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APPEALS BOARD MEMBERS
James Dinizio. Jr
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
.
Mailin~ Address:
Southold Town Hall
53095 Main Road' P.O. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex /First Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
http://southoldtown.northfork.net;;0 (R~~'1D r,'. ct:J<\..V'"'
ZONING BOARD OF APPEALS '1
TOWN OF SOUTHOLD JAN 9 aJ08
Tel. (631) 765-1809' Fax (631) 765-9064 ~?J-"{"
foUfhold Town Cler.
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 20, 2007
ZB File # 6092 - CHARLES S. WITCZAK CTM 84-5-4.2
Property Location: 26170 CR 48 (a/k/a North Road) and 500 Bridge Lane, Cutchogue
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 further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred to the
Suffolk County Department of Planning as required under the Suffolk County
Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of
Planning issued its reply dated October 31, 2007 stating that this application is
considered a matter for local determination as there appears to be no significant county-
wide or inter-community impact.
PROPERTY FACTS/DESCRIPTION: The applicant's 142,667.41 sq. ft. conforming
parcel in the AC District with 142.14 feet along the North Road (a/k/a Middle Road,
C.R. 48) and 426.03 feet along Bridge Lane, and 121.13 feet along the roadway arc. The
property is improved with a frame barn and sheds, as shown on the Clustered Minor
Subdivision Map of Lot 2, prepared for the Estate of Bertha Pawluczyk prepared by
Nathan Taft Corwin III, Land Surveyor March 13, 2003.
BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the
Building Inspector's September 11, 2007 Notice of Disapproval concerning a building
permit application for a proposed single-family dwelling on this lot containing 142,667
square feet. The reasons stated for disapproving the building permit application is
that the minimum lot size is 80,000 square feet per use, and the allowable size would be
160,000 square feet for two uses on this property. The Building Inspector stated that
the lot, for yield calculations, measures 102,667 square feet, and the proposed new
dwelling is in addition to an existing working farm with existing farm buildings, and
therefore, two uses are not permitted.
Page 2 - December 20, 2007 _
ZB File No. 6092 - Charles S. Wi~
CTM No. 84-5-4.2
.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on November 15,
2007 and December 20, 2007, 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:
AREA VARIANCE RELIEF REQUESTED: The applicant is proposing to construct a
single-family dwelling, which is a use permitted in this Agricultural Conservation Zone
District. This lot is farmed currently and is improved with a barn and sheds, shown as
Lot 2 in the Clustered Minor Subdivision with an area of 142,667 square feet. Under
the June 13, 2006 Declaration of Covenants and Restrictions for the current subdivision
of 4.193 acres into two parcels, Lot 2 equals 142,667 square feet which includes 40,000
square feet of cluster open space allocated from Lot 1, and Lot 1 contains 40,000 square
feet as a clustered lot.
The applicant is only asking for one single-family dwelling and a garage, while the land
is farmed for growing and raising of crops. The new dwelling and garage as proposed
are shown on the map prepared by Nathan Taft Corwin III dated March 13, 2003,
revised August 30, 2007.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law &267-b(3)(b)(3)(l).
undesirable change in the character
properties.
Grant of the variance will not produce an
of the neighborhood or a detriment to nearby
The property is conforming with its present size, and described in the Declaration of
Covenants and Restrictions dated June 13, 2006. The 142,667 square foot size of this
Lot 2, which includes 40,000 clustered and 102,667 square feet remaining, will allow
one single-family dwelling and related accessory buildings, while the current operations
for raising and growing of crops, or working farm, continues. The property is zoned
Agricultural-Conservation, which authorizes a residential use, and the proposed
residence and accessory uses will have little or no impact on the neighboring
agricultural and residential used properties.
The Building Inspector's Notice of Disapproval indicates that 160,000 square feet is
required for both a single-family dwelling (proposed) and the existing working farm as
two uses on this 102,667 square foot parcel, after deducting 40,000 square feet of open
space for Lot 1 in this Cluster Subdivision.
Page 3 - December 20, 2007 .
ZB File No. 6092 - Charles S. Wit.
CTM No. 84-5-4.2
.
The area for siting of a dwelling for the applicant's new home is large enough so it will
more than conform to the code's setbacks and other provisions, and conforming to the
neighborhood, which consists of farms, and residential areas on lots of approximately
one acre, and lots to the south which are improved with farm buildings and residences.
2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved
by some method, feasible for the applicant to pursue, other than an area variance. The
Board recommends that the present code for the Agricultural-Conservation Zone
District should be modified to allow both a residence and a working farm as a second
use for similar parcel sizes. There is no alternative for the applicants under the current
code except to request a variance.
3. Town Law &267-b(3)(b)(3)' The variance requested herein is not substantial.
4. Town Law &267-b(3)(b)(5). The difficulty has not been self-created. The applicants'
request is reasonable based upon the existing agricultural and residential uses in the
adjacent neighborhoods, and is a result of the strict standards within the zoning code
prOVISIOns.
5. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a
variance in this residential community will have an adverse impact on the physical or
environmental conditions in the neighborhood.
Grant of the relief requested is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of his property, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying
the balancing test under New York Town Law 267-B, motion was offered by Member
Goehringer, seconded by Member Oliva, and duly carried, to
GRANT, as applied for, and shown on the map prepared by Nathan Taft Corwin
III, Land Surveyor dated March 13, 2003 updated August 30, 2007.
Any deviation from the variance given such as extensions, or demolitions which are not
shown on the applicant's diagrams or survey site maps, are not authorized under this
application when involving nonconformities under the zoning code. This action does not
authorize or condone any current or future use, setback or other feature of the subject
property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
Page 4 - December 20, 2007 .
ZB File No. 6092 - Charles S. WitS
CTM No. 84.5.4.2
.
The Board reserves the right to substitute a similar design that is de minimis in nature
for an alteration that does not increase the degree of nonconformity.
Vote of the ~oard: Ayes: Member~ Dinizi~.(Chairffi:an), \])iva, Goehill,.. ger, apd Simon.
Member WeIsman was absent. ThIs Re~oli.1tlOn_ was~r: (~d r--
/ GERARD P. GOEHRINGEI( CHAIR~N
V Approved for Filing 01/04/2008
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FORM NO.3
NOTICE OF DISAPPROVAL
SEP 2 8 ,10lli
b(> 97--
DATE: September 11, 2007
To: Architecnologies for
Witczak/Paw1aczyk
PO Box 93
Mattituck, NY 11952
Please take notice that your application dated September 5, 2007
For construction of single family dwelling at
Location of property: 26170 CR 48, Cutchogue, NY
County Tax Map No.1 000 - Section 84 Block 5 Lot 4.2
Is returned herewith and disapproved on the following grounds:
The proposed construction. on this conforming lot. in the AC District is not permitted
pursuant to Article XXIII. Section 280-14 which states:
"No building or premises shall be used & no building or part thereof shall be erected or
altered in the AC. R80... Districts unless the same conforms to the Bulk Schedule
incorporated into this chapter with the same force and effect as if such regulations were
set forth herein full."
1
.
Such lots shall be required to meet the following:
Minimum lot size is 80 000 S Ft. er use. Allowable size would be 160 000 s . ft.
This lot for . eld calculations measure 02 s..
As indicated on the survey. the proposed new we mg is in addition to an existing
working farm with existing farm buildings. Therefore. two uses are not permitted on this
propertv.
~ {]J/ 00
f Authorized Signature
SURVEY OF
LOT 2
CLUSTERED MINOR SUBDIVISION MAP
PREPARED FOR
THE ESTATE OF BERTHA PAWLUCZYK
FILE No. 11527 FILED JUNE 1, 2007
SITUATED AT
PECONIC
TOWN OF SOUTH OLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-84-05-4.2
SCALE 1-=60'
t.lARCH 13, 2003
AUGUST 30, 2007 ADDED PROPOSE!) HOUSE
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N.Y.S. Uc. No. 50467
Nathan Taft Corwin III
Land Surveyor
1Jt'" SIIIYel"I - SlJbdi\IisIoM _ Sf!.> Plan. - ConWtlctiM ta)t<>ut
PHOME(431)727-21190 Fax(6Jl)7271727
Off/CES~1EVM
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Rivelhoad.HewYork11901
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27 49
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APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Fee: $_ .'iled By:
For Office Use Only
Date Assigned/Assignment No.
1'7-
Office Notes:
House No. Street nQlm{; 1-1+0[;.
SCTM 1000 SectionE!LBlock125Lot(s) J; .J
Hamlet v.JTeJ-Inf-rVG
Lot Size 14,J,hf, 7 4,1 Zone I) - C- .
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED Cj -II - 07 BASED ON MAP DATED Cf-S--07
. CG3i)
13'(.("(~/c" CCLC92<.,o't<lO
(lLJ Tt" J-IfJ&t);:: -
Applicant(s)/Owner(s): f1/rvJl'/p,<; S. LiJ r If'_?",) k.J
MailingAddress: /50no ,0P-JrY''TH J--RDEJ
Telephone: . ~1 II /1 "\
-
Fax#:
Email:
NOTE: In addition to the above, please complete below if application is signed by applkant's attorney, agent, archit<<t, builder, contract
vendee, etc. and name of person who agent represents:
Name of Representative: (k,-lJlt-:;>-?)dt (,nL\)\a(~
for ( ('?Owner, or ( ) Other:
Agent's Address: 9,0. ,0ox <;J?J: N'A-TTIT ncq.;, ~ ,y UC:;1~a-_
Telephone /;26([;- 1/!19 Fax#: ,lq!?-//,-lJ? Email:arr:L~r1J7/"Yfes~.GfJtU
Please check box to specify who you wish correspondence to be mailed to,from the above names:
o Applicant/Owner(s), or ~Authorized Representative, or 0 Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 8.30 07 and DENIED
AN APPLICATION DATED C; -"-07 FOR:
"Muilding Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
oOther:
Provision ofthe Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
ArticleX)( \I \ Section 280- \ 11 Subsection
Type of Appeal. An Appeal is made for:
)l'PA Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access required by New York Town Law-Section 280-A.
o Interpretation of the Town Code, Article Section
o Reversal or Other
A prior appeal 0 has ,;ahas not been made at anv time with ..snect to this propertv. UNDER Appeal
No. _Year . (Please be sure to research before completing this question or call our office for
assistance.)
"
'Name of Owner:
.
ZBA.'
SEP 'l 8 2007
REASONS FOR APPEAL (additional sheets mav be used with DreDarer's sirmature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
iHe 'PROPC6e-J:> I~ uTI/. 1?G5/D6DCE It:> plZ-Oposep
TO 8E &17V/1Tl?l/ t()ITH/J...) Tf-Ie 'REQOI/lE'J;> r-!20t.YJ
Y~~D 6e;-rbfJC-/t:S fl-uD UjILL /,)07 cJ.RBIJTE /?1.J /}J)(Jeesc- Cl,;!!:~':iHtrb
(2) The benefit sought by the applicant CANNOT be achieved by some method feas{Me for the .
applicant to pursue, other than an area variance, because:
Wb LOT (j.(jRf?elJi1--Y ffllS 11 PRflfl/bl;> 88121..) 6u/,Lp//..J6-
5D 8rrE.
(3) The amount of relief requested is not substantial because:
#C5DbE IS '0/7019-T(31:;; tQ/'TH/1.J i-l-le f?eQOIRej)
f!en2:/K!J1"b '
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
fllZoj7tJ5bj) 'l--ftvsE /6 86T /b1l{3k 60' OFF <!8f21DSG
c/AJ6:.,
(5) Has the alleged difficulty been self-created?peS, or ()No.
Are there Covenants and Restrictions concerning this land: ;B>No. 0 Yes (olease furnish coov).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)
AI
Sig ture of Appellant or Authorize gent
(Agent must submit written Authorization from Owner)
PATRICIA RICHERT
Notary Public. State of New YOlk
No.3u-4741154
Qualified. in Nas~au I ~Co~ti7
CommIssion ExPIres TO') I tJ
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DECLARATION OF COVENANTS AND RESTRICTIONS
~ b{)q}
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DECLARATION, made thelJ!bdaY of June, 2006, by IRENE STULSKY, as Surviving
Executrix under the Last Will and Testament of Bertha pawluczyk deceased; Suffolk County
8/6/02 Letters Testamentary issued 10/9/02 (1866 P 2002), residing at 760 Seawood Drive,
SouthoId, New York 11971, referred to as the Declarant.
WHEREAS, the Declarant is the owner of certain real property situate at 26170 County
Roa~ 48, Peconic, Town of South old, County of Suffolk and State of New York, more
particularly bounded and described as set forth in Schedule "A" annexed hereto, and
WHEREAS, the Declarant has made application to the Planning Board of the Town of
Southold for approval to subdivide a 4. I 93 acre parcel into two lots under its cluster provision a
district where the minimum lot size is 80,000. sq. ft.: a) Lot 1, a clustered lot, contains 40,000.
sq. ft., and b) Lot 2 equals 142,667 ~ sq. ft. which includes 40,000 cluster open space allocated
from Lot 1, as shown on a subdivision map entitled, "Cluster Minor Subdivision Map prepared
for The Estate of Bertha Pawluczyk", prepared by Joseph A. lngegno, Land Surveyor, dated
March 13,2003, last revised June 7, 2005, and
WHEREAS, in consideration of the granting of subdivision approval, the Planning Board
of the Town of South old has deemed it to be in the best interests of the Town of South old and the
oWIler and prospective owners of said lots that Lot 2 on said map, acknowledge that the
subdivision was based upon its cluster subdivision provisions, and as a condition of said
approval, the Planning Board has required that the within Declaration be recorded in the Suffolk
County Clerk's Office;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarant, for the pwposes of carrying out the intentions above expressed, does
hereby covenant and agree that the said premises herein described shall hereafter be subject to
the following covenant which shall run with the land and shall be binding upon all purchasers
..'
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and holders of said premises, their heirs, executors. legal representatives, distributees, successors
and assigns, to wit;
I. DECLARANT acknowledges cluster open space, equal to 40,000 square feet has been
allocated from Lot I and added to Lot 2 in order to allow Lot I to be 40,000 square feet in size
rather than the required 80,000 square foot minimum lot size. The Declarant agrees that the
cluster area of 40,OQ9 be excluded from any future yield calculations applied to Lot 2.
__~__"____'_'M'"___""'_'_"_'__ -- _n__ __....~
2. By this Declaration, future residents of the lots which comprise the subdivision are
advised that the lots may be subject to the noise, dust and odors normally associated with
agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town
Code.
3. No changes shall be made to any of the lot lines on the approved and filed subdivision
map without approval by the Southold Town Planning Board.
4. These covenants and restrictions are enforceable by the Town of Southold and can be
modified only at the request of the then owner of the lot with the approval ofa majority plus one
of the Planning Board of the Town of Southold, subject to a public hearing.
5. This covenant and restriction shall run with the land in perpetuity.
IN WITNESS WHEREOF, the Declarant above named has executed the foregoing
Declaration the day and year first above written.
~j)~A~J~
E STULSKY, as S . g Executrix of
TheE&areofBerthaPawmc~k.deceased
ST ATE OF NEW YORK:
:SS.:
COUNTY OF SUFFOLK:
-.
t
On June V? . in the year 2006, before me, the undersigned, a Notary Public in and for said State,
personally appeared Irene Stulsky, personally known to me or proved to me on the basis of
satisfactory evidence that she executed the same in her capacity and that by her signature on the
instrument, the individual, or the person 0 tily upon behalf of which the individual acted,
executed the instrument.
re:C& Rpbnftpws
No
DONNA ~ III
NoWY publlc. etate 01 NIW~
No.- 01MC4B51~_
QuaIl!Ild III 8u11olk ....y...s
commla8lon ExPlree Aug. '8, 2008
,
e
SCHEDULE A
ALL that certain plot, piece or parcel of land situate at Peconlc, in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows: .
BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the
extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle
Road (North Road) (C. R. 4B); .
RUNNING THENa; along the southerly side of Middle Road (North Road) (c. R. 48) the following two (2) cdurses
and distances: .
1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet;
2. Easterly along the arc of a curve bearing to the rlght having a radius of 7699.44 feet a distance of
278.67 feet to land now or formerly of Lee;
RUNNING Tl'tENCE along said "ands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or
formerly'<>f Gandla; ..
RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West, 379.74 feet to the easterly
side of Bridge Lane;
RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances:
1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet;
2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius Qf 60.00
feet a distance of 121.13 feet to the'southerly side of Middle Road (North Road) (C. R. 48) at the point or place of
BEGINNING. .
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/Southoldl
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
PERMIT NO.
pc. ?f47
,20_
,20_
Examined
Approved
Disapproved ale
Expiration
,20
Phone:2.!l '6" 1 12 ~
~
C"'-'
I ,. U~ r, re' [I W ~ "
I beD,; DEPT
TQ..\Yti.QE2"UTHOLD
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date~.
INSTRUCTIONS
s
,20.1YZ
a. This application MUST be completely filled in by typewriter or in ink.and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
. c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy,
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property heve been ena~ted in the interim, the Building Inspector m8Y authorize, in writing, the extension of the permit for an
addition six months, Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, anCl other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
~'o, (bOx <iSj Na-l:t)hJ('~
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
.e:s'" x\ J.
Name of owner of premises C--\l(:< ,k s S IA') nr ? ~ 1-< ), fJau.i,act&l.J./
(As on the tax roll or late deed) \j .
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
I. Location ofland on which proposed work will be done:. /
"D 1<-1 vc.;.~ t-/J-D[; . (!A JTCHn6-U f/66z:> rnC5l-V
House Number Street amlet
A1HO::lOT"'^M J 3JJ'lIC:U
,.",W 01 ~',\la<W'U'iY>lATO" /,
BlocR ila~I~N~t:1 .0-1 Lot "f, C2 .
. d '\0'. ".,,"M:lf!
Flle_ . s, ' ""'0":: ,,,,;.1bOtvM
County Tax Map No. I 000 Section
Subdivision
&Lf
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy -:PJ2n/-l~T) ,PJ{f1G1LJ /}-I._YD &HE-ViS
b. Intended use and occupancy:FgffJ.-l-FT::> ?:fH<D/f7I-I~ /?Rnp(j:-.p;T:> VF3ltl } J6.. ~~ ,TIt! IP;/ j) ~
I fml7CH~p c2 CIT/<'.- G R-fJ-bt..
3. Nature of work (check which applicable): New Building X Addition Alteration
Repair Removal Demolition' Other Work
4. Estimated Cost cJ.5CjVOO
5. If dwelling, number of dwelling units
If garage, number of cars rZ
(Description)
Fee
(To be paid on filing this application)
Number of dwelling units on each floor
6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Stories
Depth
Rear
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
S '0'" 2S' 0 ~ Depth '7' " ) J I "
8. Dimensions of entire new construction: Front 7 0 Rear ~ " C!!o '2
Height rJ5';" -+1-70 RITY'-cP _Number of Stories 1::2
9. Size oflot: Front L;rJ..t;. ().'7;' Rearr:Zl58 .6~c2t,flO~ePth ,37c:r. 7t;~ y /. 51;; /00.06
10. Date of Purchase
Name of Former Owner
II. Zone or use district in which premises are situated
f) -f! .
12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO_
13. Will lot be re-graded? YES#-NO_ Will excess fill be removed from premises? YES_ NO~
5LXJD 8R.JWE 4J. ~&~ qO~
14. Names of Owner of premisesC/.IIH? Uii'> to/Tez>> kAddress t'./ ,~..4-I(l('.,4 ,p) ~1 Y. Phone No. vi
Name of Architect Fell-I.JIV \C:'o'l A-120 AddressP.{).OOvq~ iYIl-rnTlY'l'Phone No r2,t:;5; ~ //,;2
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _NO P
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.e. PERMITS MAYBE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES_NO J-<:z-
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF .">1 "lc=ui.l
-
!+(.,..l,IF-.9-.? r f!t- (;0' D\ 10('.., being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the A.f.lP.I'lJ- _
~ (Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me thi~
.~ day of D .pk.rr->~ 20-.Ul
'J V"A Q,O ,[Jf (Y)Cvl-1Q('r:k
Notary Public
MICHELLE L MARTOccHIA
NOTARY PUBLIC - STATE OF NEWWIlIC
NO.01MA815Cl&71
QUALIFIED IN SUFFOlK COUN'I't
MY COMMISSION EXPIRES NOV. 27, aJ.I)
^~1'.-k~ GnWIuo
Signature of Applicant ~
~
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
October 31, 2007
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision oflocal determination should not be construed as either an approval or disapproval.
Applicant( s)
Municipal File Number(s)
- Rand
'_ Argent
- Solinger
-- Hamilton
McNulty-Diller
'-I. Kabakov
.,~ Witchzak
_Hinden
" Hume
6085
6086
6087
6089
6090
6091
6092
6096
6097
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/sTheodore R Klein
Senior Planner
TRK:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH fLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(631) 853-5190
TELECOPIER (631) 853-4044
" .
. .
11)
~btf\};
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:
e~~ So \A)1-\-C'5LQ.k>
Date Prepared: &p-l- J.'4 r}.oO 7
I. For Demolition of Existing Bnilding Areas
Please describe areas being removed: J 1/ j
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: 7 5 !..f1" :>'- 7::;J it ..
Dimensions of new second floor: \ 'R .G y \ 9 ~ '"
Dimensions of floor above second level:
Height (from finished ground to top of ridge): J- S J J U
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: J ,--'t' C IIOU,4>Jl <10\-<1" +cJ r12.1 V)
III. Proposed Construction Description (Alterations or Strnctural Changes)
(attach exlra sheet if necessary) . Please describe building areas: \
Number of Floors and General Characteristics BEFORE Alterations: J ';9.. c-:;\'/o 111"1>, \='~~NE"1:>
~~~~~I ~\),~lG~,u~{"'~~7~::;;:o c9- l'AR f-,>A.~C*
Number of Floors and Changes WITH Alterations:
IV, Calculations of building areas and lot coverage (from surv,J\Yor):
EXlstmg square footage ofbmldmgs on your property: :11 10 ~
Proposed increase of building coverage: '?J \ I (;,:L
Square footage of your lot: I 11 1, 6 h ':2. 11 L J;Q . ~ .
Percentage of coverage of your lot by building area: 3. '7 '10 LtJITI-I A..JAIJ) <t./bV,S;:::.
V. Purpose of New Construction: t005TT2J :Y>nl'n)
tJIOr~l.F P,4/--l1 L.Y 'FF?-'IDFD('E
OC. DFh.)
/'%1 hT-tj
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
.. f:UFi- PffRN IAH...JD '"0
Please snbmit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
;,
.,
TOWD of South old
.
.
LWRP CONSISTENCY ASSESSMENT FORM
SEP \J 8 /. 0'17
~9J.- 0'
A, INSTRUCTIONS
L All applicants for permits. including Town of Southold agencies, shall complete this CCAP for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law, This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. · Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
"
2,
Before answering the questions in Section C, the preparer of this fOlm should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Sonthold Local
Waterfront Revitalization Program, A proposed action will be evaluated as to its sigillficant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law,
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions, If an action Camlot be certified as consistent with the L WRP policy
standards and conditions, it shall not be undertaken,
A copy of the LWRP is available in the following places: online at the Town of South old's website
(southoldtown,northfork.net), the Board of Trustees Office, the Platuling Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# In/Jf)
!? L.j - DC; - Jt,;2,
The Application has been submitted to (check appropriate response):
Town Board E Planning Board D Building Dept. D Board of Trustees D
1. Category of Town of South old agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e,g, capital
construction, planning activity, agency regulation, land transaction)
D
o
(b) Financial assistance (e,g, grant, loan, subsidy)
-(Cr--Permlt, approval, license, certdica1.ion:-u-"
- .-.M..-----.-.
Nature and extent of action:
&In'':>Tf''I:c;-\nl-' 0~ \':)Eui
\ '(::J,. ,;...;,'1 IA1'D. ~'iU+-~ F~ "3J\.D'aLUOG
II J IT\-l i'r\ ') Irr'I A-Q. \"..\ IE\'>
c9 - (\ ---\t-R. C~~"J:E...
Location of action:
.
9JR-If){'--,-r-: LADE.
.
r~ :;
'.
Site acreage: 11. ..2 75 at:-
Present land use: f)-t!.. 0rrn~f>.-Id '/fl'-/-I.
o
Present zoning cIassilication:J(t.
harh. J f)~.
~ .
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be pTOvided:
(a) Name of applicant: (Jh()r/.es ,C; t/),f-('pr;;L
(b) Mailing address: 5000 S,i'o(gP /.417{/-
C!-ul-r>...h 1J up) D_Y. J/q,~5.
(c) Telephonenumber:AreaCodet;;~) 63,2- 90RJ_
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes fi2I NoD
If yes, which state or federal agency?1/bPT. OF +If .DLTIf ,'S7;J<V/{!.6J.
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community chara~ter,
preserves open space, makes efficient use of infrastrncture, makes heneficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
,BYes D No D Not Applicable
Attach additional sheets if necessary
n-Policy7;1>rofecfanl111t-eserveIHslotiClind arcnaeorogrcal resonrcesonbe 1 owiiOI-soii1liOld. SieLWRP-
Section III - Policies Pages 3 through 6 for evaluation criteria
-----_.~---
~ Yes 0 No 0 Not Applicable
Attach' additional sheets if necessary
.
.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
p Yes D No D Not Applicable
" .
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP
Section III - Policies Pages 8 through 16 for evaluation criteria
DYes D No ~ Not Applicable
ra('IYU-LQVI Jv.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of South old. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
DYes D No [BNot Applicable
P\'fllra ~
11'>",11
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Sigllii"~a':Itc:oastaIFisha~'V:i1dlife_I!!l_bitats_a_~~wetla_n<ls:_~ee I~WRI' SectillnIII- Policiesi.f~g~s 22
through 32 for evalu ation criteria.
DYes DNo[tjNotAppllcabie
I-'Mtnddj\Ai'1"
i
.
.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Towu of Southold. See LWRP Section III _ Policies
Pages 32 through 34 for evaluation criteria.
DYes D No [8 Not Applicable
Vf18 1 t1 le
NJ! ~A/ (,-L~
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Towu of Southold from solid waste and hazardous
substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
~ Xes D No D Not Applicable
~~~~
~,poe1i: $ 3~
. I> j~ C)'\A"l . L1'\\'Q.
,l}o ~ ~-f' +nM hJ1MA
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, pnblic lands, and public
resources of tile Town of Southold. See L WRP Section III - Policies; Pages 38 throngh 46 for evaluation
criteria.
o YesD No~ Not Applicable
~~Q~
XA\(\.('l. L, d
bY\.- &~N\l.lOI1J_
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See L WRP Sectiou III - Policies; Pages 47 through S6 for evaluation criteria.
-tt]'Yes EJ-N()EJ~ot Ap-plicable
~G-.h
IDdl
t"J1IL.-
~
1. i . I
.
.
"
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters, See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
DYes 0 No [t3 Not Applicable
?vtJ\,p ~
fA koC1\ ~:J t5V\.. JruMA ~_
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town' of Southold. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
jg Yes 0 No 0 Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy aud mineral resources. See LWRP
Section III - Policies; Pages 65 throngh 68 for evaluation criteria.
DYes 0 No ~ Not Applicable
~CUIVUL~A
-
p~ 10.. t\'().U Daiowo ~.A-.
9-;2 S - daJr-
Created on 5/25/05 11:20 AM
. '.
.
.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPUCATION
l} t)q, 11
tv lD
A. Is the subject premises listed on the real estate market for sale?
DYes ~o
B. Are there any proposals to change or alter land contours?
)l"No DYes, please explain on attached sheet.
C. I) Are there areas that contain sand or wetland grasses? I\J 0
2) Are these areas shown on the map submitted with this application? D ;.Ar.
3) Is the property bulkheaded between the wetlands area and the upland building area?
\VIA-.
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ~Please confirm status of your
inquiry or application with the Trustees: 101 A. .
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? 11.)/ 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? ll.. liP. . (Please show area of these
structures on a diagram if any exist. Or state "none" on he above line, If applicable.)
F. Do you have any construction taking place at this time concerning your premises? II.) 0
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? ves _ If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel ~12I+\I1~l> VA-tfH)T J?/tI2JJ l' '2-.+leDS.
and proposed use 3(H-lE \.01.\-\ 0\PG>\.Fo ~A\..\\L\j J)\OELUlWb.
(examples: existing: single-family; proposed: same with garage or pool, or other description.) -I
\4~P""7 j I ,C). (<>Jt)lo~\\U
Authoriz Signature and Date
2/05; 1/07
Office Location:
.
.
USPS Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
PO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
January 7, 2008
Architecnologies
Attn: Agnieszka Golding
P.O. Box 93
Mattituck, NY 11952
Re: File No. 6092 - Application of Charles Witczak
Dear Mrs. Golding:
Enclosed please find a copy of the Zoning Board of Appeals determination
rendered on December 20, 2007.
Please be sure to follow-up with the Building Department for the next step in the
zoning review and building permit application process. You may want to furnish a
supplemental copy of the enclosed (at the time of submitting additional documentation
that may be necessary from the Building Department.
Thank you.
Very truly yours,
Linda Kowalski
Encl.
Copy of Decision 1/4/08 to:
Building Department
Planning Board
Abigail A. Wickham, Esq.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED:
October 2, 2007
RE:
Zoning Appeal No.
6092
Transmitted herewith is Zoning Appeals No. 6092 of Charles S. Witczak- the Application to
the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project
Description, Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure
Form, Authorization Letter for Frank Notaro/ Agnieszka Golding to file on the owners behalf,
L WRP Consistency Assessment Form, Short Enivronmental Assessment Form, Notice of
Disapproval, Town of Southold Property Record Card, Survey, (4) color photographs of the
property, Preliminary I,t Floor Plan, Preliminary Storage Room Plan, Preliminary Building
Elevations and Preliminary Building Elevations.
I
.
.
ARCH
-
ITECNOLOGIES
jEP i 8 (OO?
h09Z-
ARCHITBCIlJRE PLANNING CONS'IRUCTION SERVICES
13405MainRoad.MaUituck, NewYml: 119.52
631.298.1129 fax: 631.298.1128
September 4. 2007
I, Charles S. Witczak residing at 5000 Bridqe Lane. Cutchoque. N.Y
do herby authorize Frank Notaro (architect) and/or Aqnieszka Goldinq (agent) to apply for
permit(s) from any state or local agencies in my behalf for property located at:
Bridge Lane, Cutchogue, N.Y.
au~ 114-L
(owner's signature)
.
.
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, NOVEMBER 15, 2007
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY. NOVEMBER 15. 2007:
11:25 A.M. CHARLES S. WITCZAK #6092. Request for a Variance under Section 280-14, based
on the Building Inspector's September 11, 2007 Notice of Disapproval concerning a proposed
single-family dwelling which is allowed on a lot size of 160,000 square feet, and this lot after
yield calculations measures 102,667 square feet. The proposed dwelling use is in addition to
an existing working farm with existing farm building uses, and therefore, two (principal) uses
are not permitted. Location of Property: 26170 C.R. 48 (a/kla North Road) and 5000 Bridge
Lane, Cutchogue; CTM 84-5-4.2.
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 and prior to the day of the hearing. If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: October 12, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address)
P.O. Box 1179
Southold, NY 11971"()959
#8628 ~
STATE OF NEW YORt
)SS:
COUNTY OF SUFFOLK)
y
.
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once a week for -1- week(s), successively, commencing on the
6th day of December. 2007.
K ;!~
~ Principal Clerk
Sworn to before me this
~
day of
(J{J~/ )
2007
CJryyufh;tLIJJJJtj ~
CHRISTINA YOLlNSKI
NOTARY PUBlIC-STATE OF NEW YORK
No :J1 .Y061 05050
Quoll1ier! 'n Suffolk County
~om;;i;~J""r-, ;::),~m{}S February 28, 2008
,'.. .."._,..~-~.. .,,---,--~~-,~>~..-,.._-,-_.-
~_...,...-.. "'--'---""~"'-""""'-"-~-'~"""""""'''''''''"
/!
LEG.AL NonCE
sol.i1)l~ TOWN
ZONING BOARD OF APPEALS
THIJRSDAll';DECEMJI.ER 20, 2007
PVIIUC HEARINGS
NOTICE IS HEREBY GIVEN,pur.
suant to Section 267 of the Town Law
and Chapter 280 (Zoning), Code of the
ToWn of South old; thtdollowing Rublic
hearings will be held by the SOUlH-
OLD TOwN ZONING BOARD OF
APPEALS at the Town' HaH, 53095
Main Road, P.O. Box 1179, Southold,
New York 1197l-0959~ onTffiJRSDAY
DECEMBER: 20 2007:
9,30 A.M. END OF Tl1E ROAD,
LLC #6013. Request for . Variances
under SectiQDS 280-49 and 280~78B-I,
based on the Building Inspector's No-
vember 19, 2007 amended Notice' of
Disapproval concerning pr,opOsedcon-
stri.lction of two buildings _(with retail,
office and ~ank space in this B.GenetaI
BuSin~s Zone District The r~sons for
disappr~ving 'the. building' pennit ,ap.
plicati()n -~:(1)' oneaf the: two build~
ings_ ~ :00. ,l~s than. 2S fee~. from the
.'h"-'~-"--_'''''-_' ~
property line, after demolition of
lSting buildings, and (2) the: 'accessory
parking area is located in an R"40 Resi-
dential Zone District, which the code
states is permitted upon approval of the
Board of Appeals under Section 280-78~
B-1. The existing buildings are proposed
to be demolished. Location of Property:
11500/11600/11700 Main Road (NYS
Route ,25) and John's (private) Road,
Mattituck; CfMI22-3-1.2,2,5.1 and 17.
,10,00 A.M. .BREWERS YACHT
YA~p>#6102~ Requestfor Varian~~ un~
de:rSections :28O-151.tIld28O~116~ based -
on,lhe )3:ui1din"g-~~~~:septe~ber
24,2007:NoticeofDisapproval concern-
ing a"proposed' accessory pavilion-struc-
ture at an am~ndedheight which will
-exceed the code liInitation of 22 feet as
per ,amend~4 plan <lad in a location at
less thiill'75 feet to the bulkhead, at 500
Beach Road, Greenport; CfM,43-3-2.
ZQ~, District: Marine-II.
11),10 A.M. PATRICIA DAWSON
#(PO~. E,eqllesr:for Variances under
~ se'Cclp , 1141 and 280-116B, based
. '-xJnspector's October U,
"~\~I, ,,_ ,','" ,', _?i.-pisapP!ovat coilcem-
,)}ng::prQPosed,,~-t:luih _additio.Qsand al-
. _:~ati~s to~e'e~ting dwelling, which
:':co~s~():n:',~'~~ tlJap 75 feet from
.: ,::j~~~eB4Ao,~ ~than~O feet on a
-:h~~~~ "sitf~ _pid~ 'LoCation of Property:
;,2~>IQ~i~",:J'Il~_ L.lDe,- Peconic; also
':Jg:apwn:-as',~~:[~'on the Map of High
:H~W~':!;lM86-7.7.2.
"l~i\:MJ~!NZ and BRIGITTA
~~"-~~f;~~uesi: for"Variances
r_;lind~i~~#~#f~l24,based on the
-'.Buildip.g~' fDs~T~S September 21,
2Q07:Notic:e'o(1)jsapproval concernirig
~~built ad~ti~~) . and alterations _ to
tile 'exis~g,siJ)~t;~_!.m1ily dwelling with
.a_s~gIesi~_:Y~d~~ac~_atlesstha]llS
feet ~(t'fe~r~~a"af;1e$J"thaJ1S0feet
at.S6JO cpecoIjie:.:ijaY',llOtllevar!f,Laurel;
CI'M 128-2'10. "., ..'
10'50 A.M. PHILLIP & lENNIFEJl,
STANTON #5948 (PH10/18.carryover
for additiontil information) regarding
proposal to reloca~ ab~ . with . pro~
posed additions, and proposedaltera-
tion for use as- a'n a~sory. building
with owner's private gamerobm, adding
bathroom facilities an4a-fireplace.at
522 Town Creek Lane, South'old;.CIM
64-1.14.7
U,OO A.M; KENNETII G. SCHEU-
BLEIN #6079 :(PHl/)/18cilrryover'jor
additional in[orma,tion) t~garding a
proposed accessory: garage and shed-_ ~
an area othei"thanthecode~required
rear yard, atl05 WestCre'ekAvenue
(also Pequash A~enlle and -Cnd Pasture
Roa~), Cutch.lI""~,!63-13:;lO,I.
WI} P.M. Cl;lARtE.s. >Vr<CZAI;;#
~7PH-l1/{?::c~QVerfor'4liditkm-
al,ptfbnnatiarlJeganiiIlg'a~ioposed .
dwelliI.tg and:exiSt~barns,attb.esouth"
east',corner()f'~~48'and~:~tictge_
,J,.ane,Cu"'bi>gu~~~5,4i '.,.,.. ~..
i;rOPM.:OlJ(lROEa!uiEFSTRA,
TIA SAMARAS~~3,~."..I.t
Variances under 'sectiOns', 2~:122 and
280-244, b_<tsedontheBuilding-ln~pec-
tor's~Ootober'26,f.Of17Notice of Disap.
proval concenringra .proposed second-
story.additioQ. to they~sting dwelling,
which' new constniction will increase
the degree' of nonconformance when
located less than 35 feet from the rear
propetty line. Location of Property:
2100 Naugles Drive, Mattituck; CIM
99.5.25.
1,20 P.M. ANNE STI:;PNOSKI
, #6104. Request' for Variancesund~r
Sections 280-122 and 280"124, based on
the. Building Inspec~or's September 27,
2007 Notice of Disapproval and Zoning
Interpretation #5039, (Walz) concern~
ing a proposed second.story addition
and alterations to, the existing dwelling,
which will be an increase in the degree
of nonconformity when the rear yard
and front yard :oetbacks. are less than
35 feeL Also proposed are additions at
less than the code required 35 feet rear
setbackand front setback (new noncon-
foimities) underthe code requirements.
Location of Property: 1025 Cedar Road,
Southold; CIM 78-7"35.
,,40 P.M. SOUTHOLD PARK
DISTRICf #6105. Request for' a Vari-
ance under' Sectjon28Q..14i based on
the Building Inspector's November 9,
2Jl07 amended. Notice of Disapproval
concernmg proposed additioris and al-
terations to an existing building at less
than thecode~requiredminimum of6O
feet from the _ front lot line. Location
of Property: '5345 South Harbor Road,
Southola; CI'M 87-1-18.1.
I:SO PM. KINGA P.CRARY #610K
Request foi Variances under sections
2sO-6~~~2~~d '~n th;;~~;';~~
ing Inspector's 000124,2007 Notice
~f Dis<lpprovaI concerning proposei:l
additions and ,alterations t()an existing
accessory building for use as the own- .
er'sstudio/workshop. The Building In-
spector states that the following are not
permitted under the Zoning Code for
a~essory buildings: (1) habitable space
as shoWn in: the propOsed lay-Outof the
accessory buildmg,' (2) setbacks from
the side and rear lot line~. at less than
t~re~ tel'lt, and (3) propl)sed dormers
'exceedWg'4(}% :of~the roof-width.",Lo-
~tion .of,P(()pe!,ty:355 Skippers Line,
Orient;crM 24-2-L'
2:10P.M: ..'IHOMAS . and. MARY
lREN~ MARgON #6110. Request for
Variances under Sections 28O-124B and
280-124, based on an application for a
buildingpeimit . and the Building In-
specUlr's 'S~p:teIllber27 ': 2007 Notice of
p~pprQval,;?onceming a proposed ad-
dition;,~Wl;';,l;:~g dwelling as living
',;al:!;~~1~~~-.~j::llfage area; applied for
'1U1~~A-4157'17"2005), which addition
as~~~~l'e lessthanl-ess thanlS
ieet:':~l~~e:~de yard, at 3125 Wells
Av~.oe;S.llth0Ilj; CI'M70-4-IO.
2;:lO.P.M..F~CIS 1. COUTTS
, " by G, Hall~n~ck
This is an' application
concerning a 16,599
erged-8:s a s,ingle. par-
Building'Inspector's
Septem Notice ofDisapprov~
al, under,<"",,280-1-lA to unmerge
10,007 sq~~"f#t(crM 142-1.3.2 va-
cant larid)(of'~ purpose of building
a future d",~~~~_and' 6~92 square feet
(CI'M 142-1'~.,~'WiIh a dwelling). Loca.
tion -of Pro~,10650 Sound. Avenue
atcornerof~A~~~k.
2,40' PM;:~(.lfiIAN[;l$l'>l~TX
.... INe. #6100',~tion oN';<>p<!#'36660'
:Route. '25,'~ogu~'.',~'-'i'97-3~:B
(formerly 97~3~3):Reqti~stJorVarianc~
es under-Sections 28O-42Aand 28(};43A
& C, based on the Buildinglnspector's
, NovemberHi,"2007ameooed' Notice
of Disapproval,' concer~g,:a proposed
contractor's yard. and three principal
bi.tildingsQil this 63.338 ,squa~ foot lo~.
The Building Inspector stateli that:
(l)purSU:aiit--,totheBulk- Schedule,
one use per, 80,000 squaie feet is al"
lowed' in the Limited' Business(LB)
Zone, and tbe, proposed. oonstructlc;:m
(three bQil9ings) is not perniitted ona
lot containing -less than 240,000 square
feet, for the reason thattbe proposed
three buildings constitute three distinct
uses; and
(2) proposed Building,#l:.is_Dot pe~-
initted with lin~ar frQntage;,e~din~
'60 feet;. ..' -'r
(3) proposed Building-#1,'jsho!per-
:'mittedat less than 100:fee-t-~ma right-
.'of~wayof NYS Route 25~
(4) ~iopo,sedBuilding#2>~sn~,per-
':::,_rb.ittt}d"~"1es$__.,th_an 75feet:fr<l~ a rear
prope~:~;:and , .
'(~Jpropo~d Building. #3, iS~t per~
mitted at.less tban 20'.feet from a side.
lot line. _,_ .,.".,
The -Board of Appeats willhear-8Ji
persons, or their' repres~Jtta~'-desir~
ing to be heard at each heari,ng'w:ldlo~
desiring to submit . writteri:~~ta~:tpents
before the conclusion of.'ea,gb ..hear~
ing. Each hearing will not start earlier
. than designated above. Files are avail-
able for review during regular busi-
ness hours and prior to the day of the
hearing; 'If you, have questions, please
do Dot hesitate to. contact our. office _
at (631) 765-1809, or by email: Linda.
Kowalski@Town.Soutbold.ny.us.
Dated: November 26, 2007.
ZONING BOARD OF APPEALS
1AMESDINIZIO,JR"CHA~N
By_ Linda Kowalski
54375 Main Road (Office Loca~ion)
53095 Main Road (Mailing Address)
, P.O. Box 1179
Southold,NY 11971-0959
8628_1T 12/6
( _ ).j,cJ. f)l~ '.' \' ~~\.
~lJ'1^.!.j.., f1'(stI'Y"t 1l1- ) \\,\~ \\1'
I - L Ie #8575 ~ ,m
C :;/1<;' ~)
r STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
.
Karen Kine of Mattituck, in said county, being duly sworn, says that
he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at Mattituck, in the Town of Southold, County of Suffolk and State of
New York, and that the Notice of which the annexed is a printed copy, has been
regularly published in said Newspaper once each week for -L-week(s),
successively, commencing on the 1 st day of November, 2007,
J( ~ 4"pa, c,,,.
6 day of IL'fJ V
ChI"S-hu ~u
CHRISTINA VOllNSKI
NOTARY PUBLIC .STATE OF NEW YORK
No ;)1 "1061 05050
QuOI~,!f)d \i~! Suffolk County
Commission hoirell. fIl",l;)tI.U:HV 28, 2008
Sworn to before me this
2007
LJ<.;GAL Nun.,.;J<.,
SOUlHOLD TOWN ZONING
BOARD OF APPEALS
TIlURSDAY, NOVEMBER 15,2007
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law
and Chapter 280 (Zoning), Code of the
Town of Southold, the following public
hearings will be held by the SOUTH-
OLD TOWN ZONING BOARD OF
APPEALS at the Town Hall, 53095
Main Road, P.o. Box 1179, Southold,
New York 11971-0959, on THl fRSDAY
NOVEMBER 15 2007-
9:30 A.M. ROY W. ARGENT and
LINDA ARGENT (LIFE ESTATE
ELLSWORTH BAYLIS JR) #6086. Re-
quest for Variances under Sections 280-
122 and 280-1168, based on the Building
Inspector's September 10,2007 Notice of
Disapproval concerning a proposed new
dwelling. After substantial demolition of
the existing building, the new construc-
tion will be less than 35 feet from the
rear lot line, less than 10 feet on a single
side yard, less than 25 feet total side yard
setbacks, and less than 75 feet from the
bulkhead, at 6429 Indian Neck Lane, Pe-
conic; CTM 86-6-23.
9,45 A.M. LAURA SOLINGER
#6087. Request for a Variance under
Zoning Code Sections 280-15 (A and
B), based on the Building Inspector's
March 14, 2007 Notice of Disapproval
concerning a proposed accessory garage
which will be less than 10 feet from the
side property line. The Building Inspec-
tor also notes that his determination has
not been updated regarding the current
accessory building code, as amended,
concerning the height of the garage ex-
ceeding 18 feet. Location of Property:
13459 Oregon Road, Cutchogue; CTM
83-2-10.12.
10:05 A.M. NORTH FORK GREEK
COMMUNITY ASSOCIATION #6088.
Request for a Variance under Section
I 280~13, based on the Building Inspector's
, August 17,2007 Notice of Disapproval
'I concerning proposed additions and al-
, terations to the existing church building
which will be less than 60 feet from the
front lot line, at 1950 Breakwater Road,
Mattituck; CTM 106-9-6.1.
10:25 A.M. KENNETH A. and EV-
ELYNN R HAMILTON #6089. Re-
I quest for Variances under Sections 280-
15 and 280-124, based on the Building
Inspector's September 10, 2007 Notice
of Disapproval concerning an as-built
(without permit) deck addition at less
than 35 feet from the rear lot line and
which new construction will create a side
, yard location for a portion of the acces-
sory garage (garage is entirely in a rear
yard). Location of Property: 145 Orchard
Road, Southold; CIM 66-2-26.
10:40 A.M. EDNA McNULTY (and
JOHN C. DILLER and HOLLY M.
DILLER) #6090. Request for a Vari-
ance under Zoning Code Section 280-IS,
based on the Building Inspector's July
26, 2007 Notice of Disapproval which
states that the Bulk Schedule requires a
minimum lot size of 40,000 square feet,
and the proposed lot line change will
create more conformity by increasing
the size of CIM Parcel 1000-145-02-1.4
from 22,151 square feet to 22,936 square
feet, and will create more nonconfor-
mity by reducing the size of CIM Parcel
1000-145-02-1.5 from 20,877 square feet
to 20,093 square feet. Both properties
are nonconforming in lot size in the R-40
Low-Density Residential Zone District,
located at 160 and 240 Great Peconic
Bay Boulevard, Laurel.
11:00 A.M. ILYA and EMILIA KA-
BAKOV #6091. Request for a Variance
under Section 280-15 (B and F), based
on the Building Inspector's June 19,
2007 Notice of Disapproval concerning
proposed additions (as-built and new)
to the existing accessory (storage/ga-
rage) building, which is not permitted at
a height exceeding 22 feet in height and
less than 25 feet from the side property
line. Location of Property: 1700 ParkAv-
enue, Mattituck; CTM 123-8-5.
1125 AM. CHARLES S. WITCZAK
#6092. Request for a Variance under
Section 280-14, based on the Building
Inspector's September 11, 2007 Notice
of Disapproval concerning a proposed
single-family dwelling which is allowed
on a lot size of 160,000 square feet, and
this lot after yield calculations measures
102,667 square feet. The proposed dwell~
iog use is in addition to an existing work-
ing farm with existing farm building
uses, and therefore, two (principal) uses
are not permitted. Location of Property:
26170 c.R. 48 (alk/a North Road) and
5000 Bridge Lane, Cutchogue; CTM 84-
5-4.2.
1:00 P.M. CELESTE SHEVLIN and
PATRICIA BOOKE #6093. Request for
a Variance under Section 280-124, based
on the Building Inspector's amended
October 16, 2007 Notice of Disapproval
concerning a proposed addition with
alterations to the existing single-family
dwelling, which new construction will be
less than 40 feet from the front property
line, at 1020 Vanston Road, Cutchogue;
CTM 104-12-11.
1:10 P.M. JON S. RAND #6085. Re-
quest for a Variance under Section 280-
15, based on the Building Inspector's
August 20, 2007 Notice of Disapproval
concerning an as-built (without permit)
accessory shed and accessory deck ad-
dition in a location set back at less than
five feet from the lot line, at 2975 Cedar
Beach Road, Southold; CIM 91-1-2.
1:25 P.M. PERI HOFFER HINDEN
#6096. Request for a Variance under
Sections 280-14 and 280-122, based
on the Building Inspector's October
11, 2007 Amended Notice of Disap-
proval and Zoning Interpretation ZBA
#5039 (Walz) concerning proposed ad-
ditions and alterations to the existing
single-family dwelling. A front porch is
proposed at less than 50 feet from the
front lot line, and the second-story ad-
dition will be an increase in the degree
of nonconformance when located less
than 50 feet from the front lot line. Loca-
tion of Property: 1255 ~rcldiff Drive,
Mattituck;CI]('107-6-1B: ~ ---
1;50 P.M. DANIEL HUME #6097.
Request for a Variance under Section
280-14, based on the Building Inspector's
October 1, 2007 Notice of Disapproval
concerning a third-story to a single-fam-
ily dwelling (under construction and
subject to Building Permit #33295-Z).
The Building Inspector notes that the
proposed construction shown on plans
submitted September 19, 2007 reflect a
third-story instead of 2.5 stories, at 14216
Oregon Road, CUlchogue: CTM 72-2-5.
2:15 P.M. BRIAN and MERRY RE-
TUS #6094. Request for a V<lriance
under Section 280-1l6A(I), based on
the Building Inspector's September 28,
2007 Notice of Disapproval concerning
a proposed second-story deck addition
to the dwelling, which new construction
will be less than 100 feet from the top
of the bluff or bank of the Long Island
Sound, at 235 Sound view Road, Orient:
CTM 15-3-4.
The Board of Appeals will hear all
persons, or their representatives. desir-
ing to be heard at each hearing, andlor
desiring to submit written statements
before the conclusion of each hearing.
Each hearing will not start earlier than
designated above. Files arc available for
review during regular business hours and
prior to the day of the hearing. If you
have questions, please do not hesitate to
contact our office at (631) 765-1809, OJ
by email: Linda.Kowalski@Town.South-
old.ny.us.
Dated: October 19, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address)
PO. Box 117Y
Southold, NY 11971-0959
8575~1T JIll
4.2.
'l006-<6~-S-~ I
/(0 ~1)1~
TOWN OF SOUTHOLD PROPERTY RECORD CARD
ACR.
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OWNER
STREET 2&7 ( 70
Cj(
VILLAGE
DIST.
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TYPE OF BLD.
t:3-e-r
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PROP. CLASS
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LAND
DATE
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FRONTAGE ON ROAD
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DEPTH
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TOTAL 710 (
COLOR
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CB
FULL
Extension Basement CRAWL Floors Kit
SLAB
Extension Ex\. Walls Interior Finish LR.
Extension Fire Place Heat D.R.
Patio Wood stove BR.
Porch Dormer Fin. B.
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Breezeway Rooms 1st Floor
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'ROl'tIlTiES. NOTICE Q COUNTY OF SUFFOLK @ K on on ""~ SOUTHOLO
DISTRICTS, E
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DISTRIBUTION OF ANY PMTlllN OF THE .. COl.J'ltyCenter Rlverhead,NY 11901 ""' ,", ,", "'..~
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PROPERTY MAP
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COUNTY OF SUFFOLK QD K on OH '"'"~ SOUTHOLD
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------)(
In the Matter of the Application of
CI~...c"" S", Wl\C.~
(Name of Applicants)
CTM Parcel # I 000- "0 Lf - 5 - "-t, 2-
-----------------------------------------------------)(
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, I~? ^..heL ""~N residing at f 3>'1 O~- ..vi ~ I9..l ~
/l1YrTl~ .. New York, being duly sworn, depose and say tluit:
On the 2-4''' day o1Oc~ .. Z-007 , I personally mailed at the United States
Post Office in "y .o\r"T.............c... .. New Y orlc, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to
current owners shown on the current assessment roll verified from the official records on file
with thetA-Assessors, or ( ) CounlY Real Property Office , for every
property which abuts and is across a public or priv~:,e street, or vehicular right-of-way of record,
surrounding the applicant's property. '
~~~
(Signature)
Sworn to before me this I sir 1
dayof~,200
~
BABETTE CORNINE
Notary Public, State Of New York
No. 01 C05792800
Qualified In Suffolk County .\
Commission Expires ~ 3~ .:ltJlu
(Notary Public)
PLEASE list, on the back of tlus Affidavit or on a sheet of paper the lot numbers next to the
owner names and addresses for which notices were mailed. Thank you.
.
.
,
84-5-4.1
Bertha Paw1uczyk
Rfd
5000 Bridge Ln.
P.O.Box 142
Cutchogue, N.Y. 11935
84-5-31
84-5-3.2
Fredrick & Karen A. Lee
25180 CR 48
Peconic, N.Y. 11958
84-5-5
August & Christopher Gandia
P.O.Box 45
Cutchogue, N.Y. 11935
84-4-10 .1
Dr. Herodotus Damianos
591 A Bicycle Path
Port Jefferson Station, N.Y. 11776
84-2-2.3
Thomas & Agnes Shalvey
P.O.Box 911
Cutchogue, N.Y. 11935
84-2-2.2
Kenneth Richert & Danielle Callahan
25705 CR 48
Cutchogue, N.Y. 11935
.
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· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number
(TranSferfromss'Vlcelabel) 7005 3110 0000 0995 8044
PS Form 3811, February 2004 Domestic Return Receipt
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so that we can return the card to you.
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1. Article Addressed to:
PriA"'IA~-r } CI-kZ.'l> allNl:>IA
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ZONING BOARD OF APPEALS
TOWN OF SOlITHOLD: NEW YORK
--.---------------------.----.-------.---------------lC
III the Matter of the Application of
(!\-t{lll-.I.e.::> S, 0!TC-z...,A-.L.
(Name of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- BL( - ~ - 4. 'Z--
--------------------------.--------------------------)(
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
.--
I, r:€1l,
JA A..-Tn n......, "-
,
N'~0G1J residing at ,'""1,40.5 ~N ~
, New York, being duly sworn, depose and say that:
On the-=:1Lday of()c:.h,\.."r , 0 7 ,I personally placed the Town's official
Poster, with the date of hearing and nature of my application noted therron, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)-
facing the street or facing each street or right-of-way entrance; * and that
[ hereby confinn that the Poster has remained in place for seven days prior to tl.!at cL1te of
the subject hearing date, which hearing date was shown to be lvoJ I,~ 7-c.7<Y7
/:
--
--
r/~
(Signature)
~om to bef<\re me ~!lls
(' day of NoJe""" vK ,2001
'.,
(Not Public) J \)OROSKI
IlONN1E, Of New Yo~
lIolalY pubO\9~.3~~~utlOI~ County
No 01006 " ',l,2Jl h ~
*nellf the entf_f\lt1_~siIr'8""'Y enmmc~Qfmy-prDperty,asthe areamos( v~&ible (0 passersby,
.
.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 9/28/07
ZBA# NAME CHECK # AMOUNT TC DATE STAMP
$150.00 ~~-1oLBA.
6093 NOTARO, Frank 1704 -f\J'A. ~ loll
1,r;.LI
6092 Witczak, Charles S. 984 $400.00 OCT - 1 2007
Southold Town ele
TOTAL $550.00
k
By_
Thank you.
T~CTIONAL DISCLOSURE FORM .
APPLICABLE T~OWNER, CONTRACT VENDEE AND AGENT:
~).J
tb ~ IotIJ
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
GoU~ ~-~k,
(Last name, first name, . Ie im , unless you are applymg m 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.)
Variance
Special Exception
* Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
*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. including a
arInershi in which the Town officer or em 10 ee has even a artial ownershi of or
cm 10 ment b a co oration in which the Town officer or em 10 ee owns more than 5% f the
.share, . UO_uo
YES NO ~
,
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant, agent or contract vendee) and the
To,," officer or employee. Either check the appropriate line A through D (below) and/or
describe the relationship in the space provided.
The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-cOrporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee ofthe applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
:~:'"~:;'~'Y~f~~?
Print Name: ~t'>^; It ,
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