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HomeMy WebLinkAbout6185 APPEALS BOARD MEMBERS~ Gerard P. Goehringer. Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Mailing 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 Tel. (631) 765-1809 · Fax (631) 765-9064 ~ 3 i 3(0 3 2008 MEETING HELD AUGUST 21, 2008 South61d" - Clerk ZBA # 6185 - WILLIAM LUTKOWSKI, APPLICANT CTM 77-2-25 PROPERTY LOCATION: 595 Pine Avenue and Birch Avenue, Southold PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 18,262 square foot parcel in the R40 District, measuring 192.23 ft. along Pine Avenue to the east, 119.75 feet to the south, 107.68 feet to the west, and 119.22 feet along Birch Avenue to the north. The property is improved with a single family dwelling, as shown on the November 29, 2005 survey prepared by Peconic Surveyors, P.C, L.S. BASIS OF APPLICATION: Request for Variances under Section 280-124 (Bulk Schedule), based on the Building Inspector's April 18, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolition of the existing dwelling), proposed with front yard setbacks at less than 35 feet. RELIEF REQUESTED: The applicant seeks a variance to allow construction of dwelling (following demolition of the existing building) with a set back at 19.3 feet measured between the proposed handicap ramp with landing and the front lot line adjacent to Pine Avenue at its closest point, and 24.3 feet from the proposed garage, as shown on the May 25, 2008 site plan prepared by MCH Design Services. ADDITIONAL INFORMATION: The existing house was constructed in 1946 on a corner lot in accordance with a covenant and restriction requiring that a house on a corner lot be set back 20 feet from the street. FINDINGS OF FACT REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: Page 2- August 21, 2008 ZBA # 6185 - Wilham J. Lutkowski CTM 77-2-25 1. Town Law §267-b(3)(b)(3)(1). Grant of a front yard setback variance will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. The proposed construction will not be inconsistent with other houses in the neighborhood, which are similarly placed on their lots. 2. Town Law §267-b(3)(b)(2). The benefit of a house to replace the existing cottage cannot be achieved by means not requiring a variance. The property is a corner not and the house will have two front yards. The applicant plans to build a handicap ramp. Given that need, any other placement on the lot would require a variance in one of the other setbacks. 3. Town Law §267-b(3)(b)(3). The proposed variance is substantial (45%) with respect to the code. It is not substantial with respect to pre-existing covenants and restrictions which allow a 20 ft. setback for corner lots in that neighborhood, amounting to 3.5%. Relative to those restrictions, the non-conforming parts of the house will be a handicap ramp with landing will extend 0.7 feet. 4. Town Law §267-b(3)(b)(5). The need for a setback variance was created when the applicant decided to demolish and replace a 920 square foot house on a corner lot. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law Section 267b(3). Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling, 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 Simon, seconded by Member Oliva, and duly carried, to GRANT the variances as applied for, as shown on Site Plan S-1 dated July 29, 2008 and Elevation Diagrams A-l, A-2, A-3 dated May 25, 2008, prepared by MCH Design Services. Any deviation from the variance given such as extensions, or demolitions which arc 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. 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 Page 3- August 21, 2008 ZBA # 6185 - William J. Lutkowski CTM 77-2-25 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. 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 Board: Ayes: Members ~(Chairman), Oliva, Simon, and Weisman. (Member Dinizio was absent.) Th' du ted 4-0). / Gera~. Goehringer, Chairma~n //~/J~ /2008 ~.A-t~roved for Filing / TO: William Lutkowski 595 Pine Ave. Southold, NY 11971 FORM NO. 3 TOWN OF SOUTHOLD BUILD1NG DEPARTMENT NOTICE OF DISAPPROVAL DATE: April 18, 2008 Please take notice that your application dated April 10, 2008 For a permit for demolition & construction of a single family dwelling at Location of property: 595 Pine Avenue, Southold County Tax Map No. 1000 - Section 77 Block 2 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling on a non-conforming 18,262 sq. fi. parcel, is not permitted pursuant to ArticleXXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000 shall have a minimum front yard setback of 35'. The construction indicates a front yard setback of 19.3'. / Authorized Signature MAP LEGEND N.T.S. DRY WELLS: TOTAL ROOF AREA: 3530.6 SQ. FT. AT IO0%WATER RUNOFF: 5~q.6 CU. FT. PROVIDE: ('~) 8' DIA. X '~' DEEP DRYWELLS [PER CODE] TOTAL CAPACITY: 676.0 CU. FT. NOTE: DRYWELL CAPACITY IS DESIGNED TO EXCEED CODE REQUIREMI N 70°40'34'' W 11M.756' M P. H PROPOSED a.c:PI4ALT --~ --~ _. COVERED ~.~,~, , ~ ~ PROPOSED ExIsTING BLDG UTILITY~ POLE / SITE PLAN SCTM# 1000-77-02-25 J SCALE: I"" I0' LO~ATION: Af2F.,~; LOT COVEt~AGIE: PROPEt~T¥ 1~,2~2 ec~. Ft. I~.1% BOAED OF APPEALS DRAWN BY: MH )uly 29, 2008 ~CALE: 1" = 40' SHEET NO: TEST HOLE SEPT.24,~,O01 BY McDONALD GEO$CIENCE AREA-18,262 SO. FT. SURVEY OF PROPERTY A T SOUTHOLD TO NfN OF SOUTHOLD SUFFOLK COUNTY, .N. Y. $CAI~.. 1'--80' NOVEMBER 29. 2005 BOARD OP APPEALS · =MONUMENT · =PIPE ELEVA 170NS REFERENCED TO AN ASSUMED DATUM. ANY ALTERATION OR ADDllT~'V TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT 'AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THI.~ MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRE~D SEAL OF THE SURVEYOR WHOSE ~IGNA TURE APPEARS HEREON. LOT NUMBERS REFER TO "MAP OF GOOSE BAY ESTATES" FILED IN THE SUFFOLK COUNTY CLERK'S OFF/CE ON NOVEMBER 15, 1954 AS MAP NO. 1176. /FYECONIC SOR~-YO~ P 0 BOX 909 ' ~ M ~1~ H I NORTH ELEVATION D[][]~ D Z q ~ ~0~o '~" ~ ~ s~: ~/~,,: ~,-o,, WEST ELEVATION ~,~ I ~ SHEET NO: . iLO,, ~CALE: I/4" MA~ 2 8 BOARB OF APP~AkS ~ ~ H www. rnc desi nse ices.corn )hone, ' (631) 298-2250 e-mall; michael@mchdesignservices.com I_ LLI r-O SOUTH ELEVATION sc~,~: 1~4" I'-o" ~ 2:; = r-T.l ~ J~ · 0~°.o , ~] FINAL MAP REVIEWED BY ZBA DA?£D May 25, 2008 EAST ELEVATION SCA~.E: ~/,~": ~'-o" 5~,4LE: 1/4" - I'-0" ' ~o~u?~,. SHEET NO: , ~,BOA~D OFAPP~ALS T 2B' x DECK } } II i OP£N ~ ~ COVERED PORCH 1ST FLOOR PLAN ~C~,LE: I/4" = 1LO" '"z~4~/cPS"- BOARD OF APPEALS I ~,~1t %IP~I M II H phone: (631) 298-2250 e-mail: michael@mchdesignser~ices.com DRAWN BY: IViH May 25, 2008 SCALE: 1/4"= 1'-0" SHEET NO: ¢,. N 70°40'34" W 11Cl.756' <o~,> /~ ~~ M I; H Desrgn Services mlchael@mchdeslgnservlces.com i~. ,,¥r~ - - - DRAWN BY: MH ~ . t C,,OVERA~E; ~ Hay25,2008 Fee: $ ~) Filed By: DateAssigned/Assignment No. OmceNotes: ~A~ 2 R ~ ~/,~/~ HouseNo. ~ S~eet ~/~ ~ Hamlet ~~ ~.~AJ ~ SCTM 1000 Section 77 moch Z Lot s) Lot Size /c~ ~.~Z ~---~'-~-----~Zone I (WE) APPE~/T~O]~ ~ITTEN DETERMINATION OF 1]HE B~JILI~0 INSPECTOR Applicant(s)/Owner(s): ~/L L / ~ ~ Z ~ ~g~ ] NOTE: In addition to the above~ please complete I~ow if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of peraofl who agent represents: Name of Representative: for( )Owner, or ( )Other: Agent's Address: Telephone Fax #: Email: Ple~as~ check box to specify who you wish correspondence to be mailed to, from the above names: /g~Applicant/Owner(s), or [] Authorized Representative, or [3 Other Name/Address below: // WHEREBY THE BUILDING INSPECTOR REVIEW'ED MAP DATED ~/~b/O8 and DENIED AN APPLICATION DATED '~/?/~ g FOR: -' / ~i~Building Permit/ · ·[] Certificate of Occupancy [] Pre-Certificate of Occupancy {3 Change of Use [] Permit for As-Built Construction DOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~){ll I Section 280- i 7. ~L Subsection Type of_A~ppeal. An Appeal is made 1hr: ~ii~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. ~3 Interpretation of the Town Code, Article Section [] Reversal or Other .~~~~A prior appeal J3(has, {3 has not been made at any ti~e with respect to this property~ UNDER Appeal No. fOgl Year Z~c~. . (Please be sure to research before completing this question or call our office for assistance.) Name of Own er: REASONS FOR APPEAL (additional sheets maF be used with preparer's sign AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACT[ detriment to nearby properties if granted, because: File # R of the neighborhood or a i BOARD OF APPEALS (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: [] No. es (t~lease furnish coovI. 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 c~o, nsult youl~ttorney, ob ~ignature of ~s/pl~if~nt or .~uthorized Agent (Agent must su~oMt written Authorization from Owner) Owner: William J Lutkowski ZBA lie# ~-~ ...... ...... AREA VARIANCE REASONS: ~t::/_.~ ~ 0.D I BOARD OF (1) An undesirable change will not be produced in the Chalracter ofth~ neighborhood or a detriment to nearby properties if granted, because: The proposed new single family farmhouse style home will conform to the homes in the neighborhood. The following are pictures of new and renovated homes in the community. The number on each picture corresponds to the house location on the map of the community following this section. I feel that my proposed home will conform to and fit right into the neighborhood. (2) The benefit sought by the applicant Cannot be achieved by method feasible for the applicant to pursue, other than an area variance, because: Much time, effort, and cost was spent to design this proposed house meeting our needs with the least impact to the surrounding area. Although this is a comer piece of property (having two front yards) we were able to satisfy Three (3) of the Four (4) the current Building Code setback requirements. The house is situated on the sloping land to best meet our elderly needs. The only setback out of compliance is on Pine Ave. The handicap ramps with landings isl4 ft. 7in. outside the building envelope, and the garage is 10 ff. 7 in. These setbacks do not meet the current Building Code requirements; however they are well inside the Building envelope of the covenant on the property dated September 1934. All efforts were made to situate the back of the house yard on an area with the least grade. The front of the house was set back on the property an additional 20 feet from Birch Ave, to accomplish this. Any changes to the garage location would impose on the integrity of the architectural design of the house. It would also impact the already decreased size of the back of the house yard. (3) The Amount of relief requested is not substantial because: Total construction outside of the living area and Building Envelope consists of 442 sq. ft. for the handicap ramp with access landings, and 260 sq. ft. of garage area. This non inhabitable construction only accounts for 3.8 % of the lot coverage. JUL 2 3 ~08 BOARD OF APPEALS - TRANSMITTAL WITHOUT COVER LETTER DELIVERED ~/9'-D/200 TO ZBA OFFICE FROM: RE: /cj/ BOARB OP APPE'ALS 2ND FLOOR PLAN ~0 SHEET NO. May 27,2008 Dear Members of the Zoning Board of Appeals, I am asking you to grant a favorable decision and wave the current 35 foot set back requirement in only one of my two front yards. All setbacks are satisfied except for a portion of my handicap ramp with landings, and a portion of my garage on my comer piece of property. Even though these non inhabitable areas are outside of the current Building Code Envelope they are within the plane of the existing structure boundaries on Pine Ave. Enclosed with this variance request is a copy of the deed when my father purchased the property in 1946. On page #2 item /t4 of the deed it stipulates that comer plots requires only a 20 foot setback whereas other plots require 35 feet. They must have realized it was a hardship to own a comer lot back then and it still holds today not only with construction, but the situations of everyday life from general upkeep to snow removal. Our existing house has been in place for 60 years with a 24 foot setback on Pine Ave. and 33 feet on Birch Ave. I have been part of this community for 60 years, and hope to enjoy the rest of my days in the proposed home. We spent much time to design this structure to not only meet our aging needs but also conform with other homes in the neighborhood. Thank you for your consideration. Sincerely, William Lutkowski BOARD OF TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 ~vww. northfork.net/Southold/ Examined ,20 Approved ,20__ Disapproved a~c ,/0E Expiration ,20 PERMIT NO. 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: Building Inspector APPLICATION FOR BUILDING PERMIT / Date INSTRUCTIONS ,20 Of a. This apphcation 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 have been enacted in the interim, the Building Inspector may authorize, in writing, thc extension of the pe.-xnit 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, and 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 auth°rized inspect°rs °n premises and in building f°r necessary inspecti°ns' "///'/f/?~'/(S~ 'gn '~i~P ' - ~' rp 'n) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) 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. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section 577 Subdivision (Name) Hamlet Block ~. r ."-. Lot 2..5' t Filed Map No. '? Lot State existing use and occupancy of premises and intended use and occupa, ncy of proposed construction: a. Existing use and occupancy .~} ~/~ ' ~ ~1 ~/.- ~ b. Intended use and occupancy /g&-t.d Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~.Of Rear ~ 0 Depth Height '2. ~ Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. 8. Dimensions of entire new construction: Front Height Number of Stories 9. Sizeoflot: Fron~t~-'~'''' ~tff~¢~'~t// Rear 10. Date of Purchase /9 ~Z~, Name of Former Owner 11. Zone or use district in which premises are situated Rear Number of Stories Rear Z/~ Depth _Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES VNO__ 13. Will lot be re-graded? YES X//NO Will excess fill be removed from premises? YES __ 14. Names of Owner of premises Name of Architect Name of Contractor NO Addresspbbbte- ~tza~g ~'P'Phone No. "L/5 ~9~'- 7ZlY Address '//:~'/t~ Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __NO . * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES __ NO ~ * 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) COUNTY o~D ~d-z0~ .//6]t/.~.,/~.'/ ~. /.~b{ ~"~'~0¢~'~/ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the O~ ~",~-- (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 tree 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. Sw/rgl, Io before me this dayof Nota~blic 200g MELANIE DORO8KI NOTARY PUBLI6, State o~ No 01D04634870 Qualified in Suflotk County -- · CommissionF-xpires September30, 'DJ~ | ~j~fiafl~i:e of AplSlicant DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 /~ONi~DI~RE_C~TOR OF PLANNING / 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 of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 C arley 6171 Higgins 6 172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6l 88 Avdoulous 6189 Very truly yours, Thomas Isles, AiCP Director of Planning TRK:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY S/sTheodore R. Klein Senior Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5191 TELECOPIER (631) 853-4044 Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ,.7'7. ~- aT",/C0~t/._5'/~tt Date Prepared: o I. For Demolition of Existing Building Areas Please describe areas being removed: 7'"t"/E: BOAaD Or- II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): ~, ~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach cxtra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: Z /--t-oo ~ 5 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~19' O ~'O. ~'~. Proposed increase of building coverage: / q"'/{.,. ! Square footage of your lot: /~. 2./,~ ~'o.: ,cT.. Percentage of coverage of your lot by bffilding area: V. Purpose of New Construction: 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): Please submit 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 QUESTIONN.4JRE FOR FILING ~VI'I'H YOUR Z.B.A. APPLICATIOI' Is the subject premises listed on the real estate market for sale? [] Yes .~No Are there any proposals to change or alter land contours? /~No © Yes, please at~ached sheet. explain on 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the~,p~erty bulkheaded between the wetlands area and the upland build'lng area? 4) If youfproperty contains wetlands or pond areas, have you cgntacted the office of the To'~qn Trustees for its determination of jurisdiction? taf//~q-, Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or slopir}~ elevation near the area of proposed construction at or below five feet above mean sea level? ', ~'$ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? .,A49 (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? /./5 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? ~'e~.~' the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel and proposed use 5"~ ~}Le (~xamples: existing: s~gle-family; proposed: s~e with garage or pool, or other description.) ~uthorized~re and Date / 2/05; 1/07 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August .~{, 2008 Mr. William d. Lutkowski 83-30 Penelope Avenue Middle Village, NY 11379 Re: ZBA # 6185 - Application by William d. Lutkowski (Variances) Dear Mr. Lutkowski: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the August J, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski APPEALS BOARD MEMBER~ Gerard la. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 30, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6185 Action Requested: Within 500 feet of: Owner/Applicant: LUTKOWSKI Setback (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 2, 2008 Zoning Appeal No. 6185 Transmitted herewith is Zoning Appeals No. 6185 of William Lutkowski- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Area Variance Reasons, Applicant's Project Description, Letter to the Zoning Board of Appeals from William Lutkowski, Questionnaire, Transactional Disclosure Form, Copy of Application for Building Permit with Disapproval Dated 4/18/08, Copy of Notice of Disapproval, Copy of Deed Dated 4/19/1946, 9 Photos of Other Homes, Map Showing Plotting of the Other Homes, 1 Page (2 Sided) of Property Record Card, Survey of Property Dated November 29, 2005 Prepared by Peconic Surveyors, P.C., 4 Page of Plans Showing Site Plan with Existing Building to be Removed & Proposed 2 Story Farm House, Elevations & Floor Plans. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/30/08 * * * RECEIPT * * * Receipt//: 20533 Transaction(s): 1 1 Application Fees Reference Subtotal 6185 $400.00 Check#: 1343 Total Paid: $400.00 Name: Lutkowski, William J 595 Pine Avenue Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6185 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/30/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6185 Lutkowski, William 1343 $400.00 M~.¥ 3 0 2008 $C uthoId Town (~l~:,l, $400.O0 By__ Thank ou. APP-'- .~TRANSACTIONAL DISCLOSURE FOal~ btU~E TO OWNER, CONTRACT VENDEis~4D AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on file part of Tovm 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. (Last name, first name, middle initial, unless you are applying in the name of Someo~~-~ else or other entity, such as a company. If so, indicate the other person or cmnpany 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 Sot thokt9 .... blood marria e or business interest." ' - Relationshi "includes b,~ ~p, in which the Town otticer or em ' ' em l~nt b ~~neans a business includin a ~shares. a~n in whicq~ tl~nwn oflqccr or en~Bl~lo2~ee owns re?re than 5% ._he YES~_ NO If you answered "Yt;'5"; complete the bala~tce of this' fornt and date and Ml,,n Where indicated Name of person employed by the Town of Southold: Title or position of that person: ~~_~,~bSC2~~t2. Desc~be that relationship between yourself (the applicant, agent or contract vendee) and the Toga officer or employee. Either check the appropriate line A through D (below) ancot describe the relationship in the space pro;qded. The To~ officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the o~er of~eater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ~ B) the legal or beneficial o~er of any interest in a non-co¢orate entity (when the applicant is not a co~oration); C) an officer, director, partner, or employee of the applicant: or D) the actual applicant. DESerTION OF ~LATIONSHiP BOARD OF APPEALS Submitted this ,~ day of /~.,~p/ ~.~oJ) Signature:~4./~. ~ Pnnt Na,ne:~~ APPEALS BOARD MEMBERS Gerard E Goehringer. Chairman Ruth D. Oliva James Dinizio. Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road °EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 24~ 2008: 10:00 A.M. WILLIAM LUTKOWSKI #6185. Request for a Variance under Section 280-124 (setback schedule), based on the Building Inspector's April 18, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolition of the existing dwelling), proposed with front yard setback(s) at less than 35 feet. Location of Property: 595 Pine Avenue and Birch Avenue, Southold; CTM 77-2-25. 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: June 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY MNDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #8908 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) 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 each week for 1 week(s), successively, commencing on the 17th. day of July, 2008. Principal Clerk Sworn to before me this day of --//L,<~V_~.z-~ 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Quo!~fled in Suffolk County CFM 37-4-10. 10100 A.M. WILLIAM LUTKOWSKI #6185. Request for a Variance under Sec- tion 280-124 (setback schedule), based on the Building inspector's April 18, 2008 Notice of Disapproval concerning a proposed new dwelling ,after demoll- lion of the existing dwelling), proposed with front yard setbackt s: at less than 35 feet. Location ot Property: 595 Pine Av- enue and Birch Avenue. Southold: CTM 77-2-25. 10.30 A.M. VINCENT and MAU- RI~EN PAPA g6183. Request for a Vari- ance under Section 280 124. based on the Building Inspector's April 21, 2008 Notice of Disapproval concerning an as- built deck addition to the ex, sting single- family dwelling, which ~s less than the code required 50 ft. rear yard setback, at 75 First Street, Laurel; CTM 126-10-9.5. 10'~kq A.M. PINE NECK HOLD- lINGS #6180. Request for a Variance ~mder Section 280416B. oased~on the Building Inspector's May 13. 2008 No- tice of Disapproval concernmg a deck addition to the existing s~ngle-fa~mily dwelling at less than 75 feet from the ex- ming bulkhead, at 1475 Pine Neck Road. Southold: CTM 70-5-40.. 11.00 A.M. GREGORY SCH- WEITZER AND STACEY SCH- WE1TZER g6184. Request for a Vari- ance under Section 280-15. based on the ,B..gilflinl~ Inspector's May 6 2008 Notice 6~f D~bproval concerning a proposed accessory swmammg p~ol in a yard other than the ¢ode-reqmred rear yarn, at 385 Wcndy Drive. Laurel: CTM 127-8-9. 11~15 AM. ARTHUR R. TORELL g 6182. Requests for Variances under Sec- tions 280-18 (Bulk Lot Area Schedule) and 280424 (,%tbaek Schedule), based May 21, 2008 Notice of Disapproval bined side yard setbacks; (3) the lot cov- erage will exceed the code limitation of 20% with a buildable lot size of 13,369 square feet. Location: 955 ,Soundview Avenue Extension, Southold; CTM 50-2-10 and 11. combined as a s~ngle building lot The Board of Appeals wdl hea~ persons, or their representatives, deslr- mg to be heard at each hearing, and/or desiring to submit writte~ statements before the conclusion of each hear- rog. Each hearing will not start earlier than designated above. Files are avag- able for review during regular business hours and prior to tlxe day of the hear- ing. If you have questions' please d~ not hesitate to contact our office at (6311 765-1809, or by email: Linda.Kowalski@ Town. Southold.ny. us. Dated: July 14. 2008. ZONING BOARD OF APPEALS GERARD p. GOEHRINGEP~ CHAIRMAN By LINDA KOWALSKI 54375 Main Road (Office Locat/onl 53095 Main Road (Mniling/USPS) P.O. B~x 1179 ~outhold, NY 119'/1-~J9 8908-1T 7/1,7 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS FIIURSDAY. JULY 24. 2008 PUBLIC HEARING NO~CE IS HEREBY GIVE~, pur- suam to Section 267 of the To,va Law and Town Code Chapter 280 IZoning), Town of Southold, the f~ilowing public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall. 53095 Main Road. EO. Box 1179, Southold. New York 11971-0959 on ~ dULY 24. 200 _8~ 9'.30 A.M.J. and A. MAZUR #6176. Requests for Variances under Section 280-124. based on the Building Inspec- tor's June 27, 2008 amended Nonce of Disapproval concerning a proposed deck addition to dwelling at less tl~n'35 feet from the front lot line and proposed tel coverage exceeding the code limi- tation of 20%. at 3200 Camp Mineol~ Road laod Fay Court), Mattituck: CTM 123-5-36.2. 9:45 A.M. STEIN FAMILy TRUST congenathg: (1) a prog~,ed lot area with a aew non~ordormity of 19,028 square f~t in ~ instead of 21,458 ~qua~e feet, resultlng in the remaining lot W~ich will become ~ore coaforming at 27,196 ~2q~Caare ~et in~ltcad of 24,756 Square fe~t; / ( ~ Pt0po~d single fancily dwe lin at '~ l~s thar~ ~'~t froin the rear lot Location: 365 -We~twoed Lane; CTM 33-2-1t and 33-2-10. D 1~0~ p.M~ GREG and Ai)OURIAN #613L Request fo?Vari- ~ees mlder: (1) Section 280-1~4, and (2~ Section 280-15, both based on the Building Inspector's December 28, 2007 Nofic~ of Disapproval concerning the l~ea~0n of a new dwelling at less than 40 fe~t from the code-required m nimum front yard setback, and for a swimming po~t located in a side yard rather than the ct~/e required front yard or rear yard f0r'thi~ waterfront parcel, located at 695 Pete's Drive at Lon~ Island Sound, Ori- ent; CTM 14-2:23. 1Lt0 l~a~. Reserved Hem~ng (Carry- o~r)~ ~1~'~¥ ~]g~l)~¥ nnd BAR- B~I~&- A, CADWALLADEB #6154. Requests for-Variances under Section 28(I-I24, based on the Building Inspec- tor's January 30. 2008 Notice of Disap- proval conc~"lling a proposed single- f~mily dwelling with one side.yard at less' thall the code reqmred minimum of'10 feet. and with both side setbacks less than the required combined totfi] of 25 feet, and less than 35 feet from the h'ont yard lot line lafter de~lolition of an existing building) at 13000 Ma n Road. Eo~t Marion adjaceht to Gardiners Bay; CTM 31-14-] 1. .~0 p.M. Reserved Heming (Cnr- · yover): EVE SEBER and CARLO ¥OELKER #6156 Requests for Vari- ances under Secnon 280-114, based on the Building Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story ~d~litinn and alterations to the exist- ~ng s'lfigin-family dwelling will nor me¢l th~ code-required minin~um 15 feet on a smgin side yard and will exceed the code limitation of 20 percent for lot cov- erage, Location of Proper~y: 3025 Pine Neck Road adjacent to Jockey Creek. Southold: CTM 70-6-18. 2'.30 P.M. Reserved Hea~ing (Car- ' 280-124 and 280-t 16, based on the Build , . ~°,' n~w~g~uy qWeill~g (vd~h a new mg single-family dweilin~ w~th a n~w f6undati~ aftet de~olitioh'df~ ~xist- front yard seth~ck at less ~a~ the cod~- lng boilding), for the r~asons that: ~ ? F~ es~:~ l~et~(2) ~e mm~um eonst~ctioh will exceed ~e e~e limite- code stendarOs ~der Sections 280-9 aod tion of 20% maximum lot coverage. ~. 2~40 require a m~imum of 15 fee~ on cation: 2535 Ced~ Lane, East M~on; a s~gle side and mi~u~. 35 feet eom- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FOR,,MER OWNER VILLAGE E W DISTRICT SUB. ACREAGE ,, ~.: TYPE OF BUILDING LOT "" ? ? RES. LAND AGE NEW Farm SEAS. IMP. NORMAL Acre VL TOTAL FARM DATE COMM. IND. CB. MISC. j Est. Mkt. Value REMARKS BUILDING CONDITIOF BELOW ABOVE Volue Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD /.,~ ' .; ~ - ' ~ BULKHEAD Tillable Tillable Tillable Wood la nd 1 2 Swampland Brushland House Plat 3 Tara I DOCK ' J ~ Foundation ~ ~ Bath ~xtension Basement /-.., _ ~- Floors ' Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch Roof Type ~ Porch Rooms 1st Floor Breezeway i Patio Rooms 2nd Floor Garage Driveway Dormer O.B. 77-2- / 7 r~ 7 ? -3 -- ?o. ~ --I 23 AVE. J~?~,~'%~,~Rec¢ Properly Tax Service Agency NOTICE ZONING BOARD OF APPEALS TOWN OF 80UTHOLD: NEW YORK h~ the Matter of the Application of (Name of Applicantq) Regarding Posting of Sign upon Applicant's Land Identified as 77' oz-gS' _ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN OS]/NG ~/~/) g£ !./J~/M~'New York, being duly sworn, depose an~l say th~7 On the~--'day of O~o{£"// ._'2--.OOe~i~ I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm tlmt the Poster has remained in place for seven days Nior to tl~;at date of tbe subject bearing date, wlfich bearing date was shown to be ~ t_ y Z~_/ ~' oOOq~ Sworn to before me this /t4 day of,,..Tt4 )K/ ,200~ tar~lic) (Signature) Lorraine LaRosa NNOTARY PUBLIC, State of N~s York o. 01LA6059257 Qualified In Suffolk COurl~/ Commission Expires May *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOW OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel #1000- 77 AFFIDAVIT OF MAJLINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) /q//)/)t~- t~¢/-,4~e- , New York, bging duly s~vom, depose and say that: On the_ ~ ~r~day of 0-tt/- ~,' ,.2.t~0~, I personally mailed at the United States Post Office in~ New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the~Assessors, or ( ) County Real Property Office , for every properly wlfich abuts and is across a public or priv?te street, or vehicular right-of-~vay of record, surrounding the applicant's property. Sworn to before me this '-~ day of,,,J~-Ct 1~,./ ,200 }S otary P b~(c) (Signature) Lo~a ne LaRosa NOTARY PUBLIO~"tateoI~YO~ ,- No. 01LA6059257 Qu~lifiedln Suffolk Countlt ,, Commission Expiree May'29,2{).~t PLEASE list, on the back of this Affidavit or on a sheet of paper the lot llumbers next to the owner names and addresses for which notices were mailed. Thmflc you. & C ~r~ou ! Xot~ T/-,'ocb ~y /! ?7/ · Complete items 1, 2, and 3. Also complete item 4 if Rsotficted Deliver/Is desired. · Print your name and address on the reverse so that we can tatum the card to you. or on the f~ont if apace permlt~. 2. Article Number (Transfer from se~4ce ~ PS Form 3811, February 2004 ~ ZONING BOARD OF APPEALS ~Ce~tlfled Mall [] Expr~s Mall [] Registered [] Return Receipt for Merchandise [] Insured Mall r'l C.O.D. 4. Restricted Del;very? (E,.,cba Fee) [] Yes 7008 0150 0002 7320 · 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 mailpieca, or on the front if space permits. 1. Article Addressed to: B. Received b If YES, enter deliven ] Agent 3. Service Type ~e~ifled Mail Express Mail [] [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from se~lce label) 7008 0150 0002 7320 4285 PS Form 3811, 2004 · Complete items 1, 2, and 3. ~ ~ item 4 ff Restflcted Dellvefl/Is desired. · Pflnt your name and addre~ on the reveme · Attach this can:l to the back of the mallplsoe, D. Is de~ addree~ different from ;1 ffYES, enter daik~er/ 380 D Insu~ M~I ~ C.O.D. ~,~~ 7008 0150 0002 7320 4230 PS Fo~ 381 1, Februa~ 2004 ~ R~m ~pt ~02~9W02-M-I~0 · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee , C. Date of Delivery EYes [] No 2..Nticle Number (Transfer ~orn servl¢e fehel) ~7 00 PS Form 3811, February 2004 [] Express Mail istemd [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Deliver? (Extra Fee) [] yes 7008 0150 0002 7320 4254 Domestic Return Receipt RECEIVED JUL 1 4 2008 ZONING BOARD OF APPEAlt,~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: 2. Article Number (T~,~r ~r, ~i~/~b~) 7'0¢ Signature D. Is delivery If YES, enter daiive~ 3. S ice Type ]~e~rtified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] Yes 7008 0150 0002 7320 4247 · 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 mailpiece, or on the front if space permits. I. Article Addmssed to: & C r ec C'7-. I] Ol 2. A~icle Number ~,l~f~' from service lapel) · ' PS Form 3811, February 2004 i-I Agent y ( Printed Nam~ L c.~ Datez00~of Delivery ,addressditferent f~m item 17 [] Yes If YES, enter delivery address below: [] No ertified Mail [] Express Mail ' [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted DeliveP/? (Extra Fee) [] Yes 7008 0150 0002 7320 4223 Domestic Return Receipt PS Form 3811, February 2004 Domestic Return Receipt 1025954)2-M-1540 0~71 O2 ~J ~N~'1t7~ ~ A L g S ~! J $ $0.42 $2.?0 $2.20 $ $5.s2 $0.42 0971 postage Certified Fee r"l Re urn Receipt Fee (Endorsement Required Res Acted Delivery Fee r~ (Endorsement ReqUired) tn $5.32 ~ Total Postage & Fees m po~age Ceditied Fee ~ Re u n Receipt Fee r'-I (Endorsement Requ red) r-1 Restdc ed Delivery Fee r-'l (EndorSement Required) Total postage & Fees $0.q2 0971 $2,20 .oo ,s.= r--I Re u n Receipt Fee Res dc ed Delivery Fee tn $5.32 r--~ Tota~ Postage & Fees Postage $2.70 (Endorsement Required) $2,20 Total P~mge & F~s 0~71 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME LUTKOWSKI, WILLIAM #6185 MAP # 77-2-25 VARIANCE SETBACK REQUEST New dwelling (after demo) DATE: THURS, JULY 24, 2008,10:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 . IJls llbC t t[ ,. .............. ,~ .~..April ......... , ...... :...~.. .... ................................... '.. ~pcrafion, having its principal pl~c~ ~ b~ ~es~ m ~he VHla~e and Town of 0~ r~u County, and.. Helen Lutkow~W~... ~?~d!ng~ ,.~ at sa. e address. . o{ the second ~,. ............................................................................... - · ~ ~'~ ~ ~~~"' ' ' tha~ ~e party o~ the ~rsl part, in consideration of Ten dollars ($10.00) lawful ?~On~ ot the Unhed States, and o%h~ valuable cons~deratlons, pa~d by the pa~y of ~he second p~t, does hereby ;-. ~rmmd TeIease un~o ~e party o{ ~e ~econd pa~ . .. ~. ~ ~M..: .~. ~ .. ~: ~ ..... ., u .-...:... ~' :~LV%T'.L ~ " ose plot~, p~ec~, or p~ce~ of land s~tu~te, ]~n~ and bein~ in the Town of Southold, Su~oIk County, N~ York, hnown and ~es~natcd ~s ~nd b~ ~e P~ts ~os.~..oo~ .~s~vS., .... on a c~tmn Map e~tkled ~ Goose Ba~ Kst~t~,~ in the Town of Sou~ol~ Suffolk County, New ~ork, said map b~n~ m~e W~ters. ~. S.. o~ O~ster ~ay, ~. I, New ~ork, dated September 1~, 1~34, and filed ~n the o~ce of the th~ Coun~ of Su~olk on th~ 1~ day of November~ 19~4, as and b~ the Map No. 1175~ (Abs~act No. 1197.) TO~TH~R ~ith ~ the right, title and interest of the SeJler o~, in and to ~at por~n of ~e roa~ or ro~ds adjacent to sa~d plots a~ove mentionS, to thc center Hne thereof, sub,oct to the ~ht of ~h~ers of TO~H~R with ~ the ~h~ t~tle ~nd interest of the Seller of, ~n and to that po~on of land l~n~ in front of and adjacent to ~i~ plo~ to ~e mean hish water line of Goos~ Creek, subject to the ~ht of oth~ owners of plots on sa~d Map to p~ss ov~ ~d.use the TO~THE~ with the ~ht to use for all r~a~on~ble pu~oses a~ that por6on o~ Iand lyi~ plots Nos; 53 to 5~, both inclusive, Plots Nos. 168 to 195, both inc]usive~ and Plots Nos. 2~7 to 310, bo~ cluslve, sa~d right to be ~n common wi~ other plot owners on said Map~ or own~s who may her~fter s~ plots 0n said Map, subj~ to such re~sonable rules ~d re~ulations ~ respect to the use thereo~ as the SeH~ her~n ma~ from time to t;me put into e~e~ it be~n~ understood that should owner o~ ow~e~ f~n'~ Goose Creek de,ire to ~rect ~ dock on Sa~d l~d, sa;d o~ner or owners m~ do so provi~n~ sa;~ dock do~ an~ providing proof legal previsions are comptied with, and ~hc con~ent ~ thc ~cl~ hc~in is TOGETHER with a right to the uae of the streets, avenu~ or roads ~hown on said Map~ be ~n common with other plot owners on said Map. ~ECT T~TH~ FOLLOWIHG COVE~ANTg AND R_~gTRICT1ONS. and to any Covenan~ and Restrictions com:alned in former Deeds of Record: -- .... ' -- *' ,-- 1. The Selkr hereby reserves the right to itsel( or i~s zssign~ to make any ~provement on the Streets, Avenues or Roads shown on said Map and to lay and main~ain gas or water mains, and to erect or maintain electric light and ~elephone poles and ~res. 2. The Purchaser shall not erect or permit to be erecxed any building except one de:ached dwelling house {or one family only, and omo garage for private use on ]ess than three contiguous p]o~. 3. ~o pa~ of any house or dwelllng (except steps, cornkes amd the l~ke) built on plots Nos. 53 to both inclusive, and p~ots ~os. 168 to 195, both inclusive, and plozs Nos. 272 to 310, both inclusiye, ~hall be more than . ~. .... feet from ~he rear boun~a~ llne o~ sa?d p!o~, and not less ~han eight feet from the si~e boundary ]~nes o{ said p~ots, excepl in the case of corner plots w~ere no part of ~ building ~ha~ be r.e~er than 20 fe~ , - ~ *~ =- Avenue. a~ ~r:her in the case o~ corner ~lots, any garage built on said premi~ 1. The Seller hereby resel-wes the right to itself or its assigns to ma]~:e any L-r-,prowerrient on %he S%re~s, elect~c light and telephone poles and wires. 2. The purchss~ shah not erst or permit to be erected any buildin~ except one detached dwelling one family only, and one garage for private use on less than t~ee contiguous plo~. ' and ~e l~ke) built on plots Nos. 5~ to house for - · --.. house or dwelling (except ste~,.co~C~_. 2~7 to 310, both inclusive, shall be more 3. No par~ o~ a,.~ .~o to 195 bo~ inclusive, ann pwts ~. - than . ~- .... feet {rom the rear bound~ line o{ ~id plots, and not less than eight feet fr~ the ~ifle boun~ lines o{ s~d plo~, except in ~e case of comer plots wh ere no pa~ of a building sha~ be ne~er than g0 {rom the side bounda~ of an AvenUe, and {urger in the case of corner plots, any garage burr on said presses (unle~ built in co~ec~on ~ the house] shall be 5uilt within ~we feet from the side bounda~ line in.best [rom the Avenue. ~e r~ bound~Y line of these plots shall be cons~ued to be ~e plot llne on Oak Auenue. 4. No pa~ o{ any house or dweBing (except steps, cor~ces, and ~e like) built on zl] plots oth~ than plots facing ~e shore shah be nearer ~ 35 feet from the front bound~ line o{ s~d plots and ten feet from ~e side bo~Y l~e, exce~ ~ ~e cage oi corner plots, where no pm o[ a b~Iding sh~ be ne~er ~d {u~h~ in case o[ com~ plo~ ~Y g~agg ~uRt on said ~e sidg_bo~da~ 3ine on the Avenue, ~ve feet trom the side ~und~ plo~ (unl~ burr in connectOR ~- ~ ~u{e) ~ha~ b~ ~u~t ~thin {ur~t from ~e Avenue. S. No garage ~ay ~ b~t on any plo~ exce~ either in connexion ~ ~e house or else at least feet {rom the front boun~ ~ne and n~ l~s ~zn three {~t {rom ~e rear ~unda~ ~e o[ plots, and not less than t~ee feet {rom ~e side bound~ ~ne, except as set forth {or co~er plo~- of the premls~ 6. No outside toilete shah be erected or p~mitted to be erected on any oHenslve to ~e neiEhborh~n~ sba" be irecte", except ~ose erected with the pe=ission ot lbe ~elle, herein. 9. No ~igns oi ~Y { ~ "wed which are over 3 feet, 6 inches in helgh~ 10. ~o fences or hedg~ ~ .~ '-- *g- ~d and shall be binding upon lhe ~e {oregoing r~e~a~onl and ze~t~o~ a~e to ~n wlu~ -, ...... , ~ · chase~ hi~. heks, execulor% ,and assigns until ]anua~ 1, 19~, except, howev~, that the Sell~ res~e ..... · res~ations or r~s~icgons in whole or in part as lhe Sellers may {rom tim~ {~ ~me see fit, . . ogq ~TX~d. jo~esod/~ ~J..q~J paTiaas ~ o~ pu~ q~ . ~. e~ve the¢~nsideretion fir th~s convewance and~w'il~'~°~a~.~.right~ To . z~e ~c~ i~r~vement before using any par~ or nne ~oDaL,~.=~ sa~.zor .~ny o~ner ~rpose. ~ 'TOGETHER ~th the nppu~enaRces and aR ~he cs~n~e and rights~'o~'~e pa~y o~ ~he ~rst part in and ~o said pre- ~0 HAVE AND TO HO~D ~he premises herein ~sn~ed ~o ~be p4~ o~ the secon~ pa~, his heirs .':~'~ . ,~ and assigns ~orever, AND ~e pa~y ot the fi~t pa~ covenan~ as follows: '"'*"P ~imple, and h*~ good ~ght ~o con- FIRST.--That th~ party of the first part is seiz~ of the said prem~s~ ~ S~OND.~Th~t the parW of ~e second part sha~ quieOy enjo~ ~id. premises; THIRD.~at the said pr~i~ are free from incumbrances; excppt as. ~t$in se1 · ~ ,~.~rce ~V.E~ th~ party of the first pm has cau~efl its corporate s~~ and ~ese resents to be ~ig.ea by its duly authorized officer the aay one ye~ n~~.~ .... ' ' OLIVER BROS., BUILDING & CONSTRUCTION CORP~.- ~ ....... ~~ President . . . State of New York ~ County of NASSAU On the ..... I~..'~.. ..... day of .... .~p.l~.~ ............. ninteen hundred and . go~t~rs.l~ ......... before me ~me Herbe~ Olivg to me known, who, being by me duly sworn, did depose and say that he resides in ~s~r Bay, Haslau Count, ~at he is the President of Oliver Bros.~ BuildiRg & Cons~uc~ ---~oradom the c~radon described in. and ~i~ .ex~he~~nent; ~t .he knows the seal of said corporation; that the seal a~ed to said instrument is such corporate seal; that it was so by order of the board o{ Directors of ~d cor~ratlon; and that he signed his name thereto by like orger. .... ....... Notary Public,~essau CO., N.Y. O~v~, flied ~ attolt Co, !: Re~e~we this space for ~se of rdmg Off i ' ',",. Building_and.~__onstructior~ Coro, oration /, 5~-28 66th Street Maspeth, N.y. DEED .Apr£1.19., ..... 19 ~.. Record and return to N N JUN - 3 JUN - 3 2O08 BOARD OF APPEALS