Plot Tctal ,) TOTAL FARM DATE Z / /0/;/:~'_ DISTRICT 'S~ ACREAGE TYPE OF BUILDING BUILDING CONDITION BELOW_ Value Per Acre ABOVE COMM. lIND. I CB. I MISC. REMARKS , .~_, ' t, : ~ ..... ~ ~,-~o ~:~. ~-(.,, l~f~,,,-~.,~,3,,~,~,~,~ Value ......... /4?- YORK SUFFOLK THE WATER SUPPt. Y Ak SYSTEMS FOR THI~I CONFORM TO THE T SUFFOt. K CO. DEPT. O~ (SI, ,. APPLICANT ~ SUFFOLK COUNTY SERVfCES -- FOR CONSTRUCTION ONLY APPROVED:, OtST. ~CT. ~ .] Southold Town Board of Appeals -28- December 22, 1977 sign, north side Main Road, Mattituck, New York, as applied for, subject to the following condition: The sign shall be located at least 5' from Route 25 and at least 20' from the intersection of Route 25 and Legion Avenue, being the northeast intersection. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2372 9:20 P.M. (E.S.T.) upon application of Joseph J. Frohnhoefer a/c Jr., 1350 Lupton Point Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lupron Point Road, Mattituck, New York, bounded on the north by Right-of-way, M. Kelsey; east by B. Mason; south by Deep Hole Creek; west by B. Mason. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspaper, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mai]. had been made to: Mrs. Burden E. Mason; Mr. Mel Kelsey. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Is Mr. Esquirol here? (There was no response.) JAMES MITCHELL: I'm here in place of Joseph Frohnhoefer. THE CHAIRMAN: How close does he want to place this garage, do you know? JAMES MITCHELL: To what, the road? THE CHAIRMAN: Yes. JAMES MITCHELL: 15' from the road and the east boundary line, 5' from that. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in front yard area, Lupron Point Road, Mattituck, New York. The Southold Town Board of Appeals -29- December 22, 1977 findings of the Board are that the neighborhood has many residen%~ which have the same problem. The Board finds that strict application of the Ordinance would produce practibal difficulties or unnecessary hardship; the hardship. created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Joseph A. Esquirol, Jr., 1350 Lupton Point Road, Mattituck, New York, be GRANTED permission to construct accessory building in front yard area, Lupron Point Road, Mattituck, New York, as applied for, subject to the following condition: The building shall be located at least 15' from the front yard line and at least 5' from the side yard line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2371 - 9:25 P.M. (E.S.T.) upon application of JoAnn Talbot, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York; Lot 12, Map of Nassau Point Properties, Cutehogue, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Tow~ Clerk that notification by certified mail had been made to: Bernard Goeler; John H. Walters. Fee paid - $15.00. THE CHAIRMAN: This is a lot located in an area which has adjoining lots with similar difficulties. Is there anyone present who wishes to speak for this application? WILLIAM JACOBS: I'm the contractor for JoAnn Talbot. It's a similar situation where garages are in the front yard. It's well set back, approximately 150' to the garage from the road. Garages in the neighborhood are that way being waterfront property. THE CHAIRMAN: The full depth of the lot on one side is 385', the other side is 347'. There's a note here, "probable garage 3' off northerly side." WILLIAM JACOBS: I had it staked out. FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, llI JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 26, 1988 TELEPHONE (516) 765-1892 Mr. Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road, P. O. Box 1424 Mattituck, New York 11952 Re: Anthony Gambino - 1000-115-11-10 Dear Mr. Ross: The following action was taken by the Board of Town Trustees during their regular meeting held on August 25, 1988 regarding the above matter. WHEREAS, the Southold Town Trustees personally viewed and are familiar with the premises of Anthony Gambino; and WHEREAS, THE Board has carefully considered all the testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at the East end of Lupton Point Road, Mattituck fronting on Deep Hole Creek. 2. The property is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 10. 3. In consideration of this request, the Board finds: (a) The project will not adversely affect the wetlands of the Town. (b) The project will not weaken or undermine the lateral support of other lands in the vicinity; Now, Therefore Be It RESOLVED to GRANT a WAIVER of the Wetland Ordinance in accordance with Article II, 97-20 (B), in the matter of Daniel C. Ross on behalf of Anthony Gambino to install two 4' (high) by 8' (wide) dry wells on his property located on Lupton's Point, Mattituck. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. F/~<.: £ p -2- Very truly yours,D President Board of Trustees Board of Appeals Bldg. Dept. Anthony Gambino file Please be advised that there is a $25.00 fee for this waiver t this time. BLDG. DE,PT, TOWN OF SOU3i'~{~ 142 JORALEMON STREET BROOKLYN, NEW YORK 11201 (718) 875-5199 855-5684 855-6866 May 18, 1988 Town of Southhotd Building Department Town Hall Southhold, New York 11971 Re: 1450 Lupton Point Road . .Ma~tituck, New York on 115, Block 11, Lot 10 Our client, the Honorable Joseph A. ESquirol, Jr., residing at 1350 Lupton Point Road, Mattituck, New York, has brought to our attention that Anthony Gambiho is constructing a deck adjacent to his house. This is a violation of paragraph 3 of the resolution in Appeal No. 3672, dated September 16, 1987. Please issue proper cease and desist order. Very truly yours, COMPOSTO & LONGO~ MAL:om APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK[ Southold Town Board of Appeals MAIN ROAD- STATE ROAD ")5 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 January 12, 1988 Eric J. Bressler, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Re: Appl. No. 3672 Anthony Gambino (Variance) Dear Eric: Please find enclosed for your records a copy of the recent response of the Suffolk County Department of Planning in accordance with our referral under the Suffolk County Administrative Code. Yours very truly, Enclosure Linda F. Kowalski 'Board Secretary DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Patrick G. Halpin SUFFOLK COUNTY EXECUTIVE 360-5513 January 5, 1988 Town of Southold Zoning Board of Appeals Applicant: Anthony Gambino Mun. File No.: 3672 S.C.P.D. File No.: SD-87-34 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that appropriate mitigating measures will be set forth to preserve the integrity of Deep Hole Creek. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article XZ , Section 100-1Z9.2 Variance from Determination of Southold To~n Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3672 Applicant: Mr. Anthony Gambino Location of Affected Land: Lupron Point Road, Matti£uck, County Tax Map Item No.: 1000- 115-11-10 Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, Proposed County, State or State or Federally Owned Federal Park or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. ~proval of COMMENTS: Applicant is requesting ~X~1t~~ the ~nn~n~i~n of in~uff~i~nf ~¼~ F~m n~arest wetlanms new dwelling with an or Drainage Established La ~hannel Channel Copies of Town file a'hd related documen[s enclosed for your review. Dated: December 24, 1987 .... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 21 , 1987 Eric J. Bressler, Esq. Wickham, Wickham & Bressler, Main Road - Box 1424 Mattituck, NY 11952 PoC, Re: Appl. No. 3672 - Anthony Gambino (Variance) Dear Mr. Bressler: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to issuance of any permits or other be applicable. the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Marco A. Longo, Jr., Suffolk County GERARD P. GOEHRINGER CHAIRMAN By Linda Esq. Planning Commission Kowalski TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 Appl. No. 3672 Applicant(s) Anthony Gambino Location of Property: East End of Lupton Point Road, Mattituck County Tax Map ID N. 1000 - ]]5 - ]] - ]0 Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Sawicki and Doyen. Absent was: (None) also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. The Chairman opened the hearing at 10:10 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated December 22, 1981 and updated on October 22, 1987 indicating this foundation which is in a little excess of 10 feet to the west property line; at its closest point 35 feet and 35.43 from the right-of-way and approximately 60 feet from the high water mark of Deep Hole Creek. AndI have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to speak? Mr. Bressler. MR. BRESSLER: Eric Bressler, Wickham, Wickham and Bresser, P.C. Main Road, Mattituck, New York for the applicant, Anthony Gambino. We are here tonight before the Board somewhat out of sequence and I'm sure the Board is aware. We are here tonight out of sequence to discuss the hardship that whch has befallen Mr. Gambino in con- nection which his construction onlthe property. Briefly, as I'm sure the Board is aware, I will relate the history of Mr. Gambino's attempts to build on this property. Mr. Gambino retained experts, The Land Use Company to obtain the necessary permits to consturct on this lot on Lupton's Point. The Board is aware. It is the last lot on the south side. A very nice and scenic location on the end of Lupton's Point. He went out, and as the Board can see from the exhibits, he got the Department of Environmental Conservation ap- proval to construct within 60 feet of the wetlands of Deep Hole Creek. He went and got Health Department approval for his water and sanitary systems. He went to the Town Trustees and he got ap- proval to put his house within 60 feet of Deep Hole Creek. And then, through the Land Use Company, he went to the Building Depart- ment and said; I've got everything don't I and they said yes you do. Here is your building permit. They gave him his building permit and he commenced work. He excavated, He poured footings. He set forms and he poured a foundation all before revocation of his building permit. It's come to our attention and we are before the · Page 2 - November I 1987 Public ttearing - A~ony Gambino Southold Z.B.A. MR. BRESSLER (continued): Board because of Section 119.2B which imposes on the applicant the requirement to come to the Zoning Board of Appeals for a variance because he's within 75 feet of Deep Hole Creek. Essentially the same application that we made to the Trustees to building within 75 feet of the wetlands. And here we are. Mr. Gambino purchased the property some number of years ago and then he embarked upon getting his permits. He then expended substantial sums of money performing work pursuant to the permits which he had been granted. And you will hear later from Mr. Gambino, concerning the magnitude of the sums which he expended to improve his property before the error was :discovered by the Building Department. They came down, issued their notices and now we're before the Board asking for re- lief. Now, with respect to the property itself, the Board will note from review of the survey that Mr. Gambino's house is tucked up nice and close into the corner of the property. He has main- tained minimum sideyard setbacks and he's maintained setback from the right-of-way in accordance with the zoning code. The sanitary systems pursuant to the Health Department requirements, have to be set up there tucked between the house and the right-of-way. That's the only place they can be consistent with the Board of Health re- quirements for the well placement there to the south of the proper- ty which you can see on your survey. So what we are faced with here is a situation where Mr. Gambino's house is where it is and that's the only place that this house can be.~ Were Mr. Gambino to attempt to move it westward, he would be faced with a variance of the zoning ordinance to be too close to the sideyard and we certain- ly don't want to do that. Were he to attempt to move his house north toward the right-of-way, he would run into a Board of Health problem of building over his cesspools. He certainly couldn't move the property to the east because then he would be closer to the Creek. And to move it south, wouldn't afford him any relief either because he'd still have the distance problem. If he were to attempt to shrink his house down by 15 feet in order to comply strictly with the zoning ordinance, he'd be left with a house with virtually no width. In short, what he's stuck with, is this location as has already been approved by all the other Boards and there's basically no place else for it. So what we're asking for is the 60 feet which he has been granted and which he commenced construction in connection with the house. Now, with respect to the uniqueness of this hardship, I think a review of the survey and the tax map show- ing the surrounding properties, demonstrates the unique problems that Mr. Gambino has encountered in connection with this particular parcel. He does have water to the south and to the east, thereby, creating a serious problem for him in locating his house. Clearly, putting a house there is going to be consistent with the character of the neighborhood. I'm sure the Board is aware that it is resi- dential in nature. There are houses on virtually every other lot. Many of which are closer to the water. And certainly, putting his house here would not do violence to the character of the neighbor- hood. Now, there is one other problem that I'm going to address because I know that the Board is concerned about this. And that is the exact sequence of events that took place surrounding the issuance of the Building Department's permits, purported stop works, etc. Now, as I previously stated to the Board, Mr. Gambino obtained · Page 3 - November i 1987 Public Hearing - Alimony Gambino Southold Z.B.A. MR. BRESSLER (continued): a building permit from the town and he went out and he excavated and he poured his footings and the forms were up and the~lready-mix truck was there going around and around and the special pump was there, the troughs for the concrete were in place and a representa- tive from the Building Department showed up and said you've got to stop. Mr. Gambino said; what are you talking about? Here are all my permits. Well, we made a mistake. He said, what am I going to do about the concrete truck? What am I going to do about my forms? And as you'll hear from him momentarily, it would have cost him a whole lot of money to tear down those forms, take the special pump away, bring the forms back and pour at some later date. If that were even possible this season. Now, I would di- rect the Board's attention to the process issued by the Building Department in connection with this matter. I don't know whether the Board has before it the purported stop work issued by the Building Deparment. CHAIRMAN GOEHRINGER: The Board has that. If you have a clearer copy, we'll take it. MR. BRESSLER: I have the red copy. It doesn't show up too well on the xerox but I will hand it up .... CHAIRMAN GOEHRINGER: We'll give it back to you. MR. BRESSLER: ...so that the Board can determine what exactly happened in connection with this case. Well, there it is. I would invite the Board's attention to Section 100-143 of the zoning ordinance. That section of the zoning ordinance requires that a stop order shall be in writing and shall state the condi- tions under which the work may be~resumed. I thihk it is self-evi- dent from review of that document, that it fails completely to comply with Section 100-143. It does not state the conditions under which the work may be resumed. It states nothing concern- ing what this applicant had to do or under what conditions he could resume the work. Under those circumstances, I do not be- lieve the Building Department was correct in revoking his build- ing permit on the grounds that he violated a stop work order. I think it is clearly not sufficient in light of the zoning ordinance. And I think in light of the financial hardship that you're going to hear from Mr. Gambino, he was entirely justified in doing what he did. He did not violate the stop work order and he did what he had to do to protect his investment. I would ask the Board to take into account that Mr. Gambino did just about everything that a reasonable person could do. He didn't try to do this him- self. He hired experts. They went out and they got the permits. He got all his permits. As we all know, a building permit is the last one in line. And when you get that, away you go and that's what he did. That's why I started the presentation by saying we have come to you out of sequence. Here we are. ~he man is stopped. And I might add, that since the building permit was revoked and we have gone in and talked to the Building Deparment and told them there would be no further work even prior to revocation. He has Page 4 - November 1~ 1988 'Public Hearing - A~ony Gambino Southold Z.B.A. MR. BRESSLER (continued): not been able to backfill. With the frost coming on, he's going to be in big difficulty if he doesn't get backfilled and then get his construction going during the winter° And now, I will ask Mr. Gambino to step up and tell you a little about the finances regard- ing this parcel. Mr. Gambino, perhaps you can tell the Board what you paid for the property and what you put into the property so far and what it represents. MR. oG~BINO: I purchased the property in 1983 in October and I paid 40 thousand dollars for it. And as of now between legal fees, I've spent 29 thousand 400 and 66 dollars between going through and getting all my proper permits and applications. MR. BRESSLER: And how much of that represents expenditures after the issuance of the building permit prior to the issuance of the revocation? MR. GAMBINO: As of August 11 when the building permit was then issued to me, the figure stands at 22 thousand, 350 dollars. That is between surveys, permits, excavation, architect fees. MR. BRESSLER: This is the amount you expended in connection with the permit and thereafter. Is that right? MR. GAMBINO: That's right. MR.. BRESSLER: Now, you were told at the time the concrete man was there that it was going to cost you some money for you to stop at that point. Would you describe to the Board what that was please. MR. GAMBINO: The concrete man had his forms already set, they were already up, the steel was in, all the jams were in, the hooks were in and I had a pump there which cost 800 dollars a day because I ordered the pump. I didn't want to knock any trees down alongside the house. I couldn't swing the truck around. MR. BRESSLER: And it was the purpose of this pump to permit the truck to remain at a distance and pump the concrete in so you would not destroy the lot. MR. GAMBINO: That's right. And he said to me that if he had to remove everything and come back again, it would cost 6,400 dollars out of my pocket in excess of all of the other expenses that I have. MR. BRESSLER: And were you able to afford that additional expense? MR. GAMBINO: Well, at this point, I would say no. · Page 5 - November ~ 1987 Public Hearing - A~ony Gambino Southold Z.B.A. MR. BRESSLER: Thank you Mro Gambino. I would urge the court, the Zoning Board, in the strongest possible peramus, to grant this man's application. It's obvious what happened to him. He pursued his permit applications deligently. He started his work that he believed to be entirely legally and he ran into this problem. And I feel that he's entitled to this variance and I would ask you to give it your consideration please. CHAIRMAN GOEHRINGER: Is there anyone else who would like to speak in favor of this application? Would the gentleman come forward who would like to speak against the application. MR. LONGO: My name is Marco A. Longo, Jr. W~ are the attorney for the Honorable Joseph A. Escrow, Jr. and Susan F. Escrow who are the neighbors immediately abutting the property on the west. I have an affidavit by the Escrows and I have an affirmation which I would like to give to the Board at this point. As stated in the affidavit by the Honorable Joseph Escrow and Susan Escrow, among the purposes of the zoning law which is set forth in 100-10 which is exhibit (1) finding the affidavit in our position. The gradual elimination of non-conforming uses is listed in Section 100-10F. On August 9, 1983, Section 100-31 which is exhibit (2) of the af- fidavit, of the zoning laws, was amended. More particularly, as pertaining to this application in Section 100-3lA which now permits single family dwellings on lots with an area of less than 40,000 square feet; provided (of course) certain requirements are met. The lot which this variance is sought is less than 40,000 square feet. In fact, the lot is approximately 20,000 square feet. Con- ceeding that this zoning regulation was eroded by law, it was none- theless eroded by this amendment of August 9, 1983. The applicant here is taking advantage (of course) of this particular erosion. Now the application asks~the Board to further erode the zoning regu- lations by requesting a variation of Section 100-119.2B which is exhibit (3) in the affidavit. And this is to permit the erection of his dwelling with a setback of 60 feet which is 20% less than the required 75 feet. The applicant himself has already explained to the Board that he did in fact pour the foundation walls after the stop order was issued. If you look at the application or the work that was done which is depicted in the two photographs attached to the affidavit, you can see that the longest exterior wall is the wall that actually encroaches on the 75 foot setback require- ment. There's been no attempt to even flip over the building so that the encroachment can be diminished at least in the pockets shown on the application. And this entire exterior wall extends the 15 feet into the setback requirement. The applicant has stated that he, in fact, had a wetland permit. And of course, he retained professionals to get this wetland permit for him. What we ask the Board to do is examine Section 661-10 of the Department of Environ- mental Conservation laws which is attached as exhibit (3) and see how or if it were possible that this applicant (in fact) met the burden of proof put upon him under this section of the Environ- mental Conservation Law. The requirements are extremely stringent and how he could have possibly met those requirements, escapes (at least) your speaker here tonight. And in conclusion as far as the affidavit is concerned, for the reasons that are set forth in the affidavit, Susan F. Escrow and the Honorable Joseph A. Page 6 - NovemberAL~.· 1987 'Public Hearing - ~ony Gambino Southold Z.B~A. MR. LONGO (continued): Escrow, Jr. respectfully request that this application for a vari- ance be denied. The affirmation that was put before you was my personal affirmation. I've already stated who I am and of course, you know I'm here in opposition on behalf of the Escrows to the granting of this variance. And examining the documents and what has transpired here in the past, I ask the Board to possibly con- sider the questions set forth in my affirmation. And that is; the applicant has stated here tonight that he took title to the property in 1983. We ask the Board to determine when did he first get an option to take title to this? Secondly, why was the date or how did the date get kind of deluted on the deed, a copy of which is attached to my affirmation. Another thing, how come the deed was filed more than a year later if he (in fact) took title in October of 19837 Why was it filed in 19847 What was his re- lationship to this property? Was it possible that he had an op- tion and he was sitting and waiting for favorable rulings on the zoning regulations. And if that is so, is he a proper party that the legislatures had in mind when they enacted the section of the zoning ordinace which permitted an individual person to build on a building lot of less than 40,000 square feet? Is he such a per- son? We ask the Board to consider this. In addition to that, at- tached to my affirmation are copies of two letters from the attorney for the applicant. I ask the Board to read those letters and to ascertain for themselves what was intended by the applicant by such letters. And again, I would request that this Board deny the application for a variance. CHAIRMAN GOEHRINGER: Yes sir. I was just reading the last two letters° I have nothing at this particular point. Than you sir. MR. BRESSLER: Yes Mr. Goehringer. I would certainly like the courtesy of being mady privy to what has been submitted on behalf of the objectants and certainly be given a reasonable opportunity in writing to read it and respond to it. CHAIRMAN GOERINGER: I was going to suggest that we recess this hearing until the next regularly scheduled meeting in an attempt to have our attorney look at the document also. If the Board so desires or whatever the situation is and whatever questions we might have that may require either of you or of Judge Escrow. MR. BRESSLER: Not having seen the affidavit and affirmation, I am unclear as to what additional oral testimony could enlighten the Board with respect to the arguments raised. What I've heard is absolutely nothing, quite honestly. I've heard a question raised concerning the date of transfer. I think that's completely irrelevant. Whenever he got it, he got it. He duly applied for his permits. I don't see that that's an issue at all. With re- spect to the issue that was raised with respect to the long wall, it seems so evident that I even hesitate to take the Board's time. But it seems obvious that this long wall shown by the surveyor, is roughly 60 feet along its entire length. And were Mr. Gambino to twist and turn his dwelling, no matter where that corner fell, he would still be 60 feet. In fact, I'm sure the Board has in its possession, an earlier survey demonstrating that a twist of Paqe 7 - November ~ 1987 'PuSlic Hearing - A~ony Gambino " Southold Z.B.A. MR. BRESSLER: the proposed house, 45 or 60 degrees counter clock- wise, would not make the slightest bit of difference. We still have the 60 foot problem. Is there anything to the Board's know- ledge, contained in this affidavit or affirmation which can't be answered in writing? If that's the case, I would certainly agree with you that the hearing should be recessed. If there's nothing~ that can't be addressed in writing, then I would respectfully re- quest that I be given an opportunity to answer it in writing and have the matter submitted. I'm just not sure what further testi- mony is going to do here. I haven't heard anything in opposition other than the fact that they don't want this particular relief granted. I would say in that regard, that the Trustees' approval that I furnished you with reflects the fact that there is no ob- jection at the Trustees' hearing. So you can take that for what it's worth. ATTORNEY BRESSLER (at this time) REVIEWED THE AFFIDAVIT AND AFFIR- MATION AS SUBMITTED BY ATTORNEY LONGO PREVIOUSLY. MR. BRESSLER: I'm prepared to respond to this at this time and have you close the hearing. CHAIRMAN GOEHRINGER: Go ahead. MR. BRESSLER: I'd like to address the affidavit in opposition first. Certainly I have no dispute with the copies of the zoning ordinance which are annexed to the affidavit in opposition. They are what they are. I think it's clear that we have the one remaining lot (There may be one other.) on Lupton's Point and this is what we got and the Board is aware of what the size of the lots on Lupton's Point are. I think it's somewhat tongue and cheek for the objectants to come in and say; well, gee, this lot is undersized. Every lot on Lupton's Point is undersized and we all know that. That's the character of the neighborhood. The applicant has acted in bad faith. Concrete footings were installed, the forms for the foundation were all over the place. Yes, we did it. We had a valid building permit at the time and that's beyond dispute.as we've explained. The excavation was done and the footings were done and it's beyond argument that those were done in reliance on the building permit. I think you've got hardship right there without looking any further. An attempt to minimize the encroachment, we've been to every Board save this one and it wasn't our fault and we're here now. We have permits from the D.E.C. We have permits from the Trustees. We've got per- mits from the Health Department. We put it where we felt we had to put it and it's not a castle as you can see from the survey. It's a house well in keeping with the size of other dwellings on Lupton's Point. Finally, the point in the affidavit that we must seek a permit not only for the Building Department but for the D.E.C., we have it. We met their requirements. If the objectants think there is a problem with D.E.C., they have their remedies. We have supplied you with a copy of the permit and I think that's the end of that argument before this Board. Turning now to the affirmation .Page 8 - November 1987 Public Hearing - Gambino Southold Z.B.A. MR. BRESSLER~ (continued): in opposition, options to purchase, dates of deeds; completely irrelevant and a complete smoke screen. The applicant bought the property. He told you what he paid and he told you the money he spent on it. Options are absolutely irrelevant. Now, with respect to the letters, gentlemen, the letters of August 4th and November 2nd which are attached to this affirmation. Let me say in closing, that it pains me greatly that the objec- tant has chosen to bring this ugly and sordid matter before the Board. And out of respect to the people involved and this Board, you will note (most significantly) that the applicant did not bring these matters up and drag anybody through the mud and it wasn't our intention to do that. And I have several comments with respect to letters that the objectant has placed before this Board. First of all, I think they are totally irrelevant to this proceeding. Secondly, I think the Board can see from the comments contained in Mr. Wickham's letter of August 4th and November 2nd, that there has been an ongoing dispute between these people. Although it pains me greatly to do it, I'm going to have to bring to the Board's attention the nature of the dis- pute that's been going on between these people. There seems to be, based upon the record and based upon the appearance here to- night, a concerted effort that this man not get his relief and build his house there. I would suggest to the Board that the letters which were sent and attached to this affirmation which was commissioned by our client, Mr. Gambino and was sent by Mr. Wickham at the behest of Mr. Gambino because of the problems that he is having with the objectant. And if the Board requires further details concerning the personal animosity between these parties, I'll put Mr. Gambino up here for two minutes and you'll hear all about it. because it has been raised by the objectant. I had no intention to do that tonight. But if the Board requires allucidation on the meaning of these letters and the Board con- siders it significant, I'd ask for two minutes to have Mr. Gam- bino tell his story. If the Board tells me on the record now, that it deems that irrelevant and it doesn't want to get into personalities, then so be it and that portion will be stricken from the record. Gentlemen, what's your pleasure? CHAIRMAN GOEHRINGER: We never want to get involved in personali- ties sir. MR. BRESSLER: That's fine. Then I'll take that to mean that as far as that's concerned, that's not a legal argument before this Board and I would prefer not to put testimony before the Board. CHAIRMAN GOEHRINGER: I'm not determining if it's legal or not legal at this particular time because I'm not in the-particular position to do so. I would say that personalities will not play a factor. .Page 9 - November 1~ 1987 Public Hearing - A~ny Gambino Southold Z.B.A. MR. BRESSLER: In light of your ruling, I ask for two minutes then for Mr. Gambino to explain the nature of the letter and that will conclude my proof. ~gaJ~D, I state it is with great hesitation and pain that I do this. Mr. Gambino. The objectants; Joseph and Susan Esquir0] have put into evidence the letters of August 4th and November 2nd as written by William Wickham to the Judge and Mrs. Esquir0] and Con- cerning the problems you've had. Have you had a personal problem with these two people? MR. GAMBINO: Yes I have. To start off with, I can't help that my name is Gambino. Judge 5$quir0]said to me a number of times that I was either connected or I was related. And I also have witnesses, three of them in fact that they heard slanders against me. I even went to the Police Department (I believe) on April 17th when Ray Nine~ (that was the last incident) was clearing up the property with me and he went up to him (Ray Nine)"I was the one that fire- bombed his house and threatened his kids." I went right to the Po- lice Department and reported it and I went to Mr. Wickham. In fact, I had a letter. MR. BRESSLER: Was it true? MR. GAMBINO: Definitely it was true. MR. BRESSLER: Was the accusations he made concerning you, true? MR. GAMBINO: No. They're not true. MR. BRESSLER: Alright. enough on that. I think the Board has heard absolutely MR. GAMBINO: And I have two other witnesses. What Mr. Wickham said to me... MR. BRESSLER: Well, let's not get into that. That's just a little bit of the flavor and I don't intend to spread the rest of it in front of the Board. But the objectants has raised this and they put these letters into evidence and they've raised the question as to what this is all about. Now you've heard what it's all about and I have nothing more to say on that issue. MR. LONGO: Just a brief comment in rebuttal. If protecting one's legal rights is a harassment, then our entire social system fails. And if good faith is not part of any application or any remedy" of law or otherwise, then again, our system fails. CHAIRMAN GOEHRINGER: Hearing no further comment, I'll ask the Board if they have anything they'd like to say. MR. LESSARD: Mr. Chairman, I'd like to ask through the chair if I could ask Mr. Gambino a couple of questions? .Page 10 - November ~, 1987 Pqblic Hearing - A~ny Gambino Southold Z.B.A. CHAI~4AN GOEHRINGER: Only if Mr. Gambino is willing to answer the question. Are you willing to answer any questions from the Build- ing Department? MR. GAMBINO: I feel very aggravated and I feel very upset. CHAIRMAN GOEHRINGER: I understand. MR. GAMBINO: I think we've gone further then I thought we would tonight. MR. BRESSLER: Perhaps if we hear the nature of the questions, I might be able to discuss it with Mr. Gambino. MR. LESSARD: I would ask Mr. Gambino, through the chair, if after he got the stop order, that he came into my office and we discussed it before he poured the foundation. I'd ask him if he did that? MR. BRESSLER: I think that on behalf of Mr. Gambino, Mr. Chairman, I think we have satisfactorily set forth the sequence of events con- cerning this matter. The excavation, the pouring of the footings and the nature of the purported stop work that was issued. And I don't think that any further testimony or questions on this matter would be helpful. I think under the circumstances, Mr. Gambino has had just about enough. I'm sorry, Mr. Chairman. MR. LESSARD: Then I'll make a statement from the floor. We've heard a lot about the Building Department tonight and it certainly wasn't in a rosy atmosphere. When Mr. Gambino was given his stop order be- fore his foundation was poured, his daughter and he came into my of- fice. We discussed it. I explained it to him and he said fine. He went and poured the foundation and he realized it would cost money and so did I but he was willing to go that route. Now, when he went back to the site on the advice of his attorney on some technicality, he poured that foundation. Now, he mentioned that since he's had his permit, it's cost him 29 thousand whatever. I would like the Board to find out exactly how much of that money was spent after on the legal advice he was given to ignore the stop order. And I think you'll find that a majority of that 29 thousand lies there after his attorney felt he knew more than the town on law. And that's the way the proper sequence. And if we look into further on the submission and what was actually put down, you may find it two different ani- mals also. MR. BRESSLER: Mr. Chairman, before the witness steps down, .... CHAIRMAN GOEHRINGER: I don't know if he'll answer a question. You can address the Board with a question. I have no idea. Just the way he addressed the situation. Go ahead. Address the Board. MR. BRESSLER: First of all .... .Page 11 - November ~, 1987 ' ' Pqblic Hearing - A~ny Gambino ~' Southold Z.B.A. CHAIRMAN GOEHRINGER: I can not voluntarily force anybody to answer a question Mr. Bressler. MR. BRESSLER: First of all, I would like this card introduced into evidence. And secondly, I think the question from the Board to this witness ought to be; does this comply with Section 100-143 of the zoning ordinance. That's the question. The argument has been made. I think it's clear from the reading of the statute that this pur- ported stop work is not a valid stop work order. And what Mr. Gam~ bino did and what advice he was given and the conclusions that this witness has drawn based upon no personal knowledge whatsoever, are a matter for this Board to consider. And I would offer this up in evidence and respectfully direct the Board's attention to Section 100-143 and have the Board put the question to Mr. Lessard as to where in this purported stop work it states the conditions under which the work may be resumed as required by the ordinance. CHAIRMAN GOEHRINGER: I apologize. Are you Mr. Longo. MR. LONGO: Yes. Before the Board considers posing the question to the prior witness, I am surprised at council. He is asking the Board to illicit a legal opinion from a Building Department member. And of course, he knows it's an improper question and it should not be put. MR. BRESSLER: I would just like to point out to the Board in deter- mining whether or not to put this question to the Chief Enforcement Officer of the zoning ordinance. A man who is charged with knowing the code and enforcing the code. Whether that's proper or improper, is totally up to you. To determine something is a mere technicality when it works against you, is something I think ill befits anyone, either in a town position or as a lawyer. The law is the law and it's applied even handedly. And if you don't comply, you don't com- ply. If you comply with the ordinance, you comply with the ordinance. We're here tonight asking for a variance. I've put the evidence in. I live it up to the Board. CHAIRMAN GOEHRINGER: Mr. Longo, you had something else to say. MR. LONGO: Mr. Chairman and members of the Board. It's a propos- terous situation. Council knows for every writing, there are at least 15 volumes of cases explaining the legal significance of the writing. CHAIRMAN GOEHRINGER: Mr. Lessard, I thank you for your testimony. Iithank everybody for their courtesy. I have never asked a town official to illicit any response that he or she did not want to illicit. Therefore, at this particular point I'll make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ANTHONY GAMBINO, and Applicant, Application No. 3672 AFFIRMATION IN OPPOSITION HON. JOSEPH A. ESQUIROL, JR., and SUSAN F. ESQUIROL, Opponents. MARCO A. LONGO, JR., an attorney duly admitted to practice law in the State of New York, hereby affirms under penalties of perjury: I am associated with COMPOSTO & LONGO, ESQS., attorneys for the Opponents in the within matter, and am fully familiar with the facts and circumstances set forth herein, and submit this Affirmation In Opposition to granting to the Applicant a Variance to the Zoning Ordinance, Article XI, Section 110-119.2 for approval of the construction of a new dwelling with an insufficient set back from the nearest tidal wetlands and/or ordinary high water mark along Deep Hole Creek. In addition to the considerations set forth in the Affidavit In Opposition submitted by the Hon. Joseph A. Esquirol, Jr. and Susan F. Esquirol, Opponents, your affirmant respectfully requests that this Board consider the following questions in reaching its decision: Did the Applicant have an option to purchase his premises prior to August 9, 1983 possibly in contemplation of the amendment to §100-31A of the Zoning Law; If so, is this Applicant a person contemplated by the legislators as qualifying under § lO0-31A to build on a lot with an area of less than 40,000 square feet; What is the significance of the unclear date on his deed and the acknowledgement thereon (attached hereto); What was the Applicant's intent in sending the letters, by his attorney, dated August 4, 1987 and November 2, 1987 (attached hereto); and Will the Applicant be able to meet his burden of proof as set forth in §661-10 of the Environmental Conservation Law to obtain the necessary Wetland Permit in addition to the Building Department Permit? And further requests that this Application for a variance be denied. MARCO A. LONGJ, JR.,~S(~/" Dated: November 10, 1987 J. OC4 85 Deep Hole Drive D~S! ~O00 14.00 LO! 010.000 .,~ ~,.~..~.k~]ml~ at ~ttituck, in the ?ovn of ~u~ld, Cowry of ~ffolk ~ S~te of New York, ~1~ ~ ~ ~rl~ as roll--s ~ it a ~ln~ on ~ ~u~erly 1~ of dls~t 1218.07 feet ~sterly f~m ~e co~r · -~;lon of ~ld southerly line of ~d ~ f~t ~$terly line of ~r~too~ ~ad; ~e ~u~erly l~e off ~d ~ f~t prl~te ~, R~ING ~B elo~ the o~ ~ ~r ~ of ~p ~le C~, ~e follo~ tls line courses ~ dl.~es: ~ ~u~ ,1 deg.es 27 .,.tea ~ .ecG....t 57 feet ~uth 10 degrees &7 minutes 10 ~a South 65 degrees 16 Bi.tea 10 $eco~ ~at 79.~ feet 1~ now or fo~rl7 of Real--n, fo~rly of R~ING ~E North 10 de~es I~ m~te. ~ said lest ~ntloned l~d, 191.~ feet ~ ~e 20 feet private ~ad at ~e ~lnt or place of ~ wl~ a non-exclusive ease~t of ~s ~d over ~e private ~ad, ~ feet wide, f~m BEING ~e same p~mlses conve~ed by de~ ~d J~y ~on E. ~son ~d ~e C. ~son, him w~fe, 6~ page ~, ~e said ~on E. ~son ~vl~ off Suffolk Cc~ty on ~y 19, 197~. T~ with an easement ) feet by ~ feet square for bounded o~ the ~h by ~he 20' ~l~t of WRy, West by other land of ~e party of ~e first p~t; ~e ~r~asterly corner of said easement bel~locat~ 10' wea~rly of ~e ~r~es~ly corner of land of Joseph A.~qul~l, Jr. ~ Anne C. ~ason OCT 1 9 lt~l TR;' io in~ kno~a, ~i~ Iim~ ~lr~ m~ duly i~t. dld dqlm~ a~d ANTHONY ~AMB 1 NO ¥~LC~, VJ. CkhSB & BI'easier', P.C. Main Road P. O. ~x I Att: W1111~ Wick, M. WICKHAM, WICKHAM & BrESSLER, ~^~ ~o~o. ~.o ~ox ~4~4 August 4, 1987 Honorable and Mrs. Joseph A. Lupton Point Mattituck, New York 11952 Esquirol Dear Judge and Mrs. Esquirol: The Gambinos have come to me several times recently, in addition to the number since they acquired the Mason property. They have given me many examples of your abusive conduct to them, both directly and otherwise. They can no longer tolerate it. This is to advise you that unless this conduct ceases immediately and completely, I shall have no alternative than to report you to the Commission on Judicial Conduct and take whatever action is necesssary. / / Very, 'ru y yo , WICKHAI',4, WICKHAM & BRESSLER, MAIN ROAD. P.O. E~OX 1424 November 2, 1987 Honorable and Mrs. Joseph A. Esquirol Lupton Point b~ttituck, NY 11952 Dear Judge and Mrs. Esquirol: This is the last warning regarding your interference with Mr. Gambino and his building program. Just one further instance will precipitate action, the extent of which you could not anticipate. Very tr~y yours, A~n~lication No. 3672 ex No. SOUTHOLD TOWN BO~OF Year 19 APPEALS, TOWN OF SOUTHOLD, FROCK COUNTY, NEW YORK ANTHONY GAMBINO, Applicant and HON. JOSEPH A. ESQUIROL, JR., and SUSAN F. ESQUIROL, Opponents AFFIDAVIT IN OPPOSITION COMPOSTO & CONGO, ESQ. ~tto~n~for Opponents Office and Post Office Address, Telephone 142 JORALEMON STREET BROOKLYN, NEW YORK 11201 To Attorney(s) for Service of a copy of the within Dated, is hereby admitted. Attorney(s) for Sir:--Please take notice that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 19 [] NOTIC£ OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, To Attorney(s) for Yours, etc. COMPOSTO & CONGO, ESQ. Attorneys for Office and Post Office Address 142 JORALEMON STRE;T BROOKLYN, NEW YORK 11201 STATE OF NEW YORK, COUNTY OF ss.: I, the undersigned, an attorney ~dmitted to practice in the courts of New York State, [] Certifi;ati0n certify that the~ithin ayAtt0rney has been compared by me with the original and found to be [] AffirmationAtt°rney's state that I am I a true and complete copy. the attorney(s) of record for in the within action; I have read the foregoing ~ and know the contents thereof; the same is true to my ow knowledge, except as to the matters therein stated to be alleged on informati.on and belief, and as to those matterI I believe it to be true. The reason this verification is made by me and not by The grounds o~ my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing state~nents are true, under the penalties of perjury. Dated: STATE OF NEW YORK, COUNT~ OF ss.: I, I being sworn, say: I am ~ [] ladivldualin the within action; I have read the foregoing m Verification -- ! and know the contents thereof; the same is true to my own knowledge, except as to the matters th rein stated to be alleged on inform&tion and belief, and as to those matters I believe it to be true. [] co 0,,te the of Verification ~ a corporation and a party in thc within action; I have read the foregoing t~ and know the contents thereof; and the same is true to my own knowledge, except as to e matters therein stated to be alleged upon information and belief, and as to tkose matters I believe it to be true. ~his verification is made by me because the a.bove party is a corporation and I am an officer thereof. The grounds of my belief as tohll matters not stated upon my own knowledge are as follows: Sworn to before me on 19 The name si~ed must be printed STATE OF NEW YORK, COUNTY OF of age and reside at On being sworn~ say; I am not a party to the action, am over 18 years 19 I served the within by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody -o~ the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: by deliveringD true copy thereof personally to each person named below at the address indicated. I knew each person served to be the person mentioned and described in said papers as a party therein: Sworn to before me on 19 SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ................................................ X ANTHONY GAMBINO, and HON. JOSEPH A. ESQUIROL, JR., ESQUIROL, Applicant, and SUSAN F. APPLICATION NO. 3672 AFFIDAVIT IN OPPOSITION Opponents ................................................. X The HON. JOSEPH A.ESQUIROL, JR., and SUSAN F. ESQUIROL, by their attorneys, COMPOSTO & LONGO, ESQS., submit this Affidavit In Opposition to granting to the Applicant a Variance to the Zoning Ordiance, Article XI, Section 110-119.2 for approval of the construction of a new dwelling with an insufficient setback from the nearest tidal wetlands and/or ordinary high wate mark along Deep Hole Creek. The Opponents are owners, by the entirety, of the premises known as 1350 Lupton Point Road, Mattituck, New York 11952 and reside therein. Their property abuts the lot for which the variance is sought. Among other purposes of the Zoning Law set forth in §100.10 (Exhibit "1"), the gradual elimination of non-conforming uses is listed in §100.10F. On August 9, 1983 §100-31 (Exhibit "2") of the Zoning Law was amended. More particularly, as pertaining to this Application, §lO0-31A now permits single family dwellings on lots with an area of less than 40,000 square feet, provided that other requirements are met. THE LOT FOR WHICH THIS VARIANCE IS SOUGHT IS LESS THAN 40,000 SQUARE FEET, IN FACT, THE LOT IS APPROXIMATELY 20,000 SQUARE FEET. Conceding that the zoning regulations were eroded by law, they were nonetheless eroded by the amendment of August 9, 1983. The Applicant here is taking advantage of this particular erosion. Now the Applicant asks this Board to further erode the zoning regulations by requesting a variation of §100-119.2B (Exhibit "3") to permit the erection of his dwelling, with a SET BACK OF 60 FEET, 20% LESS THAN THE REQUIRED 75 FEET. Further, the Applicant has acted in bad faith. Concrete footings were installed and forms for foundation walls were placed. The building permit was revoked and a Stop Work Order was served at approximately 1:00 P.M. on September 3, 1987. With blatant disregard of the Stop Work Order, the applicant poured the foundation walls (Exhibit "4") and stripped the forms. Examining the work done, it becomes apparent that the applicant has made no attempt to minimize the~croachment into the required set back. In fact, the configuration of the building is such that the longest exterior wall encroaches 15 feet into the required set back throughout its entire length. In conclusion, even if this Board decides to grant this application for a variance, the Applicant must be issued a permit not only from the Building Department but also by the Department of Environmental Control. The standards for issuance of permits by the D.E.C. are set forth in ~61.10 Exhibit "5") of the Environmental Conservation Law. There exists a grave ]oub~ if not an outright impossibility, that the Applicant herein can meet the burden of proof placed upon him by §661.10 of the Environmental Conservation Law. For the reasons herein set forth, SUSAN F. ESQUIROL and the HON. JOSEPH A. ESQUIROL, JR., respectfully request that this Application for a variance be denied. Dated: November 7, 1987 Respectfully submitted, COMPOSTO & LONGO, ESQS. 142 Joralemon Street Brooklyn, New York 11201 (718) 855-5684 STATE OF NEW YORK) )SS COUNTY OF KINGS ) We, HON. JOSEPH A. ESQUIROL, JR., and SUSAN F. ESQUIROL, being sworn, say: we are the Opponents in the within action; we have read the Affidavit In Opposition and know the contents thereof; the same is true to our own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. SUSAN F. ESQUIROL ~ Sworn to before me this 7th day of November, 1987. BLIC MAP, CO A, LO~JGO, Notary Pub!is, State of New Yorl¢ 'Quah[ied in Nassau Count), § 100-9 ZONING § 100-10 § 100-152. Notice of proposed change of zone classification. Bulk and Parking Schedule [HISTORY: Adopted by the Town Board of the Town of Southold 4-9-57; amended in its entirety 4-8-58 and 11-23-71. Sections 100-13, 100-20G, 100-30B(7){a), 100-30B(9)(aL 100-30C, 100-70A(1), 100-90A(22), 100-121C(2)(i), I00-141J(5), 100-144B and 100-145 amended during codification; see Ch. I, General Provisions, Artlcle II. Other amendments noted where ap- plicable.] GENERAL REFERENCES ARTICLE I General Provisions § 100-9. Title. IAdded 2-1-83 by L.L. No. 2-19831 This chapter shall be known and may be cited as the "Southold Town Zoning Code." § 100-10. Purposes. There is hereby established a comprehensive zoning plan for the Town of Southold, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following, among ot he rs: A. The facilitation of the efficient and adequate provision of public facilities and se~qces. t3. The assurance of adequate sites for residence, industry, and commerce. C. The provisions of privacy for families. 10005 i.~.~s EXHIBIT "1" Page 1 of 2 § 100-10 SOUTHOLD CODE § 100-12 D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential areas. F. The gradual elimination of nonconforming uses. G. The enhancement of the appearance of the Town of Southold as a whole. H. The encouragement of flexibility in the design and development of land in such a way as to produce the most appropriate use of lands, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. I. The fostering and protection of agriculture and fisheries. J. To make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor. [Added 2-1-83 by L.L. No. 2-1983] § 100-11. Conflicts. A. Where a provision of this chapter conflicts with or imposes a different requirement from any other provision of this chapter, the provision or requirement which is more restrictive or which establishes the higher standard shall govern. B. Where the provisions of this chapter conflict with or ira. pose a different requirement from any other ordinance of the Town of Southold or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern. § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-1973] All of the lots on the following subdivision maps shall be ex- cepted from the lot area and lot width requirements of this 10006 EXHIBIT "1" Page 2 of 2 § 100-30 ZONING § 100.31 30B(2), (3), (4), (6), (7) and (I0) hereof, not more than thirty-two (32) square feet in area, located not less than five (5) feet from any street or lot line. (f) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. [Added 5-29-73] Yard sales, attic sales, garage sales, auction sales or similar-type sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be con- ducted on any lot in any one (1) calendar year. (bi Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on-premises sign not larger than three by four (3 x 4) feet in size, displayed for a period of not longer than one (1~ week immediately prior to the day of such sale, shall be permitted. A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). § 100-31. Bulk and parking requirements. [Amended 8-9-83 by L.L. No. 9-1983] No building or premises shall be used and no huilding or part thereof shall be erected or altered in the A Residential and Agricultural District, unless the same conforms to the following bulk and parking requirements: A In the case of a lot held in single and separate ownership prior to Novemher 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet. a single- family dwelling rna_,,' be constructed thereon, provided that 10027 EXHIBIT "2" Page 1 of 3 § 100-31 SOUTHOLD CODE § 100-31 the requirements of Column A of the Bulk and Parking Schedule incorporated into this chapter are complied with.' B. The bulk and parking requirements for single-family dwell. ings, as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter, shall apply to the following lots: All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. [Amended 10-4-83 by L.L. No. 10-1983] 12} All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. {3~ All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4} All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C..The bulk and parking requirements for single-family dwell- rags set forth in Column A-80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the following lots: All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. 12) All lots shown on major subdivision maps upon which the Planning Boo. rd has held a hearing for preliminary map approval on or after May 20, 1983. All lots set off or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwell- ings set forth in Column A-160 of the Bulk and Parking 10028 EXHIBIT "2" Page 2 of 3 § 100-31 ZONING § 100-31.1 Schedule incorporated into this chapter shall apply te"the following lots: (11 All lots shown on minor subdivision mapz wlfich have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2~ All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3} All lots set off or created by approval of the Planning Board on or after May 20, 1983. § 100-31.1. Relief from bulk and parking requirements. [Added 10-4-83 by L.L. No. 11-1983] A. Findings. (1) On May 16, 1983, the Town Board enacted Local Law No. %1983, which increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural Districts, as of its ef- fective date of May 20, 1983.' (2) On August 9, 1983, the Town Board enacted Local Law No. 9-1983,2 which excepted certain subdivision maps from the lot area, width, depth and yard re- quirements specified in said Local Law No. 7-1983. (3) The Town Booxd has now ascertained that there exist many owners of land who had expended time and money in the preparation of subdivision maps con- forming to the zoning requirements in effect prior to May 20, 1983, but, due to circumstances beyond their control, were unable to have such subdivision maps approved by the Planning Board prior to M'ay 20, 1983. (41 The Town Board finds that, in such instances, it would be inequitable to require such land owners to conform 10028.1 EXHIBIT "2" Page 3 of 3 § 100-119 SOUTHOLD CODE § 100-119.2 § 100.119. Corner lots. [Amended 2-1-83 by L.L. No. 2-1983] On a corner lot, front yards are requffed on both street front- ages, and one (1) yard other than the front yards shall deemed to be a rear yard, and the other or others, side yards. No obstruction to vision exceeding thirty (30) inches in height above curb level shall be erected or maintained at street intersections within the triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersection. § 100-119.1. Fences. walls and hedges. [Amended 5-29-73; 2-1-83 by L.L. No. 2-1983] Subject to the provisions of § 100-119, fences, walls, hedges or other live plantings within five (5) feet of the property lines may 'be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front yard property line, the same shall not exceed four (4) feet in height. B. When located along side and rear lot lines, the same shall not exceed six and one-half (6t/2) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight'(8) feet in height. § 100-119.2. Building setback from water bodies and wetlands. [Added 3-26-85 by L.L. No. 4-1985] Notwithstanding' any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots jacent to water bodies and wetlands: A. Lots adjacent to Long' Island Sound. {1) All buildings located on lots adjacent to Long Island Sound. and upon which there exists a bluff or bank landward of the shore or beach, shall be set back not less 1005.1 2.2s. ~s EXHIBIT "3" Page 1 of 2 § 100-119.2 ZONING § 100-121 than one hundred (100) feet from thc top of such bluffor bank. (2) E×cept a~ otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent t~ Long Island Sound shah be set back not less than one hundred (100) feet from the ordinary high-water mark of Long Island Sound. B. All buildings located on lots adjacent to tidal water bodies other than Long Island Sound shall be set back not less than seventy-five (75) feet from the ordinary high-water mark of such tidal water body or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. C. Ail buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, which- ever is greater. ARTICLE XlI Board of Appeals § 100-120. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. § 100-121. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have [he following powers: f(?mu'd on page 10055) 10031.1 EXHIBIT "3" Page 2 of 2 PA3J 661 TIDA~ ~-'~S - L~%~ USE KEGL-L.!T!ONS (S=a=u:ory au=hori=y: Environmen=al Conserve=ion §§1-0101, 3-0301 and 25-0302) La'.' Sec. 661.1 661.2 661.3 661.4 661.5 661.6 661.7 661.8 661.9 66!.10 66l.!! 661.12 661.13 661.i4 661.15 661.16 66!.17 661.19 66:.2C 661.21 6~1.22 661.23 66i.2~ 661.25 6~1.26 661.27 661.2~ 66!.29 661.20 661.2! Purpose of =his Par~ Finding s App licabi!iry Defi=i=ions Use guidelines Developmen: restrictions Uses ~o~ req,?ri_n~ a pe~z or notification le~er approval Nouificzuion !e=:ar requir~en~s Pe~i~ r equir~en:s S=and~ds for iss~ce of pa~zs Conditions uo a ~is~g land use ~d deve!cp~an~ V~i~ncas Jo~__,ca~_on-le%%ar proced-~as Application for a pe~i~ No=ice cf hearLng S~a=~enus by public Public hear~g; decisions after public he.inE; decisions ~hau~ public hear~gs Malice of decision :o g -z or dan7 . ,i, .. Ra_a~_c~sa_p~ -~ - ' ~ ~o SZQR ~d the Freshwater Wez!&~ds ...... n= mora=ori~ ~ app!ica:icns ~a:icn of pe~i:s Bond }~cdifica~ion of pe~:s ~d decisicns ~avoca~ion cr suspension of pe~i% Deracination -~--~..=~ !~ds dc no~ involve !lc%ora! zone ar ccas~a! shoals, bars or l<eas-~ T~ assess~en~ Joinn proceedLngs ~'=r c~her laws ~d ra~u!auicns C~ker la%-s ~d re~ula_Lszs., c~ker ~-__i~-.=-- ocr --r-ar=e--"o ~ acZi'zi~ias J'u !ia~al EXHIBIT "5" Page 1 of 8 661.9 661.10 -35- type of area involved. (b) No~ithsta.nding the provisions of of this section, where a regulated actfvi=7 subdivision is proposed for an adjacen~ area, ~aere such activi~7 is not a presumptively incompatible' use or incompatible use for adjacent areas ~nder section 661.5 of this Part, and where the regional permit ad~inistrator determines that such regulated activity will meet all of the development restr±ctlons contained in sec=ion 661.6 of this Part and that such activity will not directly or indirectly substantially alter or impair the ua~ural condition, function or values of any tidal wetland, =he regicnal permit administrator shall treat the proposed activity as an activity requiring a notification letter under sections 661.8 and 661'.14 of =his Par=; and such activity shall no~ require a permit under this Par:. Section 661.10 (a) Burden of proof. burden of establishing tha~ section will be =e~. Standards for permits on (!) C~-erai! st=-ndards. Standards for issue_hca of pe~--mits. The applicon= shall have the the applicable standards of =his an7 tidal ~e=!and. The dapar~nen~ shall '~SSue a pe_--~-i: for a proposed -e~_l=~_d activin? cn a~7 -~aa~- '~-en!a.~d only if i: is ce_a~nea hz- proposed EXHIBIT "5" Page 2 of 8 661.10 -36- (i) is compatible with the policy of the Act to preserve ~nd protect tidal wetlands and to prevent their despoliation and destruc:ion in that such resula=ed activity will not have a~ u~due adverse impact on =he present or potential value of the affected tidal wetland area or adjoinin§ or nearby tidal wetland areas for marine food production, wildlife habitat, flood end hurricane and storm control, cleansinE ecosystems, absorption of silt and orEanic m~terial, recreation, education, research, or open space ~nd aesr. hetic appreciation, as more particularly set forth in the findinEs in sec=ion 661.2 of this Part, into account the social a.nd economic b~nefits which may be derived from the proposed activity; (ii) is c~mpatib!e %~tk the public health and welfare; (iii) is reasonable and necessa_--/, =akinE into account such factors as reasonable alternatives ~o the proposed regu!atad activiT/ and =he deEree to which activity requires water access or is wa=er dependanz; (iv) complies with the developmenz restric- tions con=aLned in section 661.6 of this Par=; and (v) ccmp!ies ~izh ~he use ~uide!ines ccn- taL~ed -n secticn 661.5 of ~his Part ~ a Dro~cse~ re~a- la~ed ac~iviz7 is a pres~p~ive!y Llaompa~ible use '~dar such seczicn, :here ska!i be a ores'~_~icn ~ha~ the EXHIBIT "5" Page 3 of 8 661.10 -37- regulated activity may not be undertaken in the subject area because it is not compatible wink the area Luvolved or with :he preservation, pro:ac:ion or enhancement of the present or potential values of tidal wetlands if u~dertaken in that area. T~e applicant shall have the burden of overcoming such pres'~-~pTion amd demons~ratLng ~hat the proposed activity will be compatible with the area involved and with the preserve:ion, protection and enhamcememt of the preset: and potential values of tidal wetlands. If a use is a type of use lis:ed as an incompatible use in the use guidelines for ~he area involved, it shall no~ be undertaken on tb~T area. (2) Formerly compacted tidal we=land. In addi- =!on to the s~a~dards contained in paragraph ~ne of This subdivision, The department shall issue a permit for a regulated ac~ivizy on a formerly connected ~idai wetland only if iz is determined ~ha= the proposed ac=ivi~y will be consis=en~ with =he possible future reszora~ion of Portion of the Tidal wetland adjoinLng or sutton, ding project si=e =o i=s original condition. (c) S=an~ards for permits on .ad~acen~ areas. .a_~e~ shall issue a per-mi~ for a proposed regulated activity cn z~_ adjacent area only if i~ is de~e_--aimad ~ha~ ~'e2£ar a ~ EXHIBIT "5" Page 4 of 8 661.!0 (2) ¢-~:plies "~ -' ~_~a ~ha devalop-_em~ res~ric-.ions con=si_ned ~-n sec=ion 661.6 of this Par=; (3) will ~o~ have pres~n~ or pc=en~ial va!ua of ~y adjacen= cr na~by =ida! we=!~nd for-_a_~e-,~ food produc=iou, wildlife 'aao_=a~,'~ - flood ~nd k~ic~e ~nd s=o~ con=to!, cleansed abso~=ion of s!l= ~d org~ic ma=ariel, rectos=ion, educe- :ion, rose,ch or open space ~nd aes~ha=lc apprecia=ion, ~7 be carLve= fr~ tee proposed (~) c~!ias ~h ~ke usa sec=ion 66!.5 of =~s P~. If a proposed ac=iv~ is a pras~p=ivel7 ~c~9a=ible use for adjac~= ~aas ~der suck sec:ion, =karo shall be a pras~p=icn =~= =ha proposed ac~iv~=y ua7 no~ be ~dar~ on ~kaaa3ac~" - ~aa because enk~c~anz of =he presen= ~d po~an~iaI values of =!del we=l~ds if ~der=aken ~ ~ka= ~ea. Tee a:D!icaz= shall ha-;e ~he k~dan of cverccminE such pres~p=icn and d~cn- -..e proposed regu!a~ed ac~iv~7 c~=auible, w-i%-].=...~= .oraserva~ion, pro~ac~Lon and use is a t~e of use !isled aa ~ ~cc~paui~la use, ~% shall EXHIBIT "5" Page 5 of 8 661.10 -39- (d) ~o=ice of acquisition. Writ=eh notice by the department to an applicant proposing a regulated ac=ivi=y, or %Ti=Ten no=ice =o =he depar~en~ from the state or any agency or subdivision thereof, =ha= the state or any such agency or subdivision is in =he process of acquiring =he tidal wetland or adjacent area on which the proposed regu- lated activity would be located by negotiation or condem- nation shall be sufficient basis for denial of a permit for such regulated activity. Such no=ice may be provided at any time prior ta ~he depa_--~en='s decision To issue or deny a permit for a regulated ac=ivi=7' (e) In deco=mining whether the standards contained Ln subdivisions (b) and (c) of this section will be f~lfitled by a proposed regulated activity, The department may in its discretion consider buy proposal made by the applican~ in his application to enhance ~he existing values ser-~ed by a wet!a~d on or in =he vicinity of 5he site of the proposed regu!a~ed ac~ivi~y or to crea~e ~nd sus=ai~ new wet!and values in or in =he '.~ . vz~___~ of ~he si~e of ~he proposed regulated ac~i%~zy, provided such proposal rela~es Eo ar. area tha~ is or will be regulated u~der this Part. (f) In ~ny case in which ~u activ!r7 is specified as a use hoe recul-i~g a pe~i~ cr ~o=~=lca_Lcn 1-~.__ approval . ~c=pat_~±e use - notification !e~tar required (G~,.~ ~%der sect!ch 661.5 ~ut r_. ir _ a . EXHIBIT "5" Page 6 of 8 -40- 661.10 661.i1 pursuant =o =izie $ of ar:ic!e i5 of =he enviror.~.en=al consents=iCh law, che s~andar~s of =his Par~ w~_!l be applied in ~he depar~enc's review of such activity under article 15. Sec=ich 661.11 Conditions Co a pe.--aic. (a) ;-ny pe----_i= issued pursuanc =o =his Par= may be issued wi=h'condicions. Such condi=ions 7~m.7 be a~cached as a_= necessary Co assure ~ke preservation a~d pro=ac=ion of affected cida! we=la~ds and =o assure c~?!ia~ce '~-=h the policy and provisions of r_he Ac~ and =he standards and provisicns cf chis .-r- (b) Ever7 oe_----i= issued pursuanc ~o ,hi ?ar~ shall cc==ain che fol!o,,-'~ng coudi~ion$: (i) =he dapar=nant shall have ~ke righ~ to Lnspec: =he projecc frcm cite =o =/-~e; (2) the pe.----iz shall e:~p. ire cn (3) ~he p _-=_= .... de. shall notify =ne regional pa------it aH~nistrator cf =he da:e cn which 7rojec= conscrua- ~i~ is :c beg/_~, at least five days Ln advance cf such auzkcrlz~ J-'-7 :er-_i- :ssu=d .="r- -. to -hi Part ilia undar-_a2</_~ cf ihe au:horlzad regulated '--. a ~=-~ '~ '- Tart:~ :f i"-e hz: -rc_e-2iag .... :-_ar~ fr_ in_ gaza EXHIBIT "5" Page 7 of 8 -41- 661.11 661.12 661.13 of issua~nce of =he permit. Such permi~ shall contain a condition requiring =he portal=tee ~o notify =he regional permit adminis=ra=¢r a= leas= four=eon days in advance of each occasion upon which the permi~=ed activity will be conducted. Sec=ion 661.12 Existing l~nd use and development. (a) No provision of =his Part. shall be deemed prohibit or require the removal of an)- land use and develop- men=, includinE any s=r~cTure, lawfully in existence-on the artec=ire da=a of =his Part. (b) The developmen~ res=tic=ions in section 661.6 shall not be deemed =o require a variance for the repair, res=oration or rebuild/ng, in whole or in part, of any sc--ucture or faci!i~-y la%-fulIy in e-~is=ence on or after the effective date of =his Par=, al=hough such repair, res=ora- =ion or rebuilding ac=iv!ties ma7 be subjec= to ~he no=if!- ca."ion !et=er er per=i= require-_en~s of this ~ar=; provided, no such repair, res=oration, or rebuilding shall increase any existing nco-comp!lance '~ith the provisions of Section 661.13 Vari-ances. .,nero :nero -r~ prac'~ical dif£ia.a~_:!es i.-_ Eke ',-al; of cut of a~ny cf :ko provisi.-ns cf section 661.6 cf EXHIBIT "5" Page 8 of 8 '~:F=~'a 'O~NO'I ~' O,.LSOdlNO:~ _Application No. 3672 Index No. Year 19 SOUTHOLD TOWN BO~OF APPEALS TOWN OF SOUTHOLD, ~TJFFOLK COUNTY, NEW YORK ANTHONY GAMBINO, Applicant and HON. JOSEPH A. ESQUIROL, JR., and SUSAN F. ESQUIROL, Opponents AFFIDAVIT IN OPPOSITION COMPOSTO & LONGO, ESQ. Attorneys for Opponents Office and Post Office Address. Telephone 142 JORA/EMON STREET BROOKLYN, NEW YORK 11201 (71 e) 855-5684 To Attorney(s) for Service of a copy of the within Dated, is hereby admitted. Attorney(s) for Sir:--Please take notice that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 19 [] NO'TICE OF SE-FFLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, To Attorney(s) for Yours, etc. COMPOSTO & LONGO, ESQ. Attorneys for Of J'tce and Post Office Address 142 JORALEMON STREET BROOKLYN. NEW YORK I 1201 STATE OF NEW YORK, COUNTY] OF ss.: I, the undersigned, an attorney ~dmitted to practice in the courts of New York State, [] ::'=::: me w th the original and found to be a true and complete copy. i[] Anorney's state that I am! Affirmation the attorney (s) of record for in the within action; I have read the foregoing and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matter~ I believe it to be true. The reason this verification is made by me and not by The grounds o! my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing state~aents are true, under 1 Dated: STATE OF NEW YORK, COUNT~ I, ~ [] Individual in the within ~ the matters t~ ~ [] co,po,ate the ~ a except as to it to be true. The grounds of mybelief as to Sworn to before me on STATE OF NEW YORK, COUNT I, of age and reside at On .~ [] se.ic~ by depositing m~ By Mail and custody o ~ known addres [] Personal by delivering $~,,ice O. served to be Individual Sworn to before me on the penalties of perjury. The name signed must be printed beneath · OF ss.: being sworn, say: 1 am ction; I have read the foregoing and know the contents thereof; the same is true to my own knowledge, except as to ,rein stated to be alleged on information and belief, and as to those matters f believe it to be true. of corporation and a party in the within action; I have read the foregoing and know the contents thereof; and the same is true to my own knowledge, e matters therein stated to be alleged upon information and belief, and as to those matters I believe 'his verification is made by me because the a.bove party is a corporation and I am an officer thereof. tH matters not stated upon my own knowledge are as follows: 19 The name signed must be printed beneath OF being sworn, say; I am not a party to the action, am over 18 years 19 I served the within a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care the U.S. Postal Service within New York State, addressed to each of the following persons at the last set forth after each name: true copy thereof personally to each person named below at the address indicated. I knew each person ]e person mentioned and described in said papers as a party therein: 19 The name signed mu~t be printed beneath WILLIAM WlCKHAI~4 ERIC U. BRESSLER DANIEL C. R055 WICKHAM, WICKHAIvf 8{ BRESSLER, P.c. HAIN ROAD. P.O, BOX 14;~4 MATTITUCK, LONG ISLAND 5~6-298-8353 October 21, 1987 I~ORTGAG E OFFICE Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Gentlemen: Re: Application of Anthony Gambino for Variance In accordance with Mr. Goehringer's letter of September 17, 1987, we enclose six prints of the revised survey in connection with the above-referenced application. We understand that this matter will be placed on the agenda for the November I0, 1987 meeting. Thank you for your cooperation in this matter. Very truly yours, Ellen M. Urbanski Legal Assistant /emu encls. (HAND DELIVERED) TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 Appl. No. 3672 Applicant(s) Anthony Gambino Location of Property: East End of Lupton Point Road, Mattituck County Tax Map ID N. 1000 - ]]5 - ]] - ]0 Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Sawicki and Doyen. Absent was: (None) also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. The Chairman opened the hearing at 10:10 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated December 22, 1981 and updated on October 22, 1987 indicating this foundation which is in a little excess of 10 feet to the west property line; at its closest point 35 feet and 35.43 from the right-of-way and approximatel~ 60 feet from the high water mark of Deep Hole Creek. AndI have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to speak? Mr. Bressler. MR. BRESSLER: Eric Bressler, Wickham, Wickham and Bresser, P.C. Main Road, Mattituck, New York for the applicant, Anthony Gambino. We are here tonight before the Board somewhat out of sequence and I'm sure the Board is aware. We are here tonight out of sequence to discuss the hardship that whch has befallen Mr. Gambino in con- nection which his construction onlthe property. Briefly, as I'm sure the Board is aware, I will relate the history of Mr. Gambino's attempts to build on this property. Mr. Gambino retained experts, The Land Use Company to obtain the necessary permits to consturct on this lot on Lupton's Point. The Board is aware. It is the last lot on the south side. A very nice and scenic location on the end of Lupton's Point. He went out, and as the Board can see from the exhibits, he got the Department of Environmental Conservation ap- proval to construct within 60 feet of the wetlands of Deep Hole Creek. He went and got Health Department approval for his water and sanitary systems. He went to the Town Trustees and he got ap- proval to put his house within 60 feet of Deep Hole Creek. And then, through the Land Use Company, he went to the Building Depart- ment and said; I've got everything don't I and they said yes you do. Here is your building permit. They gave him his building permit and he commenced work. He excavated, He poured footings. He set forms and he poured a foundation all before revocation of his building permit. It's come to our attention and we are before.the .Page 2 - November ~ 1987 Public Hearing - A~ony Gambino Southold Z.B.A. MR. BRESSLER (continued): Board because of Section i19.2B which imposes on the applicant the requirement to come to the Zoning Board of Appeals for a variance because he's within 75 feet of Deep Hole Creek. Essentlially the same application that we made to the Trustees to building within 75 feet of the wetlands. And here we are. Mr. Gambinol purchased the property some number of years ago and then he embarked upon getting his permits. He then expended substantial sumsi of money performing work pursuant to the permits which he had b~en granted. And you will hear later from Mr. Gambino, concerning the magnitude of the sums which he expended to improve his property ~efore the error was:discovered by the Building Department. They :came down, issued their notices and now we're before the Board asking for re- lief. Now, with respect to the property itself, the Board will note from review of the survey that Mr. Gambino's hous~ is tucked up nice and close into the corner of the property° He has main- tained minimum sideyard setbacks and he's maintained sgtback from the right-of-way in accordance with the zoning code. The sanitary systems pursuant to the Health Department requirements, have to be set up there tucked between the house and the right-of2way. That's the only place they can be consistent with the Board of Health re- quirements for the well placement there to the south of the proper- ty which you can see on your survey. So what we are faced with here is a situation where Mr. Gambino's house is where iit is and that's the only place that this house can be.~ Were Mr. Gambino to attempt to move it westward, he would be faced with ia variance of the zoning ordinance to be too close to the sideyard a~d we certain- ly don't want to do that. Were he to attempt to move his house north toward the right-of-way, he would run into a Board of Health problem of building over his cesspools. He certainly couldn't move the property to the east because then he would be closer to the Creek. And to move it south, wouldn't afford him any relief either because he'd still have the distance problem. If he were to attempt to shrink his house down by 15 feet in order to comply strictly with the zoning ordinance, he'd be left with a house with virtually no width. In short, what he's stuck with, is this location as has already been approved by all the other Boards and there's basically no place else for it. So what we're asking for is the!60 feet which he has been granted and which he commenced construction in connection with the house. Now, with respect to the umiqueness of this hardship, I think a review of the survey and the tax map show- ing the surrounding properties, demonstrates the unique problems that Mr. Gambino has encountered in connection with this particular parcel. He does have water to the south and to the east, thereby, creating a serious problem for him in locating his house. Clearly, putting a house there is going to be consistent with the character of the neighborhood. I'm sure the Board is aware thatlit is resi- dential in nature. There are houses on virtually every other lot.. Many of which are closer to the water. And certainly, lputting his house here would not do violence to the character of the neighbor- hood. Now, there is one other problem that I'm going ~o address because I know that the Board is concerned about this. And that is the exact sequence ~f events that {ook place surrounding the issuance of the Building Department's permits, purported stop works, etc. Now, as I previously stated to the Board, Mr. Gambino obtained .Page 3 - November it 1987 Public Hearing - Antony Gambino Southold Z.B.A. MR. BRESSLER (continued): a building permit from the town and he went out and he excavated and he poured his footings and the forms were up and the~lread~-mix truck was there going around and around and the special pump was there, the troughs for the concrete were in place and a representa- tive from the Building Department showed up and said you've got to stop. Mr. Gambino said; what are you talking about? Here are all my permits. Well, we made a mistake. He said, what am I going to do about the concrete truck? What am I going to do about my forms? And as you'll hear from him momentarily, it would have cost him a whole lot of money to tear down those forms, take the special pump away, bring the forms back and pour at some later date. If that were even possible this season. Now, I would di- rect the Board's attention to the process issued by the Building Department in connection with this matter. I don't know whether the Board has before it the purported stop work issued by the Building Deparment. CHAIRMAN GOEHRINGER: The Board has that. copy, we'll take it. If you have a clearer MR. BRESSLER: I have the red copy. It doesn't show up too well on the xerox but I will hand it up .... CHAIRMAN GOEHRINGER: We'll give it back to you. MR. BRESSLER: ...so that the Board can determine what exactly happened in connection with this case. Well, there it is. I would invite the Board's attention to Section 100-143 of the zoning ordinance. That section of the zoning ordinance requires that a stop order shall be in writing and shall state the condi- tions under which the work may be~resumed~ I~think it is self- evi- dent from review of that document, that it fails completely to comply with Section 100-143. It does not state the conditions under which the work may be resumed. It states nothing concern- ing what this applicant had to do or under what conditions he could resume the work. Under those circumstances, I do not be- lieve the Building Department was correct in revoking his build- ing permit on the grounds that he violated a stop work order. I think it is clearly not sufficient in light of the zoning ordinance. And I think in light of the financial hardship that you're going to hear from Mr. Gambino, he was entirely justified in doing what he did. He did not violate the stop work order and he did what he had to do to protect his investment. I would ask the Board to take into account that Mr. Gambino did just about everything that a reasonable person could do. He didn't try to do this him- self. He hired experts. They went out and they got the permits. He got all his permits. As we all know, a building permit is the last one in line. And when you get that, away you go and that's what he did. That's why I started the presentation by saying we have come to you out of sequence. Here we are. ~he man is stopped. And I might add, that since the building permit was revoked and we have gone in and talked to the Building Deparment and told them there would be no further work even prior to revocation. He has Page 4- November '~ublic Hearing - Southold Z.B.A. , 1988 ~ony Gambino MR. BRESSLER (continued): not been able to backfill. With the frost coming on, h~'s going to be in big difficulty if he doesn't get backfilled an~ then get his construction going during the winter° And now, I w~ll ask Mr. Gambino to step up and tell you a little about the finaDces regard- ing this parcel. Mr. Gambino, perhaps you can tell the.!Board what you paid for the property and what you put into the property so far and what it represents. I MR..G~BINO: I purchased the property in 1983 in October and I paid 40 thousand dollars for it. And as of now betweenI legal fees, I've spent 29 thousand 400 and 66 dollars between going! through and getting all my proper permits and applications. . MR. BRESSLER: And how much of that represents expenditures after of the building permit prior to the issuance of the the issuance revocation? MR. GAMBINO: As of August ll~when the building permit issued to me, the figure stands at 22 thousand, 350 dol is between surveys, permits, excavation, architect fees BRESSLER: was then lars. That This is the amount you expended in connection with MR. the permit and thereafter. MR. GAMBINO: That's right. Is that right~ MR.. BRESSLER: Now, you were told at the time the cone there that it was going to cost you some money for you that point. Would you describe to the Board what that MR. GAMBINO: The concrete man had his forms already sc already up, the steel was in, all the jams were in, thc in and I had a pump there which cost 800 dollars a day ordered the pump. I didn't want to knock any trees do% the house. I couldn't swing the truck around. rete man was to stop at was please. t, they were hooks were because I n alongside MR. BRESSLER: And it was the purpose of this pump to Dermit the truck to remain at a distance and pump the concrete inlso you would not destroy the lot. MR. GAMBINO: That's right. And he said to me that if lhe had to remove everything and come back again, it would cost 6,400 d611ars out of my pocket in excess of all of the other expense~ that I have. MR. BRESSLER: And were you able to afford that additicnal expense? MR. GAMBINO: Well, at this point, I would say no. .Page 5 - November / 1987 Public Hearing - An~55ony Gambino Southold Z.B.A. MR. BRESSLER: Thank you Mro Gambino. I would urge the court, the Zoning Board, in the strongest possible peramus, to grant this man's application. It's obvious what happened to him. He pursued his permit applications deligently. He started his work that he believed to be entirely legally and he ran into this problem. And I feel that he's entitled to this variance and I would ask you to give it your consideration please. CHAIRMAN GOEHRINGER: Is there anyone else who would like to speak in favor of this application? Would the gentleman come forward who would like to speak against the application. MR. LONGO: My name is Marco A. Longo, Jr. W~ are the attorney for the Honorable Joseph A. Escrow, Jr. and Susan F. Escrow who are the neighbors immediately abutting the property on the west. I have an affidavit by the Escrows and I have an affirmation which I would like to give to the Board at this point. As stated in the affidavit by the Honorable Joseph Escrow and Susan Escrow, among the purposes of the zoning law which is set forth in 100-10 which is exhibit (1) finding the affidavit in our position. The gradual elimination of non-conforming uses is listed in Section 100-10F. On August 9, 1983, Section 100-31 which is exhibit (2) of the af- fidavit, of the zoning laws, was amended. More particularly, as pertaining to this application in Section 100-3lA which now permits single family dwellings on lots with an area of less than 40,000 square feet; provided (of course) certain requirements are met. The lot which this variance is sought is less than 40,000 square feet. In fact, the lot is approximately 20,000 square feet. Con- ceeding that this zoning regulation was eroded by law, it was none- theless eroded~by this amendment of August 9, 1983. The applicant here is taking advantage (of course) of this particular erosion. Now the application asks~the Board to further erode the zoning regu- lations by requesting a variation of Section 100-119.2B which ±s exhibit (3) in the affidavit. And this is to permit the erection of his dwelling with a setback of 60 feet which is 20% less than the required 75 feet. The applicant himself has already explained to the Board that he did in fact pour the foundation walls after the stop order was issued. If you look at the application or the work that was done which is depicted in the two photographs attached to the affidavit, you can see that the longest exterior wall is the wall that actually encroaches on the 75 foot setback require- ment. There's been no attempt to even flip over the building so that the encroachment can be diminished at least in the pockets shown on the application. And this entire exterior wall extends the 15 feet into the setback requirement. The applicant has stated that he, in fact, had a wetland permit. And of course, he retained professionals to get this wetland permit for him. What we ask the Board to do is examine Section 661-10 of the Department of Environ- mental Conservation laws which is attached as exhibit (3) and see how or if it were possible that this applicant (in fact) met the burden of proof put upon him under this section of the Environ- mental Conservation Law. The requirements are extremely stringent and how he could have possibly met those requirements, escapes (at least) your speaker here tonight.- And in conclusion as far as the affidavit is concerned, for the reasons that are set forth in the affidavit, Susan F. Escrow and the Honorable Joseph A. Page 6 - November Id 1987 'PubLic Hearing - A~ony Gambino Southold Z.B~A. MR. LONGO (continued): Escrow, Jr. respectfully request that this application ifor a vari- ance be denied. The affirmation that was put before you was my personal affirmation. I've already stated who I am and of course, you know I'm here in opposition on behalf of the Escrowis to the granting of this variance. And examining the documentsi and what has transpired here in the past, I ask the Board to pos!sibly con- sider the questions set forth in my affirmation. And that is; the applicant has stated here tonight that he kook titl~ to the property in 1983. We ask the Board to determine when dlid he first get an option to take title to this? Secondly, why was! the date or how did the date get kind of deluted on the deed, a copy of which is attached to my affirmation. Another thing, ho~ come the deed was filed more than a year later if he (in fact) tDok title in October of 19837 Why was it filed in 19847 What wals his re- lationship to this property? Was it possible that he had an op- tion and he was sitting and waiting for favorable rulin!gs on the zoning regulations. And if that is so, is he a proper party that the legislatures had in mind when they enacted the sect!ion of the zoning ordinace which permitted an individual person to build on a building lot of less than 40,000 square feet? Is he ~such a per- son? We ask the Board to consider this. In addition t~ that, at- tached to my affirmation are copies of two letters from the attorney for the applicant. I ask the Board to read those letters and to ascertain for themselves what was intended by the applicant by such letters. And again, I would request that this Board deny the application for a variance. CHAIRMAN GOEHRINGER: Yes sir. I was just reading the ilast two letters° I have nothing at this particular point. Th~n you sir. MR. BRESSLER: Yes Mr. Goehringer. I would certainly like the courtesy of being mady privy to what has been submitte~ on behalf of the objectants and certainly be given a reasonable ~pportunity in writing to read it and respond to it. CHAIRMAN GOERINGER: I was going to suggest that we re~ess this hearing until the next regularly scheduled meeting in ~n attempt to have our attorney look at the document also. If the Board so desires or whatever the situation is and whatever questions we might have that may require either of you or of Judge Escrow. MR. BRESSLER: Not having seen the affidavit and affirmation, I am unclear as to what additional oral testimony could enlighten the Board with respect to the arguments raised. What I've heard is absolutely nothing, quite honestly. I've heard a q~estion raised concerning the date of transfer. I think that's! completely irrelevant. Whenever he got it, he got it. He duly applied for his permits. I don't see that that's an issue at all.. With re- spect to the issue that was raised with respect to the !long wall, it seems so evident that I even hesitate to take the BQard's time. But it seems obvious that this long wall shown by the surveyor, is roughly 60 feet along its entire length. And were Mr. Gambino to twist and turn his dwelling, no matter where that cqrner fell, he would still be 60 feet. In fact, ~'m sure the Board has in its possession, an earlier survey demonstrating that a twist of P~qe 7 - November 1~1987 '~u~lic Hearing - An~ny Gambino Southold Z.B.A. MR. BRESSLER: the proposed house, 45 or 60 degrees counter clock- wise, would not make the slightest bit of difference. We still have the 60 foot problem. Is there anything to the Board's know- ledge, contained in this affidavit or affirmation which can't be answered in writing? If that's the case, I would certainly agree with you that the hearing should be recessed. If there's nothing~ that can't be addressed in writing, then I would respectfully re- quest that I be given an opportunity to answer it in writing and have the matter submitted. I'm just not sure what further testi- mony is going to do here. I haven't heard anything in opposition other than the fact that they don't want this particular relief granted. I would say in that regard, that the Trustees' approval that I furnished you with reflects the fact that there is no ob- jection at the Trustees' hearing. So you can take that for what it's worth. ATTORNEY BRESSLER (at this time) REVIEWED THE AFFIDAVIT AND AFFIR- MATION AS SUBMITTED BY ATTORNEY LONGO PREVIOUSLY. MR. BRESSLER: I'm prepared to respond to this at this time and have you close the hearing. CHAIRMAN GOEHRINGER: Go ahead. MR. BRESSLER: I'd like to address the affidavit in opposition first. Certainly I have no dispute with the copies of the zoning ordinance which are annexed to the affidavit in opposition. They are what they are. I think it's clear that we have the one remaining lot. (There may be one other.) on Lupton's Point and this is what we got and the Board is aware of what the size of the lots on Lupton's Point are. I think it's somewhat tongue and cheek for the objectants to come in and say; well, gee, this lot is undersized. Every lot on Lupton's Point is undersized and we all know that. That's the character of the neighborhood. The applicant has acted in bad faith. Concrete footings were installed, the forms for the foundation were all over the place. Yes, we did it. We had a valid building permit at the time and that's beyond dispute.as we've explained. The excavation was done and the footings were done and it's beyond argument that those were done in reliance on the building permit. I think you've got hardship right there without looking any further. An attempt to minimize the encroachment, we've been to every Board save this one and it wasn't our fault and we're here now. We have permits from the D.E.C. We have permits from the Trustees. We've got per- mits from the Health Department. We put it where we felt we had to put it and it's not a castle as you can see from the survey. 'It's a house well in keeping with the size of other dwellings on Lupton's Point. Finally, the point in the affidavit that we must seek a permit not only for the Building Department but for the D.E.C., we have it. We met their requirements. If the objectants think there is a problem with D.E.C., they have their remedies. We have supplied you with a copy of the permit and I think that's the end of that argument before this Board. Turning now to the affirmation .Page 8 - November ~, 1987 Public Hearing - Tony Gambino Southold Z.B.A. MR. BRESSLER (continued): in opposition, options to purchase, dates of deeds; completely irrelevant and a complete smoke screen. The applicant !bought the property. He told you what he paid and he told yoq the money he spent on it. Options are absolutely irreleva~to Now, with respect to the letters, gentlemen, the letters of IAugust 4th and November 2nd which are attached to this affirmation. Let me say in closing, that it pains me greatly that t~e objec- tant has chosen to bring this ugly and sordid matter b~fore the Board. And out of respect to the people involved and ~his Board, you will note (most significantly) that the applicant did not bring these matters up and drag anybody through the mud and it wasn't our intention to do that. And I have several c~mments with respect to letters that the objectant has placed ~efore this Board. First of all, I think they are totally irbelevant to this proceeding. Secondly, I think the Board can s~e from the comments contained in Mr. Wickham's letter, of Augu. ~'t 4th and November 2nd, that there has been an ongoing dispute between these people. Although it pains me greatly to do it, ~'m going to have to bring to the Board's attention the nature o~ the dis- pute that's been going on between these people. There Iseems to be, based upon the record and based upon the appearanc~ here to- night, a concerted effort that this man not get his relief and build his house there. I would suggest to the Board t~at the letters which were sent and attached to this affirmation which was commissioned by our client, Mr. Gambino and was se~t by Mr. Wickham at the behest of Mr. Gambino because of the pr~blems that he is having' with the objectant. And if the Board requires further details concerning the personal animosity between these parties, I'll put Mr. Gambino up here for two minutes ~nd you'll hear all about it,because it has been raised by the ob~ectant. I had no intention to do that tonight. But if the Board requires allucidation on the meaning of these letters and the B~ard con- siders it significant, I'd ask for two minutes to have !Mr. Gam- bino tell his story. If the Board tells me on the record now, that it deems that irrelevant and it doesn't want to g~t into personalities, then so be it and that portion will be s!tricken from the record. Gentlemen, what's your pleasure? CHAIRMAN GOEHRINGER: We never want to get involved in !personali- ties sir. : MR. BRESSLER: That's fine. Then I'll take that to mean that as far as that's concerned, that's not a legal argument b~fore this Board and I would prefer not to put testimony before t~e Board. CHAIRMAN GOEHRINGER: I'm not determining if it's le~&~ or not legal at this particular time because I'm not in the p~rticular position to do so. I would say that personalities will not play a factor. P~ge 9 - November i 1987 'Public Hearing - Antony Gambino Southold Z.B.A. MR. BRESSLER: In light of your ruling, I ask for two minutes then for Mr. Gambino to explain the nature of the letter and that will conclude my proof. ~gaJ. D, I state it is with great hesitation and pain that I do this. Mr. Gambino. The objectants; Joseph and Susan Esqu~r0] have put into evidence the letters of August 4th and November 2nd as written by William Wickham to the Judge and Mrs. Esqu~r0] and cerning the problems you've had. Have you had a personal problem with these two people? MR. GAMBINO: Yes I have. To start off with, I can't help that my name is Gambino. Judge 5$quir0]said to me a number of times that I was either connected or I was related. And I also have witnesses, three of them in fact that they heard slanders against me. I even went to the Police Department (I believe) on April 17th when Ray Nine~ (that was the last incident) was clearing up the property with me and he went up to him (Ray Nine)"I was the one that fire- bombed his house and threatened his kids." I went right to the Po- lice Department and reported it and I went to Mr. Wickham. In fact, I had a letter. MR. BRESSLER: Was it true? MR. GAMBINO: Definitely it was true. MR. BRESSLER: Was the accusations he made concerning you, true? MR. GAMBINO: No. They're not true. MR. BRESSLER: Alright. I think the Board has heard absolutely enough on that. MR. GAMBINO: And I have two other witnesses. What Mr. Wickham said to me... MR. BRESSLER: Well, let's not get into that. That's just a little bit of the flavor and I don't intend to spread the rest of it in front of the Board. But the objectants has raised this and they put these letters into evidence and they've raised the question as to what this is all about. Now you've heard what it's all about and I have nothing more to say on that issue. MR. LONGO: Just a brief comment in rebuttal. If protecting one's legal rights is a harassment, then our entire social system fails. And if good faith is not part of any application or any remedy%' of law or otherwise, then again, our system fails. CHAIRMAN GOEHRINGER: Hearing no further comment, I'll ask the Board if they have anything they'd like to say. MR. LESSARD: Mr. Chairman, I'd like to ask through the chair if I could ask Mr. Gambino a couple of questions? Page 10 November , 1987 'Public Hearing - Iony Gambino Southold Z.B.A. CHAI~4AN GOEHRINGER: Only if Mr. Gambino is willing to answer the question. Are you willing to answer any questions fromi the Build- ing Department? MR. GAMBINO: I feel very aggravated and I feel very upset. CHAIRMAN GOEHRINGER: I understand. MR. GAMBINO: tonight. I think we've gone further then I thought we would MR. BRESSLER: Perhaps if we hear the nature of the questions, I might be able to discuss it with Mr. Gambino. MR. LESSARD: I would ask Mr. Gambino, through the chai~, if after he got the stop order, that he came into my office and We discussed it before he poured the foundation. I'd ask him if he did that? MR. BRESSLER: I think that on behalf of Mr. Gambino, Mr. Chairman, I think we have satisfactorily set forth the sequence of events con- cerning this matter. The excavation, the pouring of ths footings and the nature of the purported stop work that was issued. And I don't think that any further testimony or questions on ~his matter would be helpful. I think under the circumstances, Mr. Gambino has had just about enough. I'm sorry, Mr. Chairman. MR. LESSARD: Then I'll make a statement from the floorl. We've heard a lot about the Building Department tonight and it certainly wasn't in a rosy atmosphere. When Mr. Gambino was given his stop order be- fore his foundation was poured, his daughter and he camD into my of- fice. We discussed it. I explained it to him and he s~id fine. He went and poured the foundation and he realized it would cost money and so did I but he was willing to go that route. Now, when he went back to the site on the advice of his attorney on some ~echnicality, he poured that foundation. Now, he mentioned that sinc~ he's had his permit, it's cost him 29 thousand whatever. I would like the Board to find out exactly how much of that money was spent after on the legal advice he was given to ignore the stop order,i And I think you'll find that a majority of that 29 thousand lies there after his attorney felt he knew more than the town on law. And that's the way the proper sequence. And if we look into further on the submission and what was actually put down, you may find it two diflferent ani- mals also. MR. BRESSLER: Mr. Chairman, before the witness steps down, .... CHAIRMAN GOEHRINGER: I don't know if he'll answer a quiestion. You can address the Board with a question. I have no idea.' Just the way he addressed the situation. Go ahead. Address the Board. MR. BRESSLER: First of all : p~e 11 - November m 1987 ~Public Hearing - AnL~bny Gambino Southold Z.B.A. CHAIRMAN GOEHRINGER: I can not voluntarily force anybody to answer a question Mr. Bressler. MR. BRESSLER: First of all, I would like this card introduced into evidence. And secondly, I think the question from the Board to this witness ought to be; does this comply with Section 100-143 of the zoning ordinance. That's the question. The argument has been made. I think it's clear from the reading of the statute that this pur- ported stop work is not a valid stop work order. And what Mr. Gam- bino did and what advice he was given and the conclusions that this witness has drawn based upon no personal knowledge whatsoever, are a matter for this Board to consider. And I would offer this up in evidence and respectfully direct the Board's attention to Section 100-143 and have the Board put the question to Mr. Lessard as to where in this purported stop work it states the conditions under which the work may be resumed as required by the ordinance. CHAIRMAN GOEHRINGER: I apologize. Are you Mr. Longo. MR. LONGO: Yes. Before the Board considers posing the question to the prior witness, I am surprised at council. He is asking the Board to illicit a legal opinion from a Building Department member. And of course, he knows it's an improper question and it should not be put. MR. BRESSLER: I would just like to point out to the Board in deter- mining whether or not to put this question to the Chief Enforcement Officer of the zoning ordinance. A man who is charged with knowing the code and enforcing the code. Whether that's proper or improper, is totally up to you. To determine something is a mere technicality when it works against you, is something I think ill befits anyone, either in a town position or as a lawyer. The law is the law and it's applied even handedly. And if you don't comply, you don't com- ply. If you comply with the ordinance, you comply with the ordinance. We're here tonight asking for a variance. I've put the evidence in. I live it up to the Board. CHAIRMAN GOEHRINGER: Mr. Longo, you had something else to say. MR. LONGO: Mr. Chairman and members terous situation. Council knows for least 15 volumes of cases explaining writing. of the Board. It's a propos- every writing, there are at the legal significance of the CHAIRMAN GOEHRINGER: Mr. Lessard, I thank you for your testimony. Iithank everybody for their courtesy. I have never asked a town official to illicit any response that he or she did not want to illicit. Therefore, at this particular point I'll make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. WILLIAM WICKBAM ABIGAIL A WlCKHAM WICKHAM, WlCkhAm & BRESSLER, m.c. MA~N ROAD. P.O. bOX ~4Z4 MATTITUCK, LONG ISLAND October 1, 1987 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Att: Mr. Gerard P. Goehringer Chairman Re: ADDlication of Anthony Gambino for Variance Dear Mr. Goehringer: In accordance with your correspondence of September 17, 1987, we are enclosing four photographs of the areas under construction, together with the completed and executed Questionnaire. We have asked Roderick Van Tuyl, P.C. to update the survey in accordance with your request, and we will forward four prints of the revised survey to you immediately upon receipt. If you require any additional not hesitate to contact us. /emu encls. information, please do 70gam-le qUEST[O;ti'IA[RE TO BE COMPLETED AND SUBHITTEo 1,~ITH YOUR APPLICATION FORHS TO TIlE BOARD oF ~-~'PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict ~hese areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. Z.al *b) 2. 4. e Are there any proposals to change or alter land contours? If Yes, please attach existing.and ~proposed.plans. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined ~own Code, Ch. 97 ~or your reference.) P}ease submit.'plan. re there any areas open to a waterway without bulkhead? Are there existing structures at or below such as patios, foundations, etc? Please a~. Are the~e any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average §round~l? State ~otal: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: ~e~m~ # 16340~ ' Yes Yes Yes (~ Yes (~ Yes Yes 10. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board -- ' Town Trustees N/A 'P'~TT County Health Department PERMTT Village' 0f Greenport ~/A N.Y.S, D.E.C. ~g~.IT~ OB~AT~D Other _ ~/A sale or conveyance? Is premises pending a If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes ~ ll. Is new construction proposed in the area of contours : at 5 feet or less as exists? Yes No. Excavg~ion? Yes ~ 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva-: tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under (~ N~ the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations ~onducted upon the subject prgperty at this time Vacant Land and proposed Residenc_ee -- ~Please submit photographs for ['he record. I certify that the/a~ove statements are true and are being submi ~rgna~ure /Proper~y Owner) (ALiC~orize~gen~.) . Yes N, Ye's No N~ Yes N~ § 97-13 WETLANDS § 97-13 TO%VN -- The Town of Sou(hold. ~oRU.ST, .EES -- Tho Board of Trusteqs of the Town of uthold. [Added 6-5-84 by L.L. No. ~-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-19~G; 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or: nlermlttently cov- ered with. or whicb border on. ti, Iai waters, or]ands lying beneath tklai waters, wbic ~ at mean iow tide are covered by tidal water:~ to a: naximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh. Swamps. meac ows. flats or other low lying lands subject to tidal ac :ion; (2) Ali banks, bogs. meadows, flati ami tidal 'mar~h : subject to such tides and upon which grows or may' grow some or any: of the following: sa t hay, black grass, ssi(worts, sea lavender tall cordgrass, high bush, cattails, groundsel, mars!hmallow and Iow march cordgrass; and/o · : All land immediately ad (3) jacent tola t.,al we(hind :ts delian,ed i..n Subsection A(2) and lJ'ing' within seven- ty-five (tS) feet landward of the m,,:~t mdv..ard edge ~f such a tidal wctlaml. / ' FRESIIWATER WETLANDS: (1) 'Freshwater wet ands" as dcfincdl in Artlcle o tie 1, § 24-0107, Subdivisions l(al to l(d) inclusive, of the EavironmenUd Conservation Law of the State of New York: and (2) All land framed.(tel.;, adjacent to ai"freshwater wet- lamt," as defh~cd in Subsection B(!) and lying with- in seventy-five (7.5) feet landward bf tbe most land- v,'ard edge of a "freshwater wetland." B. 9705 SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK ?~ic~hael A. LoGrande SUFFOLK COUNTY EXECUTIVE t f STANLEY A. PAUZER Sept~er 301 1987 DI$TRICTMANA~ER Mr. Gerard P. Goehringer, Chair~. Southold T~zn Board of Appeals Mm~n Road - State Road 25 Southold, New York 11971 Regarding your request for our assessmemt of Appeal bB. 3672 - Anthony G~mbino, please be advised that a site inspection was conducted on September 30, 1987. During the inspection it was noted that the foumdation for the proposed &~elling has been constructed amd several soil erosion abatenmmt measures, including temporary seedings amd establisb-~nt of straw bale sed~-~nt barriers, have been established. Soils on the site are Plymouth loam7 samd with 3-8 percent slopes. These soils are rated as having few or no ]~m~tations regarding sewage disposal fields and ho~sites; although, a possible pollution hazard to Deep Hole Creek exists from sewage syst~ leachate due to the rapidly permeable soils. Potemtial probl-m~ associated with storm water surface runoff or flooding, do not appear to be probable at the site. The majority of the shoreline is well vegetated with Spartina altemlflora - Smooth Cordgress and Ira frutescems - Marsh Elder. If you require any additional information, please contact our office. Sincerely yours, Senior District Technician Peeontc Plaza 164 Old Co%~try P~ad, Route S th Id To B d £App Is  MAIN ~OAD- STATE ~OAD' 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (51~) 7~5-180g APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 24, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 District Re: Appeal No. 3672 Anthony Gambino Location of Property: Lupton Point County Tax Map #1000-Il5-11-10 Road, Mattituck Dear Mr. Pauzer: We presently have an application pending for the construction of a new dwelling with a setback of less than 75 feet from nearest wetland grasses (and/or ordinary highwater mark) along Deep Hole Creek in Mattituck. May we ask your assessment of this project prior to our scheduling this matter for a public hearing? Enclosed for your file are copies of the Suffolk County Tax Map and survey indicating the proposed dwelling. We are awaiting copies of an up-to-date survey which would show the existing foundation con- struction, vegetated or re-seeded areas along the low contour areas, etc. Please don't hesitate to call if additional information is required. Thank you for your time and assistance in the past. lk Enclosures Yours very truly, GERARD P. GOI~H~INGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD - STATE ROAD 2.5 SmUTHOLD, L.I., N.Y. 11c:J'7'1 TELEPHONE (516) 765-1809 September 17, 1987 Eric J. Bressler, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Application of Anthony Gambino (Variance) Dear Eric: This letter will acknowledge receipt of the above application before the Board of Appeals. The Board Members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. In the interim it is requested that the following information be furnished as early as possible: 1. four prints of an updated survey depicting all existing construction and high-marsh vegetation and seeded areas, and the setbacks therefrom; 2. photographs of the areas under consideration~ 3. completed questionnaire. lk Enclosure Yours very truly_' l GERARD P. GOEHRINGER ~ CHAIRMAN JOHN M. BREDEMEYER, Vice-Pros. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TO,TN TRUSTEES TOWN OF SOLITHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 31, 1987 TELEPHONE (516) 765-1892 Mr. Charles'W. Bowman Land Use Company North Country Road Box 361 --~ Wading River, New York 11792 Re: Anthony Gambino - Application No. 397 Dear Mr. Bowman: The following action was taken by the Board of Town Trustees regarding the above application: RESOLVED that the Southold Town Trustees accept the amended plan submitted by the Land Use Company on behalf of AnthonY Gambino reflecting the sanitary system out of the Trustees jurisdiction~ Very truly yours, Henry P. tSmith, President Board of Town Trustees HPS:ip NOTICE ~ Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 'NOTICE OF VIOLATION July t 5, _~_7~ Date: ................... , 19 -- Mr. Anthony GamDino (Owner or authori, zed agent of owne~rJ 85G D.~ep Hole Dr. Mattituck, N.Y. ]~952 Address: .... r~ ......................................... .............. (aaoress of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Artlcle---==A ...... Section---~__!~ .... that Vou are not in compliance at premises hereinafter described in ...................... = ....... with orcvisions of oermit issu,~d b~ Town of Southold Trustees. You are therefore directed and ordered to co~ply with the f~11~' ~. ~ease ~1 further ~ctivit.i~s on ~ro~ertv. Establish a ...... ln~. - ...................................... =__.__=__=__= ......... foot buzfer zone 1 ~ _~U ~U~3 ~ ~ on or before ........... day of ................ , 19-2! .... The premises to which this Notice of Violation refers are sitdated at: .................................................... _Town of Southold, Suffolk County, N%~'. (Suff. County Tax Map Designation: Section: ---~'--~---Block: -L; ..... Lo t: ....... Dist. ,%000 Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service-of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded.. I~' ~- \~; ~1 ~. ' ~J~C'~' f'~? ~ Bay Constable, Town' of Southold, NY PLEASE NOTE is the applicant's responsibili ] adcqua{¢ Snni~.~ry Oist,~nce.:. all water supply and sewagq. disposal facilities. . PLEASE NOTE ;.. ~;~ ~e ap.,D, lica.nt's r~sponsibilil~ in a'J~quc;~ s~ni!ar¥ di.~;~n¢~ n all water supply and ~1 [ac lilies Sewage, ~ sUFFOI.K DEPT. APPROVAL ~ ApP~ la a~a~ f ~ THE WATER $U~Y AHD S~AGE DIS~AL ~EMS F~ THIS RESIDENCE WILL ~ . CONFORM TO THE STANDARDS OF THE SUFFOLK C')~ DEPT~Or, ~LTH SERVICES. SUFFOLK cOuNTY~ DEPT. OF HEALTH sERVICES -- FOR APPROVAL OF OWNERS ADOR[~: .. SEAL ;K APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 4, 1987 Mr. Victor Lessard, Administrator Southold Town Building Department Southold, NY 11971 Re: Building Permit No. 16340Z - Anthony and Grace Gambino Location of Property: Lupton's Point, Mattituck County Tax Map No. 1000-115-11-10 Dear Vic: It has been brought to my attention that there is a foundation under construction at the above premises without the necessary variances under Art. XI, Section 100-119.2, etc. and communications from Susan F. and Joseph A. Esquirol, Jr., adjoining property owners, is attached for your record. We request that you again review the building- permit file and issue a Stgp Work Order immediately until the appropriate applications has been. filed and decisions rendered. At this point in time, it is our understanding that no inspections have been made or approved under the pending building permit. If this is incorrect, please advise us of the status for the record. Yours very truly, tk GERARD P. GOEHRINGER CHAIRMAN September ~, 1987 Hon. Gerard P. Goehringer Chairman Board of Appeals Southold Town Hall Southold, New York 11971 Re: Application of Anthony and Grace Gambino Section 115, Block 11, Lot No. Building Department Permit No. 16340 Z / 87 Dear Sir: Attached hereto and made a part hereof, please find a copy of a letter that waS hand delivered to the addressee therein on September 2, 1987. A full day has now passed and work on the subject premises continues. We, therefore, assume that Mr. Lessard has not issued a stop work order as requested. As the owners of the adjacent property, we now request the intervention of the Board of Appeals, because of the violation of the Southold Code, Zoning Law Sec. 100-119o2(B), occmring on the subject premises. We also believe that there are other issues both legal and factual affecting the developability of these premises, which the Board of Appeals, unlike other agencies involved, has jurisdiction to hear and decide. In order to prevent oossible further economic harm to ~.~ll concerned, we would ask yo~ now to cause a stop work order to issue forthwith, pending a hearing and determination by the Board of Appeals. 10 cc: Francis J. R~spectfmlly~omrs, _ S~s~ F. an~ Joseph ~. Esquirol, lj50 Lupron Point ~attituck, New York 11952 Yakaboski, Esq. BY HAND TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWN'ER RES. LAND AGE NEW Form Tillable SEAS. IMP. NORMAL Acre STREET VILLAGE E D I STRICT 'StYB~'.~ LOT ACREAGE .e 3/~ -'~ S 'TOTAL FARM DATE / COMM. I N D. TYPE OF BUILDING CB. REMARKS MISC. BUILDING CONDITION BELOW ABOVE Value Per Acre Value ) ~. ~ / ,,,..( Tillable 3 Woodland Swampland Brushland Hous~e Plot Total September 3, 1987 Hon. Gerard P. Goehringer Chairman Board of Appeals Southold Town Hall Southold, New York 11971 Re: Application of Anthony and Grace Gambino Section 115, Block 11, Lot No. Building Department Permit No. 16340 Z / 87 10 Dear Sir: Attached hereto and made a part hereof, plsase find a copy of a letter that was hand dslivered to the addressee therein on September 2, 1987. A full day has now passed and work on the subject premises continues. We, therefore, assume that Mr. Lessard has not issued a stop work order as requested. As the owners of the adjacent property, we now request the intervention of the Board of Appeals, because of the violation of the Southold Code, Zoning Law Sec. 100-119.2(B), occuring on the subject premises. We also believe that there are other issues both legal and factual affecting the develo~a~ility of these premises, which the Board of Appeals, ~nlike other agencies involved, has jurisdiction to hear and decide. In order to prevent possible further economic harm to all concerned, we.~would ask you now to cause a stop work order to issue forthwith, pending a hearing and determination by the Board.of Appeals. 1350 Lupron Point Mattituck, New York 11952 cc: Francis J. Yakaboski, Esq. BY HA~D September 1, 1987 Hon. Victor Lessard E~ec~tive Administrator B~ilding Department Southold Town Hall So~thold, New York 11971 Re: Application of Anthony and Grace Gambino Section 115, Block 11, Lot No. Permit No. 16340~/87 10 Dear Sir: Informal measurements made this date indicate that the one family dwelling to be b~ilt on the subject premises at at least three locations is within less than seventy-five feet of existing tidal marshland. Fmrther, the proposed dwelling is at various points within fifteen feet of our lot line and at one point within less than ten feet. The accuracy of these measurements appears to be corroborated by the plot diagram submitted in support of the application for the above cited permit. In view of this and in accordance with the Zoning Law of the Town of So~thold, we do not believe that the applicant was entitled to a b~ilding permit from your office until the matter had been heard and decided by the Board of Appeals. In July of ~his year, when the mpplicant violated the wetlands law, yo~ informed the undersigned that no permits would be issued by yo~r department and that indeed the entire matter wo~ld have to go to the Board of Appeals and that we would ~eceive actual notice of any scheduled hearing. We waited all smmmer for smch a notice and were s~prised when on Amgmst 28, 1987, excavation work was begun on the smbject parcel. Under the circumstances, we now have no alternative but to request that your office issue a stop work order forthwith, so and fairly reviewed and resolved that this matter can be f~lly by the Board of Appeals. ThanXing yo~ for yo~r prompt attention to we are ~ BY HAND this request, Respectf~lly~. y~rs, ~ ~san F. and\~oseph A. ~sq~irol, NOTICE IS HEREBY GIV- EN~ tfursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on TUI~SDAY. NOVEMBER 10~ 1987 at the following times: 7:30 p.m. Appl. No. 3677- ROBERT MOHR. Variances to the Zoning Ordinance, Article Ill, Section 100-31 Bulk Seheduie, for approval of decks attached to dwelling with insuf- ficienl rear and front yard set- backs, and Article Ill, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of W~abasso Street. Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m; AppL No. 3675- RICHARD MULLEN. JR. Variance :to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, for per- mission'to construct showroom addition with an insufficient frontyard setback from the north property line. Location ag and~the East 'Side of C0t~8~ Place, Southold, NY; Codnty Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674- RICHARD MULLEN,' JR. Special Exception to the-Zoning Ordinance, Article Vll, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-l!' General Business Zoning District. Loca- tion of Property: Corner of Main Road and East Side of Cottage Place, Southold, NY, 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684- WILLIAM AND VERA I~IOLCHAN. Variance to the Zoning Ordinance, Article II1, Section 100-32, for permission to locate accessory inground swimming pool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises localed along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY County Tax Map Parcel No. 7:50J Appl. No. 3514- GEORGn~''~ P. SCHADF. Variances to the Zoning Or- dinance, Article IlL Section 100-31, Bulk Schedule, for ap- proval of the proposed insuffi- cient lot a~a and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Pa~rcel No. 1000-78.7-42. 7:55 p.m. Appl, No. 3673- NICK MIHALIO~5. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate inground swimming pool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot No. 124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000~30-2-74. 8.~0 p.m. Appl~ No. 3680- LEONARDUS AND MARIE V. ANOUDENALL N. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-31, Bulk Schedule, for permission to con- struct addtion to dwelling with an insufficient setback from the struct addition to dwelling with an ir~ufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approx- imately 147 feet west of Little Peconic Bay R~ad, Nassau Point, Cutohogue, NY, Coun- ty Tax Map Parcel No. G R L. PENNY INC. Variance to the Zoning dinance, Article XI, Section 100-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. AppL Na~,~3682- Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to u~e existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard op- posite Sound Avenue. Zone District '!C3L~ghl ltnde~s~i~a~' ,., LocatiOn Road), Mattituck.'NY: Tax Map Parcet No. 1~-141-341. 8:15 p.m. Appl. No. 36?8- DAVID LaFRENIERE. Variance to the Zoning Or- dinance, Article VII, Section 1~-71, Bulk ~hedul~ for ~r- mission to construct addition to existing building with an insu6 ficient setback from the side (westerly) pro~rty lin& ~a- tion of Pro.ny: Corner of Main Road and the W~t Side of Peconic ~n~ P~oni~ NY; County ~x Map ~rcel No. 1~-75-5-10. Zone Bistrict: "B-I" General Business. 8:20 p.m. Appl. No. 3671- ANDRE AND THOMAS CYBULSK~: Variance to the ~ning Ordinance, Article 111, ~ction I~-30(A) for permis- sion to utilize premises for publishing o~tions, wholale b~k stage, ano 2~A ap~ o~r the ~isting private right-of-way for such use. ~ne Dist~ct: "A" ~si~n- rial and Agricultural. ~cation of ~o~rty: West Side of De~t Tax Map Parcel No. 1000-96-5-1.2 and part of 1.1. 8:35 p.m. AppL No. 3679- ROBERT AND DOLORES SCH~ V~rian~ for mission to construct open d~k addition ~th an insufficient ~t- back frow n~rest wetlands per Article XI, ~tion I~119.2. Lo.lion of Pm~y:*710 West Sho~ ~i~ R~ Sho~s Map, ~t 9 and 9art of 8, ~uthold. NY; C0u~y Tax Map ~rcel ~. 1~146. 8:45 p.~. A~l No. 35~ JOHN D~PSEY/ROBIN RAEBURN. ~: (a) for final app~l'u~d~ N~ ~vk Town ~w, Secti~ 28~A over the ~isting pri~ fight4f~y, and (b) for ~rm[ssion to l~ate proposed dwdling with an in- suffident s~k from top of bluff along t~ ~ng Island Sound, ~r A~icle XI, ~ion l~119.2. ~ion of Extending at ~e north end pta oriole fight~f.~y (t~ve~ oWr ~nds~ ~ina from north side: ~ tension ~d Oregon northerly di~i~} to the~b- ject ~mi~s idynfifi~ on the Suffolk Coumy ~ Maps as District I~, ~ion 73, 2, ~t 3.6 (P~i 3.4 and 3.5~ ~, 9:~ p.m~ A~i~ No. 3672 nnt~0~ ~nMat~O. dinah., Article XL i~ii~.2 for approval construction of n~ dwellin with an insufficient s~bac from nearest tidal w~l~ds and/or ~a~ hi~t~ marl along ~ep Hole C~k. ~ca. lion of Pro.ny: ~st End ~pton ~int RoM, Mattituck, NY: C~n~ ~ Map ~el 1~-115-11-10. The Board of Appeals hear at said time and place all ~rsons or representatives desir- ing to be h~.in each of the a~ve mauen. ~ hearing will not start befo~ }~ time allot- led. Written co~nts may be submitted prior-to the conclu- sion of the subject hearing. For more information, please call 765-18~. Dated: October 26, 1987 BY ORDER OF THE SOUTHOLD ~WN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary I F-10/29/87(30) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, bein§ duly sworn, says that she is the Editor, of 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, has been published in said Long Island Traveler-Watchman once each week for ...................... ./.... weeks successively, commencing on the ......... .~..f. ~. ...... Sworn to before me this ...... q~...'~,. ......... day of ........ .... Notary Public BARBARA FORBEs Blota~y Public, State of New York {~oalifie~ in Suffolk ~ounty Page 34frhe Suffolk Times/October 29, 1987 Legal Notices NOTICE OF HEARINGS NOTICE 1S HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- lng hearings will be held by the soUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Sou)hold Town Hall, Main Road, Sou)hold, New York, on TUESDAY, NovEMBER 10, 1987 at the foil g times: 7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Variances to the Zoning Ordinance, Article I11, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insuf- ficient rear and front yard set- backs, and Article III, Section 100-32 for approval of a~ry tltl,ieara~e st~uctttre located partly yard area. Location of ~/~ Side of Wabasso Strut, Bo6thold, NY; County Tax Map parcel No. 1000-78-3- 34.2. 7:35 p.m. Apph No. 3675 - RICHARD MULLEN, JR. Variance to the Zoning Ordi- nance, Article VH, Section 100- 7] Rulk Schedule, for permis- ~ ~ construct showroom addi- tion with an insufficient fron- tyard setback from the north property line. Location of Prol~ erty: Corner of Main Road and the East Side of Cottage Place, Seuthold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. AppL No. 3674 - RICHARD MULLEN, JR. Special Exception to the Zoning 106-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY, 1000-62-3- 19 and 20. 7:45 p.m. Appl. No. 3684 - WILLIAM AND VERA MOL- CHAN. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory inground swim- mingpool, decks, and fence en- closure in the frontyard area (in excess of 300 feet from the front property line) at premises 1o- cated along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY, County Tax Map Parcel No. 1000-106-1- 3. 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Vari- ances to the Zoning Ordinance, Article III, Section 100-31. Bulk Schedule, for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road). Sou)hold, NY; County Tax Map parcel No. 1000-78-7- 42. 7:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the Zoning Ordinance. Article XI, Section 100-119.2 for petrols- sion to locate inground swim- mingpeol, decks and fence enclo- sure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side ~of~ ..T~e Strand, Lot #124, Map olrensle Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appi. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to con- struct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approxi- ma)ely 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY, County ,Tax Map parcel No. 1000-111- 14-7. 8:05 p.m. Appl. No. 3683 - GEORGE L. PENNY INC. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.1, for permission to erect fence in the frontyard area at a height not to exceed 6V2 feet. Lo- cation of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY, County Tax Map Parcel No. 1000-141-3-38.1- 8:10 p.m. Appl. No. 3682 - GEORGE L. pENNY INCJ JERRY SHULMAN. Special Exception to the Zoning Ordi- nance, Article VIH, Section 100- 80(B) for permission to use exist- lng storage building for watch- ousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Location of property: South Side of Sound Avenue (or North Road), Mat- tituck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 - DAVID LaFRENIERE. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to con- struct addition to existing build- lng with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of peconic Lane, peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-I" General Busi- 8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, ArticI~ HI, Section 100-30(A) for permission to utilize promises for book pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pri- vato right-of-way for such use. Zone District: "A' Residential and Agricultural. Location of Property: West Side of Depot Lane, Cutohogue, NY; County Tax Map Parcel No. 1000-96-5- 1.2 and part of 1.1. 8:35 p.m. Appl. No. 3679- ROBERT AND DOLORES SCHISSEL. Variance for per- mission to construct open deck addition with an insufficient set- back from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 and part of 8, South- old, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Low, Section 280-A over the existing private right-of- way, and (b) for permission to lo- cato proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article X1, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Exten- sion and Oregon Road in a northerly direction) to the sub- ject premises identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672 - /'~ANTHONY GAMBINO. Vari- ance to the Zoning Ordinance, ~N Article XI, Section 100-119.2 for ~ t approval of the construction of t new dwelling with an insufficient I~setback from nearest tidal wet-i lands and/or ordinary highwater I mark along Deep Hole Creek. Location of Property: East~E. antd' ~ of Lupton Point Road, Ma-] tituck, NY; County Tax Map/ k~_~arcelNo. 1000-115-11-10. ,~ The Board of Appeals will hear at said time and place ali persons or representatives desir- ing to be heard in each of the above realtors. Each hearing will not start before the time al- lottod/ Written comments may be submitt~/prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5756-1TO29 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR.. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behal.f during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to 'call our office, 765-1809. Yours very tr~lv_.~ A ~ GERARD P. GOEHR~NGER ~9~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 35 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD November 10, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . A . SERGE DOYEN, .IR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION .IOSEPHH.$AWICKI Notice of Determination of Non-Significance APPEAL NO.: 3672 PROJECT NAME: ANTHONY GAMBINO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the EnvirOnmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. 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 II [ ] Unlisted [ ] DESCRIPTION OF ACTION:~pproval of the construction of new dwell- ing with an insufficient setback from nearest tidal wetlands. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Lupton Point Road., Mattituek, NY 1000-115-11-20 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent in- dicating that the pmoject will not'involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands FOR FURTHER INFORMATION, PLEASE CONTACT: Linda K6wals~i, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971- tel. 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent on the Town Clerk Bulletin Board'. (3) The relief requested is Section 617.13, 6 NYCRR, SEQRA and posted a setback variance as regulated by mc IUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3672 , application of Anthony Gambino for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Southold Town Clerk WICKHAM, WICKHAM & BRESSLER, p.c. mAIN ROAD. P,O. BOX 1424 mATTITUCK, LONG ISLAND NEW YORK II95~ Septe~ber 16, 1987 MORTGAGE OFFICE 516-298o5300 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: ADDlication for Variance of Anthony Gambino Gentlemen: Enclosed are the following in conneciton with the above-referenced application: 1. Application, in triplicate; 2. Original Notice to Adjoining Owners with Affidavit of Service thereon; 3. Short Environmental Assessment Form; 4. Wetlands Letter; 5. Five copies of the survey; 6. Copy of tax map; 7. Check in the sum of $150.00, representing the application fee. If any further information is required, please contact us immediately. Very truly yours, Eric ~. Bressler /emu encls. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ~t~aM~e~.. ~ ,..~.987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~Jam~ ~ome~ppella~t ..... l~ap- · llo~,e..D~, f,~; ·: ....... ; .............................. ...... . ....... ~ ............................. of btreet aha r~um~er .....l~..~.~.~..~Al~..g~..~tggg~,~. ................................ .He~ Zo~. ................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ,%63~0Z ........................ DATED .A~l~ae...1-1.,...lg&7 ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .................... ....................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) BUILDING I~Z04ZT BY IIOTZCE Ol DZ~AL DATED SKiPl"~fBER 4, 1987 gZTH it~TBCT TO Street/Hamlet-/- Use District on Zoning Mop Mop No, Lot No. P~i or 0~ner Button & Anne Htaon 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 xz Section I00-IIg.2(B) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ~[ A VARIANCE to the Zoning Ordinance or Zoning Map ( A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons, Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeolZ:[IJ[~) (has not) been made 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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance(Bact:l'°n 100-119'2(B) · r e_.~e for t r ason t t a~l:L.c.m~t t~ ~7 of uter. ~tXon 1~119.2~) of the ~old T~ Zo~ ~de r~u~res a~ cod~rat~n of the pr~rty nd the r~utrmnts of the hpart~t of b~th, a proposal ~8 mst h 1Ratd n~ Cbt only a shty (~) foot set back free hep ~le Cre~ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because if the so.sty-five (75) foot setback, is strictly applied, it uou~d be ~npcas4ble to ¢oustrueta dve].lioS au the property. Aa the survey eubeLttted in support of this application and eerie a part hereof deuonstcatee~ the sitioS of tho proposed dv~l~ oet4ofieo the n~n~mm front yard nnd side yard requirements of the Zon4n~ Code uh410 et a d4stance of s4vty (60) feet frou Deep Hole Creek au the east. There is effantiva~y no room to nova the proposed dv~l~ tovard She veate~n property line ami, even ~f au adjustment ~n location were made, a var4-nce ~rom bct4ou 100.119.2B vou~d st4A1 be required. There is no ny to move the proposed dveJ. l&ns tonrd the northern property line s~nce the liaitat7 syntel il required to ben located there. Hence, the proposed location of the dvell4ng is the only possible location. Ym add4tion, the applicant applied for end received approval ~or construction from the Health Department, Departuaut of BuvironmntAi Conservation, Seuthold Torn Tzustmes. and the hildin$ Deparceent. ~p4ea of the approvals are sncaxed hereto. Zn rel~suca thereupon, the applicant excavated and poured fnocin~s end a foundation prior to revocation of the Building Permit. The revo.~atinn of the BuildiogiPnruit has caused and is ceusin~ opplioant ~ranc hardship ~u thaC he has expended in ancaea of $15,000.00 co d~ts end ts nov prohibited from proceeding vith the york. 2 The hardship created is UNIQUE and is not shared by oH properties alike in the immediate vicinity of this property and in this use district because of the location an~l dimensions of the property. The property ts located at the eastez~ tlp of Lupto~vs Point on the south side of Luptous Point ~ad ~n httttuck, N.Y., thereby crsut~ng tva frontages on the rater - to the south and co the east. This litlaation ctantSs restrictive siting poesibilitieo fo£ a dvellin~ due to Health Department requirements and nosing seCbac~s, as described above. All lots except out on Luptomo Point a£e alined7 i~proved by oue-fauLly d~ellinJs. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE · HE DISTRIC~ because (a) the area ~ ~zproved by residant4al s~eT~ t~e pt~oea conlc~ctton ~o couatot~t ~th this u~e; and ~) ~e X. ~ au ~ .Xdee by ~ep ~le Cre~ ~ that ~l lot~ the area h~ vace~ froncqe. ~y of h ot~ctursu are as c~oB oF c~osur to ~ ~e Cre~ ~n the propoeed dv~linS, Particu~arly chose on the north s~de of thei point end the vest and of the south side of the poiot; and (c) ~e pro~d hl~M~ ~a as far frou hep ~le Cre~ ~ the ~ as those au the a~o~ parcels ~ thc phere ~ ha ~ ~uCerfere~e ~th v~. ~e varlet ~, t~u~red only for the ~st o~h of the pro~rty; (d) ~e ~equantd ~d ~s ~t nbstauth~ ~ r~atiou to the r~u~r~ts of ~e Zones Code. STATE OF NEW YORK ) ) ss COUNTY OF S~ ) Sworn to this ........................................... day Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLO In the Matter oT' the Petition of ANTHONY GAMB INO to the Board of Appeals ofthe Town of Southold TO: I~S. JACQUELINE D. KELSEY Mil. & MITS. JOSEPH A. ESQUIROL, JR. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~.LL~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~._ariance~J(~q~zllt _ al~e~.gX;~_. ] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 1450 Lupton's Point Road, Mattituck, NY; bounded north by Lupton's Point Road & Kelsey, west by Esquirol and south and east by Deep Hole Creek 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential & Agricultural 4. That by such Petition, the undersigned will request the following relief: oermiss~on to construct a one-f~m~ly dwelling at a distance of 60 feet from Dee~ Hole Creek 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section I00-119.2(b) [ ] Section ZS0-^, New York Town Law for approval of access over right(s)-of-way. 6. That 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 may then and there examine the same during regular office hours. (5'16) 765-3.809. 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. Owners Names: ANTHONY GAMBINO Post Office Address ~0 Deep Hole Drive Mattituck, NY 11952 NAME MRS. JACQUELINE KELSEY PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mattituck, NY 11952 MR. & MI{S. JOSEPH A. ESQUIROL, JR. 270 Jay St. Brooklyn, NY 11201 P 677 ~ RECEIPT FOR CE~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ELLEN M. URBANSKI , residing at (no #) Oak St., Mattituck, N~' vm-~ 11997 , being duly sworn, deposes and says that on the 16th day of ~pr~mbmr , 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- fice at Hattituck, New York ; that said Notices were mailed to each of said persons by (certified) ,~r~ mail. Sworn to before me this 16th day of~Se~e, mber, ,19 87 Ellen M. Urbanski (This side does not have to be completed on form transmitted to adjoining property owners,) FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) 81-25 Cowles Street, Middle Village, New York (~ddress of owner or authorized agent of owner) 11379 PLEASE TAKE NOTICE tbere exists o violation of: Zoning Ordinance CH I 00 Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described' in that ...B..:..P..: ...!..6..3..4...~....~.~.!`.~.~..h..e.~..e..b...y....~.e..~:.~..k...e.`d.~..~'~..~.~.!.!.c~.i nE (state character of violation) to close to the wetlands" "Failure to comply with a stop work order" violation of CH 100 ART XIV 100-142 B & D (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the iow and to remedy the conditions above mentioned forthwith on or before the ........... I..4...t..!~ .............................................. Uo,, of ............................... , m....s... The premises to which this ORDER TO REMEDY VIOLATION refers are ~dtuoted 1450 Luptons Point Road, Mattituck, Count' .............................................................................. y of Suffolk, New York Failure to remedy the conditions aforesaid and to comply with the applicable provisions of Iow may constitute an offense punishable by fine or imprisonment or both 115-11-10 ...... Builaing lnspecto N 1.1' Y~ DE PA I IM[NT 07~_[ NV~I'Oa[ NTA L C ON SEKV~ON PERMIT 10-82-0148 PER~aJT ISSULD 10 Anthony Oambino Deep Hole Drive, Mattituck, NY 11952 LOCATION Of PROJECT (Section of stream, t,dal welland, dam, hoildini) Right Ot Way approximate.Ly !,~J.U~ east ot Marratooka Road, Deep Hole Creek, Mattituck. DESCI. IPIiON OF PiOjECT Construct a 30' X 50' single family dwelling plus attached decks a minimum of 60' landward of the high marsh. Install a sanitary system a minimum of 100' landward of the high marsh. In- stall a well. All activities as per modified plan received October 19, 1983. COMMUNI~ NAME (City, Town, Villain) [ TOWN Hattituck J Southold coUmYsuffolk IFIACOMMUNITYNOo' [DAM NO. PERJ, UTEXPI~TION DATE January 31, 1985 GENEliAL 1. The ~rmiltee shall file in the ofiice of the appropriate Resional Permit Administrator, a notice of intention to commence work at least M hours in advance of the time of commencement and shall also hOlily him IxomiXly in wfilin& M Ihe completion of the work. 2. The permitted work shall be subject lo inspection by an authorized representative of the Departn~nl of Environmenlal Conservation who may order the work suspended if the public interest so requires. 3. AS a condiliOO of the issuance of this permit, the applicant has ac- cepted exixessly, by the execution of the applicalion, tho full lelal reslxxt- sibilily Ior all damales, direct or indirect, of whatever natore, and by whom. ever suffered, arisinl out of the Fojecl described herein and has aireed to indemnify and save harmless Iht State from suils, aclions, dan~iles and costs of every name and description resullinl from the said Ixoiect. 4. Any ntaterial dredged in the p~osecutlon of the work herein permitted shall be removed evenly, withoul leavinl Iorle reluse piles, tidies across bed of the waterway or flood plain or deep holes thai may have a lendency ID cause Inju~'y to navilable channels or lo the banks of the waterway. 5. Any material 1o be deimsited or dumped u~ler this permil, either in the walefway m' on shore above hash-water mark, shall be deposited nc dumpnd al the locality shown on the drawartI herelo atlacheq, and, if SO p'esuihnd thereon, within or behind a iood and subslanlial bulkhead or bulkheads, such as will ~evenl escape of the material into the waterway. 6. There shall he no uoreasonable interference wilh navigation by wor'k herein aulho~iaed. 7. Thol if future operalions by the Slate of New York require an alteration in Ihe posilion of Ihe structure or work herein authorized, or it, in Ihe opinion of the Departmant d Environmental Cnose~valion il shall cause ~nreasnoabie obseuCliOn to the Iree navilalino of said waters or flnod fiow~,.or endanger Ihe health, safety M welfare of the ppople of lite Stale, or loss or destroction of the naloral resources o~ the State, the owner may be ordered by the merit Io remove or aller the structural work, o0structions, Or hazards caused Ihefeby wilhod ex~fls~ Io Ihe Stale; and if, upon Ihe expiration or revocation of this permit, the slruCtwe, fill, excavation, 0t olher modlltcatlon d the wateKourse hereby authc~iznd shill not be completed, the owners shall, wllhoM expunne ID Ihe Stale, and Ko such exlenl and in such tim and as the O('lu~tment of invimnmantal Conservation may require, remove all or any porlion of the uocomplelnd slrucluce or fill and reslore to Ils former condition Ihe onvilable and flood capacity of the wateKoufse. NO claim shall ne made alalnst Ihe Stale of New Ynck on accoonl M any such removal or alleratiort. CONDITIONS 8. That Ihe Slate of New York shall in no case be liable for any damale or injury to the slructure or work herein aulhorized which may be caused by or resull from futuce operations undertaken by the State for the conservation 9. That if the display of liihts and silnals on any work hereby authorized is not othe~ise ~ov~ed for by law, such lights a~ sifnals as ~y ~ scfi~d by the Unit~ Stales C~sI Guard s~ll ~ installed a~ ~intained by a~ al t~ ex~n~ of t~ ow~r. ~. All ~tk carri~ out u~e[ this ~rmil shill ~ ~dor~ in acc,- dance with establis~ cost,erinI ~actice a~ in a w~k~nlike man~f. cooling, resci~ ~ ~ity this permit in s~h a manner as my ~ fou~ lo ~ )use i~ equitable. If u~n the expirati~ ~ re~ation of this ~rmit, m~ificatino of the wetla~ ~reby aut~ized ~s ~ ~en c~pleted, applicant s~ll, wilful ex~nse to t~ State, a~ to s~h extent a~ in re.ye ail or any ~ion of t~ uncom~et~ strucl~ ~ fill a~ restore t~ 12. This ~mit s~ll not be constr~d as conveying to t~ applicant any to ~rform the ~rmitt~ ~k ~ as auth~izins the im~ifment of any 13. The ~rmJttee is tes~sible fm obtaining any other ~rmJts, ~ovais, lands, easemnts a~ rishts~f-way which may ~ required f~ this proj~t. 14. ti Irantnd ~er AKicle ~, this ~mit is graflt~ ~lely ~ t~ bahls ol I~ fequi/e~nts of A~icle 3& ~ t~ Envi~fl~l C~ation ~w Pa~ 5~ of 6 NYC~ (Co~ltKti~ in FI~ Plain A~as ~vi~ S~clal Hazards - Building ~tmits) a~ In ~ way siintf~s t~t t~ ~jKI will fr~ fr~ fl~in6. 1S. By acce~ance of this ~tmit t~ ~rmittee ~ees f~t t~ ~mit Is c~tinient u~ strict c~pliance with t~ s~tal c~ltl~s on t~ c)s:2o-4 (~/75) (ME ItEV[ItS[ SIDE) .6. 17. 18. ~DITIONS There shall be no disturbance Co the vegetation or topography within 50' of the htgh~arsh/tntertidal Barsh. No fill ts alloyed without written approval fro~ this office. House construction Bust Beet local and federal flood plain ordinances. SEE ATTACHED CONDITIONS A - J Decembeg 14. 1983 Mdg. 40, SUN/--Room 219 Stony Brook, NY 11796 NE~J YORK STATE DEPARTMENT OF ENVIRO~/~I~TAL CONSERVATION Regulatory Affairs Unit Building 60, iUNY--Room 219 Stony Brook, New York ..................... (516) 751-7900 RE: Permit No., Location AI.~NDIII~,~ TO PEP, HIT ~. Your recent request to extend the above permit has been reviewed pursuant to 6I~CRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the ~suance of the existing permit; t~erefore, the expiration date is extended to '~{.~.,{~.. ~1 I~(~-.~ . ~_~ Your recent request to modify the above permit has been reviewed pursuant to 6h~/CRR, Part 621. It has been determined that the proposed modifications will not substantially chan§e the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: ,' ' 7 . . '- ~ ~ ~)~~'°'v~'-~ ~ ( ' ~is letter is an ~endment to the origina~ pemit ann as such, snail ~e poste at the ~ob site, All other terms and conditions remain as written in the original permit. Very truly yours, Alteruate Regional Permit Administrator CTH:DDR:co's Sent to: Re~atory ~fa~ra Unit -~'" Bu~ld~ ~0, ~~ 219 v._ S~ony B~k, N~ York 1179~~ ............ -. Dear ~t~,. (. ' ~ ~')~. Your recent raquast ~o ~tend t~e aSove pe~t has 5ee~ r~ed pursuant change tn enviro~en~al conditions, rel~an~ te~olo~ or applicable law or to ~dify the above pe~ has been r~i~ed purs~ ~~ request _ ~.. . to 6~, Part ~has be~ dete~ned that th~~moazz~catio~ ~ot substa~ti~17 ~a~ge ~c~pe of the pe~tte~ictioM or the pe~t co~itin~ ~~ ~er~ore, the--p~t is ~nd~ to ~horl~:' ~.. This letter is an amendment to :he original permit and as such, sh.ll be posted at the Job site. All or. her tez~s an~ co~ditions r~'~in as vri:ten in the oril:~ual petit. Very truly yours, A~ternate gegio~1 Petit Ad~!nistrator CT~:DDR:co's Sent to: HENRY P. SMITH, I~esident JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN Id. LARSEN TELEPHONE (516) 765-1892 BOARD OF 1'OWN TRUSTEES TO~N OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 30, 1987 PAID Mr. Glenn Just Land Use Company Route 25A Box 2521 Wading River, New York 11792 RE: Anthony Gambino - Application No. 502 Dear Mr. Just: ; The following action was taken by the Board of Trustees during their regular meeting held on April 29, 1987 regarding the above matter. WHEREAS, The Land Use Company on behalf of Anthony Gambino applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by ~h~ Town Trustees with respect to said application on April 29, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that The Land Uae Company on behalf of Anthony Gambino BE AND HEREBY I$ GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a 30' x 50' single family dwelling plus attached decks a minimum of 60' landward of high marsh. Install a sanitary system a minimum of 100' landward of high marsh and install a well. There shall be no disturbance to the vegetation or topography within 50' of the high marsh/intertidal marsh. Property is located on Lupron Point Road off of Marratooka Road, Mattituek. BOard of Trustees - Anthony Gambino ApProval Page 2. - This permit will expire on April 29, 1988 if work has not cOmmenced by said date. There are two inspections required and the Trustees are to be notified Upon the Completion of the Work. Prior to the iSSUance of said permit by the Clerk, the applicant -shall file with the Clerk a certifiCate that he has public liability insurance policies insuring against any liability which may arise in the performance of the Operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further nOtice that this declaration should not be Considered a determination made for any other department or agency which may also have an application pending for the Same or Similar project. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANy OTHER TOWN PERMITs THAT MAy BE REQUIRED FOR THIS PROJECT. Please remit $10.00 for Wetland Inspection Fees. ~pon remittance your permit will be forwarded by mail. ttPS:lp Very truly yours, Renry p. ~mith, President Board of Town Trustees Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engtneers Thomas Hart, Coastal Management Conservation AdVisory Council Bldg. Dept. Board of Appeals File TOWN OFSOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT the Town Trustees according to This Wetlands Permit No. 397 has been granted by ., S:l~a k, A,~nlle~nt Land Use £.o..r...A.p,.tihRBY. .... · 502 ,,,;,.., ,~ ............................ information furnished in Application ~o ..................... ' Y "~ Jan. 4, 87 Gambino on .............................. 19 .......... A map of the proposed work will be kept on file in the Trustee Office under the application number given. · ..: ..... To construct a single famil:/...d.¥..e..1..1..i..n.l~ .p.~.¥.~...c~.q~)~$, Permit granted to do the folluw,,,s ,,ork ................................................. " sanitary s stem and...w..e..1..1..% ............................................ ? ................. ~ ................... Lu ton Point Road, Mat. t.i.t..u..c...k.: ..................... Location of property on which work to be done .......... P. ......................... Creek, Bay or Harbor fronting property ...... .D..e..e-°....H'9'~9'''~'[g'q'~' .............. "" ........................................... Size of work: Length ...... ~..0. ....................................... W|dth ......................... n/a Height Above High Water ....................................... Depth Below L~)w Water n/a _Yards to be Excavated ................................................................ 0 Yards to be Filled ........................................................... Manner in which material is to be removed or deposited .......................................... . Re s id en t.i..a. 1 ..................................................................................... Intended use of property ................... rice to vegetation or tg~.o.~.r..a~,h.~/ withi.n. · o,,, Th.e..r..e.. %s. a. .................................................................. Conditions if .-. .................. 50' fo the high marshl.i..n..t..e..r..t..i..d..a.~..?..a..r..s..h.:. .......................................... ~ ..................................... .... · ~. 4~ =~ has not commenced...b,v...{%~i,~..il,~.~.~, ................. 2 ..... A rxx ~ .~.?.oH...~.A...~.~.:: ................................... Expiration Date ..... ~ ............. [ ..... . .... o^,.;,~,{ Two the Trus't'e.e..s. .a.K.e...t..o....b..e....n.9..t..i..f.[~.4..~p.~x..c.~.L{.~nn.-a[. Number of Inspectlon~ n=H ................................... the work. Inspection Fees ........ .$.1..0..:,0..0. p.a..i..d. ........................................................................................................ · Liability Policies in the Amount of ...................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officerS, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit.. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waterS or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. President Board of'~outhold Town Trustees ,ate ........ ................ ' (a) In order to anst~er the c$~tions in this short EAF it is assumed that the p~el~arer will use cu~%ntly avant-bin infonmation concerning the project and the ]/kely hupacts of the action. It is not expe~t~ that ~a~itional s~tes, research or other investigat/c~s ~) If any question has been answered Yes, the project n~y be significant and a c~,~let_~ Enviz~rf~neal Aesessne~t Fora is necessarf. (¢) If all questic~s have been answ~zed No, it is likely that this project is not significant. (d) Envir~m~ental Assessment: Will project result in a large physical change to the project site or physically alt~r more than 10 a~%s of lard? ................. No 2. Will there be a major change to any unique or unusual land fozm found o~ the site? ................................. No 3. Will project alter or have a large effect c~ an exist/rig b~y of water? . . . No 4. Will pzoject have a potentially ~ impact oa grour~wa+-r quality? ..... No 5. Will project significantly effect drainage flow c~ adjacent sites? ..... No 6. Will project affect any threatened or em~3ered plants or ani-~] species? . . No 7. Will project 8. Will pzoject scenic views r~sult in a major adverse effect on ~4r quality? ........ No have a major effect on visual cbarac~er of t~ c~u,unity or or vis~- known to be i~ to the c~,-"~tty? ........ No Will lm~ject adversely in,act any site or stmctuxe of historic, m~- hist~ric, or palecfltological ~ or any site designated as & ~it/cal esw~ a.-',M I:~ a local agent? .................... 10. 11. have a m)~r effect cn ex/sting or futu~ ~at/~mal W!~! F.~ject result in ma~ar traffic ~lem or cause a m~c~ effect to - - 12. W~ ~oject re,,l-Fly cause obJectiamble cdows, noise, q1A~e, or electrical ~ as a result of the ~oject'o cix=ati~? . . .... No 14. Will project affect the e~,t ~dnq o',.,.--,ity by ~y caust.~ a ~,,;,,,'th in .,'~,'~r, ent ._'J~'". 'la"'!"'~ of adze than 5 percent over a cele-yesr period c~' have a m:icx r~ative eff~c on the ctaracter of the __,x,,,,~ty c~ ~? I~P~T~ Anthony Gambino ~ September 16~ 1~7 September 15, 1987 IToday's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: ANTHONY GAMB INO 1450 Lupton's Point Road, Mattituck, NY Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] ! ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying ~dge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Si re yours BUILDING DEPARTMENT i " SOUTHOLD, N. Y. BUILDING PERMIT ('FHIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Ne. pursuont to .... ~.~-~ ........... ............ , 19.~...,., and approved by the Building Insl~ctor. id. ;to i' 1 SUFFOLK CO. HEALTH DEPT. AP HS. NO..'-/~,:'-'~., .00 STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEFT. OF HEALTH SERVICES. (s) APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY DATE: H.S. REF. NO.: /4-~ ..BO - 0,~ APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLCX~K PCL. OWNERS ADDRESS: ~-:>,...~ 1;'4<~' ~ HOLE STAMP ~.AL RODERICK VAN T~.Y. ~. P.C. LICEN~D LAND SURVEYORS GREENPORT NEW YORK SUFFOLK CO. HEALTH D~PT. APPROVAL H S. NO. i'~ STATEMENT OF INTEI~T THE WATER SUPPLY ANO ~WA~ DI~AL SY~E~ F~ THIS R~ENCE WILL C~FORM TO THE STANDAR~ OF THE ~FF~K CO. DE~. OF ~ALTH ~RVICES. ~1 ~ICANT' ~F~K couNTY ~. OF ~ALTH SERVICES -- FOR APPROVAL OF C~$TR~T~N ONLY *DA~: '" ~ED: ,. .... ~F~K ~. TAX M~ / ~ ~ //~ // :/w~r