HomeMy WebLinkAbout6434~w~'~ ~oloco~ /o', Cj h¢s'~'- /03
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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
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~,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.