HomeMy WebLinkAbout1000-113.-7-19.7 (3)LOT-LINE CHANGE
The following items are to be submitted on the
change:
survey for a lot-line
Key Map
Lot, block, and section number from tax map, scale and
north arrow
Name and address of the owner of record
Name and address of the person preparing the map (certified~
engineer, land surveyor, architect, etc.)
Property descriptions, dimensions, bearings, square footage of
the property being changed and property where additional
square footage is coming from.
Existing zoning
Areas subject to flooding
Existing buildings and site improvements, (ie fences, hedges)
Indicate the existing lot line (dotted line) with the bearing
and distance and the proposed lot line (solid line) with the
new bearing and distance.
Location and name of existing streets or right-of-way
adjacent to the property.
Existing spot grades
The following information is to be submitted with the application
for a lot-line change:
( )
( )
(
( )
Written and signed letter, notorized, by owners of properties
in question approving of the change and reasons for the change
Proposed covenants and restrictions indicating that upon
Planning Board approval, the property will be merged.
Any existing covenants applying to the property.
Form letter regarding drainage, roads, and grading, see attach:
Short Environmental Assessment Form, Part I, see attached
Application, three pages, last page notorized , see attached
pI[ANNING BOARD MEMBEtX~
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 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~j. ·
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
mad 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 mm-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, Becket, 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 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
Southold Town Board of Appeals
NIAIN ROAD- STATE ROAD ,-~c, SOUTHOLD, /.I., N.Y. 11g71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3243
Application 9ated April ]], ]984
TO: Mr. and Mrs. Kevin Milowski
P.O. Box ]34
Cutchogue, NY ]]935,
(Public Hearing May ]7, 1984)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on May 3.]~ ]984,
the above appeal was considered, and the action indicated below was taken
on your tX] 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,
for a Variance to New York T~wn Law, Article )6, 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. ]O00-113-7-part of Lot 12.
NY
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 3]2.16 feet to the premises in question, which is an
80,000 sq. ft. vacant parcel set off by the Planning Board, File ~368,
at its Meeting of March 12, 1984.
Although the right-of-way has been traveled by farm vehicles, the
right-of-way is in need of improvements, for satisfactory access by
emergency and other vehicles. It is the understanding of the board
that this request is for access only to the parcel in question, and
it should be understood that any further subdivision or additional
dwelling structures will be required to return for an updated review
and updated improvements as this board would deem necessary under
the circumstances.
In Considering this appeal, the board also determines: (a) that
the relief requested is not substantf~l; (b) that by granting the
requested relief, the character of the neighborhood will not be
adversely affected; (c)~ that by allowing the variance, no substantial
detriment to adjoining properties would be created; (d) that no
adverse effects will be produced on available governmental facilities
of any increased population; ~) 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 ~
(CONTINUED ON PAGE TWO)
DATED: June 13, 1984.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Pag~ 2- Appeal No. 3
Matter of K£VIN AND LESLEY MILOWSKI
Decision Rendered May 31, 1984
RESOLVED, that Appeal No. 3243, application of KEVIN AND LESLEY
MILOWSKI for approval of access, BE AND HEREBY IS APPROVED AS APPLIED
AND SUBJECT TO THE FOLLOWING CONDITI'ONS':
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-off past thi~ parcel along
this or any other right-of-way will require re-application and
consideration.by this board for appropriate 280A access consideration
(°r the Planning B°ard if same falls wlthin their purview);
~ 3. The right-of-way must be continuously maintained in good,
"-q.~tisfactory 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 lO00-113-07-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.
GERARD P'. GOEH~AN
June 13, 1984
October 1, 1985
J85
Southold Town Planning Board
Town of Southold
Town Hall
Southold, New York 11971
Att: Diane M. Schultze, Secretary
Re: PropertyOf Wiliiam'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 f~led 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
co__venants will be filed once the approvals have been given.
I understand that it is not necessary for me to be
present when these applications are heard since they are self-
explanatory. If this is incorrect, please let me know.
Very
Emil F. DePetris
EFD:bgm
? 191 5
ScmcmBE~O, Soasr. PS, D~ PE~s & DE P~a~s · ~'
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
Plan~ing 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."
EFD=sr
Very truly yours,
Emil F. DePetris
S TY
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
B6ard, Monday, December 16, 1985.
RESOLVED that the Southold Town Planning Board approve the
lot-line change to add 25,000 square feet from the property
of Chudiak to the property now or formerly of Zabicky,
located at Mattituck,subject to the following conditions:
1. That the property of ChUdiak will be conveyed to and
merged with the contiguous house lot to the East, now or
formerly of Zabicky
2. That only one (1) residence together with accessory
structures may be constructed and maintained upon the
two parcels which will become merged into one.
3. That the above covenants and restrictions be included
in the deed and on the survey map for the lot line change.
When we are in receipt of the amended surveys as requested
in condition' No. 3~ the Chairman will endorse the approval
on the survey. Please forward six (6) prints of the amended
surveyS.
If you have any-questions, please don't hesitate to c6ntact
our office.
Very truly yours,
SOUTHOLD TOWN PLANNING BOARD
D
~LD
Y
Southold, N.Y. 11971
(516) 765-1938
December 17, 1985
Mr. Emil Depetris, Esq.
220 Roanoke Avenue
Riverhead, NY 11901
RE: Chudiak to Wanat
located at Mattituck
Dear Mr. Depetris:
The following action was taken by the Southold Town Planning
Board, Monday, December 16, 1985.
RESOLVED that the Southold Town Planning Board approve the
lot-line change to add 18,800 square feet from the~roperty
of Chudiak to the property now or formerly of Wanat subject
to the following conditions:
1. That the property of Chudiak will be conveyed to and
merged with the contiguous house lot to the East, now or
formerly of Wanat.
2. That only one (1) residence together with accessory
structures may be constructed and 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,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
SCHEINBEi~6, SCHNEp$, DE PE~I~iS & DE PE?rtiS
NOVember 6, 1985
Town of Southold
Southold, New York
Att: Ms. D/anne M.
Secretary
Re: Pr~osed lot
Dear Ms. Schultze:
Town Planning Board
11971
Schultze
line-chan~William Chudia~k[
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
Planning Board of the lot line changes any approval by the
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
residence, together t~e Town of Southold Only one
with accessory structures, may be
Constructed and maintained Upon the said two parcels
which are being merged into One parcel.',
EFD: sr
Very truly yours,
Emil F. DePetris
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re:
William Chudiak
(w/s land of Wanat
Lot line change
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be made in
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
WILLIAM CHUDIAK and ANNE CHUDIAK
APPliCATiOn,/ i~'OR APP~O~AT. O1:;' P~A?
(]got l±~e cha~ge)
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for~R~K(flnal) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Trow:
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under appIication, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be .... .D..bl.A. ..........................................
3. The entire land under application is described in Schedule e eto annexed. (Copy of deed
"A" h r
suggested.) '
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber . 4155 ... Page 59 On 8/2/56
Liber ........................ Page ...................... On .................. .
Liber ........................ Page ...................... On ........
Liber ........................ Page ...................... On .......
Liber ........................ Page ...................... On ...........
as devised under the Last Will and Testament of .......................................
or as distributee ........................................................................
5. T-he area of the land is 18,800 ~alf~:K square feet
6. All taxes which are liens on the land at the date hereof have been paid~-~_-_l~t~t ............
7. The land is encumbered by ..... b]. 9B.o ................
mortgage (s) as follows: ....................................
(a) Mortgage recorded in Liber .............. Page .................. in original amount
of $ .............. unpaid amount $ ..................... held by ......................
.............. address ................................................................
(b) Mortgage recorded in Liber ......... Page ....................... in original amount
of .............. unpaid amount $ ...................... held by .. .....................
.............. address ...............................................................
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ...................... held by ......................
...................... address
8. There are no other encumbrances or liens against the land :I~,i~.~K ........................
9. The land lies in the following zoning use districts .......................................
10. No part of the land lies under water whether tide xvater, stream, pond water or otherwise,
11. The applicant shall at his expense install all required public improvements.
12. The land ~!~ (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is ..............................................................
13.
Water mains will be laid by DNA
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by DNA
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by .... D..N?.. ....................................
and (a) (no) charge will be made for installing said mains. ""
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Toxvn of Southold Highway system, annex Schedule "C" hereto to showy same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19.
Where the plat shows proposed streets which are exteusions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be DNA
$ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at . .D.N..A. ........ years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F'.
DATE ..S.e.p..t.e..m.b..e.r. ~ Cd 19.8.5.. William Chudiak and Anne Chudiak
(Name of Applicant)
Ma~.~i.~u¢.k o..N.ew..Yozk .11952 .............
(Address)
STATE OF NEW YORK, COUNTY OF SUFFOLK
................................ ) SS:
On the ..... -'~" · ?. ...... day of ..... .S.e.p.t.e..m.b..e.r., .......... ,19.8.~.., before me personally came
WILLIAM CHUDIAK
............................................ to me Rnown to be the individual described in and who
EMIL F. DePETR~S ·
: Not~y Public. ~t~te ~' N~W Y~
STATE OF NEW YORK, COUNTY OF '~ ~m~i~ Fe.a~r®~ March ~0, 1~/~
...................... ~;~.; ' ' . .... - ~-,.~,
On the ................ day ........ :'... of .............. , 19 ....... before me personally came
........................ to me known, who being by me duly sworn did de-
pose and say that ............ resides at N'o.
................................. that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that ............ signed .............. name thereto by like order.
N0ia~y Public .....
PART I
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
Project Information (To be completed by Applicant or Project sponsor) ~CT .~ 19 ;
1. Applicant/sponsor [ 2. Project Name
William and Anne Chudiak
Lot line change (Wanat
3. Project location:
Municipality Mattituck Cou.~ Suffolk
4 Is pro se(] action:
~)°New [] Expansion [] Modification/alteration
5. Describe project briefly:
Lot line change. Parcel is to be added to adjacent land on the East
owned by Joseph P. Wanat and Eleanor Wanat.
6 Precise location (road intersections, prominent landmarks, etc. or provide map)
West of Cox Neck Road, Mattituck, New York
7. Amount of land affected: Less than one (1) acre
Initially acres Ultimately acres
8 Will proposed action comply with existing zoning or other existing land use restrictions,' [] Yes [] No If No. describe briefly
To be added to existing lot
9. What is p~esent land use in vicinity of project,'
[] Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other
Describe:
10. Does acriD, involve a permit/approval, or funding, now or ultimately, frown any other governmental agency (Federal. state or iocal)f
[] Yes [] No If yes. list agency(s) and permiUa~provals
11 Does any aspect of the action have a currently valid permit or approval,'
[] Yes ~:] No If yes. list agency name and permit/approval type
12 As resuJt of proposed action will existing permit/approval require modification.'
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/,ponsor name: Willi%~ and Anne Chud~a~
Date: 9/~ ~'/85
If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II
Environmental ~!~$$ment (To be completed by Agency)
Does action exceed any Type I threshold in 6 NYCRR, Part 617.12~ If yes, coordinate the review process and use the FULULONG FORM EAF.
C. Could action result in AIrY adverse effects o~. to, o~ arising from the following: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or sroundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, poteetial for erosion,
drainage or flooding problems~ Explain briefly:
C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or eedange~ed speciest Explain briefly..
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources~ Explain briefly.
C5. Crowth, subsequent development, or related activities likely to be induced by the proposed actiont Explain briefly.
C6. Secondary, cumulative, or other effects Rot identified in C1-C61 Explain briefly.
C7. A change in use of either quantity or type of energy? Exldain briefly.
PART III Determination of Significance (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring;
(c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting
materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified
and adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on
attachments as necessary, the reasons supportng this determination:
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