HomeMy WebLinkAboutPawluczyk, Bertha ELIZABETH A. 1NqI-EArI'T J~E
TOWN CLERK
REGISTI{AR OF VITAL STATISTICS
1U_AI~RIAGE OFFICER
RECORDS MAINAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P_O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF WH ~: TOWN
TOWN OF SOUTHOLD
February 19, 2004
Abigail Wickham
Wickham, Brcssler, Gordon & Geasa, PC
P O Box 1424
Mattituck NY 11952
Re: Estate of Bertha Paxvluczyk Waiver Request
Dear Ms. Wickham:
It is my pleasure to infom~ you that the Southold Town Board, at its meeting held
Tuesday, January 20, 2004, adopted resolution No. 74 granting the request for a
waiver of the subdivision moratorium for the property identified as SCTM #I000-
84-5-4. A certified copy of the resolution is eRclosed.
Very truly yom-s,
Elizabeth A. Neville
Southold Town Clerk
ERC.
cc: Irene Stulsky
Er J~.&BETIi A. NEVILLE
TOWN CLERK
REGISTRAR OF ~T~ STATISTICS
~GE OF~CER
~CORDS ~AG~T O~ICER
F~EDOM OF ~O~ON OFFICER
OFFICE OF THE TO~ CLERK
TO~ OF SOUTHO~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nortkfork.net
THIS IS TO CERTIFY TH.aT THE FOLLO~VING RESOLUTION NO. 74 OF 2004 XVAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 20, 2004:
WHEREAS an application has been made by the Estate of Bertha Pawluczyk for a waiver
from the provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary
Moratorium on the Processing, Review' of, and making Decisions on apphcations for Major
Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit
the Plauning Board to consider an application for a minor snbdivision for the parcel of property
known as SCTM# 1000-84-5-4; and
WHle, REAS the application involves the subdivision ora 4.19 acre parcel into 2 lots; and
WHEREAS the Toxm~ Board has reviewed the file, conducted a public heating, and considered
all pertinent docun~ents; and
WltEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal
Procedure) of Local Law #3-2002 and the extensions of said Local Law, and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to
vary or waive the application of any provision of this Local Law, in its legislative
discretion, upon its determination, that such variance or waiver is required to alleviate an
extraordinary hardskip affecting a parcel of property. To ~ant such request, the Town
Board mnst find that a variance or waiver will not adversely affect the purpose of this
local law, the health, safety or welfare of the Town of Southold or any comprehensive
planning being undertaken in the Town. The Tox~m Board shall take into account the
existing land use in the immediate vicinity of the property and the impact of the variance
or waiver on the water supply, agricultural lands, open and recreational space, rural
character, natural resources, and transportation irr~astructure of the Town. The
application must comply with all other applicable provisions of the Southold Town Code.
WHEREAS the Town retained a "moratorium group" consisting of in-house and outside
plauners and attorneys who have developed a "Comprehensive Implementation Strategy" of the
Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently
being undertaken includes, but is not limited to, 80% preservation of open space throughout the
Town and a 60% reduction in density, clear estabhshment of the Hamlet Centers, and a possible
Transfer of Development Rights component (a full description of the "action" is set forth in the
SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive hnplementafion
Strategy which is incorporated by reference into this decision); and
WHEREAS, planning work is proceeding during the moratorium, which was extended January
6, 2004 for an additional 180 days. _ The issues facing the Town of Southold and possible
solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and
the Town contimtes to face significant development pressure; and
WltEREAS the Town Board finds that the applicant has demonstrated an extraordinary
hardship, in that the beneficiary of the estate will be unable to make needed repairs and obtain a
necessary mortgage on the property wfthout the subdixfsion. Further, the Estate cannot be fully
distributed until the property is subdivided, and the entire parcel may have to be sold; and
WHEREAS the Town Board finds that the application is not in contrast with the extensive
plamfing initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of
Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of
the Local Law # 3 of 2002 and the extensions thereof; and
WHEREAS the Town Board of the Town of Southold finds that the application will uot
adversely affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Toxvn Board of the Town of Southold finds that the minor subdivision
application is consistent with the existing land use in the surrounding area and has a minimal
impact on water supply, rural character, natural resources and transportation infrastructure of the
Town; and
WltEREAS the Town Board of the Town of Southold finds that the application has no effect on
agricultural lands and open and recreational space; and
WItEREAS based on the application, all relevant documentation, the comments set forth at the
public hearing on this matter, the comprehensive planning currently being undertaken by the
Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the
extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to
the criteriag aud noxv, therefore be it
RESOLVED by the Town Board of the Town of Southold that the application is hereby
approved.
Elizabeth A. Ne¥ille
Southold Town Clerk
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 20, 2004
8:00 P.M_
HEARING ON TI-IE WAIVER FROM THE SUBDIVISION MOR_,XTORIU3'[ REQUEST OF
THE ESTATE OF PAWLUCZYK~ SCTM #1000-84-5-4.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Tow~ Clerk Elizabeth A_ Neville
Town Attorney Patricia A. Fimlegan
COUNCILMAN W[CICHAM: NOTICE IS HEREBY GiVEN that the Toxvn Board of the Town of
Southold hereby sets 8:00 p.m.~ January 20~ 2004 at Southold Town HalL 53095 Main Road,
Southold, New York, for a public heating on the application requesting a waiver fiom
the provisions of the Local Law' entitled "Temporary Moratorium on the Processing,
Review of, and making Decisions on the applications for Major and 'Minor Subdivisions,
and Special Use Permits and Site Plans containing dwelling unit(s) in the Toxxax of
Southold" for the subdivision of the Estate of Pawluczyk for the parcel identified as
SCTM# 1000-84-5-4 located at 26170 Route 48, Cutchogue.
I have a mtmber of conununications about this but first I have a notification that it has appeared on the
Town Clerk's bulletin board outside the door, it has also appeared as a legal in the Traveler-Watchn~an
new'spaper. There is a letter fxom our Plamfing Board, which I believe is dated today although the date
doesn't appear on it. "Dear Mrs. Neville, The Planning Board has reviewed the proposed amendment
to Chapter," oops, wrong one. There we go, good thing I have someone that can help me with this.
Dated December 16. "The Planning Board has reviewed your request for comments on this waiver
petition. The Planning Board has agreed that the applicant has demonstrated legal and financial
hardships. In the following paragraphs, the Board ~x41l address this request in the context of land use
planning, consideration of any other comment is beyond the scope of this reVmw." And they go on to
explain where the parcel is located, the parcel is in agriculture, the dominant land use in the x4cinity of
a~onculrare, improved residential lots are located to the east, north and south ranging fi:om .9 to 1.8
acres, The parcel to the east has sold development rights to Suffolk County and is fallow. The parcel
to the west has also sold development rights to the County and is in agriculture. Based on the above,
the proposed action wonid not significantly deviate fiom the general area land use, the intent of the R-
80 zoning district and the parcel sizes to the east and suntl~ Following the potential improvement of
the proposed lot 2, with one single_family residence, the view shed fi:om Route 48 is expected to be
January 20, 2004 I 2 '~L~.
Public Hearing-Pawluczyk Waiver
minimally impacted. Several agricultural and support structures, including a large barn, ctm-ently
occupy lot 2_ A future residence could be located to the south of the structure to minimize visual
impacts. All efforts to minimize the interruptions of the view shed will be taken through the use of the
existing agricultural structures and implementation of non-disturbance vegetation buffers_ Visual
impacts will be assessed as part of the SEQKA section of the town code_ Transportation i~ffrastructure-
the proposed action is located on Route 48, County road. Transportation impacts xvill be assessed
separately. Natural resources section on water supply-proposed action is expected to use private wells,
san/tary disposal will be managed by on-site, underground leaching systems. Rural character-the
proposed action will impact rural character. The parcel is currently located within the A-C zoning
district. The A-C zoning district is intended to permit low density, residential development integrated
with agricultural conservation. The proposed action may result in the development of a vacant parcel
with one residential structure. Visual screeinng should be employed to mitigate impacts through the
use of vegetative buffers between agricidtural land and any new construction. The property is not
rotated ~vithin an identified hamlet and therefore no impacts to the rural, cultural, commercial and
historical character of the hamlets are expected_" There is a section on agricultural lands. "Douimant
soil types are haven long 02, percent slopes-capability unit 11, the soil is located as prime agricultural
soils. Open space and recreation-the location and current use of the property provided open space to
the surrounding residential cornmanity, due to the private ownership of the parcel, the potential of
recreational use is low. Based upon the above, it is the Plarm/ng Board's finding that the proposed
action does not fully support the planning objectiYes of the Town of Southold xvhich include
preservation of farmland and agriculture, preservation of open space and recreation, preservation of
aural, cultm-al, historical and commercial character of the hamlets and surrounding areas. However, the
Plauning Board does find that the size, location and current use of the parcel supports the To~m goals
to the practical extent and therefore should be considered in the review of this petition.
Correspondingly, the Plmming Board finds that the proposed action is consistent with the surrounding
land use and intent of the zoning district and therefore recommends that the Toxvn Board grant the
waiver." I don't believe that there are any other important, there are a nunther of bureaucratic
messages back and forth, I don't believe that there is any other comment about this partictdar
application before us_
SUPERVISOR HORTON: Thank you, Councilman Wickham. I will open the floor to the public to
address the Board on this public hearing_
GAll, WlCKHAM, ATTORNEY FOR APPLICANT: Good evening, my name is Gall Wickhan~ and I
am here to represent the Estate of Bertha Pawluczyk, which has made this application in order to affect
the provisions of her will. The property, as you may have gathered fi:om the correspondence
previously, is slightly over 4 acres and it is on the south-east comer of Route 48 and Bridge Lane in
Cutchogue. It is in a mix of many residential homes and there are a whole series of one-acre lots with
homes on them immediately to the south of tiffs property along Bridge Lane. The property contains a
small home which has been in the family for many, many years, a fairly large ham and about two acres
which is rented to a farmer since the Pawlucz-yk's were unable to farm for the past several years. The
will, which Mrs. Pawluczyk drew in 1974 proxdded that one acre, which included the house, would be
left to her daughter Stella and the remainder of the property would be left to her daughters Stella and
Irene. Unfortunately, shortly after Mrs. Pawluczyk died, her daughter Stella died as well and the heirs
of Stella are the two sons of hers who are Christopher and Charles Witzcak. I have here tonight here
with me, Irene Stulsky, who is one of the daughters of Bertha Pawluczyk and Christopher and Charles
January 20, 2004 ~, 3 ~
Public Hearing-Pawluczyk Waiver
Witzcak, who are the sons of Stella, the other daughter who died. What we are trying to accomplish is
to enable the Witzcak boys to remain in the home that their family has owned for many, many years.
Ii this subdivision cannot be accomplished, then the entire four-acre parcel will have to be sold and
they will not be in a position to afford to acquire another house since the two boys would only get half
the proceeds. Currently, one of the boys works in the IGA in Southold and lives in the residence, the
other is a New York State trooper who lived there until recently and is now be'rog transferred back
here, so they would both like to be able to maintain that family homestead for their own. As I said
before, if the property is sold, they will not be able to do that. The impact on the aural character that
the Planning Board referred to is really min/mal if you look at the property, the property is up against
the railroad tracks, it is a comer parcel and any house that would be located on the property that would
be set-off would be shielded by the ham, which is quite prominently visual flora the road. So there is
not going to be any detriment to the visual characteristics along Route 48. The two acres that are
farmed now are unfortunately not viable to sustain an independent farm'mg operation, they are rented
to, I believe, Sang Lee farms and that will continue as long as possibl~ but the disruption of that
particular agricultural actixSty is not going to have any significant impact on the agriculture of
Southold Town nor could an agricultural operation sustain itself on that two acre parcel. So, I think
that the need of the family is extreme in having to be able to pursue this subdivision and we ask that
you consider all of the factors, the financial hardships and the ramifications to the To~m in ganting
this subdivision. If you have any questions, perhaps we could answer them either myself or a member
of the family?
SUPERVISOR HORTON: Do any members of the Board have questions for the counsel? (No
response) Thank you. Would anybody else care to address the Board on this public hearing? (No
response) We will close this hearing.
Southold To~m Clerk
:~c NOTICE OFPUBLIC"
· ·NOTICE - IS HEREBY
· GUv~EN that the To~xm Bo~d of
the Tm~ of Southold hereby-
:se~s 8:00 n.m. Janua~,
d;20~4 at Southold To~
53~95 5~ai~ Road. Southold
;~w York, for a public he~g
n .the a~Hcatio~ reques~g a
wawer from ~e proxisions of
~e Local Law ~titled
........ ~h-
::~auons f~ Major ~d
~ub{xisiofis, ~d S~ciM Use
?elmts ~d S~te-P~ conta~-'
~t ~oa~told fi)t ~e sub~v~iba
~0~0~84-5-4. loca~d at
~Gffte 48, ~Cho~e.
~v 0~ o~ ~o~
~J'SOUTHOLD
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising'
Coordinator, of the Traveler ~Varchman,
a public newspaper printed at Southold,
in Sta~olk Comity; and ~at die notice of'
whicf~ the annexed is a printed 'copy, has
been published in said Traveler
~atchman once each week
for ........ ~...week(-s~ ,¢~auccessively,
co ~n}n'~j.~n~ cing on the ..... ./].~ ......... day of
r" ,2004,
Emily Hamill
NOTARY PUBLIC, State of New York
No. 01HAS059984
Qualified in Suffolk CounD'
Commission expires May 06, 2006
'- ~!~EGAL NOTICE: . ~'~
NOTICE OF PUBLIC '
HE.~RING
~ .:'NOTICE IS HEREBY
YGIVEN that the Town Board of ,
L the Town of Southold hereby
'sets 8:00 mm: ,~Januarv 70
~:.~2004 .at. Southold Town l~al!
~:53095 Maht: Road: Southold-
:Ne'w;York~ £or a public heating
on the applica6on requesting a
:: x~'aiver fxom the provisions o£
the Local Law' entitled
"Temporary Moratorinar off the~
i Processing~ Rex4ew of,. and
( maldnwDecisions on the appli-i
:cations for.,Major hnd 'Minor:
· Subdivisions; mad Special Use,
[' Permits and Ske Plans contain-,
i lng dwel/ing fink(s) in the To,a~,
': of Soufhold for~the, subdiws~an
v6f the EState of:PaWluczyk for
~:the parcel identified as SCTM# I
~I000-84-5-4: loCated'at _96170
~oute 48~ Cutchogue. ~ :
~; Dated: Deeember:16, 2004
BY ORDER OF THE
!'i TOgrN OF- SOUTHOLD
~}~' Elizal:eth NcviIleTown Clark
,'~ . 1X I/~[04(~63)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator, of the Traveler Wcttchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchman once each week
for ....... /.'._.week(~ successively,
coml~agitcing on the ........ /_ ....... da3' of
...... ,:oo4.
.... !._
SW.9~,~ tq b~e.fo, re, me this ..... /....day of .
004.
Notary Public
Emily Hamill
NOT.~RY PUBLIC, State of New York
No- 01HAS059994
Qualified in Suffolk Counl3'
Commission expires May 06, 2006
BENNETT ORLOWSKI, Chairman
RICILtRD CAGGIANO
X~TLLL~I J. CREMEBS
KEIN-NETH L. EDWARDS
MARTIl~I H. SIDOR
P.O. Box 1179
Town Hall, 53095 State Route 25
Sou~hold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Ms. Elizabeth Neville, Town Clerk
From: Bennett Orlowski, Chairman
Re:
Request or Waiver from Local Law Temporary Moratorium on the
Processing, Review of, and making Decisions on the applications for
Major and Minor Subdivisions, and Special Use Permits and Site Plans
containing dwelling Unit(s) in the .?Fown of Southold for Estate of Bertha
Pawluczyk SCTM# 1000-84-5-4/
Date: December 16, 2003
The Planning Board has reviewed your request (dated November 19, 2003) for
comments on the above referenced waiver petition at its December 15, 2003
worksession.
The Planning Board has agreed that the applicant has demonstrated legal and
financial hardship.
In the following paragraphs, the Planning Board will address this request in the
context of land use planning; the consideration of any other comment or issues is
beyond the scope of this review.
The parcel is located on the south side of Middle Road C.R. 48 in Peconic in the
A-C zoning district. The proposed action involves the subdividing of a 4.19 acre
parcel (SCTM# 1000-84-5-4)into two lots; where lot 1 is proposed as a clustered
1 acre and lot 2 as 3.27 acres.
Land Use - The parcel is in agriculture. The dominant land use in the vicinity is
agriculture. The subject parcel is zoned A-C. The zone requires a minimum of
80,000 square feet per lot. The zoning district A-C is located to the east, west
north and south.
ERIC d. BRESSLER
ABIGA~LA, WlCKHAM
LYNNEM. GORDON
LAW OFFICES
WlCKHAM, BRE$SLER, GORDON 8,: GEASA, P.C
[3015 MAIN ROAD, P.O. BOX 1424
MATTITUCK. LONG ISLAND
NEW YORK 11952
63l-g98-8353
TELEFAX NO. 631-298-8565
wwblaw~aol.com
November 25, 2003
Toxxm Board, To~m of Southold
Post Office Box 1179 53095 Main Road
Southold, New York 11971
Re: ESTATE OF BERTI:L& pA~%UCZYK
Bridge Lane and Co. Rt. 48, Cutchogue, NY 11935
SCTM#1000-84-5-4
T~
-r~
WILLIAM WICKHAM ~o~-oa,
MELVILLE OFFICE
~75 BROAD HOLLOW ROAD
SUITE III
MELVILLE. NEW YORK 1~747
RFC I 2003 '..
GentlemerCLadies:
Enclosed is a photocopy of the will which is referenced tn our No~ ember 1~.
letter, requesting a waiver from the moratodtun-
Vei3: truly yours,
~_ W~ ic .kham -
~,Lt W lb
30 shrbwap
To~ ~outhold
~ I dirge7 tltat ali ~v ~)us~ de~a ~,¢ f~erml e~en~$s be
)~d as soon ~fter ~ ,ie~e~se as mzy be
~EOCI~D: I give ~d kequeatk the follcwi~
W~ ~Z~.
~: All th~ ~s~: r~sidue ~'~ rem~m<l~r
;ate I give, devise ~d ~e~ue~th vo ~v husb~ D~TTCI~
be ~s absol~tely.
3CURTH: In the even~ ~h~-: ~ said husb~d~ ~I~OI'iE
follows:
(1) FI'~ ~ ($500.00) DO~ to each of ~y ~r~udchildren
(2) ~ residence ~d contents wi~ one acre of l~d to ~ d~u~h~er~
ST~ %.~I'CZ~: or her iesue.
(3) AlL the re~t, residue ~d reminder rJ ~ ~o ~aughter~
IP~{E S~ ~d S~i ~w~TGZ~, sh~ ~-,d shoe alike, or to their
Bertha ~a~luc zyk
~spee~'vc /,i~es of r~t~enee.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 M,a/n Road
P_O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Talephone (631) 765-1800
southoldtown~ortl~ork.ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Supervisor & Southold Tm~m Bo~d Members
Town Attorney Gregory Yakaboski
Town Planner Valerie Scopaz
Clerk Elizabeth Neville ~
From:
Town
Re: Request for waiver on Moratorittm
Date: November 19, 2003
Transmitted, please find request for a wa/vet to the subdivision moratorium on property
located at Bridge Lane and CR 48, Cutchogue, SCTM# 1000-84-5-4. Please review and
prepare a written report of your recommendations and findings. Thank you_
ERIC g. BREBSLER
ABIGAIL A, WICKHAM
LYNNE M, GORDON
WICKHAM, BRESSLER, GORDON ,o,,. GEASA, p.c.
13015 MAIN ROAD. P.O. BOX 14~4
MATtITUCK, LONG ISLAND
NEW YORK I[95~
TELEFAX NO. 63[-298-8565
wwbi~w@aoI com
November 13, 2003
WILLIAM WICKHAM
MELVILLE OFFICE
~?B BROAD hOllOW ROAD
MELViLlE. NEW ¥ORR
63 I-B49-94BO
RECEIVED
Toxx~ Board, Tox~'n of Southold
Post Ofrice Box 1179 53095 Mah,. Road
Southold, New York 11971
Re: ESTATE OF BERTHA PAWLUCZYK
Bridge Lane and Co. Rt. 48, Cntchogue, NY 11935
SCTM#1000-84-5-4
1 ol/ 4
GenflemerffLadies:
We represent the Estate of Be~aa Pawlucz3. qc, who died on August 6, 2002 o~x-ning a
4.2 acre parcel of land containitxg a residence mad a baru with assorted accessot3'
smtctu,'es. The prope~y has been in the Pawluczyk family for many years. Mrs.
?a~quczyk's will, draxx~ in 1974, left the residence with one acre to her daughter, Stelia
Witczak, and the remainder of the property to her two daughters, Stella Witczak and Irene
Stutsky. Irene Sm!sk~. is the executor of the estate and has asked us to apply for a
subdh is/on to di~ ide the house and one acre fi'om fl-~e remainder of the property in
accordrmce wit~ the will. We request a waiver from the current moratorium on
subdivisions so that they ma3 proceed with a two lot rninor subdivision. We enclose a
cop3 of the wil~a copy of the survey, and the application fee o¢$250.00.
While the division would require a one acre lot in an AC zone, we will ask the
Piamzing Board to treat the subdix ision as a cluster, so that a variance would not be
required:
Our client will encounter the following hardships if the Estate is not allowed to
proceed with the subdivision because of the moratorium:
I. EXTRAORDINARY FINANCIAL HARDSHIP. A~er her mother's death,
Stella Witczak passed away. leaving the reside,.xce parcel to her two sons, -~ho reside at
the property. If the residence on one acre cmmot be subdivided from the remainder of the
property, they will be unable to make much needed repairs with theb' oxx_-,_ fiands without
running the risk that the entire prope~% cannot be subdivided and therefore wo,.~Id have rD
be sold. If the propert3, has to be sold, the cost of the necessary repairs would probably
be wasted because a new buyer wotdd most likely have other plans for the property. They
would also be urmble to mortgage the residence to fund those repairs because the Bank
would require a mortgage on the entire parcel and a co-si~atare fi-om Mrs. Stulsk3.
>mother aspect of financial hardship is that if the entire property cannot be subdivided
and therefore must be sold, the pr/ce for the entire parcel xx/ll be less than the combined
value of the two parcels separately.
2. INABILITY TO DISTRIBUTE BOTH ESTATES. Until the property is
subdivided, the Estate of Bertha Pawlukcz3k cannot be distributed_ If the will cannot be
effectuated to transfer the residence and one acre to Stella's sons., the entire propers- will
have to be sold and the proceeds divided. ~llfis would require a difficult process to
establish the value of the residence on one acre separate from the remainder. This will
also deprive Stella's sons of the ability to reside in their family homestead. With the cost
of homes in Southold Tow~, their ability to continue to reside here is highly questionable.
Further, tmtil the properB~ is subdivided, the Estate of Stein Witczak cannot be
distributed to put the house in the name of her sons. This prevents them from taking
advantage of the STAR exemption and other applicable benefits of indix4dual home
ownership.
As an altenmtive argmnent, we believe, this subdivision proposal falls under
Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002 because it qualifies as a
Set-Off xxhich meets the definition of Section A106-13 of the Southold Toxin Code.
The Plarming Board's policy xxhich would disquali~- the proposal as a set-offhas not
been codified.
The proposed lot division will not adversely affect the concerns for which the
moratorium was instituted. ]Yhe property contains no significant farmland because of its
small size. The proposal would meet current zoning criteria, and the one-acre parcel can
be clustered. The Planning Board can resolve building area issues on the larger parcel.
We ask for yonr prompt aud careful consideration of this situation. Please refer this
matter to the Planniug Board.
Very truly yottrs,
,( [/ I /i,%% ;~ [/
/
' Abigail A. Wickhmn
:L4 W. lb
30'ghdtbwap
cc: Planning Board
b'ene Stulsk)'
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 11/19/03
Transaction(s):
Moratorium Waiver
Receipt~:
0
Subtotal
$250.00
Check
Total Paid: $250.00
Name:
Pawluczyk, Estate Of Bertha
Bridge Ln & Cty Rt 48
Cutchogue, NY 11935
Clerk ID: LINDAC Internal ID: 83440
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Tox~xt Board of the Toxxm of Southold hereby
sets 8:00 p.m., January 20~ 2004 at Southold Town Hall, 53095 Main Road,
Southold, New York, for a public hearing on the application requesting a waiver from
the provisions of the Local Law entitled "Temporary Moratorktm on the Processing,
Review of, and mal~g Decisions on the applications for Major and Minor Subdivisions,
and Special Use Permits and Site Plans conta'ming dwelling unit(s) in the Totem of
Southold" for the subdivision of the Estate of Pawluczyk for the parcel identified as
SCTM# 1000-84-5-4 located at 26170 Route 48, Cutchogue.
Dated: December 16, 2004
BY ORDER OF TIlE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JANU.&RY 1, 2004, AND FORWPdLD ONE (l) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TO%%2q HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watclnnan
Town Plalmer, V. Scopaz
Tox~m Clerk's Bulletin Board
Town Board Members
Tox~m Attomey
STATE OF NE~3,? YORK')
SS:
COUNTY OF SUFFOLK')
ELIZABETH A. NEVILLE, Town Clerk of the Toxxm of Southold, New York being
duly sworn, says that on the c~-3 day of ~m~...~.a~, 200,~, she affixed a r~otice
of which the atmexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Toxm~ of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARING TO BE HELD ON: 8:00 pm on Januaw,~, 2005
Southold Town Clerk
Sworn before me this
~ ~ da3' of~ ,200'~.5
Nbtary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New¥ork
No. 01 BOG020932
Oualilied in Suffolk Co~u.n~
Term Expires March 8, ~O '~")
RESOLUTION
DECEi~H~ER 16, 2003
V- 844b
RESOLVED that the To~a~ Board of ti~e Tox~ of Southold hereby sets 8:00 p.m., January 20,
2004 at Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing
on the application requesting a waiver ~om the provisions of the Local Law entitled "Temporary
Moratorium on the Processing, Rev[ew of, and malting Decisions on the applications for Major
and bfinor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) h~
the Tox~q~ of Southold" for the minor subdivision of the Estate of Pawluczyk, located on, 26170
Route 48, Cutchogue, and idenfitied by SCTM # 1000-84-5-4.
. . [¢
/,~¥
?
\ / PROPOSED
\~. PARCEL !
t~EY MAP
SCALE 1"=600'
PROPOSED SET OFF MAP
PREPARED FOR
IRENE STULSKY
SITUA TED A T
PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-84-05-04
SCALE 1"=$0'
MARCH 15, 2005
AREA DA TA
PARCEL I 40,000.00 sq. ff.
0.918 Cc.
PARCEL 2 142,667.41 sq. fi.
3.275 ac.
TOTAL 182.667.4! sq. fi.
4,193 ac,
APPLICANT:
IRENE STULSKY
760 SEAWOOD DRIVE
SOUTHOLD, NEW YORK
11971
NOTES;
1, ELEVATIONS SHOWN THUS: 9~x ARE REFERENCED TO AN ASSUMED DATUM.
THE EXISTENCE OF RIGHT OF WAYS
AND/OR EASEMENTS OF RECORD, If
ANY, NOT ~HOWN ARE NOT GUARANTEED·
Joseph A. Inge~"qo
Land Surve~