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HomeMy WebLinkAbout1000-98.-1-15, 16, 17 ',," . w- i- ~< / I)\)'C I . ~ \ Sn::RUNG ROAD _ C , ~ I/<)I (l ~'.JE.N\l~ .J I ,. ." _w-- I"' PIPE EP \282 E I I KEY MAP _ _ J{"E/W ~8 .56' . I SCALE, \' ~ 600' -- - --- 14 FNC. -- ~ -... I 0 -U:-4S " ()) FNC O.5W . , . ~ 0.18 ' 0) \j '\ " I C"i I ~ " " : I 'j 'I, 0 W El. 13.2 ~ ~ "'-. ~ Z 5/\3/02 Q) Qj ,,>- <( . I" ~ BROWN g ~ MASONRY I '- 6 -J lOAMY 0 ", 14- -t' LANDING " " L N ..... ':l.- "" !. . I " r- I SAND (8M) ~ ::; CONe. ~ " ~ lU ~ " 'AnD - '09 ' ,., WI . 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. \ \ .-:- "",'1'1 -{.." , ,.. ,,; 'f)~' . Y \ \~ ,. ,,-,;<[1,. -z. _---- \ .\'v.)J, - (DWElliNG) \ (DWELLING) c0,G'~;';;'jf.J, g) ..-C:;rm;;iQ-..... A' ( ::. IIf /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 -, , " ~"':1.:- .'. ,..' '. ... 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 .. I " g~s~!~~~~/~~~~u.~~~~e Provided) ~~.~~~~/~~~:U~:?~~~~e Provided) .~ ~ i ru ~ ri:: cufJrolli ily ,I d~i5 ~ r"I r"I .::t' Postage $ .::t' Cl Cl ru Certified Fee ru Certified Fee U '" I ' Poe\tp,\'lrk ru Return Receipt Fee ru Return Receipt Fee Here , t:J (Endorsement Required) Cl (Endorsement Required) " Cl CJ Cl Restricted Deiivery Fee CJ Restricted Delivery Fee (Endorsement Required) (Endorsement Required) Cl Cl JJ ?-I, r"I Total Postage & Fees $ r"I Total Postage & Fees $ ~I ~ ~ ~ Cl Cl SenITo Frank and Tina Cento ru ru sireet;'Ap't:''No,;n'ns4''-wy-a:H:'.'R'oaa'"'.''.n'''n'm'''''''""'" "', ", Cl Cl or PO Box No, , Cl Cl '.'.--nnn'm"nn'.Ga,:b.den"C::kt*,."New,.,y.Q I'k".l,153.Q""" l"'- l"'- CitY, State, ZIP+4 PS Form 3800, January 2001 See Reve,;>e f~r.lnstru,ctl?n't PS Form 3800, January 2001 , See Relterse for Ihstrliclfbg " \ ) c I " I Ii I I Ii I I ~ I ~ I ''''~ ,I "'~,I" 1, U' J"l~ ' U.S.- 'Postaf Service' t " CERTIIFIED MAIL RECEI'PT IT' ru (Domestic Mail Only; No Insurance Coverage Provided) ~ m ~ ~ ~~ ", m CU'FGFlodUE:. r-"I r"I ~ .::t' Cl Cl ru ru Certified Fee f1J Ret ' ru Return Receipt Fee Postmark Cl (Endorse urn RteRcelPI. Fee Cl (Endorsement Required) Here Cl ~~~ CJ Cl Restricted D I' CJ Restricted Deiivery Fee (Endorseme teRlvery, Fee (Endorsement Required) n eqUlred) Cl Cl r"I r"I Total Postage & Fees ~ ~ Cl t:J ~Th ru nn,".__h~~!:,~i~ T,: & Christine D. Kosmynka ru Cl Street, Apt. No,; 1985 'Plne--'Tr.e'e--Ro'and'hm,hn--h,,"".n'" Cl orffi~~ Cl Cl .--,.----..--.n:m--ClLtchogue N"'T.T y k 119 ")5 r'- r'- CitY, State, ZIP+4 .".. "",,,",'n ,0;1;", 'n' n '.oJ-' --n"'~:nn . . ' PS Form 3800, January 2001 . It It See Reverse for Instructions ... .. ~ - . ' " . U.S. Postal Service CERTIFIED MAIL RECEiPt ' ....0 (Domestic Mail Only; No Insurance Cover~ge ProVided' ~ ' ~ _, ~ ',' -Ne. ~ ' .., ~ "" ~ m+""} ".., ITI cuTdnb:. r"I r-"I ~ ~ Cl Postage $ CJ ru " ru CertIfIed Fee ru ru Return Receipt Fee Cl Return Receipt Fee t:J (Endorsement Required) (Endorsement Required) CJ Cl , Cl Restricfed Delivery Fee Cl (:estncted Deiivery Fee (Endorsement Required) ndorsement ReqUired) Cl Cl r"I r"I Total Postage & Fees $ Total Postage & Fees $ ~ ~ CJ SentTh Cl Sent To Thomas & J ' Arthur and E th ru ----'---'-----nhm__,____.m__.. ane E. Cottrell ru sr------------------.. s er Matelli Cl Street, Apt. No,; 3775 Sk"unn'k----.L----'h..----.p"'--..,-.-.."n"--m--",,__ Cl 0 reet, Apt, No,; 17Z.:.:0-g--32--:r--r.--.--.----__.__.____ or PO Box No, ane, .0. Box 1292 Cl rPOBoxNo nu ~venue ------..____h. Cl __h__mn.n__. Gu....eh '" .c--.---'.----,:,,-----Elu.sh . .., r'- City, State, Z/P+4---. 't' - -egue,....t'tew--:y-er-k-..-l,19-3-5...,h.... r'- ItY, State, ZIP+4 -l.ng.,...New.--Yo.:r:k...L135S____..__ ' . ---~~ . .:.. .. . :.. I' ~ a . - - & . . - - . - - - . . - - ~---~. ~~ - - - u.s.stal Service I CE FlED MAIL RECEIPT . (Domestic Mail Only; No Insurance Coverage Provided) r-"I U1 c:J Er 1:0 l"'"' rn rn r-"I r-"I .::r Postage .::r Postage $ c:J c:J N Certified Fee N Certified Fee N Return Receipt Fee N Return Receipt Fee c:J (Endorsement Required) c:J (Endorsement Required) c:J Restricted Delivery Fee c:J Restricted Delivery Fee c:J (Endorsement Required) c:J (Endorsement Required) c:J $ c:J $ r-"I Total Postage & Fees r-"I Total Postage & Fees U1 U1 c:J Sent To and Ann Burger c:J SentTt. d & ~ Eugene ln sey Shelley Scoggin N -Stre';/;:4:,,-CiVo.;m-Z2TY-PinehTree--R6iia-;- L . N -Streei;:4jjCNo.;--2220--PTiie--Yr:ee--Roaa------------h-_______ _h___ c:J or PO Box No. mF_.-O_.-Box-__9_14n____m___n__h_______m____________m_ CJ or PO Box No. c:J CJ ---.-hhhhh------CU-tGh-ogu.e-,---N-e-wnYO.:r-k---l-l9-J5-------------- l"'"' -City:S{,;{e:ZIP+4- l"'"' Clly, State, ZIP+4 Cutchogue, New York 11935 . . UI " ~ - . - - . . . PS Fmm 380 ,lianuary 2001 ",:,,-,'"'",,~~ I. II " "" >" 1 ,.. 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, ; . "'.,",'-.- ...-..-----,.----.-."'... ...- --,"- -~---~-,--_._-- '4,,- -, 5802 1-26 -DB , ~~~--~.~~~~--~.-..".,~~~,-,.....,-~~---.,..,.--..,..~~ ~-----~---,._. -......".,.,...,'.." ~,.."..,',.","",'i"""'~~..';" ,_,. ,"'.'- 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 ... \ \ -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. p ., / ~"" 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, .,. " p , WCG/bh M'tl02002 enclosures Southoid Town ,!; ~ / J,ftF ~~ 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. / \ ., vY{/AfJr(~) 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, . ,-r? / .' ' _r' 'WILLIAM C. .]- WCG/dmp enclosures -~ =--'~"-~~'" -."''''''''''0' -- evsons I I 06-l1-9 11-11-9 + SEE SEC. NO. OBS r --1lllli!L_ ,., l~ 14.2Alcl '?i' - 0 ~ . -N- 21.1 ~ i 18.JAfcl I I ~ ! cT ! Jf. I SEE $EC.NO.1JJ "'- - .... ~I f l' I f V - --- I CD -- I FOR Pct.. NO. I SEE SEe. NO. "'''~ 091.09-012 '~ # f I -->- 01 , ~f ~I I f f ~ (c + Ii L l'r..".,.t,t#ll'lU.... -SIbdIvIalM10l1lO. '" ""'". ----- ScI'lodlllllrltllN --StH- ltf<<mdDlllrlUtN --H--- UNLESS D~A'N OTHtl'lltSt, "-1 I'RQPffiTIES NOTICE UJ COUNTY OF SUFFOLK K TOINor SOUTHOLD SECTION NO IE -'"~- @ ..., WlTHf.I '"' I'OLLOlflNO DISTRICTSI --3-- ~~w.:.. (21) -... fnlJl.lrtc-ll.... --F-_ RllllUll1oll'JofLln. --R-- """- ... '"'' ." /.WH1EHAHCE,A!.TERATllJt,SAlEOR Real Property Tax Service Agency ~ rl'--""~ ------- ...- " ,,,,,..[latrldLJ... -_,__. lId...ledlJr.jr1ctl""-~T__ ". ZI,29 HYIlIWH IlSTRlBUTlOHlFANY POlmrHOF THE VLlAGElf 098 "",",-"",","",--",, CQlI,lilt co,,, 4..4~ 'ATER County Center Rrverheod, N Y 11901 '" N 1.....'no... -- - ---lIlmOloIrlc:tLb --f.-- -....r.c.thtrlcll.""'--_.__ ..~ ~ ~l'lIS€ SU'fOlKCOlIUY T.lXJ.W>!SPROHIIllTEO M IOI~.- " ...- I1.1..{(!lor 12..U T_kho ---- _!lIo1rIo'l... roo..../lorD>o"k:ILk'lo .. -~, '.51E'l.TEA 'IlTIWT IRlTlEN PERt.fSSIDN OF THE '" . '" .. A IlSTRlCTI'll 1000 -- 17.'.''''' -~ -- --,......... REAL PROPERTY TA~ SERVJ:E AGENC'(. ~EtlHF.Tl P PROPERTY MAP ~~,1f,~~t'~;)Jl!!.~t~~-~~:~t'~~r:~X:;:~~l1~._tZ:I~.~~~~~~:~)~~.J;:!:J;.~::~:;t-;-J2g:~f,~~nmJu\iJ(~J~~~}1~~~.-!'i:f.lt:..':~",''1r~->~~>'> , CONYERSIOllD.Hr'.........1..1!IH -, -~-r" 'r"~-~ "-- ~--'",-,- -~.~--~..."'-...._.".- ..... , , ,- I ~ / 1 . ~ I / I / c.., I Q) " !/ (0 "J ;:; a I- I 0 f ~/ z: I- 0 a CI) --J ~ &1 w .- m/ I: "<t- I() " -- P \\\\\ \\' ',~ 11! I'!!" '/fl.', C) ~ ,~":'... 0'0 Nt"ll 'I:::~~ :'#" I ~ /;:,- .~~'\r~A"r~. ~)" .~~ ~ (I) .::;:' ;,"i.-' t""'\.'0 . J((~':.)J .-;,;.. ;z / !2 oJ /:;~y _;~'i." ~J;~;'. 1;. ~ CERTIFIED TO: ~ 1< fG'( '. ~~ ~ ~ LOT No. 32 ~ ~\~~a~ ~\.'< ./((~~.if 16,968 S.F. --::- <':;.. ..1,10. or\7l~';" q....."- ,~. :.:/. t.~I.'" ....... \" ~ ,",..... 'i.... I..:D c, ,) .,,'- I '/I/~ LAND ~ ..-;,' II!/[ ///1111 \ \ \ \ \ \\\" THE EXISTENCE OF RIGHTS OF WA Y / AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. I MON. I 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 .... ~o~Q ci ~y,y, ~1G.G -<\ <?\~~ ~~t, I %' I I I IJ ---- I C"J /1 IX) " co C"J 1& ,31.,3' !m cy I-') ci :z: I- 0 Ol --J cy ci WOOD FNC. :z: SLAT 0.15 I- 0 FNC. 3t -J FN C. I.() O.aN .... 1/41 (I) 0) :-r o Ii; ~ I.() 0 .. Q I.()Q C/) Pg 28.80.3 S.1='. "'> 3:. """t.. <:0 I ~ 0 ct: Lor No. ,30 CERTIFIED TO: I Lor No_ 31 POST FND. 0.4E MON. MON. 0.3S ROW OF WOOD POSTS O.2N .-- f-;t: OL E!W-O- f-;t: N23.S0 OW 120.00 THE EXISTENCE OF RIGHTS OF WA Y Vlll) Vlll) o. o. AND/OR EASEMENTS OF RECORD IF a-o a-o ANY. NOT SHOWN ARE NOT LOT No. 57 I LOT No. 56 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 .... "fREE RO~O p~E I - /W - 2' ~ ,< 0_lS / : " w ~ ~ ~ , /1 I '-' OJ <( ~ , POST '-' ~ ~3N .7 I ~ t5 d:Z: 0 :z: ~ ~ 5 -J d --1 ~ ~:z: LLl w ~ . ~ 0 0 o 4- t()-J C"I 0 - 3: (Ilt() o 0 I--' 0 o a: 2 . i::: LOT No. 29 Q ~ z 13,243 S.F. g C/) ~ 4- o 3: o a: POST ci W POST 0.4E it 1t , FND. 0.4E ,,\\\\\',:!lillIll';'I., 0.3S 00.00 MON. 0.3S .,,\." or r.r,~ - ow. 0- CERTlf'iEO ..TO~,\',: j,,' ~ Q, N2 50 00 W gJ ~ ROW OF WOOD POSTS f ,i;:;:::~;;,< ..,'C'..',:.,." a. a. 0 ~ .. :' ,'; LOJ No. 58 I LOT No, 57 \ ,,,,' 1;,;;, ,;:. . ,. I ' 'li!l},'''I','''''' .' 1"j\l'._' 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 . . .