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HomeMy WebLinkAbout1000-97.-2-15 & 16.5 N E W� BOUNDAR'�' LINE ALTERATION N N A)qZV FOR ALLEN OVSIANIK e ell s17V,�� W E GUTGHOOUE TONN OF SOUTHOLD S SUFFOLK GOUNTY, VIEW YORK MAPPED JULY I ci, 2010 SUFFOLK COUNTY TAX MAP NUMBER 1000 - q-7 - 2 - 16.5 ��� edgegF e"9 RECEIVED 1000 - q1 - 2 - 15 � w P4 e , mc AO FIRE DISTRICT No. 2Gi F o�` ® X48' MAR 0 4 2019 � SCHOOL DISTRICT No cl Southold Town Planning Board APPLIGANT: OWNER: 40 1%6 Z07- 22 0 ALLEN K OVSIANIK ��' �ya9Po °\ `� 10, - �' 618 RIDGE AVE. �,® pf °\ 4z '6&�� F2O-------_, EPHRATA, PA. 1-7522 °�® Cks ------------------------------------ Q ---------------- •Q0, 4zo �c� ® �1✓' Oo S �7& ----- Y/ F 16q� moo` KEYMAP I 0 Fp�O Vis.. ` / \ Ery jc�j ®���q�- / 4P Z07-1 P 4 � \ �sLtO,r/J' f0r�' Lw 62, ------------ APPROVED BY LLLL �C�pp�9 eye of N68 2-Iz---------- Pqe 50140" PLANNING BOARD 0 TOWN OF SOUTHOLD Z®Ar DATE 1� �.�1� �R-80® -4% `r `e I EXISTING TH1515 TO GERTIFY THAT THI5 5UBPIV1510N PLAT HA5 BEEN APPROVED BY THE PLANNING I O' X 150' VEGETATIVE BUFFER TO BE PLANTED AS FOLLOWS PROPOSED BOARD OF THE TONAL OF 50UTHOLD BY RE50LUTION DATED, TWO (2) STAGGERED ROWS OF NORWAY 5PRUGE EVER6REEN5 6--1 ' TALL AT 10' ON CENTER Lvouthorzee oitarotian or adliNm to o w.vey DATE: BY: — ALL BUFFERS MUST BE MAINTAINED AS DESCRIBED map bemPig a licensed lard sweyor's zeal is a vle+lolbn ni sec0on,]09,nub-elvblon 2,of[ha New York Sta99[c Fc4catlon Law" mar�eaL1h an4ori9tnol of iMetl wrvewre'y NOTES: ADDITIONAL IMPROVEMENTS TO THE PROPERTY, I NGLUD I N6 ADDITIONAL PARK I N6 BEYOND THAT EXI STI N6 AT roped ea, anskered to peles". THE TIME OF TH 1 S APPROVAL, AND/OR BU I LD I N6 ADDITIONS, REQUIRE SITE PLAN APPROVAL BY THE PLANK I N6 BOARD PrhNcauons mdicatee here skr fy that hd v y was F—F—d in a«ori nce w.th the eu- knng Gode o4 Rac tk.e for Lone 5ureys adopted b'J the New York State ASsocbtian of F'rofessbnal TOTAL AREA = -1Q,5-77 S.F. OR 1.826ci ACRES aad ey . Sal ertifKat iorrs a—p y person for whom me sw"ey b prepored, Rte: _ and on hls behalf to the tT-company,governmen- TH15 PROPERTY IS SUBJECT TO COVENANTS AND RESTRICTIONS DATED APRIL 26, 2015 AND FILED IN THE �' r�' ._= f?-° ? -, GOMPLETED FEBRUARY 20Y CERTIFY THAT 1 2008 $ THAT ALL BY MONUMENTSUSHOM THUS- Revisions: nsRVEYS9aaaro r��'e9 a'wo'�;t` a;�stn.r,�d y, to the an�iyriees or the l dxi,4 F—Htutl— Lerbfica- OFF I GE OF THE SUFFOLK COUNTY GLERK ON MAY 3, 2018 I N L I BER 12860 AT PAGE -7� HEREON ACTUALLY EXI5T AND THEIR POSITIONS GORREGTLY SHOWN AND /'''� �jj A �T EXISTI N6 PARCEL 15 = 13q�15 S.F. J r ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. 06-07-2012 JOHNl El 1LERS LAND D SURVEYOR EXISTIN6 PARCEL 16.5 = 63,602 S.F. 06-10-2015 12-08-2016 N.Y.S. LIC. NO. 50202 GRAPHIC SCALE I - 40 4,.k.:°. *. -,`' 11-12-2017 6 EAST MAIN STREET - _ 4 _ �, _ _ - �� `��- II-30-2017 PROPOSED LOT I - 32,a 74 S.F. OR 0.7570 ACRES _ `X� . ;. ></ 08-05-2018 �� �, N.Y. 11901 369-8288 Fax 369-8287 11-05-2018 PROPOSED LOT 2 = 46,603 S.F. OR 1.06qc-1 ACRES 0 40 80 120 JOHN G. EHL P. .S. LIG # 50202 REF—C:\UsersVohn\Dropbox\05\05\05-299 Updated 09-05-2018.pro OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �*0f SOUrjyO P.O. Box 1179 54375 State Route 25 ,`O l0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 CA www.southoldtownny.gov NTY,�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9, 2019 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Final Approval with Condition — Ovsianik Resubdivision 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: - The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 8, 2019: WHEREAS, This proposal is for the resubdivision of SCTM#1000-97.-2-15 & 16.5 where 0.4 acres is proposed for transfer from Lot 16.5 to Lot 15. Lot 15 will increase in size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acres to 1.1 acres, in the R-80 and B Zoning Districts. This parcel is located southeast of the intersection of S.R. 25 and Eugene's Road; in Cutchogue; and WHEREAS, on March 13, 2015, the applicant submitted an application for resubdivision; and WHEREAS, on March 23, 2015, the Southold Town Planning Board found the application incomplete and required the applicant to apply to the Zoning Board of Appeal (ZBA) for relief of the proposed undersized lot; and WHEREAS, on June 15, 2015, the applicant submitted additional materials; and WHEREAS, November 28, 2016, the Southold Town Planning Board receive a requested for comment from the ZBA; and Ovsianik Resubdivision Page 12 April 9, 2019 WHEREAS, on December 6 2016, Planning staff required additional information from the applicant in order to respond to the ZBA; and WHEREAS, the Southold Town Planning Board responded to the ZBA with their comments; and WHEREAS, on January 25, 2017, the ZBA granted an area variance on the application in File #7017; and WHEREAS, on June 26, 2017, the resubdivision application was found incomplete; and WHEREAS, on August 22, 2017, Planning staff provided the applicant with a draft of the covenants and restrictions; and WHEREAS, on November 15, 2017, the applicant submitted a revised map; and WHEREAS, on November 30, 2017, the Southold Town Planning Board found the application incomplete and required materials; and WHEREAS, on November 30, 2017, the application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on December 19, 2017, the Southold Town Planning Board found the application complete and set the Public Hearing for January 8, 2018; and WHEREAS, on January 3, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on January 8, 2018, the Public Hearing was postponed to January 22, 2018 due to an emergency closure of the Town Hall; and WHEREAS, on January 22, 2018, the Public Hearing was held and closed; and WHEREAS, the Southold Town Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, on April 9, 2018, the Planning Board, pursuant to SEQRA, made a determination of non-significance for the proposed Re-subdivision and granted a Negative Declaration; and WHEREAS, on April 9, 2018, the Planning Board granted Conditional Final Approval on the application; and WHEREAS on October 4, 2018, the applicant requested a 180-day extension of the Conditional Final Approval in order to complete the remaining conditions; and Ovsianik Resubdivision Page 13 April 9, 2019 WHEREAS, on October 15, 2018, at their work session, the Planning Board agreed to grant an extension of the Conditional Final Approval granted April 10, 2018, from October 9, 2018 to April 9, 2019; and WHEREAS, on November 15, 2018, the applicant submitted a copy of the covenants and restrictions filed in Liber 12960 Page 77 with the Suffolk County Clerk's Office; and WHEREAS, on March 4, 2019, the applicant submitted a corrected Final plan to fulfill all conditions of Conditional Final Approval; therefore be it RESOLVED, that the Southold Town Planning Board grants Final Approval with a Condition upon the map entitled "Boundary Line Alteration prepared for Allen Ovsianik", dated July 19, 2010, prepared by John C. Ehlers, Land Surveyor, last revised November 3, 2018, with one condition, and authorizes the Chairman to endorse the map; Condition: 1. Additional improvements to the property, including additional parking beyond that existing at the time of this approval and/or building additions, require site plan approval by the Planning Board. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this re-subdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below (see next page) must be signed by the property owners to validate this approval resolution. 1 Ovsianik Resubdivision Page 14 April 9, 2019 I understand that Southold Town Planning Board approval of this Resubdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services(SCDHS). I understand that I will need to apply separate) the SCDHS for any applicable approvals. & . Signature of(Property Owner 1) Print Name �C) Signature of(Property Owner 2) Print Name If you have any questions regarding the above, please contact this office at 785-1938. Respectfully, Donald J.Wilcenski Chairman Encl. Negative Declaration cc: Assessors Building Department COUNTY OF SUFFOLK RECEIVED EC E I lowni STEVEN BELLONE �vS'aD'y- SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN, MD, MPH, MBA, MSW Commissioner CERTIFIED MAUL—R.El'URN RECEIPT Goggins &Associates, Attorneys at Law 13235 Main Road PO Box 65 Mattituck,NY 11952 August 16, 2019 RE: Lot line change; SCTM#: 1000-97-2-15 & 16.5 Dear Mr. Goggins, This Department is in receipt of your third letter to the Department dated August 8, 2019 (previous request submitted on July 15, 2019 and another back in April 2011), again requesting confirmation as to whether SCDHS approval is required for a proposed lot line modification. Please note that prior to the creation of a development, pursuant to Article 6 Section 760-604A of the Suffolk County Sanitary Code, SCDHS approval is required for the existing or proposed water supply and Sewage disposal facilities. A Development, as defined in Article 6, means two, three or four contiguous parcels located wholly or partially within the County of Suffolk, or any Tract of land located wholly or partially within the County of Suffolk which has, is or will be divided into two, three or four identifiable parcels. The proposal must comply with Article 6 of the Suffolk County Sanitary Code and the locations of the existing/proposed water and sanitary facilities must be confirmed, and may require upgrading prior to approval of the lot line modification with this Department. Please feel free to contact this Department should you ha\7e any ffirther questions. You may also schedule a meeting with a subdivision review engineer in this office by calling (631)852-5700 to discuss the feasibility of your proposal and the requirements for approval. Best Regards, jai,%jpl� r, w CDHS Office of Wastewater Management cc: Town of Southold Planning Board DIVISION OF ENVIRONMENTAL QUALITY Office of Wastewater Management•360 Yaphank Avenue, Suite 2C,Yaphank NY 11980 PublicHealth (631) 852-5700 Fax(631) 852-5755 P-1- pr-- r-1-.r .....w GOGG NS & ASSOCIATES ' ATTORNEYS AT LAW dr,4 13235 Main Road, P.O. Box 65 w aMattituck New York 11952 k William C.Goggins,Esq. Phone (631) 298-4818 Fax(631) 298-4214 _... .................... ... . gogginslaw,c.gmailxom Donald Mates,Esq. Of Counsel August 8, 2019 Philip J.Branigan,Esq. Of Counsel Suffolk County Department of Health Services Office of Waste Water Management 360 Yaphank Avenue, Suite C Yaphank, New York. 11980 Attn: Craig Knepper, PE Re: Lot Line Change; SCTM Nos. 1000-097.00-02.00-015.000 and 016.005 Dear Mr. Knepper: In response to your letter dated July 26, 2019, please be advised that the change was merely moving a lot line so that the commercial area of the land and the residential area of the land conformed to the designated zoning areas and the existing conditions. It was not a subdivision of land. The commercial property has two (2) pre-existing commercial buildings. The residential property continues as vacant. This was not a subdivision of land, and it is not within the purview of Section 760-604A of the Suffolk County Sanitary Code. Please advise. Thank you. Very, truly yours, f; V WILLIAM C.'�G GGINS WCG/dmp SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/06/2019 Number of Pages : 4 At: 02 :23 : 06 PM Receipt Number : 19-0146103 TRANSFER TAX NUMBER: 19-00525 . LIBER: D00013022 PAGE : 981 District: Section: Block: Lot: 1000 097 . 00 02 . 00 016. 006 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $250 . 00 NO TP-584 $5 . 00 NO Notation $0 .00 NO Cert.Copies $0 . 00 NO RPT $200 .00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $520 . 00 TRANSFER TAX NUMBER: 19-00525 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F, 2 RECORDED Number of pages 2019 Aug 06 02:23,06 PM TORRENS JUDITH A. PASCALE CLERK OF Serial# SUFFOLK COUP}TY L D000131077 Certificate# P 931 DT# 19-00525 Prior Ctf.# Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. �J y� 1.Basic Tax _ Handling (x/ 2.Additional Tax _ TP-584 _ Sub Total Spec./Assit. Notation _ or EA-5217(County) Sub Total 5" r Spec./Add. _ TOT.MTG.TAX _ EA-5217(State) Dual Town_ Dual County 20� ®�� �/ Held for Appointment_ R.P.T.S.A. � Transfer Tax Comm.of Ed. 5. 00 Mansion Tax Affidavit ��,� �.� The property covered by this motgage is !}y® or will be improved by a one or two Certified Copy _ ' / S family dwelling only. YES or NO Reg.Copy Sub Total ll v_� If NO,see appropriate tax clause on Other Wu� ( ✓ f Grand Total ✓ page# of this instru nt. 4 Distric'ttIIO 19023733 1000 09700 0200 016006 5 Community Preservation Fund Real ffI� I� Consideration Amount $ Proerty Tax pSe vice 02-AUG-1 CPF Tax Due $ Agency —J Improved Verification Vacant Land V 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD&RETURN TO: TD William C.Goggins,Esq. P.O.Box 65 TD Mattituck,New York 11952 7 Title Company Information Co.Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed made by: (SPECIFY TYPE OF INSTRUMENT) Allen Ovsianik The premisis herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Allen Ovsianik In the VILLAGE or HAMLET of SeuttRflyd vd BOXES 6 THROUGH S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) t - ADAPTATION Form 8002'-Bargain and Sale Deed,with Covenant against Orantor's Actsdndivideal or Corporation. (single sheet) 2 CONSULTYOUR LAWYER BEFORE SIGNINGTHIS HIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the &�h4 day of may,Two Thousand Nineteen BETWEEN Allen Ovsianik,residing at 618 Ridge Avenue,Ephrata, Pennsylvania 17522 party of the first part,and Allen Ovsianik,residing at 618 Ridge Avenue,Ephrata.Pennsylvania. 17522 party of the second part, WITNESSETH,that the party of the first part,without consideration paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Hamlet of Cutchogue.Town of Southold, County of Suffolk.State of New York described at Lot 2 on a certain map entitled, "Boundary Line Alteration prepared for Allen Ovsianik". Dated July 19,2010 prepared by John C. Ehlers,Land Surveyor,last revised November 3,2018.stamped by Planning Board May 15,2019. See,property description attached hereto and made a part hereof as Schedule A. This deed is being filed for the purpose of confirming the granting of the approval of the Southold Town Planning Board resubdivision dated April 9,2019 upon the map entitled, "Boundary Line Alteration prepared for Allen Ovsianik".Dated July 19,2010 prepared by John C. Ehlers,Land Surveyor,last revised November 3,2018. TOGETHER with all right,title and interest, if any,of the party of the first part in and to any streets and roads 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 anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first parr,in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 the cost of the improvement before using ariy part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part ha /my exec ted this deed the day and year first above written. / 1N PRESENCE OF: ALLEN OVSIANIK STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) On the Al-0 day of August, in the year 2019 before me, the undersigned, personally appeared ALLEN OVSIANIK personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. All— NOTARY PUBLI WILLIAM C.GOGGINS NOTARY PUBLIC,STATE OF NEW YORK Registration No.4963664 Suffolk County Commission Expires March 12,AO�'J- ALAN W. OVSIANIK SCTM No. 1000-097.00-02.00-016.006 METES & BOUNDS DESCRIPTION PROPOSED LOT 2 R-80 RESIDENTIAL ZONE BEGINNING at a point a distance of 226.14 feet east the southeast intersection of Main Road and Eugene's Road, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York: RUNNING THENCE along the Main Road North 43 degrees 44 minutes 40 seconds East a distance of 131.22 feet to a point; THENCE South 68 degrees 15 minutes 00 seconds East a distance of 220.48 feet to a point; THENCE South 26 degrees 1 1 minutes 50 seconds West a distance of 331.63 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West a distance of 50.18 feet to a point; THENCE North 26 degrees 1 i minutes 50 seconds East a distance of 144.47 feet to a point; THENCE North 50 degrees 34 Minutes 00 seconds West a distance of 215.09 feet to the point and place of BEGINNING. INSTRUCTIONS(RP-5217-PDF-INS)•www orps state.ny us FOR COUNTY USE ONLYrl o p G� New York State Department IN C1.awls code Lit"�/+,3.d 10 r / I Taxation and Finance C2.Date Deed Recorded I 04 GG /9 I Office of Real Property Tax Services /7 Ln/ RP-5217-PDF C3.Book I �,�, !/, I 04.Page I ,.a1 /, /ILq Real Property Transfer Report(8110) PROPERTY INFORMATION 1.Properly Z25 Eugeriam Road Location •al9rr7 aMmlfR •97REE1 NWE Sn:that d CuLallogue •Tlln i1r fOPIIY vaVr1 .Z-C WL 2•Bayer Ov:i a It t k Al lest Name - -- '.AS"LWL■,LvFANr Fl98TaMY- Wr-NN1FA:lA•Wr -_ ••• rear MME �• _..__ a.Tax Indicate where future Tax Bins are to be sent Bng it other than buyer add'osslat bottom of fpm) VST%WM0WPar E�9ST MYE Address ST93ETN4 W3ER---F ilr-G9-OM —• •-—•--- aha-.E- 4.Indicate the number of A-se.ment 1 Part of a Parcel (Only It Pan of a Parcel)Check as they apply: Ron parcel■tmnmb~on me dead 6 of Parcals OR i J dA.Plarmng Board with SubdMslpt Authority Exists 6'Dead _\ oft 1.011 413.Submviuion Approval was Required for Transfer Property •1Ir;N1111.1 •Ix'Ml- WRES I--I SFno 4C.Parcel Appmvod for Subdivision min Map Prmdod L l Ovrlik Al:::n 6.Setter %LES-tiWa+:w'EM hlsT hrWE Name As'tiW_r.'LWPMv F19e-NahF •— -•• •7.Select ilia description which moat abcuratey describes the Check the boxes below as they apply: use of the properly at the oma o1 note: a.Ovnrdsimp Type Is Condominium ❑ C.RvAdenlial Vacant Land 9.Now Construction on a Vacant Land ❑ 10A.Property Lowled vnmin an Agricultural District ❑ 109.Buyer received a dadomue nobcb undlcetng that the property Is In an ❑ Agricultural District SALE INFORMATION 13.Check one or mom of these conditions as applicable to transfer. �(( /� I A Sala Between Relatives or Former Rolativos 11V.Bak Contract Date if r1 B.Sale between Related Companies or Partners in Business C.One of me Buyers Is also a Seller •12.Date at SakfTranofw Q O 1 i D.Buyer or Seller is Gowmment Agency or Londng Institution F.Deed Type not Warranty or Bargain and Sale(Sptlruly Below) r.Sale of FraWMnal or Loss men Fee Interest[Specify Below) •17.Full Sale Price U-fel _ G Significant Charger In Properly Bpwmn Taxable Status and Sala Uites H.Sate of Business is Included In Soo Pow 1 run Sale Price is the total amount pad for the prop"Including personal properly. I Omar Unusual Factors Affecting Sale Price(Specify Belowl This payment my be n mm e forof cosh,other property or goods or the assumpfmn of J.None mmlgagos;or oVnLr obligations.)Please mond to me nearest whole dollaramodef Comment(s)on Condition: 14.Indicate the rake of personal .1X1 property Included In the sale ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax&II 16.Year of Assessment Roll from which Intomation taken(YV) '17.Total Assessed Value 116.Property Class '+11 _ _- •19.School District Name 120.Tax Map ldontfkr(syRoll Ids'.Starts)(t mom than four,a each sheetwlth additional Idenphr(sg !4o4-os-7-2.epiitY"06 /" -097,a_O-Qac W -0/0,WV CERTIFICATION I Certify that all of tiro Items of Information entered on this form are true and comet(to the beat army know go and belief)and I understand that the making Worry willful lielse statement of tort I fact hen ub)ebt me 10the-prpvletona of the pensl,law,mistive to the making and filing of fake Instruments. LI,�13$IQNATURE BUYER CONTACT INFORMATION . order Weirrrdle•h Int fie Aryl.Nora rl buyer a LLC-,.asaoealw.corpr- ornn,pan YOCErr r ",MYw or Ny dl a rid aE lnddomd miler.or tamely.then a na'm 1ho TandO moinown o1 an I'wNd4aJnmponaela MFIV au+■Rmewa r52malePIMM1 eaw-wMEMMlMd.Type orprint dully l sELLE1 h ml WI: �U1(EIZ$IQNATURE Ovsianik el::rTI •1 Y:r.4Y-e — FwSi New EEF•L'111x •'LLEAIbfE N�1EFRrM1 Yiaelral AA e9 BrrilEfUR- MTr 6ic Ridge Avenup •mlmlrMwWR — 5-lilic w Ephrata PA _7522 -.'1'v MTDYW •a TATE '7h--41 BUYER'S AUORNEY Gogg-,ns ixi11iain :.'. AST HN 'Par— (631) Palwin(631) '96-4319 WEA CZME -• .1.LwiOha v.Wrarr}sa9E9an '-- r 1 I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 10/20/2020 Number of Pages : 4 At: 03 :07 : 59 PM Receipt Number : 20-0165789 TRANSFER TAX NUMBER: 20-07713 LIBER: D00013075 PAGE : 001 District: Section: Block: Lot: 1000 097 . 00 02 . 00 015 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $700 , 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5.00 NO NYS SRCHG $15 . 00 NO EA-CTY $5.00 NO EA-STATE $250 . 00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $11,000 . 00 NO Fees Paid $11,520 .00 TRANSFER TAX NUMBER: 20-07713 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County t ❑❑ Number of pages RECORDED 2020 Oct 20 03:07:59 PM JUDITH A. PASCALE This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY L D00013075 Social Security Numbers P 001 prior to recording. DT# 20-07713 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County_ Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit ��Ds. �� Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total d If NO,see appropriate tax clause on a e# of this instrumienl, T 20039510 1000 09700 0200 015001 V 4 Dist.. 1000 5 Community Preservation Fund PTS ' Real Property R SMI A Consideration Amount $3 � � CW Tax Service 15-0CT-2 Agency CPF Tax Due $ Verification Improved G Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Y TD 10 FRANK BLANGIARDO ESQ 333 MANOR LANE TD RIVERHEAD NY 11901 TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Compart.1 Information 310 Center Drive, Riverhead, NY 11901 Name Chicago Title Insurance Services LLC www,suffolkcountyny.gov/clerk Title# 7404-008183 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) ALLEN W. OVSIANIK The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold FIRST SOUTHOLD REAL ESTATE CORPORATION In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 110104..10108kk Page 1 of 4 (over) Form 8002—Bargain and Sale Deed,with Covenant against Grantor's Acis—Individual or Curporadon(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. N.Y.S. REAL ESTATE TRANSFER TAX $2,800.00 THIS INDENTURE,made the 30th day of July ,in the year 2020 BETWEEN ALLEN W. OVSIANIK, residing at 618 Ridge Avenue, Ephrata, Pennsylvania 17522 party of the first part,and FIRST SOUTHOLD REAL ESTATE CORPORATION, a domestic corporation having its principal place of business at 290 Breitstadt Court, Southold, New York 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lyingand being in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York, being more fully described in Schedule A which is attached hereto. Being and intended to be the same premises described in a deed made by Allen W. Ovsianik and recorded August 6, 2019 in Liber 13022 Page 980. logo 15toa 1 TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads 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 anything 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 the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: 4/ Allen W. Ovsianik Page 2 of 4 SCHEDULE A ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue,Town of Southold, County of Suffolk,State of New York described as Lot 1 on a certain map entitled,"Boundary Line Alteration prepared for Allen Ovsianik",dated Jury 19,2010 prepared by John C.Ehlers,Land Surveyor,Last revised November 3,2018 bounded and described as follows: BEGINNING at a point formed by the Southeast intersection of Main Road and Eugene's Road,in the Hamlet of Cutchogue,Town of Southold,County of Suffolk,State of New York; RUNNING THENCE along the Main Road,North 42 degrees 12 minutes 00 seconds East a distance of 136.14.feet along Main Road to a point; THENCE South 50 degrees 34 minutes 00 seconds East a distance of 121 feet to a point; THENCE North 42 degrees 12 minutes 00 seconds East a distance of 90 feet to a point; THENCE South 50 degrees 34 minutes 00 seconds East a distance of 94.09 feet to a point; THENCE South 26 degrees 11 minutes 50.seconds West a distance of 144.47 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West a distance of 272.62 feet along Eugene's Road to the point and place of BEGINNING. Page 3 of 4 ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York County of Suffolk,ss: On the 29th day of July,in the year 2020,before me the undersigned,personally appeared ALLEN W.OVSIANIK,personally known to me or proved to me on the basis of satisfactory evidence,to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that(he)(she) (!hey)executed the same in(his)(her)capacity(i%),and that by(his)(her)) signature on the instrument,the individual(s)or the person upon behalf of%Nho the indi�1(6) executed the instrument. Nota Public kj�l .d , ��kL RICHARD F.LARK Notary Public,State of New York ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE No.02LA7432500 Qualified in Suttolk County State of New York County of ss: Comm.Expires August 31,20.L1 On the day of ,in the year 20 ,before me the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence,to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that(he)(she)(they)executed the same in(his)(her)(their)capacity(ies),and that by (his)(her)(their)signature(s)on the instrument,the individual(s)or the person upon behalf of which the individual(s)acted, executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of County of ,ss: On the day of in the year 20 before me the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who being by me duly sworn,did depose and say,that(he)(she) (they)reside(s)in ;that(he)(she)(they)know(s) to be the individual described in and who executed the foregoing instrument;that said subscribing witness was present and saw said execute the same;and that said witness at the same time subscribed(his)(her)(their)name(s)as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE State of County of ss: (or insert District of Columbia,Territory,Possession or Foreign Country) On the day of ,in the year ,before me the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence,to be the individual(s)whose name(s)is(are)subscribed to the within instniment and acknowledged to me that(he)(she)(they)executed the same in(his)(her)(their)capecity(ies),and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument and that such individual made such appearance before the undersigned in the city of State of BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. FRANK BLANGIARDO ESQ 333 MANOR LANE RIVERHEAD, NY 11901 ALLEN W. OVSIANIK to FIRST SOUTHOLD REAL ESTATE CORPORATION District: 1000 Section: 097.00 Block: 02.00 Lot: 015.001 Geanty er Town: Southold Distributed By Chicago Title Insurance Company Page 4 of 4 INSTRUCTIONS(RP-5217-PDF-INS):vrww.orps.ldalemy.us FOR CFOUNTY USE ONLY u� 1 New York State Department of C1.BwIB code I -7,3,,',�!!``�l 1� I —f Taxation and Finance C2,trete Dead Recorded I 10/201 Zdb I Office of Real Property Tax Services !� �R � •- RP-5217-PDF I / C8.Book ,•3n VI 7,S/.J I C4.Page I „tC•�_ 1 Real Property Transfer Report(8110) PROPERTY INFORMATION I.Property 32930 Routo 25 Locdhm -RTRFFTM MFR - ��- -•_• •51 HLI,I NAIL Southold cutchogue 11935 •CnMM ca Iwm vsuwL •n-COLO, 2.Buyer First Southold Reai estate Corporation Nems 'IrTNAIErCOYPANY FIRST IIAYF IAeI NAY RdIPAIn FIMI Nal -- -'- 3.Tu Indicate whom knure Tax Bits one to be sem BMing tt other then buyer addr"d bottom of form) LAST NA1arC0APMIY PIRST NAVE Address SIMFAI MiusLN AMINAM. C.IV OR 70NN STATF ZIP CODE 4.Indicate th munha of Ae Mrh 1 e d pamdo OR ❑Pah of a Paroai (Only N Part of a portal)Check n dley apply: E]Roll Pascale tre win stl on the dead 4A.Plennag Son with Subdivision Authorily Exists a.lkrd x OR _0.32 Property 'FRONT FEET 41s.Subdivision Approval was Required Tar Tlas dor ❑ $� •Of:PiN 'ACRES , 4C.Parcel Approved ler Subdvlsiod win Map Provided ❑ Ovsianik Allan W. L Seller •con NAWCOMPAMF —_--- __ a1M Ilasl NAML N LAST NAIE00rPANY FRFF wwF '7.Behind an description which most accurately describes On Check dr boxes below M they apply: use of the property at the Uma of sale: &Ownership Type is Condominium ❑ F.Commercial a.New Constlutsorl on a vacant Land ❑ 10A.Plaperly LOrated wdNn an Agnollurd Dndrial 108.Buyer received a disclosure notion Indicating VM the praparty in in an Agricultural District ❑ SALE INFORMATION 1a.Check ate or mon of these C loons an applicable to transfer: A Sale B*awn RalsoasnorFormer Rdadvn It.8da Cambmd Date 04/27/2020 B.Sale balwesa Rained Companies or partners in eusiMas. C.OM d On Buyers Is dao a Seiler •1t Dab of S@Wrraosfor 07/30/2020 D Buyer or Seller is Government Agency or Lading Inolledw E.Does Type not Warranty or Bargain end Sot(Specify Bolow) F.Sols of Fractional or Leu than Fee Interest(Specify Below) •13.Full Sale Prim 700,00 0.)0 G.Sign&=.Change In Pnlpslry Below Taxable Status and Sob Datas H.Sale Of Business a Included in Sok Price (Full Sale price,Is the total smCUTd paid for the property Including personal property. I.Other Unusual Factors ANsmrg Sok plica(Specify Below) This payment may be In the farm of calm,other property or goads,err the aeeumption of J.mom mortgages or other obligations)weave mural to Ihe rea isd whole tlasar amount. Camllem(IA an Condition: 14.Indicate the value of personal property Included in the este AX) ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Vow of Ass nt Roll from which Information taken(Y1f) 19 '17.Total Assessed Value 7,500 -18.Property China 432 - 119.S~Dwat Name Mat-LiLuck-Cutchogue UFSD •g0.Tax Mop IdadMsr(ayRRoN hhmdfln(s)(If mors eon four,allnh abed with addhbMl kiamMas(a)) CERTIFICATION I Certey that all of Ws Ibnte of information angled an this form are,bus she Correct Ito the best of my knowledge and ballon and I undsmtend Unit dna making of any w Oul few sbbmem of into at fid Im)rslh su*d me to the pryyJ0100L0(Jhg 0000LMyy rolaU.a to the makkq and Mkg of files losbumsnb. fl// SIGNATURE BUYER.QQNTACT INFORMATION dnw rdamalo,for the buyer.Nola:N buyer h LLC.sosamy,rrdsam.ootpweesl,pia slow.Larearry,esws P �- '� Why Ihw h not so iehdral epw¢tr ralosry,men■nems we carrier a1MmU&fw d m r*A"napmebb TMriy•Asar PwRwrquabL roger*gtineweMMmoatboantAmd.TypeerPlod alrwy) 7/9p 2020_ SELLER 5 w1A11Aa LAIE Ak SIGNATU Killian Margaret A. -Wil NAIL FIRST NATE O (631) — '134-6610 w7E1va,DF" •IusnsNaN,adrRM•rrwael SUMMER 84Nw7uRE DATE 290 9reitstadt Court 'STIMATHUMNA 'SlrLrl MAW SOULhold NY 11971 •D-ITW Tom 1TATF 'bPCODE BUYER'S ATEHM 3larigiardo :rank I ART NAME 1 MT NAL! 16311 _ 566-1695 ANLACOOL 1E,k:-oo MNaLNIU YWlrrrl I N BOUNDARY LIFE ALTERATION N W+E S 9qL-PARED FOR ALLEN OVSIANIK e d 517VA 775- W /11 E GUTGH06UE TOV4N OF SOUTHOLD S SUFFOLK GOUNTY, VIEW YORK /a MAPPED JULY I q, 2010S68o7 , GQ�e 9 r For S� � ®1y Mgye e/,/, op. SUFFOLK COUNTY TAX MAP NUMBER ~ e 4-80 1000 q7 2 16.5 a� of 9 � T��® 1000 - q7 - 2 - 15 Y FIRE DISTRIGT No. 2q48' 8 MAR 0 4 2019 SGHOOL DISTRIGT No q Southold Town Planning Board APPLICANT: GEN E OWNER: S RO ALLEN W. OVSIANIK "10 yP�; �° \` ` g6,SOrt 22° �0 618 RIDGE AVE. ®� 3' \°\ �� '0&9 §-6 ----- EPHRATA, PA. 17522 0, 00"a ,0" ` '9CRFS � o X , A00', -` moo ^� ----------------- - oq% \(0,� V, ��� e��� ^QQ ®c / �� KEY MAP =6009 o SFV) \t,/_sow ---------------- --� LA l�. •yr Ste, �// /Sr lbs•. \�� O 2,��r� ib Al J et iy b q/ N ding F k� v > �° n J �s,�nq °"�, ?'� �o yt 091 dIzz s eaye of�o=me N68 42, �t 49 S p 180„ 0„y AlugeoL P EXISTING TH1515 TO CERTIFY THAT TH15 5UBPIV1510N PLAT HA5 BEEN APPROVED BY THE PLANNING 10' X 150' VEOETAT1 VE BUFFER TO BE PLANTED AS FOLLOWS PROPOSED BOARD OF THE TOWN OF 50UTHOL1?BY RE50LUTION DATED, TWO (2) STA666ERED ROWS OF NORWAY SPRUGE EVERGREENS 6-7 ' TALL AT 10' ON GENTER LMvthorzed°Iterotbn a oddiNm to a sway mop bearNry a Ilcensed laird eweyor z seal s° PATE: -- BY: — ALL BUFFERS MUST BE MAINTAINED AS DESGRIBED New York State EWcatran Law' 'Cnl^c°ples from"+e arigtral of this z�rvey NOTES: m° ed wtn an°gmai the lea z„r ep.z ADDITIONAL IMPROVEMENTS TO THE PROPERTY, I NGLUD I NG ADDITIONAL PARKING BEYOND THAT EXISTING AT sta edea. rl °ansid°red to °,d F,es' THE TIME OF THIS APPROVAL, AND/OR BUILDING ADDITIONS, REQUIRE SITE PLAN APPROVAL BY THE PLANNING BOARD Prt,r,ca t^dl a ed�re�e,gMty that tnls y was prep.xed.n fhe ex- htirg code of ffia..-tke 1 adapted t`y!rye New Ymk State Assoc btbn off�raFerskmal TOTAL AREA = 7q 577 S.F. OR 1.526(1 AGRES Ey..rz xnd ertifkat M l r°n only �ntry�s�,TT--' t°the perz.•n for wncxn the survey is preps-ed. k»hnlf to the title can,pany,governmen- '?r.`; "I HEREBY GERTIFY THAT THIS MAP WA5 MADE BY U5 FROM AGTUAL 5URVEY5 wi ag°n�y a d--q t, rmt tnt a os ed her°�.and THIS PROPERTY 15 SUBJECT TO GOVENANTS AND RESTRI GTI ONS DATED APRIL 26, 2018 AND FILED I N THE ' ��k . sv °'` =F a tt,e a zees at tn.. °- GOMPLETED FEBRUARY 20,2008 THAT ALL CONCRETE MONUMENTS SHOWN THUS:® Revisions: a e at tr�=ter�.l W od dbml nsl Rutl fY;.•''.�i G, EI�� A HEREON AGTUALLY EX15T AND THEIR POSITIONS GORREGTLY SHOWN AND EXISTING PARGEL 15 = 15(175 S.F. OFF I GE OF THE SUFFOLK COUNTY GLERK ON MAY 5, 2015 IN LIBER 12g60 AT PAGE -77 ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. 06-07-2012 JOHN C. EHLERS LAND SURVEYOR EXISTING PARGEL 16.5 = 65,602 S.F. n.�'} , ' 06-10-2015 p yR' 12-08-2016 P = N.Y.S. LIC. NO. 50202 R...;. = r f' 11-12-2017 6 EAST MAIN STREET GRAPHIC SCALE I"= 40' 11-50-201-7 PROPOSED LOT I = 52,(174 S.F. OR 0.7570 AGRES � ��� 08-05-201a 1 369-8288 Fax 369-8287 -_t Lim U71 _1111M RIVERHEAD, N.Y. 1190 - - 11-03-2018 PROPOSED LOT 2 = 46,605 S.F. OR 1.06gq AGRES 0 40 80 120 JOHN G. EHL N. .P. .5. LIG # 50202 REF—C:\UsersUohn\Dropbox\05\05\05-299 Updated 09-05-2018.pro -- ---- b/Y201D WOD.'6V1 GY4�s�M�I•A'apboa•ODOAO}29Vb040S201Epre N NW+E BOUNDARY LINE ALTERATION s FREPARZV F-OR ALLEN OVAIANIK we � E -5/WA Mr GUTGHOOUE TONN OF SOUTHOLD s SUFFOLK COUNTY, NEN YORK DQ�;q� �qna 00 MAPPED JUL-( Icl, 2010 ------ S108 '00'�'7 N- �®14T yellers y op: SUFFOLK COUNTY TAX MAP NUMBER 1000 ci7 2 16.5 1000 - G7 - 2 - 15 ® ' Q) . FIRE DISTRICT No. 2cl 22048, SCHOOL DISTRICT No ci -- -------------- APPLICANT: u S RO OWNER: + 2-2 0 ALLEN N. OVSIANIK 0 618 RIDGE AVE. tDZO O EPHRATA, PA. 1-7522 0 7*,p 0 C�Ll 11 N, 0 O0 - A 7, 6101, -- 0 --'-Z�l------------------- 0 6 -1 - "o 00. 4�0 --z 0^ aj 0 ------- ----- 00 -------- 0 Z =Y MAP �pc-- j2j ✓ 6W --- 3K ON', #,o 0 1, 0"ti 0 6' 4.2 0+ 0 ........... 0 IV 'V X O'S8D ------- 407-1 0 0 Or -21 U) 0 ------- --- 4� 272 -Z, 91 6 ------ --------- 8 42'40,, eHy -k-80 Is lkoad TH15 15 To GERTIFY THAT TH15 5MVIV15ION FLAT HA5 BEEN APPROVED BY THE PLANNING EXISTING PROPOSED 'load BOARD OF THE TONN OF 5"OLP BY RE50LUTION DATED, li�', Vo, DATE: 13Y:— _ ` _d._..(...p .._...,.., _�k J�...,� DLC L 7 2017 NOTES: 1111Zn of—11—ll—, 2,lf N—Y—5t—E-1—Low TOTAL AREA -7ci,5-7-7 S.F. OR 1.026ci ACRES IO' X 150' VEGETATIVE BUFFER TO BE PLANTED AS FOLLOWS EXISTIN6 PARCEL 15 = 13875 S.F. TWO (2) STAGGERED ROWS OF NORWAY SPRUCE EVERGREENS 6-7 ' TALL AT 10' ON CENTER N HEREBY CERTIFY THAT THIS MAP HAS MADE BY US FROM ACTUAL SURVEYS COMPLETED FEBRUARY 20, 2005 4 THAT ALL CONCRETE MONUMENTS 5HONN THUS: EXISTIN6 PARCEL 16-5 = 65,602 S.F. HEREON ACTUALLY EXIST AND THEIR P05ITION5 CORRECTLY 5HOV4N AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. PROPOSED LOT I 52,cl-74 S.F. OR 0.75-70 ACRES Revisions: JOHN C. EHLERS LAND SURVEYOR 67RAPHIG SCALE I"= 40- 06-0-7-2012 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 PROPOSED LOT 2 46,603 S.F. OR I.Cbcfcl ACRES 06-10-2015 �=7 12-08-2016 vRWERHEAD, N.Y. 11901 369-8288 Fax 369-8287 r-=7� 6; �, t " 11-12-201-7 PF,OPO!5EP BEARINGS AND DISTANCES SHOWN IN THIS FONT A, c11-30-201-7 0 40 80 120 JOHN G. EHL� N.Y.P.L.5. LIG # 50202 REF--C-:\Users\John\Dropbox\05\05105-299 Updated 11-12-2017.pro ti. N N W+E BOUNDARY' LINE ALTERATION T*rFIGAL PLOT PLAN s PRFPARE0 FOR eno o scale L� s LLEN OVSIANIK ,^/ ROAD r u r r E EXISTING WATER SERVICE r C sirUA rE 5'MIN DEC C9 ?Q16 GUTGH06UE 10' � J =M� So,,jn;n Boar TONIN OF SOUTHOLD S Plaitining Board §� house SUFFOLK GOUNtT)", NEN 'FORK /a�• �4na C'4rh(��oW MAPPED JULY Iii, 2010 n' ?? s68015'0 0'Ioh� 4ye eryly op• SUFFOLK GOUNTY TAX MAP NUMBER ,PO�.� ~ 8 Rio 1000 — Q-7 — 2 — 16.5 1000 — Gi 1 — 2 — 15 cis FIRE DISTRIGT No. 2Gi sA °°�� �® ° SCHOOL D I STRI GT' No q 0 OC,)/ 0 -------------------------- SEPT I G SY5TEM DETAIL APPL I CANT: �b, \\ NOT TO SCALE CAST IRON FRAME AND OWNER: ® \ ` , �;,�,, AND 4YERS TO BRAVE , � � , DOVER TO GRADE 2,2, /' `\ , 34• ` M�COIAYGMEYS Y O� LHMAX R�Y 5HALLOW ALLEN W. OVSIANIK �' c\Q3� °� \\ Pkon_ /J��D 20______� /'/' MNNqPITCH 6PIPE MMIM IPI��T 114 PER FOOT 7 m618 \ EPHRAAE PAVE 17522 VO \° �Oo \\\ ` (O L MIN.4•DIA PIPE c7 \ / MIN. ■®®® 1000 OALLAN — �® \?O. / MONOLITHIC 5EPiIG TANK �'1]J3I1 C 7• ' 001, G 900 5F. MSIM AL Q % ti� REMOVE 14 ERVIOUS 50ILL HTHHINAREA 31 HORIZONTALLY AND ALLY. 3 y o O BACKFILL NTH GLEAN MATERIAL. / � S'MINIMIM SEPARATION FROM ` p^ \\ / SEASONAL HIGH 6Rp1D WATER O �� ��'�.� �< � ° ------- SEASONAL HIGH -7 \,�� -1'� /• GROUND MATER 1 A10 TEST HOLE o o° s ° McDonald Geoscience 16 eo/ op .O° w° KEY LIAP 3-15-2010 \� t�I c �' \\ ° 1 it 6009 EL=14.4 0.0AOo o �0 c DARK BROWN oti� � �% O < �4Q /\/ / 40, 13.4 LOAM — OL ®� _ _ c�,- off% "PA/ L�� �� / / cF 1.0 Imo' `,� , v `\ -q ` ------ o�wo SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES N age,New York BROWN CLAYEY SANDr� JB ° \� S C \ \�\ 6�, S�NtCs NF / c This is to certify that the proposed Realty subdivision or Development 10.4 4.0 �,�� \ "ry \" S=0 �. ti h0 0 forwitha total of lots was M the � St ,, ,�. o ° LOCKING LOCKING approved on the above date.Water Supplies and Sewage Disposal /3 / "ti C.I. COVER C.I. COVER LOCKING Facilities must conform to construction standards in effect at the time of e 4�z o TOP EL.=15.0 TOP EL.=15.0 BROWN FINE ;� < 4� N BUILDING C.I. COVER construction and are subject to separate permits to those TO MEDIUM � n,• ;" 9 � FLOOR EL=15,5+ 8"PRECAST TRAFFIC TOP EL=14.0 standards. This approval shall be valid only if the real " 0' BEARING SLAB subdivisio>n/devel is filed with the Clerkwithm \ `ax, PRECAST County SAND — SP rte , `ax. Q / = + CONCRETE CHIMNEY °� is given fo1 g �P _ _ GRADE EL 15A year of this date.Consent the film of this � `�"�� 4' �0 HOUSE TRAP t.00' MIN on which this endorsement appears in the Office of the Comity Cledc in `'x• p4 `"k. a 8"PRECAST TRAFFIC accordance with pro ons of the Public Health Law and the Suffolk WITH C/❑ 2.00' MAX GRADE E =14.0 BEARING SLAB Seri Code \ A :� /St_ ° INV=13.3 1=13.8 gty5' 0 O / 1.00' MIN HIGHEST 2.9 11.5 8M " 272 7 , ^� a 4" DIA SDR INV=1 - 2.00' MAX E1=128 V1TOA.NIMMP.B• q/ 7 6 F W NE co INV=12,3 D � ��� �� EXPECTED GW WATER IN BROWN + °", 5 _. e> �� 0,1 BUILDING SANITARY 35 PVC Q°�r�' PIPE @ 2.00% FINE / cyb TYPICAL `O iv INV=11,9 TO MEDIUM IV SAND — SP _ �o 4' DIA PIPE @ 1.00% LEACHING POOLS 9 __ �e N68 4---12------------------------ SEPTIC TANK " , 2'Sf®„ 1200 GAL TYPICAL 2— 8 DIA x 6 DEEP 18.0 — 401,50.18, EL=7,9 " Z®N 4-80 EL=6.2 VIA GROUNDWATER EL=2.9 THI5 15 TO CERTIFY THAT THI5 SUBDIVISION PLAT HA5 BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF 50MLO BY RE50LUTION DATED,_ _— SANITARY SYSTEM INVERTS NTS DATE:— ------- BY:--- ---------- NOTES: 'tM,r[horized alteratln o addition ,ey map boanng° en,ed raw_ +ayor•t° ss 1 tion F ection-ICf9,b-di.11° ea , New Y°rk Etate Ed"cation Latw' ^only<op-cram thl,,wrey ked wmh an arglna or me land, r°yar; stamF n,°al shau be<.:n,idered m eye Sana o-oe EXISTING SEPTIC TO BE REMOVED AS PER I HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR SEWAGE DISPOSAL 5Y5TEM(5) "GertlFk aHans mcbwted hereon°Ignlry Lt-tM, FOR THI5 PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A prepared --d--.10 al Apee- S.G.D.H.S. STANDARDS ln,<adearFra<LI<efarLand_ ed by Lhe II ry York Stale As,ociation efVProfe„lanai x - CAREFUL AND THOROUGH STUDY OF THE 501L, 51TE AND GROUND WATER CONDITIONS,ALL and rreyar, ”—<ert'f'" ,—11—`"'y W the per,on For whom the surrey Is prepared, II and on his Fehalf to the L-company gae.nmen- LOTS,A5 PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM AGTUAL SURVEYS a agency and lewng Inst'Wt—Il,ted hereon,and TOTAL AREA = -7q,5-7-7 S.F. OR 1.826q ACRES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. COMPLETED FEBRUARY 20, 2005 4 THAT ALL GONG O UPIE T5 5HOWN THUS:® °m°°s'9neesaF "°°'nginsuwu°^ °ert""°- an,a e e ad,L.nal In t,t,t°n, HEREON ACTUALLY EXIST AND THEIR POSITIONS GO GTLY+SHq; AND PROPOSED LOT I = 52,cf-14 S.F. OR 0.-15-10 AGRES ALL DIMENSIONAL AND GEODETIC DETAILS ARE G T. C.°"'� Ey`F�0 \ ReV�5I0n5: JOHN C. FREERS LAND SURVEYOR I '` R., „•+ 06-07-2012 GRAPHIC, SCALE 1 = 40 ;: r N.Y.S. LIC. NO. 50202 PROPOSED LOT 2 = 46,603 S.F. OR I.06gGi AGRES ,—� 6 EAST MAIN STREET r� 06-10-2015 12 RIVERMAD, N.Y. 11901 -08-2016 369-8288 Fax 369-8287 PROP05ED BEARINGS AND D15TANCE5 SHOWN IN THIO FONT O 40 80 120 r# 50202 U CF,[tiD SEPTIG DE51ON MICHAEL D. MAPES N.Y.5.P.E LIG. #- ____ JOHN G. ER 0501 t, iRS N.Y.P.L.S. LIG j REF—C:\UsersUohn\Dropbox\05\05\05-299 Updated 12-08-2016.pro v1]2,YJM 1.M,OM1 FWwsbinWcplm"O'JGG6]M L�M.d 13-PTI-]°Mpv N N / 0 / F p DAVID A GAMBERG £ MAYELLEN SULL GAMBERG ZONE R-80 ' 4 EDGE OF PAVEMENT NosR S 68015'00"' � :. zz 24 20 a2 / �X 18 2 / x /' I UGENES ROAD / x �p F+1 ,DO - - , , - - - - - _ _ _ - / % I ° PROPOSED LOT 2 2° CQ G� ZONE R-80 , x O 16 �tiF i -18- - - \ I i I 20, rn /r VE��T�TE - - O x NSO° , oe�FF _ _ _ - - - - � CESSPOOLS ER - _ _ - - - - I M O WELL OO I I,, , y I I 0 21 .120 KEY MAP WELL 0 /s s SOo \\i6 \ ` x O SCALE: 1" = 600' ,vo O p 94��00�, EE��oT��� , x -`�-n N / O / F ..I N / 0 / F O � ONF) ° CHRISTOPHER STORM & W MARIO R.ABATELLI f7 �l /� �� �� / � SHARON J. STORM (1)811 dia x Ion.deep x ZONE R80 SITE DATA p., r� MI LDRED S.ABATELLI /e DRYWELI,CATCH BASIN �� :` w I SCTM No.: 1000-97-2-16.5, 1000-97-2-15 o _ _ t XO w S — ' — — — — — 3 0 Z Q x so° 20 a O P �x 3 1 I LOCATION: AREA LOT COVERAGE: W _ - 4 OO�/ o O ASPHALT (D o x a r 0 - _ _ CESSPOOL ^/ 2, rn PARKING `J' o v - - 1 10 O > AREA �, 5 t PROPERTY (LOT 1): 32,974 SQ FT. 0.7570 ACRES „ W o O - O O (1)8ft dia.z lot deep J 0 rT, DRYWELL•CATCH BASIN —'1 4 �' PROPERTY (LOT 2): 46,603 SQ FT. 1.0699 ACRES (1)8ft dia x 10f,deep _ _ — 23 ••'• (� 0 t (p�ftda.BRlle p� DRYWELL EXISTING % DRl'WELL ° �� LOT LINE V)8DRYWELLd.p _ PROPOSED LOT 1 0 0 TOTAL AREA 79,577 SQ F1. 1.8269 ACRES CESSPOOL ,- `'� .,,_, r __ -PJZQPOSED ZONE B 4 I V SHE ! - °� -� _ _ _ x EXISTING BUILDINGS: 4,790.08 S FT. 14.5% (LOT 1) p O / �, x .` � .60' w 14 _z _� AREA OF PAVEMENT: 16,000 S FT. 48.5.% (LOT 1) V ;y. WELL = ^�' �� o (1)8ft dia.x loft deep O O O 0 ,v0 ° , CONS. N N DRYWELL,CATCH BASIN AREA OF LANDSCAPE: 12,183.92 SQ FT. 37.0/ (LOT 1) O i 1 STY. RAM , STOOP 1 S '. METAL BLDG. 00 .'�'.; n m N BUILDING D N - . ` d0 p ! 12 AREA OF LANDSCAPE: 46 603 S . FT. 100`/ LOT 2 V ON SLAB ° ° , O Q c ) 87' 13 0 . - ' 12 `°"` `°"` `°"` _ PARKING CALCULATIONS p,! 44.8' (1)Bft dia x 1OtL deep PROPOSED 1'MIN. _ WATER MAIN � % ASPHALT , 14 DRYWELI,CATCH BASIN i D.I.® t' PROPOSED j PARKING 4 REQUIRED PARKING (TOWN CODE 280-77, 280-78): x. WATER METER AREA p( i - 1 1 E E E- ' �F E E Ei,� E E E E- E E E- - - - - - - - OFFICE SPACE: 1 / 100 SF 2 N 68 42'40" W 272.750' - � WN 68°42' O" W 50.180' www — w- w- w— www �v— w www-- AUTO REPAIR: 1 / 200 SF 12 16" WATER MAIN STORAGE BUILDINGS: 1 / 1000SF 3 EUGENE'S LANE �/VF EMPLOYEES: 1 / EMPLOYEE 3 TOTAL REQUIRED: 20 ZONE R40 TOTAL PROVIDED: 23 VACANT DRAINAGE CALCULATION S ASPHALT DRIVEWAY AND PARKING = 16,000 SQ FT. w 16,000 SQ FT. X 0.17 X 0.6 (C 2" RAIN PER HOUR) = 1632 C. F. 1632 / 42.24 (8' DIA RINGS) = 39 LF PROVIDE: (4) 10' DEEP 8' DIAMETER DRYWELLS SITE ��,atN LOCATION: AREA 2" RAIN / 1 HR.: DRYWELLS REQUIRED: DW CPACITY: DRAWN BY: MH SCALE: 1" = 30'-0" BLDG 1 ROOF AREA 1886.08 SF 315.0 CF (1) 8ft. dia. x 8ft. deep 338 CF 5/13/2016 BLDG 2 ROOF AREA: 2520.0 SF 420.84 CF (1) 8ft. dia. x 10ft. deep 422.5 CF STORAGE ROOF AREA: 384.0 SF 64.13 CF (1) 8ft. dia. x 2ft. deep 84.5 CF SCALE: SEE PLAN SHEET NO: MEETS & BOUNDS BY:JOHN EHLERS, SURVEYOR MAY 1 6 2016 DATED: J U LY 19, 2010 Southold Town t • Planning Board p, _ � s i N N w E BOUNDARY LINE ALTERATION TYPICAL PLOT PLAN PMEPAREP FiOR not to scale ALLEN OVSIANIK ROAD WE EX15 TING WATER 5ER NICE 5/TUAMr / r MM GUTGHOGUEx YMM TONIN OF SOUTHOLD S (louse SUFFOLK GOUNTY, NEN YORK ate,/a MAPPED JULY I cf, 2010 5UFFOLK COUNTY TAX MAP NUMBER 1000 - q7 - 2 - 16.5 1000 - q7 - 2 - 15 FIRE DISTRICT No. 2q 2.20�' � s r o 5GHOOL D I STR(GT No q 0 %" " ?n ,rl�,�k� `. �� _-- '' • 5EPTIG 5Y5TEM DETAIL ADPL I CANT: 2 \ ,f! �~t , NOT TO SCALE GEN OWNER: 9 \ M d `A'�� /J R ;\ ALLEN W. OVSIANIK �' WSJ �. •� \ \ ® ,� ---- 22 *:Mi''°`, ; �» 7 MAX 3NALLOYI Q'0 618 RIDGE AVE. do •�• \\ f'p�� - �o--______ ��. MK4 qA ry,� rM4i+1 ooze EPHRATA, PA. 1-7522 V/VI- , f� -- / owaftimt, -- a3RM TAW. 300 3.F. •------------- ARA AREA 3MIS VGTGAl! MMINT MreKwoSo "T"N &AC*rLLL MM CtSW MA,LR — ria+ (� xw�rAw"Awndwar� O0 0 o, vMiec '�"�Yf < d4' Q On HOLE r .......... McDonald Geoscience rb `' �` 47y '//, `'� `'� =MAP 3-15-2010 j? c \ EL=14.4 0.0 % ` �S$°o �` r I? \ • DARK BROWN {� Q o{miF Q 13.4 LOAM - OL 1.0 �"� t� wt�'" ,.Q�'�p 5 4 '' • k w 16 i► / Al SUFFOLK COUNTY DEPARThOW OF HEALTH SERVICES -. Np Bwpp@%%Naw York �P 1 PJB r b BROWN CLAYEY SAND f �B(fsF 2p� S C �;' �'+•�`' ��` ,. '" ,'~`�B Q j �` / �` 'I>W is b�tha t1r pcapoaad ltaaity Sabdidrian ar Da�alopmeat 10.4 4.0 �,�N� \ ��/ES�F with a total at lob w�ai -�NG'LON S ti LOCKING LOCKING �} an tf aborya doh Water Sapplinnd '� ��� ati C.I. COVER C.I. COVER LOCKING �mo�tcaatieranb000Mtucdanathodmdsiadictatthetimeaf BROWN FINE " "'rMr F �// BUILDING TOP EL.=15.0 TOP EL.=15.0 C.I. COVER 000Mwclion wd m vAjw b umm p�mits punt to dw" i `� FLOOR EL-15.5+ 8"PRECAST TRAFFIC TOP EL.=14.0 wna.Iaa. •thi. anal idl be valid ontjr if dr TO MEDIUM + N a �. BEARING SLAB PRECAST ' \ aoa year of 1>Yis daM.Caawia L iby given for dw ffft of e Mw SAND - SP --- - --_ ., GRADE EL=15.0 (< CONCRETE CHIMNEY • an which thio I is tba O>ma of tlr Oaoty Clams in �"•'t �.►,� HOUSE TRAP 1.00' MIN GRADE 8"PRECAST TRAFFIC aocot in" with alba lab&Raft Taw'm aw'm tha 'oNolic }t' " /6 .,,, o� a., /4 WITH C/O INV=13.3 2.00' MAX t=13,8 = 4 BEARING SLAB Ca Ndy3mbwy o8r. ,�� 2.0000' MAX E1=12,8 vrm MaVIIl.L HIGHEST 2.9 11.5 '�' 4/ " 2 '�.,�a� " 4 DIA SDR INV= R INV=12.3 Dincla•DiviaondEmiroomadalQoalil), EXPECTED GW WATER IN BROWN + M ."� 7s titi BUILDING SANITARY 35 PVC FINE ! PIPE C 2.00% _ `r INV=11.9 TO MEDIUM / i ' � TYPICAL `O 00 r _ SAND - SP �"' Twp 4' DIA N ------- SEPTIC TANK PIPE 2 1.007 LEACHING POOLS p 42'�rp.,� 1200 GAL TYPICAL 2- 8 DIA x 6 DEEP 18.0 47 �N ,14 EL=7.9 zoN + 4k_* EL=6.2 N GROUNDWATER EL=2.9 TH1515 TO CERTIFY THAT 7HI5 50DIV151ON PLAT HA5 BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF 50UTHOLD BY PE50LVFION DATED,—___________ SANITARY NSY ST E M INVERTS DATE:--------------- �'-- _— ------------------ DE E WE NOTES: JUN 15 2015 Q� C. v41N4n N fKt4n IXYI,r►-.NYYn 1,N Yr aa tY.,YMc�tNFIr..Mnr L++' I' ,rwr ww.,.yn.i�i.•.wwi •y SW told Town .t..,"....., t.r.Y. EXISTING SEPTIC., TO BE REMOVED A5 PER I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL SYBTEM(S) ftnlnODotlyd * * � tv.�... .r.+�..�.IT 6,mtw. S.G.D.H.S. STANDARDS FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A / nu rtt��r.N n.aw.rr t.w�.vy.wrrr � `Y Y,.Hw+Ywk itN .W.cYtNn N MI...I.rul L/4 9.4 CM`tIrIL.t4H.frrlf,v.M CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUND WATER CONDITIONS,ALL O t•w r. +-•w....y r•r• LOTS,A5 PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES "I HEREBY CERTIFY THAT THI5 MAP WAS MADE BY U5 FROM ACTUAL SURVEYS 0 J "-w. t.tit TOTAL AREA = 7q,577 S.F. OR I.,526Q ACRES COMPLETED FEBRUARY 20, 2006 t THAT ALL CONCRETE MONUMENTS SHOWN THUS.■ �SFOLAND i: " CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. HEREON ACTUALLY EXIST AND THEIR POSITIONS CORRECTLY SHOWN AND �jj PROPOSED LOT I = 32,874 S.F. OR 0.7570 ACRES ALL DIMENSIONAL AND GEODETIC DETAILS ARE GOof NFA, JO-H-N C. E1 ILERS LAND SURVEYOR Revisions: ,`o?� 06-0-7-2012 6 EAST MAIN STREET N.Y.S.LIC. NO. 50202 PROPOSED LOT 2 = 46,605 S.F. OR 1.06gci ACRES GRAPHIC SCALE I"= 40' y N � 06-10-2015 RIVEREEAD PROP05EP BEARINGS AND DISTANCES SHOWN IN THIS FONT ---------------------------------- _ __ *2sFn 5 , N.Y. 11901 369-8288 Fax 369-8287 0 40 ao Ito 5EPTIG DESIGN MICHAEL D.MAPES NYSP.E. LIC. x70501 JOHN G.EHL7 VNY.PL.S. LIG a 50202 RF-C.\Usm\Tohn\DMLox\n5\OM5-299 Updd 01-03-2015.pm 020 � I � OFFICE 1,0CATION. °r.°amwn IIS11l.1 Annau, MAIMING ADDRESS. 54375 Slate Milit,(3 24.� P-0- Box 1,179 (am¢..-,, mnn 13,41.&YouingEAve.) � �" a:.uaR,bold,'NY 1197 631, 765-1938 r I'mA 9, 2019 ilh rot C. icor t arm e Esq. 13235 Main Road P,0- BOX66 tfift,ICK INS'1'1952 Re, Firiiall Approval with Candiflomi ISIalltk Resubdivislon 225 E-'ugenes Road, ("Outchogue Dear Mr. Goggins-, The °i t 'or� 8, 2019,-1lafirm Board adopted the following r dar' i� r°r t � ^tdrm held corm Munch WHEREAS, .Thi torcopr.o rrd is for the r subcdi a kora of SUM#1000-97-- -1 5 & 16 where 4 acres us torcodo for transfer frrorn Lot 16.5 to Lot 15. Lat 15 will increase arm size trrorro 0,3 acres to 07acres and Lot 16.5 mord@ deaease from 1.5 acres, to 1,'d acres, in the R-60 and B Zoning Dishicts, 11-flsparcel is bcale d SOUthea st rot the arnfemec,fl orm of ,R. 25 and' nr raroro"' Road, uro LAchogue;and WHEREAS,Aid„ nrm Marchi, 13, 2015, the applicant submifted an apj,711cmuoj,j ft r ;auhdimri dcorr; and WHEREAS, roto March 23, 2015, the rlWd "cowa rd Planning Board touncd the rr otodicatarorn drmroromplIete grid reqUired the aPP11caflit to aiPply to Umar Zoning Soard of Appeal (ZBA) for r md'of of the proposed Undersize d @rota and WHEREAS, tori June 15, 2015,file appliuror rit submitted additional materials; arlij WHEREAS, November 28, 2016, ttie Soudiold Towil Pl r,m irg Board receive request xd for conirmrt fr° rm•m the , and Ovsianflc F�tesubdivisicm Page 12 April 9, 2019 rl WIIEFZEAS, on Dr. c-,errN:'r62016, Plum staff mquired addRiol-jaliflif"bariaton or them ftrkrarrt in I�esp(m-lrl to Wte ZBA'- and Wl,°,IEREAS, the Southold1l"awn Planning Board responded to the Zri"13A with their conirrinents; and Wl 1EIREAS, on January 215, 2017, the ZBA granted an area vadairum on the ai�rpHcafion in FIle 070,17; and VVFIEREA.Sl, on June 26, 2017, the rembdivision qi�)pficafion was, found iricorriplet% arid WHEREAS, oi i At.,mgust 22,2017, Raw iiriig staf:f provirled the applicavit mAth a draft ofthe covenarits and restdcflons� av 4d W,HEIREAlEb, ori Novernber 15, 2017, the applicant SUbmitted a revised map; and 1 1 IEREAS, cm Novemlwir 301, 2017, the Southrfld'Fown Planning Board fourid the aplAcatiart incomplete and required rirrateha�s,' and WHEREAS, on November,30, 2017,the applicatiori was refr�u red to the Suffojk'Cotjo,mty Ranning Common, for reviewif, and WHEREAS, on Decerniber, "19,1 2017, the Southold Fown FlIanning Fjoard found the application (;annplete arid set the PUbfic I-Ilealing for Janr my 8, 2018; and VVItlImERII ;omrrueu Ran; aA' Jtiwry d 3, 2018 C 1, the Suffolk atinCo ty Planning rrivnission respondled wiin INIIERS, on January 8, 20118, flirt Flubfic Hearing Was Il ostponed to January 221, 2018 due to air emergency clmxre r)f the Town 110; arul WtIERAS, on Jantiary 22, 2018, the Public Hearinill was tiehl and closed;an(I MEREAS, the,SOLdhold Town Planning Board performed an uncoordinated review of this L)nfisted Actiori purstimr�t to 6 NYCIRR tart 617, Section 61 7 of th(:? State Erivir(enmerntal Quality Review A(A (SEMRA); and MIERFEAS, on Apidl 14), 2018,thle Planning Board, PIA'suant to SEQRA, made a determination or non-sigrflficaiimer Rx the proposed Re-Sar bdiVision and granted a Negative Declaration; and M-IEREAS, tiro April 9, 2018, ti ie Planining Board graiinted CovidlUrmal Firial Approval oi i the application; and 'VVI IEREAS on October 4, 2018, t[iie applicant reCIUC-sted a 'I 80-day extenskni of the Coni llorial I�Inal Approval in order fi�s complete the rernairifirogconditions; and Ovsiark Resubdivision P a g fa 13 9,11 W-IEREAS, on Oct(�)ber 151, 2018, al their work session, the Planning Board agreed to grant an extens�on of the (Coindffion;,fl RnEd Appro%,,.fl giranted April 101, 2018, M3M Octot)e r 9, 2018 to AprH 9, 2019, and WHEREAS, oin Novernber 15, 20,18, the applicant m ibrnifled a copy of the cxwenants aind restrictions filed in liber 12960 Fla,rlle'7'7 witt"i the Stiffok County Clerk's Offim-, and WHEREHAS, m) h'Aarch 4, 2019, thie appficant SUbry"iftied a rx)aected Final plan to fulfill A conditions of Condibc:j,nal R4 t1pprcwal" therefore be it RESOLVEEMI, that the S(ndh old Town Rainning Board grants Final Alpproval with a Condition ulion the inap entitled "BOUndary Une Afteration gX'epafed for ARen Ovsiank", dated July 19, 20,10, p,)repared by John C. EMers, Land SL9f'VOyr,)r, Wst revised November 3, 2018, Mh ne condition, and author izes ff'ie Cfiarrnain to endorse ft mrap; (1 Jondition: 1AddRg-QLaCtq)p rrignIt , q the dj , �nc,u i _L_Kq_ I _p, pE I d.d!ional rttiLig.bqLyo L s 1L g�1 gxu tLinj t the fime of thi a -�L _ __ s—'g.�. g�41,_and/p f��fi.fjjri ad,WLp PLaDrfl.ag Roard, Please Note: "rhe Southold Town Planning Board, in waiving the rrrrrtrrtrrrment for SMIS apiproval rfor to their own opproval, Is sirnply wai'ving a bwhnical requireinen't of Final Plat Approlvat Linder die Town Code and n1akes no representations as to whether SCDHS approval is required. SCDH S approval of this re-subdWision may be necessary to be fin cornpliance with the Suk'County Sainitar,y Code, and to be efigible for future construction or renovations., Please submit a copy of the recorded deed In 'the Soutbold'Town Planning Departnient within ys of Me dats of FlnWl Approval, or such approval shall expire and bo niull ani d void,, The statement below (see next page) inust be sigr�ied by the property owners to valklate this approval resolkition. a;w g'wW 'I''" V 4 prfl "I„ 20,19 w.Imul° w 'w W°. w'Ilr Iglu! w 'ww°W: mwW' Www 'wW' wlur° lllw'' III!I ,n°w IIII' Iww w °III! W' ' wv ' ' wlWW ' 'uw IIulm°m III""Kilt qm,Ii m,il, guaronfee oir waive wwa ri lin'W`Illlr°u qwwlll red, U.Iiie Stuffbik IIP mi III IIY"IIII ill'd m w IIIY" ill!''IP w� i IIc°v 111i!:,a m war v" ii' m ( WWS) I mwmlllJw„s" � thatW mI1II011 IIIl.IIIImwW to allllppllly sc,1uam°m ly-t III'lie SQ1)IIII'"4sany appWliuicaIPin"mlmmmmWujj�ii�uu� al's. L �w m P uml% W u u al SIV m!un t� uum��;m �omf uumm a �u����'�� wr��viv ...,l) Print �'�U�°rmim°rmmm a�u ................ Sig ii-matuinre of(Property OwnerPrint NN mem m If you have any questions regarding ing fl,mm above, please writad this offim. at 765--1938,, a m'm°n d J, Micenski Chaimian cc: Assessuirs, BiAlding Ww m m"mimm I'd OFFICE LOCATION: ' %—= _ MAILING ADDRESS: Town Hall Annex Sol/ � P.O. Box 1179 54375 State Route 25 , w 4' '" Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov COUN i PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9, 2019 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re Final Approval with Condition — Ovsianik Resubdivision 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 8, 2019: WHEREAS, This proposal is for the resubdivision of SCTM#1000-97.-2-15 & 16.5 where 0.4 acres is proposed for transfer from Lot 16.5 to Lot 15. Lot 15 will increase in size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acres to 1.1 acres, in the R-80 and B Zoning Districts. This parcel is located southeast of the intersection of S.R. 25 and Eugene's Road, in Cutchogue; and WHEREAS, on March 13, 2015, the applicant submitted an application for resubdivision; and WHEREAS, on March 23, 2015, the Southold Town Planning Board found the application incomplete and required the applicant to apply to the Zoning Board of Appeal (ZBA) for relief of the proposed undersized lot; and WHEREAS, on June 15, 2015, the applicant submitted additional materials; and l-lEI EAS, IIlgoveu"'t"tlll er 28, 20,16, the Southold 1'o ru I &Mrtg Board r ccii c a re.gtjes e( -friu"corrii ieii -trou he-7-BA,;'arid.m_ ._.. . .._._. Ovsianik Resubdivision Page 12 April 9, 2019 WHEREAS, on December 6 2016, Planning staff required additional information from the applicant in order to respond to the ZBA; and WHEREAS, the Southold Town Planning Board responded to the ZBA with their comments; and WHEREAS, on January 25, 2017, the ZBA granted an area variance on the application in File #7017; and WHEREAS, on June 26, 2017, the resubdivision application was found incomplete; and WHEREAS, on August 22, 2017, Planning staff provided the applicant with a draft of the covenants and restrictions; and WHEREAS, on November 15, 2017, the applicant submitted a revised map; and WHEREAS, on November 30, 2017, the Southold Town Planning Board found the application incomplete and required materials; and WHEREAS, on November 30, 2017, the application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on December 19, 2017, the Southold Town Planning Board found the application complete and set the Public Hearing for January 8, 2018; and WHEREAS, on January 3, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on January 8, 2018, the Public Hearing was postponed to January 22, 2018 due to an emergency closure of the Town Hall; and WHEREAS, on January 22, 2018, the Public Hearing was held and closed; and WHEREAS, the Southold Town Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, on April 9, 2018, the Planning Board, pursuant to SEQRA, made a determination of non-significance for the proposed Re-subdivision and granted a Negative Declaration; and WHEREAS, on April 9, 2018, the Planning Board granted Conditional Final Approval on the application; and WHEREAS on October 4, 2018, the applicant requested a 180-day extension of the Conditional Final Approval in order to complete the remaining conditions; and Ovsianik Resubdivision Page 13 April 9, 2019 WHEREAS, on October 15, 2018, at their work session, the Planning Board agreed to grant an extension of the Conditional Final Approval granted April 10, 2018, from October 9, 2018 to April 9, 2019; and WHEREAS, on November 15, 2018, the applicant submitted a copy of the covenants and restrictions filed in Liber 12960 Page 77 with the Suffolk County Clerk's Office; and WHEREAS, on March 4, 2019, the applicant submitted a corrected Final plan to fulfill all conditions of Conditional Final Approval; therefore be it RESOLVED, that the Southold Town Planning Board grants Final Approval with a Condition upon the map entitled "Boundary Line Alteration prepared for Allen Ovsianik", dated July 19, 2010, prepared by John C. Ehlers, Land Surveyor, last revised November 3, 2018, with one condition, and authorizes the Chairman to endorse the map; Condition: 1. Additional im rovements to the ro ert includin additional arkin be and that existing at the time of this approval, and/or building additions re uire site plan a roval bv the Planning Board. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this re-subdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below (see next page) must be signed by the property owners to validate this approval resolution. Ovsianik Resubdivision Page 14 April 9, 2019 1 understand that Southold Town Planning Board approval of this Resubdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of (Property Owner 1) Print Name Signature of(Property Owner 2) Print Name If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Donald J. Wilcenski Chairman Encl. Negative Declaration cc: Assessors Building Department From: Bufkins, Erica Sent: Wednesday, May 08, 2019 2:56 PMw� g tY t mm m To: Palmeri, Allison; Michaelis, Jessica _W Subject: FW: Ovsianik G Attachments: Ovsianik Client Signed Final Approval.pdf SVA"I 0 8 2019 For uncorrnung innaM Piann!ng Board From: William C. Goggins [mau_ lto:go en laws( pil.comi] Sent: Tuesday, April 23, 2019 5:03 PM To: Bufkins, Erica Subject: Re: Ovsianik Hi Erica: Here is the Final Approval signed by Allen Ovsianik: William Goggins P.O. Box 65, 13235 Main Road Mattituck, New York 11952 (631) 298-4818 gogcinslawa mag ilcom On Apr 16, 2019, at 2:50 PM, Bufkins, Erica <ericab' sa.r�m�I lra Idto��yniiv, asw> wrote: Good Afternoon Bill, I have attached the approval resolution for the Ovsianik Re-subdivision application. You will notice that the Chairman has not yet signed the resolution, as we will need the signatures from both of the property owners regarding our Health Department waiver prior to the Planning Board signing off on the application. Please send me a copy of the signed resolution, or delivery it to the Planning Office, and we will have the Chairman sign the approval resolution and approved map.Then, you can file the deeds with the County in order to complete the lot line change. Let me know if you have any questions or concerns! Best, Erica Bufkins Planner Trainee Southold Town Planning Department 51375 NYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email r_ic BSB{�i s r,.it.ln.o,Irlt �,vrin 1. <Ovsianik.pdf> OFFICE LOCATION: ,. MAILING ADDRESS: Town Hall AnnexP.O.Box 1179 54375 State Route 25 � ���� � '� Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold,NY 6 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 2019 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Ovsianik Resubdivision 225 Eugene's Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: The Planning Board reviewed the corrected plan submitted to the Planning Department March 4, 2019 for the above-referenced application at their March 25, 2019 Work Session. The Planning Board agreed that all of the conditions of the Conditional Final Approval have been fulfilled, and therefore finds that the application has met all the requirements of Town Code §240-57 for a Resubdivision application. The application will appear on the April 8, 2019, Public Meeting agenda for a Final Determination. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, kri"ca Bu ins Planner Trainee Southold Town Planning Board Work. Session — March 25 2019— Page 2. _ Pro ect Name: Ovsianik Re-subdivision Location, On the southeast corner of the intersection nof S.R.025 0-9a d Eugene's u & e's and Eugene's Lane, Cutchogue Description: This proposed Lot Line Modification transfers 0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. Lot 15 will increase in size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 A acres to 1.1 acres located in the R-80 and B Zones. � Status: ; Conditional Final Approval ........ m Action. Review Revised Map Attachments [S,taff Report,__ ®....., . . .... .. .. l Project Name: 02 Wiggins,Lane Resubdivision 1 SCTM# 1000-35-4.-28.36 Location: +/- 1000' southeast of the intersection of SR 25 and Wiggins Lane, Greenport Description: I This proposal is for the re-subdivision of SCTM: 1000-35.-4-28.36, a 13,789 sq. ft. parcel of upland, to which 6,331 sq. ft. of underwater lands of Fordham Canal were added by deed transfer. This application received a variance from the ZBA in file 7242. This parcel is located in the R-40 Zoning District, +/- 1000' southeast of the intersection of SR 25 '. _.._ and Wiggins Lane, .Greenport. l _ _ Status: New Application.. _ .... Action: r Completeness ........ Attachments: Staff Report _Project. g .a ............ . ,w m Name Bing Conservation Subdivision SCTM# 1000 95 -1-7.2 & 8.3 Location, w...e._ � � . _6795 & 7755 Oregon Road, Cutchogue Description: This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM 1000-95- 1-8.3 (54.24 acres) and SCTM 1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 2.1 to 3.9 acres, a right of way of 2.2 acres, and 2 agricultural lots totaling 60+/- acres from which development; rights are proposed to be sold to Suffolk County, in the AC and R-80 zoning districts. Status: Conditional onal Sketch Plan Action: Completeness Final Plat Attachments. Staff Report ......_ ........ Discussion: ❖ Introduction — Request for Comments to ZBA re: SV Greenport, LLC SCTM#1000-44-2-23, 59725 CR 48, Greenport (DUE April 30) ❖ Change of Zone: Rich's Quality Auto Repair SCTM#1000-102-3-1, 29950 Route 25 Cutchogue Southold Planning Department Staff Report Resubdivision Application Work Session Review Date March 25, 2019 Prepared By: Erica Bufkins I. Application Information Project Title: Ovsianik Resubdivision Applicant: Allen Ovsianik & William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97.-2-15 &16.5 Project Location: Intersection of S.R. 25 and Eugene's Road Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Resubdivision Acreage of Project Site: 1.8 acres # of Lots Proposed: N/A III: Action to review Final Determination IV: Analysis This proposal is for the re-subdivision of SCTM:1000-97.-2-15 & 16.5 where 0.4 acres is proposed for transfer from Lot 16.5 to Lot 15. Lot 15 will increase in size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acres to 1.1 acres, in the R-80 and B Zoning Districts. This parcel is located southeast of the intersection of S.R. 25 and Eugene's Road, in Cutchogue. On October 9, 2018, the Planning Board granted a 6-month extension of the Conditional Final Approval from October 9, 2018 to April 9, 2019, in order for the applicant to fulfill the outstanding conditions of Conditional Final Approval. On September 17, 2018, the applicant submitted a Final map to fulfill condition #5 of the Conditional Final Approval, which was to submit a full-sized Final map. The following items were missed on the lan: 1. Existing and proposed zoning lines; 2. Existing and proposed parcel area chart; 3. Existing and proposed parcel configurations; Southold Planning Department Staff Report 4. Existing and proposed lot lines (existing shown as dashed and proposed as solid lines); 5. Notation reading "All buffers must be maintained as described"; 6. Notation reading "Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board"; 7. Seal & signature of engineer or surveyor; 8. Liber and page of the filed C&R. On November 7, 2018, the applicant submitted covenants and restrictions filed with the Suffolk County Clerk's Office in Liber 12960 Page 77. On March 4, 2019, the applicant submitted a corrected Final map inclusive of all of the above-mentioned requirements. Due to the fulfillment of all conditions of the Conditional Final Approval, the proposed action meets all the necessary requirements of Town Code §240-57 for a Re- subdivision application. V: Items to Consider 1. Does the Board find that the applicant has fulfilled all of the conditions of Conditional Final Approval? 2. Does the Board find that the application has met all the requirements of Town Code §240-57 for a Re-subdivision application? 3. Does the Board agree to grant a Final Approval upon this application at the Public Meeting scheduled for April 8, 2019? 2 Suh� RECEIVED GOGGINS & ASSOCIATES MAR 019 ATTORNEYS AT LAW 13235 Main Road, P.O. Box 65 Rannirig Board Mattituck, New York 11952 Phone (631) 298-4818 William C.Goggins,Esq. Fax (631) 298-4214 gogginslaw@gmail.com Donald Mates,Esq. Of Counsel Philip J.Branigan,Esq. Of Counsel February 28, 2019 Southold Town Planning Board P.O. Box 1179, 53095 Main Road Southold, New York 11971 Attn: Erica Bufkins Re: Allen Ovsianik Dear Ms. Bufkins: In connection with the above referenced matter, enclosed please find the amended plan reflecting the additional information requested. Ve truly yours, WI �LIIIM P,. GrG1NS WCG/dmp From: Bufkins, Erica , Sent: Friday, November 16, 2018 8:49 AM To: Michaelis, Jessica; Palmeri, Allison Subject: FW: Ovsianik Resubdivision ` Attachments: Ovsianik CRS. df p From: William C. Goggins [mailto:gogginslaw@gmail.com] Sent: Thursday, November 15, 2018 4:12 PM To: Bufkins, Erica Subject: Re: Ovsianik Resubdivision Hi Erica: Attached please find the C&Rs filed May 3, 201& Waiting on updated survey containing Concrete monuments at southern corners. Hoping to have it next week. William C. Goggins Goggins & Associates P.O. Box 65, 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4818 Fax: (631) 298-4214 go inslaw(@ginai cojil On Nov 13, 2018, at 10:12 AM, Bufkins, Erica wrote: Good Morning Bill, Just taking a look at the Ovsianik map you submitted on November 5`t' in efforts to get ready for our work session scheduled for November 19`f' Before issuing a Final Approval, I need 6 full-sized copies of the map containing the surveyor's signed seal, and notation for concrete monuments on each of the southern corners of Lot 1. 1 will also need proof of filing of the covenants and restrictions with the County Clerk. 1 Let me know what you think your timeframe will be to complete these items, and I will plan to schedule the application for review by the Board., l was hoping we could try to aim for a i::lnal Approval on December 3rd if you're able to get the maps and proof of filing to us prior to. Give me a call with any questions! Best, Erica Bufkins Planner Trainee Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: EricaBL@SOLltI101cl'tow,tiny,g2v From: William C. Goggins [!iiait((;� pqg�mskn -- k@gIQqJJ..,conA Sent: Thursday, October 04, 2018 6:27 PIVI To: Buffins, Erica Subject: Re: Ovsianik Resubdivision Hi Erica: We respectfully request an extension of the Conditional Final Plat Approval. Thank you. William C. Goggins Goggins &Associates P.O. Box 65, 13235 Main Road Mattituck,New York 11952 Phone: (631) 298-4818 Fax: (631) 298-4214 gogginsL — On Oct 2, 2018, at 1:10 PM, Buffins, Erica wrote: Good Afternoon Bill, Just a rerninder thiat the Conditiicn4l Final Approval is set to expire orii October 9"', Ilf do you not tKink you\MH ib(,a Tab k','.'to subirinit the ir(:!vliscd plari before October 1.5'1", pk?ase send rne an ernaH reqiiiiesdrig an extension of the Cor6floinal [sinal Piat.Approvai, l WHH Ipia in to put the applH�cation on the aigenda fair an extensJoin at that ineedng uniess YOU are in the postk)in ts) resubirrdt the revised FiinaPat- PUease Ict Irkle know if i can provide any iriforrnatiorii or ass�stairice, Best, E,6ca Buifidnis Manner'l 4riee 2 Southold Town Planning Department 54375 ISYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: E6caB@SQUtholdtownm apy From: William C. Goggins [IliaLltQ:c1 !nslaw 5)gmail&oLn] Sent: Tuesday, September 18, 2018 7:59 AM To: John Ehlers Cc: ovsj 49flaol.corn; Bufkins, Erica Subject: Fwd: Ovsianik Resubdivision Hi John: Below please see the email from the Southold Planning Board setting forth requirements for the plan. Item number 8, require that you add the following notation to the plan: This property is subject to the covenants and restrictions dated April 26, 2018 and filed in the Office of the Clerk of Suffolk County on May 3, 2018 in liber 12960 at page 77. Our application expires on October 9, 2018. Thank you. William C. Goggins Goggins & Associates P.O. Box 65, 13235 Main Road Mattituck,New York 11952 Phone: (631) 298-4818 Fax: (631) 298-4214 gg) hLshh!,-V, -C(( 11 Begin forwarded message: From: "Bufkins, Erica" <ericab so Litho Id!town ny.goy> Subject: RE: Ovsianik Resubdivision Date: September 17, 2018 4:13:20 PM EDT To: "'William C. Goggins"' <goo linsla w gmail.com> Cc: "Lanza, Heather" < eather,lanza town,sou thold.n .us> k�fIIIIo B IIu, h a n k ; lm scn�1l111g dI f u s ova,ir. hO 4Cfllqma ins uw1.1 ki 11 3 1, Existing and proposed zoning lines (as shown on previous plan) 2, Existing and proposed parcel area chart(as shown on previous plan) 1 Existing and proposed parcel configurations (shown in two key maps on previous plan) 4. Existing and proposed lot lines (existing shown as dashed and proposed as solid lines) 5. Notation reading "All buffers must be maintained as described" (locate under text describing plantings) & Notation reading "Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board" (locate under text describing plantings) 7. Seal &signature of engineer or surveyor(I'm assuming this will be on the printed version, but just a reminder) 8. Liber and page of the filed C&R (as you mentioned) Let me know if you would like to discuss any of these items. Best, Erica BUl'kins Planner i"ralnee Southold Town Planning Department 54375 NYS Route 25 P,,O. Box 1.179 Southold, INY 11971. Phone: 631. '765 1938 Ema& EricaBODSOUtholdtownny-p v From: William C. Goggins [m %Itp;_ gginsla mail.coy n] Sent: Monday, September 17, 2018 2:32 PM To: Bufkins, Erica Subject: Re: Ovsianik Resubdivision Hi Erica: Attached please find the survey, Please review to see if the surveyor missed anything other than not adding the Liber and page of the Covenants. Thank you. William C. Goggins 4 Goggins & Associates P.O. Box 65, 13235 Main Road Mattituck,New York 11952 Phone: (631) 298-4818 Fax: (631) 298-4214 On Aug 9, 2018, at 10:25 AM, Buflcins, Erica wrote: Hey Bill, Thanks for your response. Good to know where we are at with this one. I'll keep in touch as the time gets closer if we need an extension. Have a great day. Best, Erica Bufkins Planner Trainee Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: EricaB 0Uth of townny,yov From: William Goggins [mailta:ggciirsfawtcal rr ] Sent: Thursday, August 09, 2018 9:26 AM To: Bufkins, Erica Subject: Re: Ovsianik Resubdivision There is an issue of payment between the surveyor and the client. I have persistently been trying to finish this. Some things I have no control over.. I will stay on it Thanks Sent from my iPhone On Aug 7, 2018, at 12:15 PM, Bufkins, Erica <c�rIcab(sou�t", r�ld,a tnrr�r��y>wrote: Good Afternoon Bill, I just wanted to check in and see if you have been able to make any progress with the Ovsianik Resubdivision. As a heads up, the Conditional Final Approval granted April 91n will expire on October 91n of this year. If you are not able to fulfill the conditions prior to that date, I recommend submitting a request for an extension prior to the date of the Public Meeting that is scheduled for October 15`" Please note that the applicant has the ability to apply for a maximum of 2 approval extensions of 90 days each. Have a great day! Best, Erica Bufkins Planner Trainee Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: EricaBso utholdtowt2D .) v 6 l I III ILII ' III UI I I III Il��f.11111 IIII � II I l If' IIIIIIIIII III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/03/2018 Number of Pages: 7 02:39:00 P Receipt Number : 18-0082033 LIBER: 0001 PAGE: 077 District: Section: Block: Lot: 1000 097.00 02.00 015.000 FOLLOWSEXAbUNED AND CHARGED AS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $400.00 NO Fees Paid $475.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 '�,T 3" Number of pages 7 'TNs dccurrlent. MH llbe pubkc re,-rx.nd, Nease remove All Sodal Security NUrnbers pilor to recordklg. Deed/Mortgage Instrument /Mortgage Tax Stamp Recording Filing Stamps 3 1 — FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax Sub Total TP-584 Spec./Assit. Notation Sub or EA-52 17(County) Spec./Add. TOT.MTG.TAX EA-5217(State) Dual Town Dual County R.P.T.S.A. Held forAppointment Comm.of Ed. 5. 00Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total_q� YE$_orNO OtherLGrand Total LC If NO, see appropriate tax clause on_ page N_of this instrument. 4 Dist.1000 ';Prtinn Rl.rk Lot 5 Community Preservation Fund Real Property 3627042 ed, Consideration Amount$ Tax Service T 0 Agency (R D A CPF Tax Due $ Ty Verification 9�3_M AY_ Improved 6 SatisfactionsUlb- dlisRt� CnO1dD!&,ebRETUrRINd�YVWIIClbVldllllrMVUIC$S Vacant Land William C. Goggins TD Goggins & Associates P.O. Box 65, 13235 Main Road TD Mattituck, New York 11952 TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkeountyny.gov/clerk Title H 8 1 Suffolk County Recording & Endorsement Page This page forms part of the attached_�oveqpnts aqLf Restrictlank__made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in Aj1erk_Qys nnik SUFFOLK COUN IFY,NEW YORK. TO In the TOWN of --------Smithn,1A .................. Town of Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK CNK ONLY PRIOR TO RECORDING OR FILING. over T f; (03PMAYA Slit ID' DTv:6270 2 q Tax Maps District Secton Block Lot School District 1000 09700 0200 015000 MATTITUCK-CUTCHOGUE 1000 09700 0200 016005 MATTITUC K-CUTCHOGUE DECLARATION O COVENANTS AND RESTRICTIONS DECLARATION made this oZ 6+day of April,2018,by Allen Ovsianik, presently residing at 8490 Soundview Avenue, Southold, New York 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS,the Declarant Is the owner of certain real property situate at [on]225 Eugenes Road, Cutchogue,Town of Southold, County of Suffolk, State of New York 11935, (Suffolk County Tax Map parcel number(s) 1000-097.00- 02.00-015.000 and 1000-097.00-02.00-016.005), more particularly bounded and described in Schedule"A"annexed hereto(hereinafter referred to as the Property); and WHEREAS,the Declarant has made an application to the Planning Board of the Town of Southold for a re-subdivision to shift lot lines aG_Ghown- �Nhibit 4.wW on the re-subdivision map on file with the Planning Board entitled"Allen Ovsianik"prepared by John C. Ehlers Land Surveyor, last dated November 30, 2017, hereinafter referred to as"the Re-subdivision Map'; and WHEREAS,for and in consideration of the granting approval of said re- subdivision application, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the purpose of these covenants is to mitigate environmental and public health,safety and welfare impacts from the re-subdivision of the subject property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS,the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. i4m,°n-MIREFOIUz,"rHISDECI.,ARATION VVInYiESSEPH: That the DECUM"WO"for the purpiose of carrying out the interufloiriis above expressed, does hereby umakel knowil,adirniti, pubHM-i,covenaint ancl agree thal, ffie IPPoperty here descrIed shall hereafter pace suhject to Hie coveriants and restricAk)ris as herein cited,to WI: 1, Mahitapn a 20 foot-wide vegetated buffeir requked Wang the enfire, southwestern piropedy One of Lot 2. 2, As shomn-i cairn tho q,)proved rem.fljdMsion phin rc-fferenced dbove,and as required by the Zoning Board of Appeals He#7017 1,maintain a '10 foat-Mde by 150 fc-mt-lorij-1 vegetated buffer Mong the southeasterrs propedy Hine of Lot 'I Wth two staggered rows of Nomay Spruce or other,eveillreeri trees,as approved by the F:Iainirikig Elmird, at Wast VtaH and pW-sted 10'on,cente.r. 3. AH staimiwater run-off ressuking from the devekp-nerd ofthe Ilots shah km reWned oin sRe mid shaH Ibe the re gip: of each W owner. 4. Uflfiks for p-ot 2,inckiding imit not HmRed to ekctricl, g,-is, tMephone and c-iWe, must k7e, pcicated undergrow W, 5, i..andscapMg and ferfifizer restdctiorm a., 'The use of synthefic�ferfiHzeirs, herbicWes or pesficWes is piroWbfted� 1). I'he use of nafive,drought-toWrant jp�lants thal are ari the Hst approved by the Marming Dej.-min-ir-m-)t .m-fa rc-quired k-i W,xlscapkig said lots. C, The Use of fc-ml&er products contWnk-ig nitrogen, phosphoms Or potasskirn p prohibRecJ beWeen Novernber 1 air-W AprH 1. d,, C)npy organpc feutfljzers wh(-;re the water soh,Ne nitragen ps ino rmre Rum 20%of Vie total n9rogen in the ffkture cru y be uWzed on the pots,. competent judsdiction determines ttiat a vUation of these coverwants aind restdchoris has occt.jrred,the DecWraint shall pay, eiffieirdpmcdy or by Wrritmrsernent to ft I own 61t iry:MsonaWe attorney's fees, court rants and other expo eriises inmored by the„p,,,.own pin connection Mth any proraeclings to enf(xte the provWons of the coveru arits and restdr0ons set forti-i here'pn, The falkire of the Town of Soi.dl'-JoW or airiy of its agencies to enforce sarne shafl not be deerned to,affe.,ct Itie vandof this covenant iner to pmpnse any HaWfity whatsoever upon the'T"awn Of SOLAthoW oir any officer or empoyee 0-iereof, W W11 NESSWHEREOF:',the[::)EC Ip above riarned has d0y executed this Dectarafion the day and year fir,,.;.t above wrt fte.ri, DECI..AIRANM At-LEN OV81ANK STATE QF NEW4GW P rsq k v(�r6 P-r SS.:On thisc:9.1A,day of Apirfl, h--i the year 2018„ l::)efbre rne personeHy ap::)peared AU E::.::N 0VVARIK, known to ririie or proved to me on the basis of saflsfi3ctory evMence to be the 6nlvlduat whose naMe:is sulmrribed to the Wthin pnstn.imerlt and acknowledqed to rne that he executed the sairne in his capacity and that by Ws signature of the 1instrurneirit,thie indMduai, or the behav of wt-lich the indM&W acted, execnot ed the instrurnep,. did d '14 a ry lvc* 'i '2 02 1 JAY J -5r-k e dtd4-. Pr AN W. OVSIANIK SCTM No. 1000-097.00-02.00-015.000 "r /5- METES&BOUNDS DESCRIPTION All the certain plot,piece,parcel of land lying and being in the Hamlet of Cutchogue,To of Southold, County of Suffolk, State of New York: BEGINNING at the intersection of the southeasterly line of the Main Road with the Northeasterly line of Eugene's Road from said point of beginning: RUNNING THENCE North 42 degrees 12 minutes 00 seconds East 136.14 feet to a monument; THENCE South 50 degrees 34 minutes 00 seconds East 121 feet to a monument; THENCE South 42 degrees 12 minutes 00 seconds West 95.47 feet to a monument on the northeasterly line of Eugene's Road; THENCE North 68 degrees 42 minutes 40 seconds West 129.39 feet to the point and place of BEGINNING ALAN W. OVSIANIK SCTM No. 1000-097.00-02.00-016.005 Ldr /G, S— MITES &BOUNDS DSC TION BEGINNING at a point formed by the southeast intersection of Main Road and Eugene's Road, in the Hamlet of Cutchogue,Town of Southold,County of Suffolk, State of New York: BEGINNING a distance of 129.39 feet easterly along Eugene's Road from the intersection of the southeasterly line of the Main Road with the northeasterly line of Eugene's Road from said point of beginning: RUNNING THENCE North 42 degrees 12 minutes 00 seconds East 185.47 feet to a monument; THENCE North 50 degrees 34 minutes 00 seconds West 121 feet to a point; THENCE North 43 degrees 44 minutes 40 seconds East 131 .22 feet to a point; THENCE South 68 degrees 15 minutes 00 seconds East 220.48 feet to a point; THENCE South 26 degrees 11 minutes 50 seconds West 331.63 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West 193.44 feet to a point and place of BEGINNING. OFFICE LOCATION: AIAILING ADDRESS: Town Hall Annex QF S .„ P.O. Box 1179 54375 State Route 25 + r� ", Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldt ownny.gov cou r� PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2018 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re; Conditional Final Approval Extension - Resubdivision for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, October 15, 2018: WHEREAS, this resubdivision proposes to transfer approximately 0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. The reason for this resubdivision is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. WHEREAS, on April 9, 2018, that the Southold Town Planning Board granted a Conditional Final Approval upon the application, set to expire October 9, 2018, with the following conditions: 1. Install concrete monuments at the two southern corners of the new property line to satisfy the requirements of§240-21 Technical Requirements and §161- 3 Final plans; 2. Plant the 10' x 150' vegetated buffer with 2 staggered rows of Norway spruce at least 6' tall and planted 10' on center, or provide a performance guarantee in an amount equal to the cost to provide this planting; Ovsianik Re-subdivision Page 12 October 16, 2018 3. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office; 4. All conditions above must be met, and a Final Approval resolution completed by the Planning Board at a subsequent Planning Board public meeting rigor to the deeds being filed; 5. Include the following notations on the Final map: • Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board; • Maintain the buffers as shown; • Liber and page of filed covenants and restrictions. WHEREAS on October 4, 2018, the applicant requested a 180-day extension of the Conditional Final Approval in order to complete the remaining conditions; and WHEREAS, on October 15, 2018, at their work session, the Planning Board agreed to grant an extension of the Conditional Final Approval granted April 10, 2018, from October 9, 2018 to April 9, 2019; be therefore RESOLVED, that the Southold Town Planning Board grants a 180-day extension of the Conditional Final Approval upon the map entitled "Boundary Line Alteration prepared for Allen Ovsianik", dated July 19, 2010, prepared by John C. Ehlers, Land Surveyor, last revised November 30, 2017, from October 9, 2018 to April 9, 2019. This is the ONLY extension that will be allowed upon this application. Failure to fulfill the conditions of Conditional Final Approval prior to April 9, 2019 will result in an expired application. If completion of the required conditions exceeds April 9, 2019, the applicant will be required to reapply for Resubdivision Approval and re-incur the subsequent application fee. Upon a finding that all conditions have been met, the Planning Board will schedule the application for a Final Determination at the next available Public Meeting. If you have any questions regarding the above, please contact this office at 765-1938. &ectf lyr � Donald J. Wilcenski, Chairman cc: Assessors Submissiol2 Without a Cover Letter Gu.yX%> L- Sender: l Go 5"" uo E'�:.truiurap I � Subject: _ u�➢ _w SCTM#: 1000 - Date: I i 15- Conunents: , l Y( " F x � Otl I�f r r 8 T$ wq 0 Xl `� •"i J� G aN O� h m a wp w xy Z z o: t 0 NQ �� $ UN., w >t a >o m Mo Si N N W �O d0 x F OU Z � X OW NLL F o ``nn UJ U-J O O Z N Q 6 Q rA Q h O Xxr tl z'o Via: z � I � LLcz ° BRAN@ LL 4 mp LL P„d [Q ts) & w F _ Q w w d d Southold Planning Department Staff Report Resubdivision Application Work Session Review Date October 15, 2018 Prepared By: Erica Bufkins I. Application Information Project Title: Ovsianik Resubdivision Applicant: Allen Ovsianik &William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97.-2-15 &16.5 Project Location: Intersection of S.R. 25 and Eugene's Road Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Resubdivision Acreage of Project Site: 1.8 acres # of Lots Proposed: N/A III: Action to review Request for Extension of Conditional Final Plat Approval IV: Analysis This lot line modification is proposing to transfer approximately 0.4 acres from SCTM# 1000-97-2-16.5 to SCTM# 1000-97-2-15. The reason for this lot line modification is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. On April 9, 2018, a Conditional Final Approval was granted upon the application with the following conditions- 1. onditions:1. Install concrete monuments at the two southern corners of the new property line to satisfy the requirements of§240-21 Technical Requirements and §161- 3 Final plans,- 2. lans,2. Plant the 10' x 150' vegetated buffer with 2 staggered rows of Norway spruce at least 6' tall and planted 10' on center, or provide a performance guarantee in an amount equal to the cost to provide this planting; 3. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office; Southold Planning Department Staff Report 4. All conditions above must be met, and a Final Approval resolution completed by the Planning Board at a subsequent Planning Board public meetingrip or to the deeds being filed. 5. Include the following notations on the Final map: • Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board; • Maintain the buffers as shown; • Liber and page of filed covenants and restrictions On October 4, 2018, the applicant requested a 6-month extension of the Conditional Final Approval in order to complete the outstanding revisions to the plat as required in Condition #5. V: Staff Recommendations Consider granting a 6-month extension of the Conditional Final Approval granted April 97 2018, at tonight's public meeting from October 9, 2018 to April 9, 2019, in order for the applicant to fulfill the outstanding conditions of Conditional Final Approval. 2 Southold Town Planning Board Work Session — October 15, 2018 — Page 2 Project Name: Ovsianik Allen SCTM#: 1000-97-2-15 & 16.5 Location: 225 Eugenes Rd., Cutchogue ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Description: This proposed Lot Line Modification transfers 0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. Lot 15 will increase in size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acres to 1.1 acres located in the R-80 and B Zones. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Status: Pending ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Action: Extension Request ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Attachments: Staff Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ name: Project Cutcho ue Business Center SC TM#: 1000-83-3-4.6 J g Subdivision ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Location: 12820 Oregon Road, Cutchogue ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Description: This proposal is a Standard Subdivision of a 6.10 acre parcel into five lots where Lot 1 equals 1.29 acres, Lot 2 equals 0.92 acres, Lot 3 equals 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located in the LI Zoning District. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Status: Approved ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Action: Review Bond Release ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Attachments. Staff Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Project name: Koehler Standard Subdivision SCTM#: 1000-115-10-1 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Location: 4180 New Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, Mattituck ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Description: This proposal is a Clustered Standard Subdivision of a 14.9 acre parcel into seven lots where Lot 1 equals 0.8 acres; Lot 2 equals 0.9 acres; Lot 3 equals 1.11 acres; Lot 4 equals 0.71 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.7 acres; Lot 7 equals 9.5 acres inclusive of 8.72 acres of Open Space, located in the R-80 Zoning District. This property includes a proposed road totaling 0.54 acres. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Status: Conditional Preliminary Approval ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Action: Final Plat Completeness ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Attachments. Staff Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Bufkins, Erica From: William C. Goggins <gogginslaw@gmail.com> Sent: Thursday, October 04, 2018 6:25 PM To: Bufkins, Erica C Cc: aovsi88499@aol.com Subject: Ovsianik Resubdivision 0 T 9 2 01 nuTfl�o—d dawn Hi Erica: Planning Board We respectfully ask the Planning Board for an extension to file the final map. We are being delayed by the surveyor. William C. Goggins Goggins &Associates P.O. Box 65, 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4818 Fax: (631) 298-4214 o inslaw mall-corn a OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �tq so�ly P.O. Box 1179 54375 State Route 25 h�� Ol0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY v, www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 10, 2018 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Conditional Final Approval & SEQRA Determination - Re-subdivision for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 9, 2018: WHEREAS, this re-subdivision proposes to transfer approximately 0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. The reason for this re-subdivision is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. WHEREAS, on March 13, 2015, the applicant submitted an application.for re- subdivision; and WHEREAS, on March 23, 2015, the Southold Town Planning Board found the application incomplete and required the applicant to apply to the Zoning Board of Appeal (ZBA) for relief of the proposed undersized lot; and WHEREAS, on June 15, 2015, the applicant submitted additional materials; and WHEREAS, November 28, 2016, the Southold Town Planning Board receive a requested for comment from the-ZBA; and Ovsianik Re-subdivision - Page 12 April 10, 2018 WHEREAS, on December 6 2016, Planning staff required additional information from the applicant in order to respond to the ZBA; and WHEREAS, the Southold Town Planning Board responded to the ZBA with their comments; and WHEREAS, on January 25, 2017, the ZBA granted an area variance on the application in File #7017; and WHEREAS, on June 26, 2017, the re-subdivision application was found incomplete; and WHEREAS, on August 22, 2017, Planning staff provided the applicant with a draft of the covenants and restrictions; and WHEREAS, on November 15, 2017, the applicant submitted a revised map; and WHEREAS, on November 30, 2017, the Southold Town Planning Board found the application incomplete and required materials; and WHEREAS, on November 30, 2017, the application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on December 19, 2017, the Southold Town Planning Board found the application complete and set the Public Hearing for January 8, 2018; and WHEREAS, on January 3, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on January 8, 2018, the Public Hearing was postponed to January 22, 2018 due to an emergency closure of the Town Hall; and WHEREAS, on January 22, 2018, the Public Hearing was held and closed; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Southold Town Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, the Public Hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this re-subdivision that would affect the character of the neighborhood; Ovsianik Re-subdivision Page 13 April 10, 2018 3. This re-subdivision will correct the current situation which has a building located on two parcels; and WHEREAS, the Southold Town Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification (Re-subdivision) Policy set by the Southold Town Planning Board in February 2011, this application is eligible for decision from the Southold Town Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • The transfer of land from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, the Southold Town Planning Board has determined that the proposed action meets all the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Re-subdivision and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Approval on the map entitled "Boundary Line Alteration prepared for Allen Ovsianik", dated July 19, 2010, prepared by John C. Ehlers, Land Surveyor, last revised November 30, 2017, with the following conditions: 1. Install concrete monuments at the two southern corners of the new property line to satisfy the requirements of§240-21 Technical Requirements and §161- 3 Final plans; 2. Plant the 10' x 150' vegetated buffer with 2 staggered rows of Norway spruce at least 6' tall and planted 10' on center, or provide a performance guarantee in an amount equal to the cost to provide this planting; 3. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office; 4. All conditions above must be met, and a Final Approval resolution completed by the Planning Board at a subsequent Planning Board public meetingrip or to the deeds being filed. Ovsianik Re-subdivision 0 Page 14 • April 10, 2018 5. Include the following notations on the Final map: • Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board; • Maintain the buffers as shown; • Liber and page of filed covenants and restrictions The applicant shall have 180 days to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. Upon a finding that all conditions have been met, the Planning Board will schedule the application for a Final Determination at the next available Public Meeting. If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Donald J. Wilcenski Chairman Encl. Negative Declaration cc: Assessors t 1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��of so�jyo P.O.Box 1179 54375 State Route 25 ,`O l0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 co www.southoldtownny.gov olycou PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant April 9, 2018 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Re-subdivision for Ovsianik SCTM#: 1000-97.-2-15 &16.5 Location:, Intersection of S.R. 25 and Eugene's Road, Cutchogue, NY, 11935 SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This re-subdivision is proposing to transfer approximately 0.4 acres from SCTM#1000- 97-2-16.5 to SCTM#1000-97-2-15. The reason for this re-subdivision is to rectify an existing building, Eastern Tire, built and currently located over a property boundary in the R-80 and B Zoning Districts in Cutchogue. Reasons Supporting This Determination: A Short Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Southold Town Planning*Woard Page 12 April 9, 2018 The determination was based upon the following: This Re-subdivision will not have any significant adverse impacts on the surrounding neighborhood or adjacent properties. No new lots will be created, and no increase in development is expected as a result of the land transfer. The applicant proposes to move the lot line in order to legitimize an existing structure that is currently located on the property line. Thus the following can be said of this action: 1. Following the proposed re-subdivision, the current land uses will remain the same. The lot line will be moved to legitimize an existing structure on the parcel that is currently located on the lot line. 2. The proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will, therefore, conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. 3. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 4. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this re-subdivision. 5. The proposed action is not in a material conflict with Southold Town's current plans or goals as officially approved or adopted. 6. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The existing building and use is proposed to remain. A vegetated buffer along the southern property line is required to be planted to help mitigate any impacts from future development. 7. No major change in the use of either the quantity or type of energy will occur. 8. No creation of a hazard to human health will occur as a result of this re- subdivision. 9. The proposed action will not cause a substantial change in the use, or intensity of use, of the land or in its capacity to support existing uses. Although the parcel with the commercial building will increase in size, this increase will not result in any immediate increase in development of the site. Any future development or clearing on site is subject to site plan review by the Southold Town Planning i Southold Town,Planning�- dard Page 13 - April 9, 2018 Board during which additional environmental review would occur specific to that action. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Erica Bufkins, Planner Trainee Address: Southold Town Planning Board, P.O. Box 1179, Southold, NY 11971 Telephone Number: (631) 765-1938 • Agency Use Only ilfApplicablel Project 0manik Re-Subdivision Date: 14/912018 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached State Environmental Quality Review Negative Declaration Notice of Determination Non-Significance. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ❑ Type 1 ✓❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 ©Part 2 ✓❑Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Subject File and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Southold Planning Board as lead agency that: ✓❑ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Ovsianik Re-subdivision Name of Lead Agency: Southold Planning Board Name of Responsible Officer in Lead Agency: Donald J Wilcenski Title of Responsible Officer: Chairman ,, \ Signature of Responsible Officer in Lead Agency: L.J Date: 4 !D 1% Signature ofPreparer(if different from Responsible Officer)C /� l Date: 0 For Further Information: Contact Person: Mark Terry,Assistant Director of Planning Address: 54375 State Route 25,P.O.Box 1179,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark.Terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http:;1,,vww.dec.nv.p-ov/enb/enb.litinl PRINT FULL FORM Page 2 of 2 / • Agency Use Only[If applicable] Full Environmental Assessment Form Project. OvsianikRe-subdivision Part 2-Identification of Potential Project Impacts Date. 4/9/2018 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, ®NO ❑YES the land surface of the proposed site. (See Part 1.D.1) I "Yes", answer questions a-J. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction,on land where depth to water table is E2d ❑ ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. Elf ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical 132e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h.Other impacts: ❑ ❑ Page 1 of 10 J 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site(e.g., cliffs,dunes, ®NO ❑YES minerals,fossils,caves). (See Part 1.E.2.g) I "Yes", answer questions a-c. I "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: E2g ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO El YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.2.h) I "Yes", answer questions a-L I "No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides,or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, D1 a,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or ©NO ❑YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations 132c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ONO ❑YES (See Part 1.E.2) I "Yes", answer questions a-g. 1 "No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c.The proposed action may result in development within a 500 year floodplain. Elk ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage 132b,D2e ❑ ❑ patterns. e The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2',E2k f.If there is a dam located on the site of the proposed action, is the dam in need of repair, EI e ❑ ❑ or upgrade? Page 3 of 10 i g.Other impacts: s 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO ❑YES (See Part 1.D.2.f.,D,2,h,D.2.g) If"Yes", answer questions a-f If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ° ° iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ° ° v. More than 1000 tons/year of carbon dioxide equivalent of D2g ° ° hydrochloroflourocarbons(EFCs)emissions vi.43 tons/year or more of methane 132h ❑ ° b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions 132f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than I D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2. m.-q.) W]NO ❑YES I "Yes", answer questions a-j. I `No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j.Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) WINO ❑YES I "Yes", answer questions a-h. I "No", move on to Section 9 Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,Ba ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in W]NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.La,E.Lb,E.31.) I "Yes", answer questions a-g. I "No", go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: L Routine travel by residents,including travel to and from work E2q, ❑ ❑ ii.Recreational or tourism based activities Elc ❑ ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dlf,Dlg 0-1/2 mile '/z-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ONO ❑YES resource. (Part 1.E.3.e,f. and g.) If"Yes", answer questions a-e. If"No", go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E39 ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 f t d.Other impacts: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e. occur",continue with the following questions to help support conclusions in Part 3: L The proposed action may result in the destruction or alteration of all or part E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a [Z]NO F]YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.l.c.,E.2.q.) 1 "Yes", answer questions a-e. 1 "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. Elm,E2o, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2 c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,E1 c ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ✓�NO F—]YES environmental area(CEA). (See Part 1. E.3.d) 1 "Yes", answer questions a-c. 1 "No", go to Section 13 Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. QNO ❑YES (See Part 1.D.2 j) I "Yes", answer questions a-.f I "No", go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ If Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. NO ❑YES (See Part 1.D.21) 1 "Yes", answer questions a-e. 1 "No", go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. ©NO ❑YES (See Part 1.D.2.m.,n., and o.) 1 "Yes", answer questions a-,f 1 "No", go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may'result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 y d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO ❑YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f.g. and h.) I "Yes", answer questions a-m. I "No", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place E1g,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r in.Other impacts: Page 9 of 10 0 0 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO YES (See Part 1.C.1, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C22 C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ Cl supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d ° ° that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. QNO []YES (See Part 1. C.2, C.3,D.2,E.3) I "Yes", answer questions a-g. I "No", proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas De,E3f,E3g ❑ ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ there is a shortage of such housing. Dlg,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2g,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Southold Town Planning Board Work Session — March 26, 2018 -- Page 2 Project Name_____ Ovsianik, Allen__— _,_SCTM#_I 1000-97-2-15 & 16.5 Location: : 225 Eugenes Rd._Cutchogue Description: ; This proposed Lot Line Modification transfers 0.4 acres from i SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. Lot 15 will increase in j size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acres to 1.1 acres located in the R-80 and B Zones. Status: endin Action: ` Review Conditions of Final Approval Attachments: E Staff Report Discussion: ❖ Request for Review re: FIDCO Lots SCTM#1000-7-6-3.1, Private Road, Fishers Island Soulold Planning Department StA Report A-a Subdivision Application Work Session Review Date March 26, 2018 Prepared By: Erica Bufkins I. Application Information Project Title: Lot Line Change Ovsianik Applicant: Allen Ovsianik &William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97.-2-15 &16.5 Project Location: Intersection of S.R. 25 and Eugene's Road Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site: 1.8 acres # of Lots Proposed: N/A III: Action to review Completed C&R's Conditions of Final Approval IV: Analysis This lot line modification is proposing to transfer approximately 0.4 acres from SCTM# 1000-97-2-16.5 to SCTM# 1000-97-2-15. The reason for this lot line modification is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. At their Work Session on January 22, 2018, the Planning Board agreed to the following review process; 1. Planning Board work session to review Public Hearing comments, Feb. 5; a. Staff: Code Enforcement has pursued the issue and been in contact with the land owner regarding the issues presented at the Public Hearing; 2. Consider a decision on a Conditional Final Plat Approval resolution at the next available public meeting* with the following conditions: r Southold Planning Department Staff Report *Staff: This action has not yet been taken due to the Board requesting more information about the issue of the property being the subiect of a code violation and requiring cleanup. As stated above, this issue is being handled by Town Code Enforcement. a. Install concrete monuments at the two southern corners of the new property line as a condition of Conditional Final Approval to satisfy the requirements of§240-21 Technical Requirements and §161-3 Final plans. b. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office. i. Staff: Completed draft submitted for the Planning Board's review on March 21, 2018. No changes were proposed from the draft previously provided by Planning staff. NOTE: Planning staff has revised the document, as seen below, to include the bolded text. The applicant will be provided a revised version of this document following this work session. c. Any other conditions that might become necessary after the public hearing is closed. i. Staff: Code Enforcement is handling the issues that arose at the Public Hearing regarding cleanup of the property. No additional conditions will be necessary; V: Covenants and Restrictions The following changes are recommended in the draft C&R (see attached for full document): 1. Maintain a 20 foot-wide vegetated buffer required along the entire southwestern property line of Lot 2 with evergreen trees 2. As shown on the approved resubdivision plan referenced above, and as required by the Zoning Board of Appeals File #7017, maintain a 10 foot-wide by 150 foot-lonq vegetated buffer along the southeastern property line of Lot 1 with two staggered rows of Norway Spruce or other evergreen trees, as approved by the Planning Board, at least 6' tall and planted 10' on center. 2 Ac, Southold Planning Department Sty`` Report NOTE: An Exhibit A was not included with the draft C&R's. Reference to an Exhibit A should be removed from this document (or an Exhibit A provided). VI: Staff Recommendations 1. Consider accepting the draft covenants and restrictions as amended above; 2. Consider granting a Conditional Final Approval and a Negative Declaration under SEAR at the Public Meeting on April 9, 2018, with the following conditions: a. Install concrete monuments at the two southern corners of the new property line as a condition of Conditional Final Approval to satisfy the requirements of§240-21 Technical Requirements and §161-3 Final plans,- b. lans,b. Plant the 10' x 150' vegetated buffer with 2 staggered rows of Norway spruce at least 6' tall and planted 10' on center, or provide a performance guarantee in an amount equal to the cost to provide this planting. c. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office; d. Include the conditions to Final Approval, as referenced below, on the map. The conditions can be added by hand by the applicant or Planning staff. e. All conditions above must be met, and a Final Approval resolution completed by the Planning Board at a subsequent Planning Board public meeting prior to this application being completed and the deeds being filed. 3. After the conditions of Conditional Final Approval have been met, consider a decision on the Final Approval resolution at a Planning Board Public Meeting with conditions to include: • Additional improvements to the property, including additional parking beyond that existing at,the time of this approval, and/or building additions, require site plan approval by the Planning Board; • Maintain the buffers as shown. Note: the approval resolution for Final Approval will include the requirement that the deed must be filed within 62 days. 3 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��OF SOUj�o ' P.O.Box 1179 54375 State Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY � � Telephone: 631765-1938 www.southoldtownny.gov Irou PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 28, 2018 William C. Goggins; Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 , Re: Resubdivision for Allen Ovsianik 225 Eugene's Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board reviewed the above-referenced application at their March 26, 2018 Work Session to discuss the draft covenants and restrictions. Minor changes were required and we have included a copy of the revised covenants and restrictions with this letter. In addition, the revised covenants and restrictions will be sent to you via email for your review. Please review this document and provide any comments or requested revisions by April 2,'2018. Additionally, the Planning Board agreed to consider granting a Conditional Final Approval and a Negative Declaration under SEQR at the Public Meeting on April 9, 2018, with the following conditions: 1. Install concrete monuments at the two southern corners of the new property line as a condition of Conditional Final Approval to satisfy the requirements of§240- 21 Technical Requirements and§161-3 Final plans; 2. Plant the 10'x 150' vegetated buffer with 2 staggered rows of Norway Spruce at least 6'tall and planted 10'on center, or provide a performance guarantee in an amount equal to the cost to provide this planting. 3. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office; Southold Town Planning Board Page 2 - March 28, 2018 4. Include the conditions to Final Approval, as referenced below, on the map. The conditions can be added to the map by hand by the applicant or Planning staff. • Additional improvements to the property, including additional parking beyond what is existing at the time of this approval, and/or building additions, require Site Plan approval by the Planning Board, • Maintain the buffers as shown. 5. All conditions above must be met, and a Final Approval resolution completed by the Planning Board at a subsequent Planning Board Public Meeting prior to this application being completed and the deeds being filed. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, l! � P Erica Bufkins Planner Trainee DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of April, 2018, by presently residing at hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate at [on] 225 Eugenes Road, Cutchogue, Town of Southold, County of Suffolk, State of New York, (Suffolk County Tax Map parcel number(s)1000-097.00-02.00- 015.000 and 1000-097.00-02.00-016.005), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a re-subdivision to shift lot lines as shown on the re- subdivision map on file with the Planning Board entitled "Allen Ovsianik" prepared by John C. Ehlers Land Surveyor, last dated November 30, 2017, hereinafter referred to as "the Re-subdivision Map"; and WHEREAS, for and in consideration of the granting approval of said re- subdivision application, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the re-subdivision of the subject property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. Maintain a 20 foot-wide vegetated buffer required along the entire southwestern property line of Lot 2. 2. As shown on the approved resubdivision plan referenced above, and as required by the Zoning Board of Appeals File #7017, maintain a 10 foot-wide by 150 foot-long vegetated buffer along the southeastern property line of Lot 1 with two staggered rows of Norway Spruce or other evergreen trees, as approved by the Planning Board, at least 6' tall and planted 10' on center. 3. All stormwater run-off resulting from the development of the lots shall be retained on site and shall be the responsibility of each lot owner. 4. Utilities for Lot 2, including but not limited to electric, gas, telephone and cable, must be located underground. 5. Landscaping and fertilizer restrictions: a. The use of synthetic fertilizers, herbicides or pesticides is prohibited; b. The use of native, drought-tolerant plants that are on the list approved by the Planning Department are required in landscaping said lots. c. The use of fertilizer products containing nitrogen, phosphorus or potassium is prohibited between November 1 and April 1. d. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. 2 e. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with -a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted. f. The use of lawn fertilizer containing phosphorous is prohibited unless establishing a new lawn or a soil test shows that the lawn does not have enough phosphorus. g. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be 'immediately picked up. 6. Underground storage tanks are prohibited, except those with spill, overfill and corrosion protection requirements in place. 7. The driveway serving Lot 2 shall be constructed of pervious materials. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of 3 competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to .the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: ALLEN OVSIANIK STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On this day of April, in the year 2018, before me personally appeared ALLEN OVSIANIK, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 4 Schedule A. Legal Description of the Property 5 r � 1 Submission Without a Cover Letter `s-op-P -?Z "L.M- r,C-1j Sender: I �L ��9 OI J1 MAR 2 2 2018 � ����, � 1 �Ub� � (^��/� SoutholdTownSubject: r � Planning Board SCTM#: 1000 - )�-� _ 2 Date: ' Comments: CSV S chl-l u (k Imo Esc rfP tIO DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of April, 2018, by Alan Ovsianik, presently residing at 8490 Soundview Avenue, Southold, New York 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate at [on] 225 Eugenes Road, Cutchogue, Town of Southold, County of Suffolk, State of New York 11935, (Suffolk County Tax Map parcel number(s) 1000-097.00- 02.00-015.000 and 1000-097.00-02.00-016.005), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a re-subdivision to shift lot lines as shown in Exhibit A; and on the re-subdivision map on file with the Planning Board entitled "Allen Ovsianik" prepared by John C. Ehlers Land Surveyor, last dated November 30, 2017, hereinafter referred to as"the Re-subdivision Map"; and WHEREAS, for and in consideration of the granting approval of said re- subdivision application, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the re-subdivision of the subject property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. Maintain the 20 foot-wide vegetated buffer required along the entire southwestern property line of Lot 2 with evergreen trees. 2. Maintain the 10 foot-wide vegetated buffer required along the entire southeastern property line of Lot 1. 3. All stormwater run-off resulting from the development of the lots shall be retained on site and shall be the responsibility of each lot owner. 4. Utilities for Lot 2, including but not limited to electric, gas, telephone and cable, must be located underground. 5. Landscaping and fertilizer restrictions: a. The use of synthetic fertilizers, herbicides or pesticides is prohibited; b. The use of native, drought-tolerant plants that are on the list approved by the Planning Department are required in landscaping said lots. c. The use of fertilizer products containing nitrogen, phosphorus or potassium is prohibited between November 1 and April 1. d. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. e. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more then 2 pounds per 1,000 square feet per year is permitted. f. The use of lawn fertilizer containing phosphorous is prohibited unless establishing a new lawn or a soil test shows that the lawn does not have enough phosphorus. 2 g., The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up. 6. Underground storage tanks are prohibited, except those with spill, overfill and corrosion protection requirements in place. 7. The driveway serving Lot 2 shall be constructed of pervious materials. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 3 IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: ALLEN OVSIANIK STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this day of April, in the year 2018, before me personally appeared ALLEN OVSIANIK, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ALAN W. OVSIANIK SCTM No. 1000-097.00-02.00-016.005 SCTM No. 1000-097.00-02.00-015.000 METES & BOUNDS DESCRIPTION PROPOSED LOT 1 BEGINNING at a point formed by the southeast intersection of Main Road and Eugene's Road, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York: RUNNING THENCE along the Main Road, North 42 degrees 12 minutes 00 seconds East a distance of 136.14 feet along Main Road to a point; -' THENCE South 50 degrees 34 minutes 00 seconds East a distance of 121 1'/ feet to a point; THENCE North 42 degrees 12 minutes 00 seconds East a distance of 90 feet to a point; THENCE South 50 degrees 34 minutes 00 seconds East a distance of 121 feet to a point; THENCE South 26 degrees 11 minutes 50 seconds West a distance of V/ 144.34 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West a distance of V/ 272.75 along Eugene's Road to the point and place of BEGINNING. ALAN W. OVSIANIK SCTM No. 1000-097.00-02.00-016.005 SCTM No. 1000-097.00-02.00-015.000 METES & BOUNDS DESCRIPTION PROPOSED LOT 2 BEGINNING at a point a distance of 226.14 feet east the southeast intersection of Main Road and Eugene's Road, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York: RUNNING THENCE along the Main Road North 43 degrees 44 minutes 40 seconds East a distance of 131.22 feet to a point;-,-"' THENCE South 68 degrees 15 minutes 00 seconds East a distance of 220.48 feet to a point; ✓ THENCE South 26 degrees 11 minutes 50 seconds West a distance of 331.63 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West a distance of 50.18 feet to a point; V" THENCE North 26 degrees 11 minutes 50 seconds East a distance of 144.34 feet to a point; -„� THENCE North 50 degrees 34 Minutes 00 seconds West a distance of 215.12 feet to the point and place of BEGINNING. ✓ WILLIAM McQUAID DUFFY SCOTT A.RUSSELL TOWN ATTORNEY 0f SOUry� Supervisor bill.duffyC town.southold.ny.us Town Hall Annex, 54375 Route 25 DAMON A. HAGAN P.O.Box 1179 ASSISTANT TOWN ATTORNEY New York 11971-0959 damonh@southoldtownny.gov G @ Southold, Telephone (631) 765-1939 C®U�fV,� Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 12, 2018 Alan Ovsianik 618 Ridge Ave. Ephrata, PA 17522 RE: Non Permitted Activities—225 Eugenes Road, Cutchogue,NY Notice of Violation To Whom It May Concern: Please be advised-that it has come to the attention of this office that the above referenced property in being utilized for a non-permitted use and the property is further littered and in disrepair in violation of the Southold Town Code. For that reason we demand that you immediately cease and desist all non-permitted uses being conducted at 225 Eugenes Road, Cutchogue,NY, remove any items being stored on site in violation of the code, and clear the property of debris. In an effort to avoid further action we demand that you bring this property into compliance with in thirty(30) days, on or before April 12, 2018. Your failure to do so will force us to seek any and all legal recourse available under the law, including but not limited to, the seeking and obtaining of injunctive relief against you. Kindly notify this office of any corrective action that you are taking. Yo Damon A. Hagan, Esq. Assistant Town Attorney CC: Seledonio Villareal 860 Linnet St. Greenport,NY 11944 Hand Delivered GOGGINS & ASSOCIATES ATTORNEYS AT LAW 13235 Main Road,P.O. Box 65 Mattituck, New York 11952 JAN Phone(631) 298-4818 William C.Goggins,Esq Fax(631) 298-4214 Southold Town gogginslaw@gmail.com Planning Board Donald Mates,Esq. Of Counsel Philip J.Branigan,Esq. Of Counsel January 17, 2018 Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Attn: Erica Bufkins, Planner Re: 225 Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-015.000 and 016.005; Allen W. Ovsianik Dear Ms. Bufkins: In connection with the above referenced matter, enclosed please find the new Affidavit of Sign Posting. Thank you. Very truly yours, J, Wi a ogg WCG\dmp enclosure -PLANNING BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of ALLEN OVSIANIK, AFFIDAVIT OF SIGN POSTING SCTM 1000-097.00-02.00-015.000/016.005 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) I, William C. Goggins doing business at 13235 Main Road, Mattituck, New York, being duly sworn deposes and says that: On the 13th day of January, 2018, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, upon the applicants' property located approximately ten (10) feet from Eugene's Road and the other sign located approximately ten (10) feet from Main Road. 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 January 22, 2018 at 5:01 p.m. William C. Goggins Swrn to before me this / day of January, 2018 Notary Public DONNA M.PALMER Notary Public,State of New York Na. 01 PA50xpires Suffolk er 9, ,ommissian Expires December.9, �r BuMns, Erica From: Donald Wilcenski <dwilski78@gmail.com> Sent: Thursday,January 25, 2018 8:32 PM To: gogginslaw@gmail.com Subject: Eastern Tire Hi Bill, Hope all is well. I sending a quick note to see if you can get"Booty" to clean up the open space property that abuts neighbor's Storm and Gamberg. We have gotten letters and most recently public testimony from the neighbor "Storm". I took the courtesy to drive down to the area and agree there is some debris, fence, box trucks, trailers and the like sitting in various locations on the property. I think it would be a great show of courtesy if the areas were cleaned up and stored in an area that is less visible. Thank you for your understanding and help and look forward to seeing you on the golf course in the spring!!! All the best, Donald J Wilcenski i OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex '*0� so�ryo P.O.Box 1179 54375 State Route 25 �Q �� Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownny.gov �G�� • �Q y�0UN1`1,�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 23, 2018 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: A Public Hearing was held by the Southold Town Planning Board on Monday, January 22, 2018 regarding the above-referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex \&V svUryoP.O.Box 1179 54375 State Route 25 Q �� Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 vs www.southoldtownny.gov olyCOU ,N PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 23, 2018 William C. Goggins, Esq. 13235 Main Road! _ P.O. Box 65 Mattituck, NY 1192 Re: Lot Line Modification for Allen Ovsianik 225 Eugene's Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board reviewed the above-referenced application at their January 22, 2018 Work Session to discuss next steps for the application and found the following: 1. The application will be considered for a determination of significance under the State Environmental Quality Review Act (SEQRA) at their next available Public Meeting. A negative declaration was recommended; 2. Concerns-were raised at the Public Hearing (held during the Special Meeting on January 22, 2018) regarding potential code violations on tax parcel 16.5. The Board is requesting more information about this before they render a decision on the application. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, V FV14_�� Erica Bufkins Planner Trainee D E ..��� GOGGINS & ASSOCIATES JAN 2 3 2018 ATTORNEYS AT LAW soutnold gown 13235 Main Road,P.O. Box 65 Planning Board Mattituck, New York 11952 William C.Goggins,Esq. Phone (631)298-4818Fax(631) 298-4214 gogginslaw@gmail.com Donald Mates,Esq. Of Counsel Philip J.Branigan,Esq. Januaffq,;s2�018 Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Re: 225 Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-015.000 and 016.005; Allen W. Ovsianik Dear Sir or Madam: In connection with the above referenced matter, enclosed please find the original mailing receipts. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Very truly yo r , i o i s WCG d;, ' 0 jug -n rts in A. Slgnature ° �; ° 3 " ® Complete items 1,2,and 3. o ; ao a h o ■ Print your name and address on the reverse X CO �' '- � e� a fD � so that we can return the card to you. �' °�° L'° t ® � '� in 00 o m m • ■ Attach this card to the back of the mailpiece, B. Received by(Printed Narne) C.Date§ 1 C3 I "�a a � N or on the front if space permits. /�,L� M v Ir a CA r1s, ` rt -"o m 1. Article Addressed to: D. Is delivery address different from em 1? , ' = C3ti 0 , \ m S CL 3 IfU ter delivery a ress t low: o C3 ; ^ ° ° Q ° -CDof �r_1 � � ° � w j l I�d1G�GL � � SfCIZ/Y C ew AAc�►1 \ _. Z o ' � =� �� o' °.y CO OnCO ' Cn — m `� O CID CD o ru ® `J 'V SD 1 • • cn / I• i' �, a ■ Comple items 1,2,and 3. A. Signature C3 ■ Print yo r name and address on the reverse X� .l 1 ?❑❑❑❑o. _o � p so that a can return the card to you. s° __CD U Recei by( rin ed Name) C. Date I 9 m �,�,?. a `M° ■ Attach his card to the back of the mailpiece, /, ry �a a" a 13.0,o m or t front if ace permits. ° i �� rry l w w'' -I CD CD Cl p p mz m 1. Artf$ dressed to: D. Is ,Ilvv__y"'address dtfferen rom item 1? 0 <<A 090 If Y S,dhtef�Ve ivery are;s below:, ❑I z z rt a s V y a C O :r m m m D. 4 CL m D Enc) L& 1� ❑❑ ❑ ❑❑❑ o co t i lig(N N C G(O f0 O .a n N ti 7 ® ® • • • / -ccw;Zm ink ammam aaw, ❑� �" ❑❑ „ ':':`„ A. Signature r °0 0 0 0 K K m ■ Complete items 1,2,and 3. r I = tv tv o N a CD ■ Print you name and address on the reverse t- Ac z w ° N a N - N 7' so that A can return the card to you. i r ��"' �A 1 m >> � ® � m B. Receive by(Printed ame) C. Date ofl - m ' ■ Attach tf�s card to the back of the mailpiece, �• _ � � or on the front if space permits. olo-C I 1. Article Addressed to: / D. Is delivery addresd different from item 1? ❑Yes k die If YES,enter delivery address-below: 0 No —M to- , c a ll� us I —`--•_•�'-�'• .+___�:,.. -Pnw!tv_Mait EXDessOEll rr • • • ® Complete items 1,Z and 3. A. Srgnature ■ Print y r name and address on the reverse �� ❑Agent so than a can return the card to you. ■ Attach I his card to the back of the mailpiece, y n d Name of13 Deliv Addressee I B. Received b ) C. Date of Delivery I or on t e front if space permits. f 1. Article Addressed to: D. Is delivery add s different from item 1? 0 Yes } .� ll If YES,enter delivery address below. 0 No C3. Service Type El Priority me I L�r II I III I III III I I I I I II III Il I III 1111111 mill EEl Adult l dui SignatureS Restricted Delivery 13Registe ed tela pmess® 9890 9403 0380 8183 8380 22 L1 Certified Malo Delivery 11 Registered Mail Restricted, Delivery ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number_17ransfer_frnm connr_n r�r en n P-11 .,on Delivery Restricted Delivery 11 Signature Confirmation- _015 0640 0007 5064 2041 Mail ❑Signature Confirmation Mail Restricted Delivery Restricted Delivery over PS Form 3811,April 2015 PSN 7530-02-000-9053 00) __ Domestic Return Receipt Southold Planning Department Staff Report Subdivision Application Work Session Review Date January 22, 2018 Prepared By: Erica Bufkins I. Application Information Project Title: Lot Line Change Ovsianik Applicant: Allan Ovsianik/William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97.-2-15 &16.5 Project Location: Intersection of S.R. 25 and Eugene's Road Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site: 1.8 acres # of Lots Proposed: N/A III: Action to review SEQRA Determination Referral Review IV: Analysis This lot line modification is proposing to transfer approximately 0.4 acres from SCTM# 1000-97-2-16.5 to SCTM# 1000-97-2-15. The reason for this lot line modification is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. On December 18, 2017, the application was found complete and the Public Hearing was set for January 8, 2018, and later postponed to tonight, January 22, 2018. Referral Review On January 3, 2018, the Suffolk County Planning Commission responded that this application is considered to be a matter for local determination, not to be construed as either an approval or disapproval, and had no objection to the Town taking Lead Agency. SEAR Determination Proposed Negative Declaration (see attached draft). 56 Soutnold Planning Department Staff Report V: Staff Recommendations 1. Consider granting a Negative Declaration under SEAR. 2. Consider the following conditions for a Conditional Final Approval: a. Install concrete monuments at the two southern corners of the new property line as a condition of Conditional Final Approval to satisfy the requirements of §240-21 Technical Requirements and §161-3 Final plans. b. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office. c. Any other conditions that might become necessary after the public hearing is closed. Process moving forward: The Planning Board will continue their review process as follows: 1. Planning Board work session to review Public Hearing comments, Feb. 5. 2. Consider a decision on a Conditional Final Plat Approval resolution at the next available public meeting (see above for conditions): 3. After the conditions of Conditional Final Plat Approval have been met, consider a decision on the Final Plat Approval resolution at a Planning Board Public Meeting with conditions to include: a. Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board. b. Installation of the required vegetated buffer within six months of this approval. 2 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *QF SU(/rP.O. Box 1179 54375 State Route 25 ��� Ol0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtow-xmy.gov COUM�I,� ' PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 2018 .Y William C. Goggins, Esq. 13235 Main Road n P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: The Public Hearing scheduled for Monday, January 8, 2018 at 6:01 p.m. regarding the above-referenced application has been postponed due to an emergency closure of the Town Hall. The Public Hearing will now be held Monday, January 22, 2018 at 5:01 p.m. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman uOGGINS & ASSOCIATES, ATTORNEYS AT LAW WILLIAM C.GOGGINS,Esq. 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 Phone: (631) 298-4818 PHILIP J BRANIGAN,Esq - - - -,- ---- � Of Counsel Fax: (631) 298-4214JAN 0 5 2018 LJ DONALD A.MATES,Esq. gogginslaw@gmail.com j J Lai Of Counsel !_� January 5, 2018 Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Attn: Erica Bufkins, Planner Re: 225 Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-015.000 and 016.005; Allen W. Ovsianik Dear Ms. Bufkins: In connection with the above referenced matter, enclosed please find the Affidavit of Mailing and Affidavit of Sign Posting. Thank you. Very truly yours, U11 William C. Gog - s WCG\dmp y f � Southold Town Planninq Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Modification; 2. That the properties which are the subject of the application are located adjacent to your property and are described as follows: SCTM#97-2-15 & 16.5 3. That the property which is the subject of this application is located in the R-80 & B Zoning Districts; 4. This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000-97-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres. The property is located at 225 Eugenes Road, in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Town Records/Weblink icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Lot Line Changes", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Jessica MCa-),southoldtownny.gov; 6. That a Public Hearing will be held on the matter by the Planning Board on Monday, January 22, 2018 at 5:01 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Allen Ovsianik Date: 1/9/18 7 1!7 .......... WXgq'; g g yy,J 'ism ....... ----_—o—__ ___z— RIM ­EC WEEL MIN IMIN MIF 1 Bit 1 i owcnrvcNry — Ip "1 4 Iv a to Ile 2 a �,A n 1IP . f I 5 P-NO EE NOTICE K SECTION NO COUNTYOFSUFFOLK somow Real Property Tax Samca Agency E_ G 097 E� Adjacent Property Owners for Ovsianik SCTM## 1000-97.-2-15 & 16.5 1. 1000-97.-2-13.2 2. 1000-97.-2-14 3. 1000-97.-2-16.4 4. 1000-97.-6-3 5. 1000-97.-1-3 6. 1000-97.-1-4 7. 1000-97.-1-5 8. 1000-97.-1-7 Adjacent Property Owners for Ovsianik SCTM# 1000-97.-2-15 & 16.5 1. 1000-97.-2-13.2 V 2. 1000-97.-2-14 V/ 3. 1000-97.-2-16.4 J 4. 1000-97.-6-3 V 5. 1000-97.-1-3 6. 1000-97.-1-4 / 7. 1000-97.-1-5 J 8. 1000-97.-1-7 ✓ PLANNING BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of ALLEN OVSIANIK, AFFIDAVIT OF SIGN POSTING SCTM 1000-097.00-02.00-015.000/016.005 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) I, William C. Goggins doing business at 13235 Main Road, Mattituck, New York, being duly sworn deposes and says that: On the 29th day of December, 2017, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, upon the applicants' property located approximately ten (10) feet from Eugene's Road and the other sign located approximately ten (10) feet from Main Road. 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 January 8, 2018. I William C. Gogg ns Swgrn to before me this S day of January, 2018 Notary Public DONNA M.PAl_IVE R Notary Public,State of New York No. 01 PA5069978, Suffolk CountyY -_ ?�niraq December 9,o � >� i � s - PLANNING BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of ALLEN OVSIANIK, AFFIDAVIT OF MAILINGS SCTM 1000-097.00-02.00-015.000/016.005 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) DONNA M. PALMER, residing at New Suffolk, New York, being duly sworn deposes and says: ONE: On December 28, 2017, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Legal Notice, in postage paid certified mail envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which abuts and is across a public and private street, or vehicular right of way of record surrounding the applicants property. TWO: Copies of the certified mailing receipts and return cards are attached hereto. Q DWIN M. PAL M R Sworn to before me this 5th day of January, 2018 Notary Public WIWAM C.GOGGINS NoNo state of New York 4 6368Public9,Suffolk CounW Commission Expires March 12, U i s Re: Allen Ovsianik: 1000-097.00-02.00-015.000 and 016.005 1) 1000-097.00-01.00-007.000 Annenn M. Voegel and Christian W. Voegel 33585 Route 25 ` Cutchogue, New York 11935 2) 1000-097.00-01.00-003.000 Sullivan, Papain, Block, McGrath 120 Broadway 18th Floor New York, New York 10271 3) 1000-097.00-01.00-004.000 Robert J. Corazzini and Virginia A.'Corazzini 320 Richmond Road Peconic, New York 11958 -4) 1000-097.00-01.00-005.000 Scott A. Kessler 33255 Route 25 Cutchogue, New York 11935 5) 1000-097.00-02.00-014.000 Richard W. Abatelli 1915 Lake Avenue Southold, New York 11971 6) 1000-097.00-06.00-003.000 Lois B. Allen 241 Avery Heights Harford ,Connecticut 06106 7) 1000-097.00-02.00-016.004 Christopher Storm and Sharon J. Storm 375 Eugene's Road Cutchogue, New York 11935 '8) 1000-097.00-02.00-013.002 David A. 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PP F O Postage $0.49 0 Total Postage and Fees 59 �� �`°j+/t/ 47i � $ �+1�� Ln ant o �►�� - cam Veet and Apt.No or P(3 B x r- � ue � lli-3s-- rr EDEC 2 7 7017 AGRICULTURAL DATA STATEMENT 5oLitho{Jiaovr, TOWN OF SOUTHOLD Mannino When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Allen Ovsianik c Address: 8490 Soundview Ave., Southold, NY 11971 Land Owner (if other than applicant): Land Owner Address: ,l Description of Proposed Project: This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000-97-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres located in the R-80 and B Zoning Districts. Property Location (road and tax map ft 225 Eugenes Road, Cutchogue. SCTM#97-2- 16.5 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-97-1-1: Leonard & Beryl Dank, P.O. Box 944, Cutchogue, NY 11944 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. UA4, / )- - 77—/-7 Applicant/Agent Oignature Date COUNTY OF SUFFOLK nPlannirig 6 2�;3Steven BelloneSUFFOLK COUNTY EXECUTIVE il?Department of Board Economic,Development and Planning Theresa•Ward Deputy County Executive and Commissioner Division of Planning and Environment December 12, 2017 Town of Southold Planning Board P.O. Box 1179 54375 Route 25 Southold,NY 11971 Attn: Erica Bufkins, Planner Trainee Subdivision: Map of Ovsianik Re-Subdivision Suffolk County Tax Map No.: 1000 97000 0200 015000 & 16.5 Suffolk County Planning File No.: LS-G-2393 Dear Ms. Bufkins: Pursuant to the requirements of Section-A-14-24,Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. SEQRA coordination request was received by the Suffolk County Planning Commission and it has no objection to the Town of Southold assuming Lead Agency status for the above referenced subdivision. Sincerely, Sarah Lansdale, AICP Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 9 (631)853-5191 1 OFFICE LOCATION: �QF SO(/T MAILING ADDRESS: Town Hall Annex y P.O. Box 1179 54375 State Route 25 �Q� ��� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone- 631 765-1938 Southold, NY N � www.southoldtownny.gov Cou ,N PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 2017 William C. Goggins, Esq. 13235 Main Road - P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 & B Dear Mr. Goggins: The Public Hearing regarding the subdivision for the above-referenced application has been scheduled for Monday, January 8, 2018, at 6:01 p.m. at the Southold Town Hall. The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting, included in the packet, along with the certified mailing receipts AND the signed preen return receipt cards before 12:00 noon on Friday, January 8, 2018 The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman Encls. Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Modification; 2. That the properties which are the subject of the application are located adjacent to your property and are described as follows: SCTM#97-2-15 & 16.5 3. That the property which is the subject of this application is located in the R-80 & B Zoning Districts; 4. This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000-97-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres. The property is located at 225 Eugenes Road, in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Town RecordsMeblink icon located on the home page; 3. Click on "Planning De,pt." folder; 4. Click on "Applications", then "Lot Line Changes", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: JessicaMC�southoldtownny.gov; 6. That a Public Hearing will be held on the matter by the Planning Board on Monday, January 8, 2018 at 6:01 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Allen Ovsianik Date: 12/19/17 Adiacent Property Owners for Ovsianik SCTM# 1000-97.-2-15 & 16.5 1. 1000-97.-2-13.2 2. 1000-97.-2-14 3. 1000-97.-2-16.4 4. 1000-97.-6-3 5. 1000-97.-1-3 6. 1000-97.-1-4 7. 1000-97.-1-5 8. 1000-97.-1-7 M', -PI R Z '4� Revisions 0"G-96 00.12m95 a SEE SEC-NO 085 SEE SEC NO.0 C S5 06-16-97 N31BOW' MATCH LINE MATCH LINE MATCH_ UNE MATCH.... LINE MATCH LINE MATCH -7 LINE .318DU 09.0 7Z----- -z FORPCL FOR PCL No. SEE SEC NO N Op OaS-02-010.3 FOR PCL NO. 11-29-00 12 SEE SEC,NO FOR PCL NO. FOR PCL NO 2-06-99 02-26-01 w 112.7 2-9A SEE SEC NO- z 4.8A 0215-02-010 3 SEE SEC.NO. Ts 05-16-01 SEE SEC NO. 085-03-010 4 0-1&01 (row.OF SOUTHOLD 3.1 s 085-03-008 085-03-0122 DEVELOFWENTMGHTS) 1AA 09-2"! I 164 10-03-0113 3A -3N 06-18-03 (TOWNOFSOUFHOLD -3 N 09-03-03 DEMOPMENTRIGHTS) -4h. 70.09-03 04-22-04 o I V) 0-7--2104 08-10-04 A 128 10-06-04 116 10-20-414 1W Tb t to 19.DA 2-6A(C) X 5 (TOMOFSOUTHOLO 16 5- TI-18-04 'm DEVELOPMEWTRIGHM -IS 01=27-06 9.2A(C) 6 J& 04-03-06 00.0507 1.1A 11 5 21 IG-18-07 P 2 2 2A(-) 17A 06-2409 = I PI P 09-17-02 0 9 2-2 !z 71.7 r.3- 17A 0"9.1 2 20A 00 10-22-10 3 13 HCl ® 1PO 0&110-16 I 13.1 4 yy2.6A(c) 112 131 2-9A S3.0A I CA(c) aCtp C'.0 "vs) , 12.10 11.4 e9ACks fjG 3.11A VA(C) 110 fCOUNTYOFSUFFOLK DEVELDFUENTRIGHTS7 ji 3 2 GW) 11.8 11A 241A rp 3 5A(c) 22.1 L, xe "4 23 .1 0 21 SA(C) z UNION FREE SCHOOL DIST NO.9 17 4A 11.9 To N 2*OAaP is 5VI sa 41 to IT 2A 115 9 91 10 65A 189 I RAID 3AA 24AA(C) IZI 188 '%BA 33A IBG 0 18.1 4 7A AS zIa (Al 187 3 3A 13.3 19A y 134 Nb 4.6A 19 6 �o IIJA(c)Qll� IOA b 10 OA 21 92. I SA d 3.OA 202 31.6 z % 1.8A A u. i 163 20 Z 76.2 17C rm 3.2A 114 In EUGENES- LsA 103 ou 20 1.1A(c) '46 23A 262. V C 11.5 0PIk" 18A �4 54 -C4 212 3 34.7A(c) 0 24 10.6A(C) 312 21.7A To (WWNOFSOUTHOLD EAST DEVELOPMEWRIGHTS) CREEK 926.6 S4 01 7'sp- 70 7,7 '13 -3 71R. 9 26 FOR PCL NO. 7�0 10 35' SEE SEC.NO. '7, 0 S' 5 103-01-0193 103-02-M %15 17 -Z- LINE Xr 'T' O N 314 282 ypENWto N 3142S2 MATCH -Z- -UNt i 011 MRF.H-Z---LIWE- f, C 72 SEE SEC.NO-103 UNE w 3: .4sa.lu 24 L NOTICE COUNTY OF SUFFOLK @ K 056 Das 1086 TOMOF SOUTHOLK) SECTION NO E E 2 (21) --FSpppL MAINTE�CF ALTERATION,SALE OR Real Property Tax Service Agency y G DISTRI BUTION OF ANY PORTION OF THE County Center Rive e,uJI.NY11901 096 097 098 VILLAGE OF A =ff 4445 rh m SUFF�COUNTYTAXMAPISPROHVBITED t-LE.FFEr D 23 12.1 A(d).r 12 IA ,;1fR' WTH JTMITTENPERMSSIONOFTHE A 03 o DISTRICT NO 1000 121 A(c) REAL PROPERTY TAX SEWCEAGENCY P 102 103 10 104 PROPERTY MAP 0 OONVERSION DATE.Jun 19 ZO,T AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Allen Ovsianik Address: 8490 Soundview Ave., Southold, NY 11971 Land Owner (if other than applicant): Land Owner Address: Description of Proposed Project: This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000-97-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres located in the R-80 and B Zoning Districts. Property Location (road and tax map #): 225 Eugenes Road, Cutchogue. SCTM#97-2- 16.5 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-97-1-1: Leonard & Beryl Dank, P.O. Box 944, Cutchogue, NY 11944 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date MAI I,-V i AM Te'n I r'13 i mi, F!'g R-sROMM"IMP R� -INEZ FOR PCL NO. a�n 11-29-00 FOR PCL FOR PCL NO. SEE SEC NO ---SEC NO -1 N" O 702-101 '.1 SEE SEC-N SEE SEC NO. O_ 14 8A 085-02-010 3 0' 085-03-012-2 05-16-01 085-03-008 085-03-010.4 L (TOWN 05-18-01 OF SOU�Ow DEVELOPIVEWRIGHTS) 09-21-.01 16.4 13 3A 06-18-03, (rOMOFSOUTHOLD 09-03-03 oEmOPMENTRIGHTS) (P 1P ly 1"9-03 07-21-04 0 z UP 08-ID-D4 d 1128 11-6 10-06-04 2-6A(c) 10-20-G4 In 90A CTOWNOFSOUTWLD 163 6 1148-04 DEVELOPMENTRIGHTS) 1.8A 9.2A(c) 14 01-27-06A 04-03-06 1 1A 115 21 0"5-07 15 10-18-07 $ 2 2.?A(-) IJA 06-24-09 162 2-2 09-17-09 2-01(c) — V 17A 06-09-10 3 10-22-1 0 13.1 2 6A(C) 3 13-1 06-10-1 IS 112 2-9A 53.OA cl Of 12 10 (MUNTYOF'SUFFOLK 31A 21A(c) MacPM&rrmGHM) 11.3 2 6A(') 8 118 11AZ4A 1p 3 5A(C) 221 b 23 21.5A(C) 0 17.4A 11.9 U UNION FREE SCHOOL DIST NO.9 M 3 2-0A op 7 '34 w 10A 11.5 91 18.9 9 36 10 6 SA 34A AS as a I, 1g ON fe 188 1% 24 A(c) 12. iB 1 2-&A L i a3A 186 4 7A 187 132V 1-9A 13.3 3 3A 1.9A 134 4.6A 1.7A(c)(I—) 10A 2o3 10,OA 21 9 2. a 2 1 BA 3 .6 20 1 Cj A I U) 20 L 71 LU 0 is 16-2 1 32P, 10 3 31J w 20 Nv&.1--- 32.3A262 V 31.5 3. 3"(,) 7A(c) 2'A b n 12 A 8 79 GR BLgy 3.1A(c) 1-2 34.7A(c) C 21313 31.2 10 6A(C) z CA 21JA E4ST o") DEVELOPMENT'L6a !EVEN OFSOUMGTHONTS) '22 a CREEK 27 IF s 2A M, too) 2-6 on .10 i o •Eq 1A >>y .ayt , t6 Zo �9 267 ,m FOR PCL M b .FOR PCL NOR f 0 SEE SEC NO 17.to) end g z 103-01-0193 -Z N 314.282 V) --—-Z-— --FCH—Z LINE w N 314.282 ——— MATCH MATCH UNE MATCH LINE' N E AA In w SEE SEC.NO.103 w 50 .4 �A L —So— NOTICE COUNTY OF SUFFOLK (�D K 085 1086 TOWNOF SOUTHOLD SECTION NO E E --o— --Z-- (21) VIM MAINTENANCE.ALTERATION,SALE OR Real Property Tax Service Agency y G s_ ——————- — DISTRIBUTION OFWY PORTION OF THE • County Center RIverhead.N Y 11901 096 097 098 MLLAGEOF E _suesY_ LAN omx,Lw --L-- A M45 SUFFOLK COUNTY TM MAP IS PROMBITED m N WTHOUT WUTTEN PERMISS ION OF THE Ne 0 Ze A Or NO 1000 D 23 12 1 A(d) 121A A� RM PROPERTY TM SERMCEAGENCY P 102 03 3 103 0 DISTRICT 'XI PROPERTY MAP 12 1 A(,) sip y� =z;V I AVV -k I'VK N."',F5 77' It 7, 2.,0— IP R �Li�0 ,1 Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved, and date, time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 i Southoid Planning Department Staft report Subdivision Application Work Session Review Date December 18, 2017 Prepared By: Erica Bufkins I. Application Information Project Title: Lot Line Change Ovsianik Applicant: Allan Ovsianik/William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97.-2-15 &16.5 Project Location: Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site: 1.8 acres # of Lots Proposed: NA III: Action to review Lot Line Modification Application Completeness Review Submitted Materials IV: Analysis This lot line modification is proposing to transfer approximately 0.4 acres from SCTM# 1000-97-2-16.5 to SCTM# 1000-97-2-15. The reason for this lot line modification is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. On June 26, 2017, at their work session, the Planning Board found the application incomplete and required the following: 1. The Schedule A with the legal description of the lot line modification and an Exhibit A with a sketch illustrating the modification on legal or letter size paper to go with the draft deed that was already submitted. • Staff. complete. Schedule A submitted 12/7/17 & reviewed for accuracy. Exhibit A has not been submitted; however it can be submitted at any time before the C&R's are finalized. 2. Require the submission of 5 copies of the plan including the following revisions: Soutlioid Planning Department Staff Report a. Show the existing acreage of Lots 15 & 16.5 and the amount of acreage proposed to be transferred in the Notes section. • Staff.- complete except for typo which can be hand-corrected. "Existing Parcel 16-5"should read "Existing Parcel 16.5." b. Revise the property boundary illustrated as "Existing Lot Line" to a dashed line. Ensure that the notation for existing zoning line and existing lot line are differentiated. • Staff., complete. c. Implement a 25' transition buffer along the new proposed lot line, as required by §280-94 Transition buffer area. • Staff., incomplete. Not shown on map submitted 12/7/17, however transition buffers are required in the Town Code and any further development of this site with a parking lot or building addition would require site plan and a transition buffer at that time. d. Remove the notation for "Proposed Zone (B) Business" on Lot 1. • Staff.- complete. e. Illustrate the existing lot configuration and the proposed lot configuration separately on the plat for reference. • Staff.- complete. 3. Submission of draft Covenants and Restrictions sent August 22, 2017. • Staff.- received draft 12/7/17. On November 15, 2017, the applicant submitted a PDF version of the revised map. In a letter dated November 30, 2017, Planning Staff required the above mentioned items with the inclusion of the following: 1. 5 paper copies of the plan with the following required notation: a. Add a notation to the 10' x 150' vegetated buffer that specifies the following to be planted: i. 2 staggered rows of evergreens 6 —7' tall at 10' on center. Your client may choose one or any combination of the following species: Blue Spruce, Thuja Plicata, Norway Spruce or Eastern Red Cedar for this planting. Specify on the plan which of the four species of 2 5C Soutl olid Planning Department Staff Report evergreen will be used in the buffer (all four can be included if that is easier). • Staff: complete. The plan includes a notation that 2 rows of 6-7'tall Norway Spruce will be planted at 10'on center in the buffer. Concrete Monuments According to the Southold Town Code, monuments are required to be installed at each change of direction to identify the property boundaries. §240-21 Technical Requirements. Permanent reference monuments shall be both shown and constructed in accordance with specification(s) of the Town Engineering Office. When referenced to the State system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineering Office and their location noted and referenced on the plat. §161-3 Final plans. Concrete monuments, four inches by four inches by 30 inches, shall be shown at all changes of alignment, at points of curvature and tangency and at 100 feet along curves. These monuments, together with the beginning and ending of all roads, shall be shown on both sides of the highway. There are currently no concrete monuments shown on the plat. V: Staff Recommendations 1. Find the application complete. 2. Set the public hearing for January 8, 2018. 3. Require that the applicant install concrete monuments at the two southern corners of the new property line as a condition of Conditional Final Approval to satisfy the requirements of§240-21 Technical Requirements and §161-3 Final plans. 4. Require the applicant file the C&R's as a condition of Conditional Final Approval. The Planning Board will continue their review process as follows: 3 59 Southoid Planning Department Staff Report 1. Refer application to the Suffolk County Planning Commission for comment; 2. Set and hold the Public Hearing at a Planning Board Public Meeting; 3. Referral review & SEQR Determination at a Planning Board Work Session; 4. Conditional Final Approval with the following conditions: a. File the C&R's with Suffolk County Clerk and submit proof of filing b. Install the concrete monuments at the two southern corners of the new lot line. 5. Planning Board work session review that conditions of Conditional Approval were met. 6. Final Approval by resolution at a Planning Board Public Meeting with conditions to include: a. Improvements to the property, including additional parking beyond the existing parking area shown on the approved plan and/or building additions, require site plan approval by the Planning Board. 4 OFFICE LOCATION: OF SOU MAILING ADDRESS: Town Hall Annex �� ryo P.O.Box 1179 54375 State Route 25 O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY Telephone: 631 765-1938 www.southoldtownny.gov �yc4UMf`I,N PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 2017 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 , Re: Lot Line Modification for Allen Ovsianik 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board reviewed the above-referenced application at their December 18, 2017 Work Session and found the application complete and agreed to set the Public Hearing for January 8, 2018. Instructions for following through with the notification requirements for the hearing will be provided in a separate letter. The Board also agreed that this Lot Line Modification is eligible for a waiver of the requirement to obtain approval from the Suffolk County Department of Health Services (SCDHS) prior to receiving approval from the Town. The property owners will be required to sign a statement that they understand that the need for SDCHS approval of a Lot Line Modification has not been waived, just the order in which they obtain it. The Planning Board will continue their review process as follows: 1. The application will be referred to the Suffolk County Planning Commission for comment as required by law; 2. The Public Hearing will be held and the action classified as Unlisted under SEQRA on January 8, 2018; 3. The application will be reviewed under SEAR as required by law; Southold Town Planning I- - .rd Page 2 December 19, 2017 4. The application will be reviewed for any revisions and for a SEAR determination by the Board at a Work Session following the Public Hearing; 5. The Board will consider a resolution at a regularly scheduled public meeting for Conditional Final Approval with the following conditions: a. File the Covenants and Restrictions with the Suffolk County Clerk's Office and submit proof of filing to the Planning Department; b. Install concrete monuments at the two southern corners of the new property line as a condition of Conditional Final Approval to satisfy the requirements of§240-21 Technical Requirements and §161-3 Final plans; 6. Upon notification by the applicant that the conditions were met, the application will be scheduled for a Planning Board Work Session to review for Final Approval; 7. Consider a resolution for Final-Approval at a regularly scheduled public meeting with the following condition: a. Improvements to the property, including additional parking beyond the existing parking area shown on the approved plan and/or building additions, require Site Plan Approval by the Planning Board; 8. After Final Approval, the deeds describing the lot line modification may be filed with the Suffolk County Clerk. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, Erica Bufkins C Planner Trainee I� I OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �J�OF SyO P.O.Box 1179 54375 State Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 N www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: December 20, 2017 Re: Deferred Revenue The Lot Line Change Application referenced below has been accepted by the Planning Board and the funds may be processed to Planning Applications Revenue Account B2115.10. Thank you. Applicant/Project Name & Tax Map # Amount Check Date/No. Type Authorization Code Ovsianik Resubdivision (Lot Line 97-2-15 3/13/15#1782 Change) application fee 97-2-16 $500.00 William Goggins JAM GOGGINS & ASSOCIATES _ ATTORNEYS AT-LAW D EC EH E WILLIAM C.GOGGINS,Esq. 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 DEC 0 7 2017 ` PHILIP J.BRANIGAN,Esq. Phone: (631) 298-4818 Of Counsel Fax: (631) 298-4214 Southold Zbwn DONALD A.MATES,Esq gogginslaw@gmail.com Planning Board Of Counsel December 6, 2017 Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Attn: Erica Bufkins, Planner Re: 225 Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-015.000 and 016.005; Allen W. Ovsianik r Dear Mr. Bufkins: In connection with the above referenced matter, enclosed please find the documents requested in your November 29, 2017 correspondence: 1. Schedule A for each deed; 2. Draft Covenants; and 3. Five (5) copies of Amended Plan Please advise. Thank you. Very truly yours, r f William C. doggins WCG\dmp � F DECLARATION OF COVENANTS AND RESTRICTIONS KDEC 0 7 2017 Southold Town Planning Boa rd DECLARATION made this day of December, 2017, by Alan Ovsianik, presently residing at 8490 Soundview Avenue, Southold, New York 11971, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate at [on] 225 Eugenes Road, Cutchogue, Town of Southold, County of Suffolk, State of New York 11935, (Suffolk County Tax Map parcel number(s) 1000-097.00- 02.00-015.000 and 1000-097.00-02.00-016.005), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning'Board of the Town of Southold for a re-subdivision to shift lot lines as shown in Exhibit,,;�47 A; and on the re-subdivision map on file with the Planning Board entitled "Allen Ovsianik" prepared by John C. Ehlers Land Surveyor, last dated November 30, 2017, hereinafter referred to as "the Re-subdivision Map"; and WHEREAS, for and in consideration of the granting approval of said re- subdivision application, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the re-subdivision of the subject property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: i That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the covenants and restrictions as herein cited, to wit: j 1. Maintain the 20 foot-wide vegetated buffer required along the entire southwestern property line of Lot 2 with evergreen trees. 2. Maintain the 10 foot-wide vegetated buffer required along the entire southeastern property line of Lot 1. i 3. All stormwater run-off resulting from the development of the lots shall be retained on site and shall be the responsibility of each lot owner. I 4. Utilities for Lot 2, including but not limited to electric, gas, telephone and cable, must be located underground. 5. Landscaping and fertilizer restrictions: a. The use of synthetic fertilizers, herbicides or pesticides is prohibited; b. The use of native, drought-tolerant plants that are on the list approved by the Planning Department are required in landscaping said lots. c. The use of fertilizer products containing nitrogen, phosphorus or potassium is prohibited between November 1 and April 1. d. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. e. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted. f. The use of lawn fertilizer containing phosphorous is prohibited unless establishing a new lawn or a soil test shows that the lawn does not have enough phosphorus. 2 g. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up. 6. Underground storage tanks are prohibited, except those with spill, overfill and corrosion protection requirements in place. 7. The driveway serving Lot 2 shall be constructed of pervious materials. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 3 IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: ALLEN OVSIANIK STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On this day of December, in the year 2017, before me personally appeared ALLEN OVSIANIK, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public r t D � CEE v DEC 0 7 2017 Southold Town Planning Board ALAN W. OVSIANIK SCTM No. 1000-097.00-02.00-016.005 SCTM No. 1000-097.00-02.00-015..000 METES & BOUNDS DESCRIPTION PROPOSED LOT 1 BEGINNING at a point formed by the southeast intersection of Main Road and Eugene's Road, in the Hamlet of Cutchogue, Town of Southold; County of Suffolk, State of New York: RUNNING THENCE along the Main Road, North 42 degrees 12 mies 00 seconds East a distance of 136.14 feet along Main Road to a point; THENCE South 50 degrees 34 minutes 00 seconds East a distance of 121 feet to a point;, THENCE North 42 degrees 12 minutes 00 seconds East a distance of 90 feet to a point; THENCE South 50 degrees 34 minutes 00 seconds East a distance of 121 feet,to a point; THENCE South 26 degrees 11 minutes 50 seconds West a distance of 144.34 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West a distance of 272.75 along Eugene's Road to the point and place of BEGINNING. DEC 0 7 2017 ALAN W. OVSIANIK soutna"`'7°''vs; Planning BDarO SCTM No. 1000-097.00-02.00-016.005 SCTM No. 1000-097.00-02.00-015.000 METES & BOUNDS DESCRIPTION PROPOSED LOT 2 N BEGINNING at a point a distance of 226.14 feet east the southeast intersection of Main Road and Eugene's Road, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York: RUNNING THENCE along the Main Road North 43 degrees 44 minutes 40 seconds East a distance of 131.22 feet to a point; THENCE South 68 degrees 15 minutes 00 seconds East a distance of 220.48 feet to a point; THENCE South 26 degrees 11 minutes 50 seconds West a distance of 331.63 feet to a point; THENCE North 68 degrees 42 minutes 40 seconds West a distance of 50.18 feet to a point; THENCE North 26 degrees 11 minutes 50 seconds East a distance of 144.34 feet to a point; THENCE North 50 degrees 34 Minutes 00 seconds West a distance of 215.12 feet to the point and place of BEGINNING. V V OFFICE LOCATION: MAILING ADDRESS.- Town DDRESS:Town Hall Annex ©f SOU P.O.Box 1179 54375 State Route 25 �j Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) Southold,NY Telephone:631765-1938 ua www.southoldtownny.gov COPY PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 29, 2017 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik 225 Eugenes Road, Cutchogue - SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Department reviewed the map you sent by email on November 15, 2017. The map appears to contain all the revisions the Planning Board required except for a notation about the specific types and size of vegetation to be planted in the 10' x 150' buffer. The application remains incomplete with the following items to be submitted: 1. The Schedule A for the draft deed with the legal description of the lot line modification describing each new lot's metes and bounds; 2. Review and submit a draft of the covenants and restrictions template sent August 22, 2017, and attached again with this letter; 3. 5 paper copies of the plan with the following required notation: a. Add a notation to the 10' x 150' vegetated buffer that specifies the following to be planted: i. 2 staggered rows of evergreens 6 —7' tall at 10' on center. Your client may choose one or any combination of the following species: Blue spruce, Thuja plicata, Norway spruce or Eastern red cedar for this planting. Specify on the plan which of the four species of r ' kf Southold Town Planning Board Page 2 November 29, 2017 evergreen will be used in the buffer (all four can be included if that is easier). Once the items listed above are submitted, the application can be complete. Upon completion, the Planning Board will be able to continue their review process as follows: 1. Application found complete at a Planning Board work session (the first available work session after the items listed above are submitted); 1 2. Refer application to the Suffolk County Planning Commission for comment; 3. Set and hold the Public Hearing at a Planning Board public meeting; 4. Referral review & SEQR Determination at a Planning Board work session; 5. Final Approval by resolution at a Planning Board public meeting. If you have any questions regarding the above, please contact this office at 631-765- 1938. Very truly yours, Erica Bufkins Planner Trainee ^ 1 t y� OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �q soUry P.O. Box 1179 54375 State Route 25 �Q� OHO Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 G www.southoldtownny.gov UNTY, PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk.County Planning Commission From: Erica B.ufkins, Planner Trainee t�?b Date: November 30, 2017 Re: Re-Subdivision Application Review- Proposed Re-Subdivision for Ovsianik • Request for Comments pursuant to Section A14-24, Suffolk County Administrative Code • SEQR Lead Agency Request The purpose of this request is to seek comments from your agency, and also to determine lead agency and coordinate review under Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements from the Suffolk County Planning Commission that the Southold Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Southold Referral & SEQR Coordination November 30, 2017 Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Project Name: Ovsianik Re-Subdivision Address: 225 Eugenes Road, Cutchogue, NY Tax Map #: 1000-97.-2- 15 & 16.5 Requested Action: This re-subdivision proposes to transfer approximately 0.40 acres from SCTM#1000-97.-2-16.5 to SCTM#1000-97.-2-15. The subject parcel is a total of 1.8 acres. The reason for this re-subdivision is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Erica Bufkins, Planner Trainee (631) 765-1938 Enclosures: Environmental Assessment Form Subdivision Application Form Subdivision Map(s) 2 OQ Southold Planning Department Staff Report Subdivision Application Work Session Review Date June 26, 2017 Prepared By: Erica Bufkins I. Application Information Project Title: Lot Line Change Ovsianik Applicant: Allan Ovsianik/William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97-2-15 &16.5 Project Location: Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 1.8 acres # of Lots Proposed: NA III: Action to review Completeness Review IV: Analysis This lot line modification is proposing to transfer approximately 0.4 acres from SCTM# 1000-97-2-16.5 to SCTM# 1000-97-2-15. The reason for this lot line modification is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. The proposed lot line modification is an Unlisted Action under SEQRA. If SCDHS approval is not required, SEQRA can be done as an uncoordinated review. In the follow-up letter dated April 7, 2015 regarding the completeness of the application, the Planning Board requested various items. The only outstanding requirement at that time was to obtain a variance from the Zoning Board of Appeals, which was granted January 19, 2017, as shown on the Survey/Site Plan prepared by John C. Ehlers, L.S., dated July 19, 2010 and last revised December 8, 2016. The variance granted to the applicant was different than the lot line location recommended by the Planning Board. The map for the lot line requires additional revisions to meet the lot line application requirements. _ ,R JDJO Southold Planning Department Stafe ort Waiver of the requirement for SCDHS approval prior to Final Approval of the Lot Line Modification: This application does not meet the Planning Board's criteria to be eligible for a waiver. One of the proposed lots is vacant and will need the Health Department to recognize the new parcel for any construction to be approved by their agency. V: Staff Recommendations 1. Determine whether SCDHS approval is going to be required. Recommend that if the Board agrees to waive Health Department approval, both lot owners sign the acknowledgement that they may need a future approval from the SCDHS. 2. Find the application incomplete with the following items to be submitted: a. The Schedule A with the legal description of the lot line modification and an Exhibit A with a sketch illustrating the modification on legal or letter size paper to go with the draft deed that was already submitted. b. Require the submission of 5 copies of the plan including the following revisions: i. Show the existing acreage of Lots 15 & 16.5 and the amount of acreage proposed to be transferred in the Notes section. ii. Revise the property boundary illustrated as "Existing Lot Line" to a dashed line. Ensure that the notation for existing zoning line and existing lot line are differentiated. iii. Implement a 25' transition buffer along the new proposed lot line, as required by §280-94 Transition buffer area. iv. Remove the notation for "Proposed Zone (B) Business" on Lot 1. V. Illustrate the existing lot configuration and the proposed lot configuration in separately on the plat for reference. 3. Draft Covenants & Restrictions will be required. The Planning Staff will provide the applicant with a template. 2 �YDSUFF�'t,4'�o� gBoard OJUN 1 South� pllannin SOUTHOLD PLANNING DEPARTMENT AMENDED Re-subdivision (Lot Line Modification) Application Form APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name Ovsianik 2 Suffolk County Tax Map #(include all tax map parcels involved) 1000-097.00-02.00-015.000 and 016.005 3. Hamlet Cutchogue 4. Street Location Main Road 5. Acreage of Site 1.8271 acres 6 Zoning District Business Zone ; and R-80 residential 7. Date of Submission June 15, 2015 S. Please provide the names, addresses and phone numbers for the following people: Apphcanl. Allen Ovsianik by William C. Goggins P.O. Box 65, 13235 Main Road Mattituck, New York 11952 -631) 29 -Mg— Re-Suhdivisron.-Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: Property Ovvner(s): Allen Ovsianik Soundview Avenue _ Southold, New York 11971 Surveyor: John C. Ehlers 6 East Main Street Riverhead, New York 11901 (631) 369-8287 Engineer: N/A ---- Attorney: William C. Goggins P.O. Box 65, 13235 Main Road � HaJuisaLck. trz aozk_.__.l_19.5 2_ (631) 298-4818 9. Briefly describe the proposed lot line change and state reason(s)for requesting same Change lot lines to be consistent with the permitted and existing uses. 2 Re-Subdrvtsion Application Form 10.DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? no (b) Affect any area reserved for public use? no (c) Diminish the size of any lot? `yes (d) Create an additional building lot? no (e) Create a nonconforming lot? yes (f) Require a variance from the Zoning Board of Appeals? yes ' (g) Impact the future planning of the subject properties? yes 11. Does the parcel(s) meet the Lot Recognition standard in Town Code 280-9 Lot Recognition? Yes x . No—y—. if"yes", explain how: Lot 15 was established by deed prior to June 30, 1983;, and Lot 16.5 through Planning Board approved subdivision. 12.Does this application meet the standard in & 240-57. Waiver, adjustment of property lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. 13. Application completed by [ ] owner [x] agent [ ] other Upon submitting a completed application, the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code& 240-57. Waiver, adjustment of property lines. If the application meets the criteria for a waiver, the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. Signature of Preparer v Date 3 Re-Subdirision.4pplication Form 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: I Ovsianik I ! Project Location(describe,and attach a location map): corner of 32930 Route 25 and Eugene's Road, Cutchogue, New York 11935 Brief Description of Proposed Action: Lot line change Name of Applicant or Sponsor: Telephone: Allen Ovsianik E-Mail: I Address: c/o P.O. Box 65 f City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require-a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town Board, Planning Board X 3.a.Total acreage of the site of the proposed action? 1.8269 acres b.Total acreage to be physically disturbed? 0.00 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0,08 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? Yes and No b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? i NO YES If the proposed action will exceed requirements,describe design features and technologies: I X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any Oortion of the site of the proposed action,or lands adjoining the proposed action,contain NO I YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X I If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE pp�� � r f�' Applicant/sponsor a e• L{r�i Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may I occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? I I 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 4 4 1 1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *1 SO(/rP.O. Box 1179 54375 State Route 25 Q �� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1935 Southold, NY www.southoldtownny.gov ® aQ PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 2017 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Department reviewed the map you sent by email on November 15, 2017. The map appears to contain all the revisions the Planning Board required except for a notation about the specific types and size of vegetation to be planted in the 10' x 150' buffer. The application remains incomplete with the following items to be submitted: 1. The Schedule A for the draft deed with the legal description of the Lot Line Modification describing each new lot's metes and, bounds; 2. Review and submit a draft of the Covenants and Restrictions template sent August 22, 2017, and attached again with this letter; 3. 5 paper copies of the plan with the following required notation: a. Add a notation to the 10' x 150' vegetated buffer that specifies the following to be planted: i. 2 staggered rows of evergreens 6 —7' tall at 10' on center. Your client may choose one or any combination of the following species: Blue Spruce, Thuja Plicata, Norway Spruce or Eastern Red Cedar for this planting. Specify on the plan which of the four species of t Southold Town Planning Board Page 2 November 30, 2017 evergreen will be used in the buffer (all four can be included if that is easier). Once the items listed above are submitted, the application can be complete. Upon completion, the Planning Board will be able to continue their review process as follows: 1. Application found complete at a Planning Board Work Session (the first available Work Session after the items listed above are submitted); 2. Refer application to the Suffolk County Planning Commission for comment; 3. Set and hold the Public Hearing at a Planning Board Public Meeting; 4. Referral review & SEQR Determination at a Planning Board Work Session; 5. Final Approval by resolution at a Planning Board Public Meeting. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, Erica Bufkins Planner Trainee DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 20_, by presently residing at hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate at [on] , Town of Southold, County of Suffolk, State of New York, (Suffolk County Tax Map parcel number(s) ), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold for a re-subdivision to shift lot lines as shown in Exhibit A; and on the re-subdivision map on file with the Planning Board entitled "prepared by last dated , hereinafter referred to as "the Re-subdivision Map"; and WHEREAS, for and in consideration of the granting approval of said re- subdivision application, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the re-subdivision of the subject property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. Maintain the 20 foot-wide vegetated buffer required along the entire southwestern property line of Lot 2 with evergreen trees. 2. Maintain the 10 foot-wide vegetated buffer required along the entire southeastern property line of Lot 1. 3. All stormwater run-off resulting from the development of the lots shall be retained on site and shall be the responsibility of each lot owner. 4. Utilities for Lot 2, including but not limited to electric, gas, telephone and cable, must be located underground. 5. Landscaping and fertilizer restrictions: a. The use of synthetic fertilizers, herbicides or pesticides is prohibited; b. The use of native, drought-tolerant plants that are on the list approved by the Planning Department are required in landscaping said lots. c. The use of fertilizer products containing nitrogen, phosphorus or potassium is prohibited between November 1 and April 1. d. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. e. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted. f. The use of lawn fertilizer containing phosphorous is prohibited unless establishing a new lawn or a soil test shows that the lawn does not have enough phosphorus. 2 t g. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up. 6. Underground storage tanks are prohibited, except those with spill, overfill and corrosion protection requirements in place. 7. The driveway serving Lot 2 shall be constructed of pervious materials. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 3 IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this day of , in the year 20_, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 4 Schedule A. Legal Description of the Property Exhibit A. Outline of the parcels before and after the re-subdivision 5 MAILING ADDRESS: PLANNING BOARD MEMBERS *®F SOP.O. Box 1179 DONALD J.WILCENSKI ®� tel® Southold, NY 11971 Chair .� OFFICE LOCATION: WILLIAM J.CREMERS X, Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III '®l (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �/' rN� Southold, NY Telephone: 631765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 28, 2017 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board reviewed the above referenced application at their June 26, 2017 Work Session and agreed to waive the Health Department approval and requires that both lot owners sign an acknowledgement that they may require future approval from the SCDHS. The application was found incomplete with the following items to be submitted: a. The Schedule A with the legal description of the lot line modification describing each new lot's metes and bounds. b. An Exhibit A with a sketch illustrating the modification on legal or letter size paper to go with the draft deed that was already submitted (ideally shows a simplified before and after of the lot line change). c. 5 copies of the plan with the following revisions: a. Show the existing acreage of Lots 15 & 16.5 and the amount of acreage proposed to be transferred in the Notes section. b. Revise the line noted as "Existing Lot Line" to a format that can be easily differentiated from the zoning line. Ensure that the lines for the existing zoning line and existing lot line are able to be differentiated. Southold Town Planning Board Page 2 June 28, 2017 c. Make it clearer which lines are the new lot lines. Currently the notation for New Lot Line has an arrow that points to one of the two new lines. Find a way to make it clear that the 144.34' line is also entirely new. It may be that making the existing lot line clearer will help with this. d. Remove the notation "Proposed Zone (B) Business" on Lot 1. e. Remove the lines denoting parking spaces. Any parking lot in the future will require.a site plan. f. Illustrate the 10' x 150' vegetated buffer required by the Zoning Board of Appeals condition. Include proposed vegetation. g. Illustrate the existing lot configuration and the proposed lot configuration separately on the plat for reference (a marked-up plan was sent to you via e-mail for a visual reference to all the revisions required). A marked-up plan was sent to you via e-mail for a visual reference to all the revisions required above. The Planning Board agreed that the transition buffers noted on the marked-up plan are not necessary to add to the lot line plan and that any additional buffers on Proposed Lot 1 would be discussed during a future site plan review. We are happy to review a digital version of the revised plan via email prior to submitting the paper plans. Please be advised that attachments over 2MB may be rejected by our e- mail system. The Planning Board.also agreed to waive the requirement for approval from the Suffolk County Department of Health Services prior to their decision on this application. Additionally, Covenants & Restrictions will be required to be filed, and a template will be provided by the Planning Department. If you have any questions regarding the above, please contact this office at 631-765- 1938. Very truly yours, Erica Bufkins Planner Trainee r GOGGINS & ASSOCIATES ATTORNEYS AT LAW 13235 Main Road,P.O. Box 65 WILLIAM C.GOGGINS,Esq. j t Mattituck,New York 11952 PATRICK S.BURNS,Esq. Phone: (631) 298-4818 Associate Fax: (631) 298-4214 ` DONALD A.MATES,Esq. gogginslaw@gmail.comOf Counsel PHILIP J.BR ,Esq. Of Counsel P6 LL n rT F✓ E03 64,- June June 21, 2017 ,�,w 'Southold Town Planning Board53095 Main Road, P. O. Box 1179Southold, New York 11971 ' `'� Attn: Mark Terry, Planner Re: Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-016.005; Allen W. Ovsianik Dear Mr. Terry: In connection with the above referenced matter, we seek approval of the lot line change from the Planning Board. We have submitted everything requested, and secured the variance. Please issue the approval of the plans as approved by the Zoning Board of Appeals. Please advise. Thank you. Very truly yours 1 William C. Gogg' s WCG\dmp I. Southold Town Planning Board Work Session —June 26, 2u-17 -- Page 3 -- - --- -- - - -- ----- --- - -- --- - ------------------- - - - - - - - - -- Project Name: -_ _ Hazard, David & Barbara ; SCTM#: 1000-103-2-1 ----- - - ------- ----- -- -- - - -- -- --------- - - - -- - - - - - -- ---- Location: 1465 Harbor Lane, Cutchogue _ Description: This proposal is for a Standard Subdivision of a 5.14 acre parcel into two lots where Lot 1 = 2.47 acres inclusive of 0.03 acres of wetlands and Lot 2 = 2.67 acres inclusive of 0.08 acres of wetlands located in the R-80 ____ Zoning-District. Status: ; Pending Action: Preliminary Plat Completeness Attachments: Staff Report - - - ------- -------- ----- --- ---- ---- - -- -------------- --- - ---------- -- - ----- - - --- - ---------- Project Name__ Ridgway Standard Subdivision SCTM#: . 1000-6-1-3 Location: 1588 Fox Avenue, on the west side of Fox Avenue and adjacent to Hay Harbor on Fishers Island Description: This proposal is to subdivide a 9.6 acre parcel into 3 clustered lots where Lot 1 equals 4.3 acres inclusive of 3.8 acres of open space and 1.4 acres of unbuildable land, Lot 2 equals 1.6 acres and Lot 3 equals 3.7 acres inclusive of 2.0 acres of Open Space and 0.8 acres unbuildable land. The parcel is located in the_R-80_Zoning District. _ - - - - ---------- -- - - Status: ; Conditional Preliminary Plat Approval - ----- - ---- -- - - ---- - ------- - --- Action: ; Review Request for Waiver of Public Hearing on Final Plat ------- -- -- --- - -- --- -- - -- ---------- -------------- ---- --- -- Attachments: Staff Report Project name__ Baxter, William J. Jr. , SCTM#: 1000-102-5-9.4 Location: 260 Griffing_Avenue, Cutchogue Description: This proposal is a Standard Subdivision of a 2.38 acre parcel into 4 lots where Lot 1 = 0.62 acres, Lot 2 = 0.63 acres, Lot 3 = 0.62 acres and Lot 4 = 0.52 acres, in the Hamlet-Business- Zoning District. ------ C ----- ------ - -- - - --- -- --- - - - - - - - - - -- -- ---------- Status: Conditional Sketch Approval -- C - - - --- -------- ---- - - - - - - -- - ------ ------- -- -- - - -- Action: Review Request for Extension Attachments: Staff Report - - - ----- - - - - - - - --------- ----- Project Name_ Ovsianik, Allen ; SCTM#: 1000-97-2-15 & 1.6.5 Location: 225 Eugenes Rd., Cutchogue Description: This proposed Lot Line Modification transfers 0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. Lot 15 will increase in size from 0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acr-es to 1.1 acres-located-0--the-R-80 and B Zones-. -------- - - --- -- ------ - -- ---- in----- - - -- - ---- -- - - - Status: Pending_ -- - Action: Review- for-completeness - -- -- ----- - ---- - -- --- - - - - - - - -- -- -- - - ---- Attachments:- Staff Report GOGGINS & ASSOCIATEn ,� ATTORNEYS AT LAW WILLIAM C.GOGGINS,Esq. 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 PHILIP J.BRANIGAN,Esq. Phone: (631) 298-4818 l� Of Counsel Fax: (631) 298-4214 FEB 13 2017 DONALD A.MATES,Esq. gogginslaw@gmail.com Of Counsel SoUftid Town Planning Board February 6, 2017 Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Attn: Brian Cummings, Planner Re: Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-016.005; Allen W. Ovsianik Dear Mr. Cummings: In connection with the above referenced matter, enclosed please find the ABA approval. We seek approval of the lot line change from the Planning Board. Please advise. Thank you. Very truly your , William C. Gog ns WCG\dmp Enclosure BOARD MEMBERS ®F S�(/�, f Southold Town Hall Leslie Kanes Weisman,Chairperson ��\ yQl 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQ(fSouthold,NY 11971 http://southoldtown.northfork.net R CE�VE® ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JAN 2 4 20�,1� Tel.(631)765-1809•Fax(631)765-9064 e44,0��A 0'. cathold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19,2017 ZBA FILE: 7017 NAME OF APPLICANT: ,Allen Ov;iardk PROPERTY LOCATION: 32930 Route 25 and 225 Eugene's Road, Cutchogue SCTM#'s 1000 -97- 2 - 15 & 16.5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type It category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 15, 2016stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PLANNING BOARD OF THE TOWN OF SOUTHOLD: On December 28, 2016, the Planning Board provided written comments recommending that the Zoning Board of Appeals grant alternative relief to increase the easterly buffer on the proposed lot no. 2 from 50 feet to 70 feet in width, which would still permit suitable area to add parking and landscaping required by site plan standards. It was suggested that included with the ZBA approval, permission be granted to use residentially zoned land for commercial parking. Additional comments were made concerning the potential action by the applicant to submit a petition for change of zone. PROPERTY FACTS/DESCRIPTION: The applicant's property, subject to a subdivision petition, is a non- conforming 79,577 sq. ft. split zoned parcel located primarily in the R-40 Zoning District. The property measures 136 feet and 131.22 feet along NYS Route 25, Main Road, on the westerly property line, 220.48 feet along the northerly property line, 331.63 feet along the easterly property line and measures 322.93 feet along Eugene's Road, on the southerly property line. The property is currently improved with a one story frame commercial building and a one story metal building and operates as an automotive gas service operation as shown on the survey prepared by John C.Ehlers,L.S., last revised December 8,2016. ' r _ Page 2,January 19, 2017 #7017, Ovsianik SCTM No. 1000-97-2-15 & 16.5 BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-14 and the Building Inspector's November 21,2016,Amended December 22,2016,Notice of Disapproval based on an application to permit a lot line change to create two non-conforming lots, at: 1) lots proposed at less than the code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 & 16.5. 1 RELIEF REQUESTED: The boundary line alteration proposes to correct the nori-conformance of an existing commercial building (CO#Z-17053, July 6, 1988)that was constructed on two separate lots, Lot 15 and Lot 16.5. The proposed lot line change will increase the split zoned commercial/residential parcel from 13,939 sq. ft. to 32,974 sq. ft. and, subsequently, proposed lot 2 will be reduced from 67,082 sq. ftJ to 46,603 sq. ft. Both lots require variances because of the configuration of proposed non-conforming lot sizes where the code requires 80,000 sq. ft. for each of the lots ADDITIONAL INFORMATION: The Board received a memorandum from the Planning Board dated December 28, 2016. The memorandum recommends increasing the width of the Eugene's Road portion of proposed lot #2 from 50 feet to 70 feet for the purpose of creating an additional buffer to the residential property to the east. The Board finds that the proposed buffer vegetation on the easterly property line of proposed Lot #1 along with an additional 10 foot wide by 150 foot long vegetated buffer along the adjoining property line of proposed Lot#2 and 'the residential parcel to the east will create a substantial buffer. Additionally the applicant's agent testified that increasing the buffer width to 70 feet may reduce the area needed by proposed Lot#J for future parking per code which requires 4 parking spaces per each of the 5 existing garage doors and 3 employee spaces. Finally, the dwelling to the-,east of proposed lot 2 is sited 20 feet away from the shared property line and an additional vegetated buffer will be conditioned to mitigate any adverse impacts from the business use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5,2017, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1 I 1. Town Law X267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lot#2 will be similar in size to four of the existing R-80 zoned lots to the east on Eugene's Road. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Lot 16.5 (proposed lot #2)1 is presently non-conforming with respect to the minimum lot size requirements of the R-80 zone and to reduce its lot size will increase its nonconformity, consequently requiring a variance. Furthermore, the subject commercial building, having a, certificate of occupancy, was constructed on both lots 15 and 16.5 and is situated on the adjoining lot line of Lot 16.5 and lot 15 necessitating a lot line change to correct this non-conformance. A 3: Town Law §267=b(3)(b)(3).. The variance granted'herein is mathematically substantial,representing 42%relief from the code. Although, the proposed lot line change for lot 2 will create a 46,603 sq. ft. lot in the R-80 zone, proposed lot 2 is similar in size to four of the residential lots to the east on Eugene's Road. Proposed lot 1 will become 32,974 square feet which is conforming to the B zone but is not conforming t6 the 80,000 sq. ft. required in the R80 Zone district on this split zoned property. I l k I � Page 3,January 19, 2017 #7017, Ovsianik SUM No. 1000-97-2-15 & 16.5 t 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town, Law §267-b(3)(b)(5). The difficulty has not been self-created. There was a certificate of occupancy issued for the commercial building which is partially located on Lot #15 (B-zoned) and Lot 416.5 (R-80 zoned). The proposed lot line change is necessary to bring the commercial building into conformance with the code. 6. Town Law 4267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a "lot line change", while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Horning, and duly carried,to GRANT the variance as applied for, and as shown on the Survey/Site Plan prepared by John C.Ehlers,L.S.,dated July 19, 2010 and last revised December 8, 2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Create a 10 foot wide by 150 foot long vegetated buffer along the easterly property line of proposed lot#2 beginning at Eugene's Road. 2. Obtain approval from the Southold Town Planning Board for the proposed lot line change. 3. Future commercial parking is permitted on the residential portion of proposed lot 1, such as those depicted on the subject survey/site plan cited above, only with the site plan approval of the Southold Town Planning Board. 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(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. 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. Pursuant to Chapter 280-146(B) of the Code of the.Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been ly y � r Page 4,January 19, 2017 'y OQ17, Ovsianik SUM No. 1000-97-2-15 & 16.5 procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning, and Dantes (Member Goehringer not present). This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing /� /2017 f Y y BOARD MEMBERS �pF SOUTy Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Ol® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning ply `�® 54375 Main Road(at Youngs Avenue) Kenneth Schneider c®(J ,�`t`v Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631)765-9064 January 24,2017 William C. Goggins Attorney at Law P. O. Box 65 Mattituck,NY 11952 RE: ZBA Appeal No. 7017,Allen Ovsianik SCTM No. 1000-97-2-15 & 16.5 Dear Applicant; Transmitted for your records is a copy of the Board's January 19, 2017 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sincere , Kim E. Fuentes Board Assistant Encl. cc: Building Dept. Michaelis,Jessica 00\AA-L t IkA-- From: Cummings, Brian A. D E C E Sent: Monday, February 06, 2017 9:07 AM To: Michaelis,Jessica FEB ® 0 2017 Subject: FW: Ovsianik Attachments: Ovsianik ZBA Approval 2017.pdf, Ovsianik Planning Letter. f Southold Town Planning Board For mail please From: Bill Goggins [mailto:gogginslaw@gmail.com] Sent: Sunday, February 05, 2017 4:21 PM To: Cummings, Brian A. Subject: Ovsianik Hi Brian: Attached please find a cover letter and ZBA approval. I believe we have met all conditions. We seek approval of the lot line change Thank you. William Goggins P.O. Box 65, 13235 Main Road Mattituck, New York 11952 (631) 298-4818 gogginslaw(c gmail.com i OOOOINS & ASSOCIATES A TTOR.NE YS AT LAW WILLIAM C.GOGGINS,Esq. 13235 Main Road, P.O. Box 65 Mattituck, New York 11952 PHILIP j.BRANIGAN,Esq. Phone: (631)298-4818 Of Counsel Fax: (631) 2984214 DONALD A.MATES,Esq. gogginslaw@gmail.com Of Counsel February 6, 2017 Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New fork 11971 Attn: Brian Cummings, Planner Re: Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-016.005; Allen W. Ovsianik Dear Mr. Cummings: In connection with the above referenced matter, enclosed please find the ABA approval. We seek approval of the lot line change from the Planning Board. Please advise. Thank you. Very truly your , t'----' William C. og ns WCx\dmp Enclosure BOARD MEMBERSSouthold Town Hall ® Leslie Kanes Weisman,Chairperson � S���®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Qf lce Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider CaU ,� Southold,NY 11971 http://southoldtown.northfork.net CEIVE ZONING BOARD OF APPI✓AL,S � 3`15J[}'YtL, TOWN OF SOUTHOLD JAN 2 4 20 7 Tel.(631)765-1809 -Fax(631)765-9064 ,n uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19,2017 ZBA FILE: 7017 NAME OF APPLICANT: Allen Ovsianik PROPERTY LOCATION: 32930 Route 25 and 225 Eugene's Road,Cutchogue SCTM#'s 1000-97-2- 15 & 16.5 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 15, 2016stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PLANNING BOARD OF THE TOWN OF SOUTHOLD: On December 28, 2016, the Planning Board provided written comments recommending that the Zoning Board of Appeals grant alternative relief to increase the easterly buffer on the proposed lot no. 2 from 50 feet to 70 feet in width, which would still permit suitable area to add parking and landscaping required by site plan standards. It was suggested that included with the ZBA approval, permission be granted to use residentially zoned land for commercial parking. Additional comments were made concerning the potential action by the applicant to submit a petition for change of zone. PROPERTY FACTS/DESCRIPTION: The applicant's property, subject to a subdivision petition, is a non- conforming 79,577 sq. ft. split zoned parcel located primarily in the R40 Zoning District. The property measures 136 feet and 131.22 feet along NYS Route 25, Main Road, on the westerly property line, 220.48 feet along the northerly property line, 331.63 feet along the easterly property line and measures 322.93 feet along Eugene's Road, on the southerly property line. The property is currently improved with a one story frame cornmercial building and a one story metal building and operates as an automotive gas service operation as shown on the survey prepared by John C. Ehlers,L.S., last revised December 8,2016. Page 2,January 19, 2017 #7017,Ovsianik SCTM No. 1000-97-2-15&16.5 BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-14 and the Building Inspector's November 21,2016,Amended December 22,2016,Notice of Disapproval based on an application to permit a lot line change to create two non-conforming lots, at: 1) lots proposed at less than the code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 & 16.5. RELIEF REQUESTED: The boundary line alteration proposes to correct the non-conformance of an existing commercial building(CO#Z-17053, July 6, 1988)that was constructed on two separate lots, Lot 15 and Lot 16.5. The proposed lot line change will increase the split zoned commercial/residential parcel from 13,939 sq. ft. to 32,974 sq. ft. and, subsequently, proposed lot 2 will be reduced from 67,082 sq. ft. to 46,603 sq. ft. Both lots require variances because of the configuration of proposed non-conforming lot sizes where the code requires 80,000 sq. ft.for each of the lots ADDITIONAL INFORMATION: The Board received a memorandum from the Planning Board dated December 28, 2016. The memorandum recommends increasing the width of the Eugene's Road portion of proposed lot #2 from 50 feet to 70 feet for the purpose of creating an additional buffer to the residential property to the east. The Board finds that the proposed buffer vegetation on the easterly property line of proposed Lot 91 along with an additional 10 foot wide by 150 foot long vegetated buffer along the adjoining property line of proposed Lot#2 and the residential parcel to the east will create a substantial buffer. Additionally the applicant's agent testified that increasing the buffer width to 70 feet may reduce the area needed by proposed Lot #1 for future parking per code which requires 4 parking spaces per each of the 5 existing garage doors and 3 employee spaces. Finally, the dwelling to the east of proposed Iot 2 is sited 20 feet away from the shared property line and an additional vegetated buffer will be conditioned to mitigate any adverse impacts from the business use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2017,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law$267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lot#2 will be similar in size to four of the existing R-80 zoned lots to the east on Eugene's Road. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Lot 16.5 (proposed lot #2) is presently non-conforming with respect to the minimum lot size requirements of the R-80 zone and to reduce its lot size will increase its nonconformity, consequently requiring a variance. Furthermore, the subject commercial building, having a certificate of occupancy, was constructed on both lots 15 and 16.5 and is situated on the adjoining lot line of Lot 16.5 and lot 15 necessitating a lot line change to correct this non-conformance. 3. Town Law§267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 42% relief from the code. Although, die proposed lot line change for lot 2 will create a 46,603 sq. ft. lot in the R-80 zone, proposed lot 2 is similar in size to four of the residential lots to the east on Eugene's Road. Proposed lot I will become 32,974 square feet which is conforming to the B zone but is not conforming to the 80,000 sq. ft. required in the 1180 Zone district on this split zoned property. Page 3,January 19, 2017 #7017, Ovsianik SUM No.1000-97-2-15&16.5 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has not been self-created. There was a certificate of occupancy issued for the commercial building which is partially located on Lot #I5 (B-zoned) and Lot #16.5 (R-80 zoned). The proposed Iot Iine change is necessary to bring the commercial building into conformance with the code. 6. Town Law §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a "lot line change', while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Horning, and duly carried,to GRANT the variance as applied for,and as shown on the Survey/Site Plan prepared by John C.Ehlers,L.S.,dated July 19,2010 and last revised December 8,2016. SUBJECT TO THE FOLLOWING CONDITIONS: I. Create a 10 foot wide by 150 foot long vegetated buffer along the easterly property line of proposed lot#2 beginning at Eugene's Road. 2. Obtain approval from the Southold Town Planning Board for the proposed lot line change, 3. Future commercial parking is permitted on the residential portion of proposed lot I, such as those depicted on the subject survey/site plan cited above, only with the site plan approval of the Southold Town Planning Board. 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 buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. The Board reserves the right to substitute a similar design that is de minimis in nature far an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the'Town of Southold any variance granted by the .Board of Appeals shall become null and void where a Certificate of Occupancy has not been r Page 4,January 19, 2017 #7017,Ovsianik SUM No. 1000-97-2-15&16.5 procured, and/or a subdivision reap has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board• Ayes:Members Weisman (Chairperson), Schneider, Horning, and Dantes(Member Goehringer not present). This Resolution was duly adopted (4-0). c Leslie Kanes Weisman,Chairperson Approved for filing % 14 /20I7 BOARD MEMBERS �' Southold Town Hall O��`O� $oUjyOl 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson - , 4 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� a0 54375 Main Road(at Youngs Avenue) Kenneth Schneider COW T`I, Southold,NY 11971 14 �` L,1 http://southoldtown.northfork.net CE0VED f� D C � � � E ZONING BOARD OF APPEALS � � j TOWN OF SOUTHOLD JAN 2 4 2Q��� JAN 2 5 2017 Tel.(631)765-1809•Fax(631)765-9064e4�Ea (9,- Southold Town uthotd Town Clerk Planning Board FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19,2017 ZBA FILE: 7017 NAME OF APPLICANT: Allen Ovsianik PROPERTY LOCATION: 32930 Route 25 and 225 Eugene's Road, Cutchogue SCTM#'s 1000 -97- 2 - 15 & 16.5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections'A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 15, 2016stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PLANNING BOARD OF THE TOWN OF SOUTHOLD: On December 28, 2016, the Planning Board provided written comments recommending that the Zoning Board of Appeals grant alternative relief to increase the easterly buffer on the proposed lot no. 2 from 50 feet to 70 feet in width, which would still permit suitable area to add parking and landscaping required by site plan standards. It was suggested that included with the ZBA approval, permission be granted to use residentially zoned land for commercial parking. Additional comments were made- concerning adeconcerning the potential action by the applicant to submit a petition for change of zone. PROPERTY FACTSIDESCRIPTION: The applicant's property, subject to a subdivision petition, is a non- conforming 79,577 sq. ft, split zoned parcel located primarily in the R-40 Zoning District. The property measures 136 feet and 131.22 feet along NYS Route 25, Main Road, on the westerly property line, 220.48 feet along the northerly property line, 331.63 feet along the easterly property line and measures 322.93 feet along Eugene's Road, on the southerly property line. The property is currently improved with a one story frame commercial building and a one story metal building and operates as an automotive gas service operation as shown on the survey prepared by John C.Ehlers,L.S., last revised December 8,2016. f k Page 2,January 19, 2017 #7017, Ovsianik SCTM No. 1000-97-2-15 & 16.5 BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-14 and the Building Inspector's November 21, 2016,Amended December 22,2016,Notice of Disapproval based on an application to permit a lot line change to create two non-conforming lots, at: 1) lots proposed at less than the code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 & 16.5. RELIEF REQUESTED: The boundary line,alteration proposes to correct the non-conformance of an existing commercial building (CO#Z-17053, July 6, 1988) that was constructed on two separate lots, Lot 15 and Lot 16.5. The proposed lot line change will increase the split zoned commercial/residential parcel from 13,939 sq. ft. to 32,974 sq. ft. and, subsequently, proposed lot 2 will be reduced from 67,082 sq. ft. to 46,603 sq. ft. Both lots require variances because of the configuration of proposed non-conforming lot sizes where the code requires 80,000 sq. ft. for each of the lots , ADDITIONAL INFORMATION: The Board received a memorandum from the Planning Board dated December 28, 2016. The memorandum recommends increasing the width of the Eugene's Road portion of proposed lot #2 from 50 feet to 70 feet for the purpose of creating an additional buffer to the residential property to the east. The Board finds that the proposed buffer vegetation on the easterly property line of proposed Lot #1 along with an additional 10 foot wide by 150 foot long vegetated buffer along the adjoining property line of proposed Lot#2 and the residential parcel to the east will create a substantial buffer. Additionally the applicant's agent testified that increasing the buffer width to 70 feet may reduce the area needed by proposed Lot#1 for future parking per code which requires 4 parking spaces per each of the 5 existing garage doors and 3 employee spaces. Finally, the dwelling to the east of proposed lot 2 is sited 20 feet away from the shared property line and an additional vegetated buffer will be conditioned to mitigate any adverse impacts from the business use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2017, at which time written and oral evidence.were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lot#2 will be similar in size to four of the existing R-80 zoned lots to the east on Eugene's Road. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Lot 16.5 (proposed lot #2) is presently non-conforming with respect to the minimum lot size-requirements of the R-80 zone and to reduce its lot size will increase its nonconformity, consequently requiring a variance. Furthermore, the subject commercial building, having a certificate of occupancy, was constructed on both lots 15 and 16.5 and is situated on the adjoining lot line of Lot 16.5 and lot 15 necessitating a lot line:change to correct this non-conformance. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 42%relief from the code. Although, the proposed lot line change for lot 2 will create a 46,603 sq. ft. lot in the R-80 zone, proposed lot 2 is similar in size to four of the residential lots to the east on Eugene's Road. Proposed lot 1 will become 32,974 square feet which is conforming to the B zone but is not conforming to the 80,000 sq. ft. required in the R80 Zone district on this split zoned property. Page 3,January 19, 2017 #7017, Ovsianik SUM No. 1000-97-2-15 & 16.5 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law-4267-b(3)(b)(5). The difficulty has not been self-created. There was a certificate of occupancy issued for the commercial building which is partially located on Lot #15 (B-zoned) and Lot-#16.5 (R-80 zoned). The proposed lot line change is necessary to bring the commercial building into conformance with the code. 6. Town Law §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a "lot line change", while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Horning, and duly carried,to GRANT the variance as applied for, and as shown on the Survey/Site Plan prepared by John C.Ehlers,L.S., dated July 19, 2010 and last revised December 8,2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Create a 10 foot wide by 150 foot long vegetated buffer along the easterly property line of proposed lot#2 beginning at Eugene's Road. 2. Obtain approval from the'Southold Town Planning Board for the proposed lot line change. 3. Future commercial parking is permitted on the residential portion of proposed lot 1, such as those depicted on the subject survey/site plan cited above, only with the site plan approval of the Southold Town Planning Board. 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(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. r f 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been . Page 4,January 19, 2017 #7017, Ovsianik SUM No. 1000-97-2-15 & 16.5 procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from'the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning, and Dantes (Member Goehringer not present). This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing j /4J /2017 i r MAILING ADDRESS: �F soar P.O.Box 1179 PLANNING BOARD MEMBERS o�� yQ� Southold,NY 11971 h O DONALD J.WILCENSIC OFFICE LOCATION: Chair Town Hall Annex C13- WILLIAM J.CREMERS ® �O@ 54375 State Route 25 PIERCE RAFFERTY (cor. Main Rd. &Youngs Ave.) JAMES H.RICH III Ql�00 mil Southold,NY MARTIN H.SIDOR Telephone: 631765-1938 www.s outholdt ownny.gov pLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Va Date: December 28, 2016 Re: Request for Comments for Ovsianik Located at 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 , ZBA#7017 ortunit to The Planning Board thanks you for the opp Y provide comments regarding the application referenced above. We recommend that alternativerelief be Lt Line Change for this application as shown on the enclosed map entitled OvsianikProposed with Zoning Districts. The Planning Board is proposing,thathe new eastern The line be 70' away from the adjacent property, instead of the 50 currently proposed. eason for the additional 20' is to provide a more substantial buff o the ref sidentialthey are prosucpessful erty to the east. The commercial use �ft�e houroperty could se next door isly expand located only 20 feet from the in pursuing a zone change, a property line (see map entitled Ovsianik lot line modification & current zoning over aerial). In addition to providing a more substantial buffer to the adjacent residence, the alternative plan will provide enough room to add parking the fnd related The parking area buffers and landscaping requirements if the owner applies for that inreview on the plans, however, is theoretical. This parking area is not under lot line at depictedp this time, and was provided only as an example tu future onst te that tase consider a would encompass enough area to provide for f parking. i, condition that any new parking area must first receive the necessary review and 1 i f Southold Town Planning Board Page 2 December 28, 2016 approvals, including ZBA approval to use residentially-zoned land for commercial parking (Town code 280-78 1), and Planning Board Site Plan approval. Finally, the plan contains a notation that the new parcel (97-2-15) is proposed for a zone change, however this zone change is not in effect at this time. The new lot created as a result of this variance application and the Planning Board's Lot Line Modification application will be split-zoned B and R-80 (see attached map). Please feel free to call this office with any questions. Cc: Bill Duffy, Town Attorney f E FORM NO. 3 k M"V- TOWN OF SOUTHOLD D '� V E BUILDING DEPARTMENT DEC 2 8 2016 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Southold Town Planning Board DATE: August 30, 2016 RENEWED:November 21, 2016 AMENDED:December 22, 2016 TO: William C. Goggins (Ovsianik) Po Box 65 Mattituck,NY 11952 Please take notice that your application dated June 9, 2016 For a permit for a lot line change at Location of property 32930 Route 25 &225 Eugene's Road, Cutcho-ug e,NY County Tax Map No. 1000 - Section 97 Block 2 Lot 15 & 16.5 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-14 which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80 R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule[11 incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District according to the bulk schedule, is 80,000 square feet. As a result of the proposed lot line change SCTM#97.-2-16.5 a non-conforming 1.5 acre lot will become more nonconforming at 1.0699 acres. Furthermore SCTM#97.-2-15,will become split-zoned(9-80B) as a result of the lot line change, and will be a non-conforming 32,974 square foot parcel not ermitted in the R-80 Zone. The proposed lot line change will also require approval from the Southold Town Planning Board. This Notice of Disapproval was amended on December 22 2016 to adore ee ora and variance. Note to Applicant: Any change or deviation to the above refe nced application ma equire additional review from the Southold Town Building Depa ent. uthorized Signature p � WILLIAM C. GOGGINS ATTORNEY AND COUNSELOR AT LAW KPI(anning%ard IJ13235 Main Road,P.O. Box 65 Mattituck,New York 11952 0 9 2016 Phone (631) 298-4818Fax: 631 298-4214thold Town ( � googginslaw@gmail.com WILLIAM C GOGGINS Attorney at Law ANTHONY H.PALUMBO Of Counsel DONALD MATES December 9, 2016 Of Counsel DONNA M.PALMER Southold Town Planning Board Paralegal 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Attn: Heather Re: Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-016.005; Allen W. Ovsianik Dear Heather: In connection with the above referenced matter, enclosed please find the amended plans as requested . Thank you. Very truly your , /Go/gagains William C. WCG\dmp Enclosure MAILING ADDRESS: PLANNING BOARD MEMBERS O�'QF soUryol P.O. Box 1179 DONALD J.WILCENS19 ,` O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY • aQ 54375 State Route 25 JAMES H.RICH III ���. (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Co(f , Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 6, 2016 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board has received a request from the Zoning Board of Appeals to provide comments on the Area Variance for the proposed Lot Line Change referenced above. The Planning Board requests that you include a few important dimensions on the Site Plan that was submitted earlier this year. This will enable them to have the information they need to make substantive comments to the ZBA. They request this information be provided as soon as possible so the process can move forward. The information requested includes the following: 1. Provide the distance from the proposed lot line to the adjacent property line to the east; 2. Provide the distance between the two rows of proposed parking spaces; 3. Provide the distance from the structure labeled "storage" to the proposed property line; 4. Provide the dimensions of the parking spaces. If you have any questions regarding the above, please contact this office at 631-765-1938. Very truly yours, Heather Lanza Director of Planning 'BOARD MEMBERS ®� S®(/j Southold Town Hall Leslie Kanes Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� a� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'�COUNTI Southold,NY 11971 Pr5,H-t, http://southoldtown.northfork.net D E C E V E ZONING BOARD OF APPEALS NOV 2 8 E TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 Southold Town Planning Board MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 22, 2016 SUBJECT: Request for Comments ZBA #7017 — Ovsianik The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED OVSIANIK, 97.-2-15 #7017 1/5/17 Art. 111 280-14 11/22/16 John C. ALLEN B Zone Bulk Schedule Ehlers 97.-2-16.5 _ R80 Zone Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: August 30, 2016 RENEWED: November 21, 2016 TO: William C. Goggins (Ovsianik) Po Box 65 ' Mattituck, NY 11952 Please take notice that your application dated June 9, 2016 For a permit for a lot line change at Location of property 32930 Route 25 &225 Eugene's Road, Cutcho u County Tax Map No. 1000 - Section 97 Block 2 Lot 15 & 16.5 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-14, which states• "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule[1] incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District, according to the bulk schedule, is 80,000 square feet. As a result of the proposed lot line change, SCTM# 97.-2-16.5, a non-conforming 1.5 acre lot will become more nonconforming at 1.0699 acres. The proposed lot line change will also require approval from the Southold Town Planning Board. Note to Applicant: Any change or deviation to the above refere a 'cation ma additional review from the Southold Town Building Departm t. ------ ------------- -------- --- Authorized Signature WILLIAM C. GOGGINS ATTORNEY AND COUNSELOR AT LAW 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 Phone (631) 298-4818 Fax: (631) 298-4214 gogginslaw ftmail.com WILLIAM C.GOGGINS Attorney at Law ANTHONY H.PALUMBO November 17, 2016 Of Counsel DONALD MATES Southold Town Zoning Board of Appeals Of Counsel 53095 Main Road DONNA M.PALMER Southold, New York 11971 I Paralegal i Re: Ovsianik; 32930 Route 25 and 225 Eugene's Road, Cutchogue; SCTM No. 1000-097.00-02.00-015.000 and 016.005 Dear Sir/Madam: Enclosed please find original and seven sets of the following: 1. Notice of Disapproval; 2. Variance application, Applicant's Project Description; 3. Transactional Disclosure Form; 4. Owner and Agent, Transactional Disclosure form; 5. ZBA questionnaire; I I 6. Photos of property; 7. Short Environmental Assessment; 8. Current Site Plan and Building Plan; 9. LWRP form; 10. AG Data form; 11. Assessors card; 12. Prior Certificates of Occupancy; 13. Owner Authorization; and 14. A check as and for the filing fee. If you have any questions, please do not hesitate to contact the undersigned. V� t - yogis, William C. Go s WCG\dmp enclosures Fee-$ Ftled By Assignment No APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.32930 Street Route 25 Hamlet Cutchogue i SCTM 1000 Section 97 Block 2 Lot(s) 15,16.5 Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 8/30/16 BASED ON SURVEY/SITE PLAN DATED 5/13/16 Owner(s): Allen Ovsianik Mailing Address: v/n w;l l i am C. Goggins, P.O. Box 65. Mattituck, New York 11952 Telephone: 631-298-4818 Fax: 631-298-4214 Email: gogginslaw @ gmail.com ` NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:, William,C. Goggins- for(X)Owner( )Other: Address: P.O. Box 65, 13235 Main Road, Mattituck, New York : 11952 Telephone:631-298-4818 Fax:631-298-4214 Email: gogginslaw@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATEDAugust 30,2016and DENIED AN APPLICATION DATEDJune 9, 2016FOR: ( )Building Permit (()Certificate of Occupancy O Pre-Certific?te of Occupancy O Change of Use ( )Permit for As-Built Construction ( )Other: lot line change Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for:, A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section *see, below ( )Reversal or Other A prior appeal( )has, ()()has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our office for assistance) Name of Owner ZBA File# Brewington #674 Ovsianik #1686 Ovsianik /3048 Ovsianik #3049 Kennedy #3133 Lot 16.5 Ovsianik - #4196 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized). 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: = lot line change consistant with the present permitted us 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: location of exsisting buildings and use. 3.The amount of relief requested is not substantial because- The present uses will not change, only the 19t line to make the properties consistant with their respective uses. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: nothing will change, but the lot line 5.Has the alleged difficulty been self-created? { )Yes,or{g}No Why: The town issued a certificat of occupancy for a commercial building and is substantly located on residential land Are there any Covenants or Restrictions concerning this land? k)No { )Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community 1 4 4�'� Signature of Applicant or A orized Agent (Agent must subnut wntten Autho ation from Owner) Sworn to before me this day of Nnvemher 20�_ Noyry Public DONMA,M. PALMER Notary!'uL!ic.Stats cf New York No. 01FA506gJ? E-3;J*foil4 COUI1l�/7.h i CommISsion DfPirr_ Deceir,oer 9 (AY APPLICANT'S PROJECT DESCRIPTION APPLICANT: Allen Ovsianik DATE PREPARED: November 16, 2016 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,l please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: None VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat, Dry Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X—No B. Are there any proposals to change or alter land contours? XNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with,this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If Your property contains wetlnds or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: I I and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N, E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?_X,___If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: I G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. I I. Please list present use or operations conducted at this parcel commercial tire store, retail, residential and the proposed use same (ex: existing single family,proposed: same with garage,pool or other) Authorized signat6ry nd Date 1 AGRICULTURAL DATA STATEMENT , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Allen Ovsianik 2. Address of Applicant: TilliaM C GQaUins, P0BQ 65,Mattick,,;Ne York 11952 3. Name of Land Owner(if other than Applicant). 4. Address of Land Owner: 13235 Main Road, Mattituck, New York 1 1 952 5. DTscription of Proposed Project: lot line change 6. Location of Property: (road and Tax map , number) 1000-097.00-02.00-015.000 and 016.005 7. Is the parcel within 500 feet of a farm operation? { } Yes {X}No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office"(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1 1000-097.00-01.00-001.000; Leonard Dank et al, 800 Cox Lane • Cutchogue, New York 3. 4. I 5. 6. (Please us the back of this age if there are additional property owners) Signature V Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. J AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 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: William C. Goggins (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's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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,ood,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 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 5%of the shares of the corpor�te 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) Q an officer,director,partner,or employee of the applicant;'or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 16 Signature PrintNameWILLIAM Q. GOGGINS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 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: Allen Ovsianik (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's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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" p I 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 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe 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 that 5%of the shares of the corporate stock of the applicant(when the applicant i a corporation) B)the legal or beneficial owner of any interest in a non-corporate entyty(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thi��166thh�day ofN6vembe 2016 Signature (AJ- Print Name ALLEN OVSIANIK Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I� Allen Ovsianik residing at 8490 SoIundview Avenue, (Print property owner's name) (bailing Address) Southold, New York 1187 klo hereby authorize William C. Goggins (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. �IOI��y�r�✓j't� (Owner's Signature) ALLEN OVSIANIK (Print Owner's Name) Town of Southold LWRP CONSISTENCE'ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action�ist, policies and explanations of each policy contained in thel 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). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action 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 I SCTM# 97 - 2 - 15 and 16.5 � � I The Application has been submitted to(check appropriate response): Town Board © Planning Dept. ® Building Dept. 0 Board of Trustees 0 r 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital constriction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan,subsidy) (c) Permit,approval,license, certification: Nature and extent of action: Lot line change Change of zone Location of action: 32930 Route 25; 225 Eugene's Road, Cutchogue, New York Site acreage: 1.8269 acres Present land use: Office, space, auto repair, storage and retail Present zoning classification: Business; R-80 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: Allen Ovsianik (b) Mailingaddress: c/o William C. Goggins, P.O. Box 65, 13235 Main Road, Mattituck, New Yorkl 11952 1 I (c) Telephone number:Area Code( ) 631-298-4818 (d) Application number, if any: Nnne Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of So�thold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and, minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑X Not Applicable Non waterfront Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable I 617.20 Appendix B Short Environmental Assessment Form Instructions for Completine Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Ovsianik Project Location(describe,and attach a location map): corner of 32930 Route 25 and Eugene's Road, Cutchogue, New York 11935 Brief Description of Proposed Action: Lot line change Name of Applicant or Sponsor: Telephone: Allen Ovsianik E-Mail: I Address: c/o P.O. Box 65 City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town Board, Planning Board X 3.a.Total acreage of the site of the proposed action? 1.8269 acres b.Total acreage to be physically disturbed? 0.00 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0 09 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial- ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? Yes and No b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X T 9.Does the pro osed action meet or exceed the state energy code requirements? i NO YES If the proposed action will exceed requirements,describe design features and technologies: I X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: g 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b.'Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE pe ���7 r � ,{P Applicant/sponsor a e �d w '^� 2 � Date: a-l —�6 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may ay occur ccur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed-action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. I I i ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 - OWNER STREET zC/ VILLAGE DISTRICT SUB. LOT '• 14' V6/..�./Q'�/ !1 �'�Eh-�vt%�, � `..ld/G/(� may;• ►° s+ �'J'�-, FORMER OWNER N E ACREAGE 221 TYPE OF BUILDING ,�' � !{ �•.' ,9'(f rJ�''to �• >��Rr•.F l'-'�•r�a.i�.,•,',`�-a+r��. I�.6�6 i(J�1:'� ; '�Ca4c�- „r" • /(�� '�% i RES_ .13� SEAS. VL. FARM OMM. IV IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS d �a �'Od /1 I.,• �l� tr`� G� '.7� 0,- � .j D tJ � ��I� �'''�.�•rw- ,S"•��'�� � P,�'..� �� �i �a//'u a:,, �G'SI��.i ,c � �-�; •z.- 1,2 [', , C� ..3/Z U�r fJ /�F� � L"(J I7�T. f'i't. * G C> Cf--o--'o �' - ray- 3-/!AT '�/ - 2 a� I 7 '--1 .3 �=�� l7_.�i .�, ,fir, C'. .�1 t - �� , ��c�C'� u.)Q,�� 771 >rw—ci�, /h NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Volpe - ,l -- ----- --- - - -- -- r' � � � t c ...�'�-�- tom•- .� ..T-u _- . ��•L ' Tillable 1 Tillable 3L4 I V,, Wccdland - Swampland --- -- ---- ---- - -- ,`-'—��—..------ --- :�. Brushland ' House P 1,16 t - -- -- ---- �- -- ----------- ---- - ' -f ata I ,i. — r; , IT a s@glPr :i'?�i'.' -�.# rte xtiTM.,, 3", �' s °a.`-''` t ., it +;y.aj d.t i,;. •.fR,�.-N3 rW. att ads a;�" ,;', ,• , F' ✓tiu +,'�,.^u ik•`rpFi°' ; f'xY�,�� +r •tt.Y" t, IV 0. Bldg. I v v Z `�U D / Foundation ,,; Bath 7 :xtension 72 y / Basement Floors ` ;,, :xte�s,on 17X y3 ` 7� �t� f Ext. Walls •Interior Finish q„ ir, x /1l /.,rr1 Z• r f� tyot�.l� 5J£�i,t,�,;, - :nsion Fire Place Heat Porch Attic Porch Rooms 1 st Floor 3reezeway Patio Rooms-2nd Floor i� jarage Driveway J. B. r j© zf ��./ J� _ � , �f TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ��� VILLAGE DIST. ' SUB. LOT 'k 1�_L,C .11.1 �rV . ( ✓V �) k FORMER OWNER N E ACR T/ y I _ TYPE OF BUILDING �`�Y �U G/_- 1V 1_- s � A-DS' c.:2 Ir w /LI�//✓ /� RES. SEAS. VLC� /,� . FARM COMM. CB. MICS. Mkt. Value LAND IMP: TOTAL DATE REMARKS ,l, ��'r'o/ZTidwrlEw7 loon / ooc) k'/7 � -0 CSPZii ISJoo ��` L 7�zy 1� )) ./1,FLL�, /� /.nfNJ�n ram ' vL3 yo 1�8� 73J �Z I3 �. L ococa Kl=iul\JI= "�7 Q �I N1I L—c7� O (] c�f- s i - ;;, /kIA rillabie FRONTAGE ON,WA;�,- 119 r :I Noodland FRONTAGE ON ROAD lG o � o 0 Aeadowkind DEPTH- /t o� 9'3 (. ' �a �r'7„ X423 louse Plot BULKHEAD ota l FORM No.a TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. .?11. 57. . . . . . . . Date . . . .. Amgus t, .44. .. . . . . . . . . . .. . .. 19 M TRIS CERTIFIES that the building . . .. . . . .. . . . .. . . .. .. . . . ... .. . . . . . 15 ugerie i ' �13oaa Location of Property r�,MP . . . . . . . .... . .Main Road . . , • •• • . . . Cutoho'gue House No. Str�toi f HA111J8# County Tax Map No. 1000 Section 99.7 .. . . . . . .Block . . 02 . . .. . . .Lot . .' PI! . , . , , Subdivision. .. X . .. . . . .. . .. . . . . . . . . . . . . . .Filed Map No, x. . . . . ..Lot No, .X. . . .:. . . .. . Requirements for a two—bar garage built ppior to conforms substantially to the ,�pplsiYon-far')3aihit+g Petmifir'lmsre�itytr�tled"tn'tidS°tf!'f3t;�'d�k8t1 Certificate Of Occupancy Apra;;.23. , , ,, ,, , 1957.pursuant to which BttiWing-Permh No. .... . . .. . . dated . . . . G , . , . , . . , , , _ , 196?, ,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 .. . . .. . . . dingy: . . . . The certificate is issued to Ronald A. McCallum ,. , , , , . , . (Qwrt�r,haioWe".(onft"t, of the aforesaid building. Suffolk County Department of health Approval .. . nor. . . . . . . . . . I . .. .. .. . . . .. .. .. . .. . .. . UNDERWRITERS CERTIFICATE NO. . . . . . . .. ../r. . . , . . .. . .. . . .. . . .. . Building Inspector Rev.1/81 EO�Te 39Vd S-V_3ddd.90Q99NINOZ 1790659LTE9 b0:bT STOa/5T/90 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Mali Southold,N.Y. Certificate Of Occupandy No. . . bate . . . . . . . . .. . . MaY, 0, I . . . . . . . . ., 1!0A . TRIS CERTIFIES that the building . . . . . .add,�PA . .. . . . . .. . . . I _ . . . . i~ cation of Property . .3?9, . . . . . sy��� f° usaMo. `, �Srreor �Namlot County Tax Map No. 10,00 Scetion . . . . . . 9.7 . . .Block . .. . . .. . . . . .Lot .. . . . . . . . . . . . . Subdivision .. .. . . . . X . . . . . . . . . . . . . . . .Filed Mari No. . . . . . . ,fat Na. . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office elated ,SAP ,tg{n be,r. . . . , 19 8 pursuant to which Building Permit Na. . . . . dated , . . . , . . . . . 19 . Al was'Issued, and conforms to all of the requiroanonts of the applicable provisions of the law.The occupancy for which this certificate is issued is, . •-. . . . . . Tho oertifiopte is issued to . , .. . . . . . . O,V,S,I A N Z 1C of the aforesaid building. Suffolk County Department of Ifealth Approval . . . . . . . . . . . . . . .N al, , , , . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . .. . . . 11,6,Z �.4. . . . . . . . . .. . , . . . . . . . r + Building Inspector Rev.1161 i A E0/ZO 39dd S-1d3dddd0QE9NIN0Z b90699LTE9 b0:tit STOZ/ST/90 / Y FORM NO.4 Towle OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . A- ?7a5�. . . .. . . Date . THIS CERTIFIES that the building , .ACCESSORY . . . . . . . .. . . . . . . . . 32930 Main Rd. & . 15 Eugenes Road Cu.tchogue , N.Y . I.ocatlanofl'roperty FlousolUo. . . . . . . . . . . . ... . .i. . . . . Streaf . . . . . . . .. .. . .. . . . .Flamlor County Tax Map No. 1000 Section —97 9 7, . . . , . .Block . . .?. , . . . . . . . . .Lot .. . . , , . . . . . . . Subdivision . . . .. . . . ,Filed Map No. . .. . . . .Lot No. . . . . . . . . .. conforms substantially to the Application for Building Permit heretofore riled in this office dated January 29 , 1988 16740 Z . . . pursuant to which Building Permit NU. . . . . . . _ . I .I . . . . . I . dated ,Feb r u a r y , I I; 19 8 8, was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certitic.nt'e is issued is . . . . . . . . . ACCESSORY BUILDING TO MAIN BUILDING AS APPLIED FOR . . . .. .. . . . . . . . . . . . . . . . . . . . .. . . The certiricate is issued to . ALLAN.W, OgSLANIK of the aforesaid building. Suffolic County Department of health Approval , . . .. . / . , . . . , . . , . , . . . . . UNDE'L'WRITERSCERTIFICATE NO PENDING, June 23,, . 1988 I . . . . . , . . . . . . . . . . . . . PLUMBERS C211TIPZCATXON DATED: N/A , Building Inspector Rev.i/ai Ee�Ee 39dd S-1d3ddd90GR9NIN0Z b99699LZE9 bO:bZ STOZ/Sz/9e x �y r r J h e g a e ay ry- rs t � � , �, � � ti p �� � � .� � ,; . �. �` �� � m _: c �, �, �� n� _. , .w.�.Ys �� �. ,' l� � a „_ r -. ��` t �, m x *. t ,,,�, .s � A X d �, �..._. t �y„h �. �; '. �� .. �, - ,� ,._ �. � r.: ,. v z � s_,. .�.' �. � �� a � � � �� ,, �. 3 ,. � � , �,x . . : �' �. S.t.i ,�, �— �u'+k� � .�, ��, �. ,. � ,. .. ,..A ;r f e � � 1 a r 1 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. DATE; 1.964 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, (we) James..Brewing ton. ...........PX.brx 733.......'M�. n_.RoAd......................... Nana Stxcet and Number ..... .... ...........cutchogue..".'..". .... ............. ................I ...... .................................................. Manicipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONINQ ORDINANCE ARTICLE IV SECTION 400 SUBSECTION 9 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE: I wish to sell used cars in connection with my service station located at South side of main road, east side of Eugene road, Cutchogues This service station has been in this location for many years, and from time to time changed managment and operatiors) the station had been closed for some time before I took it over, We offer the usual services found in gasoline stations and have recently obtained a licence to sell cars from the state of New York. I am making the request as required under the zoning ordinance Article IV, section 1+00 subsection 9 as ammendedg there is sufficient area on our lot to provide sapce for the few cars we may have at one time. STAIR OF NEW YORK ) ss ........... COUNTY OF Suffolk) Signature Sworn to this day of ............. Notary �bIfc FORM ZB2 TOWN OF SOUTHOLD, NEW YORK DATE ..�QV.....2� 1972 ACTION OF THE ZONING BOARD, OF APPEALS Appeal No. 1686 Dated October 16, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Allen W. Ovsianik and Roland W. Bollman Appellant Little Neck Road Beebe Drive Cutchogue, N. Y. Cutchogue, N. Y. at a meeting of the Zoning Board of Appeals on November 2, 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance i due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. 13y resolution of the Board it was,,determined-that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:15 P.M. (E-S-T. ), upon application of Allen W. Ovsianik, Little Neck Road, Cutchogue, New York, and Roland W. Bollman, Beebe Drive, Cutchogue, New York, for a special exception in accordance with the 2oning_ Ordinance, • Article VTI, Section 700, Subsection B-4, for permission to operate a.. used car lot. Location of property: southeast corner of Eugene 's Road and Main Road, Cutchogue, New York, bounded north bar Main Road (Route 25) ; east by P. Abatell'i; south by M. Filla; west by Eugene 's Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Boar(i it was determined that (a) Strict application of the,Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SSE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SSB RSVBRSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEs RSVME and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE RWIFRSP A R V ZONING BOARD. OF APPEALS FORM Z334 Z� /lam 4 a 4• �. �q .(,V j r jorie` McDermott, Secretary C!•�. ; �� / Southold Town Board of Appeals i After investigation and inspection the Board finds that applicant requests permission to operate a used car lot on promises located on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York. The Board finds that according to the Ordinance there is a bulk requirement under �B-la Business of 30,000 square feet and the area of the property under consideration is approximately 25,000 square feet. Also, according to the Ordinance there shall be no used car lots located within 300 feet of any residence district. The Board finds that this would, in effect, be thecreation of two businesses on one under-sized plot (service station and used car lot) , and would constitute unwarranted proliferation-of strip zoning. The Board finds that the public convenience and welfare and justice will not be served and the legally established or .permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will• not be observed. THEREFORE IT WAS RESOLVED Allen W. Ovsianik, Little Neck Road, Cutchogue, New York, and Roland W. Bollman, Beebe Drive, Cutchogue, New York, be denied permission to operate a used car lot on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York, for the reasons stated. Vote of the Board:- Ayes:- Messrs: Gillispie, Borgen, Grigonis, Hulse. �: 31 .�. . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPS RECEIVED AND FILED B` App e a t No. 3048 THE SOUTHOLD TOWN CLERK Application Dated October 12 , 1982 DATE TO: Mr. Allen Ovsianik Box 485, Main Road Cutchogue, NY 11935 Town Clerk, Town of Southold At a Meeting of the Zoning Board of Appeals held on November 18, 1982 the abovd appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article VII , Sections 100-70 (B) [4] and 100-71 [ ] Request for The public hearing on this application was also, held on November 18 , 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 (B) [4] and 100-71 for permission to construct addition to existing gas/service station with reduction in frontyard area in this B-1 Zoned District. . Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-09,7-02-015. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16 ' by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the ,new addition at its nearest point with Eugene' s Road is 15' feet (southwest corner) . The existing service station building is setback at its northwest corner from Eugene' s Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes 'of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Doyen, 'it was RESOLVED, that the relief requested in Appeal No. 3048 , application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS.: (Continued on Page Two) DATED: December 13, 1982. CHAIRMAN, SOUTHOLD -TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3048 Application of ALLEN OVSIANIK Decision Rendered November 18 , 1982 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That 'storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard) ; 4. 'If the rear or side yard 'areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the,,Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Location of. Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. APPROVED Chairman Board of A0031S �D Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 RECEIVED AND FILED BY ACTION OF THE ZONING BOARD OF A P SOUTHOLD TOWN C LB Appeal No. 3049 Application Dated October 12, 1982 DATE � �3/ HOUR/'-30 X�t TO: Mr. Allen Ovsianik Box 485, Main Road Cutchogue, NY 11935 Town Clerk, Town of Southold At a Meeting of the Zoning Board of Appeals held on November 18 , 1982 the above appeal was considered, and the action indicated below was taken on -your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280--a [X] Request for Special Exception under the Zoning Ordinance Article VII , 'Sections 100-71 (B) [41 and 100-71 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on this application was also held on November 18 , 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a SpecialException to the Zoning Ordinance, Article VII, Sections 100-70 (B) [4 and 100-71 for permission to construct addition to existing gas/service sta- tion with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16 ' by 42 ' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of' the new addition at its nearest point with Eugene' s Road is 15 feet (southwest corner) . The existing service station building is set back at its northwest corner from Eugene' s Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. The premises is question contains an area of approximately 14 ,500 square feet, with frontage along Eugene' s Road of 129 feet and along the Main Road of 136 feet. In considering this appeal, the board determines that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in the district wherein the proposed use is to ' be located, or of permitted or legally established uses in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allow- ing the variance conditionally as noted below. On motion by Mr. Sawicki , seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3049, application by ALLEN OVSIANIK for permission to construct addition with reduced (CONTINUED ON PAGE TWO) DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD — OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3049 Matter of ALLEN OVSIANIK Decision Rendered November 18, 1982 frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business ; 3. That storage of vehicles is limited to the east side and south rear yard areas (and in no event forward of the building into the frontyard) ; 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6 . That this variance is subject to Southold Town Planning Board approval and requirements;if any. — .-Location. of Property: S.R. 25, and-Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. APPROVED Southold Town Board ofAppeals MAIN ROAD , STATE ROAD 25 SOUTHOLD, L.i., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3133 Application Dated May 17, 1983 (Public Hearing held 7/28/83) TO: Mr. Thomas Kennedy [Appellant(s) 120 Log Road Patchogue, NY 11772 tt At a Meeting of the Zoning Board of Appeals held on August 11, 1983 the above appeal was considered, and the action indicated below was taken on your [ I Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ I Request for Special Exception under the ,Zoning'�Ordinance Article , Section [g Request for Variance to the Zoning Ordinance Article III , Section 100-30 (A) [ I Request for The public hearing on this matter was held on July 28, 1983, at which time the hearing was .declared closed pending deliberations. Upon application of THOMAS KENNEDY, 120 Log Road, Patchogue, NY 11772, for a Variance to the: Zoning Ordinance, Article III, Section- 100-30 (A) for permission to use property for business purposes, to wit: Video Tape Rental .and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; • Filla Minor Subdivision Map 72, Lot-1; 'County Tax, Map Parcel No. 1000-097-02-016.5. 'The board made the 'following findings and determination: By this appeal, appellant seeks a variance to the provisions of Article III, Section 100-30 (A) of the Zoning Code to permit the use of property located in the , "A-Residential and Agricultural" Zone for the purposes of retail sales and rental of video tapes and equipment. The members of this board have personally visited the site and are familiar with the property as well ,as the surrounding neighborhood. The property in question is shown on the Suffolk County Tax Map as District 1000, Section 97, Block 02, Lot 016. 5, and is more particular- ly known as Lot #1 of Minor Subdivision of Filla, Map #72. it comprises 65,610 square feet in area and is "L"-shaped, with 131. 22 frontage along Main (S.R. 25) Road and 193:_44 feet along Eugene' s Road. The premises is surrounded on the north, �southwest, south and east by parcels also zoned '-'A-Residential and Agricultural" ; and at the upper northwest corner of the premises are two parcels zoned "B-1 General Business. " Across the'-Main Road northwesterly•'of the subject parcel are parcel's zoned "B-1 General -Business" and directly across the Main Road opposite the subject parcel are parcels zoned "A-Residential and .Agricultural." For the record, it is noted that the parcel ,in question and parcels to the south and east are not improved. Since this is a use variance, before this board may grant the same, it must be demonstrated that: (1) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located; - (2) that the plight of the owner is due to unique circumstances and not to the general conditions .of the neighborhood which may reflect the unreasonablene-ss- of the zoning ordinance 'itself; and (3) that the use to be authorized will not alter the essential character of the neighborhood. In Order for Appellant ito sustain his burden to prove the lack of reasonable return, he must demonstrate this lack of reasonable return by dollars and DATED: August 22, 1983 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) Page 2 - Appeal No. 3133 Matter of THOMAS KENNEDY Decision Rendered August 11, 1983 cents proof. No such proof has been presented in this case, and accordingly, the board must deny the variance applied for. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3133, application of THOMAS KENNEDY, be and hereby is DENIED. Location of Property: 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; Filla Minor Subdivision Map #72, Lot #1; County Tax Map Parcel No. 1000-097-02-016. 5. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,- Douglass and Sawicki. (Member Doyen " was absent. ) This resolution was unanimously adopted. "GERARD P. GOEHRINGER„ CHAIRMAN August 22, 1983 RECEIVED AND' PILED BY THE SOUTHOLD TOWN CLUK DATE�rf�3��� HOUI� // ;- G,04 Town Clerk, Town of $ thold Arle i i a I � � 12-06-99 _ /C 085-02-010 11-29-00 / 02-26-01 Z 05.16-01 w OVS��� 05-18-01 V 164 09-21-01 J I G�11�,–– —Q( f ' 13 3A Cq 10-03-01 I l! t (TO WN OF SOUTHOLO 0616-03 I I ,rye DEVELOPMENT RIGHTS) ss��C� 09-0303 16-09.03 04-22-04 ^v � 07-21-04 Z 16,6-04 16-16-14 w [ ^— / 163 16-26-04 w / _I i { _ 11-1604 N r/ ! 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"'."�;:.. .:,g:;'� .,t:- Y L«. �.a.. vh=' -'4 .�r..r. ..f,r a•'grt;'1i''.i1h_ =�S;' a tYip': .Xy..•• "'; ` f % MAILING ADDRESS: PLANNING BOARD MEMBERS \\Qf SOUTy P.O.Box 1179 DONALD J.WILCENSKI �OVv ®l0 Southold, NY 11971 Chair — OFFICE LOCATION: WILLIAM J.CREMERS va Town Hall Annex PIERCE RAFFERTY Q 54375 State Route 25 JAMES H.RICH MARTIN H.SIDOR �+�UlVT`I,� � (cor.Main h ldYo`uY Ave.) Telephone: 631765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 3, 2016 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification for Allen Ovsianik (Eastern Tire) 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board has received your submission of a Site Plan in relation to the application referenced above, however, as described in the letter sent to you on July 23, 2016, the first step in the Site Plan_application process is to apply for a Building Permit from the Building Department, where we expect a Notice of Disapproval to be generated which will identify whether the application requires Site Plan approval from the Planning Board and any variances that might be required from the Zoning Board of Appeals. I have included with this letter the Site Plan that was submitted to the Planning Board on May 16, 2016 so that you may submit it with your application to the Building Department. After the Notice of Disapproval has been issued, we recommend a pre-submission meeting with you and/or your design professional and Planning staff to review the requirements for a Site Plan application, prior to submitting anything further to this department: Site plans for an existing building such as this can often be accomplished with a simpler process than a standard Site Plan application, the details of which we can discuss at the meeting. Southold Town Plannin, .card Page 2 — June 3, 2016 If you have any,questions regarding the above, please contact this office at 631-765- 1938. Very truly yours, &*" Alyxandra Sabatino Planner cc: Michael Verity, Chief Building Inspector Damon Rallis, Plans Examiner Encl. Site Plan submitted to the Planning Department on May 16, 2016 WILLIAM C. GOGGINS ATTORNEY AND COUNSELOR AT LAW D E C E 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 MAY 16 2016 Phone (631) 2984818 Fax: (631) 298-4214 Southold Town gogginslaw@gmail.com Planning Board WILLIAM C.GOGGINS Attorney at Law ANTHONY H PALUMBO Of Counsel May 15, 2016 DONALD MATES Of Counsel Southold Town Planning Board DONNA PALMER 53095 Main Road, P. O. Box 1179 Paralegal Southold, New York 11971 Attn: Alyxandra Sabatino, Planner Re: Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-016.005; Allen W. Ovsianik Dear Ms. Sabatino: In connection with the above referenced matter, enclosed please find the site plan. Thank you. Very truly yours, William C. G/,---,gins WCG\dmp Enclosure 1 MAILING ADDRESS: PLANNING BOARD MEMBERS *rif S®(/T�® P.O. Box 1179 DONALD J.WILCENSKI �® to Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ® �O@ 54375 State Route 25 JAMES H.RICH III Oly (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR CO[f ,� Southold,NY Telephone: 631765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 23, 2015 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modificationfor Allen Ovsianik 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Department has reviewed the items submitted on June 11, 2015. However, based upon a letter sent to your office on April 8, 2015, the following must be submitted to the Planning Board to continue review of the Lot Line Modification Application: 1. A Site Plan is required for the new lot being created with the existing structures. The Chief Building Inspector must concur with this requirement. Please submit a Building Permit Application to the Building Department for a Site Plan Use Determination and Notice of Disapproval. The Notice of Disapproval will also be necessary for the application to the Zoning Board of Appeals. If you have any questions regarding the above, please contact this office at 631-765- 1938. Very truly yours, Alyxandra Sabatino Planner Encl: Letter dated April 8, 2015, MAILING ADDRESS: PLANNING BOARD MEMBERS �pf SO(/jP.O. Box 1179 DONALD J.WILCENSKI ��� �l� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 JAMES H.RICH III 'O� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��OU ,� Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2015 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification: Allen Ovsianik 225 Eugenes Road, Cutchogue • SCTNI #1000-97-2- 15 &16.5 ,:,i�� °`'�' ,: . Zone: R-80 Dear Mr. Goggins: The Southold Town Planning Board reviec:ffie'above-referenced application at their -. March 23, 2015 Work Session and found'thy,following: 1. A Site Plan is required for the new lot being created with the existing structures.. The Chief Building Inspector must concur with this requirement. Please submit a ' Building Permit Application to the building Department for a Site Plan Use Determination and Notice of Disapproval. The Notice of Disapproval will also be necessary for the application to the Zoning Board of Appeals. 2. The Lot Line Application is incomplete. The following must be submitted to complete the application: a. Submission of draft deeds that include a reference stating "The Southold Town Planning Board approved this Lot Line Modification by resolution on (insert approval date)" and the Schedule with the legal description of the Lot Line Modification and a Schedule with the map or a sketch illustrating the modification on legal or letter size:paper. b. Submission of a copy of all Certificates of Occupancy. c. The following revisions to the Lot Line Application form are required: i. The Zoning District section must be revised to "Business Zone' instead of"Hamlet Business". ii. The answer to the question "Create a nonconforming lot" must state ayes» Southold Town Planning Loard Page 2 April 8, 2015 iii. The parcel appears to meet lot recognition (Lot 15- though deed and Lot 16.5 through Planning Board approved Subdivision) please revise the section to "yes" and explain how this application meets lot recognition. 3. The following map revisions will be required after further review is completed by the Board: a. Show the existing acreage of Lots 15 & 16.5 and the amount of acreage proposed to be transferred. b. Change the solid line labeled "Existing Lot Line" to a dashed line. c. Remove the proposed RO reference. 4. To complete the Lot Line change, a variance from the Zoning Board of Appeals for SCTM #1000-97-2-16.5 will be necessary to create a more non-conforming lot; however it is prudent to wait until the Planning Board agrees to the location of the new lot line before pursuing the variance. The Board also discussed requiring a 25' transition buffer between the B and the R-80 zoned property. This item will be discussed further during the review process, as will the final location of the new lot line. If you have any questions regarding the above, please contact this office at 631-765- 1938. Very truly yours, S ab _ K Alyxandra Sabatino Planner WILLIAM C. GOGGINS 22 pp ATTORNEY AND COUNSELOR AT LAW D 6 D V 13235 Main Road,P.O.Box 65 SUN 295 Mattituck,New York 11952 Phone (631) 298-4818 Fax: 631 298-4214 Southold Town Planning Board goggimlaw@gmail.com WILLIAM C.GOGGINS Attorney at Lain ANTHONY I- PALUMBO Of Counsel June 15, 2015 DONALD MATES Of Counsel Southold Town Planning Board DONNA M.PALMER 53095 Main Road, P. O. Box 1179 Paralegal Southold, New York 11971 Attn: Alyxandra Sabatino, Planner Re: Main Road, Cutchogue, New York; SCTM 1000-097.00-02.00-016.005; Allen W. Ovsianik Dear Ms. Sabatino: In response to your letter dated April 8, 2015, enclosed please find the following: 1. Revised lot line application form; 2. Revisions to the plan as requested; 3. Copy of certificate of occupancy; and 4. Proposed deeds. Please advise. Thank you. Ve ly yours William C. ogg' s WCG\dmp Enclosure 06/15/2015 13:42 16312984214 WILLIAM G^`-'"'TNS PAGE 02/03 FORM NQ 4 TOWN Of SOU HOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall 5aathOld, N.Y. Certificate Of Occupancy 1�To. . 7,17 ... .. .... Date .. .. Augur t 24.... . . . . . .. . . . THIS CERTIFIES that tlta building .. .... is •laugeee s' '>#a d. ... . .. .. .. . .. ... . . . .. Locaticm of Property . A993P , . .. .,... .,..Haan .1 oad cutchalgt�e egov No. Striraa' ,.•. " .. " CYoiunty Tax Map No. 10no Secuon 99.7. .. ... ..Block ,02 ..., . ,7�o,,�t,*.�. ..... .. .. . Subdivision.., X... .. ... .. . . . .. . .. . . ..Filed ft No, .L 0t No. X Regairementa for a. two-bar �gar�age built pplor to .. . �.... cont'oms substantially to the Applircagmr—,r- ld —parnri�- fct� trl't�*tt �'d Q •• ,Apr�I .. .. 7 Certl bate of Qccapariey' .. , 19 . .pursuant to which Bi�r� No. ..Z 11;1 237. •..... .. , . . dated , . . .OAMu . A4.. .. . . . , . .. 19q?. ,was issuod,vA conforms to all of the requircmartts of the applicable provisions of the law,The ocoupancy for which this certificate is issued is . .. .. . a tl�owbY.gara �• b�s�.�di $r . .. •.. . ..... !I 1 Y Ile.certiBeatoisissued to , .Raaald ,A. HcC lium 1 Qwh�1'R+IA4'•/r-ftm"O of the afro remid building, Suffolk County DaPm Rent of Health Approval •,n r . . .. . . . . .. . .. . .... .. . UNDERWRITERS CERTIFICATE No. . .. . . . .. ..n/r.... .. .. ... . . ... ..... . .... .. .. . ... . { n Building Inspector Rw,7181 60/10 3Jad S-V3ddV, Q99NTNOZ 00:bT 910Z/91/90 06/15/2015 13:42 IF-gl?984214 WILLIAM GnrrTNS PAGE 03/03 FORM No.4 TOWN OF SOUTHOLD OUILDING DEPARTMENT Office of the Building inspector Town Holl Southold,N.Y, Certificate Of Occupancy No. . „L1413,y�. _ bate . . ... ... .. ...Ma yr . .. .. . , , G .. ., THIS CHATIMS that the building . , ,.. t xpn . , . . . . . li ooation of Property , . n d. Hou"No. 3'iraer � � H�riri�r County"'ax Map N'o. 1000$action . . . . .9.7. ..Block . . . .. .. . 5ubdivlsion .. ... . . . . . .K. r . . . . . , . ,. . .Mled Map Xo, .. .,X„ ,f, conforms substantially to tho Application for Building Permit heretofore filed In this offics ds►fed p;�. .., , 19,8.2.pursuatit to which Building Permit Nva. .. . . „i 2 4�9,Z. . .. . .. .. darted .. .. , .;� �l ar;y. �.1. , , . , r ., . . 19. Al,was issued,and con;farzns to ell of tlae requirements of the 413.00able provisions of the aaw,The occuPancy for which this certificate is issued is . .._. , . _Ad.d,i,t�PA tQ. r=1�}t�?1 o�2 ..q$1"Fr r ,fPxiii :im ,buiZaa iz�,.. .. . . _. . . . , . Tuc c9xtif cote is issued to ., . , .. AL44N, W of the aforesaid builduls. Suffolk County DupAxtxnent of Health Approval .. . , ,. . . . , .N/A UNDERWRITERS CER7IFICA47E No. , Buildiatg Tnspcctor Rev.9/81 6'0/z@ SJkid S�ki3ddd�OQB�NZNQ� >P906B9LZE9 b@ bt 5i0�/ Z/9B ADAPTATION Form 8002*-Bargain and Sale Deed,with Covenant against Grantor's Acts-Individual or Corporation (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the day of , Two Thousand Fifteen BETWEEN Allen Ovsianik, residing at Soundview Avenue, Southold,New York 11971 party of the first part, and party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See, property description attached hereto and made a part hereof as Schedule A. The Southold Town Planning Board approved this lot line modification on ,2015. TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads 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 anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first parr, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALLEN OVSIANIK ADAPTATION Form 8002*-Bargain and Sale Deed,with Covenant against Grantor's Acts-Individual or Corporation (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of , Two Thousand Fifteen BETWEEN L Allen Ovsianik, residing at Soundview Avenue, Southold,New York 11971 party of the first part, and party of the second part, WITNESSETH,that the parry of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See, property description attached hereto and made a part hereof as Schedule A. The Southold Town Planning Board approved this lot line modification on 2015. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the parry of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the parry 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 anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first parr, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALLEN OVSIANIK WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 6, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Executive Session 4:30 p.m. Applications 5:45 p.m. Review Public Meeting Agenda - - ----------------------------- - --- - --- - `I Project name Aries Estates/Tully ; SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north ' from Kayleigh's Court in East Marion i Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: I Discussion re: Covenants & Restrictions I Attachments: Staff Report Project name: Stanton, Phil & Jennifer ; SCTM#:11000-64-1-29 — Location: j 845 Maple Avenue, Southold Description: This proposal is a Standard Subdivision of a 5.32 acre parcel into three lots where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3 equals 1.63 acres, located in the R-40 Zoning District. i Status: Conditional Preliminary App oval Action: Review Final Plat for completeness. Attachments: ; Staff Report_ j Project Name: Ovsianik, Allen _ SCTM#: ; 1000-97-2-15 & 16.5 Location: 225 Eugenes Rd., Cutchogue I Description: This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000- 197-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres located in the R-! ! 80 and B Zones. Status: _ i New Application Action: __-- i Discussion on how to proceed with application. I Project Name: I Fragola Electrical Contractor's ; SCTM#: 1000-48-2-44.2 Yard Location: _ h 620 Corwin Street, on the s/e corner of Seventh St. & Corwin St., Greenport + Description: ; This Site Plan is for an electrical contractor's yard and proposed construction of a 77' x 36' (2,772 sq. ft.) building for office and storage with four parking stalls on 0.2 acres in the Light Industrial Zoning District_ -------- -- ----- - -------- - ----- ---- - ---- Status: New Application -- ---- -------- --- ---- - ---------- -- - - --------- - _Action: _ Review for completeness. Attachments: Staff Report MAILING ADDRESS: PLANNING BOARD MEMBERS �rg so�jy P.O.Box 1179 DONALD J.WILCENSKI ��� �/_ Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS vs Town Hall Annex PIERCE RAFFERTYO �Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �yCOU NTY,� Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2015 William C. Goggins, Esq. 13235 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Lot Line Modification: Allen Ovsianik 225 Eugenes Road, Cutchogue -8'CTM-#1000-97-2- 15 &16.5 . .�;. t°`u,; , Zone: R-80 ' `•,';;' r:�+ •,r�,, it r. Dear Mr. Goggins: The Southold Town Planning Board reviewed1he•tbove-referenced application at their March 23, 2015 Work Session and found'thp following: 1. A Site Plan is required for the new lot being created with the existing structures:" The Chief Building Inspector must concur with this requirement. Please submit'a Building Permit Application to the Building Department for a Site Plan Use Determination and Notice of Disapproval. The Notice of Disapproval will also be necessary for the application to the Zoning Board of Appeals. 2. The Lot Line Application is incomplete. The following must be submitted to complete the application: a. Submission of draft deeds that include a reference stating "The Southold Town Planning Board approved this Lot Line Modification by resolution on (insert approval date)" and the Schedule with the legal description of the Lot Line Modification and a Schedule with-the map or a sketch illustrating the modification on legal or letter size`paper. b. Submission of a copy of all Certificates of Occupancy. c. The following revisions to the Lot Line Application form are required: i. The Zoning District section must be revised to "Business Zone" instead of"Hamlet Business". ii. The answer to the question "Create a nonconforming lot" must state "yes". Southold Town Planning,—.;ard Page 2 April 8, 2015 iii. The parcel appears to meet lot recognition (Lot 15- though deed and Lot 16.5 through Planning Board approved Subdivision) please revise the section to "yes" and explain how this application meets lot recognition. 3. The following map revisions will be required after further review is completed by the Board: a. Show the existing acreage of Lots 15 & 16.5 and the amount of acreage proposed to be transferred. b. Change the solid line labeled "Existing Lot Line" to a dashed line. c. Remove the proposed RO reference. 4. To complete the Lot Line change, a variance from the Zoning Board of Appeals for SCTM #1000-97-2-16.5 will be necessary to create a more non-conforming lot; however it is prudent to wait until the Planning Board agrees to the location of the new lot line before pursuing the variance. The Board also discussed requiring a 25' transition buffer between the B and the R-80 zoned property. This item will be discussed further during the review process, as will the final location of the new lot line. If you have any questions regarding the above, please contact this office at 631-765- 1938. Very truly yours, K cab Alyxandra Sabatino Planner Soutoo, ld Planning Department Starr Report Subdivision Application Work Session Review Date March 23, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Lot Line Change Ovsianik Applicant: Allan Ovsianik/William Goggins Date of Submission: March 13, 2015 Tax Map Number: 1000-97-2-15 &16.5 Project Location: Hamlet: Cutchogue Zoning District: R-80 & B II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 1.8 acres # of Lots Proposed: NA III: Action to review Completeness Review IV: Analysis This lot line modification is proposing to transfer approximately 0.4 acres from SCTM# 1000-97-2-16.5 to SCTM# 1000-97-2-15. The reason for this lot line modification is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. The Planning Board currently has an application before them for a change of zone. This lot line modification is eligible for a decision from the Southold Planning Board prior to receiving approval by the Suffolk County Department of Health Services. Required Submitted Cover Letter Yes Re-Subdivision Application Form Yes- Will require revisions Authorization Letters Yes Allan Ovsianik owns both parcels) Copy of Property deeds Yes Copy of all COs None submitted Copies of Easements, C&Rs None submitted - - Souinold Planning Department Starr Report Lot Recognition Proof The application states that the parcels do not meet lot recognition. However, the deed that has been submitted for Lot 15 was created prior to June 30, 1983 and Lot 16.5 was created through a 1972 Planning Board approved Minor Subdivision entitled "Martin Filla". Short Environmental Assessment Form Yes Application Fee Yes- the required $500 Six Copies of survey showing existing No- however the existing conditions are conditions shown on the Re-Subdivision Plan Six Copies of the Re-Subdivision Plan Yes showing proposed lot line configurations Draft Deeds which includes a reference None submitted to the Planning Board and a sketch illustrating the modification Existing area: 1000-97-2-15= approximately 13,939 sq. ft. (or 0.32 acres) 1000-97-2-16.5 = approximately 66,211 sq. ft. (or 1.52 acres) Proposed area: 1000-97-2-15= 32,974 sq. ft. (or 0.75 acres) 1000-97-2-16.5= 46,603 sq. ft. (or 1.06 acres) Proposed lot sizes do not meet the required minimum of 80,000 sq. ft. per lot in the R- 80 zone. However, this proposal is making SCTM# 1000-97-2-15 more conforming to the R-80 zone. V: Staff Recommendations 1. The applicant must apply to the Zoning Board of Appeals for an area variance to allow SCTM#1000-97-2-16.5 to be less than the required amount of acreage for the R-80 zone. The application may need a Special Exception permit (to be determined by the Building Department). 2. The submitted map shows proposed parking on site and "buffer vegetation". As there is a current CO for the building due to a past mistake on the Town's part, consider waiving the site plan process and allowing the additional improvements to be reviewed through the lot line modification application. If the Board will consider allowing site improvements to be reviewed under the lot line change application, parking for the commercial use on the R-80 zoned area 2 a Soamold Planning Department Starr Report would either need to be conditioned on a change of zone (an application to change the zone from R-80 to B on this portion of the property is currently before the Town Board) or would require a ZBA variance. 3. Find the application incomplete with the following items to be submitted: a. Variance(s) obtained from the ZBA. b. Submission of draft deeds that include a reference stating "the Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)" and the Schedule with the legal description of the lot line modification and a Schedule with the map or a sketch illustrating the modification on legal or letter size paper. c. Submit a copy of all COs. d. The following revisions to the application form are required: i. The Zoning District section must be revised to "Business Zone" instead of"Hamlet Business" ii. The answer to the question "Create a nonconforming lot" must state "yes". iii. The parcel meets lot recognition (Lot 15- though deed and Lot 16.5 through Planning Board approved subdivision) please revise the section to "yes" and explain how this application meets lot recognition. 4. The following map revisions will be required after further review is completed by the Board: 1. Show the existing acreage of Lots 15 & 16.5 and the amount of acreage proposed to be transferred. 2. Revise the property boundary illustrated as "Existing Lot Line" to a dashed line. 3 l' Southold Town Planning Board Work Session – March z3 2015 - Page 2 Project Name: Ovsianik, Allen i SCTM#: 11000-97-2-15 & 16.5—j Location: j 225 Eugenes Rd., Cut chogue Description: This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000- 97-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres located in the R 80 and B Zones. J 1 Status: New Application Action: I Review for completeness. Attachments: , Staff Report Project name: Ski Standard Subdivision SCTM#: 1000-10-10-8.1 Location: On the corner of Montauk & Oriental Avenues, approximately 1,800' east - i of Peninsula Road, Fishers Island - ' Description: This proposal is for a Standard Subdivision of a 4.98 acre parcel into i two lots where Lot 1 = 3.05 acres and Lot 2 = 1.93!acres located,in-the R-80 Zonin District. Status: Conditional Sketch Approval• Action: Review conditions of Preliminay Approval. - Attachments: Staff Re ort ' Discussion: ❖ ZBA Request for Comments re: Fragola, 620 Corwin Street;°Greenport, SCTM#1000-48-2-44.2, electrical contractor's yard ❖ Up-coming Code Committee Meeting: 4:30 p.m., Wednesday, March 25, 2015, Annex Board_Room Agenda topic: Short Term Rentals r, z Submission Without a Cover Letter E c E 0 BAR 1 6 2015 Sender: ®qq/yes Southold Town 7 Planning Board Subject: v 31 SCTM#: 1000- 9 G�c�7,— Date: �f��l Comments: 62 ���///'� g �� �� 0/// l'Q�, �~ t �5L--Z, WILLIAM C. GOGGIT ATTORNEY AND COUNSELOR AT LAW D E C E V E 13235 Main Road,P.O. Box 65 Mattituck,New York 11952 EMAR 3 2015 Phone (631)298-4818 Fax: (631)298-4214 Southold town ogginslawQ ail com Planning Board �� WILLIAM C.GOGGINS March 13, 2015 Attorney at Law ANTHONY H.PALUMBO Southold Town Planning Board Of Counsel 53095 Main Road DONALD MATES Southold, New York 11971 Of Counsel DONNA M.PALMER Re: Main Road, Cutchogue, New York; Paralegal SCTM No. 1000-097.00-02.00-015.000 SCTM No. 1000-097.00-02.00-016.000 Dear Sir/ Madam: Enclosed please find original and seven sets of the following: 1. Re-Subdivision Application Form; 2. Owner Transactional Disclosure forms; 3. Agent Transactional Disclosure form; 4. Owner Authorizations; 5. Copy of deed; 6. Short Environmental Assessment; 7. LWRP form; 8. Photos of property; 9. Six (6) re-subdivision plans; and 10. A check in the amount of$500.00. If you have any questions, please do not hesitate to contact the undersigned. Veurs, OamO. Wroggins ' . WCG\dmp enclosures Project Status Report for Re-Subdivisions (Lot Line Changes) k", J,-1 Application Dates Pre-Submission Conference AzD SEQRA Determination Application Received SC Planning Commission Referral Application Fees Paid SC Planning commission comments Application Reviewed at Work Session Conditional Final Approval Fire Department Comments Final Approval Engineer Conference SEQRA Coordination Public Hearing Waived Public Hearing Date Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: JUN 015 zt 10 4 Owl �0ng Board w rM SOUTHOLD PLANNING DEPARTMENT AMENDED Re-subdivision (Lot Line Modification) Application Form APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision NameOvsianik __...._.........�..�.��.�.............. 2. Suffolk County Tax Map # (include all tax map parcels involved) 1000-097.00-02.00-015.000 and 016.005 3. Hamlet .....Cutchomgue 4. Street Location Main Road g s 5. Acreage o Site 1 8271 acre .............._ 9.���...6. Zoning District Busines�...,s�.�.�....Zon me�.�......�.� and R-80 residential .al ............... .....................� �.W 7. Date of Submission June15, 2015 8. Please provide the names, addresses and phone numbers for the following people: Applicant: Allen ovsianik by William C. Goggins P.O. Box 65, 13235 Main Road ttituck, New York 11.952 (6 31 2 9 8�_481.. ........_..�........�....�.�.................... Re-Subdivision Application Forni 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: ........................................................................................................------------ .............. ... ........ .................. .... ...... ...... ............... ................. ................... Property Owner(s): Allen Ov 11 si 11 a I n.i I k .......... Soundview Avenue Southold, New York 11971 Surveyor,- John C. Ehlers 6 East Main Street Riverhead, New York 11 1 ....................-------------- (631) 369-8287 Engineer: ---------N -A ---------- ...........---......................... .......... .................................. ....................................... --------------- ............... -. ........... . ..................-------- ...................................... Attorney: —William-"C.-_qo! an a P.O. Box 65, 13235 Main Road N,,Qw..,York,,,,, 11952 (631) 298-4818 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. Change lot lines to be consistent with the permitted and existing uses. --------------- ----------------1-11 1-... ....................................................... .........-------------------- ...... ............. .................................-..............-. ..... . ............................................................ ........ ....................................................- ......--------------------- .................................... ..... .. ........... ........................ ........... ................................ ...... ........ ................................ ................ ....................... .........................--—-------------......................................................................... ............................................................................. -'-...... "I',"". ------------ .............................................. . ............................................. ......... 2 Re-Sub&visionAppficaion Form 10. DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? no (b) Affect any area reserved for public use? no c Diminish the size of an lot? es O Y yes (d) Create an additional building lot? no (e) Create a nonconforming lot? yes (f) Require a variance from the Zoning Board of Appeals? yes (g) Impact the future planning of the subject properties? yes 11. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Yes x . No x . If 66yes", explain how: Lot 15 was established by deed prior to June 30, 1983; and Lot 16.5 throughmmdiv Planning Board approved subdivision._ division. 12. Does this application meet the standard in& 240-57. Waiver, adjustment of property lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. 13. Application completed by [ ] owner [x] agent [ ] other Upon submitting a completed application, the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code 240-57. Waiver, adjustment of property lines. If the application meets the criteria for a waiver, the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals,. Signature of PreparerDate 3 Re-Sctbdivision.ipplicatiorr Form N " BOUNDARY LINE ALTERATION W+E �P�� FORTYP I GAL PLOT PLAN s not to scale [ 11ALLEN OVS as W ROAD 1 � r • EXISTING WATER SER NICE �� 517ZJA 7E.r / q MAR 10 2015 :J \ sMN Southold Town GUTG 1 I OOUE MN � 7 Mtll Planning Q^�rd ONN OF 5OUTHOLD S T. house _SUFFOLK COUNTY, NEVI YORK G d no MAPPED JULY IQ, 201O0�� �tiOOh� z0N SUFFOLK COUNTY TAX MAP NUMBEROr 1000 - Q7 2 - 16.5a 1000 - CI- - 2 - 15 els � ,o 41 '•i , 220 ry� FIRE DISTRICT No. 2cf o 1-01 •48' SGHOOL 015TRIGT No cf �� _ s� 5EPTI G SYSTEM DETAIL APPLIGANT: '\'-. ;, NOT TO 5GALE OWNER;® / Op `•'` ,, '' '''1AND COVE3t5 TO 6RADE USUNER TOCAST WRON MAN" ME 4 O R �' [ 22 � 'x ALLEN W. OV51ANIK FR fv� OSI "If MTU} T ft x SHALLO" 8490 SOUNDVIEW AVE. o � DE '�- �2---___ �'�r`0.7T r • r..l '� 5OUTHOLD, N.Y. 11971 `�' �. ® ,-i[ F/� - ` ,% !f, MN 4•DIA rlpE � DOhE + o� / -' FCS � ,•►.. .^� � - ..� �' aoo 6ALLDy � i-' Mx IC.TAN SL�fIG TANK ry \ 1 O SIDE • to MALL 'P G V ? ' ff ' "• / .�' WINOVE tAPERACVY"L Mr"" AItEA CCc 6�y �'r j�, f' � //, • t1� s e5A:KF r.TH CIONTALLY'tfAK HATUvE EPRAL ti Y seAeon,L«�«sltao whet 9 O ^� prpe —/ `"• ' / S•I•nwwl,ft R"1 +Ixa, / �j� �t1 '�,yr,y� �� found /�j • SeAsoNAL r+I6N 'b � �q„ e„� F �' 6lcouro w.TE+t TEST HOLE `�'� `� ay McDonald Geoscience 3-15-2010 `k_ I 0 0 �� ' •- / 0-Y KEY IAP EL=14.4 0.0Soo �` �' QQ.�' ?�•� ' oQ DARK BROWN (�1 rl► a \ \_ 0 < 13.4 LOAM — OL 1.0 ®�' w"o1 p�. -. ' </4"U =, 11 O O$� SUFFOLK COUNTY DEPARTNILNT OF HEALTH SERVICES BROWN CLAYEY '?.. ��,s �Op� 1PP�i�. SAND t �.`� -I-S CIN" ,� `hn^' Q�, S�D -10w Ne vYoh Sc '� ` f '' �c,e .ry - ;s�` 'o� nI �BJ FD [Or, 10.4 4.o QNB \NE •_� 0�' -�/N��NF o •� / ,ham v This is;s to o�ry mac me d Realty SubdivWon a Development 5��•1G inthe Z S LOCKING LOCKING _with a total of lots was 10 C.I. COVER C.I. COVER LOCKING approved drovedzon the ntt�tdatiL racer S;jV and xdSIneffect�ehmeoff BROWN FINE CJ" " o `""+�h , �'��ai p- o N BUILDING TOP EL.=15.0 TOP EL.=15.0 TO MEDIUM 4"2 �„,�`" � ti h9 �� FLOOR EL=15.5+ S*PRECAST TRAFFlC TOP EL..v14.0 standuds.R construction ��a p�to separaw :ilea b yea, 'if'°tthnt e°� .,�.t Q BEARING SLAB PRECAST subdivision/development map IS duly Mad with the County Clerk within SAND — SP GRADE EL= � - HOUSE TRAP + CONCRETE CHIMNEY s� is hereby Sh-enfor ftfanEof this map 4' r ak in 0 / / WITH C/O 2.000' MIN on GRADE EL= 4. appearsement in the OfEialthLathe County id.the Suffolk•w. a, `'�0*+ a"PRECAST TRAFFlC a, M114 �ccondyan �prmrrf of the Public Health Law and the Suffolk Coda. HIGHEST 2.9 11.5 ,hp �`'�_.,, �/ INV=13.3 BEARING SLAB 1=13.8 EXPECTED GW + Rti1Nr ` ..�.M, ,;�- '1 > BUILDING SANITARY 435 DIA INV= INV=12.3 2.W' MAX E1=12.8 �� NIINBIrS. WATERFINEBROWN / _ -' b PIPE a 2.00% "v ~ Envkonmental � -_ -: TO MEDIUM qTYPICAL N ors INV=11.9 t ti`y SAND - SP eq. w o0 4' DIA SDR "x68 � "»"- SEPTIC TANK PIPE a 100' LEACHING POOLS 1200 GAL TYPICAL 2- 8' DIA x 6' DEEP r � EL=7.9 2pN� d-go EL=6.2 GROUNDWATER EL=2.9 TH1515 TO CERTIFY THAT TH15 SUBDIVISION PLAT HAS BEEN APPROVED BY THE PLwW-7 BOARD OF THE TONW OF 50UfI10LD BY Rf50l.UiIGN DATED, SANITARY SYSTEM INVERTS NTS t------ - - , DATE: By- MAR 16 2015 0 Southold Td,,-,in Piannin_g Beard NOTES: WI.IUn M.KlY.'1]..,wYlhl.n 2 M 11.. EXISTIN SEPTIC TO BE REMOVED AS PER I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR 5EWAC-E DISPOSAL SY5TEM(5) " -� MAR 10 2015 �•wwrww`rw ,. S.G.D.H.S. STANDARDS FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A +ham•- -.�. . YIF.�GM.N IrrA1u Ir lN CAREFUL. AND THOROUGH STUDY OF THE SOIL,SITE AND GROUND WATER CONDITIONS,ALL �.r 5v...p,s s.0 wur,rtw.Irl M !.w r.,v.•1,...ww.II...,,,,y r rw+Z LOTS,AS PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HSouthold Tc►mEALTH SERVICES I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS TOTAL AREA = 7cf,517 S.F. OR I.82hcf ACRES CONSTRUCTION 5TANDARD5 IN EFFECT A5 OF THI5 DATE. GOMPLETED FEBRUARY 20,2005 t THAT ALL CONCRETE MONUMENTS 5HOWN THUS, Planning Board HEREON ACTUALLY EXIST AND THEIR P051TION5 CORRECTLY 5HOM AND PROPOSED LOT I 32,Q74 S.F. OR 0. 570 ACRES ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECRevtSlons: T. JOHN C. FREERS LAND SURVEYOR= � PROPOSED LOT 2 = 46,603 S.F. OR I.Ohciq ACRES GRAPHIC SCALE I"= 40' 06-07-2012 6 EAST MAIN STREET N.Y.S.LTC. NO. 50202 PROP05ED 13EARING5 AND P15TANGEO SHOWN IN THIS FONT RMRHEAD,N.Y. 11901 369-8288 Fax 369-8287 0 40 80 120 SEPTIC DE516N MICHAEL D.MAPES N.Y.S.P.E LIG. *70501 JOHN G.EHLERS NY.P.L.5. LIG 50202 REF—L•\UsersVohn\DmPboa\05105\05 299 Updated 01-03-2015.pro p��S�FF01,��OG g C � � U E o� y� H R 13 2015 O Southold Town Planning Board SOUTHOLD PLANNING DEPARTMENT Re-subdivision (Lot Line Modification) Application Form APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name Ovsianik 2. Suffolk County Tax Map #(include all tax map parcels involved) 1000-097.00-02.00-015.000 and 016.005 3. Hamlet Cutchogue 4. Street Location Main Road 5. Acreage of Site 1.8271 acres 6. Zoning District Hamlet business and R-80 residential 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: Allen Ovsianik by William C. Goggins P.O. Box 65, 13235 Main Road Mattituck, New York 11952 31298-4818 Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: Property Owner(s): Allen Ovsianik Soundview Avenue Southold, New York 11971 Surveyor: John C. Ehlers 6 East Main Street Riverhead, New York 1 (631) 369-8287 Engineer: N/A Attorney: William C. Goggins P.O. Box 65, 13235 Main Road Mattituck New York 11952 (631) 298-4818 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. Change lot lines to be consistent with the permitted and existing uses. 2 Re-Subdivision Application Form 10. DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? no (b) Affect any area reserved for public use? no (c) Diminish the size of any lot? yes (d) Create an additional building lot? no (e) Create a nonconforming lot? no (f) Require a variance from the Zoning Board of Appeals? yes (g) Impact the future planning of the subject properties? yes 11.Does the parcel(s) meet the Lot Recognition standard in Town Code &280-9 Lot Recognition? Yes . Nom_. If"yes", explain how: 12.Does this application meet the standard in & 240-57 Waiver, adjustment of property lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. 13.Application completed by [ ] owner [K] agent [ ] other Upon submitting a completed application,the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code& 240-57. Waiver, adiustment of property lines. If the application meets the criteria for a waiver,the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes,lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. 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