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HomeMy WebLinkAbout6434~w~'~ ~oloco~ /o', Cj h¢s'~'- /03 ! BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Horuing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R CEIVED Tel. (631) 765-1809 · Fax (631) 765-9064 t:~-~M , FiNDINgs, DELIB TIONS DETE INATION MEETING OF DECEMBER 14, 2010 $out oId Town' l lerk ZBA Application No.: 6434 Applicants/Owners: Chester Friszolowski and Wendy James Friszolowski Property Location: 1905 Stillwater Ave., Cutchogue, NY SCTM# 1000-103 -8-1 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 requirements under SEQRA. The Zoning Board of Appeals held a public hearing on this application on December 2, 2010, 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: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is 59,680 square feet with 333.19 feet along Stillwater Ave. The property is improved with a single-family one-story residence with attached deck, accessory in-ground swimming pool and a one story frame building with garage under as shown on the 6/2/09 survey prepared by John C. Ehlers, LS. The accessory structure has a CO of record dated June 6, 1995 under Certificate of Occupancy #Z-23684 confirming that the accessory structure was built prior to January 1, 2008. FINDINGS OF FACT: In considering this application, the Board conducted an interior site inspection, held a public hearing on December 2, 2010 and reviewed the code requirements set forth pursuant to Article III, Section 280- 13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The as built Accessory Apartment is located on the ground floor level of a legally existing 2 story frame accessory building with garage under 2. The applicant herein, has sworn under oath at the public hearing on Dec. 2, 2010 and submitted sworn affidavits received Dec 7, 2010 by the ZBA that she owns and resides at the subject property, that the subject dwelling is her primary residence, and that she will continue to occupy the single-family dwelling as a principal residence while the Accessory Apartment will continue to be occupied by her Mother and her Mother's husband in conformance with the code requirements as set forth in Article III, Section 280- 13(B)(13)(j)(1-4) The owner aggress to comply with Section 280-13(D) and the occupancy shall not exceed the number of persons permitted. 3. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) Page 2 - December 14, 2010 ZBA File#6434 - Friszolowski CTM: 1000-103-8-1 parking spaces, two for the principal dwelling and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the 6/2/09 survey prepared by John C. Ehlers, LS. 4. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment contains an area of 657 Sq. Ft. of liveable floor area all on one floor with only one full bathroom, as described and shown on the floor plan by Crystal Scott dated 3/17/09 and received by the ZBA on Dec. 7, 2010, in conformity with the code which states that an accessory apartment in an accessory structure shall not contain less than 450 sq. feet nor exceed 750 square feet of livable floor area,. The applicant agrees that only one accessory apartment is and will be on the subject property. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, or order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an accessory apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. 6) Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises meet the requirements as defined in Chapter 280-4 and conforms to Chapter 280-13(B)(13) of the Zoning Code for an Accessory Apartment use. BOARD RESOLUTION: On motion by Member Goehringer, seconded by Member Schneider, it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Owner shall occupy the single-family dwelling or the Accessory Apartment as their principal residence. 2. Certificate of Occupancy shall be obtained from the Building Department before occupancy of the Accessory Apartment, which is required, and pursuant to §280-13(B)(13)and 280-13(D) the rental permit shall be renewed by the Building Department annually. 3. The owner shall install a chain or pull down ladder in the rear of the accessory apartment as a second emergency egress 4. No Bed and Breakfast shall be permitted on the property, so long as the accessory apartment exists. 5. Owner shall maintain the access driveway leading to the accessory apartment. 6. Owner shall locate all dismantled and unregistered vehicles in the rear yard or in the garage. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 3 - December 14, 2010 ZBA File#6434 - Friszolowski CTM: 1000-103-8-1 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 Weisman (Chairperson), Goehringer, Dinizio, Schneider. Member Horning by phone, no voting rights. This Resolution was duly adopted (4 -0). Leslie Kanes Weisman, Chairperson Approved for filing /,~ //7 /2010 / SUW. VE'r' Ot= PW. OI~W.T'f' 51TUATE.' Cl./TGt-106I/E TOIdN: E~:2UTNOLD ~T~JF:FOLK Cx2UNTh', N~ NOTE5: HONUNSNT FOUND At~EA = 5~ID60 5.F. or I~-/0 Acre5 ~RAPHIC E~_,ALE I"= 40' 493.20' N S E ,%, ~,ECEIVED 5 .~~ N~OARD OF APPEALS JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\CompaqserverXpros\05\05-319.pro RECEIVED BOARD OF APPEALS Prepared by Crystal Scott DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED NOV ! BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING November 8, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. Weisman: Pursuant to the requirements of Sections Al4-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Rose, Donald & Janis The Henry L. Ferguson Museum, Inc. T-Mobile Northeast Ffiszolowski, Chester #6430 #6431 #6433 #6434 TRK:ds Very h'uly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION ACCESSORY APARTMENT IN AN ACCESSORY BUILDING ~ RECE]VED , 7 or ^PPE^,s Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), Chester Frizolowski and Wendy ./ames Friszolowski C/O Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 of Parcel Location: House No. 1905 Street Stillwater Avenue Hamlet Cutchogue SCTM 1000 Section 103 Block 8 Lot(s) ~11 Lot Size 59,680 SQ.FT. District_ R-40 hereby apply to THE ZONING BOARD OF APPEALS for a SPEC1AL EXCEPT]ON in accordance with the ZONING ORDINANCE, ARTICLE Ill, SECTION 280-13 (B) , SUBSECTION 13 for the following uses and purposes (project description): ACCESSORY APARTMENT OVER GARAGE IN EXISTING ACCESSORY BUILDING. as shown on the aitached survey and/or site plan drawn to scale, and the attached floor plan(s) drawn to scale. Statement of Ownership and Interest: Chester Frizolowski and Wendy James Friszolowski are the owner(s) of property known and referred to as 1905 Stillwater Avenue~ Cutchogue ___ (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 10~3, Block 08 , Lot .. 1~._, and shown on the attached deed. The above-described property was acquired by the owner on 3/29/99 . The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The existing structure contains a ~,ara~e below ~rade and livin~ space above. The property is isolated, surrounded by wetlands~ and the building was constructed by prior owners (Helen Brush} on or about I 1/12/74 and CO obtained 6/6/95. The DEC advised that no permit is necessary for accessory apartment. No work is proposed on the building~ so no permit from the Trustees will be required. The space will be occupied by the owner's mother. The building will remain as it is and conforms to the intent and purposes of the zoning ordinance. ADDITIONAL DOCUMENTS ATTACHED: RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: BOARD OF APPEALS Applicant(s), James and Wendy Friszolowski C/O Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 of Parcel Location: HouseNo. 1905 Street Stillwater Avenue Hamlet Cutchogue SCTM 1000 Section 103 Block 8 Lot(s) 1 Lot Size 59,680 SQ.FT. Dis~'ict R-40 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III, SECTION 280-13 (B) , SUBSECTION 13 for the following uses and purposes (project description): ACCESSORY APARTMENT OVER GARAGE IN EXISTING ACCESSORY BUILDING. as shown on the attached survey and/or site plan drawn to scale, and the attached floor plan(s) drawn to scale. Statement of Ownership and Interest: James and Wendy Friszolowski are the owner(s) of property known and referred to as 1905 Stillwater Avenue~ Cutchogue (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section the attached deed. 103, Block 08 , Lot ~11, and shown on The above-described prope~y was acquired by the owner on 3/29/99 . The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The existing structure contains a eara*,e below ~rade and livin~ soace above. The property is isolated, surrounded by wetlands~ and the building was constructed by prior owners {Helen Brush) on or about 11/12/74 and CO obtained 6/6/95. The DEC advised that no permit is necessary for accessory apartment. No work is proposed on the building~ so no permit from the Trustees will be required. The space will be occupied by the owner's mother. The building will remain as it is and conforms to the intent and purposes of the zoning ordinance. ADDITIONAL DOCUMENTS ATTACHED: 1. Existing Conditions Survey (enclosed) 2. Photograph of the Existing Accessory Structure & Principal Dwelling (enclosed) BOARD OF APPEALs In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located in the accessory building. YES 2. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owners' principal residence. The other dwelling unit shall be occupied by a family member or a resident who is currently on the Town of Southold Affordable Housing registry and is eligible for placement, evidenced by a written lease for a term of one or more years. YES (FAMILY-Mrs. Friszolowski's mother) 3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. YES 4. The accessory apartment shall not exceed 750 sq. ft. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. YES 5. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached survey and/or site plan drawn to scale. (9' X 18~) 3 bays (garage spaces shown on survey) 6. Not more than one (I) accessory apartment shall be permitted on this parcel. YES 7. No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14) hereof shall be permiited in or on premises for which an accessory apartment is authorized or exists. NO B&B 8. The accessory apartment will meet the requirements of an apartment as defined in Section 280-4 of the Zoning Code. YES 9. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. YES 10. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008, and is attached hereto. 11. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. ATTACHED- CO for House, accessory building and pool 12. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. The property which is the subject of this application is zoned R-40 and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [ X ] has changed or received additional building permits and Certificates of Occupancy for these changes, which are attached or will be furnished. [the living space over the garage will require a building permit and CO if the accessory apartment is granted] ~'~" (NO PRIOR VARIANCES) COUNTY OF SUFFOLK) SS,: STATE OF NEW YORK) Sworn to before me this ./g-/ day of Owner Signature RECE~vi~ BOARD OF AppEALS RECEIVED ~,OARD OF APPEALS Prepared by Crystal Scott ECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ~OA~D OF APPEAL~ 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. YOURNAME: Wendy and Chester Friszolowski and PatriciaC. Moore Esq,_ (Last name. first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception X Accessory apartment If"Other". name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Tifle or position of that person: Describe that relationship between yourself (the applicant) and the Town 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 of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day oli_ffffo/'D'.,~<~ Signature: . Wendy and Chester Friszolowski ~ Patrieia C. Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEAL~ A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF 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. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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 cannot be certified as consistent with the LWRP 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 Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Proposed accessory apartment in accessory building (no exterior changes to building) SCTM# 1000-103-8-1 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals X Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plarming activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ ]'own ofSouthold LWRP Consistency Assessment Form ] Nature and extent of action: accessory apartment in accessory structure Location of action: 1905 Stillwater Avenue, Cntehogue Site acreage: 59~680 sq.ft. Present land use: house, detached ~ara~.e and ~ool Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Wendy and Chester Friszolowski (b) Mailing address: e/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use o fa coastal location, and minimizes adverse effects of development. See L WRP Section 111 - Policies; Page 2for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Existing building is located on Stillwater Avenue, adjacent to wetlands from drainage Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ili- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion {il'appropriate) developed subdivision- not applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See L WRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X BOARD OF APPEALS Town of Southold LWRP 2 Consistency Assessment Form RECEIVED Discussion (if appropriate)- not waterfront- not applicable NATURAL COAST POLICIES aOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16for evaluation criteria Yes No X Not Applicable Discussion (if appropriate): existing structure will be used on second floor of existing gara~,e for accessory aoartment for Mrs. Friszolowski's mother Policy 5. Protect and improve water quality and supply in the Town qf Southold. See L WRP Section III - Policies Pages 16 through 21.for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on water quality- residential use Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section 111 - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not applicable Policy 7. Protect and improve air quality in the Town of SoutholcL See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section 111 - Policies Pages; 34 through 38for evaluation criteria, Yes [] No [] Not Applicable X Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. Town of Southold LWRP 3 Consistency Assessment Form ~£CEzvED PUBLIC COAST POLICIES eo~o OF nm'E~t.S Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of SoutholcL See L WRP Section Ill- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not waterfront 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 Section III - Policies; Pages 47 through 56for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IIl- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): interior space- no exterior change to proper0~ Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section Ill - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no agriculture is conducted on the land Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): construction will comply with applicable codes *copy of Town form created on 2/11/06 Town of Southold LWRP 4 Consistency Assessment Form ~OA~D OF APPEA[.~ ~ Wendy James Chester Friszolowski 1905 Stillwater Ave. Cutchogue NY 11935 December 4, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Wendy James and Chester Friszolowski authorize you to make any and all applications and appear on my behalf to the Southold Town Board, Southold Town Zoning Board of Appeals, Southold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding properties located at 1905 Stillwater Avenue, Cutchogue, New York, sctm: 1000-103-8-1 ~%~TSTER FRI~/~)LOWSK1~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BOARD OF APPEAL$ BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. FULL 34488 Z Date MARCH 12, 2009 Permission is hereby granted to: CHESTER FRISZOLOWSKI CUTCHOGUE,NY 11935 for : ADDITIONS AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. THIS PERMIT REPLACES 31510. at premises located at 1905 STILLWATER AVE CUTCHOGUE County Tax Map No. 473889 Section 103 Block 0008 Lot No. 00t .purs,,mm.t to application dated MARCH 12, 2009 and approved by the Building Inspector to expire on SEPTEMBER 12t 2 . / Fee $ 542.70 / Aut]~Crf~zed ORIGINAL Rev. 5/8/02 FORM NO. 4 TOWN OF SOIT~HOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-31973 Date: 10/30/06 'l~t~S ~n~RTIFXES t~at the building INOROUND SWIPING POOL hocatlonof Pro~rty: 1905 STI~WA~R A~ ~ (~0US~ NO.) (S~ET) (~T) ~ty ~ ~ No. ~73889 Sect~ 103 Bi~ 8 ~t 1 confo~s s~stantially to the A~lication for Building Pe~it heretofore fil~ ~ ~s office ~t~ APRIL 4~ 2006 p~,m-t to ~ ~]~ ~t No. 31889-Z ~t~ APRIL 5~ 2006 was issued, ~d confo~s to all of the retirements of t~ a~lic~le provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGRO~ SWIPING ~OL IN ~E REQUIR~ R~ Y~ WI~ FENCE TO CODE AS APPLIED FOR. The certificate is ieeu~ to CHESTER FRISZOLOWSKI & WENDY JAMES (OWNER) of the aforesaid building. ~u~O~/~ CO~TI'YDEPART~T OF H~ALTH APPROVAL N/A m.~fL%L~IP~CAT~K}. 2955 pL~9~EP~ ~IFICATI~DA'£~u N/A o / 2/os /~u~horize~ Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED BOARD OF APPEALS CERTIFICATE OF O(~N]PANCY No Z-23684 Date J~]NE 6~ 1995 THIS CERTIFIES that the buildin~ ACCESSORY Location of Property 1905 STILLIFATI~KAVENUE ~ ~Y House No. Street Hamlet County Tax Map No. 1000 Section 103 Block 8 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Per,it heretofore filed in this office dated NOVEI~ER12f 1974 pursuant to which Building Permit NO. 7627-Z dated NO%~EE~E~ 12, 1974 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AN ACCESSORY BUIlDInG A8 APPLIED FOR. The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N/A / /~uild~ng Inspector Rev. 1/81 RECEI'VED TOWN OF SOUTI-IOLD BUILDING D~PARTMENT TOWN CL~Iqw'°-q OFFIC~ SOUTHOLD, N. Y. BOARD OFAPPEALS CERTIFICATE OF' OCCUPANCY TI-lIS CEP, TII~'IId~ that the building located atl~/S..StAllteate, g.Ave, ....... Street Map No ............. Block No ............. Lot NO. (Ittt~hOgtle,..I,o~o ,..~. ~Z~.. ~o~ subst~tl~ly ~ ~e Applicat~n for Buil~ng Pe~it he~tof~ ffl~ ~ ~ office dated ....... .~.. ~, ....... 19~.~. p~u~t to whi~ Building Pemit Ho.. ~6~..M dat~ ....... ~q~..~, ....... 19.6~., was issued, ~d co~or~ to ~1 ~ ~e ~u~- men~ .of ~e applicable provis~ns of the law. The ~cupan~ f~r which ~ ~ffi~te is is~ ~ .P~?~..~o~.. ~. ~el~ .......................................... The ~fficate is i~ued to.......~. ~UR~.. ....................................... ' (o~er, les~e or te~t) of the ~or~aid bulldog. S~olk County ~pa~ent of Health App~v~ ,..; ..................................... TOWN OF SOUTHOLD ~OPERTY RECORD CARD OWNER FORMER OWNER STRE~ }q O~ N S ; V l LLAGE DISTRICT ACREAGE '~'~ ~0~ TYPE OF FARM COMM. IND. SUB. JILDING CB. J MISC. Est. Mkt. Value IMP. TOTAL i DATE . . NEW NORMAL Form Acre ,eTna ~oo Tillable 2 Tillable 3 Woodland Swampland Brushlan~l'~,'~ ~- Ho~se ~et~'.~ Tote/~- Value Per AcrcJ ,Va ue FRONTAGE ON ROAD / qv:,-:/, RECEIVED ~OARD OF APPEALS 103.-8-1 1/06 M. Bldg. ~.4'~,~, 3~: ?'~-~7 J Foundation ~, ~;~. Bath ~/Extensi°n ~ ~ ~ 1.7~ Basement ~r2 ~ Floors E~ ~ X ~ = ~/ /~ ~ ~Z~ t' W~H~ ~ S~/~rte,~or Finish Extension / 3 ~ / 3: /.~Y.~ r, re Place ~. Heat + ~~/~-I ~.~ ~0 ~ ~ ~~_ ~ Roof Type ~),/~k~O =~'O0 ,~ ~ Porch Roo~ 1st Flor ~ ~/~ Rooms 2nd Floor .~Y t~ ~ ~109~ I.gO IOg~ Patio ~l~ ~.~ ~. O0 Dormer RECEIVED BOARD OF APPEALS Number of pa§es TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage InstrumcM 4 89986 TAX Deed / Mortgage Tax Stamp FEES , Iqqq '"" ,,,., -b A II: 114' . ED~,;'ARD P F. ONAINE SUFFOLK COuNtry CLERK Recordi.g / Filing Stmnps Page / Filing Fee itandlJng 1'P-584 Notation EA-52 ] 7 (County) EA-5217 (State) ILP.T.S.A, Comm. of Ed. Affidavit Certified Copy Reg. Copy Other ~- . Sub Total 50_0 GRAND TOTAL. -- Real Pmpeay Tax Service Agency Verification Dist. Section ' B lock Lot 1000 103. O0 08. O0 001. 000 Amt. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec. 1Add. TOT. MTG. TAX Dual Town Dual County_ Held for Apportionment - Transfer Tax ~ Mansion Tax The property covered'by this mortgage is or will be improved by a one or two ramify dwelling only. YES or NO., If NO, see appropriate tax clause on page # of this instmment Community Preservation Fund Consideration Amount $ -0__7__~ CPF Tax Due $ -0- Inili; Satisfactions/Discharges/Releases Lisl Property Owners M~ ng Addre RECORD & RETURN TO: Lark a FolCs, gsqs. P.O. Box 973 Cutcho§ue, New York 11935 X $ _C~EOEIVED :ant Land HAY06 1999 COMMUNITY' PRESERVATION FUND Title Company Information Co. Name N/A Title It Suffolk Recordi & Endorsement Tiffs page forms part ofthe attachedDEED made,by: CEESTER FRISZOLOI4SKI (SPECIFY TYPE OF INSTRUMENT ) ~]tc premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD CHESTER FRISZOLOWSKI and In d~e VILLAGE WENDY JAMES FRISZOLOWSKI, as husband orIIAMLETof CUTCHOGUE and wife , OXES 5 THRU 9 MUST BE [%'PED OR PRIN[]~D IN B ,LACK INK ONLY PRIOR TO RECORDING OR FILING. 0 N.Y,S. RANSFER AX STANPS EQUIRED ..... RECEZVED CONSULT TOUR LAWYER IIFOR! SIGNING THIS IflSTRUMINT -THIS INSTRUMINI SHOULD IS~l~ THIS INDENTURE, made the 29th day of Hatch , ninelccn hundred and ninety-nine, B~EEN ;, ~ CHESTER FRISZOLOWSKI, residing at 1'~05 Stillwater Avenue, Cutchogue, New York DtSTRICT ~ SECTION BLOCK LOT CHESTER FRISZOLOWSKI AND WENDY JANES FRISZOLOWSKI, as husband and wife, residing at 1905 Stillwater Avenue, Cutchogue, New York party of the si:cond part, WITNESSETH, that the party of tile first part. in conslderadon of ten dollars and other valuable considcra6on paid by the party of the second part, does hereby grant and release unto thc party of the second part, the heirs or succcssors and assigns of the party of Ihe secoud part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lylngand being inR~ Cutchogue, Town of Southold, Suffolk County, New 'York, bounded and described as follows: BEGINNING at a point on the easterly side of Stillwater Avenue distant 400.06 feet northerly from the corner formed by the intersection of the northerly eide of Stillwater Avenue with the easterly side of Stillwater Avenue; Running thence along the easterly side of Stillwater Avenue North 46 degrees 24 minutes 40 seconds West 333.19 feet to land now of formerly of Lademann; Thence along said land and continuing along land now or formerly of Wick, North 87 degrees O0 minutes 30 seconds East 493.20 feet; Thence along land now or formerly of Pontiac and continiuing along land now or formerly of Crofts South 44 degrees 31 minutes 00 seconds West 358.28 feet to the easterly side of Stillwater Avenue and the point of plante of BEGINNING. BEING AND INTENDED TO BE ~%e same premises conveyed by deed dated April 29, 1997 and recorded in the Suffolk County Clerk's Office on May 14, 1997 in Llber 11830 Page 364. This conveyance is subject to a mortgage held by Reliance Federal Savings Bank dated April 29~ 1997 in the amount of $90,000.00 and recorded in the Suffolk County Clerk's Office on May 1~, 1997 in Liber 19198 of mortgages, Page 449 and on which mortgage there is now due and owing the principal sum of $ 83,673.59and interest, at the rate of 7.625% from March 1, 1999 and that the party of the second part hereby sssumes and consents to pay'said mortgage with interest as part of the conditions of this conveyance. )3. O0 t. O0 Ck. )1. 000 TOGETHER with all right, title and interest, if any, of tile part), el the first part in and to any streets and roads abutti.g the above descrit~d premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises berein granted unto the party of the second part. the heirs or successors and assigns of thc part.v of tine second part forever. AND the party of the first part covenants that the party of thc first part has not done or suffered anything whereby tile said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Sec on 13 of the Lien Law, covenanls that thc part',, of thc first part will receive the consideration for th s couveyancc and will hold Iht right to receive such it' on'sid- eration as a trust fund to be applied first for Ihe purpose of paying the cost of the improvement and will apply the same first to the payment of thc cost of the improvement before using any part of the total of the .~qme for any other purpose. The word "party" shall be constrned as if it read "parties" whenever the sense of this indent! re so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Chester iri~o¢i Wend~ J~r~szolowsk~ ~- - PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 ~OARD OF APPEALS October 26, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, By Hand NY 11971 Re: Friszlowski/James Accessory Apartment in Accessory Building Dear Ms. Weisman and Board: Enclosed please find the following: 1. Application with client Authorization for Special Exception for Accessory Apartment in Accessory Building. 2. Transactional Disclosure 3. LWRP 4. Floor Plans 5. Existing C.O for accessory building, inground swimming pool w/fence; building permit for one family dwelling and additions/alterations to dwelling 6. Property card 7. Photos of existing conditions and existing conditions survey. 8. Deed 9. My clients check in the amount of 4400.00 representing the filing fee Please place this on your next available calendar. Thank you for your continued courtesies. Patricia C. Moore ELIZABETH A. NEVILLE, RMC, CMC 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: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 28, 2010 Zoning Appeal No. 6434 Transmitted herewith is Zoning Appeals No. 6434 of Patricia C. Moore for Chester & Wendy Friszolowski - the Application to the Southold Town Zoning Board of Appeals for Special Exception Accessory Ap~ment in an Accessory Building. Also enclosed is the Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated October 26, 2010, Authorization Letter from Wendy & Chester Friszolowski to Patricia Moore to Represent them in this Matter, Building Permit 34488-Z for Additions to an Existing One Family Dated March 12, 2009, Certificate of Occupancy No Z- 31973 for Inground Swimming Pool Dated October 30, 2006, Certificate of Occupancy No Z- 23684 for Accessory Building Dated June 6, 1995, Certificate of Occupancy No Z-3352 for One Family Dwelling Dated December 17, 1968, 2 Pages of Property Record Card, 4 Pages of Photos of Property as it Exists, Copy of 2 Pages of Deed to Property, Copy of Survey Showing Existing Construction Dated June 2, 2009 Prepared by John C. Ehlers Land Surveyor, 2 Pages of Plans Showing Floor & Elevations Dated March 27, 2009 Prepared Crystal Scott. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/28/10 * * * RECEIPT * * * Receipt#: 93608 Transaction(s): 1 1 Application Fees Reference Subtotal 6434 $400.00 Check~:4193 Total Paid: $400.00 Name: Friszolowski, Chester 1905 Stillwater Ave Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6434 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tch (631 ) 765-4330 Fax: (631 ) 765-4643 December 7, 2010 Attn: Vicki Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RECEIVED DEC 7 2010 ~'~ BOARD OF APPEALS RE: FRISZOLOWSKI # 6434 Dear Chairman & Board members: With reference to the above and pursuant to your request at the hearing held on Thursday, December 2, 2010, enclosed please find: 1. Affidavit of Wendy Friszolowski establishing proof of residency (5 copies) 2. Floor plan indicating that 657 sq. feet is the total livable floor area Thank you and please do not hesitate to call should you have any questions. S, trlcla C. Moore PCM/bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CHESTER & WENDY FRISZOLOWSKI (Name of Applicant) SCTM Parcel #1000-103-8-1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT RECEIVED: BOARD OF APPEALS I, Wendy Friszolowski, being duly sworn, deposes and says: That I reside at 1905 Stillwater Avenue, Cutohogue, New York 11935 with my husband, Chester. It has been our principal residence since 1999. As proof of residency, attached is a copy of my drivers license and deed. That my mother is Dorothy Rossi. That she and her husband, Louis Rossi will reside in the accessory apartment. (Signature) WENDY FRISZOLOWSKI Sworn to before me t~sc~~--' day,/of~ecember, 2~ . N.Y.S. ANSFER X STAMPS QUIRED ,0 .00 oo .000 CONSULT YOUR LAWi~LrK EIEFORE SIGNtNG"THIS IflSTIKUMINT - THISI~UMSNT SHOULD lie USED IT LAWYERS ONLY THIS iNDF~TURE, made the Zgoh day of March , nineteen hundred and ninety-nine, BETWEEN i' t CHESTER FRISZOLOWSKI, residing at 1'~05 Stillwater Avenue, Cutchogue, New York DISTRICT : SEC~30N BLOCK LOT CHESTER FRISZOLOWSKI AND WENDY .JAMES FRISZOLOWSKI, as husband and wife, residing at 1905 Stlllwater Avenue, Cutchogue, New York ? party of the s/:cond part, B AR WITNF..SSETH, that the p~rty of me first ~rt, in conside~tion of ten dollars and ~er ~id by tl~e pa~y of the second part, d~s hereby grant and release unto the ~rt~ of the second part, the heirs or successors and ~ssigns of the party of the second part forever, ALL that certain plot, piece or parcel of l~nd, with the buil~ings and improvements thereon erected, situate, lyin~aml beingin~ Cutchogue, Town of SouchoZd~ Suffolk C~nt.y~ flew York, bounded and described as BEGINNING at 'a point on the easterly side of Stillwater Avenue distant 400.06 feet northerly from the corner formed by the. intersection of the northerly side of Stillwater Avenue with the easterly side of gtillwater Avenue; Running thence along the easterly side of Stillwater Avenue North 46 degrees 24 minutes 40 seconds West 333.1'9 feet to land now of formerly of Lademann; Thence along said land and continuing along land now or formerly of Wick, North 87 degrees O0 minutes 30 seconds East 493.20 feet; Thence along land now or former of Pontino and continiuing along land now or formerly of Crofts South 46 degrees 31 minutes O0 seconds West 358.28 feet to the easterly side of Stillwater Avenue and the point of plance of BEGINNING. BEING AND INTENDED TO BE ~he same premises conveYed by deed dated April 29, 1997 and recorded in the Suffolk County Clerk's Office on May 14, 1997 in Liber 11830 Page 364. This conveyance is subject to a mortgage held by Reliance Federal Savings Bank dated April 291 1997 in the amount of $90,000.00 and recorded in the Suffolk County Clerk's Office on May 14, 1997 in Liber 19198 of mortgages, Page 449 and on which mortgage there is now due and owing the principal aum of $ 83,673.59and interest, at the rate of 7.625% from March i, 1999 and that the party of the second part hereby assumes and consents to pay'said mortgage with interest as part of the conditions of this conveyance. TOGETHER with all right, title and intel'est, if any, of the party of the first part in and lo any streets and ro~ds abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered auythlng whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of thc first part will receive the consideration for this conveyance and will hold the right to receive such ~:onsld- era~ion as a trust fund to be applied first for the purpose of paying the cost of the improvement and will 'apply the same first to the payment of thc cost of the improvement before using any part of the total of the .~'nne for any other purpose. The word "party'~ shall be construed as if it read "parties" whenever the sense of this indentltre 'so requires. IN WITNESS WHEREOF~ the party of the first part has dui), executed this deed the day and year first above written, Chester Fzis~ OW~i - Wend~ a~/Fri$~.o-lowski BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 2, 2010 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~ DECEMBER 2, 2010: 10:10 AM - CHESTER and WENDY FRISZOLOWSKI #6434 - Applicant requests a Special Exception under Article Ill, Section 280-t3B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 1905 Stillwater Ave., Cutchogue, NY. SCTM#1000-t03-8-1. 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 contact our office at (631) 765-1809, or by email: Vicki. Toth~Town.Southold.n¥.us. Dated: October 29, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CHESTER & WENDY FRISZOLOWSKI (Name of Applicant) SCTM Parcel #1000-103-8-1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 16th day of November, 2010, I personally mailed at the United States Post Office in Southold, 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 ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a )ublic or private street, or vehicular right-of-way of record, surrounding the applicanr~l; roperty. (l~ignature) ~.l ;: I~ETSY PE~NS Sworn to before me this /"7 ~"/"' day of November, 2010 ' ( ~tary PubliC)MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 31"-~ ,!/ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. FRISZOLOWSKI NEIGHBOR LIST SCTM: 1000-103-8-1 MICHAEL DROBET PO BOX 545 MATTITUCK NY 11952 SCTM: 1000-103-7-10 CHARLES & ROSE CROSTS 2105 STILLWATER AVE. CUTCHOGUE NY 11935 SCTM: 1000-103-8-3 DOUG MCGAHAN PO BOX 602 CUTCHOGUE NY 11935 SCTM: 1000-103-7-11 STELLA PONT[NO PO BOX 2 CUTCHOGUE NY 11935 SCTM: 1000-103-8-5.3 DAVE MCGAHAN PO BOX 602 CUTCHOGUE NY 11935 SCTM: 1000-103-7-12 MICHAEL LADEMANN 1625 STILLWATER AVE. CUTCHOGUE NY 11935 SCTM: 1000-103-1-19.6 STEPHEN & DEBORAH WICK PO BOX 985 CUTCHOGUE NY 11935 SCTM: 1000-103-1-19.7 :1 PA?RICIA C- ~ ~E 51020 MAIN R( SOUTHOLD NY 11971 By: (Please Print Clearly) 7192 6463 3110 0000 8290 Date of Delivery PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivew 3. Addressee's Add ross, Article Addressed To: M~i::L~L LADEMANN 1625 STILLWATER AVE. CUTCHOGUE NY 11935 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 8269 7192 6463 3110 0000 8269 t, Article Addressed To: DAVE MCGAHAN PO BOX 602 CUTCHOGUE NY 11935 PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signayure: ~bAd~essee or [3Agon~) × B. Receive'~Y~. (~ea~e Print Clearly) C, Date of Delivery Secondary Address I Suite I Apt I Floor (P/ease Print Clear~y) Delivery Address City State ZIP + 4 Code 7192 6463 3110 0000 8252 1. Article Addressed To: DOUG MCGAHAN PO BOX 602 CUTCHOGUE NY 11935 RECEIPT FROM: SEND TO: CHN~LES & ROSE CROSTS CU~C~OGUE NY ~ ~,t~ FEES: , ~.,J~ ( TOTAL $ 5. POSTMARK OR DATE RECEI~ 7192 64~3 3110 FROM: PATRICLA C MOORE SEND TO: ~ FEES: .~j~ ( Postage ~ TOTAL $ 5.,~t( POSTMARK OR DATE RECEIPT 7192 6463 31 lO (x)oo 9283 FROM: SEND TO: FEES: Pos~ee TOTAL $ POSTMARK OR DATE RECEIPT FROM: PATRICIA C MOORE SEND TO: FEES: '[~ t TOTAL $ 5.9~t RECEIPT FROM: RE: friszolow~J z~e heanng SEND TO: MCIHAEL LADEMANN FEES: .U( Postage ~ C~Fee 280 Retucn Recent 23O Re~ed TOTAL $ POSTMARK OR DATE RECEIPT 71926463311oo09o8269 FROM: SEND TO: ~w Mcc-ww~ PO BOX 602 C{JTCHOGUE NY ~¶935 FEES: '(,~l Po~tage "0~44 TOTAL $ 5~'~ POSTMARK OR DATE RECEIPT FROM: P^TR~c~, C ~4OORE RE: fr~i2~ba he~ SEND TO: STEPHEN & DEeOR~H PO BOX CUTCHOGUE NY 11935 FEES: TOTAL POSTMARK OR DATE :1 PATRICIA C- ~R£ 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Received C. Date of Deliver~ 4. Restricted Dee? 3. sJ~ 9-y~ (Extra Fee) [] Yes CERTIFIED 2. Art;;MN;rr~r63 3110 0000 8283 7192 6463 3110 0000 8283 1. Article Addressed To: STELLA PONTINO PO BOX 2 CUTCHOGUE NY 11935 (Extra Fee) [] Yes CERTIFIED 7192 6463 3110 0000 8245 7192 6463 3110 0000 8245 t. Article Addressed To: MICHAEL DROBET PO BOX 545 MATTITUCK NY 11952 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 2. Ar;;9~:r~3 3110 0000 ~306 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 7192 6463 3110 0000 8306 1. Article Addressed To: STEPHEN & DEBORAH WICK PO BOX 985 CUTCHOGUE NY 11935 ZONING BOARD OF APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of CHESTER & WENDY FRISZOLOWSKI Regarding Posting of Sign Upon Applicant's Land Identified as 1000-103-8-1 AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, WENDY FRISZOLOWSKI, residing at 1905 Stillwater Ave., Cutchogue, New York being duly sworn, depose and say that: On the~)~ day of November, 2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, DECEMBER 2, 2010. Sworn to bef~,~rn...~e~t~his .2. d ay of lqi~;~arrrh~5~fi;- 2010 No~--ta~ry Public PATRICIA C. MOORE Notary Public, Stere of New York Suffolk County - No. 4861668, O Commission Expires June 16 *near the entrance or driveway en[ranc~ OT [ne proper~y, passersby. as the area most visible to ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 1,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than November 22 nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before November 30, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main. Road, Southold: NAME: SCTM #: FRI OLOWSKI, C. 1000-103-8-1 # 6434 VARIANCE: SPECIAL EXCEPTION REQUEST: APARTMENT OVER GARAGE IN EXISTING ACCESSORY BUILDING DATE: THURS, DEC. 2, 2010 10:10 AM BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING 10015 NOV ~ 3 ZOIO 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 18th dayof November, 2010. Sworn to before me this Principal Clerk 2010. LEGAL NOTICE SOUTItOLD TOWN ZONING BOARD OFAPPEALS THURSDAY DECEMBER 2, 2010 PUBLIC HEARYNGS NOTICE IS HEREBY GIVEN, pul'- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road. LO. Box I179, gouthold, New York 11971-0959, on THURSDAY DE_- 9'30 AM - I~[CHAEL $. and KATH. LEEN M. HANNAI~N ~6427 - Request for Variance from Code Sections 280- 124, based on an application for building permit and the Building Inspector's Sep- tember 20, 2010 Notice of Disapproval, concerning proposed additions and al- !eratinns to existing single-family dwell- rog, at 1) lesa than the code required front yard setback of 35 fept,2) less than the code required rear yard setback of 35 feet. Location; 280 Munn Lane Ori- ent, Ny SCTMgl~00-174-2. 9'.50 ~. HENRY L FERGUSO~ ~ . Requests for variance from Code Section 280-14, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disap- provui concerning a lot line change: two non-conforming lots at less than the code required 120,000 sq. ft. in a Ri20 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers Island. NY. SCTMg's:1000-%I-6.1i 7 & p/o 10. 10:.10 AM - CHEffI'ER and WE~X ~ - Applicant quests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorizatinn to establish an Accessory Apartment in an accessory structure. Location: 1905 Stillwater Ave., Cutcbogue, NY SCTM#10~0-103 8-1. 10:30 AM - ANDREW GREENE ~ Applicant requests a Spe$i'a~ Exception under Article Ill, Section -c0-1oB(13).The Apphcant is the ownel requesting authorizatiou to establish an Accessory Apartment in an accessory structure. Location: 30653 Route 4~, (adj. to Long Island Sound) Peconic, NY. SCTM# 1000-734-5. 10:50 AM. ANNE MARINO AND B__ERNARD TELSEY g6432 - Request for Variance from Article III, Code Sec- tion 280-15, based on an application for building permit and the Building In- spector's September 20, 2010 Notice of Disapproval, concerning proposed ac- cessory m-ground swimming pool at: 1) location other than the code required rear yard. Location: 465 Old Harbor Rd. (ROW), New Suffolk, NY. SCTMg1000- 117-3-11.5. 13[:10 AM. DONALD lB. and JANIS G. ROSE g6430 - Requests for variances from Code Section 280-124, based on an application for building permit and the Building Inspector's September t0,2010 Notice of Disapproval concerning re- construction of a single family dwelling: (I) less than the code required comb ned side yard setback of 25 feet (2) less than the code required rear yard setback of 35 feet. Location; 145 King Street Ori- ent. I'.FY. SCTM#1000-26-1-23. .Carryover Hearings~ continued from prior meetings and pending additional information: Adjourned from Public Heating Sep- tember 23, 2010: 1,'00 PM - LOUIS and ELIZABE_T.H_ M~ASTRO # 6417 - Request for Variance from Code Sections 280-116(B) and 280- !24. based on an application for build- mg permit and the Building Inspector's June I4, 2010, amended September 8. 2010, No ce of Disapproval conceruing proposed demolition and recoustruc- NOTARY pUBtlC-$TATE OF NEW YORK NO. 01 .V0610~0~0 Ouallflea ~n Suffolk County lion of a new single family dwelling at code requ red 660 sq ft Location' 405 1) less than the code required bulkhead ~ri¢~te Rd. #3 and ROW'(ad~ to JoCkey setback of 75 feet, 2) less than the code /.. ,~J',~k), Soutbold. NY. SCTMg1000-70- required minimum side yard setback of 10 feet, 3) less than the code requred total combined side yards of 25 fee, 4) ~ PM - THOMAS V. PERILLo, 4~ #64.2~_ - Request Ior Variance from lessthanthecoderequiredrearyardset_ Article 1II, Code Section 280-15, based back of 35 feet. Location: 1595 Bayview Ave., (adj. to Arshamomque Harbor) onanapplicationforbuildingpermitand Southold, NY. SCRM#1000-52-5-9. the Building Inspector's September 23, Re-opened from Public Hearing nc- ' 2010, amended October 20 2010 Notice ol D sapproval, concerning proposed ac- tober 21, 2010 '1130 PM -REGINA, S GARDEN L_LC #6388 - Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conform- ~ ng builthag and the Bmlthng Inspec- toffs March 10, 2010, Notice of Disap- [ proval stating that the proposed use on this parcel in the AC zone is not per- mitted and exceeds the code permitted number of uses per the Bulk scheduie. Location: 1150 Sound Ave., Mattituck. S CTM#1000420-3-5. Adjourned fi*om Public Hearing Oc- tober 21, 201~ 2.'00 PM - MARK and SHARON MELNICK g642,6 - Request for Vari- ance from Article III, Code Section 280- 15, based on an application for building permit and the Building Inspector's Sep- tember 23, 2010, amended October 13, 2010 Notice of Disapproval, concerning proposed accessory garage at 1) less than the code required front yard setback of 35 feet both front yards, 2) Iess than the code required side yard setback ol ~) feet, 3) square footage of more than the cessory garage at: 1) less than the code required side yard setback of 10 feet, 2) location other than the code required rear yard. Location: 1410 Great Peconic Bay Blvd., Laurel, NY. SCTM#1000-145- 2-17.2. The Board of Appeals will hear all persons or their representatives, des r- ing 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 contact our office at (631) 765-1809, or by cma Vicki. To t h Cao>Town. Southold.nv.u~. Dated: November 1, 2010 ' ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Localion) 53095 Main Road {MuillngJUSpS ) P,O. Box 1179 Southold, NY 11971-0959 10.015-1T Office Location: Town Annex/Fi~t Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 28, 2010 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 XlV of the Suffolk County Administrative Code: ZBA File # 6434 Owner/Applicant · Friszolowski, Chester Action Requested: accessory building. Special exception for accessory apartment over garage in existing Within 500 feet of: ( State or County Road ( ~ Waterway (Bay, Sound, or Estuary) ( , Boundary of Existing or Proposed County, State, Federal land. (X) Boundar of Agricultural District ( ¥ of any Village or Town If any other information ~s needed please do not hesitate to call us. Thank you. Very truly yours, Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http:llsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 December 15, 2010 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6434 - Friszolowski Dear Ms. Moore: Transmitted for your records is a copy of the Board's December 14, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. SinceretTh Vicki Toth Encl. Cc: Building Dept.