Loading...
HomeMy WebLinkAbout5264 � LSo � ,o� � `o FORM NO. 3 ` NOTICE OF DISAPPROVAL 4 DATE: November 7, 2002 AMENDED: November 8,2002 TO: Michael Pisacano PO Box 1931 Southold,NY 11971 Please take notice that your application dated November 7, 2002 For permit for construction of a single family dwelling at Location of property 1457 Cox Neck Road,Mattituck County Tax Map No. 1000- Section 113 Block 7 Lot 19.11 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 73,616 square foot parcel in the Residential R-80 District, is not permitted pursuant to Article II, Section 100-24A, "Lot Recognition." "A.A lot created by deed or town approval shall be recognized by the town if any one(1) of the { following standards apply and if the lots have not merged:" (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AAEN as of the date of lot creation. (2) The lot(s)in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) inguestion is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. The above referenced lot does not meet any of the above requirements and is,therefore not a recognized lot. This f dis 1 was amended for further clarification. utho 'zed Signature Note to Applicant:Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. ' (�` / iLelt • i, '-100, ' eut_ea . _� .�; ���,,,..__._ M, . .0 \0SUFFO�,�Co y)• Town Hall,53095 Main Road kO Ps Fax(631)765-9502 P.O.Box 1179 :`4 4sk 161 Telephone(631)765-1802 Southold,New York 11971-0959 � jig i.i,so BUILDING DEPARTMENT TOWN OF SOUTHOLD NO\l tl 2 2 MEMORANDUM c :30 iO rvv TO: The Southold Town Zoning Board of Appeals FROM: Damon Rallis,Permit Examiner,Building Department DATE: November 8,2002 REQUIREMENTS FOR NOTICE OF DISAPPROVAL Project:Michael Pisacano Location: 1457 Cox Neck Road,Mattituck SCTM# 100—Section 113 -Block 7—Lot 19.11 Questions have arisen regarding The Southold Town Building Department's Notice of Disapproval regarding the above referenced parcel.In order to clarify,please accept the following: The building department has disapproved Mr.Pisacano's requested to build a single family dwelling at the above referenced location based on Article II, Section 100- 24A,which states that, "A lot created by deed or town approval shall be recognized by the town if any one(1)of the following standards apply: The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule as of the date of lot creation. There is no recorded deed for this property on record with the Suffolk County Clerk's office. The lot(s)in question is/are approved by the Southold Town Planning Board. The Southold Town Planning Board has previously stated that the lot is not a recognized lot. The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983 The property is not shown on an approved subdivision map. The lot(s) in question is/are approved and/or recognized by formal action of the • Board of Appeals prior to June 30, 1983. There is no record of a Southold Town Zoning Board of Appeals decision regarding this property. The Southold Town Building Department does not require any further information to make its determination. Damo74is ,�` f � , 6`� �3� j��i ��' 1 ! /c, 2 - - �; • �I(til � A 1 ^ ( APPLICATION FOR WAIVER UNDER SECTION 100-2 6 - � ` This review is for lots which have separate deeds recorded prior to 1983 and- undersized . A merger determination has been issued by the Town -Building Inspector ( copy attached) . The zoning of my parcel is presently: R-80 The size/ requirement for this zone is : 80, 000 square feet per parcel'. County Tax Map Parcel Nos : 1000 if/l - 0'7 - /9.11 I (u) , AitchfiL Af1 9 t , as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: c.-.4d 1 . Copies of my recent tax bill for both ( all ) lots . O C) O v ILI 2 . Copies of deeds dated prior to June 30 , 1983 for all lots. w 1-- U -0 3 . Copies of current deeds of the parcels under review. o z = 4 . Copy of the current County Tax Map for my neighborhood . 0 H 5 . $ 150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver action is issued by the Town of Southold , that I reserve the right to file for a subdivision and, if necessary , area variances under the usual procedure . By making this application , I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver . 4"/V Applicant nd Owner ) • (Applicant and Owner ) / Sworn to before me this /0-H- day of >70U _, 1�at)0,�_ CAMILLE LUCARINI _ Notary Public,State of New York t Not ry Pub 1 '` No.4910722 Qualified in Suffolk County Commission Expires it 1 to o S- A Waiver is hereby approved denied (delete appropriate action ) based upon the above documentation . Issued by Reasons for application ( to continue on next page). zbata.w1295 - "I, I , I . w.,i,I,I.I[.II IIr{IIpr .II V f I 1 II I I Ii II ,. I I II ,iI I '1( ' !! 1 ;i ; !j i t I III .I ,I , ; I ,I '' I • • ;I :i 'I T. APPLICANT'S REASON#1: Property was originally owned by Arnold Sacks who acquired premises in the 1940's. He sold the subject property to William&Anne Chudiak on August 2, 1956, which at that time consisted of 32.915 acres. In 1958 & 1960, Chudiak sold off four(4)parcels to Sanford, Becker &two (2)parcels to Neudeck and again in 1965 and 1966 sold parcels to Skudlarek and Baldwin. In 1959 Chudiak obtained a 50' strip, which was combined with his remaining parcel in 1981 and in 1981 thru 1983 Agricultural Exemptions were granted for farm purposes. In 1984 lot line changes were approved for conveyances of a portion of the retained parcel to Milowski, Wanat and Wells with the provisions that those parcels when conveyed to Wanat and Wells would merge with their existing lots and would not be separate buildable lots. APPLICANT'S REASON#2: The remaining parcel remained in tact and no restriction was placed on the remaining parcel consisting of almost two (2) acres. When the property was conveyed by Chudiak to his Trust, the R.O.W. was excluded. However, the error was corrected by deed to the present owner so that the property now consisted of 1.7 acres. A building permit was issued to Kevin and Lesley Milowski in 1985 for the piece conveyed to them as a result of a set off. If that lot is a recognized lot,then by necessity the 1.7 acre lot which existed prior to 1940, the subject of several lot line changes must by definition be a recognized lot. This Board under appeal#3243 passed in this very issue when it granted approval for access to the Milowski lot. LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department merger application): 71 , 044 s.f. 125 ft. by 300 4._ ft.plus 51 x400 & 41 .39x312 Date of first deed which created this lot: 1940 ' s 8/27/02 Date of current deed to present owner: Owners' names of lot at current time: Michael Pisacano - Date and name of subdivision (if any): N/A Size of remaining lot in the merger: N/A s.f. Were there any building permits issued in the past for this lot: Yes No X If yes, please provide copy of former permit and map approved. S sere there any County Health Department approvals in the past for either lot? Yes No X . If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes No . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property? in any way)? Yes X Noh� . If Lot' line eOpIfattached or expert changesperproperty c;dl cl Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. X Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? None Please note other approvals or other information about common ownership of these lots: Building permit issued to adjacent lots I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: Owner's Signature ZBA5/27/99 1 n.OUl l.y , 1,1 11 1 ,.11 i, ,I .... .1.I,SII 44111f.i 111 11111 1 f-I I II Il I ill l n, ii' I II II ill11 i I it III 1 I � ;i 1 jlI I it II 1 I ,II 1 j�� ill i � i Iii , i l lilt i Il ;l 1i' I i it jl QUESTIONNAIRE FOR FILING WITH YOUR Z.S.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities ) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) None B. Is the siihject premises listed an the real estate market for sale or being shown to prospective buyers? { } Yes (X } L`To. (1f vas, 111 -. F. ar -= .h =TT of "condit -'r nrc" of sale. ) C. Are theme jay w u uosal' tm range a l Lor 1-nr contours? ( ) YesNa • D. I. Are there Any areas which cont=in wetland grasses? No 2. Are the wetland areas shown on the map semitt_d with this application? N/A 3 . Is the property bu ,k:neaded between the wetlands area and the upland building area? N/A 4. If your property conta4nc wetlands or sand areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A • E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet . hove me=n sea level? No (If not applicable, state "N.A. " ) F. Are there any patios, concrete harriers , bulkheads or frir�s which e-,--fst _and are not shown on the survey map that you P"1" submitting? ' 'No If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? No If _yes, please submit a corp_ of your building permit and map as approved by the Building Department_ If none, Please state_ H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. - I. Please list present use or operations conducted at this aarcel Vacant Land and Proposed use Single fami y resi.ence tA# AIL/ A c.aorz_e^. S;g 1acu 3 arm Dace 3/87, 10/9oI .= .," � +,r .I?I.r.4dl4 illi a 1411 1 L 1 i LSI it I 'I Il il, i I i !� is I ' j Ia I � li APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME: Pisacano, Michael (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity, such as a company . If so , indicate the other person ' s or company ' s nape . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map X Other ( If "Other, " name the activity . ) Lot Recognition Do you personally (or through your company, spouse, sibling , parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares_ YES NO X If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is ( check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation ) ; C) an officer, director , partner , or employee of the applicant ; or D) the actual applicant . DESCRIPTION OF RELATIONSTHIP Submitted this /o7-day of /v/ 4.1-a02-- Signature �� Print name Michael Pisacano Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 1568 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1568 Total Paid: $150.00 Name: Pisacano, Michael Po Box 1931 Southold, NY 11971 Clerk ID: . LYNDAB Internal ID:64089 GES/ I, SURVEY OF PROPERTY SITUATED AT I N/O/F N/O/F N MATTITUCK g PHILLIP NEUDECK LUCY NEUDECK 4 & LUCY NEUDECK & MICHAEL NEUDECK o TOWN OF SOUTHOLD DWELLING DWELLING 's A SUFFOLK COUNTY, NEW YORK R o S.C. TAX No. 1000-113-07-19.11 r 1`�5P0° rn SCALE 1"=50' N 89.00'20" E 125.00' " SEPTEMBER 23, 1999 FENCE FOUND GONG NS � ' rt"cE oss JANUARY 18, 2001 UPDATED SURROUNDING LOT OWNERS NAMES Bae OL E./. uaI G31. �" oxo DMTE _DE Iva FEBRUARY 27, 2002 ADDED PROPOSED HOUSE z •tab .p,; OD5SiD0 E'''' APRIL 30, 2002 REVISED AS PER CORRECTION DEED & ADD PROP WATER UNE 0 In too M) J6[ o CI AREA= 72,9 1.67745ac44. sq It o . s aet. PP W I� YW��EvT.MN..��iRNIE O n y 'JTOR1ccUTers 1 r1 xAo 0 a O n ........'� WOODED m 0 C3 Z . 8 C O ' 6 YIELL ' cJ° TEST HOLE DATA g E IrEsr Noir ouc er yKryul9 cmuxnrs o"JANUARY 14 2002) VO- POI'GXG 171.E 4P }5 e �ALL N'.1 3. BROW'. Eaurr salvo w `11 y.. 't T p 330 vfdiri o.w 4[Al .:ti'.,fA .;141i• ,`�'• '11 1 I N 5ti 6s' I 4=+' A N I CONE 8 "0 �J V 0 OSC I1-I .. N 3• IRO MON OIC BLOCK PALETRiOwI.me 10 1117010u sura m wRE FENCE O J N A.I VY' ..e W _ .0! 1t O.[ M7 a A 1 ` T , ' I l �y� ca. i m'' A n :. 1 I'LY ''s. o i it ��g CO' N, 1I. L_,e_ gx i F 20 p. STOCKADE TEM .11 C l • ..e 7__, . STOCKADE FEW! sNED 2 D NOTES S 89'00.20” \ 125'00' 1.S 1 ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM '1,7; �N=Rope ELEVATIONS ARE SHOWN THUS 50.17 2 MINIMUM SEPTIC TANK CAPACITIES FOR A I TO 4 BEDROOM HOUSE NO - IS 1,000 GALLONS A, E .- �� 1 TANK,8'LONG,4•-3'WIDE,6•-r DEEP • 4 Y^ 3 MINIMUM LEACHING SYSTEM FOR A 1 10 4 BEDROOM HOUSE IS 300 sq11 SIDEWALL AREA 1 POOL; 12'DEEP,B•dia. CI •, O G N/O/F PROPOSED Lk PANSIOn POOL R. THEODORE R WELLS, Jr % PROPOSED LEACHING POOL Q En & RITA WELLS Qsg [.�: DWELLING ® PROPOSED SEPTIC TANK YE ., , -9 •e f 4 THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD M OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS 2 c0io0,7 09 99 41 g L a MONO CABG MON.03 :1• 9 *: f -. • N/O/F f JOSEPH P. WANAT WELL u & ELEANOR WANAT w 1 -. DWELLING J r, { OVID 258.16' CONC. 1tft LN • tJ /,Kf Y7 'TO PREPARED IN ACCO•n ../RIOT THE MINIMUM 0. 49TH°Ov.1- ' • .' O • xafr. 2015 ADOPTED 01 - E ,N �' ' -___„--- ,40., _ rn $> ��.A.IN2 e 0,.. •, H l p 33'AO' W , ,,i13 M :9 OAF i. w ' T OF WAY 16' � ' )4} F�l�. o GN 3Y2 1 til r1" �'•! •. 50, BIDE N�' , SIly49 O A ,;L .,' N Y 5 Lre NO 49668 U NiD/1' TT 0 THIS SURVEY Tb A AOR LTERATION ODOITK,N ,._:- SECTION 09 OF 1HE NEW YORK ATE LAW m JAMES RDID SSETT COPIES EDUCAorF z THIS SURVEY MN NOT BEARING Jose ri h A. Ingegno j435' g0" w g IR GIE055E0DALSURVEYOR sMiLs IN"nvrE°eESEAL rnm va0 La d Surveyor TO BE A VAUD TRUE COPY S CERTIFICATIONS UNSIGNED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM INE SURVEY IS PREPARED,AND ON HO EXHALE TO THE TRU COMPANY.GOVERNMENTAL AGENCY LENDING DIDISTRUR LISTED ISTEDD HEREON.ANo'D etre Surveys-$M6Qry sk,nx - Silo Plan, - E.an,In,cf,on Layout CERTIFIED TO. TO THE ASSIGNEES or THE LENDING 0)55- FIRST AMERICAN TITLE INSURANCE COMPANY OF' NEW YORK NDON eERnnGROs MITE Nor 7RANsuAeLE, PHONE(631)727-2090 Fax (631)727-1727 MICHAEL PISACANO THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT AND/OR EASEMENTS OF RECORD,IF WILING ADDRESS ANY,NOT SHOWN ARE NOT GUARANTEED 1380 ROANOKE AVENUE P 0 Box 1931 RIVERHEAD,Ne.York 11801 Riverhead,New York 11901-0965 22-0341t REC EIV Page 26 ED February 20, 2003 APR Southold Town Board of Appeals Regular Meeting Public Hearing ® 4 2003 zoNIN 1:00 p.m. App.No. 5264—MICHAEL PISACANO. The applicant has filed a request for aAppEALs Lot Waiver under Section 100-24A based on the November 7, 2002 (amended 11-8-02) Building Department's Notice of Disapproval for construction of a single family dwelling. The basis of the Notice of Disapproval is that th13,616 sq. ft. parcel is not permitted in the R-80 District because it is not a recognized lot by any of the four code standards,under: 1) The identical lot shall be created by deed recorded in the Suffolk County Clerk's office on or before 6-30-83, and the lot conformed to the minimum lot requirements set forth in Bulk Schedule; 2) Lot was approved by the Southold Town Planning Board, or 3) Lot is shown on a subdivision map approved by the Southold Town Board prior to 6-30-83, or 4) Lot is approved/recognized by formal action of the Board of Appeals prior to 6-30-83. Location of Property: 1457 Cox Neck Rd., Mattituck; Parcel 113-07-19.11. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? MICHAEL PISACANO: I'm just going to read this. My name is Michael Pisacano. I reside on Nakomis Road in Southold. I'm requesting a variance for a building permit be issued for property located on Cox Neck Lane in Mattituck 113-7-19.11 which I purchased on August 27, 2002 from William Chudiak. The property consists of 1.7 acres which is larger than 4 of the 7 surrounding parcels attached to the property. I have in my possession a deed, a variance search, a survey, a tax map also prior to purchasing the property I had a water test done which proved water a test hole dug which proves the property has sufficient drainage. When I applied for the Health Dept. approvals they had indicated to me that I would need to submit C&R's for a well and also a hookup to public water when it became available which I have complied with. The property was sold to me by a realtor who is well respected in the area and indicated that it was a buildable lot. Due to extended research and compliance with various issues with health department and SCWA my time to obtain health depailaient permits could not be extended. I was faced with a decision to close on the property immediately or chance losing it. Since it appeared clear at the time and my single and separate search did not indicate the property was merged with any surrounding parcels I decided to close title. However, shortly after closing I received word the department of health would not grant my approvals due to the property being the subject of a town planning board decision which indicated that the property had been merged with adjacent properties and was not to be built upon due to lot line modifications. I feel this decision was not sufficiently researched and prematurely enforced seeing two of the lot line changes never took place. In an effort to rectify the situation I approach the building and planning departments as well as the town attorney where I felt they indicated some optimism. However this is where I began to be bounced back and forth from dept. to dept. for about 8 weeks without any straight or clear answers. I've put my life savings into the property and it has cost me well over$10K in interest without being able to get a straight answer. I have many unpaid bills and I am 4 months behind in my rent. My family members have helped me financially and I have made promises to them and others hoping that the decisions of the health dept. and the ZBA would be in my favor and I might be able to pay them back. If I cannot rectify the situation to my benefit I must start to consider the possibility of filing for chapter 7. I really don't want it to come to that. I'm awaiting decision in writing from the health dept. and I am told that it will be arriving shortly in the mail and I did get a heads up from them that it looks Page 26 of 63 Page 27 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing like it's going to go through. I would greatly appreciate a decision from the board today if at all possible. I really can't afford for this to go on any longer. Thank you. MEMBER GOEHRINGER: I need.to make a public statement. It was brought to my attention that it appears that Mr. Pisacano I dant know if you know me, I'm Gerry Goehringer I'd spoken to you on the phone that the firm that you bought the lot from my license is held by them. I have to tell you that I have no interest in this one way or another. I just don't know at this time if I should continue on this hearing or not I have not discussed it with council. What I may do at this point is get up from the dais go sit in the audience and I'll be part but I will discuss this with council. CHAIRWOMAN: I'm not, let's start off at the beginning and try to make sense of this because it is confusing. I read through the file and I have to admit I haven't got a clue as to what's going on. Let's try to follow me. You filled out an application for a waiver of merger, correct? MR. PISACANO: Right. CHAIRWOMAN: And then in your opening statement you said this is for a variance. MR. PISACANO: No there was a variance search which was done showing that the lot was single and separate according to the title search I had done. Basically the Planning Dept. had created this lot. They are saying it's an R80 zone well this lot is larger than like I said, it's the 4th largest lot in the area out of 7 lots so it's not like it to me I would consider it a pre-existing lot because it was basically made by the Planning Dept. who pretty much created this. CHAIRWOMAN: When was the lot created? MR. PISACANO: By deed or? CHAIRWOMAN: By the Planning Board. MR. PISICANO: Well the Chudiak's own a large piece of property which they you know shaved off pieces of property throughout the years but for this to become under the R80 which I guess is the reason for this I mean the Planning Dept. created it. The Planning Dept. also decided these lots would not be built upon if they merged with the lots in front of them which they never did. CHAIRWOMAN: When was the lot created by the Planning Board? MR. PISACANO: I'm not sure when this all took place. I mean I have it I just have to look. CHAIRWOMAN: You are- this is a lot that was created by the Planning Board with conditions on the lot which were never fulfilled? MR. PISACANO: Right. Well there was 4 lots on Cox Neck Lane behind that was a large piece of property 2 of them took title to the pieces behind them 2 of them never did. So the Planning Page 27 of 63 Page 28 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing Board making their decision I thought was premature because they didn't think it out if these people never acquired the parcels behind them. CHAIRWOMAN: Let me try to verbalize it first. They created-there were 4 lots that were created by the Planning Board. MR. PISACANO: Two of them were never created. Can I just show you on here? CHAIRWOMAN: Certainly. We have the maps we just don't have any reference as to what they are. That's our problem. Let's start to identify these by the tax map numbers because throughout the file there's reference to Wannits and Milowskis and people that doesn't tell us what the tax numbers are and when you are reading through this you're saying well which lot is that? I have a tax map here. Do you have a copy of the tax map so we can both follow the same things here? You are the owner of lot 19.11, correct? MR. PISACANO: Yes. CHAIRWOMAN: Now the Planning Board and I believe we are talking about what is labeled as in the file has been identified as a lot line change and the date on this is November 18th I don't have the rest of map there. Does anyone have reference it's the Rodrick VanTyle map. Do you have a date on that sir? Because it's not showing up it says Nov 18 but the rest of the date is not on here so we don't know when that occurred. MR. PISACANO: The splits for Mr. Wells and Wannit were done in March of 1985. CHAIRWOMAN: If this is the Planning Board map that was the subject of a lot line change, it's very difficult to read but the most important thing is the date which is not on the map. We really need that date on the Van Tyle map that the so called Planning Board- MR. PISACANO: I see the map you have but I don't have the date. Would it be on the tax card? I mean the property the bulk of the property they've owned for 30 years or more. CHAIRWOMAN: There are a couple of dates on here November 19 we don't know what and then map amended it's very faded it could be December 3, 1985. So what I'm trying to find out is when did the Planning Board create these lots? MR. PISACANO: I don't have the answer to that in front of me. I'm probably going to go back to the 50's which this lot was part of. CHAIRWOMAN: I know but the it's difficult because the lots that we see on and it's very difficult to read this copy of don't the lot numbers on the map of this so called lot line change or approval of the Planning Board- MR. PISACANO: December 16, 1985. Page 28 of 63 Page 29 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Don't give numbers of the lots we have nothing to match them up with what we have now and apparently from what this map shows lot 16 was supposed to be part of lot 19 and lot 15 am I calling it so far? MR. PISACANO: Right, which nevent€ok place. CHAIRWOMAN: So that never took place. And after that time how did the lot get sold if the Planning Board had already made a determination that your lot would be merged with these other 2 lots? MR. PISACANO: That was done back in 1985 and it's been I don't know how many years since and the owners of the homes in front of it never did acquire it that's why I'm saying their decision seemed a little premature to make a decision like that when they weren't sure the properties were merged. CHAIRWOMAN: When did this lot 19.11,when was it first a described lot with meets and bounds that we see now. When was the first date of that? In other words I want to go to a deed that shows me meets and bounds of a described parcel 19.11 when would be the first date of that? MR. PISICANO: This one William Chudiak to William Chudiak 10-19-99 recorded liber page I guess that's I don't know when it went back to - I don't know what I'm trying to find out. CHAIRWOMAN: I don't know either, if you don't know, I don't know. MR. PISACANO: As far as I'm concerned it's a pre-existing lot. It's been there forever since they've owned it, Planning Board carved pieces off it and that's how it was left. How they can determine it's in an R-80 zone after they shrunk it down to 1.7 acres I don't have the answer to that. That's why I'm saying I don't think they did the right thing by making this decision because now Chudiak did not sell the 2 parcels that this would have been at one time and got the money for it, therefore they shouldn't get stuck with an un-buildable lot. If it's in a R-80 zone, that's basically what we are trying to decide? CHAIRWOMAN: Let me try to follow it because it's very confusing. MR. PISACANO: It's not as confusing as it looks. CHAIRWOMAN: Let's go back to the Planning Board created these lots in 1985. Half of your lot was supposed to be- let's go to the tax map the northern half of your lot when they created this subdivision was to be merged with lot 15. MR. PISACANO: Correct. CHAIRWOMAN: The southern partof your lot was to be merged with lot 16. Right? Page 29 of 63 Page 30 - February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. PISACANO: Yes. CHAIRWOMAN: That never took place. That's a big blank. That never happened but that was the conditions of their approval and so-at that time, I don't know whether there were described parcels for lot 15 going back to your lot-and lot 16 going back to your lot or not. MR. PISACANO: They never took titles of them, they never purchased them for whatever reason. CHAIRWOMAN: Then you come along in 1998 or was it 1999? MR. PISACANO: That's just when the variance search went back. I bought it in October or September I believe I closed on it. CHAIRWOMAN: And that's the first time a deed describing a-that's the first time that this lot was described in a deed would be 1999? MR. PISACANO: No, I would say it went back to 1957 or that's my opinion it went back to when they originally owned the parcel. CHAIRWOMAN: Here's what we have to do because it's right now in order to make a decision we need some facts here and they are missing. We will contact the Planning Board and get more information from them. I don't think we have enough information from the Planning Board. We will ask them for their complete records as to when the lot was created,how it was created everything else like we have something in the file. It's not sufficient. MR. PISACANO: I did have 2 attorneys that were supposed to be here,but they are both away. CHAIRWOMAN: What I need from you or your attorney I need to see when that lot the lot that you have was first.a described lot in a deed. MR. PISACANO: Wouldn't this variance search show that? CHAIRWOMAN: No in fact with the variance search after I read the variance search it shows that everybody's lot was part of everybody else's lot - MR. PISACANO: They all have homes on them. CHAIRWOMAN: It does not give me a described parcel so it's very difficult to read and the easiest way to find out, I know you have a deed describing the meets and bounds prior to yourself, when was the first deed on that? When was the first deed recorded with the meets and bounds that are described on the lot that you have? Then we can take it from there. I don't want to send you around in circles anymore but we don't have any facts to start and the board members don't know what the lots are. We need a lot more facts. Page 30 of 63 Page 31 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. PISACANO: Is there any way this doesn't have to be extended for another 30 days? Is there a special meeting? CHAIRWOMAN: The problem is I went through this file twice and we've done a lot of waivers of merger but I don't even know where twhegin because I don't have a record. We don't have a clean record to be able to look at this and know what is in front of us. MR. PISACANO: That's what I've been doing for the last 8 months trying to get this together and that's what I thought I presented and that's pretty much everything that I could get on paper and that's what I handed in Planning Board decisions,planning board the way things were created it should all be in that paperwork. CHAIRWOMAN: I think your attorneys will be able to help you with this. They are far more experienced in this and they know what the board has to have to make a decision. Right now we don't even have, we have references to lots that don't exist on any of these maps- MR. PISACANO: You mean lots that already have houses on them that don't exist- CHAIRWOMAN: I don't even know which ones have homes on them, that's the problem. If this was a condition of the Planning Board's approval, was it a condition? If it was a condition, then why didn't it occur? I don't know why it didn't occur. MR. PISACANO: Well they can't force people to purchase property that they are not ready to purchase. It was a choice. That's why I thought the decision was premature. CHAIRWOMAN: You do have 2 attorneys? MR. PISACANO: They said if I could keep it open they will be back next week. But for a couple more months I can't. This is killing me. CHAIRWOMAN: I understand,but please understand us we have nothing here to even begin with. MR. PISACANO: If they are back shortly and if there's some kind of clarification, is there any way I can get this sooner? CHAIRWOMAN: We are booked right now all the way until April so the next hearing date would be April. But your attorneys are going to know what we need to see. We need a described lot, your lot. After the lot line change was made or prior to the lot line change being made so we can say yes this is the lot that was created either before the Planning Board approval, with the Planning Board approval,but one of the things we can't do is we can't undo Planning Board approval. If the Planning Board approves something, this board can't come back and undo it. MR. PISACANO: But they approved something that didn't happen,that's what I'm trying to say. Page 31 of 63 o Page 32 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Try to get the information, try to get the tax maps, even if you simply with the attorneys write a letter to us tax map number blah,blah, etc. MEMBER HORNING: No questions. MEMBER OLIVA: I'm in the same predicament and the chairlady is. I don't know because according to the Planning Board they say your lot was merged with the other 2 lots right on the road and yet I understand because I was down there that there are 2 houses on those lots. But your lot was supposed to have merged with those other 2 lots. MR. PISACANO: But they didn't. CHAIRWOMAN: The other thing that's really difficult is the Planning Board says your lot was never supposed to be built on. MR. PISACANO: If they merged. CHAIRWOMAN: The letter we got says they weren't supposed to be built on. MR. PISACANO: They presented this today? CHAIRWOMAN: We will request more information, the entire file. We will do that. Let's adjourn this to April 3rd at 7:10, is that going to give you sufficient time? MR. PISACANO: Next week would be sufficient. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? MALCOLM DOUBLEDAY: I'm Malcolm Doubleday, I'm here on behalf of Ted Wells who is in Florida right now. He would like to approach the board himself. He may get the chance in April. Did you receive a copy of a petition signed by- CHAIRWOMAN: Yes. MR. DOUBLEDAY: Ted is very emotional about this and I can't be because I'm not familiar enough but he is involved with the Chudiaks when all this happened and at one time he had considered on that piece of property for his daughter but he and a couple of other people have thought about it and after going through the wealth of paperwork on the subject realized it was impossible. I'm sorry Mr. Pisacano bought the property but it's -his problem is sort of self inflicted right now. Everybody else did enough research to walk away from it and realized that they couldn't build on it. As I said, Teddy would be up here for hours telling you the history of it but I just wanted to make sure I got his point across that it was un-buildable for anybody else so it should remain that way. All those divisions were for lot line changes originally. I guess Page 32 of 63 Page 33 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing somebody didn't but their piece for their lot line change, but I don't think that makes it a buildable lot in 2-acre zoning. That's really it. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? CHRIS HILLIKER: I'm Chris Hilliker, my property abuts this particular piece of property in question and just a couple of things. There is a long paper history on file with the Planning Board apparently and in there is a letter dated August 13, 2001 from Valerie Scopaz, the Town Planner and she highlights that she discussed the matter with the Planning Board and 2 of the members present were on the board during the 1985 time period. They emphasize that the intent of the lot line applications were to merge land, expand the size of existing lots not to create new building lots. The record indicates that the subject lot of this memo 19.11 I believe is what it is was intended to be merged with 2 adjoining lots and not to be retained for sale as a building lot at some future date so that's one thing that's on file. I don't have that particular map that showed the numbers that you were talking about but Mr. Chudiak's parcel was quite large and at several points in time he did divvy up several pieces of property. One of which was sold to the Milowskis which was larger than the 2-acre zoning which was required at that point in time. I think that was 1985. CHAIRWOMAN: Which parcel? MS. HILLIKER: If you have the map I'd be able to point it out to you. There were 2 parcels in question, one being Michaels lot and the other being the Milowski property that was sold. 19.8 is the number. That was the original parcel and it also abutted the property in question so at that point in time if the owner had changed his mind he could have done some changes at that time. Also at that time his attorney filed information regarding original covenants and this was also on the file and this was dated November 6th 1985. CHAIRWOMAN: This is for what lot? MS. HILLIKER: Once again I don't have that. It says proposed lot line changes,William Chudia the following is the language of a covenant which we intent to insert in any deed made by the Chudiak's to the owner of the adjacent parcel and we understand that any approval of by the planning board of the lot line changes will be subject to the requirement of the deeds which convey the Chudiak property contain this particular covenant and that's this particular parcel in question. Then lastly, my particular property got subdivided- I don't know the total acreage but it's now considered Tallwood Lane there were 4 parcels. CHAIRWOMAN: Your lot is what number? MS. HILLIKER: Don't know again. Hilliker. CHAIRWOMAN: You're north of this parcel? Page 33 of 63 Page 34 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. HILLIKER: Where am I-west. Once again this abuts the particular piece of property in question and if indeed knowing what the zoning and new building construction requirements were this could have been part of this particular subdivision. It was not done at that point and time. My husband along with the other 3 people were mandated into the new 2-acre zoning new construction log. That leaves me to show yoththat this is really a substandard remaining lot and with the paper trail that it has,really should-hot be able to be built upon. With the letter regarding today the Building Department Notice of Disapproval for construction of a single family dwelling the basis of this NOD is that 73616 sq. ft.parcel is not permitted. With that and one final note as far as the property terrain itself I think someone should walk it if this is being considered at all. CHAIRWOMAN: I've done a site inspection on the property. MS. HILLIKER: It's several feet below it provides a natural drainage basis for the surrounding existing unchanged topoghophy and I think that altering the elevation in any way would result in destructive deversion of runoff to not only the surrounding residential area but also it would end up in Cox Neck Road. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? CAROL BECKER SWITOCHIA: Hello, Carol Becker Switochia. One of the parcels that my father's house was on and they did the lot line change he's the one who didn't buy his piece because he died before- CHAIRWOMAN: Do you happen to know what lot and tax map number? I've got a little map here and I'm trying to find it. Let's put it this way, are you on Cox Neck Road? MS. SWITOCHIA: Yes. I'm next to Wells and Sidorock which is on the other side and he didn't buy his parcel either. CHAIRWOMAN: You're the southerly- MS. SWITOCHIA: Easterly. CHAIRWOMAN: Half of Mr. Pisacano's lot. MS. SWITOCHIA: So my neighbor said yes. That's what happened that's why it wasn't bought. Also Wannit and Wells did the lot line change it was the understanding that you could not build on that property. When my father died, I didn't buy it because you couldn't build on it. I understood it to be that it could only be offered to the people in the front so like nobody could really buy it except if I did and then if Sidorock's bought their piece. You know we were the only ones that were entitled to buy it. Is that what I understand to be so? Also there's a letter and I don't know if you have this but it was from the Planning Board and everything stating that the Page 34 of 63 Page 35 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing lot line changed and it was not a buildable lot. They weren't going to that was the idea of why the neighbors really bought there because they didn't want anybody building behind them. CHAIRWOMAN: Throughout the years what happened after the lots weren't bought what happened with the lot? MS. SWITOCHIA: Nothing it was just there it was just like an extension of our property. It's just like a piece that's behind our property nothing, it's vacant. I don't understand the law and whatever it was my understanding that nobody could buy it to build on it. So who would buy it if they couldn't build on it. (MALE IN AUDIENCE)You had to have property adjoining it if you wanted to buy it. CHAIRWOMAN: It's like a ball of yarn every time you open it, it continues to drop little pieces. I think we have a little bit more understanding. Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands I'm going to make a motion to adjourn this hearing until April 3rd at 7:10 pm and Mr. Pisacano we will try to get everything we can, all the information we can from the Planning Board. In the mean time I'm sure both of your attorneys could assist you in helping to identify all of these lots in terms of meets and bounds, numbers as opposed to names, what the tax lot so we can see immediately what you are talking about and a deed description for an exact deed description for when it was first created. I'll make the motion. ***** RECEIVED APR - 2003 DN`"�RD APPEALS Page 35 of 63 1 J ,Is,,O\OS�FFo� c-0,\` `. ELIZABETH A.NEVILLE e�� Oi• Town Hall, 53095 Main Road TOWN CLERK - P.O. Box 1179 REGISTRAR OF VITAL STATISTICS t� Southold, New York 11971 MARRIAGE OFFICER `4. ,ji � ���, Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �_�Ol $'iii Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER r��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK • TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 18, 2002 RE: Zoning Appeal No. 5264 Transmitted herewith is Zoning Appeals No. 5264—Michael Pisacano-Zoning Board of Appeals application for lot waiver. Also included is a lot waiver questionnaire,property record, ZBA questionnaire, applicant transactional disclosure form, letter form Caminiti & Gibbons, copy of deed, survey,notice of disapproval,variance search, and title search. , . , , , TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET /47/5•7 VILLAGE DIST.I SUB. LOT _ ii , , i. I 9 1 - t' ':7 A ,''' 6'x/'.0 wyc ( t;(:- /-- :- ..ie --.'--e -'1 Ai ,:// FORMER OWNER N I(\GE ACR --.ZS-a-- r - ,- - , , ,... , c-..2,.. . .,_ 0 ci-C.-- a.ii44.7., I. 2,hstylia.0 4-0r, 'i. s W TYPE OF BUILDING ' ( L4 -(1..) I..t I '' '•I <' - RES. 2, O S EkS. VL. 1FARM 1 , COMM. CB. MICS. Mkt-. Value 5 k ' , -1e.ff — LAND IMP. TOTAL DATE REMARKS (9p1,1L) * w-r, '''' v -, . - • „....- 1-5 3.29 f S D / 741/27,- 1 //(0'/5s Li b-,,, z i:;:o n 6 - - ( , I r!(./k.1/ 0 - 1:-.,iD&\ 41-P a'-i tn 4 l C -A,,,, 14. J,-- B.9,---1-,--.1-' ,5()-(-) AZ,,..,- 2 ..-,•,_ -5-WI:0 •I 1 73 7' $ .2 F•r--- -0-HA,-41-, k i....,, L.,_,__5_ ,--,_L_ , i! I V,5-0 u /5‘ 0,6 -/-2-T/C i :: 154L - 1- b-yoz-ri•-- G9 - Clefie)(-.- 4-rs c5Ct te't W i i-t ! 476'(- :-, NMI '573 6 C.2- 5 - 1;'?i - _ (;)\l',1,-,I• 1 4,,11, t,, 1 -.".t(1? cf-, •-(,- ,.), _, cc v.,L __1 ,, (1 o 0-L, 445---6—'1 /61 '' I,-5./.3, // ,9 , c",,t. '‘,-5-00 i• A.-_,• L..) (..)6 p 1 Q,5%.5.--_-1.1r. -,t- .C i-ii.to t 0,-, ' (cf.) ;) Mill t I(71:, , -1::',-....A4 1373 d/f 2 h i, 6,..--. R,ef,e.0 „, a _ 4. 2c,..•-:ci-' r( 16. 9+ 13°/. 3 d 4'• C Y )21e 41•5' I 7,,961- -: -, • 4..i -2--0 -G- 1 .).•-•(- ) / * 85 I/I -di,.. - ... '- ,-- l. 4a '— ,H;._:-. I.-7.4 + SOC 4i e,F., .„,,,‘,),J.., :-.--yer.:•., , S - -7 - ' - -- ..---, 1 • 1-5 .. 1 ,6-2.4-- - .2-40oc.) ..... . . • Tillable _, _17:::)!-- 2.4 1 ..1_,:-__111:500 .4_,2 „506.ac--1 FRONTAGE ON WATER ' _*_: ,t,,_ t-,,_-.,,-_., 1 120_ , Woodland FRONTAGE ON ROAD , E) bel -Fru-Cite- . Meadowland 1 DEPTH (D7/0/Qq-- .2419 :36,/a-C,i1t,(41k 4 Wtr-,,IV C-il Udi ak altAs 1 House Plot 1 BULKHEAD QeicCAVAQ--S Y,Q.W) } Total 1 • . _ - -- � 1. ( LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 20, 2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible). 1:00 p.m. App. No. 5264 — MICHAEL PISACANO. The applicant has filed a request for a Lot Waiver under Section 100-24A based on the November 7, 2002 (amended 11-8- 02) Building Department's Notice of Disapproval for construction of a single family dwelling. The basis of the Notice of Disapproval is that this 78,616 sq. ft. parcel is not permitted in the R-80 District because it is not a recognized lot by any of the four code standards, under: 1) The identical lot shall be created by deed recorded in the Suffolk County Clerk's office on or before 6-30-83, and the lot conformed to the minimum lot requirements set forth in Bulk Schedule; 2) Lot was approved by the Southold Town Planning Board, or 3) Lot is shown on a subdivision map approved by the Southold Town Board prior to 6-30-83, or 4) Lot is approved/recognized by forcal action of the Board of Appeals prior to 6-30-83. Location of Property: 1457 Cox Neck Rd., Mattituck; Parcel 1000-113-07-19.11. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 (tel. 6 1-765-1809). , in -r Office of BOARD OF APPEALS I�/��An'" 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 fax (alt. fax 765-1823) O/D J. , 2002-, To: Applicant � e F Re: Appeal No. how ! J 3 G ( ) Your application has been advertised for a public hearing. In the interim, please furnish the following document which was listed on the instruction sheet but inadvertently not included when the application was submitted to our department for processing: or ( ) The application is not signed and notarized and is enclosed for re-submission. or ( ) Your application is not complete for the reasons noted below. Or The following documentation was missing in your submission oft is application. Information Requested (from Instruction Sheet) : ( ) Notice of Disapproval issued by the Building Inspector afte review for this particular project map. ( ) Filing fee check in the amount of$ is due. ( ) An original map, or duplicate of the map to the map preparer's full scale, is necessary. ( ) Setbacks to the property lines are necessary at the closest p ints from the subject building area. Please show on a map or similar diagram. ( ) Copies of current deed and/or tax bill of the subject parcel. • ( ) Other: Additional Information Requested: , eo 6-6,21 • __ �p B- C c /o D 1 1 . .\ .1 ki i'''' • tiu7... ;, .Y--- ` . ." . -..-,,,:,,,,,,,;,„.„:„,,,_,0,...7.,,,,,,,,,,,„,„„.:,5„4...,„,..J.E:,,4:,. ,,_.,,fir.,. t^[• ti.t _a=t AY'•. F ,,-ie-;" °_ tr•- . 4Chapter 0 oonin,Code. f.` '-ia.8 e'. ',,,ar1to,�' ,,,M9::.` is ing; ;Tile T wiiVo �y,o �r e;,,- w, i007a ,40at,PRIY` ittpow:�ca^` 4.sa 1121 ie:: o e,,- 9': ly a e f p6All .z COUNTY OF SUFFOLK hea d at u ,c> jai in tie;. =To ,maw ," Property 3801 STATE OF NEW YORK ss: ' T' , "'da t' .r -, iienty a e 000= V:' E ` ' _ �1 beingdulysworn, say '�E_= �'.-at �� n -2-�' ,� �_ ;����� <,t°�:•-Lise Marinace, S' k- p e '.;Vf°,�- (^' ,b+��.i7 M,e-kfi""Si,v. �r1k C ai^ 5 Q t _i •i ,qac,:° : ;0 3 f' . m k, o 2775,• the Legal Advertisin , . ' o ,mthat she is g ',.,,,,,,_,L,-,S-Ailoli � .iQ '�'�•- ,otr -,'N., Y ��f ��� lx�Al�;;. sab° r y t e' t; .;� >ti vi III. .'..L)<EE; � Coordinator, of the Traveler Watchmai vias _TENAN�'1Sf` issis a r ire`t'�for;` h n there n:r �l ble)-',, r ',r a ublic newspaper printed at Southolc » =r:saali p a�©� z>',,the4e e : }'> 5 bl :• - 'a, ecI'k J`E ce „N:-F11110;az Ac s . a.in . -.,., that the notice c •-z-- 0•, x ;.;• ,r -:..;r440. ,, et11 i4der;in Suffolk County; and i T;i;Sii. ^'NJ,; >2�.:"-.Sectio a .,4 e "q `1 I u r c •ng` - -f `-M which the annexed is a printed copy, $®'a°sr S 'f.a Itiiact. est;' ,clo. tx b t Ft<or Vr_arid140.0 nde; cion.- ,o erg ypl�c , es "enee . ,.4•been published in said Travel( +�r'�� 4 A b �' t�•i:•'9k" h.,f-?n:t^,va:�A.e !�Y Ilk•• '1 ��isin,n;1e`-.f•ml ,-' - �92 8 t edf i roval, °.k c + 1= ' 9;t a .Watchman each wee ;Atutitx`gtl.ollgaOf c f4 }„a�proi4; '.:.d ,",,,,11 etatec4at i, :, once amendedi- cembe ,, 0. •Soundvi • `'eu „ So of or / week( l /successivel .regardi (N CO F _ ,�;���b�oscd�4�ec"c��d=� )?yar".ce�l=�0•��=- �'�f:�°-� :�F�:t.;. day 0r a m A p; o .g on the �5'� �P�tch�ad'�li'tt��y�. e::, .,ti'1:11�,. � ,- l�' o~�a����;�-��_•,comme� 'e sting dwellin :�;- elli-sis,of` GL AL LEMMON`: r f.. 2003. Xr. .g;,,.'Ifi,-s �.� . � `Tt11s'�i�a;�f fir` :bei.�t -ttie'1�Totice o f..Disa�pprova_i is .ate:.�r-etre`Klic r - .Y at'i'anc"e.'under;:t i :theaddi ons;andalteratiotis;,will Article ioht`1 0-2 2A baased'.:t 1 -- ;.,root meet ttie,cod �e"i ,menti, ron the'; t'. f/f 14, ( .... y-. Jp.--4".0"4:491-91 -4-11. /X._.._.. :-40:*41,6 ya dlo IP (feet-,-i;NAY Y,11 it z' '",. ,U ti.c ; 6 . , or the�y,�sinuniliii-,o 1 _ tt!,side f Di"s rov ,he basis{of='the'. i='Iiiitiv, u '. _= ; i *n: o ?,,fNot e'a l p`rovai"sthat the " I:>.,roperty: L065 Saltair r propo� eii� d-t<A..`" dd ion;:. Matti cl ,(,`omit aPar e 11;00�t :s to�the.existin it wellling vu ll_bei: f Q. .,-. -less nth �'5� �t'rfio ���°•fro�t:-e°• .day .-10 1 Z�;,„„,.:'.rK '" ,. , •t:.�. ,r �' �,•�w.,�, •�• efore me this.. ,4,.:,g:, nr ;=4 AP V-1.44':$11;9 P,Ibt lid' dd aSi 5- eef from ( 2003. �gg -4iS"- F,f=E1iA��1�.r���$�"�lis� 'i .��T�I)1Niitkie«;'i�e��i �tn�r_�:�'�c-atiii`y of�.,` .C^£Cc?!l , • i,i.i'RTCI RD BURKH' .,DT;;= o ,4d, Indian eck:'„• i,,.,Tt�• _,i ,a, egriest or A !aria_nce;: 21*.,'econic arcel1000 `6`6=-`•' -under eoton';:1-00-2 '' Y• ;,i`r,l-t.. L �;�r, i-i -;based� ��2�.i�,r3t_'r..3� $"' 4�.Y:.:kyl_�y 'nl"+'`=',• roti';.the:Bui°ldipgt De mentis;;::;,1:0:50` ' % _? Fit No. •4:"-::_) ^,.. ,,::,36.1*.,,, 002 ,0,42/x1.4= ;, is ., s ice •;_;.•: 1. s,;2_ i' . 44x5•` Q ,=IIIA 1 s &,-A-4 Y; "Disanpr.•v° 7':"m; '° :=.-recur' k.,a,.V2 nicer gri.!!er,_, _ Notary Public 1's,propo�se �Fad'i :Section` 100-239and10. 44B ' L b'.i1''.s 'a3 ieiz'�'�' 3 d 'i� :.vt': ;@�; i07Fi5U'G2 t.�•c5'e'�Ittg-��.ti ,� .,'.a ��`�„�t�3��a;,4t�t,��.Iv,'g,x,v i.#k*Y '• s krt'',Si(efto;,0 > 00$i4-- ,�} of t� 'b, eft q 4)2,;;.1 ; ee lid'” ;;, .., y/,. ,r ` *{ ,J� �i �``�*' '•-" y(, ��y/�y�.�D,Va=1`•`' � Emily Hamill ;than"� ? �� F � •V� -t e•` ' 1 P 'Y tr sofiv�YJr./ id yards3 X p,::-i,.' .sp,u. cam e ' ' '4 ` ; NOTARY PUBLIC,State of New York 'ti3 4- f Y 117 t1T '�, `.:.or' t „,,,,,4$4,01:041102`&7;',` - j +"�fee y;�,k-Tt on 3�+►,,�. t� ( 1 Y9'{” , s "itions`� 'rind+ -:`' No.01HA5059984 etrt� .4�pc(l�i.�+i':4"f�l''1 .VSX��•j' • ��.4'J•a{ •'"�"'`� _yfya t%;!,,•.�� -i; I`l ti tµdo,not%` e,ocithe'''•' Qualified in Suffolk County :<,�3��'�z��Ts7aiid:. ,�ri��,,�. de�'=�a1 :a� y lit'•.. �=,a G,l n ;�Parceel 57-2-1?` T,,�,.'c' "ted!y,,art setback of50,- ', Commission expires May 06,2006 t�,X�. a pa��.,iF��4. 90 �.i a�"k, ,x�� l�dGti;'-±.- �.? r,�=e�,.,."--�.:I;. 9 ,a;-m..;, L�No I 1_a.,1`r. :"ee a andC •o: ;ito .':meets thes.�, ,P-;gij - 441 &',}n .' x f r --h s. ami'ni .-e-"7 `e ck frr�om thew 1. l;is! reque tirarVarinnceu d`10—''" :! o' tion .1-0,6 erty_ : pec qn fi <. �•• " ',,� � B,�a 'doit-1ieeA '�l � n�.F;t e�<�sla 'c1;��arcel - .�,. �. Bu':ildt'ng'`Depatmenr s -�laberwg`y 4,u�9 ;^ ;� ;1;1_; . '28;2002 lceyo a.i o ;}`:` `r" %; i5 a.' •4,,i'? o 267` 1, 1�afo alto side-, and"se'acklof:;hMFL E 11 S• gl *TIV;-:is ar., :2'91 K=A0l1,Iii lis. -0pose- hest;f.• �a cea 64dtr iiStitiOti-on-pof a iditioons:;-and' ;Sectiorn 0 13:0A. base =cn�=thie_.=i, ;1 est t ns.; r 0 :i lig `:_ eo`::';ai%`�eistiii 'r s � ' '�.•0.-�.-��B.u•Id%n ,:,:^.. �i t o:f :>�- p,. a y�,• 1��e3r;�; r:; tiash-Av utcll(�ne. fi Dis n fiction tof ';. • Parcel 000-,137-`2-jfZ ,",, s• :an�'aec,9 $. _,e•ri z# e front ,,,,., '� ,„r'0'0; 'a tit fA 1;;No 269:- :yard:^�` ` `n o roe ) 61,25<'='.•a' t:i,,JOSEP 4B S L 'Thi '::is'a :'°.(rr :�I?ce 7ti o'a,,'; oUlevard .. x^- " , ;tines�:�o� ;•�:U'�� ,i��cte>w�:�,.1`✓av� ,` a �:1 dq�«. �6�,�,�0��6:"._ °�`, . { Ile - ectio111----100- 0 . hili 1"' i"`e' a?,",;.•'o., rs,r• 4 , X264 ,,- t t . , c t iia 0a: est:'f"o a:,���;,,', .,::,13.6 .,a`Pp11' _���r_ '�..:� �_�. � '-�., ; Q0 �'of ce.of: s,,: alw _poe •1,ai ei-• id° Sectio 100 `- ` .i". *- de Af `if e`t 0 -2'"' ,,i a A tENVINlov im�'e� '7, ._,r: ,--":-' ;f'�1 ba�s1,��°�=iio .:thi d elek.;`'Of';=.,a" t-of`";ir;Warne •.. 1-8-0a2) 1-�.I3ita�p r'�v sing ,�dcltttda`s�•PB-F:ti`iI'�i aep�. s�,-o�,�s; tice,of'�r^:�, �andTbiterra o e4i ro`osed-; 'Di's'a r`` l*or o rstl talo _ot a=:'_ r chdo'ti xnee ttti •Ai.�', ,:�-.. Tofa-`�'-''.: ' g Theb'asisY;�r: r ti Tin' s tb e1 ;--()fkp,-,, a vi +� thes' ,:clot.•.: '®"sap rovai s.,,,, t I+:gLiic�atioil. o ' .ia a ,, 672'-°�-.:`:;that° ,o ,a2,-1106, tegl;is;. .;_,:, 6'5."'Roc. . ofutRoad- st Marian i'j,n 1 t e °1:8O.District:k,'_' - Parer 1000- X1,-2,;_ ��}2- i :,{,,,:b'ecau it is o-„ecjogrt ;ed;lotv.”~,I 1 ;k; 0;. =a 1 "c"!A,pp 1,op- 70-'�' y 4 ans''"^a 9 t t9 e:k;to' i"r^'`';cocle 7,.:� ' qi ?AUL DAIS t "t 4-a :-s't,at ar. • i 'T e�identical' • • rti•. , F 'i.'v ...0.1 Y+ 4K QS,;kreque r "na ci,under;,,:,-tcw shalA ate`d b 'a ced D { ,; cctin 3 A s y d o �tfi , record�eth .Suf toi'�([4.}ount)' I› B i in 00:4p tment s - ,l 4 irk a.�i i �� _"Gre ... S".r�l�x �•. �' r ��toli�,,,,.•rt:- '�letic�s�' ce�o •o�be©>;�6°3Q=x .� \:'�'n2002�ttceYota`D1• sotu�iil,,�:';8��ix�cl��tek neo e�"ifo�tli'�,�':� , ,,wa nari O'tote :..• arc .. e .. er�?�82•� 'fa�ai`�.iininiilills� tii%txi'eiits�s�i�';�,�;•, 1. .to ,Z;oted,, .duction ain.'otYarea" .tQrtk n fill 4edule',”2YLot"., _ ' 0004'842,` �w; i u.,. . �:a, -. n• J.ou„t- _:; __ , 1�-�.�<�'o ;�'ivas;:,�, ,ov-a' "�rtle�,�olltlloIda•.,:� irk 20y1'68?s {• t to° ��_7rtf �'.- rc ;.,.-^. ,ti. anti pro os odution in o =' r s:#s . z4ogo bdi isron m ip - 1- 'de��p '^4. ,orir,f 5=9:_97 x - 'l.to f4a'p,. q�. ' ;Sr old1'ow t,-•' :1'T4 ., n t �, " ,,., „y,.,� �: . ;;00��"�';� ' "Tlie�z �g�.�"e :.;�� jat�-��or;�tti�GR�O=�$3;,ni�4,�� ;-;;.,�,, ., :S 'f tctea` iffi.'- is ap. 0_ec/reo Eby jfOrmai'-•'f'-_: _; ;.,artYa:'3vFi=•o, ; �_ r�,s`:sa.�-n�;int,';�:�to:=,�'aettonic5fiythe�=�_3o'ar �of�A��peai�'�r,,'� liirneasr r,^,to6� � s ,n -i `" �j�. A 5. s EtX.i^T��itxi�[)�<�^t� 6 3�„QT'8�•,:�i„Ll7,T.`�li3�Z+lw�f���~''_rh' t 0 ,0* . t, '5`rf et, xl ropc -1457 C r .eck R .. > .,5tk `Fr z:',4447..Str'e `id 'S{a : sk a,, a i4 gra' rpp �s a 7._ �” ''="k5.•. �, ." +�10:20ort..- •,�;-.- ���6r. i = r�0=�t� ���it,.pp'l� o:^ ,224 = ` a.m. A..1. Nol 5273- SPRINT" Si). CTRIJM, LLP. ^ LEGAL NOTICE ----, ' 'a i -•*• t_ h a OZA. This is This is a request for.a Special ;OUTHOLD TOWN BOARD' a'recluest or a''aria ce under Exception under Section 100- OF APPEALS - Section 100-31A:1, based on 162A.1 regarTiYigh.:.trslosed • ,THURSDAY,FEBRUARY - the Building,^ Department's installationoftelecommunicatioen 20,2003 PUBLIC November•4;.2002 Notice of antennas- ,inside the existing�1 HEARINGS Disapproval,. 'The•basis,ofthe (church)'steepleibuilding;located ' NOTICE - IS HEREBY NoticeofDisapprovatis-tli'atthe' at 23045•` Main Road, Orient; rEN, pursuant to Section proposed•accessory building is - Parcel 1000-18-2-22.1. / \, ?67 •of the- Town Law and -design for habitable living area 1:40'p.m. Appl. No. 5218 - J. �- �, - r f 10 APPEALS BOARD MEMBERS �•'i O�uFFO(�� '�O�' ®G Southold Town Hall Lydia A. Tortora, Chairwoman -� 53095 Main Road %Gerard P. Goehringer ; CO z ; P.O. Box 1179 George Horning •O Southold,New York 11971-0959 Ruth D. Oliva \- � a0�'�.F ZBA Fax(631)765-9064 Vincent Orlando * ';.''� Telephone(631)765-1809 � http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 21, 2003 Mr. Michael Pisacano P.O. Box 1931 Southold,NY 11971 Re: Appl. #5264—Lot Waiver Application Dear Mr. Pisacano: After reviewing the record after the last hearing, it was unclear as to the name and address of the attorney representing you in the pending application. Would you please forward the enclosed Notice of Appearance form to your attorney in order that their office may complete and return it for the record. Thank you. Very truly yours, Lydia A. Tortora Chairwoman Encl. r . • .. .,..„,..;?';'-'4.:1':',4',., ilm.,,,,,,T,,,i; 1 ' ''''": '•'*. ';''PAVA.,4,C';411'.10- ',q t'±',44j;1", , 71:TZ.' .,, '1 : 401 -,.-; !.,7,•,..`,.4 ,x,i,,,V,-4-.,1 .77:„. ' w.,NitoitrzwokeW,,,r.i,rg ;I,ly,cli p',,,t,,,g:4' " T i '''M`"`^'.;'"4''''''''at,-•i" .,117,". ,F,'.',..'.444.41.A,44,61,cp,,,1 1,,,,.,,,bi,,,00,iy,,.,,..1,,, - .A -; •, .`-`.1•.: ,, .. ''S-,,'tiA,f,-I.!,,,•014,-,,'+e4-ye,10,1,0'ti!,,V,,,,i,,,,q,?,v,,,4t,',-,,,4',...1, ,,' , , , ". •• ,'74 . '.,'","V."-t'l'1"V"I;4` V`'' ,.'-,0::',,‘"?',AANIP4reartiN1,14L ' '.-r, r‘, - r 4-0V; %/V..44':'7iie''C;.4,r:' ' ;`;''.- ':4' ''r'r''''' '''.--rr, rr.r.'r --': r'-r''''' ,.- N;c4,,k; • ., I , vseffem=.MM'r.-res. ...----..---.....— , C-1:AQ '‘eCf . „.•,.., ,,:, 10, i Lr : V, . . - . r 94? 14 ' -c.007 T-- I ' -, i , -, --) •rriA711-fr'i i.:'''"---"--v--1—.--71.-- -v--r- . .. r,a'slii'd- i ''''S'1: • 1 1. c, ., , . i 00 . ------ -r ,,,,,,/.22, at 'c ..7...„ ,7/01' _aa)Z S 7 Vgb 0 V/ t _. , . ,....a.eiQ , , 1 . ' . (.. , r ' A/ . w-roofirro , )i S _. . ( .Eh-=g5L- ' ; -avow -302d . . , Q ".•if g.i —1,7 \ 9 ) , • , n --, , 1-,;• '-., ...._,..L /( c--- , . . 1. 1 , . f % .,- r.)..,, Ls_.} illt2..„-- . ( ...., ,...... , (71,4,v7p5lic - .. Notice of Hearing A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION: PISACANO, MICHAEL TAX MAP #: 113-7-19. 11 PROJECT: LOT WAIVER DESCRIPTION: LOT CREATION / DETERMIN . TIME & DATE: THURS. FEB. 20, 2003 1 :00 PM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. 0 ZONING BOARD - TOWN OF SOUTHOLD - 631 -765-1801 �I,° FO(, c® VALERIE SCOPAZ,AICP C Telephone (631) 765-1938 TOWN PLANNER ti = Fax(631) 765-3136 Valerie.Scopaz@town.southold.ny.us P.O.Box 1179 a ',11 Town Hall, 53095 Main Road . .� * ,•" Southold, New York 11971-0959 •-�.,,,..• JAN - 2 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals From: Valerie Scopaz, AICP, Town Planner kfri-6 Date: January 2, 2003 Subject: Pisacano, Michael SCTM#1000-113-7-19.11 (formerly Chudiak) Attached please find my memo to the file regarding the history of the parcel. The Planning Board has reviewed this memo and file and has told Mr. Pisacano that the lot line amendments were done with the intent of reducing non-conformity of existing lots — and not to create a new building lot. VS:ck att. fig PLANNING BOARD MEMBERS ,‘iirl'S�FFOLt BENNETT ORLOWSKI,JR. �l• OHO • CD Town Hall, 53095 State Route 25 Chairman ,I, Gy P.O. Box 1179 WILLIAM J. CREMERS y Southold, New York 11971-0959 KENNETH L.EDWARDS Z Fax(631) 765-3136 GEORGE RITCHIE LATHAM,JR. O yC 11� Telephone (631) 765-1938 RICHARD CAGGIANO y /MN jig 0001° PLANNING BOARD OFFICE TOWN OF SOUTHOLD `JAN - 2 Memorandum to the File Date: August 13, 2001 Re: Chudiak Property located in Mattituck on West side of Cox Neck Road, Mattituck, NY SCTM # 1000-113-7-19.11, formerly part of 113-7-12. From: Valerie Scopaz, AICP, Town Plannerfid. . This memorandum was written in response to a query regarding the status of the Subject lot, noted above. The question before the Town was whether said lot was a recognized building lot. This memorandum presents the history of the parcel as ascertained from the Planning Board's records. In 1984, William Chudiak, through his attorney, Emil De Petris, applied to the Planning Board to set-off two separate building lots from his farm. The set-off of concern to us in this instance is the 80,000 square foot lot that was to be accessed by way of a 50' private right of way from Cox Neck Road. This lot was subsequently acquired by Mr. and Mrs. Kevin Milowski. The lot did not have road frontage on a public street, thus was required to obtain a variance from Section 280A of Town Law for access. On June 13, 1984, the ZBA granted access subject to four conditions, one of which stated that "Any future subdivision or set-off past this parcel along this or any other right of way will require re-application and consideration by this board for appropriate 280A access consideration (or the Planning Board if same falls within their. purview): (A copy of the ZBA decision is attached.) Subsequently, in October of 1985, Mr. Chudiak, again through his attorney Emil DePetris, submitted four separate.lot line applications to effect a merging of land between the aforementioned right-of-way and existing lots facing Cox Neck Road, of which there were four: Wanat, Wells, Becker, and Zabicky, (later known as Siderakis). On December 16, 1985, the Planning Board voted to approve the lot line amendments between Chudiak and each of the aforesaid property owners. r r { • •., It appears that some of the neighboring property owners were not prepared or in the position to acquire the additional property at the time of the lot-line r applications. The Planning Board approval was subject to conditions that the property of Chudiak be, in each case "conveyed to and merged with the contiguous house lot to the East, and that only one (1) residence together with accessory structures may be constructed and maintained upon the two parcels which will become 2,' - 2 merged into one....and that the above covenants and restrictions be included in the deed and on the survey map for the lot line change" The approval letter went on to note that the Chairman of the Planning Board would endorse the approval upon receipt of the final surveys as required. (A copy of the approval letters is attached.) A hand-written note in one of the files indicates that Mr. De Petris stated that all lots will be sold, and that Zabicky was not prepared to buy, but that Neudack could buy her parcel. The note goes on to state "they are agreeable to C&Rs that the conveyed property will merge and not have any residences." Further, there is a letter in one of the files dated April 13, 1988, addressed to the Planning Board from Nicholas Kordas, attorney for Lambros and Matrona • . Siderakis, who had acquired the Zabicky property in 1982. The letter states that '� the Siderakis' are aware of the terms of the lot-line amendment and are "ready and willing to acquire the vacant land adjacent to their premises". The attorney also sent a letter to Mr. Chudiak expressing his clients' readiness to proceed. A copy of those letters are attached as well. I discussed this matter with the Planning Board at its work session of Monday, August 6th. Two of the members present were on the Board during 1985, and they emphasized that the intent of the lot line applications was to merge land to expand the size of existing lots: not to create new building lots. The record indicates that the subject lot of this memo, 19.11, was intended to be merged with two adjoining lots, and not to be retained for sale as a building lot at some future date. Cc: Planning Board Building Department Town Attorney's Office ItY,- , -. 0,l ,,,, - -1:,,..Lot oLaA (___14.4, -4.0....k... • - „ .. ., • • . ./ . ,!. ofouro, _ • - , k- _ e . *-_.. 4, , : � Southold Town Board of Appeals � /// .0,•' MAIN ROAD - STATE ROAD 25 SOUTHOLD. L,I.. N.Y. 11971 �' 1, ,,"'�� TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3243 Application Dated April 11 , 1984 (Public Hearing May 17 , 1984) TO: Mr. and Mrs . Kevin Milowski [Appellant (s) ] P.O. Box 134 Cutchogue , NY 11935, JAN - 2 At a Meeting of the Zoning Board of Appeals held on May 31 , 1984 , the above appeal was considered, and the action indicated below was taken on your [x] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application of KEVIN AND LESLEY MILOWSKI , Box 134, Cutchogue , NY for a Variance to New York Town Law, Article 16 , Section 280A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, (now or formerly of W. Chudiak) ;. County Tax Map Parcel No . 1000-113-7-part of Lot 12. The board made the following findings and determination : By this application , appellants seek approval of access over a 50-foot private right-of-way located at the west side of Cox Neck Road and ex- tending westerly 312 . 16 feet to the premises in question , which is an 80 ,000 sq . ft . vacant parcel set off by the Planning Board , File #368 , at its Meeting of March 12 , 1984. Although the right-of-way has been traveled by farm vehicles , the right-of-way is in need of improvements for satisfactory access by emergency and other vehicles . It is the understanding of the board that this request is for access only to the parcel in question , and it should be understood that any further subdivision or additional dwelling structures will be required to return for an updated review and updated improvements as this board would deem necessary under the circumstances . • In considering this , appe'al , the board also •deter•mi nes : . (a ) that the relief requested i-s not substantial ; (b) :that-by granting the requested relief, the character •of the neighborhood will not be adversely affected; lc) , that by allowing the variance , no substantial detriment to adjoining properties would be created; (d ) that no adverse effects will be "produced on available governmental facilities of any increased population ; 1.e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of 'justice will be served by allowing the variance , as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doug- lass , it was - I ' . . . r (CONT' -iINUED ON PAGE TWO) , ,, 1. 7 DATED: June 13 , 1984. 4,_ CI3AIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) ��- Page• 2 -, :Appeal No. 3243 ' ' Matter of KEVIN AND LESLEY MILOWSKI Decision Rendered May 31 , 1984 RESOLVED, that Appeal No. 3243, application of KEVIN AND LESLEY • MILOWSKI for approval of access, BE AND HEREBY IS APPROVED AS APPLIED AND SUBJECT TO THE FOLLOWING 'CONDITIbNS: 1 . That the right-of-way must be improved .a full ten-foot width with four. inches of bankrun (mixed with 20% stone content) to the parcel in question for a length of approximately 312 . 16 feet; 2 . Any future subdivision or set-roff past this parcel along this or any other right-of-way will require re-application and consideration by this board for appropriate 280A access consideration (or Planning Planing Board if same falls within their purview) ; 3. ' The right-of-way must be . continuously maintained in good , atisfactory condition for access by emergency and other vehicles ; 4. Upon written notice to the Building Inspector or Board of Appeals , an inspection and approval of improvements must be made prior to the issuance of a Certificate of Occupancy. Location of Property: Right-of-Way at the West Side of Cox Neck Road , Mattituck , NY; County Tax Map Parcel 1000-113-07-part of 012 . • .,y._- Vote of the Board : Ayes : Messrs. Goehringer, Doyen and • Sawicki . (Members Grigonis and Doyen were absent. ) This resolu- tion was adopted by unanimous vote of the members present. * rtsrourvizierAze --,_, GERARD P. GOEHRINGER, HAIRMAN June 13 , 1984 • • • i U 004,1) SGIrBERG, Scamps, DE PETRIS & DE PETELIS ATTORNEYS AT LAW 220 ROANOKE AVENUE o Cl 3 185 POST OFFICE BOX 599 �+ SHEPARD M.SCMEINBERG RIVER-MEAD,NEW YORK MURRAY B.SCHNEPS 11901 ISIDORE SCHEIN BERG EMIL F. DE PETRIS - 1900-1985 RICHARD E. DE PETRIS (516)727-5100 JANET GEASA October 1, 1985 Southold Town Planning Board Town of Southold Town Hall Southold, New York 11971 • Att: Diane M. Schultze, Secretary Re: Property .df William 'Chudiak Dear Ms. Schultze: In accordance with your letter of August 14, 1985, I enclose herewith four applications for lot line changes to- gether with four checks for the filing fee of $50. 00 each. We understand that when approved, there will be a re- quirement that a covenant be filed to the effect that each of the parcels will merge with the contiguous parcel on the east which fronts on Cox Neck Road, and we will assume that the approval will be made conditional upon such filing, and the covenants will be filed once the approvals have been given. I understand that it is not necessary for me to be preseht when these applications are heard since they are self- c,,. explanatory. If this is incorrect, please let me know. Very trul yours, ry Emil F. DePetris • - 140V 7 1985 SCHEINBERG, SCHNEPS, DE PETTUS SC DE PETRIS • ATTORNEYS AT LAW - 220 ROANOKE AVENUE POST OFFICE BOX 599 SHEPARD M. SCHEINBERG RIVERHE•AD,NEW YORK MURRAY B.SCHNEPS 11901 ISIDORE SCHEINBERG EMIL F. DE PETRIS - 1900-1988 RICHARD E. DE PETRIS (5161 787-5100 JANET GEASA November 6, 1985 Town Planning Board Town of Southold Southold, New York 11971 Att: Ms. Dianne M. Schultze Secretary Re: . Proposed lot line changes (William Chudiak) Dear Ms. Schultze: In accordance with our telephone conversation of today, the following is the language of a covenant which we intend to insert in any deed made by the Chudiaks to the owner of the adjacent parcel and we understand that any approval by the Planning Board of the lot line changes will be subject to the requirement that the deeds which convey the Chudiak property contain this covenant: "This conveyance is subject to the following covenant and restriction which shall run with the land: The parcel hereby conveyed shall merge with premises of the grantee contiguous thereto on the east and the 2 parcels shall thereupon be deemed to be one parcel for purposes of the zoning ordinance of the Town of Southold, so that under the present provisions of the zoning ordinance of the Town of Southold only one residence, together with accessory structures, may be constructed and maintained upon the said two parcels • which are being merged into one parcel. " Very truly yours, 7 Emil F. DePetris EFD:sr n 9 00~.... ti, «.Y. T 1;� �,, Y} r 1 - LD ,,�/ts� ®; • LII ! k Y • goo Southold, N.Y. 11971 (516) 765-1938 December 17 , 1985 Mr. Emil Depetris, Esq. 220 Roanoke Avenue Riverhead, NY 11901 Re: Chudiak to Zabicky located at Mattituck Dear Mr. Depetris: The following action was taken by the Southold Town Planning Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board approve the lot-line change to add 25 , 000 square feet from the property of Chudiak to the property now or formerly of Zabicky, located at Mattituck, subject to the following conditions: 1. That the property of Chudiak will be conveyed to and merged with the contiguous house lot to the East, now or formerly of Zabicky 2. That only one (1) residence together with accessory structures may be constructed and maintained upon the two parcels which will become merged into one. 3 . That the above covenants and restrictions be included in the deed and on the survey map for the lot line change. When we are in receipt of the amended surveys as requested in condition' No. 3, the Chairman will endorse the approval on the survey. Please forward six (6) prints of the amended surveys. - If you have any -questions, please don' t hesitate to contact our office. Very truly yours, - • • �V inti JC Duni) BENNETT ORLOWSKI, JR. , CHAIRMAN ' SOUTHOLD- TOWN PLANNING BOARD , . • .., A , W t ;1 ; • ' , • ' 1, . ‘-„,.. ..... ; i -.. • • i ,,. , \ - .- . ;1 ; •••••., .-.• I . I , \ . r I 47 . 44 EU[2 EC,r4.:`,.. NEL)PEC V... 1. 1.• „ . i . , , . ;..------- . r. ''• . • i ., I ..."" ,.,- e I ; 1 I 1 ... .------.• - - '.-- ----..-.,- -.-- .---.- .N..89_CO .1 20_E 21_• 0 ------ ___ a9 ,, Lin 0 '/ i ...," 1, •''•-•'—'-- , ON a e ..--, ..,- . . . , ... ,....,, ,---• .,,,- I ,-- . ...------ ...._ 30q ›.- • .... --- . . , .• :.5 0 ./ ,./ L) Id i a -akal'CZY . 0 . r+1 ' .----- -- . , . ...a „ .., m cl . 8 - _250, 0..5.F 0 _ ,...- < - ` cj 2 . u . kJ .. 0,..., i g 'N.- • . _ 0 ._t\-....... .. , . -- 2 #A I 11 ..' I .. • ''''. 1, A . / . . .. $.1.,.......! \ \ ,...10 • o, “' rt, -...,. ....,” ...,....--."'" ( .,. .:.74 ;.6-43 0 .....____. _.....,..... _____ j • . ,1 - \., P ......- I-- ----, , . ....„-- , 0 125 _ ,.- .. '.. .0 ,,' i FI Sc .. „ . -5t #i•Z:fc-W. . . . t i Ss • * 25 *-0 ,•,-,• Y.,.:2____/. ' „.,„•• ,- \-------„__. 40 ..... ,..................... ........7.__ . -iv i• . ..„, ... • S • *lg.: • eg • . ... . , . IA to ti: 4 .. , ti . , , . ...„1 1 q 2 . r —I - , • J-., .0 Ad -..v. til :... -., . . 4 1 1/2 1 , • - 1, . 1 , , 4 ••---„,, • I , . . - , '125,0 • ‘,- -e — .4 , . .,.. , • , r.--, — ----i t. '• t . 1 . "IC , , ....". . . , •• < Ttillp1:105. n.. 2 • Ail 0 . , .. ... i , • _ 1, 1 • ... 3,,,,,,,51„., ..41--ri , . 8 , ‘ ..,.....„. ,, . .... . • q ‘ C.' ' r"... a: • t, • g,..:* • wg.4_,J,....,?. ... _ . )it-' ' 1 , :2A.-142 . . t d • 0 • : , . •- ..., .2 . , , . , VI - •1 . 44-cat • . i . .. - - .....C> . , \i„- - ,tz.:,5.,•0_ . . . •-•, , ' . . ., - , !• .• ..**,,i.'4,1;,',,-,.,,,;,*"``,.;,.;4,:,, . : .„ :. ,,f -t . • :: . ..•-, , . 2. . ,p, .. .. . ..., . ..,..,:i..,, i. . . . . , . . to , . , . • . .,.,..j. i 01/4.1 • . .. • • :72,.., . . • E — --- —1 . ..', • „, _•• . I• I . h,... •,., .4., '-,-1 0 . . •A‘ • • --i . ,, • , : ; .....,,,, , S1,, . . . ., • . , .. -,-' - ' 1—_, •Li. -.",-..T....T.W.4:t'-.r, r- - .:" •. . . • ...„. , . . .. .. • . , . , . . ,?...c;•-• • 's , I 4<c ": ... , , ...... - . _...... ......_,_ ._.... , . •• -14- . , . . . „.. „r-6,, „..._._,-._:,..,----.--41-.--,..,......--,-,^r-•---- ---4--", ,."..:Z.--'""r----,-; - , • ml.- • • ' '''T.4.1- '• . ,:•4$0.,- i.':'-'''',..-. '.i'''..'„,i;-:- , -..•.,--...;' '-4,- ''.•''$ 1 ,. , - • . , -'4. !?'''':-•,-.,...,,,,,•••'.. i ,,:, ,-;-- '4- .- **2 .'';,-,*4•4*;*'.'•''.1..--1/- - " . , • , - .,. ', ', , •,,, .- . ,. , , ''S• * • , ••'-,:i' "!z Awl_;: ,'','-.,-, ' ' ( ri . -,‘•,N . . .. %.. . • • , , . .t. \ ' • ` , ..-...'*:.*-,-*, :i",' , - , ' .f,*-: ' '7 •.''4'-*''. . . ',„. • , r ..... , . • " -•• ' '-...:. • 'er'''211°.' ' - X u„..5, .0' ;* - •''''''.- '- ••••'?..• ; ',`,...i*.35,;,',":: , , , • , isit140:1*,•-•—'1 `' '**" ,::'',';- *:'.'11: ',yX",""4,.,.„. .. " , -• ".... - , , . • , ',... ', :,.., 1" ..f ",:i`;',.:4",•Aik.',., . *-,' ' ' " '',. ', I . .. . . .• ... ' • .-. . •' . 0,.. , .. , . ; . . ., , ,... .,.., ,,,,,.... ..1.4er "e"' ,y.fsrl".'"•:,; ...,: •. ", •%. ' -., : ••i• <•. . .• . . ,. . . . . . , • - //'//� APPEALS BOARD MEMBERS Co -f ����� yam► Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Lydia A.Tortora ,? P.O. Box 1179 George Horning V O `F 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 MEMO TO: Valerie Scopaz FROM: Zoning Board of Appeals DATE: December 27, 2002 RE: PISACANO, MICHAEL 113-7-19.11 (Formerly Chudiak) Could you please submit the history on parcel No. 113-7-19.11 as well as any other parcel set-offs contiguous to this parcel? Was this a lot created by town setoffs or splits or otherwise legally created? Thank you. GG/jb ri \ r /_)\. .Uk . 3,0 June 2, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Re: Appl.#5381 —M. Pisacano Dear Mrs. Moore: This will confirm that $250 payment for the $400 filing fee was submitted on Friday by Mr. Pisacano, regarding the recently filed Appeal #5381 (Appeal), replacing Appl. No. 5264 (Lot Recognition Waiver). A credit for the $150 paid under the Waiver Appl. #5264 was applied, and the Waiver request is noted as canceled and void. The request under Appl. #5264 has been canceled and replaced with the Appeal Application requesting a Reversal of the Building Inspector's Notice of Disapproval dated November 7, 2003, amended November 8, 2003. A July 10, 2003 public hearing is expected to be calendared by the Board this week regarding the new application. Thank you. Very truly yours, Linda Kowalski _ i E-MAIL:pacatty@optonline.net 6/Ad FAX.NO.(631)765-5902 t151 ON I dea 2 O 53345 MAIN ROAD(FEATHER HILL) r 1114kAs {.. I15c .0.A O J P.O.BOX 846 SOUTHOLD,N.Y.11971-0846 CAMILLE LUCARINI PAULA.CAMINITI LEGAL ASSISTANT (631)765-5900 JULIE MCGIVNEY w j April 25, 2003 APR 2 9 2003 01, APP ALS Lydia A. Tortora, Chairwoman zoNING soon,Town Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold NY 11971-0959 RE: Appeal #5264- Lot Waiver Dear Ms. Tortora: Your letter addressed to Michael Pisacano, dated April 8, 2003 has been delivered to me by Mr. Pisacano. I note that you indicated in your letter that he was represented by an attorney at the hearing but your letter was addressed to him directly and not to Ms. Patricia Moore whom I believe appeared on his behalf at the hearing. My office represented Mr. Pisacano in the purchase of his property. The title report did not reflect any covenants or restrictions on the property and therefore his title was insured. Thereafter, the Dept. of Health granted him a permit for the construction of a single family residence. The problem arose with the Planning Board who we believe gave erroneous advice to the Building Dept. concerning the existence of the lot in question. The parcel in question as you will note from previous letters addressed to the Health Dept clearly shows that the lot was in Mr. Cudiak's ownership for many years. At one point in time and over the course of years he applied for set-offs which were granted. Two pieces were set off from the larger parcel and sold to neighbors with the proviso that the pieces so split-off would not constitute buildable lots and would merge with the existing property owned by the neighbors. The remaining larger parcel had no restriction placed on it and is the subject of this appeal. - :' - APR 2 9 2003 ZONING EOAnn OF APPEALS Based on the advice given to it by the Planning Board, the Building Dept. denied Mr. Pisacano's application for a building permit and advised him to file an appeal with you for a Waiver of Merger under section 100-24 of the Code. Section 100-24 clearly is entitled"Lot Recognition" and that is what Mr. Pisacano is requesting from your Board. There is no other section under the code that addresses this issue and I believe that his application is correct in that he is requesting that your Board issue a determination that the lot was legally created by Deed prior to 1983. Not only that, but the Planning Board itself created the remaining larger parcel by allowing the set-offs of the two parcels conveyed to the neighbors. It seems like just old common sense to reach the conclusion that if the larger parcel was farmed and created years ago then by setting-off two smaller parcels from the larger parcel that the status of the larger parcel should not be affected. Your question at the hearing addressed to the petitioner concerning waiver of merger was somewhat misleading since Mr. Pisacano is taking the position that there was no merger of property but that he is proceeding under this applicable section in order to establish lot creation and recognition. I believe that Mr. Piscano's position is sound and that the notice and the application are correct without any need for additional filings. I have informally spoken to the Town Attorney, the Building Department, and the Department of Health and there seems to be unanimous agreement that Mr. Pisacano has a,buildable lot not subject to any restriction imposed by the Planning Board. If there was any restriction placed on the property it should have been put on record at the County Clerk's office so that the good faith purchaser would have notice. Any other conclusion would be arbitrary and capricious and actionable. It strains'the imagination why this matter should be so complicated and prolonged and I trust that t„t,mhepa .very .. ..,....... PrA ">` TI / (A/oe, ) 1111, lb 0,•''° i F."F0� '�, APPEALS BOARD MEMBERS ®S � 'sl.•' '. ' "'.®�� Southold Town Hall Lydia A. Tortora, Chairwoman i ® +mac 53095 Main Road Gerard P. Goehringer * ti ; P.O. Box 1179 George Horning " ' •�0 Southold,New York 11971-0959 Ruth D. Oliva = 413 b Southold Town Zoning Board of Appeals Application of Michael Pisacano S CTM#100 0-113-7-19.11 APPLICABLE LAW Southold Town Code Lot Recognition 100-24 A lot created by deed or town approval shall be recognized by the town if any of the following standards apply and if the lots have not merged: (1)The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirements set forth in Bulk Schedule AA2 as of the date of lot creation. (2)The lot(s) in question is/are approved by the Southold Town Planning Board. (3)The lot(s)in question is/are shown on a subdivision map approved by the Soouthold Town Board prior to June 30, 1983. (4)The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. (5)All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. (6)all lots are subject to the merger provisions of 100-25 Merger 100-25 (C)Exceptions (1) The nonconforming lot has a minimum size of 40,000 square feet The Planning Board Approved this lot by the Action it took approving the Lot Line changes: May 1985: William Chudiak advises the Planning Board that he had a long standing agreement with the properties fronting on the west side of Cox Neck Road; "Zabicky", "Becker", "Wells" and"Wanat". He requests authorization to convey his land to the adjacent parcels without formal application. The Planning Board directed him to make 4 formal applications in order for the Planning Board to take action on the lot line changes. On November 6, 1985 Mr. Chudiak's attorney, Emil DePetris provided language for the Covenant to be filed with each conveyance. He writes that"we intend to insert in any deed made by Chudiaks to the owner of the adjacent parcel [the covenant] and we understand that any approval by the Planning Board of the lot line changes will be subject to the requirement that the deeds ...contain the covenant" (Exhibit A) On December 16, 1985 the Planning Board granted by separate resolution a lot line change, @12,500 sq.ft. of vacant land, from Chudiak to the Wells adjacent improved parcel. The Wells property(SCTM#1000-113-07-19.19)was made more conforming in that the Well's 1/4 acre improved parcel was enlarged to 25,000 sq.ft. (a little over 1/2 acre). The Planning Board by separate application and separate resolution granted Wanat (SCTM# 1000-113-07-19.18) similar relief making the Wanat improved parcel 33,052 sq.ft. (also a little over %2 acre). Both Wells and Want have a covenant that the parcels (improved and lot line)merge and are considered one parcel. With regard to Becker and Zabicky the Planning Board granted separate lot line change applications. However, Becker became ill and could not consummate the agreement and Zabicky had sold his property on 11/1/82, Chudiak had no agreement with Siderakis (Zabicky had never told Chudiak of the sale) The Lot Line changes with regard to Becker and Zabicky were never submitted to the Planning Board for final approval (endorsement by Chairman on the map) and those two lot line changes did not get completed. Consequently the retained lot remained, as altered and created by Planning Board action of December 16, 1985. The parcel was identified by the County as SCTM#1000-113-07-19.11 and taxed by the Town. In 2001 the Building Inspector recognized the lots and was prepared to issue a building permit upon submission of plans and Health Depatment approved survey. (Exhibit B) l Response to Valerie Scopaz's Memorandum to the File: The following inaccuracies appear in her Memo. to the file: Point I. It is true that the Milowski parcel (1000-113-7-19.10)was created in 1984 by the Planning Board, as a set-off from balance of Chudiak parcel. The Chudiak and Milowski parcels are bisected by a right-of-way. It is also true that Milowski applied for 280A approval and the ZBA granted approval in Appeal 3243. However, the lot line changes did not require action by the ZBA. The Chudiak remainder parcel,now Pisacano, fronts Cox Neck Road and does not require 280A approval. Point II It is true that the resolution and approval of the Planning Board required the conveyed land to be merged to the adjacent improved parcel. However, there is no requirement that the balance of the Chudiak land be sterilized. Lot line changes do not result in a sterilization of the land, the lot line is a boundary line alteration which reduces the size of one lot for the benefit of adding land to the other.lot. The lots being made more conforming were only 1/4 acre in size, after the lot line change they were still only %2 acre. Meanwhile the Chudiak parcel, even after the lot line change,was 1.7 acres. Point III The willingness of Siderakis to purchase the land in 1988 (3 years after the lot line change)would have left Chudiak with 1/4 acre,no indication is given that Becker could complete the transfer.,Valerie Scopaz's memo makes no mention of the .? fact that if Siderakis lot line change was completed that Becker's property we be left. Planning Board action would have created a 1/2 acre remainder parcel (Becker's land). Point IV No additional building lots are created: the lot line changes along Cox Neck Road are already improved and the Chudiak parcel could always be improved with one house. The lot lines merely reduced the size of the existing buildable parcel for the benefit of enlarging the 12,500 square foot lots along Cox Neck Road(Wells &Wanat) Point V Valerie Scopaz wrote a memorandum to the file. She did not address it to me as Chudiak's attorney or to Pisacano's attorney, Paul Caminetti. She knew that we believed that her position was not rational. She relied on the recollection of two board members as to the"intention of the Planning Board"but not the language in the zoning code,the documents in the file, and the property rights of landowners. Even the building department disagreed with her position. She forwarded her memorandum to the Health Department objecting to Health Department approval after the regulatory department had granted Pisacano Health Department approval. The Health Department retracted their approval and forced the matter to the Board of Review for a final determination. After a full.hearing the Health Department granted approval to build on the subject parcel(Exhibit C) The Building Department,when this parcel went to contract, recognized the lot(Ed Forrester's affidavit) see Exhibit B I met with Ed Forrester at the commencement of my representation of the Chudiak family. I was initially retained to obtain all the regulatory approvals. Thereafter,Mr. Pisacano went to contract to purchase the property subject to regulatory approvals. He had been assured by the Health Department that his approval was forthcoming so he closed on the property. He is severely financially impacted by the Planning Board's action. The Planning Board wishes to unlawfully sterilize the property. UV 7 1985 • SNL SCI EINBF.RG, SCHNEPS, DE PETRTS & pE PET-RTS• „ ATTORNEYS AT LAW J / 220 ROANOKE AVENUE POST OFFICE BOX 599 SHEPARD M.SCHEINBERG RIVERI-IEAo,NEW YORK MURRAY B. SCHNEPS 11901 - ISIDORE SCHEIN BERG EMIL F. DE PETRIS - 1900-1985 RICHARD E. DE PETRIS (5 161 727-S100 JANET GEASA November 6, 1985 , Town Planning Board Town of Southold Southold, New York 11971 Att: Ms. Dianne M. Schultze Secretary Re: Proposed lot line changes (William Chudiak) Dear Ms. Schultze: In accordance with our telephone conversation of today, the following is the language of a covenant which we intend to insert in any deed made by the Chudiaks to the owner of the adjacent parcel and we understand that any approval by the Planning Board of the lot line changes will be subject to the requirement that the _,deeds which convey the Chudiak property contain this covenant: "This conveyance is subject to the following covenant and restriction which shall run with the land: The parcel hereby conveyed- shall merge with premises of the grantee contiguous thereto on the east and the 2 parcels shall thereupon be deemed to be one parcel for purposes of the zoning ordinance of the Town of Southold, so that under the present provisions of the zoning ordinance of the Town of Southold only one residence, together with accessory structures, may be constructed and maintained uponthe said two parcels which are being merged into one parcel. " Very truly yours, 7 . r Emil F. DePetris EFD:sr <A th, A STATE OF NEW YORK: COUNTY OF SUFFOLK: ss: Edward Forrester being duly sworn, deposes and says: 1. That I was the Chief Zoning Administrator for the Town of Southold from 1997 through August 2001; 2. That as Chief Zoning Administrator I was responsible for the review of building permits for zoning compliance and approval; 3. That I am familiar with a property formerly owner by William Chudiak, located on the west side of Cox Neck Road,Mattituck,NY 11952, SCTM#1000-113-7- 19.11; 4. That on or about June 2001 I met with Patricia C. Moore Esq. who was representing Mr. Chudiak, and I discussed the subject property with Ms. Moore; 5. She showed me the Tax Map, the lot line applications made to the Planning Board of the Town of Southold, and a current survey. It was clear to me that the subject lot is the balance of the land remaining with Chudiak and is a result of the lot line approvals granted to Mr. Chudiak in 1985. The Planning Board created the subject parcel. 6. Thereafter,upon information and belief, one of Chudiak's neighbor's made inquiries at the Planning Department and Valerie Scopaz, the planner, asserted her opinion that the lot was not intended to be developed. 7. Mrs. Moore asked to meet with Valerie Scopaz,myself and the Town Attorney to resolve the issue. The Town Attorney did not attend the meeting but I made myself clear to Ms. Scopaz that I disagreed with her and that it was my opinion that the owner of the parcel was entitled to a building permit. 8. The surrounding lots were created by Planning Board action, as was the subject parcel. The lot is over 1.7 acres and fronts on Cox Nk Road. The Chudiak family could obtain a building permit upon the submission of Health Department / approval and plans, the property was entitled to a building permit 9. In the interest of justice, a building permit should be issued for construction of a single family residence on this property. E)CIIrhrf 8 10. I make this affidavit knowing that the Southold Zoning Board will rely on the truth of the statements made c , 5LA J c--CJS Sworn to before me this -() day of /'t z �✓' , 2003 Notary Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission-Expires June 16,4 rOUNTY OF SUFFOLK Ir. Robert J. Gaffney £U=FOLK COUNTY EXECUTIVE DEPARTMENT OF REALTti SERVICES LINDA MERMELSTEIN,M.D.,M.P.N. csing Cartwitst .let March 28,2003 Mr.'Michael Pisacano PO Box 1931 Southold,NY x19 71 Subject: Board of Review Hearing-January 9,2oo5 Report of Findings and Recommendation of the Board of Review regarding: Rio-o2-0052 Pisaceac residence- Cox Neck Road.rz:.5:33 ft.Si o Bergen Avenue,Southold- t/o Southold SCTM: *lcao-11;- 19.t1 Dear Mr.Plash ano: Enclosed is a copy of the Board cf Review's findings,recommendations and determination coricenirg the subject application. Based on the information submitted,the Board granted the request fo,variance NVitil the wovisious indicated in the determination. The granting of this waiver does not imply that your anplioation will be automatically approved. It is your responsibility to ensure that your application is complete;otherwise,your approval will be snlr.icct to unnecessary delay. Very truly yours. Walter Dawydiak,Jr.,PE,J.)). Acting Chairman,Board of Review IND flu; enclosure, C: Board of Review Pile Southold Town Planning Board James Bagg r Planning Department Theodore Wells Paul Caminiti,Esq. PatriciaMoore,Esq. Valerie Scopaz-Town of Southold Douglas Feldman,13E SCDHS Roy Dragotta,Esq.-Count;Attorney Lorard of Review SC Dept.of Health Services •- 225v labra Drive East.. Plauppauge,NY it788-429G t631)853-8084 Fax(631)853-3075 cz.,- b , 6/1 c -6 Vs/03 -22E P' TUC-0-S 1(4)6 EiticecogE0 A- Coil GF �-� �A-�i f-� l� ���-F_ cEo F ori T S0 p m /'3 -- 7- /9, // tni , 17)1 ,-c-tA° 19) RECEIVED APR e 3 2003 ZONING BOARD OF APPEALS COUSUFFOLK } COUNTY OF UFFOLK �wk ✓ . Robert JA Gaffney S:'FFOLK COUNTY EXECi.1TIY� tIEPAR T ME!1 OF Hr,... LIPS sERV!C£S LINDA.tsftE,I'`v,MIELSTE M, M.P.H. dctinp Cc;:rrr,8ta.,er March 28,wor.13 Mr.k4iehaal P sacaltu i93��' ';outhold,NV u971 Subject: Board at :itariag-January 9, 2003 Report of Findings and Rceorar?endatio?7 of the Board of Review .egardirlg- Rto-rra•cos -FiGacaiic ra siderawe- w/ /o Cox Neck .;083 ft $r o Batten tt,.t wrille,Southold- t/G Sontbold SCilvi: #t000-17.3-7-1'y,11. Dear Mr.:iev no: Enclosed is e':op of 6h£Board':f Rev%en'+finding,rec'Grnrnendatjons and determination cunre"Ilirg the subject ap licaitior,. 3aS?d on the information a,tion1 sabmitted,the Board granter:the rer...,i es fo:t.`Jar'iari e with the provisl n$ill L oate3 In the deter'mirai ion. The granting of this waiver does:aC't ilttpb thzu.your applicationvia be AU t011iRtiL't 1 y approved. It ie yOt:i re^ponsibilit to°is•are that your application i cociplete;other6!*1Fe,voi:tT:prove,will bs stl;fact to ufneeessarl delay. Very truly yom . Walter Dawyrliak,,T r.,PE,J.D. r',ttile Chairman,.boar{ of Re,i" W D,'ka C: Biaard of Review Pile e thold Towii Plt,m n;Bcavi bares Bag-Planning Tepertr_ien' Theodore c.as Paul Carniniti,Esq. P&ai'ric 'Moore,Esq. Valerie Szop:Iz 'Town JS 3rr;itho1d Dona iceidnlar. '.l f1--SCDH$ Puy Dra 3Ota,tsq. C 1L"Slt.Attorney 4 Board of Review 3C];rept.of Health Services.. %L?a'rRear() e t PIa11.ppaage.NY 1 .7&8-49C &631)553-3�` 4 Fax ) 33-3073 Sutai-O•L.K COUNTY DEPARTMENT OF'HEALTH SERVICES DiviYo2 or El`TFc o.onvicENT IL QUALITY ARTICLE 2,secnoN•220,SUFFOLK COUNTY Sfict:LTAR CODE TO, Linda Me n elstein,M.D.,M.P.H.,Acting Commissioner FROM: Walter D wydiak,Jr.,PIE,,J.D.,Acting Chairman,Board of Review SUBJECTt Report of fundings and Recommendations of the Review Hoard Regarding: R10-02-0052 Pisacano residence-w/s/o Cox Neck Road, 1583 ft.silo Bergen Avenue,Southold- ti o Southold-• SCTM: mt.000-113-7-19.11 ***# L °� raiz;hie)Pisacano PO:Box 193; Southold,NY 11971 roT'tcE E' ,4._R December 18, 20022 January 9,2003 Article 6,Section 76o-60.2, k-2 of the Suffolk County Sanitary Code states that no developer shall engage in the creation of a development,or dispose of any parcel in the development,or erect any building in the ilevelapznent,unless Suffolk County Department of Health Services' (SCDHS;the Department)approval has been obtained for the existing or proposed water supply and sewage disposal facilities in the development. The applicant proposes to construct a�single- famiily dwelling on a parcel of land that was subdivided without the approval of the Suffolk County Department of Health Services CSCDHS). `mogdA 17 F.&CTS 1. proposed development of a 1.68-acre parcel with a single-family residence, 2. Site is it Groundwater Management Zone#Ise, 3. Public water was not available at the time of application. Test well data shows that water quality meets Department standards, With the lifting of a Suffolk County Water Authority moratorium,public water may be available to the_parcel. 4. Depth to groundwater is greater than 17 feet(ft.). 5. Soils are sandy. 6. Distance to nearest public water supply wells is 4,000 ft. (Laurel Lake Wellfield.)- 7. Through a complex series of transactions and events,the applicant now finds himself the owner of a narcel of land with a separate Suffolk County Tax Map identification number (1000-113-7-19.11;hereinafter"Lot 19.1.1"),as shown on the current Suffolk County Tax Maps. However,the lot is not recognized by the•Clepas talent,because a subdivision application had never been made to the Department to create it. Before addressing the waiver request,we''dl summarize relevant subdivision activity to put Lot 19.11 in context. Linda Mermelstein,M.D.,M.F.H.,Acting Com issioner Hearing Date: January 9,2003 Subject: Report of Fundings and Recommendation of the Board of Review Regarding: Rio-o2-oo52 Pisacano residence—IvysJo Cox Neck Road,el 1583 ft.ski Bergen Avenue, Southold—too Southold—SCTM: g10o0-11 -7-19.11 4-41-1411-154 FrnMs AAS FAtix' (eo+nt'd.) 8.As presented by the Departnent'sstaff,the subject application concerns Lot 19.11,which is one lot of an"unapproved four-lot subdivision'`(Le.,four contiguous lots which were not approved for subdivision by the Department). On the existing Suffolk County Tax Maps (SCTMs),these are lots 19.10,19.11,19.18,and 19.19(all with SCTM prefix 1000-113-7). 9. All four lots comply with Article 6 density requirements,and would have been approvable by the SCDHS if a subdivision application were presented prior to,the premature creation of the unapproved.subdivision. Average lot size is 53,717 sq.ft.,which is 268%(assuming public water is available)or r•34% (if private wells are used)of Department standards in Hydrogeologic Zone TV(20,000 square foot minimum lot size when served by public water; 40,000 sq.ft. minimum lot size when private wells are used). o. Because the parcels are in separate ownership,and the applicant cannot join all parties in a subdivision application,he cannot meet the requirements of Section 76o-602 of the Suffolk County Sanitary Code. in The 1981 Suffolk County Tax Maps are the basis of exemptions("grandfathering")cif single and separate lots which predate Article 6 subdivision requirements. The four lots in question are actually comprised of portions of three lots on the 1981 Tax Maps:then lots 17; 18,and part of 12(all with SCTM prefix 1000-113-7). As such,the proposed lot is not exempt from Article 6 density requirements_ 12. The Town of Southold has written aletter,dated January 7,2003(V.Scopaz to W. Dawydiak),opposing the requested variance,for reasons described below. As back-up,the letter contains an August 13,2001 memorandum to file(from V.Scopaz). 13. As described in the August 13, 2001 Scopaz memorandum,the first lot of the unapproved four-lot subdivision was created when the subdivision of Lot 19.10 was approved by the Southold Town Zoning Board of Appeals(ZBA)in the 1984"Chudiak application." A Town ZBA determination was required,as Lot 19.10 did not have road frontage,as required by Town Law Sec.280A(access). A condition of the ZBA approval of the Chudiak application was that any future subdivision of the parcel would require re-application for a Sec.280A access variance. 14. The Chtidiak application created a long,narrow remnant(hereinafter"remnant")of former lot 12,bounded on the west by a right-of-way and new lot 19.1o,and on the east by lots 15 through 18(as shown on the 1981 SCTM), Excluding the right of way,this remnant area totals 68,000 sq.ft. 15. The August 13 memorandum describes the history of the remnant parcel. In 1985,Mr. Chudiak submitted four separate lot line change applications for the remnant parcel. The apparent intent was to merge portions of the remnant parcel with parcels to the east(via sale to adjacent owners); new building lots would not be created. Planning Board approval for each of the lot line changes vas issued on December x6,1985. As a condition of approval, each separate approval required that every new lot be merged with contiguous parcels to the Linda Mercnelstein.,M 17..:vi.P.H.,Acting Commissioner Hearing Date: J rout r-it, 2 oo Y Subject: l eport of Findings and Recommendation of the Board of Review Regarding: Rio-on oo5-2 E'isaeano residence —Lw f s/o Co. Neck Road.A.1583 ft.s/o Ee~gen Avenue,Southold —t!o Southold—SC.r fig: 1.00C-112._7-19.1: EINDIANTUtalgADYMT4(Ce nni'45.) 15. (cent'd.) east. No new+ -wet:dn.%units were to be allowed as a ; suit of any merger. l;ach lot line z.thange would become effective,as of endorsement'oy the ZBA chair_:an. This en4.oraetnent would occur on receipt of amended sorveys,as well us evidence of proper e.ovenants and restrictions concerning the merger and sterilization ;i.c.,no new ciwellirs units permitted), 16. The southerly pair of to (18,8c.o sq,ft.and 12,500 lig.ft_)„verF,indeed, conveyed to adjacent owsiers,verged,and sterilized. The result these two lot line changes is lots 19.18 and 19.19,or..the 2o0:2 S'aifolk County Tax Map, These are two lots inuestio11 in the four- lot unapproved subdivision. 17. The northerly two lots were 25,000 sq.t7.and ta,soo sq.ft (they are now part of Lot 19.11, along with a port k i vt`C i.iglYt •'way). The eu s mania to-Ale enszests hhia : egotiatiott4 were underway to sell these two lots to adjacent owners. However,these negotiations weep never brought to fruition. Hence,zlie lot line changes never occurred 18. The Tawe:of Southold apparently contends that,by virtue of the parties'intent and the terms and conditions of the various approvals,the norttheriy lots should be considered as "sterilized"by the SCDHS. 1.9. The applicant now holds title to the last piece of the remnant parcel:lot 19.11, It is comprised of the two northerly low(37,5oo eq.►t.), as well as the right of way,for a total of 1.7 acre. The appiicart contends that the failure of x edeeessors in interest to consummate proposed lot btie changes does not extinguish his prerogative to seek to develop the parcel. No evidence was presented that restrictf'.a covarants have ex er been filed on any portion of lot 19.11. It was a 3 to decision of the T3oard of Review Co "Ba;d ;i to appros=e the request for variance. The Board is not unsympathetic to the Town's intentions to sterilize the remnant.parcel However,the Board has no indication that Sanitary Code development rights were,in fact,in any way extinguished by the four separate approvals of conditional lot line changes. While two of the lot line changes were consummated,the other two were not,leaving one lot whioll clearly complies wita Article 6 density regt;irermente. Tt e legal status of Lot 1o.11.with respect to Townjurisdiction.is a matter appropriately'eft tc the Town. aVith respect Io SCD1-1S Jurisdiction,howeve:?',long'-standing review prh c.iptes can, and must,be applied. ..n the subject case,the`tmapprc6wed four-lot si bdhision' clearly complies with Article density requirements It would have been approved,if proposed to the County before its premaia re creation, The Department has,or several occasions,dealt with owners of individual lots in unapproved subdivision._ When jeinda'r of all owners within the subdivision is not possible,and the subdivision otherwise meets SCD1-18 requirements,subdivision require:? eat ha're been v.ru'ived, absent other special circumstances which warrant a resF.,i:to the contrary. Ultimately,the Linda Iviermelstein,M.D.,s 1,P.H.,Acting C mrissioner Hearing Date: January 9,2003 Subject: Report of Findings anµRecommendation of the Board of Review Regarding: R_10-o2-0052-• Pisecano residence-w/s/a Cox Neck Road, i58S ft.sic Bergen Avenue,Southold-tic,Southold-Ste- #loon-113-7-19.J1 DE .1114.22(coined.) SCDHS must evaluate each application on its own merits,and within the Department's jariadiction: the Sanitary Code,and associated water supply and sewage disposal requirements, in this particular case,the applicant will need to connect io public water,if available. If public water is not available to the applicant at the time of SCDHS approval,then the applicant shall covenant,in language acceptable to the County Attorney,that the parcel will connect to public water when it is available. As per Section 760-609 of the Suffolk CoLnty Sanitary Code(Sanitary Code),the approval of the variance is in-i a y—vAth the general purpnsP and intent of the Sanitary Code,to protect groundwater and and drinking water supplies,surface water and other natural resources,and public health,safety and welfare. In compliance with Section 760-609(1)(a),the proposed variance is in general conformity withthe Sanitary Code. The variance should not impair groundwater, surface water,and&inking water supplies,and,as such,is consistent with criteria specified in Section 760-609(1)(h). d/VyN../ Date Walter.Dawydialt,Jr.,P.E.,J.D. Acting Chairman-Board of Review �, H 2`�s/a3 \ . 2:6, - /§ --,-. -,-. / '17)4/-1-x---'-e- e /67AJ2 i --"iir(-/- 1 �� / Ab_ /q,:svoz-F_6.--ixt_a---, . . , , t 07/7.4", - 7,- -. Iii,th,,, o? ,,, / cTe-- . , I /575- / & J/ / ,,,4,--,„," y -, /77- :,2-- G 3 ; . a1J- 5‘‘.6,‘ - - RECE1VED MAR 252003 R sa641 _ lis a.Cirzv -cS7)1 ,4 /3/03 ZONING BOARD OF APPE 4, COUNTY OF SUFFOLK • Robert J. Gaffney SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES CLARE B.BRADLEY,M.D.,M.P.H. Commissioner December 18, 2002 • Mr.Michael Pisacano PO Box 1931 Southold,NY 11971 Subject: Rio-02-0052 - Pisacano residence-w/s/o Cox Neck Road,cz 1583 ft.s/o Bergen Avenue, Southold-t/o Southold-SCTM: 1o00-113-7-19.11 Dear Mr.Pisacano: As previously advised,your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for January 9,2003 at 2:0o p.m. in the Suffolk County Department of Health Services'Conference Room, County Center, Room S-238,Riverhead. You and interested parties are requested to appear,with or without counsel. On that occasion,you may produce any information or evidence you wish to be considered concerning the above-referenced property. Should you have any questions,please call(631) 853.3086. Very truly yours, Walter Dawydiak,Jr.,P.E.,J.D. Acting Chairman, Board of Review WD/kn C: MartinTrent Southold Town Planning Board James Meyers Theodore Wells • James Bagg- Planning Dpt. Patricia Moore,Esq. Paul Caminiti,Esq. Douglas Feldman, PE- SCDHS Valerie Scopaz-Town of Southold •Board of Review• Suffolk County.Department of Health Services 22o Rabro Drive—Hauppauge,NY 11788 ' (631)853,3086 -Fax: (631)853.3075 3523302066 FRAM :Peggy Cr i bb,, Bookkieeper&I lry FAX NO. , :3523702066 Feb. 18 2003 08:50AM P1 2/15/2003 12:36:00 PM To ZBA Board, We, Theodore and Rita Wells grant authority to Malcolm Doubleday to Represent us at any meetings now and in the future pertaining to said property of Mr. Pisacano reguarding any application for a building lot. Due to a medical condition we cannot attend any meetings. We hereby appoint Malcolm Doubleday to represent us. Thank You, Theodore and Rita Wells 1.11,/..4- Dated SrATE OF rweAbA Coutuysi oF. au, c2 Om -rug i dk. b qh o f r P-Amek( , ZOO,, -T"- ,bole t c (.4.s pte6v4D444.A1 oe4 , , ti) rra 441s w I F6 l$ l c. �- cu 14-0,6E I aettirr*y P e4 0 +l.( -n-Ie `2 I'S O F A "rt,®Eit M 1 brat -:-t ICA,n o N , "ro $e- Tt4 E I h iu D F 6 460" N 6m-e,QT + ekl AC tAwr v c.6 6 -7144r Tl-� gI4I.14 iT. Lgejekt - et;100 ''''''' Cribb (.04)-4 Bow I9,2015 4IY % 1141a/C Iiordla4 Ca. Lib 14OV 7, 199 Sc 'nsE$O•, SOHNEPS, DE PET'RTS & JOE PETRTS- • ATTORNEYS AT LAW 220 ROANOEE AVENUE • POST OFFICE HOS 699 SHEPARD M.SCHEINBERG Rryinra EAD,NEW YORK MURRAY B.SCHNEPS 11901 ) ISIDORE SCHEINBERG EMIL F. DE PETRIS Isoo-lses RICHARD E.DE PETRIS (516) 727-6100 JANET GEASA November 6, 1985 Town Planning. Board Town of Southold Southold, New York 11971 Att: Ms. Dianne M. Schultze Secretary Re: Proposed lot line changes (William Chudiak) Dear Ms. 'Schultze: • In accordance with our telephone conversation of today, the following is. the language of a covenant which we intend to insert in any deed made by the Chudiaks to the owner of the adjacent parcel and we understand that any approval by the Planning Board of the lot line changes will be subject to the requirement that the deeds which convey the 'Chudiak property contain this covenant: "This conveyance is -subject to the following covenant and restriction which shall run with the land: The parcel hereby conveyed shall merge with premises of the grantee contiguous thereto on the east and the . 2 parcels shall thereupon be deemed to be one parcel for purposes of the zoning ordinance of the Town of Southold, so that under the present provisions of the • zoning ordinance of the Town of Southold only one residence, together with accessory structures, may be constructed and maintained upon the said two parcels • which are being merged into one parcel. " Very truly yours, • 7 if `" A,4 Emil F. DePetris . , + • f, i• ,�� '( 1EFD:sr • SCIEEINTEUrEta, SCT EPS, DE PETRIS 8C DE PETRTS ATTORNEYS AT LAW Q 220 ROANOIN E AvLUE 0 C 1j 3 185 POST OFFICE BOX 299 SHEPARD M...StHEINBERG RIVKI7nF_ AT,NEW Yogi MURRAY Ela�'�Saa$,,H1VE PS _ 11901 ISIOORE SCHEIN BERG EMIL F. DE-P£TFilS — - I900-1985 RICHARD E DE PETRIS (516)727-5100 JANET GEASA October 1, 1985 • Southold Town Planning Board _Town of Southold Town Hall • Southold, New York 11971 • Att: Diane M. Schultze, Secretary Re: Property "of "WiIliam •Chudiak Dear Ms. Schultze: • • In accordance with your letter of August 14, 1985 , I enclose herewith four-applications for -lot' line changes to- gether with four checks for the filing fee of $50.00 each. We understand that when approved, there will be. a re- quirement that a covenant be filed to the- effect that each of the parcels will merge with the. contiguous parcel on the east which fronts on Cox Neck 'Road, and we will assume that the approval will be made conditional upon' such filing, and the . covenants will -be filed once the approvals have been given. - I understand that it is not necessary for me to be present when these applications are heard since they are self- • explanatory. If this is incorrect,- please let me know. Very trul yours, Emil F. DePetris EFD:bem ' Planning Board Page 2 12/16/85 Arshamomaque Island - Board to review the correspondence from the Suffolk County Planning Commission and corresponcence from the applicant regarding this subdivision of 4 lots on 12 acres off a right-of-way, at Southold. Leander Glover - Board to take action on this sketch map for this minor subdivision of 3 lots on 15. 68 acres at Oregon Road, and Cox Lane, Cutchogue following a field inspection. Premises is located in a C-1 zone. Bertha Kurczewski - Board to make recommendation to the Board of Appeals on this set-off of 22, 132 square feet from 1. 5 acres following a field inspection. This proposal is located at Depot Lane, Cutchogue. Richard Duchano - Board to make recommendation to the Board of Appeals on this set-off of 11, 250 sq. ft. from 22, 500 sq. ft. located at Champlain Place and Bridge Street, Greenport, following a field inspection. Henry Arbeeny - Board to take action on the sketch map for this major subdivision of 6 lots on 7. 592 acres at Kenny' s Road and County Route 48, Southold. Three lots are in a B zone and three lots are in an A zone. _ Cranberry Acres - Board to take final_ action on this subdivision - for three lots on 24 acres at Cedar Beach Road, Southold. Chudiak to Wells- Board to take action on this lot-line change to merge 12,500 square feet from Chudiak to property of Wells, located Cox Neck Road, Mattituck. Chudiak to Zabicky - Board to take action on this lot-line change to merge 25, 000 square feet from property of Chudiak to property of Zabicky located at Cox Neck Road, Mattituck. Chudiak to Wanat - Board to take action on this lot-line change to merge 18, 800 square feet from property of Chudiak to property of Wanat, located at Cox Neck Road, Southold. Chudiak to Becker- Board to take action on this lot-line change to merge 12, 500 square feet from property of Chudiak to property of Becker located_ at_Cox- Neck-Road, Matt-ituck. Walter and Marilyn Gatz-Board to take action on this site plan - Drs. Ciletti and Claps- Board to refer this site plan for offices, located at North Road, Southold to the Building Department for certification. -- LAW OFFICES © •O ,m, WICKHAMWICKHAM & BRESSLER, P.C. if Y , 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND MELVILLE OFFICE WILLIAM WICKHAM NEW YORK 11952 275 BROAD HOLLOW ROAD SUITE III ERIC I A.WICKHAM MELVILLE,NEW YORK 11747 ABIGAIL A.WICKHAM 631-298-8353 LYNNE JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 ASA TELEFAX NO.631-249-9484 August 20,2001 Michael Verity, Senior Building Inspector Southold Town Building Department 53095 Main Road P.O.Box 1179 Southold,New York 11971 Re: Theodore and Rita Wells SCTM# 113-7-19.19 - 1575 Cox Neck Road,Mattituck,New York 11952 Dear Michael: , We ate the attorneys for Theodore Wells and Rita Wells,who own the above property. We understand that the Town has received inquiries as to the development of tax lot 19.11 for a single family residence: The Wells have a deeded right of way over the 50 foot right of way outlinediitn full The Wells and their neighbors keep open and use the right of way on a constant basis for extent. Tax lot 19.11 was supposed to have been added to tax lots15and 6 per Planning an to Beckerd r). lot line change approvals on December 16, 1985 (Chudiak to Zabicky and those transfers were made(now tax At that same meeting,mergers for Chudiak to Wells and Chudiak to Wanat were also approved,eals lots 19.18 and 19,19). The Planning Board app to be added to the two,lots Which'; prohibited constniction of#,residence:p09.1.1;since it;was ._ ._ _ ,, , . d*Cienees:.Moieover;the'property is ari"R 80'zone -- alreadyicoiitaine Please keep us advised if this matter progresses. Very truly5gyyours, 1 , _ . - Abigail A. Wickham End. AAW/al cc: Valerie Scopaz,Southold Town Planning Board Greg Yakaboski,Town Attorney Mr.and Mrs.Theodore Wells 30/Verity • Ttc6 m:;;, e' o - LD cr)• S Or , � ► ►, Y Aa�k-()1r= 1-1 "* Southold, N.Y. 11971 (516) 765-1938 PLANNING BOARD AGENDA December 16, 1985 7: 30 p.m. Public hearing on the question of approval of the minor subdivision of Walter and Marilyn Gatz to be known as "Green Pastures" located at Sound Avenue . Mattituck, 4, lots on 24. 54 acres. 7:45 p.m. Parker Wickham has scheduled a pre-submission conference to discuss the site plan for construction of a 42' X 60 ' storage building at Mattituck Airport. _._.. ..__ . Board to ;yet- J•arnuary--. - , 1'986-,-at=-the- Southold•=Town_-, Haal-- as the time and place for the next regular Planning Board meeting. • Board 'to 'set .January , 1986 a_ t_the Southold Town Hall, 7":30 -p:in:; as' `the Jtime and "place` for a public hearing on the question of approval of the minor subdivision of the Estate - of Thomas •Mrowka, 3 .lots on 5. 8 acres, Mill Lane, Peconic. Board .to,•;set"the following new proposals' for a field inspection: 1. Philip •Horton- Lot-line change located at Main Road, Cutchogue 2. Kay Dee Estates (Patricia Bailey) - 3 lots on 5. 9 acres ' • located- 'off , a right-of-way from •Leslie Road, Cutchogue. ,3.', , Eleanor D. Leonard - 2 .lots ' on,4 9,0 8 9 square feet o f f a night``-of--way- from-I3ay--Home-Road;`-Southdra-. " r San Simeon Retirement Community -Board to review the amended site, plans for ,this proposals for 144 dwelling units located at Chaple Lane, Greenport. Gretchen' Heigi - Board to make recommendation to the Board of Appeals on this set-off of 65, 000 squre from 3. 24 square feet. located at Soundview Avenue, Southold. - Frank and Diane Ammiriati Board to refer this site plan for conversion• of,- a 'three-family house into a retail food store with dwelling use, located at Love Lane, Mattituck. Board of Appeals has granted a special exception approval. • • ' �. ut r uLK P�� • ' -,'•$6D T t, 40:4,i .T-D LD /671 y , s . i•:.,111.1() ,, .. k ► Y J Agt Southold, N.Y. 11971 (516) 765-1938 December 17, 1985 Mr. Emil Depetris, Esq. 220 Roanoke Avenue Riverhead, NY 11901 Re: Chudiak to Wells Dear Mr. Depetris: The following action was taken by the Southold Town Planning Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board approve the lot-line change to add 12, 500 square feet from the property of Chudiak to the property now or formerly of Wells subject to the following conditions: 1. That the property of 'Chudiak will be conveyed to and merged with the contiguous house •lot-to the East, now or formerly of Wells. 2. That only one (1) residence together with accessory structures may be constructed and maintained upon the two parcels which will become merged into one. 3. That the abovecovenants and restrictions be included in the deed and on the survey_map for the lot line change. When we are in receipt of the amended surveys as requested in condition No. 3, the Chairman will endorse the approval on the survey. Please forward six (6) prints of the amended surveys. If you have any questions, please don' t hesitate to contact our office. Very truly yours, (bum\ik OtrbniYal'Ai BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD o.. n; we • 00010 ',, \IFFU(ir , � Lei L •'�1 Aft':,G r ft? \ 1 ��a T r. piLD � . tt� z ' ` f9 :' S Y ' ---•,,, •1�I' II Southold;,N.Y. 11971 (516) 765-1938 • December 17, 1985 • • Mr. EmilDepetris, Esq. 220_ Roanoke Avenue Riverhead, NY 11901 RE: Chud'iak, to Becker located at Mattituck Dear Mr. Depetris: The following action was taken by the Southold Town Planning Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board approve the lot-line change to add 12, 500 square feet from the property of Chudiak to the property now or formerly of Becker subject to the following conditions: ' 1. That the .property, of Chudiak will be conveyed to and merged with the contiguous house lot to the East, now or formerly of Becker 2. .._._That,.._only_.-.one , (1) residence -together with accessory structures may be constructed and maintained upon the two parcel,s.,,which' will become 'merged Into One. 3. -That the above covenants and restrictions be included in• the_ deed and on the survey map' for, the lot line change. When we are in receipt of the amended surveys as requested in condition 'No. 3, the Chairman will endorse the approval on the survey. Please forward six (6) prints of the amended 'surveys. , If you have any questions, ,please don' t hesitate to contact our office.. Very truly yours, Wan ja_ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD I IFNI( 040 T ' t.9 ;t' .4 � �7�p*}. yLD Southold, N.Y. 11971 (516) 765-1938 December 17, ,1985 Mr. Emil "Depetris, Esq. 220 Roanoke Avenue Riverhead, NY 11901 Re: Chudiak to- Wells Dear Mr: •Depetris: The following action was taken by the Southold Town Planning _Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board approve the lot-line ,change ' to add 12;500 square feet from- the property of ,Chudiak to the property now or 'formerly of Wells subject to the' following conditions: 1. That the property . of Chudiak will be conveyed to and merged with the contiguous house lot to the East, now or formerly -of Wells. _ 2. That only one (1) residence together with accessory structures may be constructed and maintained upon the two, parcels_ which will become mergedinto one. 3. That the 'above -covenants and 'restrictions be included in the 'deed:and -on the survey map' for the lot line change. When ,we are in receipt of the ''amended surveys as requested in condition No. 3, the Chairman will endorse the approval on the survey. Please forward six (6) prints of the amended surveys. '' If you have any questions, please don' t hesitate to contact our office. Verytrulyyours, (611AA)Y\gji( 00i511:611Yot/y14,9 BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze . Secretary • • • , • ���to"' If our D P/ ;II fur 2, �.; p: + , T c; 'V4,W tiw;at; LD. Southold, N.Y. 11971 (510765-1N8 December 17, 1985 Mr. Emil Depetris, Esq. 220 Roanoke Avenue ' - Riverhead, NY 11901 • Re: Chudiak to' Zabicky located at Mattituck Dear Mr. Depetris: ' The following action was taken by the Southold Town Planning Board, 'Monday, December '16, 1985. RESOLVED' that the, Southold Town Planning Board approve the lot-line ,change to add 25, 000 'square feet from the property of Chudiak to the property now or formerly of Zabicky, , located-at Mattituck, subject- to ,the following conditions: 1. , That the property of Chudiak-will be conveyed to and merged with the contiguous house lot to the East, now or formerly of Zabicky ' 2. That only one;- (1) , residencetogether with accessory structures may be constructed and ,.,maintained ,upon' ,the two parcels which' will become merged into one. 3. ' That the above covenants end restrictions be included in the , deed ,and on the survey map for the lot line change. When we are in receipt of the amended, surveys as requested in condition No. 3,, the Chairman will endorse •the approval on the• survey. Please forward six (6) prints of the amended surveys. If you have any' questions, please don' t hesitate to contact our office. Very truly yours, CP6Uitty(w i 014111° • • BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD • //I� ♦� of P a' f "rte ; 9. ."1! D T n: _ �. � •iA r LD y^ y Vis^, s "g rtvO‘i. 1.44 Y � N' '_�♦iii///I°,� Southold, N.Y. 11971 •(516) 765-1938 December 17, 1985 Mr. Emil Depetris,' Esq. 220 Roanoke Avenue Riverhead, NY 11901 RE: Chudiak "to Wanat located at Mattituck, Dear Mr.. 'Depetris: The,'following' action- was taken by the Southold Town Planning Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board approve the lot-line change to add 18, 800 square feet from the property of' Chudiak- to the property now or formerly of Wanat subject to the following conditions: 1. 'That' the property of Chudiak will be conveyed to and merged with the contiguous house lot to the East, now or formerly of ,Wanat. 2. _That.__only_ one (1) residence together with accessory structures' may- be constructed 'and- ma-intained ,upon. the two parcels .which will become merged into one. ' 3. ' 'That the above covenants and restrictions be included in .the deed andonthe survey map for the lot line change. When we are in- receipt of the amended surveys as requested in condition No. 3, , the' Chairman will,,endorse the approval on the survey. Please forward , six , (6) prints of theamended surveys. If, you 'have any questions, please don' t hesitate to contact our office. ' , - Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD • SCHEINBERG, SCHNEPS, DE PETRIS & DE PETRIS ATTORNEYS AT LAW 220 ROANOKE AVENUE POST OFFICE BOX 599 SHEPARD M. SCHEINBERG RIVERHEAD, NEW YORK MURRAY B.SCHNEPS 11901 ISIDORE SCHEINBERG EMIL F. DE PETRIS - 1900-1995 RICHARD E. DE PETRIS (516) 727-5100 JANET GEASA December 23, 1985 Mr. Theodore R. Wells, Jr. - (No #) Cox Neck Road Mattituck, New York 11952 Re: Chudiak to Wells & Others Dear Ted: Enclosed herewith are copies of the 4 letters from the Planning Board, which I received from the Planning Board, approving the 4 lot line changes. I am, now preparing contracts with you, Becker and Wanat. You will note that condition #3 in each of the approvals requires that the first 2 conditions be shown on the survey map. I, therefore, suggest that you take the enclosed copy of the conditions to the surveyor and have him place those conditions on the map. If you will then forward 6 prints of the map, as so amended, to the Planning Board, the Chairman will endorse his approval on the surveys. I will rely on you to attend to this . I will send the contracts to Bill Chudiak in a day or so and the 2 of you can see about getting them all signed. We will be able to close the contracts and get the deeds out to all of you as soon as the buyers are ready, after the Planning Board Chairman has endorsed his approval on the surveys. Very truly yours, i Emil F. DePetris EFD:sr Encs. Lambros Siderakis 192-B Cox Neck Road Mattituck, New York 11958 June 10, 1988 Re: Land behind: 192-B Cox Neck Road Mattituck, New York To whom it may concern : Please be-advised that I am the owner of the property whose address is 192-B Cox Neck Road , Mattituck ; New York . Further, please let this serve as written , notice that I am against the building of a house or any such structure on the above captioned land. Further, please note , that said land is currently owned by a Mr. . Chudiak and it is less than an acre of property . Under current law, two acres of land are required for construction of a house or similar structure . I thank you for your cooperation and concern in this matter , Sincerely, -4%/NAp.4-0 Lambros Siderakis Dated: Sworn to before ire this 10th • of June t 19 88 Ek ree Notary Pub i C DOROT' SARANTOPOULOS . Notary P •.ic, State of New York No. 43-46 1051 Qualified in Rich n o t;1 Commission Expire c• ,'ll'Is!' , + v r + Os a9 0 0 si -0+ � ` , a• 'o 9d• St OS as 4.. pO 0 O DN � N Y po N �`•0 4 I' °O 4 ,• e io ci; r. t.V r a Or- ig a err vs°0 ge fb Ops rA �`I ler.e u# 10o = 0. 4 • e. ' r C.g Lt NP m NtBoa $' f' �� 9 �a S tt L� !7r re C° ,�p'1 E :6.Co13...8.SEe..,..kr1.043,,s1.,ii.czie.,01111°11.H.11_,' , �` N -n^o9 �t r a m �• sy '� •v KG d+ aL f ,ro9�°j �Y i' La caMit.: wa r tstt •�c O ut >u f..� NL l n.. ant N '� t� p Yb � t/ IP ,Vilim �, ry a wt 0 �• lco 13.31,4 ri e l FC :L a l. ttt Ea`�'- to .. _ {�6` _c,2s le at t ttc SL •� rs,i, 4 I. , ,-tL T a % � 00 Ls•c b.. ,gt ----ivialir + O y'. ' �Q - .,s a- A % + rf .:• n Ln d „# a` ti44 , (50') ICS ,0 Vis 0 rg�ra � At 3 Y a e L O %r c.os� '3�d LLL � `Q L.i m ,x alp d,. 0d. 9� QtG 9t'e �� ir— 4'!`P : + rr-- �g to 5 a y % rrz ` f, a rq Ars {rp ,� ora $_�_ �+..p �' ,• n 5 �, „• P a --f6 I6 r (kL'y0 ?ria at r1( 't` h 1 •d tS 5 8 y9. - Is -------- p ---ii _ ra-- %� I \ ..tt \``1O�V�YI oto \r 3 os �t - �� xi�y `C UAL ,p $ �! Lit •tl1 �La /L li y d L - StUtifll� ^y\ri S . `l Kt, % ,� L0 oft S ' P._A. 9 r ry, ,B t $ pttt L r a,, rt=% $��re�$q'r ���,� -4 t g qt u. aN .. ,, �St .D $ .L J— + La �t l� �. 4 d a a M a f G , LP MI 9� 4 -------- at y " d o, t. uta ---0� @ T V. �• u © 6Cs . B ft✓ ,:=s ,- % ,-(s-- -' -..A.: R 00:4: -,,..,, ,,,.. .----- .- Wu / Y6 / / /t �`1 o an/ y1 �_ Il0;;( :;i;:', ;;;1Y' -1'`s ;)j3(((;,f;fII;f, , 'S;+) ,,j ;i • • RODERICK VAN TUYL, P.C. % i Q l ta .j clli\ 218 FRONT STREET GREENPORT, NEW YORK 11944 PHONE 516-477-0170 March 21 , 1986 _ DATE Ted Wells Cox Neck Road Mattituck, NY 11952 e PLEASE DETACH AND RETURN THIS STUB WITH REMITTANCE AMOUNT REMITTED$ DATE CHARGES AND CREDITS .BALANCE 5/9/85' Revise maps of Wells, Wanat, Becker. $ 75.00 1 /2/86 Move monuments and pipes. 125.00 9/4-12/23/85 "Overall" map of Chudiak parcel; 300.00 revisions. 166 $500.00 ,11\ <.0# gank o u( 1 5' RODERICK VAN TUYL, P.C. Item U STR72©Wheeler Group Inc 1982 FOLD AT(—)TO FIT DRAWING BOARD ENVELOPE N EW6P b -,.�w•.,..- t i1` ''!rti;' � . _._ DATE CHARGES AND CREDITS ,, ._ Ipar el; Map of property, west of house $175.00 Corners set on west line. • ?:t- e„it)" • RODERICK VAN TUYL, P.C. • Item R STR72 o Wheeler Group Inc.1982 ' Fold At(—)To Fit Drawing Board Envelope#EW6P . 1; 3{r. ) ,. {t,s'; 1 r;;,��f{:., ',P12''10:';' ''$.,;4:',,'1,,,,:',./,',..:" • • '�'> te , a!' <;•),1;;,; ,Y1 ", ; 1;,is • r,I>',,i. ;i II,>;;��t7 1 {{;;;;,•,;j,1:,, ;;'%1;)'%i; ?';f;!.,,,'• i i !;';;'''Sf'3i;f itr Ill RODERICK VAN TUYL, P.C. FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 516-477-0170 DATE May 18, 1984 TO Prix, Theodore R. Wells, Jr. Cox Neck Road SUBJECT Mattituck, NY 11952 ! Dear Mr. Wells: ; Enclosed please find four prints of a sketch for you and the -j - other parties to examine. Please feel free to mark them with any instructions regarding the work required. . 3 We will await your word. Yours truly, Colin Van Tuyl ::.-- CVT:avt Enclosures - _ - Form Ml 5-M2 The Dro..ng Boord,Inc,Bo.505,DoIlos,Te.o, RODERICK VAN TUYL, P.C. FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 - 516-477-0170 ; „------,1_,...,'' 2-,-_-__:,......:-.:::-.1.:1:::::::::::..117-.7.7. DATE August j-t 6, 1984 TO Theodore Wells, Jr. Cox Neck Road SUBJECT Cutchogue, NY 11935 Cox Neck Property Dear Mr. Wells: If these maps look o.k. to you, please let us know and we° will - proceed with setting the corners. } Very truly yours, - - -- -- -.' - Colin Van Tuyl • CVT:avt Enclosures 1 Foim ML 5 N72 The D a ng Boo d,Inc,Bo.505,Dallas,Teaas eke s 5 2 Pd 3 /. ! PF 40 COC 0-r .1 laj Theodore R. Wells 1575 Cox Neck Road ;?():c6' Mattituck, New York 11952 f 273 December 30, 2002 / / Town of Southold-Board of Appeals Attn: Chairman and Board Members Main Road Southold, New York 11971 Re: Building Permit Meeting-Chudiak/Pisacano February 20, 2003 Dear Chairman and Board Members: I am linable to attend the above-mentioned meeting due to a physical disability that I am currently being treated for. At this time, I am in Florida receiving scheduled physical therapy. I am expecting to return on or about the first week in April. I respectfully would ask for a post-ponement until that time. Any construction on said lot would have a directly negative impact on my own home, as I am the most closely adjacent. It should be noted that building rights have not been granted on this lot, due to natural run-off issues from the farm to the west (see attached letter from Southold Planning Board, as well as signatures of surrounding concerned neighbors who will- also be affected). It would be most appreciated if this matter could be re-scheduled after my - return so that I could present to you my concerns. Sincerely: The•dore R. Wells Enc. rG) V d. ,,....._ CANNING BOARD MEMBERS- ,tit stfF04 BENNETT ORLOWSKI,JR. �l \� , ,, 4-44 '.\ Town Hall, 53095 State Route 25 Chairman 1,4 4/ x \ G i ,` " � i' ", y P.O. Box 1179 WILLIAM J. CREMERS % p P', ' _ Southold, New York 11971-0959 KENNETH L.EDWARDS , r a� .,h3 ; Fax (631) 765-3136 GEORGE RITCHIE LATHAM,JR. O 1.10 ® /1 Telephone (631) 765-1938 RICHARD CAGGIANO .. t* •. „.y'`���.,,,1 l 41 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum to the File Date: August 13, 2001 Re: Chudiak Property located in Mattituck on West side of Cox Neck Road, Mattituck, NY SCTM # 1000-113-7-19.11, formerly part of 113-7-12. From: Valerie Scopaz, AICP, Town Planner. . This memorandum was written in response to a query regarding the status of the Subject lot, noted above. The question before the Town was whether said lot was a recognized building lot. This memorandum presents the history of the parcel as ascertained from the Planning Board's records. In 1984, William Chudiak, through his attorney, Emil De Petris, applied to the Planning Board to set-off two separate building lots from his farm. The set-off of concern to us in this instance is the 80,000 square foot lot that was to be accessed by way of a 50' private right of way from Cox Neck Road. This lot was subsequently acquired by Mr. and Mrs. Kevin Milowski. The lot did not have road frontage on a public street, thus was required to obtain a variance from Section 280A of Town Law for access. On June 13, 1984, the ZBA granted access subject to four conditions, one of which stated that "Any future subdivision or set-off past this parcel along this or any other right of way will require re-application and consideration by this board for appropriate 280A access consideration (or the Planning Board if same falls within their purview): (A copy of the ZBA decision is attached.) Subsequently, in October of 1985, Mr. Chudiak, again through his attorney Emil . DePetris, submitted four separate lot line applications to effect a merging of land between the aforementioned right-of-way and existing lots facing Cox Neck • Road, of which there were four: Wanat, Wells, Becker, and Zabicky, (later known f; as Siderakis). On December 16, 1985, the Planning Board voted to approve the lot line amenclments between Chudiak and each of the aforesaid property ,owners . t .,._k , .r• 2 • It appears that some of the neighboring property owners were not prepared or in the position to acquire the additional property at the time of the lot-line applications. The Planning Board approval was subject to conditions that the property of Chudiak be, in each case "conveyed to and merged with the contiguous house lot I to the East, and that only one (1) residence together with accessory structures may be constructed and maintained upon the two parcels which will become merged into one.....and that the above covenants and restrictions be included in the deed and on the survey r map for the lot line change" The approval letter went on to note that the Chairman of the Planning Board would endorse the approval upon receipt of the final surveys as required. (A copy of the approval letters is attached.) A hand-written note in one of the files indicates that Mr. De Petris stated that all lots will be sold, and that Zabicky was not prepared to buy, but that Neudack could buy her parcel. The note goes on to state -"they are agreeable to C&Rs that the conveyed property will merge and not have any residences." Further, there is a letter in one of the files dated April 13, 1988, addressed to,the Planning Board from Nicholas Kordas, attorney for Lambros and Matrona Siderakis, who had acquired the Zabicky property in 1982. The letter states that the Siderakis' are aware of the terms of the lot-line amendment and are "ready and willing to acquire the vacant land adjacent to their premises". The attorney also sent a letter to Mr. Chudiak expressing his clients' readiness to proceed. A copy of those letters are attached as well. I discussed this matter with the Planning Board at its work session of Monday, August 6th. Two of the members present were on the Board during 1985, and they emphasized that the intent of the lot line applications was to merge land to expand the size of existing lots: not to create new building lots. The record indicates that the subject lot of this memo, 19.11, was intended to be merged with two adjoining lots, and not to be retained for sale as a building lot at some future date. • Cc: Planning Board Building Department Town Attorney's Office September 19, 2002 This is regarding the property belonging to William Chudiak or whoever owns it at the present time. Tax# 1000-113-7-19.11 We the undersigned owners and residents who reside bordering the property in question are totally against any house structure which would be built there.On the town records it clearly states that no livable structures shall ever be built on this property which the planning board and building department has a memorandum dating back to June 13, 1984,concerning the property in question. e -O4 't` , .J( 47. • ,�,�� 4I/I Y'�i �,1 C 72/1242,- Gln. ; . o 1/4/ ' • iV G2S' If-I iG f��� • 01111-ine -A. IV ikev (9crung • - � � d � r L' i • mi4 1m a F i "ssf».# ,: 7�'>�,'�tsi oKi3.' � a s� ,...sC, `YF` •s, i•-!'a'�?` '�'�.. k ?e�.a>�b. r.�b?n..'.;�r ; yl !• ie trema �a`•, w s ••# , e - 't, 3 i, r-,, i . ..• r cr g zi �y # .. k % s + '� .bb � . +� nmz �.'� :+..?>% 3Y�?�+%::;o,�..�:> o ;`,>�Av�A'"A`„ .a`�v034�t'7,y.4 i, SM A p4 1%1% .. 4 • ,,,a.::: '° 1489 S.US 301 •P.O.Box 307 •Sumterville,Florida 33585 (352)793-5900• (888)298-5510• (352)793-9558 Fax January 17, 2003 To Whom It May Concern Re: Theodore Wells DOB: 09/16/37 Mr. Wells is a gentleman under my care since 11/06/02 and is going to be under my care for his medical problems until the end of March 2003. This letter is written based on the patient's request. If you have any questions please do not hesitate to contact me at the above phone or address. Sincerely, °'ir'- C‘ . Fariborz Delbakhsh,M.D. Board Certified Internal Medicine FD/ja ra, &Irak LAKE CENTRE FOR REHABILITATION Physical Therapy • Occupational Therapy • Speech Therapy 2 January 2003 To Whom It May Concern: Theodore R. Wells is currently coming to Lake Centre for Rehabilitation for physical therapy. -He willontinue therapy for at least the next couple of months or until his doctor is satisfcwrth his progress. If you have any questions or concerns,please do not hesitate to call(352) 330-1154. Sincerely, CJ�+� 4lae•ueline Hettick r1 fice Manager Q 600 NORTH BOULEVARD WEST • SUITE D • LEESBURG,FLORIDA 34748 • (352)728-3000 • FAX(352)787-4522 018800 U.S.HIGHWAY 441 • SUITE 18 • MOUNT DORA,FLORIDA 32757 • (352)383-7800 • FAX(352)383-0607 0 409 SOUTH MAIN STREET • WILDWOOD,FLORIDA 34785 • (352)330-1154 • FAX(352)330-1004 &. \\17 ITABLE:rst-Ho 17),1 L:z, (colesevelam HC1) F\\ NOV 9 2 D EFHt_ 2-0m LA) : fro cLarE I S 4- coc? iks %lc, 1.ws o 19-Cg-1 C I ') o LA_C 'c?toKe5c- -P tiL.e.reeid.511 t.),) La-r- Cift-AsoeS ervJ aki Cy Liu-ELL S Lerr- toPe.. CA,44-Pu) ec. rue_ise rio K alit) - 7-A-C1 1 / .1. . " • A-exs o . -0 1/5 crt,o-ivLec 1 „ 1/4.1444)eat crYrrArb g U1/4-fri (A)Vt• n1 'fl P (-44-toki D ef.77 0.14-n tekto 94j -tervkl „ NOrel&C k j&Pen--- fa-e_ A- -vtLth gpyzr_. `141,A-tuici (.2%.) VAL eattlir - _ _ E-MAIL:cgLLP@I-2000.com LAW OFFICES FAX.NO.(631)765-5902 Y CAMINITI&GIBBONS, L.L.P. 53345 MAIN ROAD(FEATHER HILL) P.O.BOX 846 SOUTIHOLD,N.Y. 11971-0846 PAULA CAMINITI (631) JOSEPH H GIBBONS CAMILLE LUCARINI 765-5900 OF COUNSEL LEGAL ASSISTANT LISA M.RUDDER OFFICE MANAGER October 23, 2002 Gregory Yakaboski, Esq. Town Attorney Southold Town hall Main Road Southold NY 11971 RE: Michael PISACANO PREMISES: 1457 COX NECK RD, MATTITUCK Dear Greg. We seem to be having a great deal of difficulty in resolving this issue of non-buildability on Michael Pisacano's lot that he just purchased from Mr Chudiak. The title report did not reflect any covenants restricting the use of the property . There is a confusing memo in the Planning Board file from Valerie Scopaz concerning proposed lot line changes.We have tried unsuccessfully several times to request a conference with Valerie Scopaz but she refuses to even discuss this matter with us We feel very strongly that the C&R's referred to in the memo are not applicable to lot line changes that never took place. The building Department seems to have no trouble in determining that the lot is buildable but will not proceed without clarification from the Planning Board Without some type of clarification from either the Planning Board or the Building Department, the Health Dept. is delaying there approval. It has been almost six weeks that this matter is pending between the two departments without any resolution in sight. Would you please consider this letter a formal request for a conference with you and representatives of the Building Department and Planning Board I need to be present with my client at the conference so would you kindly call as soon as possible to arrange a mutually convenient date. I really don't want this to go any further than this. Very truly yours.7 CAMINI '' GI: :ONS lf PA ! v: INITI 1 t _ 5; lilt."' ZBA File FYI 6/1/02 thru 11/8/02. New application expected, notations below: , Mr. Pisacano purchased a lot that was left from lot line changes and/or splits—some of which may have been through Planning Board action and/or described conveyances (deeds). The land left consists of roughly 74,000 sq. ft. —please see Notice of Disapproval issued by the Building Department. The ZBA office has asked the new owner, Mr. Pisacano, to provide any information submit the prior deeds and single and separate search(listed on the instruction sheet). The building department Scott Russell of the Assessors' Office suggested he apply to the Board for action or reversal under the Lot recognition process. 11111, TITLE NUMBER PAC-3245 VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULES. THAT SAID EXAMINATION MADE TO INCLUDE 1/2001 AND SAID TOWN TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE IS 1957. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD AND TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. DATED: 2/8/2001 SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC. 8TH DAY OF FEBRUARY, 2001 o& i >7 BY: �� Z �'i►�-� NOTARY PUBLIC ALAN T. NICHOLSEN Notary Public, State of New York No. 01N14852941, Suffolk County Commission Expires Feb. 18, 2002 TITLE NUMBER: PAC-3245 SUBJECT PREMISES: 1000-113.00-07.00-019.011 ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2/56, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) ANNE CHUDIAK died 10/7/86 Suffolk Surrogates #381P1987. WILLIAM CHUDIAK To WILLIAM CHUDIAK, JOAN C. WASKEWICZ, BARBARA CHUDIAK, Trustees under THE WILLIAM CHUDIAK LIVING TRUST dated 4/28/99 Dated 10/19199, Recorded 10/19/99 in Liber 11995 page 614 (subject premises) LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. 8th day of February, 2001 By: CeU7-1,L4_2 NOTARY PUBLIC JEANNE ANSTETT, ALAN T. HOLOFFICE MANAGER Notary PublicNIC State of NewSEN York No. 01NI4852941, Suffolk County Commission Expires Feb. 18, 2002 TITLE NUMBER: PAC-3245 NORTHWEST OF SUBJECT PREMISES: 1000-113.00-07.00-019.010 ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2/56, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE To JOHN SIMICICH, JR. and CATHERINE SIMICICH, HIS WIFE Dated 5/8/84, Recorded 5/22/84 in Liber 9566 page 447 (premises and more) JOHN SIMICICH, JR. and CATHERINE SIMICICH, HIS WIFE To THOMAS HILLIKER and CHRISTINE HILLIKER, HIS WIFE Dated 11/25/85, Recorded 12/12/85 in Liber 9934 page 228 (subject premises) LAST DEED OF RECORD • Sworn to before me this PECONIC ABSTRACT, INC. 8th day of February, 2001 • 1 •� < )744.edfp,--, By: 3o- — NOTARY PUBLIC JEANNE ANSTETT, ALAN T. NICHOLSEN OFFICE MANAGER Notary Public, State of New York No. 01N14852941, Suffolk County Commission Expires Feb. 18, 2002 • TITLE NUMBER: PAC-3245 SOUTHWEST OF SUBJECT PREMISES: (NO TAX MAP NUMBER ASSIGNED) PRIVATE RIGHT OF WAY ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2/56, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 1/14/59, Recorded 2/7/84 in Liber 9508 page 105 (part of premises) ANNE CHUDIAK died 10/7/86'Suffolk Surrogates #381P1987. LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. 8th day of February, 2001 By: . -, ° alck, NOTARY PUBLIC JEANNE ANSTETT, ALAN T. NICHOLSEN OFFICE MANAGER Notary Public, State of New York No. 01N14852941, Suffolk County Commission Expires Feb. 18, 2002 • . 1.. .. F" r'"t;. _ . ... 11e.,.r.,x,,..l:..,� ..., F,x. ,ra; •.rd .. - TITLE NUMBER: PAC-3245 SOUTH OF SUBJECT PREMISES: 1000-113.00-07.00-019.019 (westerly part of premises) ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2/56, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE To THEODORE R. WELLS, JR. and RITA WELLS, HIS WIFE Dated 3/13/86, Recorded 4/9/86 in Liber 10013 page 467 (part of premises) LAST DEED OF RECORD (easterly part of premises) ARNOLD S. SACKS - To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2/56, Recorded 8/2/56 in Liber 4155 page 59 WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE To RAYMOND SANFORD Dated 7/9/63, Recorded 7/11/63 in Liber 5378 page 94 RAYMOND SAFORD To THEODORE R. WELLS, JR. and RITA E. WELLS, HIS WIFE Dated 7/11/63, Recorded 7/15/63 in Liber 5381 page 66 LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. 8th day of February, 2001 � By: per^-C,t NOTARY PUBLIC ALAN T. NICHOLSEN JEANNE ANSTETT, Notary Public,State of New York OFFICE MANAGER No. 01N14852941, Suffolk County Commission Expires Feb. 18, 2002 r TITLE NUMBER: PAC-3245 EAST OF SUBJECT PREMISES: 1000-113.00-07.00-016.000 ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2156, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE To STANLEY V. BECKER and MARY E. BECKER, HIS WIFE Dated 10/19/60, Recorded 10/24/60 in Liber 4894 page 415 (subject premises) STANLEY V. BECKER died 1/3/86 Suffolk Surrogates #1140P1986. LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. 8th day of February, 2001 By: 414-s Ce NOTARY PUBLIC JEANNE ANSTETT, ALAN T. NICHOLSEN OFFICE MANAGER Notary Public, State of New York No. 01N14852941, Suffolk County Commission Expires Feb. 18, 2002 TITLE NUMBER: PAC-3245 EAST OF SUBJECT PREMISES: 1000-113.00-07.00-015.000 ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 8/2/56, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE To ARTHUR J. BALDWIN and FRANCES K. BALDWIN, HIS WIFE Dated 8/15/66, Recorded 918/66 in Liber 6027 page 569 ARTHUR J. BALDWIN and FRANCES K. BALDWIN, HIS WIFE To FRANK ZABICKY and AGNES ZABICKY, HIS WIFE Dated 4/29/71, Recorded 5/14/71 in Liber 6931 page 178 FRANK ZABICKY and AGNES ZABICKY To LAMBROS SIDERAKIS and MATRONA SIDERAKIS, HIS WIFE Dated 11/1/82, Recorded 11/10/82 in Liber 9268 page 228 LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. 8th day of February, 2001 By: NOTARY PUBLIC JEANNE ANSTETT, ALAN T. NICHOLSEN OFFICE MANAGER Notary Public,State of New York No. 011414852941, Suffolk County Commission Expires Feb. 18, 2002 TITLE NUMBER: PAC-3245 NORTH OF SUBJECT PREMISES: 1000-113.00-07.00-013.000 ARNOLD S. SACKS To WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE Dated 812/56, Recorded 8/2/56 in Liber 4155 page 59 (premises and more) WILLIAM CHUDIAK and ANNE CHUDIAK, HIS WIFE To PHILLIP NEUDECK and LUCY NEUDECK, HIS WIFE Dated 5/7/60, Recorded 5110/60 in Liber 4807 page 239 (subject premises) LAST DEED OF RECORD Sworn to before me this PECONIC ABSTRACT, INC. Stn day of February, 2001 By: b NOTARY PUBLIC JEANNE ANSTETT, ALAN T. NICHOLSEN OFFICE MANAGER Notary Public,State of New York No. 01N14852941, Suffolk County Commission Expires Feb. 18,2002 y�►1�� 1�$i71%/l>1����:1�� • <KATI12.4114HI'f S:1 411•IdDATIPT4UU4.1' ■ Complete items 1,2,and 3.Also complete A. Signatu - �/ item 4 if Restricted Delivery is desired. / !G Agent IN Flint your name and address on the reverse Xt1 `,( J, ❑Addressee so that we can return the card to you. B. Re eived by(Printe•'Name) C. B ate o Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. `►A .5, 1. Article Addressed to: D. Is delivery address different from item 1 T' 0 - if YES,enter delivery address below: G No eLt(eShAe_1114y 3. Service Type ❑Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label' 7001 0320 0005 6709 3926 PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-Z-0965 UNITED STATES POSTAL SERVICE First-Class Mail II Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 1JJ1i-o S,+--c tet' /g3 ) //9 7 / ittfi�fttiitift{4fltttltltlttl3#ilftitifflilttifilfiFl y=1►I.»:w.rIwJI*01/1.1MM*Sir.J. W•Dnrl1r-4r-0r .-L-WorraarrrMux:1- ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B eceived by( f:.N. ell C. Date f Del ery III Attach this card to the back of the mailpiece, or on the front if space permits. GS / J - i`_. ✓3 D. Is delivery address different from item 1? n Yes 1. Article Addressed to: if YES,enter delivery address below: 0 No 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number- . . :7001. 0320 - 0005 6709 3933 (Transfer from service,`labe R_.y :.-_ -- PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-o3-Z-0985 UNITED STATES POSTAL SERVICE 111111 1 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • rr ke-h r L (P S -CP ( \' ' G -ge)u 0'3 i Via ::; c, .3 may 1/9 7/ i,,,ii,!liiiliUt,Ui!„ttii,,,t,i„,i„t,tlt,,,iil,l,iitlil,t SENDER:COMPLETE THIS SECTION iiKetdaN414;.76x9xelll[omololiUgiDIga' ■ Complete items 1,2,and 3.Also complete A. Sig ature item 4 if Restricted Delivery is desired. - 0 Agent ■ Print your name and address on the reverse X J ❑Addressee so that we can return the card to you. B. Recei d by(Printed me) C. D e ofDelivery MI Attach this card to the back of the mailpiece, I I or on the front if space permits. °RG!111! l treat/R.5 -a/2_1/ 0 3 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes if YES,enter delivery address below: 0 No if_6-) //✓CLAS 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes A 2. (Tr nsfecle from 700,1 0320 0005 -6;709 3902 (Transfer from service!aj _ PS Form 3811,August 2001 Domestic Return Receipt 2ACPRl-o3-Z-0985 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ;11,c_4L (4-- sc-c o o ,TR G. —sox. i 73 I 5a 1-1--cL () , `f /197 / llil113,,I1131l13111d1'.ililiiiitillliliillh in d im il{il ili yDE•: Ke/immardalyd.it; • COMPLETE THIS SECTION ON.DELIVERY • ,- II Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Relivery M Attach this card to the back of the mailpiece,' or on the front if space permits.- 1. Article Addres fed to: D. Is delivery address different from item 1? 0 Yes if YES,enter delivery address below: ❑No E 1.c t - 41Ci S do 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7001 0320 0005 6709 3919 - - (Transfer from service label _ �^ PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-Z-098f UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 1)1 PtELs CAr G. / C \ . vv`' //9-) 1 ■ Complete items 1,2,and 3.Also complete A. Signature /I f item 4 if Restricted Delivery is desired. X �` •� gC gent II Print your name and address on the reverse ❑jAddressee so thatcan return the card to you. ( eive py Minted v�'amC.r a e of DOliyery INAttachchthis card to the back of the mailpiece, 1, II' Ream_ c or on the front if space permits. D. Is delivery address different from item 1? yes 1. Article Addressed to: if YES,enter delivery a dress below: 0 No ���� ,6° pads37 t y H52, 3. ice Type SeTeertified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article 7001 0320 0005 6709 3896 Number (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-Z-0985 UNITED STATES POSTAL SERVICE First-Class Mail I 11111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • (C-- L ?Is-Re-244-K) P. a- '&)X (93 1 S�cr,—F1 vc i) io y 5 11 � 71 `4f111411fg rilAMIMICII:1:14i11110 COMPLETE THIS'SECT/ON ON DEL • Complete items 1,2,and 3.Also complete A. Si.nature item 4 if Restricted Delivery is desired. J /r Vent 11 Print your name and address on the reverse Addressee so that we can return the card to you. B. Recei ed by(Printe. ame) z C. Da,of D livery INAttach this card to the back of the mailpiece, /1 ta /1 03 or on the front if space permits. D. Is der ery address different from item 1? 0 Ya 1. Article Addressed to: if YES,enter delivery address below: AV/Z-67(4/D6/ 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number . . :70.01: 0320; 0005 ;670 9 ; 3940; :; l (Transfer from service label) .o. .. .. . . . _ .. . ....-_ _ ; PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-Z-098t UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box . /4.-J/4;- -Z /11",.. c.:Ai-k,•76 , a. /,.Y ,ie• /9?/ S'au7.----/-740c_d il// // --7/ ' , 1.11„Ailauluamiliimiantinihiumnahini WS-. - •sta _` a-- u s REs34I2 •omestic Yal •ny; To nsurance overa.e Provided O , m MATTTTI FM, 'NY L11 ij5t4 a" Q' Postage $ 0.37 UNIT ID: 0952 O r` Certified Fee 4 Return Receipt Fee - - ,i 1-17 (Endorsement Required) 1 5 0 O Restricted Delivery Fee l FEB c er•:• KV 8K3 O (Endorsement Required) J'^O�� O Total Postage&Fees $ 4`-,42 \...0::!/12/03, o Sent To it ( Z 0 LA)S `1-0 1152 Street,Apt.No, O or PO Box No (j_ —1°1c '71 7_. O City State,ZIP+4/0/ /1"-/ / // 1-7--- PS Form 3800,January 2001 See'ReVerse for Instruc'. R I IED , L ' _ 074111- •omesttc at •n y; 'o nsurance overa•e Prow.e. m MATT-TRICK, NY 1'1195 ' E• Postage $ 0.Nc 6 1.J�T ID: 09" O Certified Fee <904, stm,.11 k Return Receipt Fee -' He 1-n (Endorsement Required) 1•[+ - O �0 O Restricted Delivery Fee -, D8KJ O (Endorsement Required) -- O Total Postage&Fees $ 4.42 02/12/03 fl-1 m Sent To Street,Apt No, Oor PO Box No Grl/• s 7 O City,State,ZIP+4 C •.. . 9. WIWI f. CERTIFIED MAIL R siAIa- (Domestic Mar 0 nly;, o nsurance -overage Provided wii n-I c17:1- A _ MATTITUCK. NY 1195, O"' Postage $ 0.37 UNIT ID: 0952 O Certified Fee ..n 2.30: a le-i • rk Return Receipt Feegm , (Endorsement Required) 1CI st / , O Restricted Delivery Fee it lerk: KVD„K I '- 1=1 (Endorsement Required) /) Total Postage&Fees $ 4. 2 \ 02/12/ 03 TLI 0 Sent To � L� L. 7_1193 0 or PO Apt No, 7f 7 r or PO Box No 6....,,,e- rJar 4911 O City,State,ZIP+4 r !I?i (7 %/i(Z PS Form 3800,Janua '2001 See,Reverse f.r t cies t. . -osta . e CERTIFIED MAI:L RE U-= ,(Domestic.Mail Only)No Insurance Covera•e Provided- U- . .. - m _ALBERTSON, t + 1 it -u •_> ':-., E' Postage $ 0.37 UI L a_ - -17.1 2.30 Fee `.30 Post Return Receipt Fee III `U F,p Here �j Ln (Endorsement Reququired) � O Restricted Delivery Feelerk.40K1 O (Endorsement Required) — Q O Total Postage&Fees $ 4.42 `c' ' 03 7(./7IllP m Sent To o . -s ) 0 E r201 C( ��� teaz/S a Street,Apt.No, CI or PO Box No /5 G ,A ii,/c r%f' ,e51rf�2 O City,State,ZIP+4 I / ,1r.?zrc' AA/- //I-477 P r . :10. .ii : 2901 Se-Reverse for Instils ix. 1 ° e,r o: Is- CE-TI s CE-TI :I 1 A� '"I:irdi (Domestic a my No •_ iiiiii I, m EIRMINEIMOPIrgiqeM5 OPostage $ 0.37 J �r"" i ,45,7 rs- Certified Fee = - `3 i i • Postman' Ln Return Receipt FeeMEM 2 X43 (EndorsementntRequ Required) O O Restricted Delivery Fee . k' KV!-KJ O (Endorsement Required) alt i ,f O Total Postage&Fees $ .4.42 i,_-.,A, i ru rrlSent To o 'ie.4 7 e iz/r//.-76 e V Street,Apt No, O or PO Box No. 0'\( T' J X/ O City,State,ZIP+4 `97-7— e _/ /'cr-a ITV-P;"w'MIPuri,"Flr`7�i,iI i 3"?I1!9,!!!!11,?MTV! d. . .-osglii' • CERTIFIED'MAIL RE m0oinestic Pal 4)n,; 'fo assurance overa•e.•rov:.e. r,t tr �-t oO Postage �t `i� a.,52 [`- Certified Fee ...13 - ' ! P.stmar turO Ret Requipt Fee 200 Here (Endorsement Required) Mini i O Restricted Delivery Fee MUM C1erk° KVU:k.3 O (Endorsement Required) t CI Total Postage&Fees11111M1 4', :^ 1 m Sent To O /r/LL//6e- .-7 Street,Apt No., . 1=3 / p or PO Box No e7. eak/ 2y O City,State,ZIP+4 l r- /V/1 "V/ //.rz 'pS FOm,3800,January 2001. u See Reverse for In`structio.e ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW'YORK x In the Matter of the Application of AFFIDAVIT M OF (Name of Applicants) MAILINGS CTM Parcel #1000- 0-3 - - /i i x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ci)/L residing at /aye /10A,r=€4 /1' 72, �jjo +c�7 , New York, being duly sworn, depose and say that: On the 1 / day of I , 2003, I personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal • Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the 0.1-Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular rigbttof- way of record, surrounding the applicant's property. c /4 / % d — (Signature) Sworn to befpre me this Lday of 116---A 2-a1921,7 , 200Th CAMILLE LUCARINI Notary public,State of New York No.4910722 (No blic) Qualified in Suffolk County Commission Expires I I))tp l bS PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 4 - 113 - 7- Ketl i YU all Law © . for 7 � 113 - 7 - 1 5. lO TIf0 x+45 14- 1 m per--- yk.'`l 1 1 cZ 113 '7- 11 . 15 `)eG-t�,n.0 14-)Se--1, &v-cC- L �2c� 7 - 13 L_ LX ,U u O E c-K ?'4 i, 1 k � f 113 - 7 - ) / ►� - - 1S � 8 � 51 tcn A-rurey t i caL,1 o M c-1t-144 LgAi F}u`C✓ �. 113 Ecr--e rZ "e- 1 ten re--�-i- IL)'-( °f Sr�- 6 �Y d • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT (1')id Fecf-- i s -ca-Aro OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- //3 - 7 - /�'_ // x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, G�i � 44J residing at /05/0 A kih /2f au-rteL0 , New York, being duly sworn, depose and say that: On the /7- day of G-c , 2002, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, whic h ar gpte was shown to be (Signature) Sworn to before me this //'day of V&-biv4 200 j. cip,mILLE.t UCIkRti\1 York • // Pttbllc,State oiNew No. 4910722 �t)�tt�l�et tip Su�ollc County (NOt.,1 'GoIic) a,, "4�.- ionExPlres ) I 4(c'` *near the entrance or driveway entrance of my property, as the area most visible to passersby.