HomeMy WebLinkAbout1000-98.-1-15, 16, 17
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SAND (8M) ~ ::; CONe. ~ " ~ lU
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. J 11.7' Z "., 1 STY. FR. ' '\ ::; ~ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
'I 15,0' FOFWELLlNG ~ ,"' ,^ HAUPPAUGE, N,Y.
" . . '. EL - v,
PALE '\ \) ROOF". 16.2 n...
OWN tl~ ~ Q.H. '-' ....
BR " /' , I
FINE TO ~ ~ ~. 23.8' j Date
MEDIUM ;!. ... f:I '}. I WOODI
SAND (SP) ~ rQ___ d I( I / METAL ~ SLAT(
~ ~ I C.E. OEO( FNC.1 ;;;: OJ
O....J q.- I EXISTlNG ~
""- zg ~ \5 CESSPQOlS f:;
,~~ r . .
g8 0 a.:. \0\/ 'V' This Is to certlfy that the proposed Realty Subdivision or Development
WATER IN '" lLJ Q \ .J ,..... I for in the
PALE '6' -.. . u PARCEL 1 TO BE.....-.I.::: 10 PARCEL 2 (I) with a total of lots WQS
BRQV'IN r-.. " 0 w 22 397 S F ~ ABANDONED T") 0 PRCP, I app:?~ed on the above date. Water Supplies ond Sewoge Dlsposa!
FINE TO 0 ~ I' . ::: r loP. 36.617 f).F. __ FaCIlities ,must conform to construction standQ~ds in effect at the time' of
MEDIUM pO ;i t:! __ _ L _ _ ~_ _ _. _ _ _ _ -1-- --- "" construction and are subject to separate permits pursuant to those
SAND SP _ . V"1..- _ _ _ _ _ - - I I \ standards. This approval sholl be valid only if the realty
_ ;:::. ~ __ _ __ _ _ _ _ I Q. " I \ subdivision/development mop is duly filed with the County Clerk within
Z f 0 / \ one ~Qr of. this dote. Consent is hereby given for the filing of this mop
o 0 \ on which thiS endorsement appe<Jrs in the Office of the County Clerk in
TEST HOLE DATA ~ ~ ~ / \ I accordance,with provisions of the Public Health Low and the Suffolk
lOT No. 29 lL.. r:]. I County Sanitary Code.
o l' \
~ Or No. 30 '#- \
~ ~ Lor No. 31 \ / Vito A. Minei, P.E.
o I I Lor No. 32 \ " / Director, Division of Envlronmentol Quality
<., APPROVi:D BY OST ,/ I
Par . ~ MON.
PLANNING BOARD \ O.4E ~ i>' FND. '05 O,\N I
I \ _ QIJS17.6u... n: 120.00' MON. . . ROW OF WOOD POSTS 120..30' 17.4 Ol E/W :;;
TOWN OF SOJTHOLD '" \ g '" in '" N23'50 0 W 240.30' >-" MON in z -:
___ u... a... 0 . V> ,n 0 2N 0 N ~
\ Q. 0 O~, . . l<J
n. ci OL E/W n. 0 NOTE:
L~\NO. 58 I LOT No. 57 LOT N 56 .' of NEi'/,.. All DWELLINGS WITHIN 150' OF PROPOSED
\ o. I I . ,,' -' '0 H BE: 0>)> SANITARY SYSTEM ARE CONNECTED TO
\ \ (~' ".<v"" C-t 1- PUBLIC WATER.
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(DWElliNG) \ (DWELLING) c0,G'~;';;'jf.J, g)
..-C:;rm;;iQ-..... A'
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/0 /0/0 Of,C)'?> ,q:\
PINE TREE LAND DIVISION ~> ""
KNOWN AS LOTS 29 THRU 32 INCLUSIVEf'- GENERAL NOTES:
MAP OF NASSAU FARMS r. ,"'" _ , 1. TOTAL AREA OF SITE ~ 59,014 S.F. SUFFOLK COUNTY TAX MAP KENNETH H. BECKMAN, L.S.
."" . 2. ZONING = A DIST. 1000 S v' d L d PI .
SITUA TED AT t/,.., ' 3, THIS PROPERTY LIES IN THE FOLLOWING DISTRICTS SECT. 098 ur eymg un an anmng
PECONIC AUG 29 2uuL SCHOOL MATTITUCK-CUTCHOGUE UFSD BLOCK 01 1814 MIddle Country Road
POSTAL CUTCHOGUE lOTS 015,016 & 017 Suite D
TOWN OF SOUTHOLD SO'.!Il1o!d 1(""" FIRE CUTCHOGUE Ridge, N.Y. 11961
1"1"'" . . -' . WA TER SUFFOLK COUNTY WATER AUTHORITY (631) 345-9427
SUFFOLK COUNTY, N. Y. """m~ll1(lil' J; ELECTRIC LONG ISLAND POWER AUTHORITY "Ad-I/. a/z8/"~ FAX (631) 345-9429
SCALE: 1 = 30 DATE: 10/23/01 JOB No. B01~6455
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR. P,O, Box 1179
Chairman Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAM J. CREMERS Fax (631) 765-3136
KENNETH L, EDWARDS
MARTIN H, SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 13, 2002
William C, Goggins, Esq,
P ,0, Box 65
13105 Main Road
Mattituck, New York 11952
RE: Proposed Lot Line Change for Burger/Kosmynka
Located at 1900 Pine Tree Road in Cutchogue
SCTM#1000-98-1-15, 16 & 17 Zone: R-40
Dear Mr. Goggins:
The Southold Town Planning Board, at a meeting held on Monday, May 12, 2003,
adopted the following resolution:
WHEREAS, the applicant proposes to amend the lot line of SCTM#1000-98-1-17 where
Parcel 1 equals 22,397 square feet and Parcel 2 equals 36,617 square feet; and
WHEREAS, all the conditions required in conditional final approval, granted on October
8,2002, have been met; be it therefore
RESOLVED that the Southold Town Planning Board grant final approval on the surveys,
dated as revised, August 28, 2002, and authorize the Chairman to endorse the final
surveys,
Enclosed please find a copy of the map that was endorsed by the Chairman,
Please contact this office if you have any questions regarding the above,
Very truly yours,
,
73-e-?~ CO~9-Uj-,-J}Z:<-}{)AV
~ / I
Bennett Orlowski, Jr. C/2< c/
Chairman
encl,
cc: Building Dept./Tax Assessors
\
"
1111111111111111111111111111111111111 111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD Recorded: 03/03/2003
Number of Pages: 4 At: 11:06:59 AM
TRANSFER TAX NUMBER: 02-29317 LIBER: DOOO12238
PAGE: 139
District: Section: Block: Lot:
1000 098.00 01.00 015.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $12.00 NO Handling $5.00 NO
COE $5.00 NO NYS SURCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $25.00 NO
TP-584 $5.00 NO Cert.Copies $4.00 NO
RPT $50.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $126.00
TRANSFER TAX NUMBER: 02-29317
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
3
Q
., PECOf:i>ED
2003 i:iar O:~; i 1 i C6~ 59 Ht:i
... - Edt..J.~ rd P;: ~~om-3 i nl~
CLEF~K OF
SUr:>FOLK COt.H-.iT\;
_, tlt1cate # -
P 13'3
DT# ..,
Prior Ctf. # (
~!II -
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
4 FEES
//')
Page / Filing Fee / cI-- Mortgage Amt.
L~ -
Handling .7 1. Basic Tax
....--- --
TP..584 ? 2. Additional Tax
- -
Notation /J -/ Sub Total
/" -
EA-52 17 (County) /} ?-_ Sub Total (7 Spec.! Assit.
/],/ Or
, I,
EA-5217 (State) (;;-<- ).L-- Spec. / Add, -
R.P.T.S.A. 1<0 TOT, MTG, TAX
J_ -
5 0lL- Dual Town Dual County
Comm. of Ed. Held for Apportionment ~
Affidavit +--- Transfer Tax ;.;;::::/' -
Certified Copy L;' Mansion Tax
- The property covered by this mortgage is or
Reg, Copy 1,,/7 will be improved by a one or two family
(,..: '-1
/1/ - Sub Total f / dwelling only,
Other /.1 _ I/J ! YES or NO
.' /.? If NO, see appropriate tax clause on page #
GRAND TOTAL :.:>c- i?/
Il'~ ofthis instrument.
v'
5 Real Property Tax Service Agency Verification 6 Community Preservation Fy,pd
Dist. Section Block Lot Consideration Amount $ C./
~, --,
1000 09800 0100 015000 $ ,..' .J
Stamp 10( CPF Tax Due .k:..>
1000 09800 0100 016001
Date 101 Improved j;...
Initials Vacant Land
{1..€. \.- ,;$-5
Satisfactions/Discharges/Releases List Property Owners Mailing Address / / /',
7 ~.. TD jU
RECORD & RETURN TO:
WILLIAM C. GOGGINS, P.C. TD
13105 Main Road TD
Mattituck, New York 11952
8 Title Company Information
Co. Name
Title #
~ Suffolk County Recording & Endorsement Page
This page fonns part of the attached Bargain and Sale Deed made by:
(SPECIFY TYPE OF INSTRUMENT)
Eugene Burger, Martin Kosmynka, The premises herein is situated in
Ann Burqer and Christine Kosmynka SUFFOLK COUNTY, NEW YORK.
TO In the Tovmship of Southold
;
Eugene Burger and Ann Burger In the VILLAGE
or HAMLET of cutchogue
BOXES 5 11IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONL Y PRIOR TO RECORDING OR FILING.
(OVER
CONSULT YOUR LAWYER BEFORE. olGNING THIS INSTRUMENT.THIS INSTRUMENT ~ ULD BE USED BY LAWYERS ONLY
't
JM IVizrrct ( YoO,5
THIS INDENTURE, made the day of ,llkn e:mbsc , ~,
BETWEEN
Euge~e Burger, residtng at 2215 Pine Tree Road, Cutcho~ue, New York,
Mart~n Kosmynkaf ~es~d~n~ at 1~85 Pine Tree Road, Cutc o~ue, New York,
Ann.Bu~ger, res~d~ng at 215 P~ne Tree Road, Cutchogue, ew York, and
Chr~st~~e Kosmynka, residing at 1985 Pine Tree Road Cutchogue New York
party of the first part, ana "
Eugene Burger and Ann Burger, his wife, both residing at
2215 pine Tree Road, Cutchogue, New York 11935
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and
other valuable consideration dollars
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the
See, description at Schedule A attached hereto and made a part hereof
SELLERS are the owners of SCTM Parcels 1000-098.00-01.00-015.000 and
1000-098.00-01.00-016.000 while merged pursuant to Southo1d Town Code
Section 100-25A
THE SIZE of the merged lot was decreased to 36,617 square feet by a lot
line change resolution of the Planning Board of the Town of Southold
dated October 8, 2002
BEING AND INTENDED TO BE the same premises conveyed to the party of the
first part by deeds dated March 29, 2002 and filed in the Office of the
Clerk of the County of Suffolk~ ' -
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads
abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all
the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the
premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of
the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid,
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same
first to the payment of the cost of the improvement before using any part of the total of the same for any other
purpose, The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so
requires,
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written,
~~
ilQ~~K~ EUGENE BURGER"
,::',-,.""
!f~'~f~~ 1// t
CHRISTINE KOSMYNK {I.. I~
../'~ I~'
.' ANN( BURGER
Standard N,Y,B,T,U, Form 8002 _ Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment
"'_~..... 't?Qn
TO BE USED ONI VHEN THE ACKNOWLEDGMENT IS MADE' 'EW YORK STATE
, " State of New York, County of SUFFOLK ss: '7 State of New York, County of SUFFOLK ss: -
rJ ~lA-... ~ ,,,v-I' WVLL ;1:30)
On the '}. day of ' mbe1:' in the year On the day of Nu v t::!nLt:::t in the year ~
before me, the undersigned, personally appeared before me, the undersigned, personally appeared
Eu~ene Burger and Ann Burger Martin Kosmynka and Christine Kosmynka
person lIy known to me or proved to me on the basis of personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to
mA th::,t hA/shA/thAv AJ(Al'.utP.fl thf! =mf! in his/her/their mf! that hf!!.she/thevE!J(ecuted the same in his/her/their
STATE OF NEW YORK SS:
COUNTY OF SUFFOLK
I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD)
DO HEREBX CERTIFY THAT I HAVE CO,ARED THE ANNEXED C~P~OF
DEED }d fl 3;- AT PAGE /.5 RECORDED " 5, 3 j 3
AND THAT IT IS A JUST AND TRUE COpy OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
\ COUNTY AND COURT THI~rd DAY OF 4ar-Ch c9tlJ 3 "le:e
t ,Z1~ f ~4'
CLERK
12-0156,8/95CS
--acted,- executed-the fnstrumerlt,al1-crtl1at such individual made such appeal"anCeberore th-e-unaersig-ned irilfle
in
(insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken)
(signature and office of individual taking acknowledgment)
BARGAIN AND SALE DEED SECTION
BLOCK
WITH COVENANT AGAINST GRANTOR'S ACTS LOT
COUNTY OR TOWN
Title No, STREET ADDRESS
TO Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
RETURN BY MAIL TO:
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Goggins, P.C.
William C.
Distributed by 13105 Main Road
V Commonw~u~~!~""mM"m P.O. Box 65
Mattituck, New York 11952
COMMONWEAI,Tn LAND TITLE INSURANCE COMPANY
RESERVE THIS SPACE FOR USE OF RECORDING OFFICE
"
DESCRIPTION OF PARCEL NUMBER. TWO AS SHOWN ON PINE TREE LAND DIVISION ALSO BEING
LOT 30 AND LOTS 31 AND 32 AS SHOWN ON THE MAP OF NASSUA FARMS, SITUATED IN PECONIC,
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
BEGINNING at a point at the intersection formed by the Northerly of Bittersweet Lane with the westerly
side of Pine Tree Road.
RUNNING THENCE westerly along the northerly side of Bittersweet Lane from said point or place of
beginning S.74 07'41 "W., a distance of 293,90 feet to a point.
THENCE northerly N.23 50'00"W" a distance of 120.30 feet to a point.
THENCE easterly the following two courses and distances:
1. N.60 46'43"E" a distance of 113.54 feet to a point.
2, N.73 12' 13"E" a distance of 112,00 feet to the westerly side of Pine Tree Road,
THENCE southerly along the westerly side of Pine Tree Road the following two courses and distances:
1. S.47 50' 10"E., a distance of 142.31 feet to a point.
2. S.41 50'OO"E., a distance of29,07 feet to said point or place of beginning.
Said parcel contains an area of 36,617 square feet,
B02-7262
WILLIAM C. GOGGINS, P.C. $..tt8F'
ATTORNEY AND COUNSELOR AT LAW ~
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone (631) 298-4200
Fax (631) 298-4214
WILLIAM C. GOGGINS
DONNA M. PALMER
Paralegal
March 3, 2003
Southold Town Planning Board
53095 Main Road
Southold, New York 11971
Re: Martin Kosmynka and Christine Kosmynka;
SCTM No,: 1000-098.00-01.00-017.000; and
1000-098.00-01.00-016.002
Dear Sir or Madam:
Enclosed please find the Bargain and Sale Deed that has been filed at the
Office of the Clerk of Suffolk County pursuant to the lot line change in
connection with the above referenced matter.
If you have any questions, please do not hesitate to contact the undersigned.
Thank you,
V r9T truly yours,
iU~A
tlWj..~
WILLIAM C. G GINS
WCG/dmp
enclosure
I Iliff/I 1111 11111 11111 11111 11111 11111 IIUI/IIIIIIII 1111
11111111111111111 11111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD Recorded: 03/03/2003
Number of Pages: 4 At: 11:06:59 AM
TRANSFER TAX NUMBER: 02-29318 LIBER: DOO012238
PAGE: 140
District: Section: Block: Lot:
1000 098.00 01.00 017.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $12.00 NO Handling $5.00 NO
COE $5.00 NO NYS SURCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $25.00 NO
TP-584 $5.00 NO Cert.Copies $4.00 NO
RPT $50.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $126.00
TRANSFER TAX NUMBER: 02-29318
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
I~
. ,
" .
Number of pages ~:ECOr~:[:lED
200:;; H.2 r lJ5 11. ~ 5'3! t=H";1
TORRENS Edward P.Romaine
-""~~ CLERK OF
Serial if 5UFFOL~< CCU1"~T\!
L DOG0122~5::3
Celiificate # P 1d.rI
-
DT#
Prior Ctf. it
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
4 FEES
, I
Page / Filing Fee / c-:-- Mortgage Amt.
-;;:r--- -
/""
Handling -:;J I. Basic Tax
,/- -
TP-584 .1';;-;1 2. Additional Tax
.....' - -
Notation - Sub Total
,/f _1 -
,,~
EA-52 17 (County) "/ _ Sub Total c:7' Spec.! Assit.
?
...-"j' ---- Or
EA-5217 (State) i'.....,../ ') Spec. / Add.
'....-' "- -
R.P.T,S.A ,~- TOT, MTG, TAX
-
Comm. of Ed, 50~ Dual Town Dual County
Held for Apportionment "~)
Affidavit Transfer Tax , \:.:..../
,;-- ,
,
Certified Copy ~ Mansion Tax
<." - The property covered by this mortgage is or
Reg. Copy - (;7 will be improved by a one or two family
~............ Sub Total ..' dwelling only,
I l
Other /'/ - ,; //,! YES orNO
/- If NO, see appropriate tax clause on page #
GRAND TOTAL C"-. ~/
I /l'f of this instrument.
~/1~.-'
5 Real Property Tax Service Agency Verification 6 Community Preservation Fund
Dist. Section Block Lot Consideration Amount $ T";'
,-("~,/,,
Stamp 1000 09800 0100 017000 CPF Tax Due $ .......,[;J
1000 09800 0100 016002
Date Improved
,/
Initials V/ Vacant Land t/
-' {JJJv& :;,.
7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD ? /)
/ (./
RECORD & RETURN TO:
TD
William C. Goggins, PC TD
13105 Main Road
P.O. Box 65
Mattituck, New York 11952
8 Title Company Information
Co, Name
Title #
9 Suffolk Count Recordin & Endorsement Pa e
l11is page forms pm.t of the attached Bargain and Sale Deed made by:
Ann Burger (SPEOFY lYPE OF INSTRUMENf)
Eugene Burger TI1e premises herein is situated in
Martin Kosmynka SUFFOLK COUNTY, NEW YORK.
In the Township of Southold
TO
Martin Kosmynka In the VILLAGE
Christine Kosmynka or HAMLET of Cutchogue
BUXES 5 THRU 9 MUST BE 'TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FlUNG.
(OVER)
CONSULT YOUR LAWYER BEF ~ SIGNING THIS INSTRUMENT,THIS INSTRUMEI ,HOULD BE USED BY LAWYERS ONLY
.
;J.YLJ Mt:trtL ).-0.;-:>
THIS INDENTURE, made the { .~
day of N07e~'h"'r ,~
BETWEEN
EUGENE BURGER, residing at 2215 Pine Tree Road, Cutchogue, New York 11935
MARTIN KOSMYNKA, residing at 1985 Pine Neck Road, Cutchogue, New York 11935
ANN BURGER, residing at 2215 Pine Tree Road, Cutchogue, New York 11935
party of the first part, and
MARTIN KOSMYNKA AND CHRISTINE KOSMYNKA, his wife, both residing at
1985 Pine NEck Road, Cutchogue, New York 11935
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars ($10.00) and
other valuable considerations-----------_____________________________--------~R~
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the
SEE, description at Schedule A attached hereto and made a part hereof.
THE SIZE of this lot was increased to 22,397 square feet by a lot line change
resolution of the Planning Board of the Town of Southold dated October 8, 2002.
BEING AND INTENDED TO BE the same premises conveyed to the party of the first
part by deed dated March 29, 2002 and filed in the Office of the Clerk of
Suffolk County" r .
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads
abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all
the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the
premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of
the second part forever,
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same
first to the payment of the cost of the improvement before using any part of the total of the same for any other
purpose, The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so
requires,
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written. " <7
/ .,~
IN PRESENCE OF: ,/c---, / ~ ~
,--/' ANN BURGER ~//
~~
EUGENE BURGER
.~
{fft /J
'RTIN KOSMYNKA
Standard N,Y,B.T,U, Form 5002 - Bargain and Bale Deed, with Coven<lnt <lg<lin:>t Gr<lntor':> Act:> - Uniform Acknowledgment
Form 3290
TO BE USED ONL"IHEN THE ACKNOWLEDGMENT IS MADE [ EW YORK STATE
J State' of New York, County of Suffolk ss: State of New York, County of $Lr/fp I~ ss:
On th~lo'J4 day of AfMt-., in the year 20~ On th~ day of A~V?L in the year ?rJo:>
before me, the undersigned, personally appeared ' before me, 1.e undersigned, personally appeared ~
Eugene Burger and Martin Kosmynka ftN W ~~P--V{W",",
personally known to me or proved to me on the basis of pe nally nown to me or proved to me on the basis of
satisfactory evidence to be the individua/(s) whose name(s) X<; satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to
me that ketslxetthey executed the same in XXsttxadtheir me that he/she/they executed the same in his/her/their
capacity(ies), and that by ~Rer/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument, idiVid ual(s), or the person upon behalf of which instrument, the ind~al(S)' or the person up ehalf of which
the ind71/ ~cte~ecute'2~trum~nt. the individua'1;tt :;;ec~he instr ,
STATE OF NEW YORK SS:
COUNTY OF SUFFOLK
I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
OF i STATE OF NEW YORK IN AND FOR SAID COUNTY (S!,ID COURT BEING A COURT OF RECORD)
DO ~REB4~fiTp THAT I HAVE C~PARED THE ANNEXED C~Y J<F 3
DE ~D I ), AT PAGE I ~ I) RECORDED \) :3 tJ_
AND THAT IT IS A JUST AND TRUE COpy OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF.
IN TESTIMONY WHEREOF, I ~E HEREUNTO SET MY HAND ~D AFFIXED THE SEAL OF SAID
COUNrANDCOURTTHI~ DAY OF /-j O/C/; cJdJ ~
\ CLERK ~f-V
12-0156,8/95CS
\fr1SeTIlffe''C1fyoromerpCjTITfCarSLJ1raTI,ITSfbllT ' '{anrrmsemrre :::jTam'Or-voumry Dr orner plaL'e me ClGImUWleoyITTtml wa~ Td~ 11"
(signature and office of individual taking acknowledgment)
BARGAIN AND SALE DEED SECTION 98
BLOCK 1
WITH COVENANT AGAINST GRANTOR'S ACTS LOT 17
COUNTY OR TOWN Southold 1000
Title No, STREET ADDRESS
Eugene Burger and Martin Kosmynka 1900 Pine Tree Road
Cutchogue, New York
TO Recorded at Request of 11935
Martin Kosmynka and Christine Kosmynka COMMONWEALTH LAND TITLE INSURANCE COMPANY
RETURN BY MAIL TO:
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
,Distributed by William C. Goggins,PC
13105 Main Road
9 Commonw~~~",^~,,~ P.o. Box 65
Mattituck, New York 11952
COMMONWEALTH LAND TITLE INSURANCE COMPANY
RESERVE THIS SPACE FOR USE OF RECORDING OFFICE
~
DESCRIPTION OF PARCEL NUMBER ONE AS SHOWN ON PINE TREE LAND DIVISION ALSO BEING
LOT 29 AND PART OF LOT 30 AS SHOWN ON THE MAP OF NASSUA FARMS, SITUATED IN PECONIC,
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
BEGINNING at a point on the westerly side ofpine Tree Road, Said point or place of beginning being the
following two (2) courses and distances from the intersection fonned by the westerly side of Pine Tree Road with
the northerly side of Bittersweet Lane:
1. N.41 50'OO"W., a distance of29,07 feet to a point.
2. N.47 50' 10"W" a distance of 142.31 feet to said point or place of beginning.
RUNNING THENCE westerly the following two courses and distances from said point or place of
beginning:
1. S.73 12' 13"W" a distance of 112.00 feet to a point.
2. S.60 46'43"W., a distance of 113,54 feet to a point.
THENCE northerly N,23 50'00"W" a distance of 120.00 feet to a point.
THENCE easterly N.71 00'20"E., a distance of202,84 to the westerly side of Pine Tree Road.
THENCE southerly along the westerly side of Pine Tree Road the following three courses and distances:
1. S,28 50' 10"E., a distance of 13.56 feet to a point.
2, S.34 50' 10"E., a distance of 82.29 feet to a point.
3, S.47 50' 10"E., a distance of 12.77 feet to said point or place of beginning.
Said parcel contains an area of22,397 square feet.
B02-7262
,.....'::-'~ ~;/~.,
.. . ~,.,
I
THIS LOT LINEJS'~J\NGE BETWEEN ... .. .. .\P->::1Mh.(D''''''l<AND
IS LOCATED ON \3 ' tt(X-~ \..l ~ Lct.,vl. ~
IN -\Je-C'Uf\;C . SCTM# 1000-V/<e - \ - lS.I~ ~ l"l
Z-e.f\.A.. Q ...V\<)
I LOT LINE CHANGE I , "
Complete application received b I ~ ) fJ7
I I
Application reviewed at work session ~~~
J /:~I~
~
r=> Applicant advised of necessary revisions
<?
j
") ~~~
J Revised sub mission received
f( ~IOKI
......
,..1J
<<' Lead Agency Coordination VI\C~+ ~i",^,'\.h. L C\ -\ ~-~-L
~
d I SEQRA detertnination q-)o-i)L
d ~~
~ Sent to County Planning Commission (\II\-
~ i l\Jl\ ~~
€. !
a... IVJ\
(() t' Review of SCPC report
t)
(f 1\)0{\e, \2.u ~ IOK I
- Draft Covenants and Restrictions received
--b Draft Covenants and Restrictions reviewed \l r~~
d
j Filed Covenants and Restrictions received \'
Final Public Hearing ~
6
v '~\$\\Dl '
() Approval of Lot Line .
-1
-with conditions CXA- <6. ,:?-COi
1-
Endorse ment of Lot Line ~ \)..,2003
ms 1/1/90
AFFIDA VIT
We, Eugene Burger, Ann Burger, Martin Kosmynka and Christine
Kosmynka, owners of the property located at SCTM Nos. 1000-098.0(
01. 00-0 15.000; 1000-098.00-01.00-016.000; and 1000-098.00-01.00-
017.000 at Pine Tree Road, Cutchogue, New York, hereby authorize
William C. Goggins to act as my agent and handle all necessary work
involved in the subdivision process/lot line change process with the
Southold Planning Board. --'7
,/ ,
~ ~' U /~____
EU~URGER ANN BmtGER
/~ %t- l1~;~ 11 t:~, .
CHRISTINE KOSM~
MARTIN KOSMYNKA
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
On the !)!:daY of May , in the year 2002, before me the undersigned,
personally appeared Eugene Burger, Ann Burger, Martin Kosmynka and
Christine Kosmynka personally known to me or proved to me on the basi
satisfactory evidence to be the individuals whose names are subscribed 1<
the within instrument and acknowledged to me that they executed the san
in their capacities, and that by their signatures on the instrument, the
individuals or the person upon behalf of which the individuals acted,
executed the instrument.
I!~ft p~
NOTARYP fjIc
M. PAlMER
?ut'it, State of New Yorl<
No,01PA5069978
in Suffolk County fJOO L:,
~l\!'llras Decemoor 9,_
~
" .
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR. Town Hall, 53095 State Route 25
Chairman P.O. Box 1179
WILLIAM J, CREMERS Southold, New York 11971-0959
KENNETH L. EDWARDS Telephone (631) 765-1938
GEORGE RITCHIE LATHAM, JR. Fax (631) 765-3136
RICHARD CAGGIANO
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Subdivision Application Form
Name of Subdivision: Burger/Kosmynka
1
Suffolk County Tax Map # 1000- 098.00-01. 00-015.000
1000-098.00-01.00-016.000
1000-098.00-01.00-017.000
Type of Subdivision: Major Minor Set-Off (Lot-LineJ
Cluster Subdivision: Yes <$/
Hamlet: Cutchogue
Street Location: Pine Tree Road
Acreage: 59,014 square feet
Number of Lots: Two (2)
Zoning District: R-40
Date: May 7, 2002
.
i
Please list name, mailing address, and phone number for the people below:
Applicant: ElIepnp 'Rl1repr, -'--__-Markin K nRmyn k!'J
2215 Pine Tree Road 1985 Pine Tree Road
Cutchogue,New York Cutchogue, New York
734-6499 734-4059
Agent handling the application: William C. Goggins
(Contact Person) P.O. Box 65, 13105 Main Road
Mattituck. New York 11952
(631)298-4200
Property Owner(s): Eugene Burger
Ann Burger
Martin Kosmynka
Christine Kosmynka
I
Surveyor: K~pneth H. Beckman L.S.
1814 Middle Country Road
Ridge. New York 11961
Engineer:
Attorney: Willi!'Jm r. f:neeinR, P r.
P.O. Box 65, 13105 Main Road
~attituck. New York 11952
.
Other Agent(s): None
.
;
Has this property had a previous application to the Planning Board? Yes @
Has this property previously received a SEQRA review? Yes @
Have you had any pre-submission conferences with the Planning Board? @ No
Does this application have variances from the Zoning Board of Appeals? CY~J No
Appl. No, 4995 Date December 1. 2001
Is this property adjacent to any bodies of water? Yes @
Are there any wetlands on the property? Yes @
, Are there public water mains in an adjacent street? @ No
Is public water proposed for the subdivision? Yes @
Is the majority of the property forested? Yes @
Is any part of the property inactive agricultural use? Yes @
Is there an existing or proposed sale of development rights on the property? Yes @V
Is there a mortgage on the property? Yes @>
Does the owner own any,adjacentproperties? Yes @
Are there any building permits currently pending on this property? Yes @
Signature of Pre parer I1ibC-~ Date ~~)w)-
~~-_._---_...._--- - - -- - --- -- - - ----- -- - ----.. -- ----
" ^I'I'Lr,Cl\NT
Tll)\NSl\CTlON^I, DrSCLOSI/IU, FOHH
The Tawn af Sau tho. l(l~.25!.~,....2L~~l!.lcs Qral!i bits callE 1i,s.~s a f,
interest an the p<,!rl. af town officers, and emplayees. The
~.E.pose of this form l~_l<a yravide infarmatioll which_~~~
alert the tawn of ~~JJ~_-,-~on[licts of interest and allow
it to take whatever action is l1eces~acy to. avaid same.
YOUR NMfR: Eugene Burzex__-.h.lln Burg~L Martin KoslJlynka and, Christine Kosmynka
(Last name, Cit'st 'name, middle lllitial,'unlesR
YO\l ar.e opplyin9 t.n the ni'lme of Bomeane e18e or. .
ather. entity, snch oS i'l compi'lny. If so, lndt.ci'll;e
the ather 118r.sal1' sot.' company' s name.)
Nl\TlJRE OF ^1'1'1.IC^TJON, (Ch<;>cl< <11.1. that "pply.)
Tax grlevance
Variance
----
Change of zane
l\ppraval of plat
Exemption from pl~t or. offlcial map
Otller -----
(If "Other," name the activitY.)Planning Board: Lot Line Change
00. yuu pe~aunally (u~ ~h~uugh you~ co~pany. a~uuoe. sibling,
pa~enl:', u~ child) have a ~e.Lal:ionahlp vlt,h any orr:1ce~ o~
,empluyee of l:he TO'll) uf Soul:ho.Ld? <<Relationahip" inCludeR
by hluod, ma~~iage, or business interent_ <<nuslnesR
intereat" meana a businearr, inC,lud,i,ng a partnerah1V, in
which the tuwn ufficer u~empluyee has even a pa~tial
o\lnerRhip of (01:: employment by) 'a cor.pa~<J.tion in which
the tuwn ufficer or empluyee O\lnfl more Ulan 5% of the _
shares,
YES ~ NO ~L
If yuu answered <<YES," cumplete the balance of thlfl(or.m and
date and sign ~b~r.e indicated.
Name of per.son'eniployed by the Town of Southold
Title or position of that per.son
Describe the celatlonship between your.self (the applicant)
and the town of f lcer or, em'playee. E 1 ther check the
app~opriate line ^) thr.ough D) and/ar describe in the space
pr.ovided.
The town afficer or ell1ployp.e or hls or her spouse, sibll.ng,
pa~ent, or child 1s (check all that apply)!
_A) the owner. of gr.,eater. than, '5':'(, of the share,s of the
corporate stock of ,the appllcant (when"the'applicallt
is a: corparatlol\);
13) the legal or. bel1eflcl.i'\l owner. of allY interest J.n a
- lloncor.iJorate elltol.ty (when the applIcallt ls lIot <1
carporatlan);
__C) an afficer, dir.ectot, p<1r.tIlPr., de employee of I:he
applicant; or.
_D) the actual oPpll.cilllt.
OESCR I P'['ION or HEL^'['T.ONStl II'
..None.. 0 f the ApI! 1 i c a11..t~LQr__gt.tQ.t::g"ey,Jl.as_a.._J;:~l,:rtiQnsh :i,Q_,___,_,_,
---------.-.------.-.--.--- ---
-_.~-----~~_._._------------_.__._-.----_._---.--._-----.-
, a fz-. !/I;/lu
:;\lhl\lI tt:r>d tl!1tt1 s_l__day ,~'::"':''AflXOOll 2002 " /} , ~
Si{.Jll~t:.\IrR.._n_ _._,____~__.-_.______ _, "___._
1'1' lilt 1l<1!lIP !~:i,JJ~~J:l?__q,_.,uQ.':lgg~n~, n, ___
14-16-4 (2187)- Text 12
I PROJECT to, NUMBER . ] 617.21 SEQR
\
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
Fo'r UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT /SPONSOR PROJECT NAME
William C. Goggins Bur er/Kosm nka
3. PROJECT LOCATION:
Municipality Southold County. Suffolk
4_ PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc" or provide map)
SCTM Nos. 1000-098.00-01.00-015.000
1000~O98.00-01.00-016.000
1000-098.00-01.00-017.000
5. IS PROPOSED ACTION:
oNew o Expansion ao Modification/alteration
6. DESCRIBE PROJECT BRIEFLY: Lot Line Change: making a larger' parcel smaller and, an
adjacent parcel larger.
7. AMOUNT OF LAND AFFECTED:
Initially 1.2 acres Ultimately 1 ~ 2 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
lZJ Yes oNo If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[Xl Residential o Industrial o Commercial o Agriculture o Park/Forest/Open space o Other
Describe:
Residential homes in area located on .5 acre plots.
"
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTALAGENCY (FEDERAL,
STATE OR LOCAL)?
[XI Yes oNo If yes, list agency(s) and permit/approvals
Zoning Board ,of Appeals Variance
11. DOES ANY ASPECT OF THE ACTfOH HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes IX! No If yes, fist agency name and permlUapproval
12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes IXI No
.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor Dal~: May 1. 2002
....
Signature:
If the action is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
0 .
.
,.' J ~ PART 1-PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect
on the enviro'1ment. Please complete the entire form, Parts A through E, Answers to these questions will be considered
as part of the application for approval and may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve
new stuqies, research or investigation, If information requiring such additional work is unavailable, so indicate and specify
each instance.
- :.~,~ NAME OF ACTION
Burger/Kosmynka Lot Line Change
..' LOCATION OF ACTION (Include street Address, Munlclpallly and County)
2040, 2110 Pine Tree Road
'to't.':': . NAME OF APPLICANT/SPONSOR I BUSINESS TELEPHONE
. ,~ William C. Goggins ( 631) 298-4200
ADDRESS
P.O..~BGX 65, 13105 Main Road
CfTYIPO ,.. , I STATE I ZIP CODE
.":..-. Ma.t,t:ituck NY '11952
" NAME OF OWNER (If different) . 1 BU~tNESS TELEPHONE
Euqene Burqer et al ( )
ADDRESS
I..... Pine Tree Road
>' .. CITY/PO I' STATE ,I] ZIP CODE
Cutchogue I ' NY ,11935
DESCRIPTION OF ACTION ..
-
Lot line change
'*"' ' ' ' '
...ft:'T' "- Please Complete Each Question-Indicate N.A, if not appUcable '
A. Site Description
Physical set~lng of ov~rall proJec~ both' developed llnd undeveloped areas.
1. Present land use: OOrban Olndustrlal OCommercial mResidentlal (suburban) ORural (non-fan
OForest OAgrtculture OOther
2. Total acreage'of project area: 59.014 sq.ff acres, (1.2 acres)
APPROXIMATE ACREAGE PRESENTlY AFTER COMPLETION
Meadow o,r Brushland (Non-agricultural) acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc,) acres acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECl) acres acres
Water Surface Area acres acre$
Unvegetated (Rock, earth or fill) acres acres
Roads, buildings and other paved surfaces acres acre~
Other (Indicate type) residual/vacant/woods 1.2 acres 1.2 acre~
3, What is predominant soil type{s) on project site?
a. Soil drainage: SWell drained 100 % of site OModerately well drained % of site
OPoorlydrained % of site
b. lfany agricultural land is Irlvolved. how many acres of soil are classified within soil group 1 through 4 of the t
land Classification System? acres, (See 1 NYCRR 370), NONE
4, Are there bedrock outcroppings on project site? DYes lDNo
a. What is depth to bedrock? N/A (in feet)
2
~ .
" , 5- Approximate percenpge of proposed project site with slopes 1KJ1),10% 5 % 010,15% %
015% or greater %
6. Is project substantially contiguous to, or contain a building, site, or district listed on the State or the National
Registers of Historic Places? DYes f]No
7. Is project substantially contiguous to a site listed bn the Register of National Natural Landmarks? DYes ~No
8, What is the depth of the water table? 40' (in feet)
9, Is site localed over a primary, principal, or sole source aquifer? DYes !&JNo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes Q(JNo
11, Does project :sitecontain' any species of plant or animal life that is identified as threatened ,or endangered?
DYes @No According to '
Identify eafh species
12, Are there any unique or unusual land forms on the project site? (i.e" cliffs, dunes, other geological formations)
DYes !XINo Describe
13. Is the project site presently used by the community or neighborhood aScin ope:n space or recreation area?
",DYes aNo If yes, explain "
14. Does the' present site include scenic views known to' be'important-'to. the 'Community1
DYes mNo
,15. Streams',wlthln or contiguous to project area: NONE' , ~
,a. Name -of Stream and name of River to which it Is tributary
I
16, lakes, pO,nds, wetland areas within or contiguous to project area: NONE
a. Name b, Size (In acres)
17. Is the site served by eXistll.lg public utilities? lZIYes DNo
a) If .Yes, does sufficient capacity exist to allow ~onnection? mVes. DNo
b) ,If .yes, w~lIlmproyements be necessary to ~lIow connection? DYes E3No ,
'18. Is the";'site,lo~ated'ln an agrkultuial' district, certified pursuant to Agriculture 'and Markets Law, Article is-AA,
Section 303 and 3041 DYes l1!JNo .
19. Is the slt~ 10cated in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
' of the,ECL, and 6 NYCRR 6171 GYes GaNo' '
20. Has, the site ever been used for the disposal of solid or hazardous wastes? DYes l.XINo
, .B. Project' Description , ' "
1. Physical dimensions and scale of proJect (fill In dimensions as appropriate)
a,Total :contiguous acreage owned or controlled by proJect sponsor ] .2' acres;
b, ProJect acreage to be developed: 1.2 acre's Initially; L 2 acres ultimately,
c, Project acreage to remain undevelopedQ acres.
d, le,ngt~ of proJect, in miles: N / A (If appropriate)
e, 'If the project is an expansion, indicate percent of expansion proposed N / A %;
f. Number of off-street parking spaces existing N / A ;, proposed N / A
g, Maximum vehicular trips generated per hour none . (upon' completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially 2
Ultimately 2
i. Dirl)ensions (in feet) of largest proposed structure N / A height; width; length.
j. linear feet of frontage along a public thoroughfare project will occupy is? 574 ft.
3
_,2, How much naturcll materl~ \i,e" rock, earth, etc.) will be removed fre [he sitel None tOilS/cubiC varus
J~' > , ~
3, Will disturbed areas be reclaimed? DYes DNa KJN/A
a, If yes, for what intended purpose is the site being reclaimed? -
b, Will topsoil be stockpiled for reclamation? DYes DNa
c. Will upper subsoil be stockpiled for reclamation? DYes DNo
4, How many acres of vegetation (trees. shrubs, ground covers) will be removed -from site? None acres,
S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
DYes ~No
6. If single phase project: Anticipated period of construction N/A, months, (including demolition),
7, If multi-phased: N/A
a, Total number of phases anticipated (number),
b. Anticipated date of. commencement phase 1 month year, (including demolition),
c. Approximate completion date of final phase month year,
d, Is phase 1 functionally dependent on subsequent phases? DYes DNo
8, Will blasting occur during construction? DYes 0No
9. Number:'Of jobs generated: during construction N/A ; after project is complete
,. ,p 10. Numbei-i~f jobs eliminated by this project None
,. 11. Will project require relocation of any projects or facilities? DYes IIDNo If yes, explain
. ~.
.... . , 12. Is surface liquid waste disposal involved? DYes IKlNo
iU....."t". , a, If yes, indica.t~ type of waste (sewage, industrial,etc,)and amount.
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? DYes 19No Type
14. Will surface area of an existing water body i'ncrease .or decrease by 'proposal? DYes I1DNo
.' Explain ,
1.5, Is project or any portion of project located in a 100 year flood plain? DYes' '~No
. '/'
16. Will the project generate solid waste? DYes miND
a. If yes, what is the amount per month . tons
..,..~i " b, If yes, will an existing 'solid waste facility be used? DYes DNo
. ..~ . ~ c. If-'yes. give name ; location
d, WtU~nywastes not go into a sewage disposal system or Into a sanitary landfill? DYes DNo
.....;f .' e, If,'''{;.es, :explain
F. Will the project involve the disposal of solid waste? DYes EJNo
c a. If yes, what is the anticipated rate of disposal? tons/month.
','
b. If yes, what is the anticipated site life? years,
18. Will project use herbicides or pesticides? DVes lXINo
19, Will project rout"inely produce odors (more than one hour per day)? DYes (9No
20. Will project produce operating noise exceeding the local ambient noise levels? DYes @No
21. Will project result in an increase in energy use? DYes KlNo
If yes, indicate type{s)
22, If water supply is from wells, indicate pumping capacity gallons/minute,N/ A
23. Total anticipated water usage per day gallons/day, N/A
24, Does project involve Local, State or Federal funding? DYes lXlNo
If Ves, explain
4
" - ..
,'< ,~ ^' ~5, Approva,ls Required: Submiltal
Type Date
City, Town, Village Board DYes KlNo
City, Town, Village Planning Board ~Yes DNo Lot Line Change
City, Town Zoning Board ~Yes DNo Variances
City, County Health Department DYes ~No
Other Local Agencies DYes IKlNo
Other Regional Agencies DYes [ZINo
State Agencies DYes , ~No
Federal Agencies ~ DYes ~No
C.Zoning and Planning Information
1, Does proposed action involve a planning or zoning decision? K)Yes DNo
If Yes, indicate decision required:
pzoningal,l1endment K1zaning variance Ospecial. use permit "qsu~division ,Osite plan
Dnew/revisianof master plan Dresaurce management plan Dodier 1 at line ch~nge
2. ,What is the zoningclassification(s)of the site? R-40 Residential
3: What is the maximum potential development of the site if devel~ped as' permitted by the present zo~ing?
two (2) building lots ,_
I
'. ' ,4';~!W",a{.;:~s,ii~e,proPQsed zoning,of ,the site? Rp!':; cl pnH R 1
5.' What ~is the maximum potential development of the site if developed as permitted by' the 'proposed zoning?
. two (2) building ,lots
6. 'Is, the.,proposed action consistent with the recommended uses in adopted local land use plans? IX.JYes ONq
7. What'ate the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action?
.." .....
R':':'40 Residential
8. Is the proposed' action compatible with adjoining/surrounding land uses within a ~ mile? tmYes ON,
9. If the proposed action is the subdivision of land; how many lots are proposed? two (2)
'a, What is the Ininlmum lot size proposed? 11>, I> 1 7 ~q fr, ??, 1q 7!':q fr
10, Will proposed action requi~e any authorlzatio,n(s) for thefomiation of sewer,or water diStricts? DYes lllJNI
,11 . 'Will "the propos,edaction create a ,dema~d':for:'atiyJ. community' ptovided;services (recreation~education, POliCE
fire protection)? DYes mNo
. a. If yes, is existing capaclty sufficient to handle projected demand? 'DYes DNo
',12. WlII,the propo~ed action result in the generation .oftraffic significantly above present levels? DYes' OONc
a, If yes, is the existing road network adequate to handle the additional traffic? DYes DNo
. ~ /1 /" II r ..L ~ II 1/
D. Informational Details J, E E j// t'.. tA../ ;0, 6 J-ec.:rltF,v () - W.A1""E II( r!,?,/ I
Attach any additional information as may be needed to clarify your project. If there are or may be any adve~
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c
avoid them.
E, Verification
I certify that the information provided above IS true to the best of my knowledge,
Applicant/Sp Date May 7 , 200?
Signature Title Agent / Attorney /Sponsor
If the action Is In the Coastal Area, an you are a state agency, complete the Coastal Assessment Form before proceedin
with this assessment.
5
$vlOF
WILLIAM C. GOGGINS, P.C. 1'177
ATTORNEY AND COUNSELOR AT LAW
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone (631) 298-4200
Fax (631) 298-4214
WILLIAM C. GOGGINS
DONNA M. PALMER
Paralegal
March 3, 2003
Southold Town Planning Board
53095 Main Road o ~:~:::~
Southold, New York 11971
Re: Eugene Burger and Ann Burger;
SCTMNo.: 1000-098.00-01.00-015.000; and
1000-098.00-01.00-016.001 Southold iowl'!
Planning Board
Dear Sir or Madam:
Enclosed please find the Bargain and Sale Deed that has been filed at the
Office of the Clerk of Suffolk County pursuant to the lot line change in
connection with the above referenced matter.
If you have any questions, please do not hesitate to contact the undersigned.
Thank you,
u;: yours,
"~
WILLIAM C.
WCG/dmp
enclosure
Sv tBF
WILLIAM C. GOGGINS, P.C.
A1TORNEY AND COUNSELOR AT LAW
P:O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone (631) 298-4200
Fax (631) 298-4214
WILLIAM C. GOGGINS
October 8, 2002
DONNA M. PALMER
Southold Town Planning Board Paralegal
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Attn: Mrs, Kaelin
Re: Burger/Kosmynka;
SCTM No. 1000-098.00-01.00-015.000 (merged with tax lot 16)
1000-098.00-01.00-016.000 (merged with tax lot 15)
I 1000-098.00-01.00-017,00
I
I Dear Mrs. Kaelin:
I
Enclosed ,please find the original certified mailing receipts, copies of which
!
I
were preViously submitted as were the green return acknowledgement cards,
If you require additional documentation, please do not hesitate to contact us.
Ven' truly yours,
W~
William C. Go
WCG/bh
Enclosure
T Ilsmynk:a
i
I
Certified Fee
Postmark
N '~r-'""" Here
Cl (Endorse 'ent Required) Clerk: KKtj5RW
Cl Restricte I Delivery Fee
Cl (Endorserr !ant Required)
"
Cl Total Postage & Fees $ 10/03/02
r"l
U1
Cl Sent To S I
Anthony R. & Nancy . zzo
ru 'Street;'AP'{-f.Jo,;'ngtf2i5"'NW"'25'E1i---Lane"'."n..n'..""..-"'.,.....
g _~~~?,~~~!'!~:.",-Ga,:i.:ne-sv,:i.:ll-e,....Fl...,.0-26.Q.6-S6!j.7-,.,-,.,
l"- City. State, ZIP+4
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR. P.O, Box 1179
Chairman Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAM J, CREMERS Fax (631) 765-3136
KENNETH L. EDWARDS
MARTIN SIDOR.
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 8, 2002
William C, Goggins, Esq.
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
RE: Proposed Lot Line Change for Burger/Kosmynka
Located at 1900 Pine Tree Road in Cutchogue
SCTM#1000-98-1-15, 16 & 17 Zone: R-40
Dear Mr. Goggins:
The Southold Town Planning Board, at a meeting held on Monday, October 8,2002,
adopted the following resolution:
The public hearing was closed.
WHEREAS, the lots 1000-98-1-15 and 1000-98-1-16 merged pursuant to Article II
Section 100-25A; and
WHEREAS, the applicant proposes to amend the lot line of SCTM#1000-98-1-17 where
Parcel 1 equals 22,397 square feet and Parcel 2 equals 36,617 square feet; and
WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance
for the non-conforming lots (Appl. No, 5058), with conditions, on July 25,2002; and
WHEREAS, the Planning Board acknowledges that the area variance does not
authorize or condone any current or future use, setback or other feature of the subject
property; and
WHEREAS, no accessory structure other than the existing garage is permitted on
Parcel 1 until a single family residence is constructed; and
y
/
SUblUissiott fVithout a Cover Letter
Se.ndc.t': W/Ui fIw'V(! if&&Ws
Subject: t~( f/5 ffl tI ~I::,f
SCTlff#: 1000~ 0 q r. OJ - 0 { .. ()() -- (), So< ~OD
Date: ' (),~ ,4(' ro-o~
Cont.nwn(s: (f) <<~ ~ ~~
-......... "." ..---....--- ."". ...-.-..- ... .... . -~" ...---.--....,-.. . .-...--.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
~er //?Q $1ttt'tVt t tL-
-against- AFFIDA VIT OF
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as /TQ(/ - 0 q o. d () - -0 I. ad - 0 IS: dOO
STATEOFNEWYORK)
)ss:
COUNTY OF SUFFOLK)
MARTIN KOSMYNKA, residing at 1985 Pine Tree Road,
Cutchogue, New York.
On the 26th day of September, 2002, I personally placed the Town's
official Poster, with the date of hearing and nature of my application, in a
secure position upon my property, located ten (10) feet or closer from the
street or right-of-way facing the street or facing each street or right-of-way
abutting this property near the entrance or driveway entrance of my
property, as the area most visible to passersby.
I hereby confirm that the Poster has remained in place for seven days
prior to the date of the subject hearing date, which hearing date was shown
to be October 7,2002. ~~A/
MARTIN K SMYNKA
OONNAM. PALMER
Notary Public. Stateoi New York
No.01PA6Q89918
Qualified in Suffolk County ;2tflJ.-2-
Commission Expires ~r 9,':"'- .
, SENDER: COMPLETE THIS SECTION '
. Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you,
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Lindsey & Shelley Scoggin
2220 Pine Tree Road
Cutchogue, New York 11935
3, Service Type
~lfied Mail D Express Mail
o Registered ~urn Receipt for Merchandise
o Insured Mail D C,Q.D.
4, Restricted Delivery? (Extra Fee) 0 Yes
2, Article Number (Copy from service labelj
SENDER: COMPLETE THIS SECTION
Thomas & Jane E C tt 11 · Complete items 1, 2, and 3, Also complete
. 0 re item 4 if Restricted Delivery is desired,
3775 Skunk Lane, P.O. Box . Print your name and address on the reverse
Cutchogue, New York 11935 so that w,e can return the card to you.
· Attach thiS card to the back of the mailpiece, 0 Agent
or on the front if space permits, D Addresse
3, , 1, Article Addressed to: D, Is delivery address different from Item 1? 0 Yes
oJ If YES, enter delivery address below: 'If No
!iartin T. & Christine D. Kosmynra
[L985 Pine Tree Road,
4, Cutchogue, New York 11935 ,"
2.. Artie, Ie Nu,., mp", e, r (C, opy fromservic,elab,e,lrl '..,' ','",.,.",,' , J
. ., '.' . ,... ..',' I ..f'17'.. . ~ l
J ',,'.,.. '... .. ..... '.>( t57J .' . 3. Service Type
P$:lPbfrr3?11, J,uly 1999 , . [J)omestic Return Rr P.Certified Mail 0 Express Mail
~~rt:llnrTe"m::>rrc.,..-"F''':-'''---'-_'''''' .-....,,,. .... ...".... , D Registered ~eturn Receipt for MerchandisE
'QT.
.1 . D Insured Mail 0 C,Q,D.
1..f-rtic1e Addressed to: , I
'fhomas. Ri. Leviness ; 4, Restricted Delivery? (Extra Fee) DYes
~M5 Pi1'l,e TreE). R?c<'l,9. '. ' . 2. Article Number (Copy from service labelj
Gutchogue,New York 11935
PS .F~rm 3811 ,July 1999 Domestic.Return Receipt 102595,99.M'1789
..------- ---.----".-----.-- -
---"- _.._----~,--~
~ r::'_.____........._.~
I >>
Complete items 1 , 2, a~d 3. .Also ~omplete
item 4 if Restricted Delivery IS deSired,
2, . Print your name and address on the reverse D A ent
so that we can return the card to you, g
. Attach this card to the back ?f the mail piece, 0 Addressee
[" or on the front if space permits, D, Is delivery address different from item1? ~ ~~
.......,............,....,.'.'.. .." ' If YES enter delivery address below. ..,."
! 1,Article Addressed to, ,
,Eugene and Ann Burger \'
, 22.15 Pine Tree Road · '.
,P.,O.Box 934
, .',...~ · 'N Y rk 11935
3, GULchogue, ew 0 3, Service Type .
~rtified Mail D Express Mall ,
. ~f" elEI1UEn ~r D '] " ,:'j}~~~ 0 Registered , ~turn Receipt for Merchandise
''''"' r,U" lYl ~If If, , ~ 0 Insured Mall 0 C,Q,D.
4, 4. Restricted Delivery? (Extra Fee) 0 Yes
2,ArtiF'eNUD1~~r (Cf~y fro1 !~7JYf~~/~p~O'i 'i 2, Article Number (Copy from service label)
: ' ", ., ,,': '" ); ;: ' : ~ ' : i : Ii, ' ::, :":!", :; , , ! i ';! '" > ; ; i ! ',: : ! I
.,.,"!" '.,. '. " "",.. 'i',"'i"".., """'." '. . .' 102595'99,M,1789
P$.Fo'rm',B811, July99S "" "", . Domestic Return R ' 'F 3811 July 1999 Domestic Return Receipt
.!')),!':i!::j:'i'"j'j';!i"',:i,': '!;;.',' :', "- iW Ii :":!',:'II,:I:::'.I;,';I' I,:',->:i: :,..,',: ",:"I?S:! 'arm' 1
LA W OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
10315 MAIN ROAD, P,O. BOX 1424
WILLLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE
ERIC J, BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD
ABIGAIL A. WICKHAM SUITE III
---- MELVILLE, N. y, 11747
LYNNE M. GORDON 631-298-8353 ----
JANET GEASA TELEFAX NO, 631-298..8565 631-249-9480
FAX NO. 631-249-9484
September 27, 2002
00uthold Town Planning Board
PO Box 1179, 53095 Main Road
Southold, New York 11971
Re: Burger/Kosmynska; 2040 Pine Tree Road, Cutchogue, NY
SCTM#1000,.98-1-15,16 and 17
Gentlemen:
We represent Dr. and Mrs, Thomas Cottrell, who own the property immediately to the
North ofthe property in question. Dr. Cottrell has advised that he received a notice that
this matter is scheduled for a public hearing on October 7, 2002,
We would like to advise the Board that the applicant caused two sheds to be placed on
the property behind the garage within just a few days of the Zoning Board of Appeals
decision which permitted only the existing accessory building (the garage) to remain on
Lot 2 of the proposed subdivision without a principal building. Further, this is in clear
violation of the Zoning Ordinance if your Board approves Lot 2 as a separate lot. Our
requests to remedy the matter have been unsuccessfuL We therefore ask that prior to
granting any approval, that you require the applicant to comply with the Zoning
Ordinance and the Zoning Board of Appeals.
It also appears from a review of the ZBA decision that a variance for an undersized lot
was granted, and that no waiver of merger was granted. Accordingly, the property is one
lot at present and a division pursuant to subdivision may be subject to your current
moratorium, It does not comply with your current set off policy. Lot 2 is not a larger,
further subdividable parceL
Thank you for your consideration,
Cc: ZBA, E. Forrester, B. Goggins
I
.. , Tll: ~5r:.:;-';13E, F': 1,'2
(~"'F-) ,-,-' -"';II?..... 1"" <:: ': P f. RClI'r1: _ f ~-
~t:: -,;:::r-C:'J<.)c ,..'~'..' ,',..,
C' Q;r::"
~ ,,) Vile'>!
rB
WICKHAM. WICKHAM &; BRESSL~ P.C. n r('
r.o. Box 1424.10315 M.ain Road. Mattituck, New York 11952
Phone (631) 298-8353 - Jiux (631) 2.98-8565__
~ 'f .. -2"" J
"., ,I' .~~,. 'Ii. '" ~ ,~, _
TIj:~,,, \) !~..JJ.icJd- &lVjrl ('} __ 10.. n ""J. r/L\ J:xJ(.,trd
"-1/' ,-""' .....:1 I '3 I '.
Fail!:. N(\.: . 't,'""et::L,__ (..) -'t.;' t,.A .' ._.,
I?rom:_~_~~~J:J3 (~ .t'V,,"--, _ __
..~ ji
· ..r.:. '0, r~' . I,,' '
Re:.__ Q)r,,~\.~..C ,O~,L\ Y\S r~(?A.__~__
Includes: I ~ i?"-:--
~,~_.._~~,._.. .
___ri,.,.- "_"'"""",""_M__ __~___ ...
lJa1e:--S LQ+ / ~ # ofPag";' including <<:>ve< sheet: (l l
~
This transmisshnll MUw.ns information CQ.ufide.ulial and/or ),egaUy }..'!hlilegoo, It is: intc.ndod for
1.:ISC f"cly by the person to whom it is directed. If you have roc.eived this telecop)' in error. please
notify l.lS by telephone immediately so that we can lltl'a.Ogc for the retu:m of the documents to us
I1t no cost 10 you. If )lJU do not, ll.1Ceive all of the pages indicated, please call as soon n.<; po~:slb1c
lilt the number referenced above.
,,~ ~.., . .
SEF'-27-E'002 1:'..:52(:1 FRDr'1: T1J:7653136 P:2'2
I ,A W OFHCJ.;S
WICKHA1>.f, WICKlll\M & RRESST,FR, P,C
J OJ I 5 MAIN ROA D, P n p,nx 1424
Wll..LLlJ"M WICKHAM M}.,TTITUCK, LONG ISLAND MEL Vii ,I ,r, OFFICE
ER1C J HHFSSLI~H NLW YORK 11952 275 BROAD HOLLOW Ri)
.'\WnA1L A, WICKHAM SlIiTI.: 111
---- MELVJI.LF, N, y, 11747
L njNE M GOR.110N 631-29&-8353 ..."'.......
!ANFT OF A!)/;, ll::LEh~X NO bH.29l;.8565 63 J-240-948fi
F^~\, NO, 631-249.9484
Septemher 27, 2002
Southold Town Pltu1lling Roo.rd
PO B'JX 1179, 53095 Main Road
Southold, Nt::w York 11971
Rc: Hmg(;r!Kosmynska; 2040 Pine Tree Road. ClItchoglJe. NY
SCTM# 1000.98-1-1 5,16 and 1 7
Gentlemen:
'l'le repre~;el1t Dr. and 'Mrs, l'homas Cottrell, who own the prupt~rlY immediately to the
North of thri; properrj in question. Dr. Cottrell hns ndvised that he rCi;ci vt.1d a notice that
thill. !I'latter is ~chedt!led f(II' fj, public hearing on October 7.2002,
vVe w'ould like to advise the Board that the applic.ant caused two sheds: to be placed on
t.lr:u; property bt:himi th~ garage within just a few days D1'tbe Zoning Hoard of Appeals
dcciiSiun which pit:'rmiLL~d only the existing acce.,<;BQry building (the garoge) to remain un
Lot::! ()filie proposed fmbdivi~j\"m '\~th()ut a l~J'jncipal buildlllg,. Furth\,~l', this is in clear
violation (',fthe Zoning Ordinance if your B01l.rd approves Lot 2 as a st:panJ.le!nt. Our
requem;q to remedy the matter have been unsuccessful. We thcrclbre a"k that prior to
g1'l'mtin,g 6J'l.Y appro'\'al~ that you require the applicant to comply with lhe Zoning
O!'dillal.l(,~e and the Zo1Ltng Board orAppl.:i:tJs,
It also apFears from a review of the ZDA decision that a vnrinnc.e for an undersized lot
was gra...,ted, and that 110 waiver of inergcl' was granted, AcctJrdingly" the property i~ (me
lot at pres~1'l.t ~uj,da divisil:ll1 PUtSl.lrtll,t to subdivision may be s\.lbjl:!.:l to your CUf1'Gnt
moratorium, It docs not comply with )lour l:utrenl. l'el offpoJicy, Lot 2 is not a larger,
further subdividable :parc;:.!.
Tharm )'V~l fur your cUilliideration,
Cc: lRA., E, FOn:I~sti~r, 13. Goggins
I .'
-
PlANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR, P.O. Box 1179
Chairman Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAM J, CREMERS Fax (631) 765-3136
KENNETH L. EDWARDS
MARTIN SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article
XXV of the Code of the Town of Southold, a public hearing will be held by the Southold
Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town
on the 7th day of October, 2002 on the question of the following:
6:00 P.M. Public Hearing for the proposed site plan for Lewis Marine Supply. The
property is located at 230 Corwin Street in Greenport, Town of Southold, County of
Suffolk, State of New York. Suffolk County Tax Map Number 1000-48-2-1 & 44,1
6:05 P ,M. Public Hearing for the proposed lot line change of Burger/Kosmynka, The
property is located at 1900 Pine Tree Road in Cutchogue, Town of Southold, County of
Suffolk, State of New York, Suffolk County Tax Map Number 1000-98-1-15, 16 & 17
Dated: 9/26/02
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Bennett Orlowski, Jr.
Chairman
PLEASE PRINT ONCE ON THURSDAY, OCTOBER 3,2002 AND FORWARD ONE
(1) AFFIDAVIT TO THIS OFFICE, THANK YOU.
COPY SENT TO: Suffolk Times
Sep-27-02 10:40A P.Ol
"FROI" : SOUTHOLD Tm!"l PL..ANNlliG BOARD FRX NO. : 531 765 3136 6c~. 26 2002 02:15Pt1 Pl
P,O. Box 1179
53095 Route 25
Southold, NY 11971
Phone: {631) 765-1938
Fax: (631) 765-3136
E-Mail; planning@southold,org
Fax
Tm The Suffolk Times Froml Valerie Scopaz/C.rol
- ..
FaKt Pagesl 2
--~....~.'.. . .\....... -
Phone Date: 9126/02
"-I Legal Ad for 10/3102 Edition OCI
U;gent 'lOr'R.view P..... COiNMnt PIeBse ReM ~ "'Mhd
--... .."'''..- .~
Please print the following legal ads in the 10/3102 edition. Thanks.
1017102 Regular Meeting;
6:00 p.m. Lewis Marine Supply Site Plan
6:05 p.m. BurgerlKosmynka Lot Line Change
Kindlyaoknowledge receipt by signing below and faxing cover letrar back.
Reoeived by: cr~r
Date:
" PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR. P.O. Box 11 79
Chairman Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAM J. CREMERS Fax (631) 765-3136
KENNETH L, EDWARDS
MARTIN SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article
XXV of the Code of the Town of Southold, a public hearing will be held by the Southold
Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town
on the 7th day of October, 2002 on the question of the following:
6:00 P.M. Public Hearing for the proposed site plan for Lewis Marine Supply. The
property is located at 230 Corwin Street in Greenport, Town of Southold, County of
Suffolk, State of New York, Suffolk County Tax Map Number 1000-48-2-1 & 44,1
6:05 P.M. Public Hearing for the proposed lot line change of Burger/Kosmynka, The
property is located at 1900 Pine Tree Road in Cutchogue, Town of Southold, County of
Suffolk, State of New York, Suffolk County Tax Map Number 1000-98-1-15, 16 & 17
Dated: 9/26/02
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Bennett Orlowski, Jr.
Chairman
'0
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York
being duly sworn, says that on the 27th day of September, 2002 she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold. New York
10/7/02 Reaular Meetina:
6:00 p,m. Public Hearing for the proposed Site Plan for Lewis Marine Supply
SCTM#1000-48-2-1 & 44.1
6:05 p.m. Public Hearing for the proposed Lot Line Change of Burger/Kosmynka
SCTM#1000-98-1-15, 16 & 17
/~I ~~
/ \
{ ,,/ (?" .ALf/ -<' '
Carol Kalin
Secretary, Southold Town Planning Board
Sworn to before me this
a2.1o day of ~ ' 2002.
~9~
Notary Public
LINDA J. COOPER
Notary Public, State of New York
No. 4822563, Suffolk County
Term Expires December S 1. -t9: Olo () v
STATE OF NEW YORK)
)SS:
~~F S~OLK)
.:::.J,#'M A/...v ~~~ of Mattituck,in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York,
and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week for I weeks succes-
sively, commencing on the ...g day
of t)(!~-r 200'.z... .
~~~
Sworn to before me this :3
day of od- 20 OJ-
~F~~
LAURA E, BONDARCHUK
Notary Public. State of New York
No 01806067958
Qualified in Suffolk County , IJS-
My Commission Expires Dec. 24, 20..::
-.....-.-..
-
.51/ IBF
WILLIAM C. GOGGINS, P.C.
ATTORNEY AND COUNSELOR AT LAW
P;O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone (631) 298-4200
Fax (631) 298-4214
WILLIAM C. GOGGINS
, September 20, 2002
DONNA M. PALMER
Southold Town Planning Board Paralegal
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: Burger/Kosmynka;
SCTMNo. 1000-098.00-01.00-015.000 (merged with tax lot 16)
1000-098.00-01.00-016.000 (merged with tax lot 15)
1000-098,00-01,00-017.00
Dear Sirs:
Enclosed please find an affidavit of Mailings in Connection with the above
referenced matter.
Very truly yours,
ii:t
// / .
i/J. ..~
lam C. ,0 s
WCG/bh
Enclosure
CC: Eugene Burger, Marty Kosmynka
~ >F "01
. ;) "O!...
PLANNING BOARD OF THE TOWN OF SOUTHOLD
COUNTY OF SUFFOLK: STATE OF NEW YORK
In the matter of the application of
EUGENE BURGER and MARTIN kOSMYNKA, AFFIDA VIT OF
MAILINGS
SCTM NO. 1000-098.00-01.00-015,000
1000-098.00-01.00-016.000
1000-098.00-01.00-017.000
STATE OF NEW YORK )
)ss:
COUNTY OF SUFFOLK)
ELAINE VILLANO, residing at Mattituck, New York, being duly
sworn deposes and says:
ONE: On September 20,2002 at 10:00 a.m" I personally mailed at
the United States Post Office located at Love Lane, Mattituck, New York, by
certified mail, return receipt requested, a true copy of the attached Legal
Notice in postage prepaid envelopes addressed to the current owners shown
on the current assessment roll verified from the official records on file at the
Southold Town Office of the Board of Assessors for every property which
abuts and is across a public and private street, or vehicular right of way of
record surrounding the applicants property, of which a copy of that list is
attached hereto with the attached certified mailing receipts.
,~~
ELAINE VILLANO
Sworn to before me this
.2{f;. day of September, 2002
j!t~c~
WIlliAM C. GOGGINS
Notary Public. State of New~
No. 4963689. Suffolk CouIQ
Commission Expires Marcil 12. ' " ~
~arnes,i\ddresses Leoniak Planning Board
1, 1000-098.00-01.00-018.000 7002 0510 0002 2041 3856
Thomas and Jane E. Cottrell
3775 Skunk Lane
P.O. box 1292
Cutchogue, ~ew York 11935
2. 1000-098.00-01.00-020.000 7002 0510 0002 2041 3849
Anthony R. and ~ancy S. Izzo as Trustees
7 West Muirfield Court
Homosassa, Florida 34446
3. 1000-098.00-01.00-011.002 7002 0510 0002 2041 3832
Martin T. and Christine D, Kosmynka
1985 Pine Tree Road
Cutchogue, ~ew York 11935
4, 1000-098.00-01.00-012.000 7002 0510 n002 2041 3825
Thomas R. Leviness
2015 Pine Tree Road
Cutchogue, ~ew York 11935
5. 1000-098.00-01.00-013.000 7002 0510 0002 2041 3818
Arthur and Esther Matelli
Revocable Trust
172-09 32nd i\venue
Flushing, ~ ew York 11358
6. 1000-098.00-01.00-014.000 7002 0510 0002 2041 3801
Eugene and Ann Burger
2215 Pine Tree Road
P.O. Box 934
Cutchogue, ~ew York 11935
7. 1000-104,00-02.00-008.000 7002 0510 0002 2041 3795
Lindsey and Shelley Scoggin
2220 Pine Tree Road
Cutchogue, ~ew York 11935 -,
, "
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...
Names, address (cont.)
8. 1000-104.00-02.00-006.000 7002 0510 0002 2041 3788
Frank and Tina Cento
84 Wyatt Road
Garden City, New York 11530
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,..
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR P.O. Box 1179
Chairman Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAM J. CREMERS Fax (631) 765-3136
KENNETH L. EDWARDS
MARTIN SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 10, 2002
William C. Goggins, Esq.
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
RE: Proposed Lot Line Change for Burger/Kosmynka
Located at 1900 Pine Tree Road in Cutchogue
SCTM#1000-98-1-15, 16 & 17 Zone: R-40
Dear Mr. Goggins:
The Southold Town Planning Board, at a meeting held on Monday, September 9, 2002,
adopted the following resolutions:
WHEREAS, the lots 1000-98-1-15 and 1000-98-1-16 merged pursuantto Article II
Section 100-25A; and
WHEREAS, the applicant proposes to amend the lot line of SCTM#1 000-98-17 to form
two single and separate lots where Lot 1 equals 22,297 square feet and Lot 2 equals
36, 617 square feet; and
WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance
for the non-conforming lots (Appl. No. 5058), with conditions, on July 25, 2002; and
WHEREAS, all of the conditions have been met as outlined on the map revised on
August28,2002;and
WHEREAS, the Planning Board acknowledges that the area variance does not
authorize or condone any current or future use, setback or other feature of the subject
property; and
WHEREAS, no structure is proposed at this time and therefore Suffolk County
Department of Health and/or Suffolk County Water Authority approval or permits are
not required; be it therefore
,,~
~.
Buroer/Kosmvnka - Paoe Two - September 10. 2002
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, do an uncoordinated review of this unlisted action.
The Planning Board establishes itself as lead agency, and as lead agency, makes a
determination of non-significance and grants a Negative Declaration; and be it
FURTHER RESOLVED, that the Southold Town Planning Board set Monday, Octolber
7,2002, at 6:05 p.m. for a final public hearing on the maps, dated August 28,2002.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to
the Town's notification procedure. The notification form is enclosed for your use. The
sign and the post will need to be picked up at the Planning Board Office, Southold Town
Hall. Please return the enclosed Affidavit of Posting, proof of certified mailing,
AND the signed green return receipts from the certified mailing before 3:00 p.m.
on Friday, October 4th. The si~n and the post need to be returned to the Planning
Board office after the public hearing.
Enclosed please find a copy of the Negative Declaration for your records.
Very truly yours,
~(}~J;k.
Bennett Orlowski, Jr. ~
Chairman
'''1
Southold Town PlanninQ Board
Notice to Adiacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of
Southold for a lot line change;
2. That the property which is the subject of the application is located adjacent to your
property and is described as follows: SCTM#1000-98-1-15, 16 & 17;
3. That the property which is the subject of this application is located in the R-40
Zoning District.
4. That the application is to amend the lot line of SCTM#1000-98-17 to form two single
and separate lots where Lot 1 equals 22,297 square feet and Lot 2 equals 36,617
square feet. The property is located at 1900 Pine Tree Road in Cutchogue.
5. That the files pertaining to this application are open for your information during
normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any
questions, you can call the Planning Board Office at (631)765-1938.
6. That a public hearing will be held on the matter by the Planning Board on October
7,2002 at 6:05 p.m. in the Meeting Hall at South old Town Hall, Main Road,
Southold; that a notice of such hearing will be published at least five days prior to
the date of such hearing in the Suffolk Times, published in the Town of Southold;
that you or your representative have the right to appear and be heard at such
hearing.
Petitioner/Owner's Name(s): Burger/Kosmynka
Date: September 10, 2002
12>
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
by placing the Town's official poster notices(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the public
hearing on r
t have sent notices, by certified mail, the receipts of which are attached, to the
owners of record of every property which abuts and every property which is across
from any public or private street from the above mentioned property
on
Your name (print)
Signature
Address
Date
Notary Public
PLEASE RETURN THIS AFFIDA VIT AND CERTIFIED MAIL RECEIPTS ON THE DAY OF.
OR AT THE PUBLIC HEARING
Re: Proposed Lot Line Change for Burger/Kosmynka
SCTM#: 1000-98-1-15, 16 & 17
Date of Hearing: Mon. , 10/7 102, 6:05 p.m.
,
'S'58-1 NOTICE OF PUBLIC HEARING S 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
l} 58-1. Providing notice of public hearings.
[IDSTORY: Adopted by the Town Board of the Town of
Southold 12-27-1995 as L.L. No. 25.1995. Amendments
noted where applicable.]
~ 58.1. Providing notice of public hearings. ,
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same. shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall pr()vide for the giving of notice:
A By' causing a notice giving the time, date, place and
nature of the hearing to be publish~ in the official
newspaper within the period prescribed by law.
B. 'By' requiring the applicant to erect the sign provided by
- the town, which shall be prominently displayed on the
premises facing each public or private street which the
property involved in the application abuts" giving notice
of the application, the nature of the approval sought
thereby and the time and pla~ of the' pubiic hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
'display.ed for a period of not less' than seven (7) days
. - . immediately preceding the date .ofthe public hearing.
The Q.ppu~t or ,l:Jis&.el'_~nt shall file all affidavit .that
. s/he has coD?-plied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which 'abuts and every
property which is across from any public or private street
5801 l-U-lHl
S 58-1 SOUTHOLD CODE S 58-1
from the property included in the application. Such
notice shall be made by certified mail, return receipt
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed to the owners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has complied with this
provision,
;
. "'.,",'-.- ...-..-----,.----.-."'... ...- --,"- -~---~-,--_._--
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BURGERlKOSMYNKA
LOT LINE CHANGE FOR
BURGERlKOSMYNKA
1000-98-1-15,16 & 17
Lot line change to amend the lot line of SCTM#1 000-98-17 to form two
single and separate lots where Lot 1 equals 22,297 square feet and Lot 2
equals 36,617 square feet.
MONDAY, OCTOBER 7,2002 - 6:05 P.M.
:;.,
PLANNING BOARD MEMBERS P.O. Box 1179
BENNETT ORLOWSKI, JR. Town Hall, 53095 State Route 25
Chairman Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 7165-1938
WILLIAM J. CREMERS Fax (631) 765-3136
KENNETH L. EDWARDS
MARTIN SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
September 9, 2002
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 7 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed Lot Line Change for Burger/Kosmynka
SCTM#: SCTM# 1000-98-1-15,16 & 17
Location: Located at 1900 Pine Tree Road in Cutchogue.
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
The applicant proposes to amend the lot line of SCTM#1 000-98-17 to form two single
and separate lots where Lot 1 equals 22,297 square feet and Lot 2 equals 36,617
square feet. The parcel is zoned R-40 (40,000 square feet lots required).
~
MY
. Sub'lltissiott fVithoul a Cover Letter
S e.ndC.f': /11} I< flU J( oC;M yoj;~
'. /1,013 rtffr LI1l/~
Subject: ') 5" PI} R f'Lf :5
fJ'/15 ,() U
SCTlff#: 1000- 90-- 0/ c;6/ J:L
Date: . gfolr /0 L
C01unwnls: (0 f L 7JJ~ p10U ~--
~ qu~if
. "
, ... ~,~.--,.._~- ........ ------ ......- . -- -..---.--.-... . ._,---_.
.
,c
\ M-r
~ APPEALS BOARD MEMBERS ~
Southold Town Hall
IX: ~. Gerard P. Goehringcr, Chairman 53095 Main Road
~ . Lydia A. Tortora P.O. Box 1179
l' George Horning Southold, New York 11971-0959
l Ruth D. Oliva ZBA Fax (631) 765-9064
I)- Vincent Orlando Telephone (631) 765-1809
.{ http://southoldtown.northfork.net
~ BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELmERATIONS AND DETERMINATION
MEETING OF JULY 25, 2002
Appl. No. 5058 - ANN BERGER and CHRISTINE KOSMYNKA as TENANTS IN COMMON,
and EUGENE BERGER and MARTIN KOSMYNSKA as TENANTS IN COMMON.
PROPERTY LOCATION: 2040 Pine Tree Road, Cutchogue (combined lot area, consisting of CTM Nos. 15,16,
17 of Section 98, Block 1.)
Note: Conditions also refer to another lot opposite this parcel referred to as CTM98-1-11.2 (owned by M. and
A. Kosmynka).
DATE OF PUBLIC HEARING(S): February 21, 2002, March 28, 2002, June 20, 2002.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions,
without an adverse effect on the environment if the project is implemented as planned.
PROPERTY FACTS/DESCRlPTION: Applicants' property is located on the westerly side of Pine Tree Road in
Cutchogue and consists of a total area of 59,014 sq. ft. It is an improved lot with a dwelling and garage building
located at the center of the property. The parcel consists of smaller lots shown on the March 28, 1935
subdivision map, filed in the Suffolk County Clerk's Office as Map No. 1179 of Nassau Farms, referred to as #29,
30, 31, and 32. Applicants' property is improved with a dwelling and garage building, near the center of the
property. The 1935 map shows a size of approximately 60+- ft. in width, and 13,650+- sq. ft. in size for each.
BASIS OF APPLICATION: On November 8, 2001, the former owners of the property, Peter and Valerie
Leoniak, filed an application with the Building Department for a division of merged lots into two lots, with a lot
size of 22,397 sq. ft. and 104 ft. in width with an accessory building for proposed Parcel I, and with 36,617 sq. ft.
and 125 ft. in width with a single-family dwelling proposed Parcel II. The Building Department disapproved the
application on November 8, 2001, and again on November 29, 2001, as amended, for the reason that it would
create nonconformities in lot sizes: 36,617 sq. ft. and 125 feet in width (proposed Parcel 11), and creating a
second parcel (proposed vacant Parcell) of 22,397 sq. ft. and 104 feet in width, and place an accessory building
on a vacant lot. Subsequently, by letter dated July 25, 2002, the Board of Appeals received information to show
that the entire property was conveyed out by deeds dated March 29, 2002, by the Leoniaks to Berger and others.
OTHER INFORMATION: During 2001, by separate application filed under Appl. No. 4995, Peter and Valerie
Leoniak, the former owners/applicants, submitted a request for Lot Waivers for three merged parcels. During
the public hearing process were held on this application and the application was withdrawn. Subsequently,
applicants filed area variances under Appl. No. 5058, proposing insufficient lot area and width in this division of
merged property, for two undersized parcels for consideration, as an alternative to a Lot Waiver or change of lot
line application.
FINDINGS OF FACT
RELIEF REQUESTED: Variances are requested for the following:
AUG 2 0 jWuL
14:14 631.-298c214 I,HLUAr" CGOGGINS PAGE 0:'/01
07/30/20B2
WILLIAM C. GOGGINS, P,C.
AITOAA'EY AND COUNSELOR AT LAW
P;O. Box 6.5
13105 Main Road
Mattituck, New York 11952
Vja Fax 765-3136 Phone (631) 298-4200
Fax (631) 29Sw4214
WI).,I..lA.M C. GOGGINS
July 30, 2002
DONNA M. PALMl!:ll
Soutbold Town Planning Board Pilr(,rlega/
53095 Main Road, P.O. Box 1179
Southold, New Yark 11971
Re: BtrrgerflCosnrynka;
SCTM No. 1000-098.00-01.00-015.000 (merged with tax lot 16)
1000-098_00-01.00-016.000 (metged witl1taxlot I~)
1000-098.00-01.00-017.00
Dear Sirs;
Please be further advised that on July 25, 2002 the Zoning Board of Appeals
approved the vatiances that are required to allow us to go forwurd with our
lot line change application.
Please advise as to when our application v..:ill be put on the calendar,
')ij!:;yoms, . ~
Wjlliam C, ~
WCGlbh
Enclosure
CC: Eugene Burger, Iv1arty Kosmynka
JUL is 1. ,2002
--\".
).
,~ t
.. .' APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Lydia A Tortora P.O. Box 1179
George Horning Southold, New York 11971-0959
Ruth D. Oliva ZBA Fax (631) 765-9064
Vincent Orlando Telephone (631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JULY 25, 2002
Appl. No. 5058 - ANN BERGER and CHRISTINE KOSMYNKA as TENANTS IN COMMON,
and EUGENE BERGER and MARTIN KOSMYNSKA as TENANTS IN COMMON.
"
. PROPERTY LOCATION: 2040 Pine Tree Road, Cntchogue (combined lot area, consisting of CTM Nos. 15,16,
17 of Section 98, Block 1.)
Note: Conditions also refer to another lot opposite this parcel referred to as CTM-98-1-11.2 (owned by M. and
A. Kosmynka).
DATE OF PUBLIC HEARING(S): February 21, 2002, March 28, 2002, June 20, 2002.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type IT category of the State's List of Actions,
without an adverse effect on the environment if the project is implemented as planned.
PROPERTY FACTS/DESCRIPTlON: Applicants' property is located on the westerly side of Pine Tree Road in
Cutchogue and consists of a total area of 59,014 sq. ft. It is an improved lot with a dwelling and garage building
located at the center of the property. The parcel consists of smaller lots shown on the March 28, 1935
subdivision map, filed in the Suffolk County Clerk's Office as Map No. 1179 of Nassau Farms, referred to as #29,
30; 31, and 32. Applicants' property is improved with a dwelling and garage building, near the center of the
property. The 1935 map shows a size of approximately 60+- ft. in width, and 13,650+- sq. ft. in size for each.
BASIS OF APPLICATION: On November 8, 2001, the former owners of the property, Peter and Valerie
Leoniak, filed an application with the Building Department for a division of merged lots into two lots, with a lot
size .of 22,397 sq. ft. and 104 ft. in width with an accessory building for proposed Parcel I, and with 36,617 sq. ft.
and 125 ft. in width with a single-family dwelling proposed Parcel IT. The Building Department disapproved the
application on November 8, 2001, and again on November 29, 2001, as amended, for the reason that it would
create nonconformities in lot sizes: 36,617 sq. ft. and 125 feet in width (proposed Parcel ll), and creating a
second parcel (proposed vacant Parcel I) of 22,397 sq. ft. and 104 feet in width, and place an accessory building
on a vacant lot. Subsequently, by letter dated July 25, 2002, the Board of Appeals received information to show
that the entire property was conveyed out by deeds dated March 29, 2002, by the Leoniaks to Berger and others.
OTHER INFORMATION: During 2001, by separate application filed under Appl. No. 4995, Peter and Valerie
Leoniak, the former owners/applicants, submitted a request for Lot Waivers for three merged parcels. During
the public hearing process were held on this application and the application was withdrawn. Subsequently,
applicants filed area variances under Appl. No. 5058, proposing insufficient lot area and width in this division of
merged. property, for two undersized parcels for consideration, as an alternative to a Lot Waiver or change of lot
line application.
FINDINGS OF FACT
RELIEF REQUESTED: Variances are requested for the following:
.
1
. Page 2 - July 25, 2002
ZBA Appl. No. 5058 - Berger and others
Parcel 98-1-15, 16, 17, also 98-1-11.2 at Cutchogue
(1) Article lIlA, Section 100-30A.3 of the Zoning Code for the reason that both proposed
Parcels I and II do not meet the minimum code requirement of 40,000 sq. ft. per lot, and
do not meet the minimum requirement for lot width of 150 feet per lot in the Residential
R-40 Zone District. Parcel I is proposed of 22,397 sq. ft. in area and 104 sq. ft. of lot
width; Parcel II is proposed of 36,617 sq. ft. and 125 ft. in lot width.
(2) Section 100-31 of the Zoning Code for the reason that an accessory garage is not
permitted on a lot. The accessory building is proposed on Parcel I without a dwelling.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and
personal inspections, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the applicants (former owners) believed
they had a total of three lots, and later learned that the lots were merged under Section 100-24 and
100-25 of the Zoning Code. The former lots (CTM 15, 16 and 17) were similar to those shown on the
1935 subdivision map, and those lots existing in the area. The new layout of the property will create a
total of two lots, and which are equal to, or larger, than lots in the area. (Please also see hearing
transcript which is incorporated as part ofthe record, for facts and testimony provided.)
2. The benefit sought by the applicant cannot be achieved by some method, feasible for tll1e applicant
to pursue, other than an area variance. The lot does not contain a minimum of 80,000 sq. ft. to create
two lots of 40,000 sq. ft.
3. The code requirement is 40,000 sq. ft. per lot and a mi11imum lot width of 150 feet. The relief
requested for the lot size of proposed Parcel I is substantial because it only meets 56% of the code
requirement (22,397 sq. ft.). The variance is not substantial in relation to the lot size of proposed
Parcel II because it is 36,617 sq. ft. and meets 91.5% ofthe code requirement.
4. No evidence has been submitted to suggest that variances requested for the lot sizes in tll1e proposed
Parcels I and II will have an adverse impact on physical or environmental conditions in the
neighborhood.
5. Grant of the requested variance is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a second building lot, while preserving and protecting the character of
the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member
Orlando, and duly carried, to
GRANT the Variance as applied for, ,in accordance with the map approved 10/23/01 prepared
by Kenneth H. Beckman L.S., SUBJECT TO THE FOLLOWING CONDITIONS:
!>..,.It
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-I . Page 3 - July 25, 2002
ZBA Appl. No. 5058 - Berger and others
Parcel 98-1-15, 16, 17, also 98-Hf.2at Cutchogue
1. That the ownership of proposed Parcel II and CTM 98-1-11.2 (currently
owned by Martin and Christina Kosmynka as their residence, across the
street, be of the same ownership;
2. That the yard and garage on proposed Parcel II be maintained in neat
condition, with no outdoor storage - except hat one boat may be permitted.
3. That a natural evergreen screen be planted of arborvitae at a min. height of
four feet and four feet apart, inside of the north property line of Parcel II
during the Fall 2002, and be kept maintained.
4. That only one driveway shall b~ constructed for Parcel II, and the driveway
shall remain on the southerly side of the property (as currently located).
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other features
as are expressly addressed in this action.
Tortora, Horning, and Orlando.
adopted (4-0).
PLANNING BOARD MEMBERS P.O. Box 1179
BENNETT ORLOWSKI, JR. Town Hall, 53095 State Route 25
Chairman
WILLIAM J. CREMERS Southold, New York 11971-0959
KENNETH L. EDWARDS Telephone (631) 765-1938
GEORGE RITCHIE LATHAM, JR. Fax (631) 765-3136
RICHARD CAGGIANO
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Zoning Board of Appeals
From: Planning Department
Date: July 1, 2002
Re: Lot Line Change for Burger/Kosmynka formally Leoniak
SCTM# 98-1-15, 16 & 17
R-40
The Planning Department has reviewed the proposed lot line change for Burger/McGrath
The following concerns are:
1. The three subject parcels that appear to have merged encompasses 59, 041 sq.
ft.
2. The minimum required lot area in the R-40 zoning district is 40,000 sq. ft. The
subject property conforms to this district
3. The request to unmerge these lots will result in two non-conforming lots.
4. The Planning Board is not in favor of creating non-conforming lots in any
zoning district.
5. The applicant's request, if granted, may result in a second application to the
Zoning Board of Appeals for an area variance to further subdivide the larger
lot.
Based upon the above, the Planning Board would like to go on record as opposed to the
lot line change. Please advise this office of any findings the Zoning Board of Appeals
makes on the application.
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WILLIAM C. GOGGINS ~
ATTORNEY AND COUNSELOR AT LAW
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone (631) 298-4200
Fax (631) 298.,4214
WILLIAM C. GOGGINS
May 9, 2002
DONNA M. PALMER
Paralegal
Southold Town Planning Board CI1,!-t/Oo7
53095 Main Road, P.O. Box 1179
Southold, New York 11971 II ;{ /7D' I ~ 1/t(J::J ({)f; IQ,-'
Re: Burger/Kosmynka;
SCTM No. 1000-098.00-01.00-015.000 (merged with tax lot 16)
1000-098.00-01.00-016.000 (merged with tax lot 15)
1000-098.00-01.00-017.00
Dear Sirs:
In connection with the above referenced matter, enclosed please fmd the
following:
1. Complete application for a lot line change;
2. Agency Affidavit;
3. Eight (8) surveys of subject area
4. Surveys of existing lots; and
5. A check in the amount of $250.00 as and for the filing fee.
As discussed at the work session, we seek to move the common lot line
shared by tax lot 17 and tax lot 16 as depicted on the survey s~lbmitted
herewith.
If you have any questions regarding this matter, please do not hesitate to
contact the undersigned.
Very truly yours,
.,.
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WCG/bh M'tl02002
enclosures
Southoid Town
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LAW OFFICES 1-~
WICKHAM, WICKHAM Be BRE'SSLER, P.C. 'L15~V \,
10315 MAIN ROAD, P.O. BOX 1424 .
MATTITUCK, LONG ISLAND t
WILLIAM WICKHAM MELVILLE OFFICE
ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD 1: '
ABIGAIL A. WICKHAM - SUITE III
LYNNE M. GORDON 631-298-8353 MELVILLE, NEW YORK 11747
-.JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480
May 6, 2002 TELEFAX NO_ 631-249-9484
Southold Town Planning Board
Post Office Box 1179
53095 Main Road
Southold, New York 11971
Re: Leoniak (Burger), Pine Tree Road, Cutchogue, N.Y. MAY () 1 2002
SCTM#1000-98-1-15, 16, & 17 " !1..!d
' - SOutuOIO T01wn
Gentlemen:
We represent Thomas Cottrell, who owns the property to the North of this property. We
would like you to have his comments at the outset of your review of this matter, rather than
waiting until the public hearing stage. Dr. Cottrell's concerns are very simple:
1. The application should be for a minor subdivision, not a lot line change. The three tax
lots, 15, 16 and 17 have merged into one lot. It is clear from the language of the Code that an
undersized lot merges with adjoining property owned in common until the requisite area is
obtained. Therefore, all three undersized lots merge into one, because none of the tax lots is
40,000 square feet. The argument that because two of the lots together create a 40,000 square
foot lot, the third undersized lot does not merge, does not appear to be consistent with the
language of the Code.
2. If the plan presented is approved, the northern lot will contain an accessory garage with no
principal use. The upkeep, use and maintenance of this building is of concern, as the prohibition
on this type of usage was to avoid the risk of derelict accessory buildings.
3. The residence on the property is small a..l1d of some age. The likelihood is that it will, in
the foreseeable future, be removed and replaced with a much larger new home of the type Mr.
Burger typically builds. This is also true of the garage, which is located in the central portion of
the building envelope on the northern lot. It would, therefore, appear that the boundary line
between the two properties should be more regular and be designed to more evenly divide the
property in half. The proposed boundary line was apparently drawn to accommodate the side
yard setbacks from buildings which in all likelihood will be less permanent than the boundary
line.
Thank you for your consideration.
t,
ee: Bill Goggins, Esq.
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WILLIAM C. GOGGINS ,
"i
AITORNEY AND COUNSELOR AT LAW ~
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone (631) 298-4200
Fax (631) 298-4214
WILLIAM C. GOGGINS
April 5, 2002
DONNA M. PALMER
Planning Board of the Town of Southold Paralegal
53095 Main Road
Southold, New York 11971
Re: Burger and Kosmynka; lot line change
Dear Sir/Madam:
In connection with the above referenced matter, we would like to discuss a
lot line change. Enclosed please find a copy of the tax map of the area of
Nassau Farms where the property is located, surveys of the actual properties,
determination of merger, and survey showing proposed lot line change.
We would like to appear at your April 15 or April 22 work session if you
have the time.
Thank you.
lJJ;lY yours,
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'WILLIAM C. .]-
WCG/dmp
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THE EXISTENCE OF RIGHTS OF WA Y /
AND/OR EASEMENTS OF RECORD IF
ANY, NOT SHOWN ARE NOT
GUARANTEED. I
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UNAUTHORIZED AL TERA TlON OR ADDITION O.2N
TO THIS SURVEY IS A 140LA TlON OF OL E/W
SECTION 7209 OF THE NEW YORK STA TE ---n -
EDUCA TlON LA W. I
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR LOT No. 56
EMBOSSED SEAL SHALL NOT BE CONSIDERED I I
TO BE A VALID TRUE COPY.
GUARANTEES INDICA TED HEREON SHALL RUN I I
ONL Y TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED. AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND
LENDING INSTITUTION LISTED HEREON. AND
TO THE ASSIGNEES OF THE LENDING INSTI-
TUTION, GUARANTEES ARE NOT TRANSFERABLE.
SURVEY OF: LOT No. 32
MAP OF NASSAU FARMS KENNETH H. BECKMAN . L.8_,-
FILED MARCH 28, 1935 FILE No. 1179
SITUA TED IN: PECONlC i Surveying and Land Planning
1814 Micj.dle Country Road
TOWN OF: SOUTHOLD Suite D
Ridge, N.Y. 11961
SUFFOLK COUNTY, NEW YORK (631) 345-9427
FAX (631) 345-9429
DA TE: 8/7/01 JOB NO. 801-5966 SCALE: 1" = 30'
DIST. SEC. BLK. LOT
S.C.T.M. NO. 1000 098 01 015
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GUARANTEED.
UNAUTHORIZED AL TERA TlON OR ADD1770N 1
TO THIS SURVEY IS A VIOLA TlON OF
SECTION 7209 OF THE NEW YORK STA TE
EDUCA TlON LA W.
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
GUARANTEES INDICA TED HEREON SHALL RUN
ONL Y TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND
LENDING INS71TU770N LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI-
TUTION, GUARANTEES ARE NOT TRANSFERABLE.
SURVEY OF: LOTS 30 t!t 31 INCLUSIVE
MAP OF NASSAU FARMS KENNETH H. BECKMAN. L. S-,-
FILED MARCH 28, 1935 FILE No. 1179
SITUA TED IN: PECONIC Surveying and Land Planning
1814 Middle Country Road
TOWN OF: SOUTHOLD Suite D
Ridge, N.Y. 11961
SUFFOLK COUNTY. NEW YORK (631) 345-9427
FAX (631) 345-9429
DA TE: 8/7/01 JOB NO. 801-5966 SCALE: 1" = 30'
DIST. SEC. BLK. LOT
S.C.T.M. NO. 1000 098 01 016
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THE EXISTENCE OF RIGHTS OF WA Y
AND/OR EASEMENTS OF RECORD IF
ANY. NOT SHOWN' ARE NOT
GUARANTEED.
UNAUTHORIZED ALTERAnON OR ADDtnON
TO THIS SURVEY IS A \10LA nON OF
SEcnON 7209 OF THE NEW YORK STA TE
EDUCA nON LA w.
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
GUARANTEES INDICA TED HEREON SHALL RUN
ONL Y TO THE pmSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
nTLE COMPANY. GOVERNMENTAL AGENCY AND
LENDING INsnTUnON LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INsn-
TUnON, GUARANTEES ARE NOT TRANSFERABLE.
SURVEY OF: LOT No. 29
MAP OF NASSAU FARMS
FILED MARCH 28, 1935 FILE No. 1179 KENNETH H. BECKMAN. 1.8.
SITVA TED IN' PECONIC I Surveying .and Land Planning
. 1814 MIddle Country Road
TOWN OF: SOUTHOLD Ridge. N.y~Uf~~6~
SUFFOLK COUNTY NEW YORK (631) 345-9427
, FAX (631)i 345-9429
DATE: 8/7/01 JOB NO. 801-5966 SCALE: I" = 30'
DIST. SEC. BLK. LOT
S.C.T.M. NO. 1000 098 01 017
CD ..
~ FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N~Y.
NOTICE OF DISAPPROVAL
DATE; July 17. 2001
TO William Goggins NC Le~miak ..
PO Box 65
Mattituck NY 11952
Please take notice that your application dated May 18. 2001 ~
For . , : at .
merger deternunatlOn
Location of property 1900 Pine Tree Road Cutchogue
.
County Tax Map N?. 1 000 - Section ~ . B10ckl Lot--11
Subdivision Filed Map # Lot #
Is returned herewith and disapproved on the following grounds Subiect lot has merged pursuant to
Article II Section 100-25A which states~
A nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been
held in common ownership with the first lot at any time after July L 1983. An adiacent lot is one
which abuts with the parcel for a common course offiftv (50) feet or more in distance. Nonconforming
lots shall merge until the tota110t size conforms to the current bulk schedule requirements.
Subject lot has merged with adjacent !ot,SC1M# lOOO~_~_~~
, Authori ed Si ature
.
.
.