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Home My WebLink About1000-113.-7-19.11 Tel: (631)765-4663 Fax: (631-765-4643 · ~ :~r / (?;r 7-1 Or . { ("r -JOiVAlIfif/ 1'1:1' .riff ~Aa Ka{ll/t , . ,. William D. Moore Attorney at Law 51020 Main Road Southold, New York 11971 13 May 2005 r-- \ l;,l '! MAY 3 1 2005~, I -----,- .jJ Phil Siegel, Esq Smith Finkelstein LWldberg Isler & Yakaboski PO Box 389 Lincoln Avenue Riverhead, NY 11901 i L_ - Re: Pisacano vs. Southold Zoning Board of Appeals Dear Mr. Siegel: I wanted to share with you a recent zoning board decision which reveals the arbitrary and capricious manner in which the board handled the Pisacano application. The Zoning Board's decision in the Pisacano matter now give Mr. Pisacano claims for a taking of his property and a claim for violation of his equal protection rights Wlder the United States Constitution since he has been treated differently from other owners in similar circumstances. As you will recall, Mr. Pisacano is the owner of a parcel approximately 73,000 square feet in area. In its decision the zoning board insisted on "subtracting" from his lot area a portion of his lot which is property owned by him that provides access to a property located behind his land. Having thus subtracted the area affected by the right of way, which Mr. Pisacano owns, the board declared his land was too small and that the reduced lot area of approximately 35,000 square feet constituted a "de facto rezoning" and he would not be permitted to build a home on it, thus sterilizing his land. I draw your attention to two zoning board decisions; one dated before the Pisacano decision and one dated after the Pisacano decision. These two decisions stand in direct contradiction to the zoning board's decision in Mr. Pisacano's case. In Appeal #4423 [prior to Pisacano] the zoning board granted variances to Arthur Foster. One of the lots created and approved by the planning board and the zoning board was exactly 80,000 square feet in area. However, the zoning board did not subtract the area of a right of way crossing the property when it approved the lot variances needed. In Appeal # 5655 [AFTER the Pisacano decision] William and Janice Claudio were granted variances to take a two acre piece of property and divide it into two one acre lots, each one- half of the size required by zoning [this reduction in lot size did not, apparently in the opinion of the zoning board constitute a "de facto rezoning" even though it had made such a statement in the Pisacano decision when it subtracted the right of way from Mr. Pisacano's property] One of the lots in the Claudio application included a right of way which was not deducted from the lot . . area. It is impossible to reconcile the Pisacano decision with the decisions in the Foster and Claudio approvals. Mr. Pisacano was treated differently, and unfairly from the way in which the zoning code was interpreted in the other two decisions. There is no rational, reasonable explanation for this disparate treatment. I must advise Mr. Pisacano that in light of the arbitrary and capricious manner in which his property rights were violated, he has a strong case to assert a violation of his federally protected constitutional rights. What I have presented here, is only a brief description of the conduct of the zoning board. I have not even touched upon the actions of the planning board staff member who took every conceivable action to undennine Mr. Pisacano' s applications with respect to this property. This conduct in conjunction with the zoning board's irrational, and inconsistent application of the zoning code to Mr. Pisacano should be a cause of serious concern to town officials. In this instance there is absolutely no justification for the zoning board's decision. Mr. Pisacano has been grossly mistreated and I urge your assistance in correcting this injustice without further court action. I repeat my suggestion that this matter be settled on such terms as we can reach agreement. WDM/mr c: Joshua Horton, Supervisor Martin Sidor, Dep. Supervisor ,/' Daniel Ross, council Louisa Evans, council John Romanelli, council Thomas Wickham, council William Edwards, council KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us SCOTT A. RUSSELL Supervisor \)6 MT uS A-'T -- S\- .. PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD '-' , i MEMORANDUM "II (",nor ()JQ \) ,', To: Members of the Town Board I .----' From: Kieran M. Corcoran, Assistant Town Attorney Date: January 10, 2006 Subject: Pisacano v. ZBA Please see the attached decision of Justice Mary Werner of Suffolk County Supreme Court, ruling in favor of the Town of Southold ZBA and dismissing Mr. Pisacano's Article 78 petition. This matter has been somewhat of a procedural morass, extending over several years and two Court actions, both decided in favor of the Town. The enclosed decision details that history. The instant action dealt with the ZBA's denial of an area variance for a 1.7 acre parcel in the R-80 zone, approximately half of which consisted of a right-of-way. Previously, the ZBA had denied an application on lot recognition grounds for this remainder parcel left over from a series of Planning Board-approved lot line changes that were never completed, but sold off by the prior owner instead. Following entry of this decision, petitioner must determine whether to appeal. However, failing a reversal by the Appellate Division, this property may not be recognized as a building lot, inasmuch as the Planning Board does not have the authority to create substandard sized lots. KMC/lk Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) Zoning Board of Appeals (w/encl.) ./ Members of the Planning Board (w/encl.)/ Patricia A. Finnegan, Esq., Town Attorney (w/encl.) 16317274130 SMITH.FINKELSTEIN.L SMCJm" FORM ORDER 05:24:52 p_m 01-09-2006 2/4 INDEX NO. 27756-04 SUPREME COURT - STATE OF NEW YORK TRIAUSPECIAL TERM. PART XXXII. SUFFOLK COUNTY PRESENT: HON. MARY M. WERNER JUSTICE OF THE SUPREME COURT X MICHAEL PISACANO, Peutloner(s), - against - THE ZONING BOARD OF APPEALS TOWN OF THE TOWN OF SOUTH OLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, Respondent(s). ---X ORIGINAL MOTION DATE: 1/2/0/05 SUBMIT DATE: 10/6/05 MOTION NO. 001, MD, CASEDISM PATRICIA C. MOORE, ESQ. Attorney for Petitioner 51020 Main Road Southard, New York 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971 Upon the following papers read on this petition; Notice of Petition and Petition and Supporting Papers 1.34 and exhibits A.S; Answer; Amended Petition dated August 12. 2005; Answer to Amended Petition 35-69 and exhibits 1-5: Return: Reply; It Is ORDERED that the petitioner's application for an order pursuant to Article 78 of the Civil Practice Law and Rules revlewlng, annulling and reversing certain determinations of the respondent, Town of Southold Zoning Board of Appeals flied November 8. 2004, is denied and the petition Is dismissed. In this Article 78 proceeding petitioner seeks a judgment annulling and reversing a determination by respondent Zoning Board of Appeals of the Town of Southold which denied petitioner's application for an area variance. The petilion is dismissed. Petitioner Is the owner of a certain parcel of real property located on the west side of Cox Neck Road, in the hamlet of Mattituck of the Town of Southold, Suffolk County, New York which Is Identified by the Suffolk County Tax Map # 1000-113-7-19.11 The parcel which has a "lot area" of 72,974 square feet Is substandard In the "R-BO" residential zoning distJict wherein a conforming lot has a minimum area of 80,000 square feet. (Under the applicable Code the lot area of the parcells only 32,974 as 35,000 feet comprise a flagstaff 50 foot right of way for adjacent properties, which is not included In lot area). . The property is presently undeveloped. Petitioner desires 10 improve the property with a single family dwelling. In 1985. petitioner's predecessor in title, Mr. William Chudlak, negotiated a division of lot 19.11 into four separate portions to ~e sold to his neighbors to the east, namely, Welis, Wanat, Zablcky and Becker, whose lots were substandard. Mr. Chudlak applied 10 the Planning Board for four separat~ lot line changes, which were 16317274130 SM ITH.F INKELSTEIN. L 05:25: 1 2 p.m. 01-09-2006 3/4 '. approved on December 16, 1965. Approximately 12,500 square feet of lot 19.11 was conveyed to Wells, Increasing the confonnily of the Wells parcel. In addition, approximately 18,800 square feet of lot 19.11 was wnveyed to Wanat, also Increasing the conformity of the Wanat parcel. However, the conveyance ofthe two remaining portions of lot 19.11 to Zablcky or Becker did not occur and this fact was never communicated to the Planning Board by Mr. Chudlak. Seven years later, Mr. Chudlak conveyed the remaining substandard lot of 1.7 acres to petitioner. Petitioner desires to build a one family home on the subject parcel. Upon application, the Town of Southold Building Department denied petitioner's proposal on the grounds that the subject parcel was not a recognized lot pursuant to Southold Town Code !l10Q..24. Petitioner subsequently applied to the Town of Southold Zoning Board of Appeals (hereinafter referred to as "the Board') seeking a reversal of the Building Department's determination. Petitioner's proposal wnslsted of an area of 72,974 square feet; lot width of 126 feet; lot depth of 320 feet; front yard setback of 155 feet; side yard setback of 35 feet; both side yards of 70 feet and rear yard setback of 155 feet. Following a public hearing held on July 10, 2003 respondent, denied the application an the basis that the petitioner's parcel is not a recognized parcel under the Town Zoning Code. Petitioner commenced an Article 78 proceeding challenging the Board's determination as arbitrary, capricious and not supported by the substantial evidence on the record. By Decision and Order dated May 24,2004, the Court (Costello, J.) dismissed the petition. Following the dismissal of his petition, on August 12, 2004, petitioner, by direct appeal requested that the Zoning Board of Appeals grant him an area variance pursuant to Town Law fi 267B and 277(6) and on September 14, 2004 further appealed to the Zoning Board of Appeals from the Building Department's amended September 14, 2004 Notice of Disapproval denying petitioner's application for a building pen'nlt deted August 12,2004. Following a public hearing held September 14,2004, respondent Southold Town Zoning Board of Appeals denied petitioners application for an area variance. A zoning board considering a request for an area variance Is required, pursuant to Town Law S 267-b[3][b], to engage In a balancing test, weighing the benefit to the. applicant against the detriment to the health, safety and welfare of the neighborhood or community if the area variance is granted. The zoning board Is also required to consider whether (1 ) an undesirable change will be produced In the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) the benefit BOught by the applicent can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) the requested area variance Is substantial; (4) the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district and (5) the alleged difficulty was self-created. While the last factor is not dispositive. neither is It irrelevant (Ifalz v. UtsclzlQ. 98 N.Y.2d 304,746 N.Y.S.2d 667 [2002]). Local zoning boards have broad discretion in considering applications for F'Iacll.a v. Zoni." ad. of ADO.a1.. Town 01 Southa" Index No. 277564 Page ~ 16317274130 . SM ITH,FINKELSTEIN,L 05:25:36 p_rn 01-09-2006 4/4 variances and the judicial function In reviewing such decisions is a limited one. Courts may set aside a zoning detennlnation only where the record reveals that the board acted Illegally or arbitrarily, or abused its discretion, or that It merely succumbed to the generalized community pressure. A detennlnatlon of a zoning board should be sustained on judicial review if it has a rational basis and Is supported by substantial evidence (Pecoraro v. Board of ApDeal of the Town of Hemostead. 2 N.Y.3d 608, 781 N.Y.S.2d 234 [2004]). . Here, the record establishes that the Board properly applied Town Law!i 267- b[3)[b] in considering petitioner's application for an area variance. Furthennore, Its determination denying petitioner's application for an area variance was not arbitrary and capricious, was supported by the substantial evidence, and had a rational basis ~ Pari< Estates v. Trotta, 283 A.D.2d 429,723 N.Y.S.2d 885 [2001]; Budget Estates v. Ruth. 203 A.D.2d 287,610 N.Y.S.2d 69 [1994]). Based upon the entire record before It, and balancing all the factors established, Including Its finding that petitioner's difficulty was self-created by his purchase of an un-buildable lot, the Zoning Board of Appeals could rationally find that consideration of these factors outweighed the benefit sought by the petitioner, and Its detennination denying the requested variance was not arbitrary and capricious (Ifrah v. Utschla, supra). Accordingly, the petition Is denied and the proceeding is dismissed. Submit judgment. I;;:;;'" FINAL DISPOSITlON NON.FINAL DISPOSITION x DO NOT SCAN SCAN p"~no v. Zonino Bd. Of ADDMls Tawn of ~uthald Ind"" No, 7756.04 I':f~~ - " .. . ~~ \~ --7 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, JT. St,jf,p f'8 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 . . Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELISERA nONS AND DECISION Meeting of October 7, 2004 ZBA File No. 5588 - Michael Pisacano Property Location: 1457 Cox Neck Road, Mattituck - CTM No. 113-7-19.11 I I L_ SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS/DESCRIPTION: The applicant's survey dated September 29, 1999, last revised August 6, 2003 by Joseph A. Ingegno, L.S., shows the property is vacant, with 51.31 ft. frontage along the west side of Cox Neck Road in Mattltuck, and with a total land area of 72,974 sq. ft., inclusive of 50 ft. wide right-of-way easement areas. The property is located In the R.aO Low-Density Residential Zone District. FIRST AND SECOND BASIS OF APPEAL APPLICATION: (A) On August 12, 2004, a request for an area variance, based on a direct appeal under New York Town Law Section 277(6), requesting the creation of an undersized lot, based on the applicant's land being the remainder of property left after lot line changes In 1985 in the Immediate area, and (B) on September 14, 2004, a request for an area variance, based on an appeal of the Building Department's amended September 14, 2004 Notice of Disapproval, which denied an application for a building permit dated August 31, 2004 to construct a new single family dwelling, on the grounds that the bulk schedule requires a minimum lot size of 80,000 square feet. DIRECT APPEAL REQUEST: The applicant has requested a direct appeal under Section 277(6) of New York Town Law, however, it is noted that Section 277(6) applies only where a subdivision plat contains one or more lots which do not comply with the zoning regulations. The applicant's property Is not shown on a plat showing lots, blocks or sites, with or without streets or highways, or a plat already flied in the office of the Suffolk county clerk. Therefore, the Board proceeds to the jurisdiction for applicant's requested area variance, based on the Building Department's amended September 14, 2004 Notice of Disapproval. AREA VARIANCE REQUEST: The applicant requests an area variance under New York Town law, Section 267B concerning a land area consisting of 72,974 sq. ft., instead of the code required 80,000 square feet. REASONS FOR BOARD ACTION: Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. Grant of an area variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The requested area variance involves a proposed n J .------j ) Page 2 - October 7, 200.. ZBA File No. 5588 - Michael Plsacano 113-7-19.11 at Mattltuck parcel area of 37,974 sq. ft., out of 72,974 square feet of the total property. The right-of-way and/or easement areas consist of at least 35,000 sq. ft., which Is not permitted under the code to be Included for building or density calculations Involving creation of a lot under Ch. 106 of the Town Code. Testimony was also received from neighborhood residents, who expressed concerns for a change In the essential quality of the neighborhood and the de-valuation of the nearby residential premises. Impacts from substantial filling of the applicant's property and regarding near adjacent rlght-of-ways and other neighboring land would result and the applicant has not offered expert testimony to the contrary. The board notes that the purpose of the R-80 Low-D_lty Residential District Is to provide the open rural environment so highly valued by year-round rasldents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have Inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. At the same time, the town has an obligation to exercise Its authority to reasonably regUlate the subdivision and development of land to further the same purposes. 2. The relief as requestad Is substantial. Although the total area owned by applicant Is 72,974 sq. ft., only 37,974 sq. ft. Is applicable as a single parcel for a dwelling. The 37,794 sq. ft. area meets only 52% of the code required 80,000 sq. ft. 3. No evidence has been submitted to Indicate that the proposed lot size variance will not have an adverse Impact on physical or environmental conditions In the neighborhood. Concerns were rslsed at the hearing with regard to the need to fill the applicant's property and to re-grede the land, and the creation of flooding Into other land areas due to altaratlons In re-grsdlng activities. The land Is contoured, and contains a large depression below grade level which acts as natural drainage for surrounding lands. 4. The dlfftculty for the applicant Is self-created. The property was sold and acquired wtthout obtaining a building permit or other town approval for a slngilt.famlly dwelling, and with knowledge of the appllceble R-80 Residential Zoning District. 5. To grant the substantial relief as requested results In a de facto zoning change to less than the code required 80,000 sq. ft. In this R-80 Residential Zone District. 6. This determination does not affect any prior determination by the Zoning Board of Appeals with respect to the subject property relating to Issues not before the Zoning Board on this application. RESOLUTION OF THE BOARD: In considering all of the above factors and applytng the balancing tast under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Tortora, to DENY the variance, as applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehrlnger and Tortora. Nays: Oriando and Dlnlzlo. This Resolution was duly adoptf!l3i). _ ~[:J.LO~ RUTH D. OLIVA, CHAIRWOMAN II /<,1/04 Approved for Filing ~ . · r~ /~r;, ~~ \ ~ &G~ \S,~ 1:\\\ ~ ~l\ . ~\tr' '1 r It' Town of Southold Zoning Board of Appeals Application of Michael Pisacano - for lot area variance permitting lot area of 72,974 sq. ft. instead of 80,000 sq. ft. Property- SCTM No.: 1000-113-7-19.11 Cox Neck Road, Mattituck OPPOSITION I am submitting to the you all kinds of documents and maps relating to this application. On December 16, 1985 the Planning Board approved four separate applications by William Chudiak for lot line changes to in effect subdivide a 2.39 acre parcel so that the majority of the parcel would be merged into and become part of four existing lots and the remaining portion would be a deeded right of way. The applicant was to sell 8,800 sq. ft. to my in-laws, 12,500 sq. ft. to me, 12,500 sq. ft. to Becker, and 25,000 sq. ft. to Zabicky/Siderakis leaving a right of way containing 35,474 sq. 1 . . ft. A condition of the lot line approvals was that the existing lots with houses would merge with the new property to be added by the lot line change and that only one residence would be permitted on the newly created merged lots. Thereafter, Chudiak sold 8,800 sq. ft. to my in-laws, and 12,500 sq. ft. to me, but as I understand it, refused to sell 12,500 sq. ft. to Becker, and 25,000 sq. ft. to Zabicky/Siderakis, although both Becker and Zabicky/Siderakis were ready to buy the land and complete the lot line change. On 8/27/02 Chudiak sold this land to the applicant for $81,000. I believe both Chudiak's completion of the lot line changes with me and my in-laws combined with his failure to complete the lot line changes with Becker and Zabicky/Siderakis is an illegal subdivision of land and that the entire parcel that applicant now owns is an illegally created lot. I also believe the effect of the Planning Board approvals, for zoning purposes, was to create four new lots. So, even though Chudiak did not sell to Becker or Zabicky/Siderakis, for zoning purposes the land owned by Becker and Zabicky/Siderakis merged with the land owned by Chudiak. For zoning purposes, I believe the Town should only recognize as building lots the existing parcel owned by Becker 2 . . together with the 12,500 sq, ft. owned by the applicant that was to be sold to Becker and the existing parcel owned by Zabicky/Siderakis together with the 25,000 sq, ft. owned by the applicant that was to be sold to Zabicky/Siderakis. The remaining part of the applicant's land is a deeded right of way that can not be built on. To my Knowledge, Chudiak never applied to the Planning Board to unmerge the newly created lots or to annul the prior approvals. Therefore, I believe the property owned by the applicant is not a lot recognized by the town and can not be built on period. The building department was correct in refusing to issue a building permit. The applicant needs the Planning Board to create a legal lot and he should be before them and not you. Now as I understand it, this Board reached the same conclusion in the prior application by the applicant and when he sued, the supreme court agreed with this board dismissing his lawsuit. So I am actually wondering how or why the applicant is back here seeking a variance for a lot that is not recognized by the Town. I just don't think the zoning board can grant the variance 3 , . . requested. The zoning board can not legalize this lot by granting . an area varIance. However, assuming for argument sake that the applicant did have a lot recognized by the town and this board could grant a variance, the applicant is not entitled to a variance anyway. I have reviewed the application submitted by the applicant. He indicated that the town law requires the zoning board to consider certain factors in reviewing this application. I will review these factors with you. . . . The board must consider whether the relief requested is substantial. The applicant says no claiming that the so-called lot has 72,974 sq. ft. and therefore the applicant only needs a variance of7,026 sq. ft. or about 10% relief. However, of the 72,974 sq, ft., 35,474 sq. ft. comprises a 50 ft. wide deeded right of way which appears on the tax map. The town code defines lot area as that area of a lot less any portion within a public or private right of way. Therefore, the applicant is actually seeking a variance for a lot with 37,500 sq. ft. That means the applicant is seeking a variance of 42,500 sq. ft. or relief of over 50%. In my opinion the actual relief the applicant needs is substantial. 4 . . The board must also consider whether the variance would have an adverse impact on the physical or environmental conditions in the neighborhood or be a detriment to nearby properties. The subject property is well below the grade of the property it adjoins. In order to be developed it would require that a kettle hole be filled and the right of way leading to the property be raised. Currently, the natural contours of the land surrounding the subject property results in water run off all leading to the below grade portions of the subject property. Granting the variance permitting construction on a substandard lot will result in terrible flooding for all adjoining property owners. The board must also consider whether the benefit sought by the applicant can be achieved by some feasible method other than a variance. The applicant says no, claiming the property is "left over land from Planning Board action in 1985" and that the applicant purchased a buildable lot, that he paid a lot for it, and is now suffering financially because he cannot build on it. This factor should not be given any weight by this board. Contrary to the applicant's misrepresentation, this property is not a legal building lot. Would or should this board give a lot area variance 5 II , . to someone who purchased an illegally created substandard lot. I think the answer is no. , . The board must also consider whether the alleged difficulty is self created. The applicant says no stating that the property was purchased with clean title and a pending approval for construction. He also falsely states that the lot was created by the Planning Board. He goes on to state that no one knew or believed that this lot was not an approved lot when he bought it. This property was not a lot created by the Planning Board and therefore the property was not a legal lot when the applicant bought it. Now, as I understand it, the applicant and his family are land speculators and are experienced in buying property and then developing them or flipping them. Therefore, I believe he knew or should have known that the lot was not buildable. Now, I also understand, he bought it for $81,000., halfofwhat building lots were selling for at the time. Perhaps he was taking a calculated risk that he could get a building permit. It is also my understanding that it is customary to make vacant land sales contracts conditional upon the buyer obtaining a building permit prior to closing. Obviously he did not obtain one. Regardless of whether the applicant gambled, was duped, did not do his 6 ~ . . . . homework, or had an inexperienced attorney represent him, he purchased property he could not build on and therefore the hardship was self created. The applicant also states that the variance requested is the minimum variance practicable because the only way he can request less relief would be to buy additional land to make the lot bigger and that me and my in-laws would not sell the land back to him. First, the applicant has never asked to buy the land back and second he would need approval from the Planning Board to un-do the original lot line change or to do a new lot line change. The applicant further stated in his application that you must perform a balancing test balancing the benefit to the applicant against the detriment to the health safety and welfare of the community. The relief requested is substantial, development will result in flooding to adjoining properties, and the hardship was self created. I believe that these factors lead to the conclusion that the detriment to the health safety and welfare of the community outweighs the benefit to the applicant. The variance should therefore be denied. 7 . . '. I'm almost done. I completed the lot line change process with Chudiak because I thought I was buying both additional land and the security of knowing that no homes would ever be built on that property. I relied in good faith that chudiak would fulfill his promise by completing the lot line change with Becker and Zabicky/Siderakis. The Town should be mindful of this. I remind you and I will remind the Planning Board should the applicant seek relief there. In conclusion, the subject property is not a legally recognized lot by the town. The applicant however is asking this board to grant this lot legal status by granting an area variance. Only the Planning Board can do that and therefore, the applicant must go to the Planning Board for that relief. Then and only then can the applicant return to this Board to seek a lot area variance. It is then, and only then, that this board can consider the area variance sought here. 8 RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR . rlJ Scce.F PLANNING BOARD MEMBA . JERILYN B. WOODHOUSE Chair P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Ruth Oliva, Chairwoman Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairwoman JP.>vJ/v5 Re: Recommendation on ZBA Appeal # 5588 Pisacano, SCTM # 1000-113-7-19.11 Date: September 14, 2004 This memorandum is in response to your request for recommendations on the above-noted application. The Appeal The applicant, Michael Pisacano, acquired this property. The Town's tl1x records note this transaction occurred on Auoust 27. 2002. Mr. Pisacano has applied for a grant of relief pursuant to Town Law 277 (6) so as to permit the creation of an undersized (72,974 square foot) lot in an R-80 zoning district (80,000 square foot minimum) for the purpose of being allowed to construct a new residential dwelling unit. Backoround and Intent The Planning Board records contain an Auoust 13, 2001 Memorandum to the File. This memo was written after a specific query by a neighbor who found out that the property was for sale triggered a meeting with the Building Department and the Town Attorney's office. It reflects research and discussions with the Town Attorney's office as to the status of the subject property. The contents of that memorandum are summarized here. In 1985, the Planning Board, at the request of the former owner (William Chudiak), agreed to permit four separate lot line applications with the stated collective intent of enlarging four existing, adjacent, non-conforming lots. In each resolution of approval, the Planning Board took pains to state that its approval was subject to conditions that the property 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 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." As explained in the August 13, 2001 memorandum, which is attached and incorporated into this memorandum, the public record clearly shows and documents the patent intent of the property owner (Chudiak), the clear understanding of that intent by his attorney (De Petris), and, perhaps most importantlv. the equally clear understanding of that intent by the immediate neighbors to the east who wanted to enlarge their non-conforming lots through a lot line modification, acquisition and merger. Throughout the record, all parties: the property owner, the attorney, the Town and the neighbors; understood and agreed that the purpose of the lot-line applications before the Planning Board was to eliminate the potential to build another residence on the Chudiak parcel, a part of which is now the subject of Mr. Pisacano's appeal. This understanding was re-iterated by former Planning Board Chairman Bennett Orlowski, Jr. in a memorandum to former Zoning Board Chairwoman, Lydia Tortora, on April 1, 2003, a copy of which is attached as well. Mr. Orlowski was Chairman of the Planning Board at the time the four lot line amendments were adopted by the Planning Board. Other Issues The applicant has requested the Zoning Board to act in accordance with Section 277.6. which states "Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the zoning board of appeals for an area variance." The phrase "plat" carries a certain meaning in New York State Town law. As defined in Section 276. 4. Definitions, the term, final plat, means "a drawing prepared in a manner prescribed by local regulation, that shows a proposed subdivision " That same section of State Town Law defines the term "subdivision" as meaning '1he division of any parcel of land into a number of lots. . .as specified in a local ordinance, law, rule or regulation, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. The term "subdivision" may include an alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the office of the county clerk. .. in which such plat is located. " The Planning Board's lot-line resolutions in 1985 had the effect of re-subdividing a parcel of land created by earlier subdivision actions with the end result that the . . land comprising that parcel was to be merged with four adjacent pre-existing lots with residential dwellings. Section 277.6. states 'Where a plat contains one or more lots which do not comply with the zoning regulations, application may be made...". It can be argued that the Planning Board's resolutions in 1985 created plats that would reduce the then-existing non-conformity of existing lots by eliminating a parcel and merging the acreage with those lots. The Planning Board's resolutions were intended, as desired by the then owner and neighbors, to eliminate the possibility of constructing another residential dwelling on the property that is the subject of this appeal. The Planning Board did not create a plat describing the property that is the subject of this appeal. Additional Analvsis and Conclusions The subject property of this appeal is 72,974 square feet in area, of which 35,662.5 feet is encumbered by a right-of-way easement. As a result, the actual area of the subject property that could be used for building purposes is 37,311.5 square feet in area. The property that is the subject of this appeal contains a natural ravine that functions to collect storm water runoff from the surrounding area: the elevation drops from 58 to 41 feet in a distance of approximately 200 feet. The public record seems to indicate that the original property owner, the owner's attorney and the neighbors were of one mind when the four lot line applications we~~ submitted to the Planning Board in 1985. The intent was to eliminate the possibility of constructing another residence by diViding the original parcel into (our pieces, each of which was to be merged with an adjacent pre-existing lot to the east. Nearly twenty years later, only two of the transactions to adjacent neighbors have taken place. It is not clear why the remaining transactions did not take place, nor whether the remaining two transactions to adjoining property owners still could take place, either as originally intended or in some modified form that ensures that no additional residence is ever constructed on the subject property. Answering these questions will be crucial to determining whether a hardship exists in this appeal. While these questions normally would lie outside the Planning Board's jurisdiction, Town Law 277.6 states: "In reviewing such application the zoning board of appeals shall request the planning board to provide a written recommendation conceming the proposed variance." Recommendation The applicant sought relief from this Board, from the Zoning Board of Appeals and the State Supreme Court during the years 2002 through 2004, and has not been successful. The Supreme Court decision affirmed the Town's position and the petitioner's yet unproved burden "to establish beyond a reasonable doubt . . that he has been deprived of any use of the property to which it is reasonably adapted." (Pisacano v. Town of Southold Zoning Board of Appeals Index No. 03- 26136, attached). Throughout this time, the position of the Planning Board, that this is not a building lot, has remained unchanged. The question considered by the Planning Board was whether the evidence before it merited a change in this position, which should not be confused with the question before the Zoning Board, of whether relief should be granted. In reviewing the records, the Board did not find any reason to change its position. The Board's intent in processing these lot line changes was evident in the minutes, the correspondence from the original owner's attorney, statements or letters by the owners of the adjoining properties and the resolutions that attended those actions. This recommendation was adopted by a 4-0 vote. One member was absent. , , ! . ,< . ]" I r " .,PLANNING BOARD MFaB. . BENNETT ORLOWSKI. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO .)) Town Hall, 53095 State Route ~ P.O. Box 11 79 Southold, New York 11971.095: Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD 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 Planne~ . 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, app,'idd 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 fa/ls 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. ,-t " ,J .)) )) . 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 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 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 ZaJicky 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 acqJ1fre 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 li:ters 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 cresie 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 ')) .' ," 14.~ 1.SMcl 14.6 lAM' , ii 14 ~ 1.2 o 19.23 31.0" . 22 6..' ....~~ V) /' 1.;\~ Y .~ ';< "v, -'f RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR . PLANNING BOARD MEA~' BENNETT ORLOWSKI, JR. Chairman P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Lydia Tortora, Chairman and Members of the Zoning Board of Appeals Bennett Orlowski. Jr., Chairman 75t1fll~ Date: April 1, 2003 . / / Subject: / Request of Pis~cano, Michael for a Variance SCTM#1000-113-7-19.11 (formerly Chudiak) Appeal #5264 The Planning Board did not authorize the creation of this parcel as a separate building lot. The Planning Board, by request of the owner, intended to allow the property owner to sell his property in four separate parcels to adjacent property owners for the purpose of merging with pre-existing lots. The owner never requested any single and separate lots to be created by the Planning Board. The Planning Board never created any new lots by this resolution; they just enlarged the old existing lots. And, from my understanding, two of the parcels created were transferred immediately to the bordering neighbors and we were told the two remaining parcels were to be transferred shortly. VS:ck . . l&b/4Lf v:s j'Jr( S~TH, P"'HELSTillN, LUNDHERO, [S=R A11\'ii\<j;,.I\),Ji.J\.,w ~ ~ ATTORNEYS AND COUNSELORS AT .~r. 456 GRIFFING AVENUE, CORNER OF LINCOLN Sf'E.EET , II <- 1 2004 P. O. BOX 389 ...:.... ~ HOWARD M. FINKELSTEIN PIERRE G. LUNDBERG- FRANK .A. ISLER SUSAN ROGERS ORUN GAJR O. BETTS JEANMARIE GUNDERSON RIVERHEAD, N. Y. 11901-0203 (631) 727-4100 FRANCIS J. AKA OSKI Southo\d TowlPF COUNSEL p~_~;,;~.,iflg i:ioar~ - EGINALD C. SMITH 1926-1983 FAX (631) 727-4130 E-MAIL sfliy@peconic.net PHIL SIEGEL May 28, 2004 Ruth Oliva Chair of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Pisacano v. Town of Southold Zoning Board of Appeals Index No. 03-26136 Dear Ruth: ! ! Enclosed please find the Court's decision which rejects Mr. risacan4's challenge to the Zoning Board's section 267-A(13)(b) denial of his attempt to reverse the notice of disapproval issued by the Building Department. Please give me a call if you have any questions. Very truly yours, ):;- 6Al1L (J.. I S~ Frank A. Isler F~ Enclosure cc: Patricia A. Finnegan, Esq. - w/enc1. Valene Scopaz, Town Planner - w/encl. Dictated but not read .............................................................. x r..ART27 By: Costello, J.S.C. Dated: May 20,2004 SUPREME COURT, .FOLK COUNTY In the matter of an Article 78 proceeding, MICHAEL PISACANO, Petitioner, Index No. 03-26136 - against- Mot. Seq. # 001 - CDISPSUBJ THE ZONING BOARD OF APPEALS OF THE TOWN OF SOU1HOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, Respondents. --------______________________________________________--------)C PATRICKA. TROISE, ESQ. Attorney for Petitioner 2 President Street Hootington Station, New York 11746 SMITH, FINKELSTEIN, LUNDBERG, et al. Attorneys for Respondent SoutholdZBA 456 GriffingAvenue, P.O. Box 389 Riverhead, New York 11901-0203 This is an Article 78 proceeding brought to annul, vacate, or set aside a determination of the Respondent Town of South old Board of Zoning Appeals, dated September 11,2003, which denied petitioner Michael Pisacano's application to reverse the Notice of Disapproval issued by the Building Department. The petition is denied. Petitioner is the owner of a substandard parcel located in an R-80' low density Residential District which is located along the west side of Cox Neck Road in the village of Matti tuck, Town of Southold, Coooty of Suffolk, New York. Petitioner acquired the subject parcel on or about August 27,2002. The subject parcel is recognized by tax map number 1000-113-7-19.11 (hereinafter referred to as "lot 19.11"). The parcel is ooimproved with a fifty foot flagstaffstrip which is encumbered by a right of way for adjacent properties to access Cox Neck Road. In 1985, petitioner's predecessor in title, Mr. William Chudiak, negotiated a division of lot 19.11 into four separate portions to be sold to his neighbors to the east, namely, Wells, Wanat, Zabicky and Becker, whose lots were substandard. Mr. Chudiak applied to the Planning I R-80 is a low density residential district, requiring a total area dimension of 80,000 sq. ft. or two acres to qualify for a building permit. Board for four separa.t line changes, which were approved ceecember 16, 1985. Approximately 12,500 square feet oflot 19.11 was conveyed to Wells, increasing the conformity of the Wells parcel. In addition, approximately 18,800 square feet oflot 19.11 was conveyed to Wanat, also increasing the conformity of the Wanat parcel. However, the conveyance of the two remaining portions oflot 19.11 to Zabicky or Becker did not occur and this fact was never communicated to the Planning Board by Mr. Chudiak. Seven years later, Mr. Chudiak conveyed the remaining substandard lot of 1. 7 acres to petitioner. Petitioner desires to build a one family home on the subject parcel. Upon application, the Town of Southold Building Department denied petitioner's proposal on the grounds that the subj ect parcel w:lS not a recognized lot pursuant to Southold Town Code 1/100-24. Pursuant to 9100-24, A. A lot created by deed or town approval shall be recognized by the town if anyone of the following standards apply and if the lots have not merged: (I) The identical lot was created by deed recorded in the Su+folk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk ScheduleAA(2) as of the date oflot 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) in question is/are approved and/orrecognized by formal action of the Board of Appeals prior to June 30, 1983. Petitioner subsequently applied to the Town of Southold Zoning Board of Appeals (hereinafter referred to as "the Board") seeking a reversal of the Building Department's determination. Petitioner's proposal consists of an area of 72,974 square feet; lot width of 126 feet; lot depth of320 feet; front yard setback of 155 feet; side yard setback of35 feet; both side yards of70 feet and rear yard setback of 155 feet? Following a hearing on July 10,2003, Z The required lot width for a parcel in the R-80 residential district is 175 feet; lot depth - 250 feet; front yard setback. 60 feet; side yard setback. 20 feet; both side yards. 45 feet; and rear yard setback - 75 feet. respondent, in a determination dated September 11,2003, denied the application by operation of Town Law 9267-a(I_), whereby a majority vote cannot be eined to grant a variance or appeal. Petitioner co~enced the instant Article 78 proceeding challenging the Board's determination as arbitrary, capricious and not supported by substantial evidence on the record. A Zoning Board of Appeals has the primary jurisdiction of interpreting the applicable zoning ordinance (see, Thurman v Holahan, 123 AD2d 687,507 NYS2d 52 (1986]; Van Deusen v Jackson, 35 AD2d 58,312 NYS2d 853,1970, aff'd 28 NY2d 608 (1971]). It is axiomatic that a local zoning board is entrusted with a reasonable measure of discretion in the interpretation of its own ordinances and that the judicial function in reviewing the borad's decision is a limited one. Accordingly, a board's determination should not be cast aside unless there is a showing of illegality, arbitrariness or an abuse of discretion (RichardDudyshyn Contr. Co. v Zoning Bd. of Appeals, 255 AD2d 445,680 NYS2d 571 [1998], ci.tiIqMatter of Bock/s v Kayser, I 12AD2d 222,491 NYS2d 438 [1985]; see also Town of Huntington v Five Towns College Real Prop. Trust, 293 AD2d 467,740 NYS2d 107 [2002]). The record reveals that since the lot line changes took effect in 1985, subsections 1,3 and 4 of the Southold Town Code 9 100-24 are inapplicable to the instant matter. In addition, petitioner's contention that the Planning Board's approval of the proposed lot line changes in 1985 automatically made lot 19.11 a legal building lot is untenable. Such approval results in a modification of the zoning regulations, only if the Town Board has empowered the Planning Board to modifY them by general or special rule and only to the extent and within the limitations prescribed by such rule (Johnson v Moore, 13AD2d 984,216 NYS2d 740 (19611). Here, petitioner has failed to demonstrate that the Planning Board is duly authorized under the Southold Town Code to effect any modification of the regulations. Thus, the Board's determination that lot 19.11 is not a recognized parcel under the subject ordinance was not illegal, arbitrary, or an abuse of discretion. /" Petitioner further allegestl-lat theJoard violated Town Law s267-a(8). However, pursuant to New York Town Lav! S267Jil(2), the Board's failure to file its decision with the town clerk within five days affects the comencement of the 30-day statute oflimitations for a petitioner (Cuyle v TownBd., 301 AD2d 838,753 NYS2d 613 [2003]), which is not dispositive here. Turning to petitioner's constitutional claim, the court rejects petitioner's contention that the Board's interpretation of Town Code S 1 00-24 amounts to a confiscatory action by the Town, depriving petitioner of his property without just compensation. It is well settled that in order to establish that an unconstitutional taking has occurred, a landowner must prove that the subject property cannot yield an economically reasonable return as zoned (see,LouJean Properties Ene, v Town of Oyster Buy, 160AD2d 797,553 NYS2d 835 [1990]; see also, De St. Auh/n v Flacke, 68 NY2d 66, 505 NYS2d 859 [19861). Significantly, the burden rests with the petitioner to establis() beyond a reasonable doubt that he has been deprived of any use of the property to which . it is rea,onably adapt~, DeStAubin vFlacke, supra,at .7; DCM Realty Corp. v Islip, 162 AD2d 49S,Wi NYS2d 696 (1990]), Here, the petitioner has failed to discharge this burden. Accordingly the petition is denied and the proceeding is dismissed. Submit Judgment. .-' , , ! \\~-I- ~ . ?~s:.'"LLh..A.D ?\.l'<.-.e..\', Lo'L<.~\ \ \~- J-~. \ \ . ScrrY\ ~; ~.~ -~.. , ~\\'D 01 \ \'S.~c..'cl'-D Vc-fL.L \ ' L;uV.:~ ~oy ~ " \""~e-e0'" IH.eS,1 51\)~:J -h~o'y'''\r~' . 01110 0'--1 <;" ~~ -- 'P..~ o...L'U\.O 9.....'<""'-<...1- L ".)V" J I\jo r J.-~', I"-O~ fNr-L",- S(O~N-d- c.Le,-~ b7 "",o-.J:J ~,-J-tr. -- ~ . . ::{{-I~i'(" VALERIE SCOPAZ, AICP TOWN PLANNER Telephone (631) 765-1938 Fax (631) 765-3136 V alerie.Scopaz@town.southold.ny.us P.O. Box 1179 Town Hall, 53095 Main Road Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Jerilyn B. Woodhouse, Chairwoman Members of the Planning Board r~ From: Valerie Scopaz, AICP, Director VI Re: Recommendation on ZBA Appeal # 55 8 Pisacano, SCTM # 1000-113-7-19.11 Date: September 10, 2004 This memorandum has been prepared to assist the Planning Board in considering how to respond to the Zoning Board of Appeals' request for recommendations on the above-noted application. The Aooeal The applicant, Michael Pisacano, acquired this property. The Town's tax records note this transaction occurred on Auqust 27.2002. Mr. Pisacano has applied for a grant of relief pursuant to Town Law 277 (6) so as to permit the creation of an undersized (72,974 square foot) lot in an R-80 zoning district (80,000 square foot minimum) for the purpose of being allowed to construct a new residential dwelling unit. Backqround and Intent The Planning Board records contain an Auqust 13. 2001 Memorandum to the File. This memo was written after a specific query by a neighbor who found out that the property was for sale triggered a meeting with the Building Department and the Town Attomey's office. It reflects research and discussions with the Town Attomey's office as to the status ofthe subject property. The contents of that memorandum are summarized here. In 1985, the Planning Board, at the request of the former owner (William Chudiak), agreed to permit four separate lot line applications with the stated collective intent of enlarging four existing, adjacent, non-conforming lots. In each resolution of approval, the Planning Board took pains to state that its approval was subject to conditions that the property 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 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. " As explained in the August 13, 2001 memorandum, which is attached and incorporated into this memorandum, the publiC record clearly shows and documents the patent intent of the property owner (Chudiak), the clear understanding ofthat intent by his attorney (De Petris), and, perhaps most importantlv. the equally clear understanding of that intent by the immediate neighbors to the east who wanted to enlarge their non-confurming lots through a lot line modification, acquisition and merger. Throughout the record, all parties: the property owner, the attorney, the Town and the neighbors; understand and agree that the purpose of the lot-line applications before the Planning Board is to eliminate the potential to build another residence on the Chudiak parcel, a part of which is now the subject of Mr. Pisacano's appeal. This understanding was re-iterated by former Planning Board Chairman Bennett Orlowski, Jr. in a memorandum to former Zoning Board Chairwoman, Lydia Tortora, on April 1, 2003, a copy of which is attached as well. Mr. Orlowski was Chairman of the Planning Board at the time the four lot line amendments were adopted by the Planning Board. Other Issues The applicant has requested the Zoning Board to act in accordance with Section 277.6. which states "Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the zoning board of appeals for an area variance." The phrase .plar carries a certain meaning in New York State Town law. As defined in Section 276. 4. Definitions, the term, final plat, means "a drawing prepared in a manner prescribed by local regulation, that shows a proposed subdivision . That same section of State Town Law defines the term .subdivision" as meaning "the division of any parcel of land into a number of lots.. .as specified in a local ordinance, law, rule or regulation, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. The term "subdivision" may include an alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the office of the county cleric... in which such plat is located. " The Planning Board's lot-line resolutions in 1985 had the effect of re-subdividing a parcel of land created by earlier subdivision actions with the end result that the "M__ . . land comprising that parcel was to be merged with four adjacent pre-existing lots with residential dwellings. Section 277 .6. states Where a plat contains one or more lots which do not comply with the zoning regulations, application may be made. ..". It can be argued that the Planning Board's resolutions in 1985 created plats that would reduce the then-existing non-conformity of existing lots by eliminating a parcel and merging the acreage with those lots. The Planning Board's resolutions were intended, as desired by the then owner and neighbors, to eliminate the possibility of constructing another residential dwelling on the property that is the subject of this appeal. The Planning Board did not create a plat describing the property that is the subject of this appeal. Additional Analvsis and Conclusions The subject property of this appeal is 72,974 square feet in area, of which 35,662.5 feet is encumbered by a right-of-way easement. As a result, the actual area of the subject property that could be used for building purposes is 37,311.5 square feet in area. The property that is the subject of this contains a natural ravine that functions to collect storm water runoff from the surrounding area: the elevation drops from 58 to 41 feet in a distance of approximately 200 feet. The public record seems to indicate that the original property owner, the owner's attorney and the neighbors were of one mind when the four lot line applications were submitted to the Planning Board in 1985. The intent was to eliminate the possibility of constructing another residence by dividing the original parcel into four pieces, each of which was to be merged with an adjacent pre-existing lot to the east. Nearly twenty years later, only two of the transactions to adjacent neighbors have taken place. It is not clear why the remaining transactions did not take place, nor whether the remaining two transactions to adjoining property owners still could take place, either as originally intended or in some modified form that ensures that no additional residence is ever constructed on the subject property. Answering these questions will be crucial to determining whether a hardship exists in this appeal. While these questions normally would lie outside the Planning Board's jurisdiction, Town Law 277.6 states: "In reviewing such application the zoning board of appeals shall request the planning board to provide a written recommendation conceming the proposed variance." Recommendation The applicant sought relief from this Board, from the Zoning Board of Appeals and the State Supreme Court during the years 2002 through 2004, and has not been successful. The Supreme Court decision affirming the Town's position and the petitioner's yet unproved burden" to establish beyond a reasonable doubt that he has been deprived of any use of the property to which it is reasonably adapted." (Pisacano v. Town of Southold Zoning Board of Appeals Index No. 03- 26136, attached). Throughout this time, the position of the Planning Board, that this is not a building lot, has remained unchanged. The question for the Planning Board is whether the evidence before it merits a change in this position, which should not be confused with the question before the Zoning Board, of whether relief should be granted. In reviewing the records, I did not find any reason for the Board to change its position. The Board's intent in processing these lot line changes was evident in the minutes, the correspondence from the original owner's attorney, statements or letters by the owners of the adjoining properties and the resolutions that attended those actions. " . t I ~ -- SURVEY OF ~ SlfU..". Ar MAT'l'l'tlJCK TOWN or llIUrllOlO SUFF(ll.K C()UftN. H/:VI YOIlK S.c. TA.l( No. 1"'1f.3~1-1e.11 ~t"" -:'~,..fl~.. ... .-~ . .. . . '. '. '. AUCUST &":IOCB - LllMY N/OO LUI;Y ""cx "'~UJJ6CX . ~ $, \ ~. /-,- " ... "~ _.~~..... . () o :x: + RECEIVED AU6 I 2 1004 '_I~ :: II~ -~/ .. ZONING SOARD OF APPIAU z I ~ _*.0 .~ I ~ o > t:l ", ..............- - . -~ ~ ~ -,,.i~ _._jiil~ ~ " . ! ,,-- .. , rliil"i:Jf'.:J!J:;'"'" IlWi:u.M ...............- . ~=~ - r' ~ ~ ) .> r };i I ::.. . \--. '-.. t ,. ~ ~ ..,;;~ -..:..:.L":-," ....~.~...._p-..... .......~.-............~.-..~.......-. '~TI~~~ .....-.........;~:"-:~~, "'U'~ ,_ ~~_. ~, .:. - ,... .., ',f ,,' 15"'''''.''- "",."",..tJ."'O~ · ~Z-.,,; ___11'". I .l:..,..--......- 51-.,\.1~~~ ~O\"O~"/- } d .. . ~; ~ . , . . . ......... ,. . " " 1\\' . "PLANNING BOARD ME'1twJtull BENNETT ORLOWSKI, JR, Chairman Town Hall, 63096 State Route 25 P.O. Box 1179 Southold, New York 11971-0969 Fax (631) 765-3136 Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO 'J 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 Planne~ ' 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, ap~1ed to the Planning Board to set-off two separate building lots from his farm./ The set-off of concem to us in this instance is the 80,000 square foot lot thatlwas 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 Milewski. 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 attomey 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. '...... " .1 e1> ., 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 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 thatthe 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 Za~icky 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 acqJ!fre 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 litters 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 '" '" ,') n. ';,..\ lA-.tcl , )) l~A 1.5A<c1 \. . ~ 15 i.1Md . . ".- m ", .--1io .. '" ". , @ 2.' 8.9' w 22 .... --"' RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR .'i .". ,.../ . PLANNING BOAlU) MEMBEl'tS BENNETT ORLOWSKI, JR. Chairman P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE · TOWN OF SOUTHOLD MEMORANDUM To: From: Lydia Tortora, Chairman and Members of the Zoning Board of Appeals Bennett Orlowski, Jr., Chairman fyrlfl/~ Date: April 1, 2003 ( Subjecl Request of Pisacano, Michael for a Variance SCTM#1000-113-7-19.11 (formerly Chudiak) Appeal #5264 The Planning Board did not authorize the creation of this parcel as a separate building lot. The Planning Board, by request of the owner, intended to allow the property owner to sell his property in four separate parcels to adjacent property owners for the purpose of merging with pre-existing lots. The owner never requested any single and separate lots to be created by the Planning Board. The Planning Board never created any new lots by this resolution; they just enlarged the old existing lots. And, from my understanding, two of the parcels created were transferred immediately to the bordering neighbors and we were told the two remaining parcels were to be transferred shortly. VS:ck 'cf.4lf IQ-r( SMITH, FINKELSTEIN, LUNDBERG, ISLER AND !~~r&. J..iJJ ~ ATTORNEYS AND COUNSELORS AT '( 456 GRIPFING AVENUE, CORNER OF LINCOLN' fUET , I~"! ~ 1 2004 P.O. BOX 389 J L ... "j ~ HOWARD M. FINKELSTEIN PIERRE G. LUNDBERG FRANK A. ISLER SUSAN ROGERS aRUN GAIR G. BETTS JEANMARIE GUNDERSON RIVERHEAD. N. Y. 11901-0203 (631) 727-4100 FRANCIS :AX A OSRI Southold TowrPF COUNSEL Pt~rmifl tlOarri GINALD C. SMITH 1926-1963 FAX (631) 727-4130 E-MAIL sfliy@peeonic.net PHIL SIEGEL May 28, 2004 Ruth Oliva Chair of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Pisacano v. Town of Southold Zoning Board of Appeals Index No. 03-26136 Dear Ruth: ( Enclosed please find the Court's decision which rejects Mr. Pisac~'s challenge to the Zoning Board's section 267-A(13)(b) denial of his attempt to reverse "the notice of disapproval issued by the Building Department. Please give me a call if you have any questions. Very truly yours, ):r~1L Ct [~ Frank A. Isler F~ Enclosure cc: Patricia A. Finnegan, Esq. - w/encl. Valerie Scopaz, Town Planner - w/encl. Dictated but not read "''''10''-''''- . SUPREME COURT, SAOLK COUNTY .............................................................. X In the matter of an Article 78 proceeding, MICHAEL PISACANO, LA.8ART27 By: Costello, J.S.C. Dated: May 20,2004 Petitioner, Index No. 03-26136 - against- Mot. Seq. # 001 - CDISPSUBJ TIffi ZONING BOARD OF APPEALS OF TIIE TOWN OF SOUTIIOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, Respondents. --------------------------------------------------------------J{ PA1RICKA. TROISE,ESQ. Attorney for Petitioner 2 President Street Huntington Station, New York 11746 SMITH, FINKELSTEIN, LUNDBERG, et aI. Attorneys for Respondent SoutholdZBA 456 GriffingAvenue, P.O. Box 389 Riverhead, New York 11901-0203 This is an Article 78 proceeding brought to annul, vacate, or set aside a determination of the Respondent Town of SoutholdBoard of Zoning Appeals, dated September 11,2003, which denied petitioner Michael Pisacano's application to reverse the Notice of Disapproval issued by the Building Department. The petition is denied. Petitioner is the owner of a substandard parcel located in an R-80' low density Residential District which is located along the west side of Cox Neck Road in the village of Matti tuck, Town of Southold, County of Suffolk, New York. Petitioner acquired the subject parcel on or about August 27,2002. The subject parcel is recognized by tax map number 1000-113-7-19.11 (hereinafter referred to as "lot 19.11 "). The parcel is unimproved with a fifty foot flagstaff strip which is encumbered by a right of way for adjacent properties to access Cox Neck Road. In 1985, petitioner's predecessor in title, Mr. William Chudiak, negotiated a division of lot 19.11 into four separate portions to be sold to his neighbors to the east, namely, Wells, Wanat, Zabicky and Becker, whose lots were substandard. Mr. Chudiak applied to the Planning I R-80 is a low density residential district, requiring a total area dimension of 80,000 sq. ft. or two acres to qualify for a building permit. i Board for four separate lot line changes, which were approved onDecember 16, 1985. Approximately 12,500 square feet oflot 19.11 was conveyed to Wells, increasing the confonnity of the Wells parcel. In addition, approximately 18,800 square feet of lot 19.11 was conveyed to Wanat, also increasing the confonnity of the Wanat parcel. However, the conveyance of the two remaining portions of lot 19.11 to Zabicky or Becker did not occur and this fact was never communicated to the Planning Board by Mr. Chudiak. Seven years later, Mr. Chudiak conveyed the remaining substandard lot of 1.7 acres to petitioner. Petitioner desires to build a one family home on the subjectparcel. Upon application, the Town of Southold Building Department denied petitioner's proposal on the grounds that the subjectparcel WSIS not a recognized lot pursuant to Southold Town Code * 100-24. Pursuant to 9 100-24, A. A lot created by deed or town approval shall be recognized by the town if anyone of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Su!folk County Clerk's office on or before June 30, 1983, and the lot confonned to the minimum lot requirement(s) set forth in Bulk ScheduleAA(2) as of the date oflot creation. (2) The 10t(s) in question is/are approved by the Southold Town Planning Board 1/ (3) The 10t(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) in question is/are approved and/or recognized by fonnal action of the Board of Appeals prior to June 30, 1983. Petitioner subsequently applied to the Town of Southold Zoning Board of Appeals (hereinafter referred to as "the Board") seeking a reversal of the Building Department's detennination. Petitioner's proposal consists of an area of 72,974 square feet; lot width of 126 feet; lot depth of 320 feet; front yard setback of 155 feet; side yard setback of 35 feet; both side yards of70 feet and rear yard setback of 155 feet? Following a hearing on July 10,2003, 2 The required lot width for a parcel in the R-80 residential district is 175 feet; lot depth - 250 feet; front yard setback. 60 feet; side yard setback. 20 feet; both side yards. 45 feet; and rear yard setback - 75 feet. . respondent, in a dete.tiondated September 11,2003, denietA: application by operation of Town Law 9267-a(13)~whereby a majority vote cannot be obmlled to grant a variance or appeal. Petitioner commenced the instant Article 78 proceeding challenging the Board's determination as arbitrary, capricious and not supported by substantial evidence on the record. A Zoning Board of Appeals has the primary jurisdiction of interpreting the applicable zoning ordinance (see, Thurman v Holahan, 123 AD2d 687,507 NYS2d 52 [1986J; Van Deusen v Jackson, 35 AD2d 58,312 NYS2d 853,1970, aff'd 28 NY2d 608 [1971]). It is axiomatic that a local zoning board is entrusted with a reasonable measure of discretion in the interpretation of its own ordinances and that the judicial function in reviewing the borad's decision is a limited one. Accordingly, a board's determination should not be cast aside unless there is a showing of illegality, arbitrariness or an abuse of discretion (RichardDudyshyn Contr. Co. v Zoning Bd. of Appeals, 255 AD2d 445,680 NYS2d 571 [1998J, citinJMatter of Bockis v Kayser, 112AD2d 222,491 NYS2d 438 [1985J; see also Town of Huntington v Five Towns College Real Prop. Trust, 293 AD2d 467,740 NYS2d 107 [2002]). The record reveals that since the lot line changes took effect in 1985, subsections 1,3 and 4 of the Southold Town Code 9100-24 are inapplicable to the instant matter. In addition, petitioner's contention that the Planning Board's approval of the proposed lot line changes in 1985 automatically made lot 19.11 a legal building lot is untenable. Such approval results in a modification of the zoning regulations, only if the Town Board has empowered the Planning Board to modifY them by general or special rule and only to the extent and within the limitations prescribed by such rule (Johnson v Moore, 13 AD2d 984,216 NYS2d 740 (19611). Here, petitioner has failed to demonstrate that the Planning Board is duly authorized under the Southold Town Code to effect any modification of the regulations. Thus, the Board's determination that lot 19.11 is not a recognized parcel under the subject ordinance was not illegal, arbitrary, or an abuse of discretion. Petitioner further alleges that thefard violated Town Law g267-a(8). However, pursuant to New York Town Law g267-a(2), the Board's failure to file its decision with the town clerk within five days affects the comencement of the 30-day statute oflimitations for a petitioner (Cuyle v TownBd., 301 AD2d 838,753 NYS2d 613 [2003]), which is not dispositive here. Turning to petitioner's constitutional claim, the court rejects petitioner's contention that the Board's interpretation of Town Code 9100-24 amounts to a confiscatory action by the Town, depriving petitioner of his property without just compensation. It is well settled that in order to establish that an unconstitutional taking has occurred, a landowner must prove that the subject property cannot yield an economically reasonable return as zoned (see,Loujetlll Properties Ene, v Town of Oyster Buy, 160 AD2d 797,553 NYS2d 835 [1990J; see also, De Sf. Aubin v Flacke, 68 NY2d 66, 505 NYS2d 859 [19861). Significantly, the burden rests with the petitioner to ,establish beyond a rear- '\able doubt that he has been deprived v~~ny use of the property to which it is reasonably adaptecttsee. DeStAubin vFlacke, stpa,at 76-77; OCM: Realty Cotp. v hllp, 162 AD2d 495,556 NYS2d 696 (1990]). Here, the petitioner has failed to discharge this burden. Accordingly the petition is denied and the proceeding is dismissed. Submit Judgment. ( ( t_ '" /~( , , , . APPLICA 1!N TO THE SOUTHOLD TOWN Bl,,- D ~ (\1, \ '. .: "Jj;JPOffice Use Ollly Fee: $ uU Filed BY:_r^' ' ~~ . DRte Assigned/Assignment No. LS PISACANO, M (P. MOORE) 5588 VO NEW HOUSE ON UNRECOGNIZED LOT 1457 COX NECK RD MATT 113-7-19.11 R80 Parcel Location: House No. Street _JX Neck Road Ma tt i tuck Hamlet SCTM 1000 Section...ll3...B1ock..JlL.Lot(s) 19. II Lot Size 72974 Zone District r-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: pursuant to Town Law 277(6) direct appeal) ApplicantlOwner(s): Michael pisacano Mailing Address: P.D.Box 1931 Southold NY 11971 298-8808 (Deli) Telephone: NOTE: If applicant Is 1101 the owner, slate if applicant is owner's allorney, agent, a!"ChUee!, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. ;: AJress: 51020 Main Road, Southold NY 11971 I J . 'f'elephone: 765-4330 Please specify who you wish correspondence tll be mailed to, from the above listed names: o Applicant/Owner(s) IX Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: o Buiiding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Appeal Pursuant to Town Law 277(6) Lot Size Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zonin~<([diuance by numbers. Do not quote If.f code. Bulk Schedule Article Section 100- Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 2BO-A. o Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal Ie has 0 has not been made with respect to this property UNDER Appeal No,_Year Q/l1/03 Reason for Appeal Continued Zoning Board of Appeals reo Michael Pisacano Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The lot in it's present configuration, has been in existence since 1985, prior to that time it was one larger lot owner by William Chudiak. In 1985 Chudiak the neighbors along Cox Neck Road who had undersized lots of 12,500 square feet in size asked Mr. Chudiak to sell them a portion of his property. Wells increased their lot by 10,000 sq. ft. , Wanat increased their lot by slightly over 10,000 sq. ft. resulting in an increase of the undersized lots to a more conforming size of ~ acre in a two acre zone. The Planning Board had Mr. Chudiak make separate applications for each lot line change and granted four lot line changes to Adjacent owners Wanat, Wells, Becker and Zabicky. December 17, 1985 the Planning Board took action on each application for lot line modification separately. Becker and Zabicky lot line changes accomplished by the buyers due to unknown reasons. were not The Applicant now must obtain a variance for the creation of an undersized lot which was left behind after the lot line changes of Wanat and Wells. The Wanat and Wells parcels remain undersized nonconforming lots but were doubled in size at the detriment of the Chudiak(Pisacano parcel. The remaining parcel is 1.6 acres, more than double the size of the Wanat and Wells . . parcel. If the three parcels were to be presented for lot line changes today each lot line modification would stand alone as a favorable improvement to an improved nonconforming property. Not only would the lots be more conforming they would also be conforming to the Health Department standards of one acre minimum for private well and sanitary. The subj ect modification of parcels to the While this area lots along Cox size. parcel, even after the lot line 1985, remains larger than all the north and south which front Cox Neck. is zoned two acre (R-80) the existing Neck Road are less than two acres in 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is land remaining from Planning Board action in 1985. . The lot was purchased as a buildable parcel and /haJ Health Department approval. Denial of an area ~a;lance for this existing parcel will sterilize the lot. and leave a parcel which is surrounded by developed lots. The owner will lose the cost of the property $90,000.00, and closing costs, paying taxes and interest on loans for the past two years and the added cost of obtaining approvals and litigation which is up to $30,000.00. The owner has borrowed and begged family and friends to keep from losing everything. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The lot is 1.6 acres in size, 72,974 square feet (80,000 is required) the variance is for 7,026 sq.ft. The parcel is a flag lot with conforming width and depth. No variances for the construction of a house is required. The access is shared only along the south end of the flag with the adjacent parcel owned by Milowski. 4. on The the variance physical will or have no adverse effect environmental conditions or impact in the neighborhood or district. There are no wetlands. The parcel is created from the same land which Wells and Wanat now enjoy. Drainage from the development of the parcel can be addressed by use of drywells. Tax Lot 1000-113-7-19.29 was created and approved by the Planning Board for a Town Drainage Area. The neighbors had expressed objection due to drainage issues caused by other properties on Cox Neck Road. This lot will control their own rain runoff, the Town must address the drainage issued through the construction of sumps. 5. The alleged difficulty was not self-created. The owner purchased the property with clean title and a pending approval for construction. The land exists, the lot appears to be a standard construction lot, it is not a road end. The lot was created by the Planning Board through the subdivision process of land to the west or lot line changes of surrounding parcels to the south. No one knew or believed that this parcel would be considered "not approvedr, by; Planning Board action" or left with uncertain st tUB' before he closed on the title. / / / 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The area variance for the lot size is the only action available to the applicant. It is the only variance required and he can not make this lot more conforming through lot 1 ine changes from adj acent parcels because that is how this lot became undersized. Certainly, neither Wanat or Wells would sell back the land which was sold to them from Chudiak which made their improved parcels more conforming. We respectfully request that together with any further necessary and reasonable. the relief appeal that be is granted, deemed 4f#~ signature '. . . State of New York )ss County of Suffolk ) Sworn to this ICJ. day I!JF- /JU~'d-t7o<f o/--'B~ur~ ~- Notary Public MARGARET C. RUTKOWSIQ Notary Public, Stale 01 New YOlk No. 4982528 QuaIItIed In 8uffoIk COUnll.. '-0 7 CommIMIon Elcpir8I.Jun. a. ~ "i I / / jj e) . APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold TownJIall 53095 Main Ifoad P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: Jeri Woodhouse, PB Chairwoman Members of the Planning Board Valerie Scopaz, Town Planner FROM: Ruth Oliva, ZBA Chairwoman DATE: August 26,2004 SUBECT: Appeal No. 5588 - M. Pisacano CTM 113-7-19.11 at Mattituck / / In accbrdance with New York Town Law, Section 277(6), recommendations are requested from the Planning Board concerning the above appeal for an area variance pending with our Department. The Board of Appeals must receive your recommendations before September 13, 2004. Thank you. ~&'~a. e> ) OFFICIAL USE ONL' , PISACANO, M (P. MOORE) 5588 VO , NC.. 115eJ8E erJ ~rJI'l.E!l8!!1rJli!!!:B LOTS/ore vI/I' LABEL (4) 1457 COX NECK RD MATT 113-7-19.11 R80 CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX #'S WRITTEN ASSESSORS CARD (7) PULL NOD FROM BD - 1 ON FLDR RT SIDE RESEARCH PRIORS (6) it" INDEX CARD - MAKE NEW OR ATTACH I ADD ON TO OLD IF PRIOR NlA 'J~ / \ SOIL & WATER LTR: PARCELS ON LI SOUND - Mail ASAP PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL I SUBDIVISION I LOT LINE I SCENIC BYWAY INSPECTION PACKET SIGN (S) MAILINGS: CVR L TR, SIGN, AFFS SIGN PSTG & MLG, LN COUNTY PLANNING L TR , / / UPDATED: NEW INFORMAT:ON: / / t e) e) ~l'EALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ~ FINDINGS, DELIBERATIONS AND DETERMINATION OCT ~ Z003 J'4Sp MEETING OF SEPTEMBER 11, 2003'/':/1 I;. , /') "1,.,..,., .//.<) Appl. No. 5381 . Michael Pisacano (:~..t~y,{d~{~,fr~:;';{Ef;i~):<~ Property Location: 1457 Cox Neck Road, Mattituck; ParceI1000-113-7-1!:1.11. SEQM DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is Implemented as planned. Findings of Fact . PROPERTY FACTSIDESCRIPTlON: The applicant's survey dated April SO, 2002, prepared by Joseph A. Ingegno, L.S. shows the property is vacant, with 51.31 ft. frontage along the west side of Cox Neck Road in Mattituck, and with a total land area of .72,974 sq. ft. (inclusive of a lengthy 50 ft. wide right-of-way). The property is located in the R-BO Low-Density Residential Zone District. BASIS OF APPLICATION: Building Department's November 7, 200?!' Notice of Disapproval, amended November 8, 2002, citing Section 100-24(A) in It~ denial of a building permit application to construct a new single-family dwelling. The basis of the Notice of Disapproval is that this 73,616 sq. ft. area Is not permitted in the R-BO District because it is not a recognized lot by any of the followfng four code standards: 1) The identical lot shall be created by deed recorded in the Suffolk County Clerk's office on or before 6-3D-83, and the lot conformed to the minimum lot requirements set forth In Bulk Schedule; or 2) Lot was approved by the SOu1hold Town Planning Board, or 3) Lot Is shown on a subdMsion map approved by the Southold Town Board prior to 6-30-83, or 4) Lot is approvedlrecognized by formal action of the Board of Appeals prior to 6-30-83. It is noted that the applicant's surveyor confirms the property to be 72,974.44 sq. ft. in size, rather than the Building Inspector's reference of 73,616 sq. ft. APPLICANT'S ORIGINAL REQUEST: On November 13, 2002, applicant applied under Section 100-26 of the Zoning Code for a Lot Waiver, our File #5264. The Lot Waiver request was based on the Building Inspector's November T, 2002 Notice Of Disapproval, amended November B, 2002. Public Hearings were held on February 20, 2003 and April 3, 2003, and June 5, 2003, at which time the hearing was canceled, in order that steps may be followed to advertise the amendment by the applicant filed on May 23, 2003, and for the Notices required by applicant under Chapter 58 of the Town Code. ; .} .) o Page 2 - September 11, 2003 Appl. No. 5381 - Michael Pisacano 113-7-19.11 at Mattltuck . . APPLICANT'S AMENDED REQUEST: The May 23,2003 amended application #5381 is a request for Reversal of the Building Inspector's November 7, 2002 Notice of Disapproval, amended November 8, 2002 based on Section 100-24(A), in which applicant's request for a building permit to construct a single family dwelling on property consisting of 72,974 sq. ft. was denied. The basis of the Notice of Disapproval remained the same, stating that this 73,616 sq. ft. area is not penmltted in the R-80 District because it is not a recognized lot by any of the following four code standards: 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; or 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. After Notices as provided by Chapter 58 of the Town Code, the Zoning Board of Appeals held a pUblic hearing on JUly 10, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: MOTION OFFERED: In considering all of the above factors and applying the balancing test under New York Town Law 267-b, motion was offered by Member Oliva, to APPROVE Michael Pisacano's application to reverse the Building Inspector's determination. Chairwoman Tortora called for a second to the motion. Member Goehringer abstained. Member Homing was absent. There was no second to the motion, and the Motion was lOST. Therefore. in accordance with Town law, Section 26708(13). the Appeal of Michael Plsacano is denied by default. Lydia ortora, Chairwoman - Approved for Filing 10/S /03 .. -, ......_,___ '_...~.____,_..."..~...._,"..'~h__...... I .) . ~~\l1> p.'1p ~!~ PH,uf/o,{luDECK .t wer NEIJD~CJ( O*lUJMC WC/,I,f/JDlCK . J/lCH.(El, /lKUDECK -~ - .~.."'-~, < Nll!l"()O'lO"( -"'" ~ 115,0(1' ~.....- ()- --_. .n.n. ~ . ~ .~ 3 ~ . I ~~ 'I'~~ P-~:.:.o II~E. ! ~~ > '\ ~~ ::!i: I~a~ ~~y '" . ~ -- - . I I I I . I ~Q il~~ d. ! ~~ . ~ ~ /: :';. f ~ .~ ,. ~ti I. , rtmJDJ1<~~LLS. ./T. ... RIrA "IU.S "'"'" -,-.- ". ....... . IOSI/J'O/'''AIlAr "'~Olf."AJl.,lr - e ;:,r \i ~ . . ~ "1!'1!~s"".-r JJ!!~ J. "'iISS6" ;rftll"'~' ~~. :=v &IIIl'II: -... ~~A- ~ .~.T=- CKR'JT1I'IID ft'). nasr MU:1llCAH nTlE IMSUllAIfCt COIIl"ANr Of" HI[W TOI!lC IIIICH.lb. I'lSACA,IfO . . ! SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN Of SOUTHOLD SUfFOLK COUNTY, NEW YORK S.C. TAX No. 1000-113-07-19,11 seAl.[ 1..50' S[PTEUSER 13, "6 ~11l,:UI01Uf'O,o.ltD~AAOUHOlNaUllO'11'Hf1l'SNAlo6 FtlIR\AI\R'l' 21, 2002 f<D>IEO ~ftOPOSED HOUSE APllll JO.:lOO% RMSEOAS PDI CCIftIlECl'ION PHt) .. ~OD 1'1101'. .....TEII UN[ ~ ~ .lIfCI. '" ~)W:.~... /I. () o :>< z i t?=J t1S1' HOlZ 1I.CfA I (JUf"""_,,,..-. ..._...~ . () ~--. .~ J ::D o > t:J o . . ~ ..... ."U;:~~:a..."- ..:==:...--........-- ',....rlM.~-4'...~~,._ 1.___".0,,,,.__,, ....:2.~-_I_.r_,I'.... .. --- .--- ---- ..".._WIltU.S_-._____ ___)lIlIDoI1J.____ ..- ~ ~ ..~-............-.._- __twooor fIIIClII( (Wll"I'-_ r. ("'11'11-17%1 _1I/lIlIIDJ,f _.-.rs 1>>0__ ~.G."_ -'_lUUlOl --'_"""1"'_ e) e-) .,." APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio .Southold Town Hall "53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1809 ZBA Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: August 24,2004 SUBJECT: Request for Comments Presently, the Board of Appeals is reviewing the following application for a September 14, 2004 public hearing. Enclosed please find the ZBA application. The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. , The file is available for review at your conv~nience. NAME 1 REP TAX#I ZBA SO NOD VARIANCE SITE PRE PARER ZONE DATE/S PLAN ISURVEY PISACANO 1 113-7- 5588 N/A BUILD HOUSE - LOT 8/6/03 J. P. MOORE 19.11 R80 SIZE INGEGNO, SURVEYOR FLOOR PLAN: N/A Your comments are appreciated. Thank you. . . ..NOTI~E OF HEARING . . A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property: NAME: MAP #: MICHAEL PISACANO 5588 113-7-19.11 APPEAL: LOT SIZE PROJECT: BUILD HOUSE DA TE: TUES. SEPT. 14 2004 10:45 AM If you are interested in this project, you may review the file( s) prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD - TOWN OF SOUTHOLD -765-1809 . . LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, SEPTEMBER 14, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Tuesdav. September 14. 2004, at the time noted below (or as soon thereafter as possible): 10:45 AM MICHAEL PISACANO #5588. (Directlappeal under New York Town Law Section 277(6), requesting an area variance under Article nl, Section 100-32, Bulk Schedule, concerning a parcel of land containing less than the code requirement of 80,000 sq. ft. Location of Property: 1457 Cox Neck Road, Mattituck; CTM 113-7-19.11. 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 business hours. If there are questions, please do not hesitate to call (631) 765-1809. Dated: August 26,2004. ,a"o;,. Ruth D. Oliva, Chairwoman Board of Appeals ., ZONING BOARD OF APP~S Office Location: Annex Building on Youngs Avenue Mailing Address: 53095 Main Road, Box 1179 Southold, NY 11971-0959 Emails: Linda.KowalskilalTown.Southold.nv.us or J essica.Bol!erlalT own.Southold.nv. us Web site httu://southoldtown.northfork.net (631) 765-1809 ext. 1 fax (631) 765-9064 FAX TRANSMISSION FAX # 7&5- ~ 'lip t.J 3 , ATTN: fJaLLtaa- ~ ZaJ. DATE: J; oi~ /2004 SUBJECT: 170 I P Ut'l ~ .~,a.Ld J :# ~S- Fr MESSAGE: Please find attached copies for your Information. JiU-W~d~0taJ JZtJ.l;r; (fJ ~ (J4tM1 Cl5l:) Please feel free to call. you did not receive all sheets between 8-4. Thank you. Pages attached: L. , ;' . '. " , . , APPLICA aN TO THE SOUTHOLD TOWN BttR ~ {\I'- \ ~ ~\o .: ,,/iftPOffice Use Dilly $ uU Filed By:' ^^ ~~ - Date Assigned/Assignment No. ~" . 004 5'<;"'8' 25 V 0 ~n ~t_;kD Fee: PISACANO, M (P. MOORE) 5588 VO NEW HOUSE ON UNRECOGNIZED LOT 1457 COX NECK RD MATT 113-7-19.11 R80 Parcel Location: House No, Street '". " . -~.'.~_.~-"," "-'".-"' a.s _JX Neck Road Mattituck Hamlet SCTM 1000 Section--ll.3..-Block-D.LLot(s) 19. ] 1 Lot Size 72974 Zone District r-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: pursuant to Town Law 277(6) direct appeal) Applicant/Owner(s): Michael pisacano Mailing Address: P.O.Box 1931 Southold NY 11971 298-8808 (Deli) Telephone: NOTE: If llpplicant is not the owner, slate if applicant Is owner's altorne}', agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Ad/dress: / Telephone: 51020 Main Road, Southold NY 11971 765-4330 Please specify who you wish correspondence to be mailed to, from the above listed nam,es: o Applicant/Owner(s) IX Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: o Buiiding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Appeal Pursuant to Town Law 277(6) Lot Size Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and par.graph of Zoninl):Ordinance by numbers. Do not quote \P.f code, Bulk Schedule Article II Section 100- Subsection Type of Appeal. An Appeal is made for: [ll:A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New Yorl{ Town Law-Section 2S0-A, D Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal!e has 0 has not been made with respect to this property UNDER Appeal No._Year Qll1/03 . . Reason for Appeal Continued Zoning Board of Appeals re: Michael Pisacano Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The lot in it's present configuration has been in existence since 1985, prior to that time it was one larger lot owner by William Chudiak. In 1985 Chudiak the neighbors along Cox Neck Road who had undersized lots of 12,500 square feet in size asked Mr. Chudiak to sell them a portion of his property. Wells increased their lot by 10,000 sq. ft., Wanat increased their lot by slightly over 10,000 sq. ft. resulting in an increase of the undersized lots to a more conforming size of ~ acre in a two acre zone. The Planning Board had Mr. Chudiak make separate applications for each lot line change and granted four lot line changes to Adjacent owners Wanat, Wells, Becker and Zabicky. December 17, 1985 the Planning Board took action on each application for lot line modification separately. Becker and Zabicky lot line changes accomplished by the buyers due to unknown reasons. were not The Applicant now must obtain a variance for the creation of an undersized lot which was left behind after the lot line changes of Wanat and Wells. The Wanat and Wells parcels remain undersized nonconforming lots but were doubled in size at the detriment of the Chudiak/Pisacano parcel. The remaining parcel is 1.6 acres, more than double the size of the Wanat and Wells . . parcel. If the three parcels were to be presented for lot line changes today each lot line modification would stand alone as a favorable improvement to an improved nonconforming property. Not only would the lots be more conforming they would also be conforming to the Health Department standards of one acre minimum for private well and sanitary. The subject parcel, even after the lot line modification of 1985, remains larger than all the parcels to the north and south which front Cox Neck. While this area is zoned two acre (R-80) the existing lots along Cox Neck Road are less than two acres in size. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is land remaining from Planning Board action in 1985. The lot was purchased as a buildable parcel and ha~ Health Department approval. Denial of an area variance for this existing parcel will sterilize the lot and leave a parcel which is surrounded by developed lots. The owner will lose the cost of the property $90,000.00, and closing costs, paying taxes and interest on loans for the past two years and the added cost of obtaining approvals and litigation which is up to $30,000.00. The owner has borrowed and begged family and friends to keep from losing everything. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The lot is 1.6 acres in size, 72,974 square feet (80,000 is required) the variance is for 7,026 sq. ft. The parcel is a flag lot with conforming width and depth. No variances for the construction of a house is required. The access is shared only along the south end of the flag with the adjacent parcel owned by Milowski. 4. on The the variance physical will or have no adverse effect environmental conditions or impact in the . . neighborhood or district. There are no wetlands. The parcel is created from the same land which Wells and Wanat now enjoy. Drainage from the development of the parcel can be addressed by use of drywells. Tax Lot 1000-113-7-19.29 was created and approved by the Planning Board for a Town Drainage Area. The neighbors had expressed objection due to drainage issues caused by other properties on Cox Neck Road. This lot will control their own rain runoff, the Town must address the drainage issued through the construction of sumps. 5. The alleged difficulty was not self-created. The owner purchased the property with clean title and a pending approval for construction. The land exists, the lot appears to be a standard construction lot, it is not a road end. The lot was created by the Planning Board through the subdivision process of land to the west or lot line changes of surrounding parcels to the south. No one knew or believed that this parcel would be considered "not approved by Planning Board action" or left with uncertain status before he closed on the ! title. ( 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The area variance for the lot size is the only action available to the applicant. It is the only variance required and he can not make this lot more conforming through lot line changes from adjacent parcels because that is how this lot became undersized. Certainly, neither Wanat or Wells would sell back the land which was sold to them from Chudiak which made their improved parcels more conforming. We respectfully request that together with any further necessary and reasonable. the relief appeal that be is granted, deemed ~~ signature . . State of New York ) ss County of Suffolk ) Sworn to this Ia. day eF I1vf~'d-~o'f ~~'B --ur-t1! ~~ Notary Public MARGARET C. RlJTKOWSKI Notary Public, Slate of New York No. 4982528 Qualified In Suffolk Cou~~(? 7 Com/lliI8IOIl ExpIres June a. ~ 0 . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER '. Town Hall, 53095 Maln Road P,O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals TO: FROM: Elizabeth A. Neville DATED: August 19, 2004 RE: Zoning Appeal No. 5588 Transmitted herewith is Zoning Appeals No. 5588 - Michael Pisacano - Zoning Board of Appeals application for variance. Also included is letter from Patricia Moore dated August 12, 2004 detailing enclosures; Application to the Zoning Board of Appeals; Reasons for appeal (four pages); Project description; Zoning Board of Appeals questionnaire; Transactional disclosure statement; Short environmental assessment form; Suffolk County tax map and one copy of survey. . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 August 12, 2004 BY HAND Southold Town Zoning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Michael Pisacano Premises: Cox Neck Road, Mattituck, NY SCTM # 1000-113-7-19.11 Dear Ladies/Gentlemen: RECE!VED AUG 1 2 2004 6S<g 8'vo ZOi'F)o',,~, '~;""'PP nr: ,'?,":'!:::,~,l' ,,;:, l .''''':"''':':~:-;:_:::'':'-:''''_..:..~ Enclosed please find the original and six copies of the Variance Application with attachments, along with check #1436 of Michael Pisacano, dated August 12, 2004, payable to the Town of Southold in the amount of $400.00. Also enclosed is a copy of the Subdivision Application being submitted to the Planning Board Office simultaneously. me. If you need anything else, please do not hecitate to contact C. Moore PCM/mm Enclosures cc: Kieran Corcoran, Asst. Town Attorney w/enclosures 'fl PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . . Town Hal!, 53095 State Route 25 P.O. Box 1I79 Southold, New York 1I971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form APPLICATION TO APPROVE REMAINDER LOT AND MODIFY PRIOR LOT LINE APPLICATIONS Name of Subdivision: Lot of Michael pisacano Suffolk County Tax Map # JOOO- 113 - 07 -1:,.11 ;' / Type of Subdivision: Cluster Subdivision: Hamlet: Mat:t:it:uck Street Location: ! Major Minor Set -Off x Lot-Line modification of Yes XNo Cox Neck Road Acreage: 1. 67 acres 72,974.44 Number of Lots: one Zoning District: R-80 Date: 8/10/04 (one lot: prior t:o lot: line changes) " / 1 . . Please list name, mailing address, and phone number for the people be/ow: Applicant: Michael Pisacano P.O.Box 1931 Southo1d, NY 119/1 Agent handling the application: (Contact Person) Patricia C. Moore Esq. 51020 Main Road Southo1d, NY 11971 Property Owner( s): Michael Pisacano ;' , , I Surveyor: Joseph Ingegno P.O.BOX 1931 Riverhead, NY 11901 Engineer: Attorney Patricia C. Moore .)lULU l"lain ROad Southo1d, NY 11971 765-4330 Other Agent( s): 1/ / i I . . Has this property had a previous application to the Planning Board? t i Blf Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances from the Zoning Board of Appeals? f'PAArL:"'" ApprNo~. ., Date 8/0'-/ I Is this property adjacent to any bodies of water? Yes Are there any wetlands on the property? Yes Are there public water mains in an adjacent street? Yes Is public water proposed for the subdivision? Yes Is the majority of the property forested? Yes Is any part of the property in active agricultural use? Yes @) No Yes G) @. No @ No G) (E) ~ / , @ @ @) Is there an existing or proposed sale of development rights on the property? Yes @ Is there a mortgage on the property? Yes Does the owner own any adjacent properties? Yes @ @ Are there any building permi~s currently pending on this proper!y? A-prlLCa.:h&>-\..-.. H~ De-p+- ~LV'ed Signature of prepare(/..~ Date ~ (yeD No g>/o-ot y / · PART i-PROJECT INFORMATtN Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the enviro,ment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOT L,/Vc ~(fi<:,afto-n - mrd 17;:- IZemar/KId' Lor LOCATION Of ACTION J!nclude Street Address, Municipality and County) C07C !Ilea {2.c>ad NAME OF APPLlCANTISPONSOA /J lcJ10ci rt'i:)(2CC24'O BUSINESS TELEPHONE } ADDRESS fJ. o;0&/C I q~ ! ~o/cI /Vi Irq7! ZIP CODE CITYIPO NAME OF OWNER ~f different. c5 tL-?JLe.. ADDRESS CITYIPO ZIP CODE oES;;;/;:;;: /V d;,;lrjl2emol//k 101 ~ Md m~ 1+'10' {of 11M #~(!-tt/1h7 ! Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ol1rban olndustrial oCommercial ~esident,al (suburban) oForest oAgriculture oOther /,tp7 oRural (non-farrr 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Fores~~AA ~ Agricl..1{u%f {fri'c1:d'des orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads. buildings and other paved surfaces Other (Indicate type) V/Ll"~ 3. What is predominant soil type(s) on project sitel a. Soil drainage: DWell drained (DO % of site oPoorly drained % of site b. If any agricultural land is In'volved, how many acres of soil are classified within soil group 1 through 4 of the N' Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcropping' on project site? DYes ~ a. What Is depth to bedrock? (In feet) 2 acres. PRESENTLY AFTER COMPLETION acres acres acres acres /, ~'l acres /,t,1 acres acres acres acres acres acres acres acres acres acres acres oMaderately well drained % of site 7"" . . 5. Approximate percentage of proposed pro;ect site with slopes. ~O% 015% or greater % 010-15% % % 6. Is project substantially contiguous to. or contain a building, site, or district, listed on the State or the National Registers of Historic Places? DYes ....0110 7. Is project substantially contiguous to a site listed on the Register of National Natural landmarks? DYes .J3No 8. What is the depth of the water table? /71 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? DYes ;aNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes A1No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes la'No According to ll/Sh,r/Xd /~ - ~ry "tfu~ Identify each species Pd /YltJiJ r-e... 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations). DYes irNo Describe 13. Is the project site wesently used by the community or neighborhood as an open DYes .BNo If yes, explain Does the presentsi!7 include scenic views known to be important to the community? DYes p1<l0 Streams within or contiguous to project area: AbJVZ- a. Name of Stream and name of River to which it is..tributary space or recreation area? 14. 15. . / 16. la~,es, ponds, wetland areas within or contiguous to proje't area: I a. Name b. Size (In acres) 17. Is the site served by existing public utilities? DYes ~o a) If Yes, does sufficient capacity exist to allow connection? DYes DNo b) If Yes, will improvements be necessary to allow connection? DYes DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 2S.AA, Section 303 and 304? DYes EINo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECl, and 6 NYCRR 6177 DYes JaNo' 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: I. b acres Initially; c. Project acreage to remain undeveloped 0 acres. d. length of project, in miles: II//-t (If appropriate) e. -If the project is an expansion, indicate percent of expansion proposed 0 f. Number of off.street parking spaces existing (1 ; proposed 2--- g. Maximum vehicular trips generated per hour AI/ It (upon' completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially , / Ultimately / I. Dimensions (In feetl of largest proposed structure height; i. Linear feet of frontage along a public thoroughfare project will occupy isl 3 o /-6 acres. acres ultimately. %; Multiple Family Condominium width; length. ft ."If / / / . 2 How much natural material (Le., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? DYes DNa ~/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNa c Will upper subsoil be stockpiled for reclamation? DYes DNo .4 How many acres of vegetation (trees. shrubs, ground covers) will be removed -from site? 5. Will any mature forest (over 100 years old) or other locally.important vegetation be removed by this project? DYes I8No 6. If single phase project: Anticipated period of construction . n tons/cubic yards C) acres. (0 months, (including demolition) 7. If multi.phased: .J a. Total number of phases anticipated ~ (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? DYes 8. Will blasting occur during construction? DYes\tlNo 9. Number of jobs generated: during construction ~; after project is complete 10. Number of jobs eliminated by this project tV IA . 11. Will project require relocation of any projects or facilities? year, (including demolition). year. DNo o DYes ~No If yes, explain 12. Is surface liquid .,,,,aste disposal involved? , 'fJNO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of "later body into which effluent will be discharged Is subsurface liquid waste disposal involved? ~Yes DNo Type 5<t~ - A-rpA H' ~ Will surface area of an existing water body increase or decrease by proposal? DYes ~o Explain Is project or any portion of project located in a 100 yeadlood plain? Will the project generate solid waste? .'bSJYes DNo a. If yes, what is the amount per month ! 'j ,/W . t<7llS b. If yes, will an existing .solid was~e facili~. be used? -dYes DNo '. f i c. If yes,. give name Guk.1'I~J'" \ I () lI~fi't' S-\cchCrf'1; location C 1 ~ ()~f I' _ d. Will any wastes not go into a sewage disposal system or into a sanitary landfjlll DYes ~o e. If Yes, explain DYes 13. 14. DYes ~o 15. 16. 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. I f yes, what is the anticipated site life? DYes ~o tons/month. years. 18. Will project use herbicides or pesticides? DYes PNO 19. Will project routinely produce odors (more than one hour per day)? DYes ~o 20. 21. Will project produce operating noise exceeding the local ambient noise levels? DYes Will project result in an increase i'{inergy use? ~YeS' DNa If yes. indicate type(s) \<(v.l;&.vvJ10J1 Ou.rJC9~ If water supply is from wells. indicate pumping capacity fccf) gallons/minute. Total anticipated water usage per day ~eo gallons/day. Does project involve Local. State or Federal funding? DYes ~o If Yes, explain ~o 22. 23. 24. 4 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? If Yes, indicate decision required: Ozoning amendment ~oning variance Ospecial use permit Osubdivision Dnew/revision of master plan Dresource management plan Dother LOT!/A.> t..- ~O C"-_C_"J' I / ;' I' 25. Approvals Required: / . City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies 'JIlYes DNo )DYes DNo ~Yes DNo )8.Yes DNo DYes 1;.'lNo DYes ~o DYes )1QNo DYes Of No . Type Submittal Date ~ 4 / ~ ~ . oj; i 'f,7A/,:<.f C-'I E/)(!Y ~r- d', 0 ~ C t:iG ~/6f~11 ~'a. :z: ~$kf(C. .' i)' 'Le.c.c4U-t' efl ' ~Yes DNo Dsite plan 2. What is the zoning c1assification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? I 1-1'0 vSL Il&lctlwa..J' 4. .What is the proposed zoning of the site? 5. 'What is the maximum potential development of the site if developed as permit~ed by the proposed zoning? / /f& U<J..'Z- ' 6, 'sthe proposed action consistent with the recommended uses in adopted local land use plans? )DYes 7, What are the predominant land use(s) and zoning classifications within a V. mile radius of proposed action? ;p P.d /d'e.-n..n Cz./ 8, Is the proposed action compatible with adjOining/surrounding land uses within a V. mile? 9. If the proposed action is the subdivision of land; how many lots are proposed? a. What is the minimum lot size proposed? / 10, Will proposed action require any authorlzation(s) for the formation of sewer or water districts? 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? DYesJONo . a. If yes, is existing capacity sufficient to handle projected demand? DYes DNo 12, Will the proposed action result in the generation of traffic Significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic? DYes DNo / )aYes DNo DYes ~o "DYes' ~NO DNo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the in!ormation provided a,.\love is true to the best of my knowledge. Applicant/SponsOJN~ !;tU::hde/ !1sdrawo hjl ;:;:;~~(,.4it?~ Date r;!IO/oY Signature ~ Title il:dt.L II the action I. In Ihe Coa.lal Area, and you are a .tate agency, complete thkoa'tal Assessment Form before proceeding wIth this u.essment. 5 "T } / / , . . D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts l!ssociated with your proposal, please discuss such impacts and the measures which you propose to mll1gate or aVOId them. I. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. VaCaiL/- 13, -1ici1i4tft~l /J.t..-n1'/ltOffl ~ 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). jJYI";<J., WLll - r?5,dPII/;';J R~ 3. If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility, f7nva2, vvcV 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanationofstatusofreviewby~genc'y. low t'\j'~ 'f-orl.cf how e'L<ry'/fr~,1 !i"VtL""U. ~ - sknrdcpyc/ - , 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include, but not be limited to: a. The use of drought tolerant plants for landscaping. '. b. The preservation of exis'.ing native vegetative buffers. II c. The conservation of ex,fsting open space areas. . d. The implementatIOn, df "natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). (2edu-GR s;or'nj(;~- Ara.;tL. {"('sdk>t f- f1(~- E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Signature~4 ~ Date Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 ,.--- ^'~ / . hl'l'r.lC'hN'l' Tn^NShCTlONht.. IJI!'icr,OsUnR rOnH . The Town of Soul:.holdls Code.~gldcs prohibits conflicts of inter-est an the PiJ.r:l. of-...towll officers. and employees. The ~pose of t.his form i~~rovide info.rmation whlchcar~. 2-1ert the tawn of posslbJe conflicts of interest and allow it to. take whatever action Is fleces5_~l:.o avoid same. fi1rchoel ?rSaCClJ1D _ (r...;:.at name.. rlcst.ttame, nllddle init.lal, unlesR YOtl are ~pplylng ill ti,e JI~mQ of 6omeone el~e 0['" other- entity, silch <IS <'I comp"ny. If so, .lll<llc"le the other pet"soll's or: camp,any's nallle.) YOUR NhH:R: NNl'lJRE OP ^I'Pl.IChTJON: (Checl< ,,11 that. ~pp.ly.) T<.IX grievance Variance )( Change bf zone ^pproval of plat. Exemption f["om plat or. .C;,crlc:La_t lIl;'Jp o the r (O'f It;'" '-~la'fU1,L- (If "Other," name the <\ctlvJty.) Uo YOIl pecaonal.1y (or:- t;hr:-ouY'1 your: c(,mp..."y, "'ponne, Rih.1.1nq, pnren~. or c)\IId) Itava a r~la~LonRI,ip witll any officer or: emplo-yee of the Town oE Southold7 "'Relntlonshlp" inclu(Je~ by hiood, marriage. or ~ueineR9 intere6t. "nuaineeR interest.. ~eatlB' iI buainel1lJ. illcllHJiny it parl:necahl{), i.J1 which the tovn o(Eie-at:" or: "ernp.loyee-: hits even a partia 1 ovnecRhip o( (or employment by) la cor.pociltlolt in \lllich the tOlln offIcer 01:" employp.e OVn"! moce than 5% or the allares. I YES NO L If you ansvered "YES." camp.let'e the baJ.ance of thIs fO!':"m :<\nd date a~d slg" vher:e indicated_ Name of person' empl.oyed by the Town 0-( Southald Title or PORillon of tllat peCSOll Describe t.he ("elatlonship between you("self (t.he applicant) and t.he town officer:- or:- employee. Elther:- check the approprlate llfle ^) tllrougll 0) ~Ild/o(" de~cr:-ibe in tile Rp~ce provided. The town officer 01:" elnployp.e or Ids ur her spouse, slhllnq, parent. or child Is (check all t.hat. appLy) I _A) t.he owner: of gnaater than '5% ot: the shares of the corporate stock or-the appl L-callt (fJhel' tho€, "'ppllc~llt: is ~ corporatlo,,); 0) tl\e le9al or l)ellefLcL~l OWllp.r of allY illte~e~t LIt ~ noncorpor<lte elltLty (whell trle applicant Ln 1I0t ~ corpora t Lon): ~C) an offLcer, dLrF.'ctor., p;"l~tnf>l:", dr. employee o[ l-.Ilf~ applicant; or I)) the actual "ppllc"lIt_ Dr-SCRIPTION or I1EI,f\'I'IONSnrl' .----------.--.-.--.- ---_.~--~---------------------- -------------------~-----------_.~------~----- .<;\1hl11 1 1".1 r:>d Lll{~ JP__d"y or~~~d- c:x?<j' Si(Jrl"I:\.rp~~-:::' 1',\..,. n",,'"__f':'7LC-{{,ctt;;;c _1?/5/jC/I/VO " .' . . PROJECT DESCRIPTION (Please include with Z.B,A, Application) AppiJcanl(s):. M 'C.HA~,- pt S ACI97V 0 I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions bevond existing building: Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend bevond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: ik?' Dimension/size: / z.~ X .3 00 ft 1/:> 5" I,t..~ )( '151.05 .,)U5 Square footage: 7~1 c;77' ' Height:_ Purpose;!~nd use of new construction requested in this application: . o~/i'1J" ~""'J7 oUv..h/7 Ifl- 3'7 )q ~.n .3/2. #. ~ III. IV. AdditIOnal infonnation about the surrounding contours or nearby buildmgs that relate to the difficulty in meeting the code requirement(s): ~;-~ e;: .L;;'AJ......i; AP",,-,/,.,I- ~' iA/h-n.n+ dr4:-_ /,:,,L /0;'" c.A,,'u'r-: ,,~~/ tv.. I/..r ~J~_#_ h 6r .s I'ldM ) - V Please submit seven (7) photos/sets afier staking comers of the proposed new construction. . 7/02 Please note. Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765- 1809) if you are not sure. Thank you , !" . . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? DYes DNo B. Are there any proposals to change or alter land contours? DYes ptNo C. I) Are there any areas that contain wetland grasses? Nl'/.1e. 2) Are the wetland areas shown on the map submitted with this application? IVO ne 3) Is the property bulk headed between the wetlands area and the upland building area? lVo 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? 11//4 D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /11/.4 (If not applicable, state "n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NOIV~ (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? where or submit copies of deeds. NO If yes, please explain H. Please list present use or operations conducted at this parcel Veuan f:; and proposed use t<t!?sidMce Authorized Signature and Date ;?-/2-oy " . ' APPLICANT. TRANSACTIONAL DISCLOSURE FORM The Towll of Southold's Code of EthicS Ilrohiblts conflicts of Il1telest on the Dart of Town officers and emDloyees, The Dumose of this fonn 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: M 'CH..J!tt'~ P,s~o (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 or company name,) NATURE OF APPLICATION: (Check all that apply,) Tax Grievance Variance y: Change of Zone Approval of Plat ~ Exemption from Plat or Official Map Other If "Other", name the activity: 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, includ/cng 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 than5% of the shares. I YES NO X. If you answered "YES", complete the balance of this form and date and sign where indicated, Name of person employeq by the Town of Southold Title or position of that person: Describe that relationslup between yourself (the applicant) and the Town officer or employee, Either check the appropriate line A through 0 (below) and/or describe the relationship in the space provided, The Town officer or employee or his or her spouse, sibling, parent, or chtld 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 non-coJvorate 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 RELATIONSHIP SUbmitted~~~, YOf~t/f'T. ;)-00'/ Signature ~ ~~= Print Name: /11, ' I Sa r " , . J i I I i " i 14016-0& Ivan_Text 12 I PAOJECT 1.0. NUMeEA . . 617.21 Appendix C Slate Envlnonmental Ouellly Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPUCANT /sPONSOR 2. PROJECT NAME z:. I '.-f (~C7<a //0 Lot It~ 3. PROJECTLOCATlON: COX /VllcfC 12-t!?acl Munlelolllty County .co PRECISE LOCATION (51'", adelrest.nd toad lnlenec:Uans.. prominent landmarks, ele., Or provide maal VaC'unf /6t- (/6V>( Nee r ;C--<vorl~ 113-07 . / 9- II SEQ ~ . ~. -..,'] 41a/;f lvUL /71 a /17 luc Ie.. 1000 !i. IS PROPOSED AcnON: .Qg..'New 0 ExoanslOn I. DESCRIBE PROJECT BRIEFLY: o Modlflcatlon/alter.tlon VeL!' apr, / /0'/ - ~l fJ:'.t1.w :7 10 f ~~ CI$a,* z. .0 /- Ie /YlOr 11;., ? .7Jt.. ..e-o /It C.-z.ra J':." 9 .[ / Zp "'7,. /or.s.- _ / r 7. AMOUNT OF LA~D J.FFECTEO: InlUlIly /. ~ .cru Ulllmalety h:? acres 8. WIll PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER E~ISTlNG LAND USe AESTAlCTlONS7 o Vu ,JaNO II No. describe tlrlefly / C&....e C~ ~.-tA. 'a...............P / 9. WHAT IS PRESENT UNO USE IN VICINITY OF PAOJECTI )8l.Resldenllal OlndUSlrlal 0 CommercIal Ouctltle: o AQricuUure o ParkJForuuOpen spice OOlher 10. oaES ACTION INVOLVE A P~MIT APPROVAl. OA FUNO'NG, NOW OA ULTlMATELV FROM ANv OTHEA GOVEANMENTAL AGENCY IFEOEIlAl. STATE OA LOCALJ? I8Ivu 0 No "Y", "SO 'o.n')1', .nd ."m,U'DP,m,. /J H~,Jf~ . /J.e;?t ~ 41)'lY..IrY"t'c>t' 11, ~OES ....Ny ASPECT OF THE AC'l"',.;~ HAVe A CURRENTLY VAUO PERMIT OR APPROVAL? IbJ Yes 0 tv- It yt:. lisl a9~r;cy name and permluapproval . fNJcfJl- 12, AS A RESULT OF. PROPOSED ACTION WilL EXISTING PERMlTfAPPROVAl REOUIRE MODIFICATION? Dves No 1 CERTIFY THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEOOE Sl~nuure: O~lt: 8~r d-OY APPflcanusponsor C-I9 N 0 " lhe aclI,!n Is In the Coastal Area, and you are a stato agoncy. complele Ine . , Coaslal Assessment Form before procoedlng wilh this assessment OVER 1 '-'.../ ., Date: 08/16/04 Transaction(s): Name: .. Town Of South old P.O Box 1179 Southold, NY 11971 . * * * RECEIPT * * * Receipt#: 1 Application Fees Check#: 1436 Pisacano, Michael Pob 1931 Southold, NY 11971 Clerk 10: BONNIED Total Paid: 1436 Subtotal $400.00 $400.00 InternallD: 99554 . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Lydia Tortora, Chairman and Members of the Zoning Board of Appeals Bennett Orlowski, Jr., Chairman 3df;j~ Date: April 1, 2003 Subject: Request of Pisacano, Michael for a Variance SCTM#1000-113-7-19.11 (formerly Chudiak) Appeal #5264 The Planning Board did not authorize the creation of this parcel as a separate building lot. The Planning Board, by request of the owner, intended to allow the property owner to sell his property in four separate parcels to adjacent property owners for the purpose of merging with pre-existing lots. The owner never requested any single and separate lots to be created by the Planning Board. The Planning Board never created any new lots by this resolution; they just enlarged the old existing lots. And, from my understanding, two of the parcels created were transferred immediately to the bordering neighbors and we were told the two remaining parcels were to be transferred shortly. VS:ck . e) (') e) (; .,' D -) y 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 pranning Board approve the lot-line change to add 25,000 squ~re feet from the property of Chudiakto 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 wi th 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 approviil 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, ~- ~)~J0o!(l,n.,c BENNETT ORi.O~'SKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ; '," . . 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: . , I Sout;iold Town Planning The following action was taken by the Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board lot-line change to add 18,800 square feet from of Chudiak to the property now or formerly of to the following conditions: approve the the property Wanat subject 1. That the property of Chudiak will be conveyed to and merged wi th the contiguous house lot to the East, now or formerly of Wanat. 2. That only structures may be two parcels which one (1) residence together with constructed and maintained upon will become merged into one. accessory the 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\.-At O\Abb"tkJ I WcA/)JY BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD '. / to. '. SCHEINBERG-, SCHNEPS, DE PE',J:~~& DE PETRIS . ATrO:m-."EYS AT LAw 220 ROANOKE AVENUE POST OI"ll'ICE.sox 399 OC13 1~85 SHEPARD M. SCHEINBERG MURRAv B. SCHNE:PS EMIL F. DE PETRIS RICHARO E_ DE PETRIS ,JANET GEASA RrvEIui:E:An, NEW YORK 11901 ISICORE: SCHEINBERG (5115) 727-5100 190CHlUIS October 1, 1985 Southold Town Planning Board Town of Southold Town Hall Southold, New York 11971 Att: Diane M. Schultze, Secretary Re: PropertydfWilliamChudiak 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 $50.00 each. We understand that when approved, there will be a re- quirement that a covenant be filed to the effect that each of the parcels will merge with the contiguous parcel on the east which fronts on Cox Neck Road, and we will assume that the approval will be made conditional upon such filing, and the c~venants will be filed once the approvals have been given. I understand that it is not necessary for me to be preseht when these applications are heard since they are self- explanatory. If this is incorrect, please let me know. v~rs,___ Emil F. DePetris de ~ lO'lO'n.k.....-rn . . .NOV 7 1985 ilL. --'85} , I SOHEINBERG, SOHNEPS, DE PETRIS & DE PETHIS ' ATTORNEYS AT LAW 220 ROANOKE AVENUE POST OFFICE :BOX P.l99 SHEPARD M. SCHEINBERG MURRAY B. SCHNEPS EMIL F. DE PETRIS RICHARD E. DE PETRIS JANET GEASA RIVERHEAD. NEW YORK 11901 IStDORE SCHEINBERG 1900-19BI!5 (516l727-$IOO November 6, 1985 Town Planning Board Town of Southold Southold, New York 11971 Att: Ms. Dianne M. Schultze Secretary Re: Proposed lot line changes (~1illiam 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 ~ine changes will be sUbject to the requirement that the dee?s which convey the Chudiak property contain this covenant: i "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, ../A>- Emil F. DePetris EFD: sr rl'-,tl\ "\ A. 6> ~\.v \\/ WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . .. .,PLANNING BOARD MEMB./IfI) BENNETT ORLOWSKI, JR. Chairman Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 " 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 Planne~ . 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, applfed 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. ,. .J .-> . " 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 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 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 ,. ". ., ," 1"'.6 1"'.2 14.11. 1.4A(C1 , 1.0/1..lCl l.5Ak:) '. - . . .' "' 14.5 ,l\' 1.2Mc\ ", - '" . .. '" ~ - 5 " 6 .. ..~ .. . ~ ! '! \0 " '. w ." .. "' <~_"l~7 @ OF . 19.23 37.0A 22 6.0A \.f;):-' \C' 1.:-'~ . . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,NewYork 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 15, 2004 Southold Town Planning Board Jeri Woodhouse, Chairwoman Main Road Southold, NY 11971 Re: Michael Pisacano 1000-113-07-19.11 Dear Ms. Woodhouse: In accordance with our discussion at the Planning Board work session, enclosed please find the a copy of the survey which shows the existing configuration of the property. The subject property is the balance of land previously owned by Mr. William Chudiak (now deceased), a long time farmer and large landowner along Cox Neck Road. The deeds to this land date back to 1956. This 1.675 acre parcel was the subject of lot line change applications which were initiated by mutual consent of the abutting owners of Tax lot number 15, 16, 19.18 and 19.19 (see tax map attached). The Planning Board approved the lot line changes in 1985. Thereafter only lot 19.18 and 19.19 completed the lot line change with the appropriate deed restrictions that the lot line change constituted one combined lot. Mr. Chudiak was left with the subject property remaining, lot 15 and 16 could not complete the lot line change. , . .)MIf IS, P(~ ff> In 2001 Mr. Chudiak was very elderly and dispos of all his properties. This lot was offered to the adjacent owners through Celie's Real Estate office. 10)- ~ (~ Ie ~ 'iii ~ ,~ ulll ,Ill! 1 6 2004 ~ Southold Town Planning Boarrl . . , The adjacent owners were not interested in purchasing this land. Mr. Pisacano went into contract and proceeded to obtain Health Department approval to construct a single family residence on this property. Communications with Ed Forester, the principal building inspector at the time recognized this lot and was prepared to issue a building permit. In December 2001 Mr. Pisacano purchased the property as a buildable lot. Since 2001 Mr. Pisacano has been paying on loans and incurring debt. with appeals and litigation. A Zoning appeal was submitted in 2003 to overturn the determination of the building inspector that this lot was not a recognized lot, but after months of hearings and testimony the Board failed to make a finding on the issue on September 11, 2003 and the only recourse available to Mr. Pisacano was an Article 78 appeal. The Court in May 2004 upheld the ZBA _ that their failure to make a decision pursuant to Town Law 267-a (8) resulted in a denial of the application. Moreover the Town claimed that the ZBA had not issued a variance for the lot size which was less than 2 acres (this lot is 72,974.44). Mr. Pisacano begins again- he requests that the Planning Board review and ratify the two lot line changes which were approved in 1985 and consummated with the sale of the property and filing of covenants. The remainder parcel will be recognized as a lot being 72,974.44, subject to ZBA approval of an undersized lot. The building inspector can not issue a notice of disapproval for creation of the undersized lot until the Planning Board ratifies the two lot line changes (rather than four lot line changes of 1985). Without the notice of disapproval we can proceed to the ZBA for an area variance for the lot size. The Health Department has already approved this lot and once the ZBA grants the approval the parcel can be developed with a conforming single family residence (no variances were needed for the placement . . , of the house. We thank you for your cooperation. Very truly yours, atricia C. Moore cc: Town Attorney Mr. Pisacano Valerie Scopaz, Planner "' -~~l ~ <Jl "'.. ~vl. .-::. ":..' '" V S\(f" \ SURVEY OF PROPERTY SITUA TED AT MATTITUCK TOWN OF SOUTH OLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-113-07-19.11 SCALE 1"=50' SEPTEMBER 23, 1999 JANUARY 18, 2001 UPDATED SURROUNDING LOT OWNERS NAM. FEBRUARY 27. 2002 ADDED PROPOSED HOUSE APRil 30. 2002 REVISED AS PER CORRECTION DEED & ADD PROP, WATER LINE '" i i S N/O/F PHILLiP NEUDECK d; LUCY NEUDECK DWELLING N/O/F LUCY NEUDECK &, MICHAEL NEUDECK DWELLING o q '" "'. .. o , N 89'00'20" E 125.00' -~ r , ~/ ~ """ o.3's. O.L E./W. Z ro"',,_ l.lOf<l.O.3'S. ;a.. ~{t~~FENC( FENCEO_J'S. !~ ~oc:f.f.lo/CIN :5 do <D .: o . ". ~ f;j5J . ?l ~ I" "':0;: ~ ::2Ctl-;: ~~:s~ ~" tt:~"i ~ t::..... ~ t:~ 5.1 '" '" wrr....F1tI.4/E w""" '""" -""" '" o q '" ~ .. o , AREA 72,974.44 SQ. II, 1.675oe. J.8'(. 1.n. _. .."'" AJ W~ 0 Z 0 ~ q '" ".'" d <D .: li; >;' 0 :; _ it::.: , " """,:'.. (-J~~~:.: '" 1-, ~ '\ ! ~ ~ ~~ C) '" n ~"OjOj"i " .. - "'''' ~ C)C) .. '~~ ~. ~~ . ; ? " r ~~ !VI;: ~Il:: ;;J~ 000...... " '<:"''': ~ ~ 0 ~ tI)~~ " 'S ~ ~~ /",. / ./ ,of> ~(-'\ \."\\(" ,-,1, ' n o X ~ ~ -;; Z c m M c n . n . ~ . A ~ . :9 TEST HOLE DATA (rrST HOlE DUC !11' l./"noN.IJn r.Fn"r:IFNCF ON .JANU).RY ]4. ](l())). PALE8~nNElo~roIV~~DSP '" .. .. "! " n' '" '" "'. " 0 ...~ . q :!i r '" ". , .... <D. \Y- J t;;5.1 b .. "" . 0 , .. CIJ;Q ~ ~ I~t;;:.::.: ... g'<ll::a- .., " z!t;t:::" ~ ~"e::~"i r 0", . , ~ ~Cl ~ FOUND COMe. .....~ t<ICltl- o.J'~. Cl '< .,,' 3 ';:;i.. :E \~~ ;E. ...~ l'" -If' , .-(";r- " " ; ~ ~ " , .' . tv '" .. .~ ~ . '. " ,.. .. '. .~. " : .. ~ " ~ """', 125.00' , ~: / ~y-~ o-,'-J '- ~ v N!O/F THEODORE Vl. WELLS, d; RITA WELLS DWrLUNG ....... " \ \ = 1. ELEV.6.TIONS ARE RErERENCED TO AN ASSUlolm DATUM EXISTING ELEVAnOHS ARE SHOWN THUS: X',,' 2. MINllIlU~ SEP'TlC TAIoII< CAPAClTlES rOR A I TO , 9EDROOl.l f.10US[ IS 1,000 GAU.OHS. I TANK; 8' 'tONG, ,'-r WIDE, 6'-7" DEEP J. 1IlINI~Ul.l LEACHING SVSTEl.l FOR A 1 TO , BEDROO\,j HOUSE IS JOO .q fI SIDCW,l.,LL AREA, 1 POOL; 12' DEEP, 8' dla, e PROf'OSCl EXPANS~ POOl. @ PROPOSED I.EACioll~O POOl ~ PIlOPOStt'lSC"T1CTA~K 4. THE LOCATlON or WELlS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR OATA OBTAINED rRO'" OTHERS. JT. I ?:? "'008 Uluu.,d UMOl PIOijj(1oS . ~"m " '" '" '" " @~ N/O/F JOSEPH P. WANA T &: ELEANOR WANAT DWEUING \ vooz 9 1 lilt' G' 25B,\ """' """-~ '" " 0 o :-"u. :Volt.O l.O~~ 0, PREPARtD IN ACCORDANCE wm-t ~E l.lINllolUt.oI STAHOAROS rOR TTTU SU~ AS ESTAEIl.lSHED BY nlE L1ALS. AND APfI~ AND ADOPTED FOR SUCH USE ilY 1l-IE NEW 'J'ORK STATE LAND mu: .lSSOC~TlON. ,eft ,. ~ ~ ,..:( " ~. G' ;\2.\ . 1l/Jo/lJSSSESV11 ~S . SI Jf.loI~llE J',. /I. Jp,E U~lZED AlTEAATlON OR AOOITlON TO lMlS Sl.JRV[Y IS A \IlOV.TION or SECTION no; CF TI-IE HEW YORK STATE fIll.IC\no... LAW. COPIES OF THIS StJINEY loW' HOT BENlIHC TI-IE lAND SUMYOI'I'S INI([O SUl OR DolBOSSED SE:Al SHiIrl.L NOT BE COtolSIDER!D TO BE A VAlJO 'fI:lut COP'(. ~~~Sp=~~~~ IS PR€PN'ItO, NCl..ON tts IIOW.F 1'0 THE ~~~~AHD~ 1'0 M ASSlONtESor THE lDONO Mm- TUr'I()N. CDmrlCA'OONS ME HQT ~. THE [XlSnNCE Of RIGHT or WAYS AND/OR wtworrs or RECORD, Ir AHY, NOT 5HOWN AJt[ IoIOT ~ED. TitJ~ SIItve)'3 - SubdlviliOf1S - Sit~ Pla"s - Com,tn,;c/io" ~o.wul CERTIFIED TO FIR$T AMERICAN TITLE INSURANCE COMPANY OF NEW YORK MIOHAEL ~ISACANO PHONE (6.31)727-2090 Fox (631)727-H'2Z MAJUNG ADDR[SS PO Box 1931 Riverheod, Ne.... Yor. 11901-0965 omcrs LOCATED AT 1 J80 ROANOKE AVENUE RIVER HEAD. New York 11901 (pL~ ~ . . .LO.-k.- T oUJn Board of Appeals MAIN ROAD. STATE ROAD 2S SOUTHOL.D. L..I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3243 Application Dated Apri 1 11, 1984 TO: Mr. and Mrs. Kevin Milowski P.O. Box 134 Cutchogue, NY 11935, (Public Hearing May 17, 1984) [Appellant (s)] 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'AN..p LESLEY MILOWSKI, Box 134, Cutchogue, NY for a Variance to New Yorl< fown La"~, Article 16, Section 280A, for approval of access over a private right-of-way at the west side of Cox Necl< 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 Necl< 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 th.is appeal , the .poard also determines: (a) that the relief requested is not substantial; (b) that'by granting the requested relief, the character of th~ neighborhood will not be adversely aff~cted;(c)~ th't by allowing the variance, no sub~tantial detriment to adjoining properties would be created; (d) that no adverse effects will be "produced on available governmental facilities of any increased population; 0e) 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 a11o~ing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doug- lass, it was i . , (tONT)NUED ON PAGE TWO) t0b~ ~\~r!\ . DATED: June 13, 1984. CHAIRMAN, SOUTHO~D TOWN ZONING BOARD OF APPEALS ",nrm 7.1'14 /.r.." l? IRl \ e,;.b. . -' ~~ ,,r"- . "- /' .pag-e 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, B~ AND HEREBY IS APPROVED AS APPLIED AND SUBJECT TO THE FOLLOWING "CONDITIONS: 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~ff 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 Th'Us 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 Inspe~tor 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: Neck Road, Mattituck, NY; of 012. Right-of-way at the West Side of Cox County Tax Map Parcel 1000-113-07-part 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. * * * A:';~.t~~, GERA D . R, I MAN June 13, 1984 ", '<., .. ..' .. 35, i '..j ~ '-- .... ..._._-,.~ " NEUOEC:'::" _ ." \. N RQ~\-;'i ?o'E...,"",. '3 .~ ." ''il 00 / t / " i \ If) 0- It q 2 ..,. /' /' . '6,."--. '~ N. ..",.6\1!1 lS ." "'. U) . - "'-. m'\ --- .-.,..- g ..; !!+ ---- ) '1\ ~ '3 tl, 0: l- I tj ii /' " . .," ~. ID,O S1Wcdzo Vi .$' ...---...... "- ... " ""-- --~..'--- \ - III III o Z ~ J \ c lli ~, ~ . Q . I~~ ~ 9 ,~ c-'~: " '3 __.f2,5..C 25 .0 o ~'~..,.' /' , /' .....' >- ti. .. ~ "\ /' ! 8 () u,- F N a 8 N '\ .0 \ ! , i i .." ..~ .~'" ~. ~/. ~. , .' I i i I I i i ! \ ...._..~J I WI .,"'~ . _.:....u.~:: 1~.;5L1 .Z$ .}J~ .4iWl- .~ -' of' .------ --- ;25 .Q 040 c. ,,--- nit.: tU. :)ltll i.J ~8 IDI/'I .E:1 ~. q~ 8 In "p \ . -......"-.... , . . i- -, NEUOECk. 1 i \ ..! /' / / , 125.0 sst(;.~;h!aw' - \flu: We . ~ -..,J1n ~~ g~' '\,fri iQ. ~ 1"0 ~~ ,~ '. 'Jd':'N. ..10 \'Sl ~ --~ ~ t)!l ~ ~ ' r.~ . ..~ 11~. ~p " .. ! i i !,,, Ig.89-"mZOE. .-- Ie . \ / / , "," . ~-_// '" .- ",~IC:i<C.Y .Z;;,o::JO .5:F o d 2 i-I I ! o 0(, @ --1 35 j ,. , _..1 _~.Jii!5,Q S. ul o ..j~ m J,. 'g .10 'Y"'-, '., ':. '.' , V , ::J i V ! Ul V :z: ..---4 '_n""",,, f i ! I I \ I J , ....... ". 1-;'-- ~l' ~l~. lfetls.r .'" lZ5;O' ',' 'I I I 1 I...:ell"".. . . Jz,sq:,s:!," j o ~ x o u 'w,' ,9 r -- "l I .. .J , , \~~AI'~"'r ',. q.,.:5.:~. L.__J ~.jI , '",:',::"";':,.-,' ".. r .. of'< .....iI';./: .~ . ~,,~ '--\ , el: 'A\ .... ~. c~ RA .~ { f"" ;'l~., ~ " , LAW OFFICES WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEA5A WICKHAM, WICKHAM 8 BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298~8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 August 20, 200 I Re: Theodore and Rita Wells SCTM# 113-7-19,19 1575 Cox Neck Road, Mattituck, New York 11952 ~~ - , AUG 2 2 2001 t: ..,c SoutholdTown Planning Board Michael Verity, Senior Building Inspector Southold Town Building Department 53095 Main Road P,O. Box 1179 Southold, New York 11971 Dear Michael: We are 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 farrily residence, I the Wells have a deeded right of way over the 50 foot right of way outlined in blue, The Wells and their neighbors keep open and use the right of way on a constant basis for its full extent. Tax lot 19,11 was supposed to have been added to tax lots 15 & 16 per Planning Board lot line change approvals on December 16, 1985 (Chudiak to Zabicky and Chudiak to Becker), At that same meeting, mergers for Chudiak to Wells and Chudiak to Wanat were also approved, and those transfers were made (now tax lots 19.18 and 19.19). The Planning Board approvals prohibited construction of a residence on 19.11 since it was to be added to the two lots which already contained residences, Moreover, the property is an R -80 zone. Please keep us advised if this matter progresses. jj;~ Abigail A. Wickham Encl. AAW/al cc: Valerie Scopaz, Southald Town Planning Board Greg Yakaboski. Town Attorney Mr. and Mrs. Theodore Wells 30/Verity . '.' .) Ci . c D 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 Bo&rd approve the lot-line change to add 25,000 square feet fiom the property of Chudiakto 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 wi th 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, ~.()~)~~ BENNET'!' ORLOWSKI, JR., 'CHAIRMAN SOUTHOLD TOWN PLANNING BOARD " . .""')) . 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 Tow~ ylanning Board approve the lot-line change to add 12,500 ~quare feet from the property of Chudiak to the property no,,' or formerly of Wells subject to the following conditions: 1. That the property of Chudiak will be conveyed to and merged wi th the contiguous house lot to the East, now or formerly of Wells. 2. That only structures may be two parcels which one (1) residence together with constructed and maintained upon will become merged into one. accessory the 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, ~0:r~J\'r'~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD ,TOWN PLANNING BOARD T"'\_ _ '""' ~ _ .__ _ ! '." . . Soulhold. N.Y. 11971 (516) 765-1938 December 17, 1985 /:! ~ \1~ ~~ \ Mr. Emil Depetris, Esq. 220 Roanoke Avenue Riverhead, NY 11901 RE: Chudiak to Becker located at Mattituck Dear Mr. Depetris: j , ! The following action was taker,.Jby 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 structures may be two parcels which one (1) residence together with constructed and maintained upon will become merged into one. accessory the 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, ~~ aV~~)Qvdvx-o BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD " e) .) ~) 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 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 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 Zabichy wa!; 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/he 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 /'- J SCHEINBERG, SCHNEPS, DE PETRIS & DE PETRIS ATToRNEYs AX LAw 220 ROANOKE AVENUE POST OP'PtCM:SOX ~99 oe13 1~85 SHEPARD M. SCHEINBERG MURRAY B. SCHNEPS EMIL F. DE PETRIS RICHARD E. DE PETRIS RIv"R"R'R"RoAn, NEW YORK ll901 ISIDORE SCHEINBERG 1900-1985 ($1l5l727-5100 .JANET GEASA October 1, 1985 . Southold Town Planning Board Town of Southold Town Hall Southold, New York 11971 ...,I Att: Diane M. Schultze, Secretary Re: Property 6f 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 c~venants 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- explanatory. If this is incorrect, please let me know. v~rs,__ Emil F. DePetris ....,;-' . ".......... 1 l .." " j NOV 7 1985 ilL. ~':851 ; I ) SOHEINBERG, SOHNEPS, DE PETRIS & DE PETRIS A1:TORNEYS AT LAW 220 ROANOKE AVENUE PO&"l' OFFICE BOX 599 SHEPA.RD M. SCHEINBERG MURRAY B. $CHNEPS EMIL f'. DE PETRIS RICHARO E. De: PETRIS .JANET GEASA RIVERHEAD, NEW YORK 11901 ISIOORE SCHEINBERG 1900-1ge5 (516l 121~5100 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 th~t the deeds which convey the Chudiak property contain this chvenant: ! "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, /~ ..-.' Emil F. Depetris EFD:sr t'\ "At? -& \\' . . COUNTY OF SUFFOLK Ci) . /' r-' "7 V t8r 'rB rc((J~; Robert J. Gaffney SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN, M.D., M.P.H. Acting Commissioner March 28, 2003 Mr. Michael Pisacano PO Box 1931 Southold, NY 11971 Subject: Board of Review Hearing- Janual)' 9, 2003 Report of Findings and Recommendation of the Board of Review Regarding: RlO-02-0052 - Pisacano residence - w/s/o Cox Neck Road, = 1583 ft. s/o Bergen Avenue, Southold- t/o Southold - SCfM: #1000-113-7-19.11 Dear Mr. Pisacano: Enclosed is a copy of the Board of Review's findings, recommendations and determination concerning the subject application. Based on the information submitted, the Board granted the request for variance with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessal)' delay. Vel)' truly yours, ,,'] ({c~Cc'<'->c.t,-r.li Walter Dawydiak, Jr., PE, J.D. Acting Chairman, Board of Review o IECIE~WIIE~ ~ APR - 7 2003 lilJ WD/kn enclosure. C: Board of Review File James Bagg - Planning Department Paul Caminiti, Esq. Valerie Scopaz - Town of Southold Roy Dragotta, Esq. - County Attorney Southold Town Plannin2 Board Southold Town Planning Board Theodore Wells Patricia Moore, Esq. Douglas Feldman, PE - SCDHS · Board of Review. SC Dept. of Health Services - 220 Kahro Drive East - Hauppauge, NY 11788-4290 f(31) 853-3084 - Fax (631) 853-3075 . . . SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICFS DIVISION OF ENVIRONMENTAL QUALITY ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CoDE ****** To: Linda Mermelstein, M.D., M.P.H., Acting Commissioner FROM: Walter Dawydiak, Jr., P.E., J.D., Acting Chairman, Board of Review SUBJEcr: Report of Findings and Recommendations of the Review Board Regarding: RlO-02-0052 - Pisacano residence - wjsjo Cox Neck Road, '" 1583 ft. sjo Bergen Avenue, Southold - tjo Southold - SCTM: #1000-113-7-19.11 ****** APPLICANT: Michael Pisacano PO Box 1931 Southold, NY 11971 NOTICE OF HEARING: December 18, 2002 HEARING DATE: January 9, 2003 STATEMENT OF PROBLEM Article 6, Section 760-602, ~A-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 development, 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- family dwelling on a parcel of land that was subdivided without the approval of the Suffolk County Department of Health Services (SCDHS). FINDINGS AND FACTS 1. Proposed development of a 1.68-acre parcel with a single-family residence. 2. Site is in Groundwater Management Zone #N. 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 parcel of land with a separate Suffolk County Tax Map identification number (1000-113-7-19.11; hereinafter "Lot 19.11"), as shown on the current Suffolk County Tax Maps. However, the lot is not recognized by the Department, because a subdivision application had never been made to the Department to create it. Before addressing the waiver request, we will summarize relevant subdivision activity to put Lot 19.11 in context. . . Linda Mermelstein, M.D., M.P.H., Acting Commissioner Hearing Date: January 9, 2003 Subject: Report of Findings and Recommendation of the Board of Review Regarding: R10-02-0052 - Pisacano residence - wjsjo Cox Neck Road, '" 1583 ft. sjo Bergen Avenue, Southold - tjo Southold - SCTM: #1000-113-7-19.11 ****** FINDINGS AND FAcrs (cont'd.) 8. As presented by the Department's staff, 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 134% (if private wells are used) of Department standards in Hydrogeologic Zone IV (20,000 square foot minimum lot size when served by public water; 40,000 sq. ft. minimum lot size when private wells are used). 10. 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 760-602 of the Suffolk County Sanitary Code. 11. The 1981 Suffolk County Tax Maps are the basis of exemptions ("grandfathering") of 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 a letter, 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 Chudiak application created a long, narrow remnant (hereinafter "remnant") of former lot 12, bounded on the west by a right-of-way and new lot 19.10, 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 Sliparate 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 was issued on December 16, 1985. As a condition of approval, each separate approval required that every new lot be merged with contiguous parcels to the . . Linda Mermelstein, M.D., M.P.H., Acting Commissioner Hearing Date: January 9, 2003 . Subject: Report of Findings and Recommendation of the Board of Review Regarding: RlO-02-0052 - Pisacano residence - wlslo Cox Neck Road, '" 1583 ft. slo Bergen Avenue, Southold - tlo Southold - SCTM: #1000-113-7-19.11 ****** FINDINGS AND FACI'S (cont'd.) 15. (cont'd.) east. No new dwelling units were to be allowed as a result of any merger. Each lot line change would become effective, as of endorsement by the ZBA chairman. This endorsement would occur on receipt of amended surveys, as well as evidence of proper covenants and restrictions concerning the merger and sterilization (Le., no new dwelling units permitted). 16. The southerly pair oflots (18,800 sq. ft. and 12,500 sq. ft.) were, indeed, conveyed to adjacent owners, merged, and sterilized. The result of these two lot line changes is lots 19.18 and 19.19, on the 2002 Suffolk County Tax Map. These are two lots in question in the four- lot unapproved subdivision. 17. The northerly two lots were 25,000 sq. ft. and 12,500 sq. ft. (they are now part of Lot 19.11, along with a portion of the right-of-way). The Scopaz memo to file suggests that negotiations were underway to sell these two lots to adjacent owners. However, these negotiations were never brought to fruition. Hence, the lot line changes never occurred. 18. The Town of Southold apparently contends that, by virtue of the parties' intent and the terms and conditions of the various approvals, the northerly lots should be considered as "sterilized" by the SCDHS. 19. The applicant now holds title to the last piece of the remnant parcel: lot 19.11. It is comprised of the two northerly lots (37,500 sq. ft.), as well as the right of way, for a total of 1. 7 acre. The applicant contends that the failure of predecessors in interest to consummate proposed lot line changes does not extinguish his prerogative to seek to develop the parcel. No evidence was presented that restrictive covenants have ever been filed on any portion of lot 19.11. DETERMINATION It was a 3 to 0 decision of the Board of Review ("Board") to approve 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 which clearly complies with Article 6 density requirements. The legal status of Lot 19.11, with respect to Town jurisdiction, is a matter appropriately left to the Town. With respect to SCDHS jurisdiction, however, long-standing review principles can, and must, be applied. In the subject case, the "unapproved four-lot subdivision" clearly complies with Article 6 density requirements. It would have been approved, if proposed to the County before its premature creation. The Department has, on several occasions, dealt with owners of individual lots in unapproved subdivisions. When joinder of all owners within the subdivision is not possible, and the subdivision otherwise meets SCDHS requirements, subdivision requirements have been waived, absent other special circumstances which warrant a result to the contrary. Ultimately, the . . Linda Mermelstein, M.D., M.P.H., Acting Commissioner Hearing Date: January 9, 2003 Subject: Report of Findings and Recommendation of the Board of Review Regarding: RlO-02-0052 - Pisacano residence - wjsjo Cox Neck Road, '" 1583 ft. sjo Bergen Avenue, Southold - tjo Southold - SCTM: #1000-113-7-19.11 ****** DETERMINATION (cont'd.) SCDHS must evaluate each application on its own merits, and within the Department's jurisdiction: the Sanitary Code, and associated water supply and sewage disposal requirements. In this particular case, the applicant will need to connect to 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 County Sanitary Code (Sanitary Code), the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code, to protect groundwater 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 with the Sanitary Code. The variance should not impair groundwater, surface water, and drinking water supplies, and, as such, is consistent with criteria specified in Section 760-609(1)(b). ',' /J. j/ /0 'J -> I '. I . n., Date it /\ t,1\./ ,,1 (------j V , /' -/ . ',j ./C<;({;L ~'""".",.~/t6..J Walter Dawydiak, Jr., P.E., J.D. Acting Chairman - Board of Review . . VALERIE SCOPAZ, AICP TOWN PLANNER Telephone (631) 765-1938 Fax (631) 765-3136 V alerie.Scopaz@town.southold.ny.us P.O. Box 1179 Town Hall, 53095 Main Road Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Via Facsimile & Express Mail ET 028772557 US January 7, 2003 Mr. Walter Dawydiak, Jr., P.E., J.D. Acting Chairman, Board of Review Suffolk County Dept. of Health Services 220 Rabro Drive Hauppauge, NY 11788 Re: R10-02-0052 - Pisacano, Michael- SCTM#1000-113-7-19.11 Dear Mr. Dawydiak: I am writing in response to your letter of December 18, 2002 in which you note the hearing date of January 9, 2003 on the above-noted case. The attached material was prepared for the Planning Board on August 13, 2001. The Planning Board wishes to go on record as opposing any variances on this property. If you have any questions, please do not hesitate to call my office. Very truly yours, ~cbf~ Valerie Scopaz, AICP Town Planner Att. . p~r'HNG ~OARD MEMBE. BENNETT ORLOWSKI, JR. Chairman ,) WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD 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 Planne~ . 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. . . . . c) 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 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 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 wa!; 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 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3243 Application Dated April 11,1984 TO: Mr. and Mrs. Kevin Milowski P.O. Box 134 Cutchogue, NY 11935, (Public Hearing May 17, 1984) [Appellant (s) 1 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 [Xl Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [l Request for Special Exception under the Zoning Ordinance Article , Section [l 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 impravem~nts 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 co~sideringth_is appeal, the ~oard also determines: (a) that the relief re4ue~tedis not substanti~l; (b) that-by granting the requested relief, the character of th~ neighborhood will not be adversely affected; _ - (cF that by allowing the variance, no substantial detriment to adjotnin9 pr6p~rties would be created; (d) that no - adverse effects will be-produced on available governmental facilities of any increased populiition; !.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 a110~ing the varianc~, as indicated below, Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doug- lass, it was i , (CONT'INUED ON PAGE TWO) c\~~ \n\~r:\ _ DATED: June 13, 1984. Form ZB4 (rev. 12/811 CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ./~' . . A;.. I/', /< Pag.e 2 -'Appeal No. 3243 Matter of KEVIN AN~ 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 'CONDITIONS: 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~ff past this parcel along this or any other right-of-way will require re-app1ication and consideration by this board for appropriate 280A access consideration (or the Planning 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: Neck Road, Mattituck, NY; of 012. Right-of-Way at the West Side of Cox County Tax Map Parcel lOOO-113-07-part 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. * * * A~~~~~~' GERA D. lNG, I MAN June 13, 1984 , '. I,' /' ....,.I SCHEINBERG, SCHNEPS, DE PETRIS & DE PETRIS ATToRNEYS AT LAw POST OFFICE BOX :599 oel 3 1~85 220 ROANOKE AVENUE SHEPARD M. SCHEINBERG MURRAY B. SCHNEPS EMIL F. DE PETRIS RICHARD E. DE PETRIS RIvF.-R"R"'RATl, NEW YORK 1.1901 ISIDORE SCHEINBERG 1900-t985 lIS IS) 72745100 .JAN ET GEASA October 1, 1985 Southold Town Planning Board Town of Southold Town Hall Southold, New York 11971 Att: Diane M. Schultze, Secretary Re: Property6fWilliamChudiak 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 c~venants 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- explanatory. If this is incorrect, please let me know. v~rs,____ Emil F. DePetris .~- -..- FFn. h<nTI . tt NOV 7 198!i ilL. ,':85/ ; I ) SCHEINBERG, SCHNEPS, DE PETHIS & DE PETHIS ATTORNEYS AT LAW 220 ROANOKE AVENUE POST OFFICE :BOX 1';99 SHEPARD M. SCHEINBERG MURRAY B. SCHNEPS EMIL ~. DE PETRIS RICHARD E. DE PETRIS RIVER-HEAD, NEW YORK ll901 ISIDORE SCHEINBERG 1900-1985 1516J 727-5100 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 Chudiakl 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, ./A>- Emil F. DePetris EFD:sr . x'(\-,~ "A. c? ~'v \\' ) . . ('I c . . D 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 Chudiakto 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 wi th 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, ?uuuxt. ()~)~~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TO~ PLANNING BOARD 3S -r~EU c.j'r=c~ ,k.:.. , Q " .. .. N R9_m2Q.,E. !() ~ ~ ) .~ "$ ?!' 00 i ,i / \ --- ...-",-"- & ~- !4 . . ~"'C- .1-.. ''1; :1":' ''': ". .... \, \ > ;.{ 3 tL o l- I o 01 #P'" .,/ ~ \ '. ~ o :H o <> 2 ..!2.5,Q .---" >- (,' ~ :;; in Q ~ ~ f2 ~- ~ ....-,,...r- ..-.T'- ......~ 12$.0 /' S;irl6 r:X:)' zd'\<"'I .1'$ .~, '''..., ',' '\ ---..- .....---.. 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I 1 i , ! i i ! ~~ I ... I ' .,.~ WI . Q~'-{ ~~ ~.- I I I , I I ! i j' ./"". i'. , . i ~ ' \) ! ill I '..,j;./ ~" .....-~,. <."~-",,,"""""" . i f I j I l , )t.. 6 u j , , 1" -t j' I I i ,1 l 1 . .:lS(t.H:fl:'5: J."~ ~"'~ .%:~ ~.'$;'1i! ._4:i@ :liliE' ~ ~. .:. .. '.. .'1 < ',- . :":,,.,' - -"':" ", --,.. . ,'_' " ,,'0,' ,---: .... .." ""',;",:" ,'- ~'- - ,'" .. ., ,.}..;--""-...,.:.....',:'. "',. . . VALERIE SCOPAZ,AICP TOWN PLANNER Telephone (631) 765.1938 Fax (631) 765.3136 Valerie. Scopaz@town.southold.ny.us P.O. Box 1179 Town Hall, 53095 Main Road Southold, New York 11971.0959 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: From: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals Valerie Scopaz, AICP, Town Planner ~P6 Date: January 2, 2003 Subject: Pisacano, Michael SCTM#1 000-113-7 -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 all. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando MEMO TO: FROM: DATE: RE: . v'S . Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net 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 BOARD OF APPEALS TOWN OF SOUTHOLD Valerie Scopaz Zoning Board of Appeals December 27, 2002 PISACANO, MICHAEL 113-7 -19.11 (Formerly Chudiak) ".,;..,>..' '.'~,\j''El. DEe 3 0 2lJU2 'Ithrj '''-,J\',''''1 ,....1 U;;j,.:, ,~ . COUNTY OF SUFFOLK G . vj ~O,oy 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: R10-02-0052 - Pisacano residence - w/s/o Cox Neck Road, '" 1583 ft. s/o Bergen Avenue, Southold - tjo Southold - SCTM: 1000-113-7-19.11 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 2:00 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, .}. . }'~ r.';" .; -A~i~'V-r;L ;_, "-""1.";:'\.-1.\..-7 Lt.,,,'..)..},.: /.' ". ~..J/ ' . '-...::::-." Walter Dawydiak, Jr., P.E., J.D. Acting Chairman, Board of Review WD/kn C: MartinTrent James Meyers James Bagg - Planning Dpt. Paul Caminiti, Esq. Valerie Scopaz - Town of South old Southold Town Planning Board Theodore Wells Patricia Moore, Esq. Douglas Feldman, PE - SCDHS . Board of Review . Suffolk County Department of HeaIth Services 220 Rabro Drive - Hauppauge, NY 11788 / (631) 853.3086 - Fax: (631) 853.3075 .. . . SVeF V5 FAX. NO. (631) 765-5902 nf( 173 E-MAIL: cgLLP@j-2000.com LAW OFF1CES CAMINITI & GIBBONS, L.L.P. 53345 MAIN ROAD (FEATHER HILL) P.O. 80X 846 SOUTHOLD, N.Y. 11971-0846 CAMILLE LUCARINI LEGAL ASSISTANT (631) 765-5900 JOSEPH H. GIBBONS OF COUNSEL PAUL A. CAMINITI LISA M. RUDDER OFACE MANAGER November 7, 2002 Valerie Scopaz. Southold Town Planning Board Southold Town hall Main Road Southold NY 11971 RE: Michael PISACANO PREMISES: 1457 COX NECK RD, MA TTITUCK Dear Ms. Scopaz:: A letter dated August 20, 200 I written to the Building Dept. by Abigail Wickham, Esq. and copied to you was just delivered to me by my client, Michael Pisacano. The contents of this letter, which appears to be grossly in error, seems to be at the root of the problem as to why you won't meet with me or Mr. Pisacano. The facts are not in dispute but the conclusions reached by Ms. Wickham and your office seem to be in error. The key words in Ms. Wickhams's letter (last paragraph) which read "since it was to be added to the two parcels which already contained residences" are totally ignored in your memo to the file dated August 13,2001. The fact is that no part of present lot 19.11 was ever conveyed and never added to those parcels which already contained residences. If the intended parcels were never conveyed then they are still part of the original parcel 19 which consisted of32 acres when the property was purchased in 1954. Any other conclusion is arbitrary and capricious. It is also to be noted that the Planning Board never made provision in their decision of what would happen in the event the property was not conveyed. In effect the Planning Board inadvertently created a sub-standard lot of only 1.7 acres including the ROW. To require Mr. Pisacano to file with ZBA at this stage after almost 50 years to establish the fact that lot 19.11 was legally created and meets zoning requirements seems to me a total waste of time and energy. I do wish that you would reconsider your position and meet with us t.o . scu~~ ;above. ",' Very truly y 'L::;~' ;;;~yJ. .,' ~, , " . ~ C ' Pac:p c: Greg Yakaboski Michael Verity, Building Dept Joshua Horton, Town Supervisor '. " .V~S211Z ''Of' S01amo'(l\~~ ""1.......~i\Ml :1ilOtri .). _I'nt.,"., -~ . LAW OFFICES 6:tc0F' cVwd.L ~-"_._". 10 I?'~ "J ... WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631~298-a353 TELEFAX NO. 631-29B~8565 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE. NEW YORK 11747 631-249~9480 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 I] 971 Re: Theodore and Rita Wells SCTM# 113-7-19.19 1575 Cox Neck Road, Mattituck, New York 11952 m~.l1}", ,I,'~'~~ '> ~i~~11,,~'i. '.~ ~ l," :. f ~l}~~~,' .,' U.:' , ( ~ I f"'.'d' _ '.t" :' " .' , >"', " AUG 2 2 2001 . SouthoJd Town Planning Board Dear Michael: We are the attorneys for Theodore Wells and Rita Wel1s, who own the above property. We understand that the Town has received inquiries as to the development oftax lot 19.11 for a single family residence. The Wel1s have a deeded right of way over the 50 foot right of way outlined in blue. The Wells and their neighbors keep open and use the right of way on a constant basis for its ful1 extent. Tax lot 19.11 was supposed to have been added to tax lots 15 & 16 per Planning Board lot line change approvals on December 16, 1985 (Chudiak to Zabicky and Chudiak to Becker). At that same meeting, mergers for Chudiak to Wel1s and Chudiak to Wanat were also approved, and those transfers were made (now tax lots 19.18 and 19.19). The Planning Board approvals prohibited construction of a res ide nee on 19.11 since it was to be added to the two lots which already contained residences. Moreover, the property is an R-80 zone. Please keep us advised if this matter progresses. ?l;~ ~ Abigail A. Wickham Ene/. AAW/al cc: Valerie Scopaz, Southald Town Planning Board Greg Yakaboski, Town Attorney Mr. and Mrs. Theodore Wells 3D/Verity LNHV of any lncreased population; ; n h"'...._........" 1.'.,...... _,~ I . 1-e} that the reI let reQuesteo W111 nF> . t~[~)\~u "~ >11 'CAT f( E.MAIL: cgLLP@i-2000.com LAW OFFICES FAX. NO. (631) 765-5902 CAMINITI & GIBBONS, L.L.P. 53345 MAIN ROAD (FEATHER HILL) P.O. BOX B46 SOUTHOLD, N.Y. 11971-0846 PAUL A. CAMINITI CAMILLE LUCARINI LEGAL ASSISTANT (631) 765-5900 JOSEPH H. GIBBONS OF COUNSEL October 30, 2002 LISA M. RUDDER OFFICE MANAGER Douglas 1. Feldman, PE Senior Public Health Engineer Office of Wastewater Management Dept. of Health Services County Center Riverhead, NY 11901-3397 Re Reffl RIO-02-0052, SCTM # 1000-113-07-19.11 (Michael Pisacano) Dear Mr. Feldman Thank you for your letter of October 18, 2002 together with enclosures. The property card for this parcel reflects that in 1956 Mr. Chudiak purchased 32.915 acres from "Sacks" (per copy of deed enclosed). The 32 acres is reflected in the 1981 tax map as lots 13 through 18 together with the Milowski property and the residual parcel retained by Mr. Chudiak. Over the course of years by various lot changes, acquisition and casual transfers, Mr. Chudiak transferred lots 13 through 18 to the present owners along Cox Neck Road and also transferred portions of the residual lot to "Wells" and "Wanat"retaining the larger parcel which is the subject of this sale by Mr. Chuiak to Mr. Piscano. He also transferred the Milowski property in 1984. All of the properties along Cox Neck Road appear to have received Dept of Health Approval for construction of single family homes since the date Mr. Chudiak acquired the property. On what basis were the approvals given! Simply stated, they were approved because they were buildable parcels under applicable municipal zoning ordinances and which met the Department requirements then in effect. The subject parcel should therefore be exempt under the same section of the code. The records of the Southold Tax Assessor confirm this arrangement. Enclosed is a memo attached to the tax lot property card that clearly indicates "all of which appears to exist dating back prior to 1984 and going back to 1940's. Lot is 1.7 with adj. .ROW, per assessor Scott Russell." . . It would seem to me that if this residual lot existed in the 1940 and purchased in 1956 then it was legally created at that time and continues to be such. Carving off pieces by lot line changes does not and should not be deemed to be a creation of a new lot. As far as I can tell the C&R's that were placed on the pieces transferred by lot line changes are limited only to those pieces so that further development or building would be restricted due to the merger of those pieces with the pieces along Cox Neck Road. Our title report and variance search do not reflect any restriction on the subject parcel. The title was absolutely clear of any recorded restrictions. The Milowski 280-A access application granted in 1984 when the property was transferred to him doesn't even effect our parcel. The application was limited to the 2 acre parcel west of the right of way. The ZBA decision reads in part" It is the understanding of the Board that this request is for access onlv to the parcel in question, " (emphasis added") In view of the above would you kindly reconsider this matter or schedule an appointment with Mr. Pisacano, Ms. Patricia Moore, Esq. and myself to review the above. It would seem to me that this parcel is exempt from the Code for reasons mentioned. Thank you. Very truly yours, CAMINITI & GffiBONS, LLP By: Paul A. Caminiti, Partner PACp c: Planning Board Building Dept. . . 1((JlU 'M IVj-s ~ {eck ~ >>/~Z-b I/~ ~ ~~rrU. 00"77... J4A ./~) /9~_ ~c4ci..J - ~ i.o bp -(; onD . ~J ~ ~d...<~:r: d - ~ '1 wJuc.K ~CL<''-L--' ~. 0( '*" y~ fo 4.L/- ~a~J j/'CLUC ~?;-~ 7D /7 J </ a,,~ () o-<..v;~--1^--",- e-f /-t~ ,If </0/, cfd .L~ /, 7:! eU-aA ad; , .l:"CIU)j1LL) fl.J412o.dcH7 1~(..L.:1ctCj ,k /lL......iL ',9u-l>- ~6d';J~cLC.IJ, +-1t.m.L<la.a.J&I1~.'j....fs, , p A3~"C4~ f~;J 'Ips)() ~ /-A/rJ 'I /0 00 - \ \ . OWNER j, 11 r.! FORMER OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD .. STREET / L- /i ' . /./ ;j r'tJ ie. /0' ( N 9 (t ht/~t::. t I)., , '-"{ i1ft [) i tl '.t Ii /$ , RES. /,;J, 0 SEAS, LAND ";(,8'0 ) -I< co /IOb CJ 600 I o 7' ()-(; 00 00 2\906 IS, CJ() / 5/00' /5 ~ 110" a Goc IMP. k~w-. 4500 </5~<J s,;.-c;> <f f:) 6-~ VL TOTAL f' ~ I I) Tillable Woodland Meadowland House Plot Total ~ ~-. 2041 ~.l.; vO VI LLAGE DIST. SUB. LOT <1.-24~ \ ,"~ jL11/11 . E ;W , - 0,. :.~ ,. (V{OHy',111 I FARM v 30~Q~:-.; 3:50.6>5(' ;?2.9\':> ?-c>5Z 501; 3O.e::-3 '. DATE REMARKS 4 -S., ... J", 8<"','kp," ... ~ iJelJO~Ck.. (z pov,,.....,;.^:..'. ~....~_.:,. I.." <0 . SO ~ ....'}" !;").L9F,DA c lo5"-'Sc."b J..CHI/d,,,1r , I --, ." ~OO.a.c:) , -+- rr I .(.~ CHt,d l~' k. ...4- L9t'_at r>~z.4-'S 1"':+ 1.84- &c.. ..j.., M ;Iows k; f~ 0.00 FRONTAGE ON WATER I I 101- ~p!,'+- (')A~2 ~~~~:,+ FRONTAGE ON ROAD 3. 00.0 ~.,.. -Sf' I; +- t'J. Z8'-e.~ -k:, """II" . J' I ~ YlAIIiL J d, $wt 1t) ChutAtt:il( J6/ftS !life.- I e.s y,o.w) . ~ ,.-)..5'0 -~w6 \ 120 DEPTH i BULKHEAD i , I I . ..., , ""'1:1>'.1""'''11''111 ,\""hl'l 'lTlIIl'nr.lth "'tn en!>n.", iUTfILJl.N.Il "'''1$Trllll' "n""To'~IC I ," ,'I 1"'7, P~~l', II~'. IHnl\lh"f ~'""" l'. l'h.p, II:!' t..",. or 11l~2) _ T"flh'l'IIY'~''''r'J''hli.''''''''$.1rV'I,'mr. J..... (JA Ila. . i' 41r.:r.: . oWfl1tu ~ .' lll~Jl?111tmUWH! ._.J.) PAr,e fJ ~ . .. \> i I I ) .Jlad,' llil I! 1: f' ~, I '"~~~~~~,:'.'"" " ) .~c,.f,;" 1 AU[WJt Ninctl""t #rt,1tdred and ! dall oj' JAr:;':s, residIng at. tuttl:tUOI~, SUrrOlk , <t-- part Y of the R,.~t part, and and ANI:E CIrf:DIAr..:, his wire'L WILL:"J:. C'i1;D) AK,/re.idini;_nt Met ti:f' Cl<" SUfl,lk (' t .. y... .1 ' .('li,m ;;,., ,.,0,1'/ ~1'_J{, ---4.,;;' '_ _,n''',. ._ . , ..-L~,;....>.L#_____ ,..: -,~-,' ,'I ami"t..ti.tfl~ ,lh,,1 Ih" party par',' i.. of, thc "fcond part, of tile first part, in C01tsir1~''ation of lane hr:d 00/100 _ _ _ _ , - - - - ~Dollar , ~' ($ 1. n ) Uut1ltl monell of Ihe United Stales, end pther t;OO~ and " Oll'.ni,ll(-) c\:nGieeraticn paid by tile parties of fhe 8e~ond part, , I r/out; lu'}'",,!! g'I'rtnt tIIul ,'d'!(lSC ltllfo tile parties of the sctJond part, I the 1 )ler dlctribl.ltees I f:nrvJ VOl', his ot' and a.'1sil1ns forever, all that; tract c'r paroel ot wood- r1"!:d ,,' "",''. lyi'L: nnd bein. .t 1;.ttitucl<. 'I'OY", of ~OC1thold, ISllffOlk [Colin j;:-,.. ",': '/-'rk, c0undod end deccribed as follows: ,. ;: ;:,.~ :..It '" :1('~nt on the v/satcrly side of Cox Neck RO~d at the ""';""""'.1: 001'n',r r,j' the pr""be. herein de.ol'ibed adjoining l~nd of 1,;1-.1) I',:; l.,;:t:c 01' ;,',0.17 LlnrJco;,r on the north; from flaid point of ~eginn1ng 1'1'11/'1 !.>.~!ce :~l:::ni:: j;h~ ',';c~f:et'ly elde of' Cox !":eck RO;3d, s. 00159, 40" i II ;'. .,., ;C.(;) 1",(>, to " lliOnUlliOl1t and other land 01' tho P'l'ty if' thF first ,.""r"" r''''':'h"d7enc''\''l~~.': s.l\! ether li;and of'th;e 9.~tY;<i' tlt+ flr;st ,'( ~> . ~f' '.., ~.:: '. 4 .~\ : \ I L!')'!;J J'(",_\~, cr'o\:Y'cco and dJ:_:j.,o'nco;. os follb~~"{J: (i1"s'.:~'1o -:;31C4,P.t'''~'J,._l>- "::,1.1.~ '''' ~,; the'/1or: (::!) r:. :::1(,1 40' 30" ~I. !.~20.0 !'ect; tller1ce cd) s. i ' ,." ')'". j"G~.; ',hune. (~) OJ. 81' -'0' 30" L. 620.0 Ifeet to , '( :'r'j::,!i' 1:!, ,.,.J l'l:-,d t){' :'~.U':: "11 FulJoc]~; thenoo alont" $:uJ [J land pi' ''''''0' 'dicel:, G. G~o '14' 30" "" :in.l;) 1'eet to " Ir.onurr.ont Ol1dlland .. .:~lj :;;'.,11. G1J.r:l,on; t,hC.LCO Gl(m,~ aald ltmd of' Hattlo D. Clln~on two n,',""'''..'' ,_,..I r;]'''''Ol1000 ",. 1'01101'10' (1) N. 21051' 20" \" 496.801 feet; :: ',":e,. (:) .J. (,ne 13' .10" '1.'. 51.07 f€tt:'t to a ct.ul(e t;lnd land of ~!ll!am .i~ i;. I ~ "'t': ,,:,.. .." " ...... --.'-..---- ;i . i""': .,.c'"_ ...;,,,,,,,. .C .".. ,..; ','. _ ,.' '~''''"''' ,. "., ..... .. . '.u .~, 'I ,.........;"--~ ) " G;~.\Jdlo.k; 2'unnJr !..~ Lho;,ce ~;lc~:., cnJ(l J:".!.'(] ,_.l . ~ I ~ ' and cHstancCfl a::: followrI: (1) "0 i-'~3~' '}'JI ~..)II fl. ':...'7.~'., ." I.: (2) t. 6-" ..1.2' 2'J1l E. !?6.Jg fect; 1;:' "'0<; (~.;) C':'- ! ' I" feet; thane€] (4) ;,;. G5Cl 20' ~'J" E. .S,j".;'}(. f(Jt.',; ~,;.'::I;': (;) 30" E. 231.06 rElet t('l II nont llnrJ l'HlIl or 1'.11<.': l:;:,""I,.t.I' llf !.':It':',r L:'I']'-;- running thc3nce alan::; tho land of tbc Ent:ll",C r:f 1.:tI1~:t Lln;]~,~j:. t"')'l': I oourses and distanceD as follcv,'s: (ll S. ;';,bo Sf;' ;". !'!3.P3 rO,";(;; (2) N. 870361 301t E. 413.37 ft!C't; thence (3) r:. 'Ipo 4.G' ZOO" 1-:. feet to the point or place of be[Jnnlne. TOGET:-!ER with all the ril;ht, tltlri a.!'1d Int,:!rrl:.'t; "f tha h'Jl"<' ,~ the first oart of, in and to that oorUon of Cox ;'''01. noud aald premises to the cen tE::r lIne thcroof. . :1 ~. .1- ~f'<",~--\,,'.,t . - .'~1 -'..-'''' !- f .~:'-.;;'~;l..""-':::. .1::: ",,'.' L. 'l'r~'-'''' , ..:~.- .1.,- (I ;.-~,: . ~, 1io , ~'<_.,_:- ~ "'I- . -~-"JL_ i .~. t , , < i' 11 " II il II ,. 'I 'I , --'-'---r"'-'-'- \~'''''.l ""'''1''. ') '1f'1> -1'-' I 1::~".h~l~~'" '.', TlIlfltAIIIK .'. II"", 'I., "~,''', ,."" r r.,:';, I"" ;'r""Hd-fl,"""~ },',d/"','"Ir ",,"1' ','I. -~"'I"l"")t I "rill I' I '-t'f,J t', .wHfipolWaQwtuw~ .J/ad,' the 21st <letllof Jnn'_lttl'Y .,\ ';"f'ferlt f(u.ndred and . l.:"~~.- ~'.,~.u' f8rihrttaa " ", ...l,l":' .t." L.,.:" ~, .-'~'.!L.!:": , 1:', , .,..'\ .. ~ '. " ~, :'1}:'. ~:J l~ '.f. j.' .. . . " ,', ~. (, s. :'~., 't" -.., J :-: ::":3-:'t:::IJ :.:-~ :: :'.~~6!). '~';:6''''':'\ ~,.,. . ".Il .: ,:.; ~':;; ~ ,j '; ::J: 'Y , ~':! !,', ~'.'l, ;;:'"~~;..;," ~ ;~He'tl.;:O",~or-kj- '.-~""--7'"..~,...,.t'" "' ;._'_',~ h1:::OLD 3. SI~'';:~S, reolc.lnt n:-: ..._.'-J 'I', 3',:1'!'aB: COllIlty, pa/'I,c," of Ihe firsl part, and .-,J . ~.,. OOf.......ttl"lhal IIw parHec ,mrt 'I of Ihe ..conel pa/'I, of tlw fir'l petri, in co".ideration of i';" rt::- 1:'i '.'u '~':J.ouoana llr:::-. 00/100..----___.._____ --__ __ ____.._ ___ ----Dollar ~ II ,6,JJJ.O~ ) lawfltl mon.y of IIw Uniled Stat.., paid by Ihe pa/'I:I of IIw .econd part, 110 Iwrcby .tranl and re/ea... unto lIw pari 'I of lIw ..cond part, hi.'; hcl:!"'~ and Q,8BiIM forever, all thoue tl'LlctD rJr ''>:''l'c010 01' lunrj,i ",,11;:;. t:1C buildings Hnd improvements therO"'Il, HI tllt'lte, 1:;in,~ find b01nl;; .~;I~..J::U~;:i)U;::, 'l'O\"ffi,?fSoutnold, Surrol:.: Count.y, 1;(\" YOl'I<, bnunaod and _l._'-'Y'...O..l ....... folloH." :::.",";:~L 1: 13c(;innir..G at tHe lnters'.,ot::-,.., '1 f.~:r: ;i~'~'''':',,';~'l:.' 11~o G-:( :;:)'a~.l ,'~VC!'!lJC witn tt:e \'.-csterl~,r linn of Co:'. +.cc~~ ",/ d. 11','-1, )".mnlnc nJ.on~ ~"',') nO)l!-;;:c1'lv lino 01' sald SO\lnd Avol'.uc, t! 1:'.'(; !,' cr. 'I]:::":'; , I',::: 1'.)110',';0' \:!.) ... b.f' 1~1 '1:~)1o '1',. 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"-; ',- ' C;"( :: " ';::!~ ;~:: :~~!L:.r;ll>", !',t :.l C,l!:.-~r(~t<.: l1i,:l(,U~'.I1..:; ; ',Vl.."-,":':)~, i".':: "!O:"t~'li;,~tJ-.'~-":::r :,1,': ':.~' ~'J; ,'~~' .::.;: l"n:... .....).'1;.l~"]:... r}.. ,.~Il", ~ \J ~; 1 !'! ~,.' ~, ' ,',.:' ~. t.~' 1'~ ,::~ ~~(;;. .:; (,~; :;"arJ.. !~,; "~I ~ .- , ,-~'-~'!.~-'-~~. .. ./ .. I i ! I ,3059'1.;; 27:2 '" ~ 2 "I" "li'l:! 1 ;~'.(' 01' snlc ...:'I'.;,n~' '''Vf::.:.UC, ';:;0 \. '. :')" .;("':' f!j' B. 1~]2.23 foeti ,,;~o:-;co (:::) ..J. 1" ~t('r':(: J.;'lr,ur.:f,nl. :l.ll1. In;,;a Z"('i:'T:Cl'L,v of ~.>;;I'~'~, " 1';;" ~(';'Cl'.l:,{;;_ 1':(::. ~i. L}e ..,2' :JO" L. 17?2"f;~ .L'I:('~ l. ;,' ""'. "~"'j':(:-:'J,'! 'l/" i'{~lln Est'lt!; t.horc:n :lr'~', " 1'" (~ . .." .":h.:; ;,.;:: rollC'l~nlf (l) ". ,::nc 1:":11 ~l)" ":" .... c., " i . J ,,,, (') ~. ,;e" %' 3)" ". 1;;3.00 1'oet "0 "'da 1",,'.; :\) ','cd,' 111.11,:;"; :':C':;:C 'ilon:- ~':l(> 1nstdeaol"i.i..lwi Innrl, ~;. ~J1c.~<~1I [~.i'r "1:,)"." i'':'n'; I,) 'n" poJnt OI'"b.:;lr.'Jnntr:!,.. :nntr,lnl'l:: 2::.,:,: nc:r.t:~ :..':' ~. '~OGF:1'EBR w1th nIl the right. title and intereat 01' tho p~l'('.es of the 1'1rst part of, 1n und to the public highwaya adjaoant to $e1d pretnlnfls to thn center linea thereot. . SUBJECT m an aason:ent 01' the Long Ialand L1ghUng Compuriy over :Parcel "2" here1n recorded 1n Suf1'olk Clounty ClarK'. orne. i'1 L1b.r 1]:'. 'page 29. ,~. .t,,' . _.-.i.-<-"J:"~' __,...1--"_"""__"" ! .,.......,.."..- "j' ;,$ .,_......, ..::p.- 'T- k ;;"'f"" R'" '",~ ....,.. 1'. -""""-?.::~~. -'ji ." .COUNTY OF SUFFOL~ (i) Robert J. Gaffney Suffolk County Executive DEPARTMENT OF HEALTH SERVICES Clare Bradley, M.D., M.P.H. commissioner October 18, 2002 Mr. Paul Caminiti, Esq. 53345 Main Road (Feather Hill) P.O. Box 846 Southold, N.Y. 11971- 0846 Re: Ref # RIO-02-0052, SCTM # 1000-113-07-19.11 - Application for Michael Pisacano Dear Mr. Caminiti: I am in receipt of your letter, dated October 1, 2002, regarding the above referenced project. Enclosed is a copy of the 1981 tax map which does not indicate existence of the subject parcel. Also enclosed is a copy of Article 6 of the Suffolk County Sanitary Code involving exemptions for filing development maps with the Department. Please show under which section of the code you feel you are exempt from together with supporting documents. Otherwise, you may request a variance by applying to the Department's Board of Review (forms and instructions enclosed). If you have any questions, please feel free to contact me at 852-2100. Very truly yours, /a'//"'.~~h-z-----_ Douglas J. ~m~n, P.E. Senior Public Health Engineer Office of Wastewater Management ,- , . cc: Town of Southold Planning Board Mr. Michael Pisacano Royal Reynolds, P.E. - SCDHS 'U""~ '}{ oct ~ ~ (~""nthO\d loWn ....J. .0 end Pl!~I:1f\lna PC) . ,'" -"'" division of environmental quality COUNTY CENTER RIVERHEAD, N.Y. 11901-3397 852-2100 E-MAIL: cgLLP@I-2000.com LAW OFRCES (C~ ~lf S?JF FAX. NO. (631) 765-5902 v5 . CAMINITI & GffiBONS, L.LP. .53345 MAIN ROAD (FEATHBR HILL) P.O. BOX 846 SOUTHOLD, N.Y. 11971-0846 PAUL A. CAMINITI CAMILLE LUCARINI LEGAL ASSISTANT (631) 765-5900 JOSEPH H. GIBBONS OF COUNSEl October 1, 2002 LISA M. RUDDER OFACE MANAGER Douglas 1. Feldman, PE Senior Public Health Engineer Office of Wastewater Management Dept. of Health Services County Center Riverhead, NY 11901-3397 ~!~: Southold Town Planning Soard .>> - Re: Reffl RIO-02-0052, SCTM # 1000-113-07-19.11 (Michael Pisacano) Dear Mr. Feldman Our office represents Michael Pisacano, as purchaser of the above parcel. 1 have a copy of your letter addressed to Patricia Moore, Esq dated September 6, 2002. Unfortunately 1 do not have a copy of your letter previously addressed to her on June 4, 2002. As a result of your letter I have caused all the files in this matter to be completely reviewed and 1 can find nothing on record to sustain the question you raise. The decision of the Planning Board in the various lot line changes over the years did not and does not affect the retained larger parcel held by Mr. Chudiak. The pieces he split off from the larger piece were lot line changes and the pieces split off merged with the adjacent parcels which were owned by the property owners along Cox Neck Road.. The planning board did not want to create buildable lots out of the split-off pieces and therefore requested that the spit-off pieces were not separate buildable lots but merged into the Cox neck properties. In effect this decreased the size of Chudiak property but enlarged the pieces along Cox Neck Road and made the parcels more in conformity with the zoning at the time. A careful examination of the original lot lines map will clearly sustain this position and unequivocally show that the Becker and Zabicky parcels were never conveyed to them and therefore the covenant never attached to these parcels and the larger piece remained "as is." Only the Wells and Wanat properties have the covenant that affects build ability. . . The covenant not to build is specifically limited to those parcels that were merged into the owners property along Cox Neck Road and did not affect the retained parcel by Mr. Chudiak. To interpret it otherwise strains the imagination and good conscience. As a purchaser we have conducted a title search and a variance search (single & Separate) and there is absolutely nothing on record to sustain your position. There is no recorded covenant affecting this parcel. In her letter dated March 13,2002 (when this issue was first raised) Ms. Moore by letter addressed to Mr. Petritsch (copy enclosed) completely set forth the details of the Planning Boards decision and further quoted Art.6 and Public Health Law, Sec. 1115 which clearly sets forth that boundary line changes were not considered "subdivisions". To hold otherwise is arbitrary. It further appears that any complaint lodged with you by a neighbor not affected by this application and not privy to this transaction should not be sustained as it is a tortuous interference with the Mr. Pisacano' s contract rights which could result in an action for treble damages. From the very beginning of this process, Mr. Pisacano has cooperated in every detail and supplied your office with everything requested including the preparation of C&R's which were approved by your office and in fact he was told that they would be signed within a day or two. At the last moment now, you have raised a question that was resolved by Ms. Moore's letter in March. It is respectfully requested that you reconsider the Board's position in this matter and grant Mr. Pisacano approval to construct a single family residence on this parcel which is 1.7 Ac. and in conformity with zoning regulations. Thank you. Very truly yours, / CAMINITI /If/ By: Paul miti, Partner PACp c: Planning Board Building Dept. lit:N! BY: MOORE; i~ 631 765 4643; SEP-11-Q2 10:49; . ' ,,/::,,: ~I....; 'i t..\. '('; -', c: q V.....,<, .- ~'i..j ,/)i' - II c , , PAGE 5/6 . PATRICIA C. MOORE Allomey at Law 51 020 Main Road Southold, New York 11971 @ Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 13. 2002 Sutlblk County Department of Health Services Bureau of Wastewater Management Suffolk County Center Riverhead, New York 11901 Attention; R.E. Petritsch, P.E. Re: RIO-02-0052 Cox Neek Road Owner; Chudiak Dear Mr. Petritsch: I represent Mr. Chudiak, the owner of the property, who is in contract to sell the property to the applicant Michael Pisacano. In response to YOUT notice dated March 8, 2002 please be advised that the subject property is over two acres in si:..::e, is the balance of the land owned by Mr. Chudiak. On December 16,1985 the Southold Town Planning Board authorized two boundary line changes with the adjacent prope11ies fronting Cox Neck Road in order to make the adjacent parcels larger. Specifically, the Planning Board approved a boundary line change of 12,500 sq. ft of vacant land from Chudiak to the adjacent 12,500 sq.ft imoroved parcel owned by Wells fronting Cox Neck Road. The Wells parcel (SCTM#lDOO-I13-07-l9.19) was made more cO:-lforming with a total of25,OOO sq. fl.. Also the Planning Board simultaneously approved 18,800 sq.ft. of vacant land from Chudiak to the adjacent 14,252 sq.ft. improved Wanat property fronting Cox Neck Road, also making thatIot ~ENT a.Y: MOO~E; ..-' 631 765 4643; SEP-11-02 10:49; . PAGE 6/6 . . (SCTM#1000-113-07-19.18) more confonning with a total of33,052 sq.ft.. These changes were "boundary line changes" which did not result in additional building lots being created. The boundary line changes were not "subdivision" of the property. The Planning Board required Covenants to be filed on each transfer which made it clear that the contiguous land was merged to create one parcel with only one residence. .. Realty SlIbdlvision" as defined in the Suffolk County Sanitary Code- Article 6, Environmental Conservation Law, as applicable, and Public Health Law section IllS, is any tract of land which is divided into five or more parcels, after the effective date of this act, (PUB HEALTH ~ 1115. Realty subdivisions). In 1985 "Lot line changes" (boundary line changes) were not considered "subdivisions". The Chudiak parcel made the improved adjacent parcels larger and retained the subject two acres which comply with your requirements. We thank you for your consideration and ask that you proceed with the application to construct a residence on the Chudiak's two acre parcel known as SCTM#1000-113-07-19.11. If you have any questions or wish to discuss this application please do not hesitate to contact me. Very truly yours, Patricia C. Moore ,,~ --.-~--- -----.- "Z"C';'i\.,~s>- \ \'-,:;:: , /~\~<: '~', ~'" ~o~~J ..,)to' 1~ y": ' . "b"" >/ ~("'" ;.", ";y" ~~', .-.-,,- ,,". ''101'''' ,9, ',' " '~\~' 1.,' "- /" " .(/' 1o:!l. 12)~,,' , II ':: \ ' '''JS / ",\/ '-\ ,., "''''' ;Z ."" "'- z\ \. 'y" :t> /,{> . '~ "'~ ~_--,_ ...- ('\"~IU.' I ' ';;':':,,\v';::'''<...... ~~ (~ 1 ~, \- 'b\ ~;}/". '1,;1._' '.0' 'C'" -..: _,.l..---'\, 'V"-<\\";V'~' 0S'i"" '..\ -~--::1~' ,~,r~!' \..\ " , .\ ,/. "/---'-f~'~ --.! . I' . \ v \<)~ ,II ./ I'~ - 1 @, 'CJ:"'-~"~-L . ")\'~' "\-- . 1 '~' (4)'\, , ~ .,- ---.- \ " \:-" l' I ,~ i ~ .' 1~' ... _~,__l~'_... "\/,' \ ,. . 1\, . 's ,'z/ '--. ", I' I ~ I , I , \ ' '\\ .,/ (z) ('/ ',:,'\ \" .-".-- ' \-~_... .:>- '-7 '., ;.--J ; 11 ,\ \\ '-.: \. Y/'{"'A"'o'--;-~ /?; ',. /' "7" ''',; -"-.L.__ -~- t. , " v " . ,I; 1">. Oil-' /.-' / '.... "\:\ \. ' ' ."'. \' '/:' / / ~ ' , ''.,.~, '\: ;/ "_f'..!>-- --- '", 'j \_ /' .y;'., . "-"'" 'V>';'11<:/ " , \-; . "\. "..,~ ;, \~> ., ~// /;/ /,,~"'::- . \' '\ ',~ v,_\-;"~/'\:~;(' ''',/' ., "~,I / / ;~'"." \~ \/' (' \~<\'is~" ,,' .<-../ ./ '<, .... / " .....-. --c.,'.'...\ \"" /..,,'..r .- ',', ",,- _.... \" \ ,-0 / ~.l-/ \;:~ /;--/<-~~,.". ",.).// -'\\/~/ / //' \""...... /' :....:::-.. \' '.. .0''' "'</. \; / ' ". '\ ./.-/ /" ' . c, . ./.- t11' ~/'B-!Y/ .~. c , ./ ~\\ ~ /,/ ./'/ \ ' '\. ,0,\ \ ..y/" \\ ,,:,,'" ,\/;",\ "\,-?/ / " ~ ,\ \ ,1 . . ,\ \ ..? /' \ ....0>.. '..,.--\ ,/ /' \' \ /' / , \, ,'.c",.//",/r "0:/;;" /--,;" ,- "',: / / "-- \ //../ \. CO';.' ". ' ../ /' '\ .-",>~'oi'G'tJ4-L \.:~--\-<- Affi/' /~ -ri'>:f- u+ . \ ;/" / /' \D /'/'/\ ,--,-' \ ';, /' /' y/' \ .... , ,:..". / \'/ \ \ i (, / \ ~~~~\/'/; " '1..~ ~~U. JOIAlcl ' I ~ " ~"roRPo\RCf:l~IQ . SEE SECTION ~O. 10~. 1-00 ~ I Wl "'. ' .' IC:; \,', / . O(\~ ,/ -1-":,/ \. \ \ ./ '.(' , \ \ , ,/\ y.-' / ''', J \:~' J\ @'i ,,/~/>\.~ '\ ' , .. I I KQ..;\\, i .,) l' 'n );:/11 \1- J..../" :) \\ .I , ,. /'~.~ I: \",,'\". ;-1'. ' ~., t" .\~'\ ./ L<\ cc~ ,\' ,-4 " ' \' '. 1-7',; 10' ,./ . 9\ @''''., , ...Y" '1" ,'; ./. /':. . ~_\h . .". ". .:.......~~\".....- \'!I' ....~p: : ...Y'\ '!I '" '''-;'''\' ~.. f(\.., \ ;.- _ '~.., . \~:.. 'Iv" ~" '. :::. ./\.'/ , , "\/' ~ - ~ ......-/\ ~ ""-;:;" , . . "//3:' (~~'- ~- \- . ' \"'01>- // '. .y " " ... y/ '. \ \ " ~" - "'AfC!-i-- U"n$$ l>~A"" A~l ."r",,< .~~ "~l_n llO"Tn M~.. . , . JQ~- -_.q. " C,,,,,, tin. L- Thnl;n. V'U"'l,no ---t- alo<~ L;~,.. -,s.:~..lo.,.....t... --'lCII--_ " tP-~j>. ," ", FOR PARCEL NO SEt' SEC NO 121.0'.001 ( '-., l \ 1 '" '" UNE ,. '" ",. '" PARCEl NO SEe In 121_01_ 004.1 "n" 1 __ elf"lllW'n, An "~l>"l~"l' <Ill 'OllOW'NG. rH$<~.O, sr"lll_ ~T"~ANr W"l~ __ "'lPun. U1"i:- ,-,1.. MArCH ""flel :'~;"":~~:.:'l 0;. "'1~~"~~~'ONS";rl ,"" ::~~~; =:;" ~:."':' IS -""'':;~a ~UL _"., ',I;~ $I:~l "~~~~ legend rI.. O"'h<t tin" W"" O""'e. Un" U,,"'O;"",'lin. P..kOi'''','l... ~..... 0;''''<1 lin~ KEY,."" --F. --,w-__ -_.l___ ---P-~ --.5-_- Hya1.""'O""idU""__.H,,__ "o/~.wD;,,.'<tU_ -__R___ 1!I1.,~IIoo. @ P..,ol"'. n s..l.oI;.;.;o.110dNo" 1211 SuWI.'.I...l...... D..~ 0......'.... !<aldl),-....... Oeed"'... Cale.I.....A.-.. IJ.ll n' 61', n.\/dI I1A',} ---l-~ '~~4 ~ . . -. -.cou 'N'lI .~ . \jj I N.89"C;(..1' 20"E /.0: 125.0 ../ !Is S:~?/";O',?D.\A/ \--- b ~ 8 J :) .J Z <t -' If) '" \J 0 '3 <i ii1 .s). .,p .~ "0 ; , i- f , \ , on 0 ill, , " _ 10 jtl t" [, " ' -~o 0- o ~ ~ '5 iil III ~ 0 !l ~ 8 9 ~- - Q.. :;,/ 10 3 o .J 2: u. o f-. :r \:l ~ ,~ /' -. ..'~ '0 If) '3 ij 0- L') '0 i ,-;jO ..\~,- l'"'''' 1-dC-. >.. ) (w+\" ~----- ,- . -' >- '.i .." IJ) v ED C) <( :1 "" ~ uf '" q LYu: lJJ . ~~1O 11> ,J'~ f2 . c,...j....f' ~ 125.0 5.89 0::>'20 'w', 125.0 25 .0 o a/ ./ Q g N ~'" ' . .-- w z J fo' 9 25 .0 40 g ~ ..~ ~ 25 .0 Ij)u: c.J . 'W to ~~ g rt Ch ( 1'/,01'1 Q~ B11; I'~ ~L' -tow ,.' s",l.r1 IZ$.O 5.8900 :nw. /./,/ (6;"/" < ( "' ,.-,',......l ~"'-o "\ \2.\,:;,\-n c '\"40'i2-12.\v 2 .0 ( I'i \(). I~ .~ '--... ~ !.L' Z Irs ~ ~ ::t .5 '1 g rp- i')r; o ~ / N.89<jm 20 E. 125,0 , . \ , ,,~ ,0 EI'-~ICiC:::::<Y 2,5,CXX) '5.F ,/ I~' o o <) N 1-" 'I I .. '1 '. __.J ,.1<15.0 5:8 ,-" -I .1aIO.l::J/:.e./Z., 'j,5c.tl SIP': uJ '0 " '!II '0 . ,I,'" Q!Ii \~ , w, 125.0 ,-, I I I [ Wi;Ll..s ' 12;~5.F.1 o g 'm.o ow. 012 ,"" -l I .. .J 0 " . ',vAN}" S J~,2!iaSr; ~ __ J ''C.;-''~ y.Jf>':( it' Vi'S\' ~1IIWldIlIn.-.ldIdOIl =-=:;:n.,:.... -- ~~~~r.T~~ .."-" ..., ~ ~, \~ ~. ,~. p- I , , ! I I ! CJ ~ ;V .~~ I I :J I tt> , I I \ I I :BOTES, [ 5L .z. Fr.' ,'3~J\[' .4.C:C! J.CL )( o u --..- .-------~ ~\--\I"-- ",fi"" Y ...' \, ! \. .~-~ rl~/- JI" " \, E-MAIL: cgLLP@i~2000.com LAW OFFICES ro ~1f SfirP FAX. NO. (631) 765-5902 v5 .. . CAMINITI & GIBBONS, L.L.P. 53345 MAIN ROAD (FEATHER HILL) P.O. BOX 846 SOUTHOLD, N.Y. 11971-0846 PAUL A. CAMINITI CAMILLE LUCARINI LEGAl ASSISTANT (631) 765-5900 JOSEPH H. GIBBONS OF COUNSEL October 1,2002 LISA M. RUDDER OffICE MANAGER Re: Reffl RIO-02-0052, SCTM # 1000-) 13-07-19.11 (Michael Pisacano) '~~~l~~ ~. OCT 0 ~ 2JJII2 - Southold Town PJanniruI 8.aarci .--.---;;JJ Douglas J. Feldman, PE Senior Public Health Engineer Office of Wastewater Management Dept. of Health Services County Center Riverhead, NY 11901-3397 Dear Mr Feldman Our office represents Michael Pisacano, as purchaser of the above parcel. I have a copy of your letter addressed to Patricia Moore, Esq dated September 6, 2002. Unfortunately I do not have a copy of your letter previously addressed to her on June 4, 2002. As a result of your letter I have caused all the files in this matter to be completely reviewed and I can find nothing on record to sustain the question you raise. The decision of the Planning Board in the various lot line changes over the years did not and does not affect the retained larger parcel held by Mr Chudiak. The pieces he split off from the larger piece were lot line changes and the pieces split off merged with the adjacent parcels which were owned by the property owners along Cox Neck Road.. The planning board did not want to create buildable lots out of the split-off pieces and therefore requested that the spit-off pieces were not separate buildable lots but merged into the Cox neck properties. In effect this decreased the size of Chudiak property but enlarged the pieces along Cox Neck Road and made the parcels more in conformity with the zoning at the time. A careful examination of the original lot lines map will clearly sustain this position and unequivocally show that the Becker and Zabicky parcels were never conveyed to them and therefore the covenant never attached to these parcels and the larger piece remained "as is" Only the Wells and Wanat properties have the covenant that affects build ability. . . The covenant not to build is specifically limited to those parcels that were merged into the owners property along Cox Neck Road and did not affect the retained parcel by Mr. Chudiak To interpret it otherwise strains the imagination and good conscience. As a purchaser we have conducted a title search and a variance search (single & Separate) and there is absolutely nothing on record to sustain your position. There is no recorded covenant affecting this parcel. In her letter dated March 13, 2002 (when this issue was first raised) Ms. Moore by letter addressed to Mr. Petritsch (copy enclosed) completely set forth the details of the Planning Boards decision and further quoted Art.6 and Public Health Law, Sec. 1115 which clearly sets forth that boundary line changes were not considered "subdivisions" To hold otherwise is arbitrary. It further appears that any complaint lodged with you by a neighbor not affected by this application and not privy to this transaction should not be sustained as it is a tortuous interference with the Mr. Pisacano's contract rights which could result in an action for treble damages. From the very beginning of this process, Mr. Pisacano has cooperated in every detail and supplied your office with everything requested including the preparation of C&R's which were approved by your office and in fact he was told that they would be signed within a day or two. At the last moment now, you have raised a question that was resolved by Ms. Moore's letter in March. It is respectfully requested that you reconsider the Board's position in this matter and grant Mr. Pisacano approval to construct a single family residence on this parcel which is 1.7 Ac. and in conformity with zoning regulations. Thank you. Very truly yours, CAMINITI & By: Paul miti, Partner PAC:p c: Planning Board Building Dept. SENT BY: MOORE; . 631 765 4643; SE.1-02 10,:49; .J:' ' ~ .~"i (.~ .; ", ,'\ c; l,ll...... "-.i ,; ,.' : ", tt,.. . . ",.~!,J '" '", fl.'" C' : PAGE 5/6 r PATRICIA C. MOORE Altnmey at Law 51 020 Main Road Southold, New York 11971 @ Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 13, 2002 Sutlolk County Department of Health Services Bureau of Wastewater Management Suffolk County Center Riverhead, New York 1190 I Attention: R.E. Petritsch, P.E. Re: RIO-02-0052 Cox Neck Road Owner: Chudiak Dear Mr. Petritsch: I represent Mr. Chudiak, the owner of the property, who is in contract to sell the property to the applicant Michael Pisacano. In response to YOUT notice dated March 8, 2002 please be advised that the subject property is over two acres in si:.:e, is the balance of the land owned by Mr. Chudiak. On December 16, 1985 the Southold Town Planning Hoard authorized two boundary line changes with the adjacent properties fronting Cox Neck Road in order to make the adjacent parcels larger. Specifically, the Planning Board approved a boundary line change of 12,500 sq. ft of vacant land from Chudiak to the adjacent 12,500 sq.ft imoroved parcel owned by Wells fronting Cox Neck Road. The Wells parcel (SCTM#1000-113-07-19.19) was made more cO'.1forming with a total of25,000 sq. ft.. Also the Planning Board simultaneously approved 18,800 sq.ft. of vacant land from Chudiak to the adjacent 14,252 sq.ft. improved Wanat property fronting Cox Neck Road, also making thatlot SENT B.Y: MOORE; ./ . 631 765 4643; S,...1-0210:49; PAGE 6/6 (SCTM#1000-113-07-19.18) more conforming with a total of 33,052 sq.ft.. These changes were "boundary line changes" which did not result in additional building lots being created. The boundary line changes were not "subdivision" of the property. The Planning Board required Covenants to be filed on each transfer which made it clear that the contiguous land was merged to create one parcel with only one residence. .. Realty SlIbdivision" as defined in the Suffolk County Sanitary Code- Article 6, Environmental Conservation Law, as applicable, and Public Health Law section 1115, is any tract of land which is divided into five or more parcels, after the effective date of this act, (PUB HEALTH * 1115, Realty subdivisions). In 1985 "Lot line changes" (boundary line changes) were not considered "subdivisions", The Chudiak parcel made the improved adjacent parcels larger and retained the subject two acres which comply with your requirements. We thank you for your consideration and ask that you proceed with tht: application to construct a residence on the Chudiak's two acre parcel known as SCTM#1000-113-07-19.11. (fyou have any questions or wish to discuss this application please do not hesitate to contact me. Very truly yours, Patricia C. Moore I It .III , ,,/?' \,'" ,/ ",<./ /~::;/ /:,,';'/ / ,,/ , /' ~---" -- '" q, "" ,'y ) ~",~ M'"'' /" " , '\) ," "y, ~ ~.\,._ _ , >,hf-- _--A~\ /,<,\\" .0' ',') )(~< ;~'\-'" ',{)"C T' '\}\'" /, 'I "', \4 Y' 1\~\ I ~ /'1] ~ \ \ . \"~)''l. ~./ \ "<, \ II- j /./ _~" \ 1.'1 ~> I ;/<\ 1 .....'V /'" _ \ \ \' -" ,,/ ',\( \ ".", ,n . (5) , \ ,,/ '>'~ Y / \ ", . '''I /<y' " . ,'~Xt~)"\'/,,, '0'\ "",.,~ ,\ \ -",._ :., ". 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I I '''''f;L.L5 12,50E.S::: ...r ,'- .. I I 2 1'2?O ();~ .0 "' ( I'i \~ \lU 'p, \'~ ~ 'NI>~{ <',if": if' t:';: r. ~~or""'~1on 101I"-........'IIolIIkInof ..... .,.l1li.. ""'y........ -- ~.~~~M'~~ w. " ., "I , .J ,', V,fAN^\ .14,2!:i2'5.F. , -, ~ ___ J ~" ,0 o o I) OJ 's ~ ," w '0 ."l' lh '0 o ui .~ o a r- 1 .1 I C) <l. o [v . .. :,., u w ' Z I,. ,--1'" - -..- \ ! , I \ I x .., v o g .....-.4<1~/-. ... .NOTES' t,5l. Z.Pk :LN. 4. QJ' 1<1 --' ~I-\"'\' ,.,pc.<:jIY .- \, . --., ... . . !;'ueF /YT/ - t 5'(/6rY1/SS/Q,J uJ/o COvE~ LEITt:~~ REQUEST rOR INFORMATION OR ASSISTANCE Date: 9 - 1/ - 0 J- Name: If\/\ I L ~ rr llCnA-E r ISftLA-NO Telephone: ((..'3 n 7(PJ - If'11 I Mailing Address: 7.0. $O)C l~~l Sov'"T1to4~ SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supporting documentation - surveys, maps, sketches - where possible.) ".. c. '- SEP 1 ,; tUUt ..,. {', ~r ,.,1 "T": . '; '~;'."",i L \:'.' 1 '-} 5' j :_. ~ " , ,_,' ;"';, '" it' ~ 0,;,,.. lJOanl For Office Use Only: Routed to: . -~"."..""---. j. ._',00-' SENT ev: MOORE; . - ~>LANNING HUAlID MEMBERS BENNETT ORLOWSKI, JR. Chlllrman WILLIMd J. CREMEH.~ IU:NNETII L. EDWARDS GEORGE RlTCHH~ r .ATHAM. JR. RICHARD CAGGIANO Memorandum to the File 6~1 765 4B4~; GE~'141ir 10:49; PAGE 3/6 'l'~WI1 11..11, 58095 Stat" Route 25 P.O. Box 1179 '. SUltthold, New Yorlt.1l971.0959 Fax (6a]) 765-3136 Telephone (631) 765-1938 I, PLANNING BOARD OFFlC.Il: TOWN OF SOUTHOI.f) Dale: August 13, 2001 Re: Chudlak ~roperty located in Mallituck on West side or Cox Neek Road, Mattituck, NY SCTM # 1000-113-7-19.11, formerly part of 113-7.12. From: Valerie Scopaz, AICP, Town Planner,y.J- . I This memorandum was written In response to a query regarding the status of the Subject lot, noted aJove. The question before the Town WI. whether said lot was a recognized building lot This memorandum prlnent" the history of the parcel as ascertained from the Planning Board's records. In 1964, William Chudlak, through his allomey, Emil De PQtrlft, applied to the Planning Board to $et-off two separate building lots from hie larm, Tht set-off of concern to us in this Instance is the 80,000 square foot lot that Wllll to bEt accessed by way of a 50' private right of way from Cox Neok Road. This lot was subsequently acquired by Mr. and Mrs. Kevin Milowskl. The lot did not have C road frontage on a public street, thus was required to obtain Q vllrlanC$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 psst this parcel ~/on9 thl. or any other right of way wllf require re-applic8tlon and oonalderetion by this board for appropriate 280A access cons/deration (or the Planning Board if seme falls within their putV/ew): (A copy of the ZBA decision Is attached.) fI ') '6 0 ~'W~~ t-J\1( -",\0 c(i.. I ...--( (C C \I..--' 0t't ;-P ~c..(J Subsequently, in October of 1985, Mr. Chudiak, again through hie attorney Emil DePetris, submitted four separate lot line applications to eflect a merging of land between the aforementioned rlght~f-way and existing lot. flolngCox Neck Road, of which there were four: Wanat. Wells, Becker, and Zl'lblcky, (later known as Siderakis). On December 16, 1985, the Planning Board volCld to approve the lot line amendments between Chudiak and each of the afOrlJlflld property owner$. - SENT 8Y: MOORE; , II appears that some of the neighboring property owners were not prepared or in the position to acquire the additional property at the lime of the lot-line applications. The Planning Board approval was subJeot 1.0 condltlon$ that the property of Chudlak be, in each case 'conveyed to and merged with the contiguous flOuse lor to the East,. ... .and that only one (1) residence togOUI.f with accessory structures may be constructed and maintaIned upon the two parcels which will becom8 merged Into one.. ..snd that the ltbove covanants flna restrictions be included in the deed and on the surVey map for the lot/ine change" f-.. '. ,~ The approval letter wenl on to note that the Chairman of Ill' Planning Board 'J \.J . ~ would endorse the approval upon receipt of the final survoys all requlred.,/ .jJ!'v iJ'i-l.. ~ (A copy of the approval letters is attached.) y \ 0'\'. . . r( 'L ("-' \;, L A hand-written note In one of the files indicates that Mr, 0,. Petrls stated t~1I ..' \c\ " lots WIll be sold, and that Zablcky was not prepared to buy, bul thlt Neuda;;k '\ z--- \ ~\. ~ ~1 could buy her parcel. The note gO!!S on to stale "they ora egroaable to CaRs <; JiL- / that the conveyed property will merge and nol have any residences,' "rJ 0 . \)0 1\ &\ Further. there is a letter In one of the files dated April 13, 1980, addreslled to tho ~ Planning Board from Nicholas Kordas, attorney for Lambros and Matrons Siderakls, who had acquired the Zablcky property In 1982, ThCllottef etates that the Slderakis' are aware of the terms of Ihe lot-line amendment and Qro "ready and willing to acquIre the vacant fand adjacent to their pre'mJIIGtI", The Attorney 1lI11lO sent a letler to Mr. Chudiak expressing his clients' r.I\dlnolll to proceed. A copy of those letters are attached as well. . 631 765 4643; 9E~'14iii 10:48j L .:"T \. I discussed this matter with the Planning Board at Its work .."Ion of Monday, August 6th. Two of the members present were on the BOlllrd during 1985, end they emphasized that the intent of Ihe lot line applications w.. 10 merge land to expand the size of existing lots: not to oteate new bulldln~ 10111. Tho record Indicates that the !!.object lot of this memo, 19.11, wall Intendod to be merged with two adjoining lots, and D.Q110 be retained for sale as II building Itlt lit some future date. Cc: Planning Board Building Department Town Attorney's Office PAGE 4/6 " c/.Ir~ L L--4,J"€. ~ (JV~) . v~ /;: /i3 ;/ <:; /,\ . lX.-t' ~' !OUNTY OF SUFFOL~ (iI Robert J. Gaffney Suffolk County Executive DEPARTMENT OF HEALTH SERVICES Clare Bradley, M.D., M.P.H. commissioner September 6, 2002 Patricia Moore, Esq. 51020 Main Road Southold, N.Y. 11971 Re: Ref# RI0-02-0052, SCTM # 1000-113-07-19.11 - Application for Michael Pisacano Dear Ms. Moore: Subsequent to my notice of June 4, 2002, it has been brought to illY atlention that the above referenced property was the subject of a Town Planning Board decision, This decision apparently designated the property to be merged with adjacent properties; not to be built upon. As such, prior to moving forward with the individual application with this Department, the proposed development should be presented to the Town for approval first. If this Is not feasible then a development map should be submitted as originally requested including all properties Involved In the "lot line change" that took place subsequent to 1980. In addition, please have your surveyor or engineer show on the plnns existing contours together with elevations based upon the USGS datum. Note that Section '-105, pB-8 of the Department's Construction Standards specify that sewage disposal systems shull not be located in areas where topography concentrates runoff onto or in the area where the system Is pl'tJposed. If you have any questions, please feel free to contact me at 852.2100, Very truly yours, ./' TL~') /.L7. '.' ~ Douglas J. Fe dman, P.E. Senior Public Health Engineer Office of Wastewater Management cc: Town of Southold Planning Board Mr. Michael Pisicano division of environmental quality COUNTY CENTER RIVERHEAD, N.Y. 11901-3397 852.2100 .... !:. ~ . !!:u/3F /YfI . 5'u6rY1/SS,'o,J [}..JIb CovtC~ L€/7EZ REQUEST rOR INfORMATIO~~ OR ASSISTANeE Date: 9 - / / - 0 ~ Name: 1M J L ~ ,r l \CnA-E r ISFtCAt<JO Telephone: ((,.,'3r) 7(Pr-<.f<jCj! Mailing Address: 7.0. $O)C l'1~1 Sol.rJ""1'to4~ SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supporting documentation - surveys, maps, sketches - where possible.) ("" -- ----- "" $EP 1 ~ 2uUl .r>. I ;.:::'..f... "'d"" ". -""'''' IC~""1 f.'J'" . .. ......,'.ng Soard . . For Office Use Only: Routed to: SENT. 8Y; MOORE; . - ~>LANNING HUAlID MEMBERS BENNE7T ORLOWSKI, JR. ChtLIrman WILLIAM J. CREMERS K,J,:NNETII L. EDWARDS GEORGE RlTCHlg J,ATHAM. JR. RICHARD OAGGlANO Memorandum to the File 831 785 4843. 9EP.1"" iO:49; PAGE 3/6 '1'tlW11 Ilull, 68095 Stat" Route 25 P.O. Bnx 1179 '. SUl.thold, New York 11971-0959 FItX (63]) 7611.3136 Telephone (631) 765-1938 I, PLANNING BOARD OFFIOR TOWN OF BOUTHOl ,f) Date: August 13, 20301 Re: Chudlak ~roperty located in Mattituck on Wesl side or Cox Neck Road, Mattituck., NY SCTM # 1000-113-7-19.11, formerly part of 113-'.12. From: Valerie Scopaz, AICP, Town Planner~ . , This memorandum was written In response to a query regarding the status of the Subject lot, noted a:Jove. The question before the Town WIl8 whether said lot was a recognized building lot. This memorandum presents. the history of the parcel as ascertained from the Planning Board's recorda, In 1984, William Chudlak, through his ettomey, Emil De !:,olrllt, applied to the Planning Board to !>et-off two separate building lots frOm hl,'arm, Tha Ilet-off of concern to us in this Instance is the 80,000 square foot lot that wall to bEl f- ::::~:~y~%~rr:d5~~ ~~~~;t~~~:i~ f:l~..es~, N~I: ~~~?d ~tl~I~~~~W~ ? '6 0 . D t'~~r. road frontage on a public street, thus was required to obtain B variance from 01 ~ Section 280A of Town Law for access. On June 13,1984, the ZBA granted ~Cl'( ...-(0 access subject to four conditions, one of which stated lhel"""l-l!:.. I 'Any future subdivision or set-off PBilt this percel e/Qn9 this or ./( \' . 'b(..>L.-- any other right of way will require re-applfcatJon and oonllcferstlon ~('t.. . ~. by this board for appropriate 280A access consideration (or the 0 c..() Planning Board if same fe/Is withIn their pUlvlew): (A copy of the ZBA decision Is attached.) Subsequently, in October of 1985, Mr. Chudiek, again through "Ie attorney Emil DePetris, submitted four separate lot line applications to .ffeol 8 merging of land between the aforementioned right-of-way and existing Iota flolngCox Neck Road, of which there were four: Wanat, Wells, Becker, and ZSbloky, (later known as Siderakis). On I)ecember 16, 1985, the Planning Board volod to approve the lot line amendments between Chudiak and each of the ~fOra8!lld proptlrly owners. . SENT BY; MOORE; . 631 76S 4643; OE~.l.~ 10:4B; !'AGE 4/6 It appears that soma of the neighboring property owners wero 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 Chudlak be, in each case .conveyed to and merged with the contiguous flOus(t lot to the East,. ... .and thaton/yone (1) residence tog(llll'f with accessory struotures may be constructed and maintained upon the two parcels which will become merged Into one.. ..and that the above covenants €Jna restrictions be included in the deed and on the surVey map for the fot line change" f---.,., " , _ 'J~ The approval letter went on to note that the Chairman of tI'e PleMnlng Board 'J l ~ would endorse the approval upon receipt of the final survnys All required, / 'pf'~ vJ,,}/ (A copy of the approval letters is attached.) '( \".~ " '0 \5 f' A hand-written note In one of the files indicates that Mr, D,e Petri a stl!lte~"I~ .' , _ \c\ " lots WIll be sold, and that Zablcky was not prepared 10 buy, bullhat Ne~ds;;k '\ 1,--'9' L JL-~1 could buy her parcel. The note goes on to stale "they ora egrooable 10 CaRs s 0 ~ that the conveyed property will merge and nol have any reeldences,' f\ rJo 1>" , \ 6i\ Further, there is a letter In one of the files dated April 13, 1 aaa, addtoslled to lho\ rJ Planning Board from Nicholas Kordas, attornay for Lambros and Matrona ' Sideral<ls, who had acquired the Zablcky property In 1982, Tho lotter states thai \ the Slderal<is' are aware of the terms of the lot-line amendment and aro "mady and willing to acquire the vacant land adjacent to their pre'mfsQs", The lIttorr\9Y also sent a letter to Mr. Chudiak expressing his clients' rtlQdlnotl to pttlooed. A copy of those letters are altached as well, tf,A4' L-4~ ..,-f l.~ ) ~ I discussed this matter with the Planning Board at ItB work lellllon of Monday, August 6th, Two of the members present were on Ihe Board d~lrll1g 19B5, and they emphasized that the intent of Ihe lot line appllcatlons w.. 10 morge land to expand the size of existing Iota: not to create new bulldln~ 10111, Tho record Indicates that .the sl.object lot of lhis memo, 19.11, was Inllmdud to be merged with two adjOining lots, and D2! to be retained for sale a8 II building Itlt lit Ilome future date. i 0V~U> /0 )I~' , -'l - r,-J ~ Cc: Planning Board Building Department Town Attorney's Office . '. . 'COUNTY OF SUFFOLK (g Robert J. Gaffney Suffolk County Exeoutlve DEPARTMENT OF HEALTH SERVICES Clare Bradley, M.D., M.P.H. commissioner September 6, 2002 Patricia Moore, Esq. 51020 Main Road Southold, N.Y. 11971 Re: Ref# RIO-02-0052, SCTM # 1000-113-07-19.11 - Appllclltloll for Michael Pisacano Dear Ms. Moore: Subsequent to my notice of June 4, 2002, it has been brought to my attention that the above referenced property was the subject of a Town Planning Board decision. This decision apparently designated the property to be merged with adjacent properties; not to be built upon. As such, prior to moving forward with the individual application with this Depllrtment, the proposed development should be presented to the Town for approval first. If thi~ is not fellslble then a development map should be submitted as originally requested including all properties Involved In the "lot line change" that took place subsequent to 1980. In addition, please have your surveyor or engineer show on the plllns ex.istlng contours together with elevations based upon the USGS datum. Note that Section S-105, ptl-8 of the Department's Construction Standards specify that sewage disposal systems shllll not be located in areas where topography concentrates runoff onto or in the area where the system Is pl'oposed. If you have any questions, please feel free to contact me at 852=2100. Very truly yours, .~~~~~ Douglas J. ~e?ct"m~~, P.E. Senior Public Health Engineer Office of Wastewater Management cc: Town of Southold Planning Board Mr. Michael Pisicano division of environmental quality COUNTY CENTER RIVERHEAD. N.Y. 11901-3397 852-2100 E-MAIL: cgLLP@I-2000.com LAW OFFICES ~t))[P1f SftF FAX. NO. (631) 765-5902 15 . PAUL A. CAMINITI CAMILLE lUCARINI LEGAl.. ASSISTANT CAMINITI & GIBBONS, L.L.P. . S3345 MAIN ROAD (FBATHBR HIL~.S . P.O. BOX 846 SOUTHOLD, N.Y. 11971-0846 . (631) 765-5900 JOSEPH H. GIBBONS OF COUNSEL October 1, 2002 LISA M. RUDDER OFFICE MANAGER Douglas 1. Feldman, PE Senior Public Health Engineer Office of Wastewater Management Dept. of Health Services County Center Riverhead, NY 11901-3397 , '~pIll~: .~ OCT 0 3 2UOl ~ Southold Town Planning Board "'-' Re: Reffl RIO-02-0052, SCTM # 1000-113-07-19.11 (Michael Pisacano) Dear Mr. Feldman Our office represents Michael Pisacano, as purchaser of the above parcel. I have a copy of your letter addressed to Patricia Moore, Esq dated September 6, 2002. Unfortunately I do not have a copy of yOur letter previously addressed to her on June 4, 2002. As a result of your letter I have caused all the files in this matter to be completely reviewed and I can find nothing on record to sustain the question you raise. The decision of the Planning Board in the various lot line changes over the years did not and does not affect the retained larger parcel held by Mr. Chudiak. The pieces he split off from the larger piece were lot line changes and the pieces split off merged with the adjacent parcels which were owned by the property owners along Cox Neck Road.. The planning board did not want to create buildable lots out of the split-off pieces and therefore requested that the spit-off pieces were not separate buildable lots but merged into the Cox neck properties. In effect this decreased the size of Chudiak property but enlarged the pieces along Cox Neck Road and made the parcels more in conformity with the zoning at the time. A careful examination of the original lot lines map will clearly sustain this position and unequivocally show that the Becker and Zabicky parcels were never conveyed to them and therefore the covenant never attached to these parcels and the larger piece remained "as is." Only the Wells and Wanat properties have the covenant that affects build ability. . . The covenant not to build is specifically limited to those parcels that were merged into the owners property along Cox Neck Road and did not affect the retained parcel by Mr. Chudiak. To interpret it otherwise strains the imagination and good conscience. As a purchaser we have conducted a title search and a variance search (single & Separate) and there is absolutely nothing on record to sustain your position. There is no recorded covenant affecting this parcel. In her letter dated March 13, 2002 (when this issue was first raised) Ms. Moore by letter addressed to Mr. Petritsch (copy enclosed) completely set forth the details of the Planning Boards decision and further quoted Art.6 and Public Health Law, Sec. IllS which clearly sets forth that boundary line changes were not considered "subdivisions". To hold otherwise is arbitrary. It further appears that any complaint lodged with you by a neighbor not affected by this application and not privy to this transaction should not be sustained as it is a tortuous interference with the Mr. Pisacano' s contract rights which could result in an action for treble damages. From the very beginning of this process, Mr. Pisacano has cooperated in every detail and supplied your office with everything requested including the preparation of C&R's which were approved by your office and in fact he was told that they would be signed within a day or two. At the last moment now, you have raised a question that was resolved by Ms. Moore's letter in March. It is respectfully requested that you reconsider the Board's position in this matter and grant Mr. Pisacano approval to construct a single family residence on this parcel which is I. 7 Ac. and in conformity with zoning regulations. Thank you. Very truly yours, By: miti, Partner PAC:p c: Planning Board Building Dept. StNI BY: MOORE; ;- 1'l31 7M 4843; SEPi-02 10:4.9:,.,:" '. "':.,e;"'l \.'>'.'" .\j" f, _--< . . !..i'.... ., ~ ' . ..::.\.. J..~"o ...., . .. /. ' "'.'/ ~'t' . j PAGE 5/8 . PATRICIA C. MOORE Allomey at Law 51 020 Main Road Southold, New York 11971 @ Tel: (631) 765-4330 Fllll: (631) 765-4643 Margaret Rutkowski Secretary March 13, 2002 Sutlblk County Department of Health Services .Bureau of Wastewater Management Suffolk County Center Riverhead, New York 11901 Attention: R.E. Petritsch, P.E. Re: RIO-02-0052 Cox Neck Road Owner: Chudiak Dear Mr. Petritsch: I represent Mr. Chudiak, the owner of the property, who is in contract to sell the property to the applicant Michael Pisacano. In response to your notice dated March 8, 2002 please be advised that the subject property is over two acres in sh:e, is the balance of the land owned by Mr. Chudiak. On December 16,1985 the Southold Town Planning Board authorized two boundary line changes with the adjacent properties fronting Cox Neck Road in order to make the adjacent parcels larger. Specifically, the Planning Board approved a boundary line change of 12.500 sq. ft of vacant land from Chudiak to the adjacent 12,500 sq.ft imoroved parcel owned by Wells fronting Cox Neck Road. The Wells parcel (SCTM#1000-113-07-19.19) was made more cO:'lfonning with a total of25,OOO sq. ft.. Also the Planning Board simultaneously approved 18,800 sq.ft. of vacant land from Chudiak: to the adjacent 14,252 sq.ft. improved Wanat property fronting Cox Neck Road, also making that lot SENT BY: MOORE; . . ,". . . 631 765 4643; SEP-4it02 10:49; PAGE 6/6 (SCTM#lOOO-1l3-01_ J 9.18) more confonning wi th a total of 33,052 sq.ft.. These changes were "boundary line changes" which did not result in additional building lots being created. The boundary line changes were not "subdivision" of the property. The Planning Board required Covenants to be filed on each transfer which made it clear that the contiguous land was merged to create one parcel with only one residence. .. Realty SlIbdivision" as defined in the Suffolk County Sanitary Code- Article 6, Environmental Conservation Law, as applicable, and Public Health Law section 1115, is any tract of land which is divided into five or more parcels, after the effective date of this act, (pUB HEALTH * IllS, Realty subdivisions). In 1985 "Lot line changes" (boundary line changes) were not considered "subdivisions". The Chudiak parcel made the improved adjacent parcels larger and retained the subject two acres which comply with your requirements. We thank you tor your consideration and ask that you proceed with the application to construct a residence on the Chudiak's two acre parcel known as SCTM#1000-113-07-19.11. If you have any questions or wish to discuss this application please do not hesitate to contact me. 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Gaffney Suffolk County Executive DEPARTMENT OF HEALTH SERVICES Clare Bradley, M.D., M.P.H. commissioner September 6, 2002 Patricia Moore, Esq. 51020 Main Road Southold, N.Y. 11971 Re: Ref# RlO-02-0052, SCTM # 1000-113-07-19.11 - Application for Michael Pisacano Dear Ms. Moore: Subsequent to my notice of June 4, 2002, it has been brought to my attention that the above referenced property was the subject of a Town Planning Board decision. This decision apparently designated the property to be merged with adjacent properties; not to be built upon. As such, prior to moving forward with the individual application with this Department, the proposed development should be presented to the Town for approval first. If this is not feasible then a development map should be submitted as originally requested including all properties involved in the "lot line change" that took place subsequent to 1980. In addition, please have your surveyor or engineer show on the plans existing contours together with elevations based upon the USGS datum. Note that Section 5-105, pB-8 of the Department's Construction Standards specify that sewage disposal systems shall not be located in areas where topography concentrates runoff onto or in the area where the system is proposed. If you have any questions, please feel free to contact me at 852-2100. Very truly yours, . ..L7~'~75;~ Douglas J.~man, P.E. Senior Public Health Engineer Office of Wastewater Management cc: Town of Southold Planning Board Mr. Michael Pisicano division of environmental quality COUNTY CENTER RIVERHEAD, N.Y. 11901-3397 852-2100 ) WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . -+, Ie:- PLANNING BOARD MEMBA BENNETT ORLOWSKI, JR. Chairman Town Hall, 53095 State Route 25 P.O. Box 11 79 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 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 Planne~ . 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. . . ) 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 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 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 w<:s 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 . . ("U.-oI..M-- ~.~ Town Board of Appeals MAIN ROAO - STATE ROAO 2S SOUTHOLO. L.I.. N.Y. 11971 TELEPHONE (616) 766.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3243 Application Dated Apri 1 11, 1984 TO: Mr. and Mrs. Kevin Mi10wski P.O. Box 134 Cutchogue, NY 11935, (Public Hearing May 17, 1984) [Appellant (5) 1 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 [xl 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 imprdvements 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 considerjl'!gthisappeal, the .~oard also determines: (a) that the relief reqOestedfs not substantial; (b) that-by granting the requested relief, the character of the neighborhood will not be adversely aff~cted;(c)~ thjt by allowing the ~aria~ce, no substantial detriment to adjoining properties would be created; (d) that no adverse effects. will be=produced ori availablegove~nmental facilities of any increased population; !.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' (tONT)NUED ON PAGE TWO) t\~~ \D\~r;'\ DATED: June 13, 1984. Form ZB4 /rev. 12/81\ CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS .....~ ~,' / r Pag>e 2 -'Appeal No. 3243 Matter of KEVIN AND LESLEY MILOWSKI Decision Rendered May 31, 1984 '. .A;;. . RESOLVED, that Appeal No. 3243, application of KEVIN AND LESLEY MILOWSKI for approval of access, BE AND HEREBY IS APPROVED AS APPLIED AND SUBJECT 10 THE FOLLOWING 'CONDITIONS: 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 len9th of approximately 312.16 feet; 2. Any future subdivision or set~ff 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 (o~ the Planning 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: Neck Road, Mattituck, NY; of 012. Right-of-Way at the West Side of Cox County Tax Map Parcel lOOO-113-07-part .- Vote of the Board: Ayes: Messrs. Goehri nger Doyen and Sawicki. {Members Grigonis and Doyen were absent.~ This resolu- tion was adopted by unanimous vote of the members present. * * * ~~LL~' GER~ D -. N ER, I MAN June 13, 1984 . .\.. /' ..~ SCHEINBERG, SCHNEPS, DE PETRIS & DE PETRIS A=OHNEYS AT LAw 220 ROANOKE AVENUE POST OFPICE BOX 3-99 OC13 1~85 SHEPARD M. SCHEINBERG MURRAY B. SCHNEPS EMIL F'. DE PETRIS RICHARD E. DE PETRIS RIvERHEAn, NEW YORK 11901 ISIDORE: SCHEINBERG 1900-1985 (S161 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: Property6f WilliamChudiak 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 c~venants 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- explanatory. If this is incorrect, please let me know. v~rs, ___ Emil F. DePetris FFn. ham NOV 7 198!! ilL. --851 ; I ) SOHEINBERG-, SOHNEPS, DE PETRIS & DE PETRIS ' ATTORNEYS AT LAW 220 ROANOKE AVENUE POST Oll'FICE BOX 1599 SHE~ARO M. SCHEINBERG MURRAY B. $CHNEPS EMIL F. DE PETRIS RICHARD E. DE PETRIS JANET GEASA RIVER-HEAD, NEW YORK 11901 ISIDORE SCHEINBERG 1900-1985 15161 727~5100 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 Chudiakl 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, _//A> Emil F. DePetris EFD:sr t'\ "A,6- -& \\' . . (I (j ) D 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 approv;al 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,' . ~, ClV~)0o!cLn-o BENNETT OR.SKI, JR., CHAIRMAN ;SOUTHOLD TOWN PLANNING BOARD 3,S'" pJ c. 01 \ r<~'Er r.,.'" ."l__.~V _.....,~,_ . o. " .. N R9:a.:L2Q,E. t{) ~ ~ 3 >~ ~ ?f' '0 / "t / \ , '\ "'" ~ o lR --- -~ g ~ . . ~. .,.. .j.".'."." -":'" '. . , , \ " o c) 2 -,. )- Li ~ IIi 1!l 0 ~ g In- ~ (\j ?f; " _/ -",.,..~ fas.o /' s:~}.X:ic.d\N , !ls."o ~\ '- ,'..,_...,,' ~ ,4J.~ :::i \I'l V ~8 to ~ N' U\ ltl o ?; S .J :r ~ 3 Q ~ .Q~ f',~ ~ u. o l- T \j ii ,.- u,,-~f ~~' ~ 125.0 ~p:)'ZO W. ...- \flu: ...J _ -..JV) ~e ,..,. N' ~ - J~O Q"~"""""""--"i:~,l' .~'~,;~--t:lwL'.,w,~ 4!!> '~'"" i 'r: '1.1: <trt :z ' ~ ~ '" ,--~-~,,~-=ft-~L'-~7 ,.J2.5D ..' \ , ..._. ,---.,- ,_...._.-~.._._~ "\ \ \ \ I -I i NE'U~ EC k:.. L .,. 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I~ t; >: ~ ~ E"<lt:'Ci .., . ~ zlt:t::':". ~ la~c~ ~: c~ 3 i:l~ ~ '" ~ "< ..~ ,,-,",' .~ 'fi:..ll ~ .;' VI & '" ~ t; . "' \ \,', N/O/F THEODORE R. WELLS. Jr. .t RITA WELLS DW[UING -- IoIClN.O..3'N. ! r" " Y'l' \/ ~ I ~ :. ~ , . '" '" . " ~ ~ N/O/F JOSEPH P. WANAT .t ELEANOR WANA T DWtWNG .".-- "'~' "I,:. . '" o ~ ~~ol:lssts1'1"1' J.oIBS t .~. 81 " IfI!i~ UtWmiORIZED .......TEMnOH 0It .IdXlITlON lOlHII~I5AVIOI.A1JlJNCf" S(Cl'ION 7201 ~ THE NEW 'I'ORIC STATE EDUCt.T1ONlJIlIIIl. COPIES Of THIS SUI'4Y WI' HOT ElEMlNG TH!: l.NC) SUlWF/'CIt's lNKtD ElL Oft ~ '9(AL twrU. NOT I[ COtrlSI:lBIm TO IEAWoUOTIIlUE COPY. CGml'IC.I.lIOHSlMMC'.oUIDHEJlII:ltlStW..L1tUH ONlY TO THf: PUlICIH FOR WHOIrillltE SlJIR'4Y ISNIJIWlirD,...ON..........ronc Trr\.[ COlMWr. 0CMIIMIENhl IIliEHCf NC) l..DII:WC JBm\IIION l.II1Ul HEJIlEOIII, AfC) 1tI ll1I: .-as OF' mE I.PlIlMI wn-- T\II1Oft.~MENC1T~. mE lXIS1Da or InGHT or WAYS AND/OII EAICMDfTS or 1tCOIID. IF 1Jff. NOT INOWN IIIiIE. NOT lIUMAHTIED. CERTIFIED TO: FlIIST AlotERICAN TITLE INSURANCE COllPANY Of NEW YORK lotlCHAEL PISACAN() ..---.-'_._~ , I I ! ! " SURVEY OF PROPERTY i I SITUATED AT ['I,' MA TTITUCK TOWN OF SOUTH OLD i I SUFFOLK COUNTY, NEW YORK i i S.C, TAX No. 1000-113-07-19.11 I' SCALE 1 ":SO' . ; SEPTEMBER 23. 1999 t' ' JANUARY 18. 2001 UPDATED SURROUNDING LOT OWNERS NAMES FEBRUARY 27, 2002 ADDED PROPOSED HOUSE APRil 30. 2002 REV1SED AS PER CORRECTION DEED & ADD PROP. WATER LINE , , , ! I i , , i . , . i i I , I II I "' ARE" = 72,974.44 sq. ft. 1.675 00. n o >< "02: ~t:rJ ~ ~n ~^ g TEST HOLE DATA (7EST HOlE DUG frY' u.nrw.ll n ~ ON JMiUAR'r 2~. 20(2) 1 ! = ,. [lrv" TlQtolS ARE REfERENCED TO ~ ....SSl.IWEO OA TUlI EXISTING D.rIAnotfS ARE SHOWN THUS: ~-,! 2. W1NiWUW SEP1lC TA,MI( CAf'Acrnrs FOR .. , TO .. BEOROOW HOUS[ IS 1,000 GAl.l...DNS. 1 TANK; II' \OHO, "'-,5- WIDE, "-7~ DEEP 3. Wll'4IlllUW LEACHING SYSTtW FOR It 1 TO .. KDROOW HOUSE IS 300 ~ ft SIDEWALL AREA. 1 POOl; 12' DEEP. 8' dJa. o l'1lOPOSED [XpAMSlON POOl ~ PROI"OSrDLEACIfI'fG POOL ~ l"ROPQSQl SEPTIC TANI( 4. 'fM( :..OCATION OF WlW AND CESSPOOlS SHOWN HERtON ARE FRO.. FIELD 08$ERVAnONS AND/OR DAT... OITAINED ntOW OTHERS. " ,.'" - ; "'""'- - .... .... '" '" '" '-! SEP 1 t 2002 :"~~i ' .il, <:~ C::)utholdTown Planning Board PR[J>AfIID lfrIlICCORON<<:E MTH THE lIINlWUl.4 ST.IIfCWIlO5FORTnUSlJIfIon'SASESTA8l.JSHED EN H LlALS. Nfl) Af'PROl.C AN> ADOPTED FOR !UCH USE Bf 'THE NEW VORl( STATE lNID TI'fl[~T1OH. Jos L Title Surwys - SubdMWlI - Sjflf Pfans - Co~ruction LlJ)'OUt PHONE (6.\1)727-2000 omccs LOCA1lD AT 1 J80 ROANOKE AVENUE RlVERHEAO, New Yoril. 11101 Fa. (631)727-1727 MA/UNG ADDRfSS P_D Boll 1931 RIverheod, New York 11901-0965