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Home My WebLink About4356L,6 - ale#x, 7K 6 ALT- 49-/14F I,- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tb rj Maureen G. Os ermann BOARD OF APPEALS TOWN OF SOUT 4OLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 11, 1997 Appl. No. 4356 - M. Kosmynka PARCEL 1000-98-1-11.2 STREET & LOCALITY: 1985 Pine Tree Road, Cutchogue DATE OF PUBLIC HEARING: January 10, 1996; February 7, 1996; September 11, 1997. 'I FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the easterly/ northeasterly side of Pine Tree Road, Cutchogue. This lot contains a total area of 16,306 sq. ft. as depicted on the survey map last dated 7/17/91. The survey shows the following improvements: two-story frame house and in -ground drainage basin located within stone blend driveway, cesspool and water well locations. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 17, 1995, updated December 6, 1995, which reads as follows: "under Article III -A, Section 100-30A.4, property construction of accessory garage will have insufficient front setback. RAO Zone, nonconforming lot size under 20,000 sq. ft. requires 35 ft. front yard setback and 3 ft. side yard setback." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate proposed accessory garage 24 ft. by 24 ft. in size with a three ft. setback from the side property line and 19 feet from the front property line at its closest points. Height is proposed to conform with zoning code for accessory buildings. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Section 100-33C of the Zoning Code provides for a front yard location of accessory buildings, provided they meet the principal setback from the front property line (35 feet in this instance). The difficulties in locating the accessory building at 35 feet are due to an existing under -ground drainage basin which is necessary to retain ground water run-off and drainage, due to the existing septic pool locations, and narrowness of the lot in the front yard. Page 2 - September 11, 1997 Re: 1000-98-1-11.2 (Kosmynka) Southold Town Board of Appeals There is no area available in the rear yard due to the restricted buffers, wetlands, and adjacent areas to wetlands. The opposite side to the south is landscaped with arborvitaes and other established plantings. (1) The granting of the area variance as applied would produce an undesirable change in character of neighborhood or a detriment to nearby properties because there are no other parcels in the immediate area on the same side of applicant's improved premises that have accessory garages in the front yard area. (2) The benefit sought, as originally requested by the applicant, can be achieved by some method, feasible for applicant to pursue - such as the alternative location noted below - as the minimum necessary. (3) The relief requested is substantial with a setback at 19 feet, consisting of 54% of a variance from the 35 feet setback requirement. (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the building can be moved with a greater setback. (5) The situation has not been self-created and is related to the layout of the property. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by' Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to DENY the relief requested for a 19 ft. front yard setback; and BE IT FURTHER RESOLVED, to GRANT alternative relief, subject to the following CONDITIONS: 1. The building shall be setback at 25 feet (closest point) from the front property line and five (5) feet from the side property line to the north. 2. Plantings of three to five ft. high evergreens shall be planted and continuously maintained, separated 5 ft. to 6 ft. apart along the side of garage facing front property line. • •Page 3 - September 11, 1997 Re: 1000-98-1-11.2 (Kosmynka) Southold Town Board of Appeals 3. Garage doors must face south on the side of this building that faces the inside of driveway (for egress and ingress as proposed). 4. Accessory building (garage) shall contain only utility of electricity and not be used for habitable quarters. 5. Height of accessory building (garage) shall be 14 feet in height as requested. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and OSTERMANN. (Member Doyen of Fishers Island was absent, excused.) This resolujierV4vas duly'-,ffi). �j September 12, 1997 ************************************** Actions. alll98-1-11.2 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE C1� % 3iQ�2 -.0 Town Clerk, Town of Southold ' FORM NO. 3 TOWN OF'SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL (�+� 111 pj Date........ ...... /.........19 �.. To PLEASE TAKE NOTICE that your application dated ...... V. •� • ., 19 .............. for permit to ............. .............................. at .. Location of.Property... !. J�.......1. ///! ../ JslZ? .��0, .......4LL-C`: House No. g Street / Hamlet County Tax %Map No. 1000Section ...... • .... Block .....!.... Lot Subdivision/.. ?�� •� --.F Filed Map No . .................��.. �L%o�t No. ................. is r rued herewith and disapproved on the /followin, grounds . �4�fj�� RV 1/80 Q....' q. . ................... /� Building Znspe or R° E� Examined................119... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTh,..:j; N.Y. 11971 TEL.: 765-1802 Approved .................19... o............ Disapproved, a/c ..�`�• ............, � BOARD OF HEALTH ......... 1 SETS OF PLANS 'SURVEY .................. CHECK: ........ SEPTIC FORM ............. I.OTIFYi %�'� _�(F 1. T... CALL I' MAIL TO: ............................... (Building Inspector) APPLICATION FOR BUILDING PERMIT j Date .........., 19 .. . INSTRUCTIONS a. This application must be co.mpletdly filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. . e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Departmentfor the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, forthe construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing ode, and regulations, and to admit authorized inspectors on premises and in building for necessary i, ctio s. ..... T ......... .......:...:...... (Signature of applicant, or name, if a corporation) (Mailing address o ap icant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............: w.I�LS ..... Name of owner of premisesPL,QSI��'/�Cta.................. ,. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ................................ (Name and title of corporate officer) 1 1. Builder's License No . ......................... Plumber's License No . ........................ Electrician's License No. Other Trade's License No . ..................... 1. Location ofland on which proposed work will be done . ........................:.......:.......... ,..... J.�I.$.. �..w ...r. 'ls ... ................ T...N........ House Number Street Hamlet P/., / County Tax Map No. 1000 Section ...:l . F ........ Block ...... / ........... Lot .. f ! r. ,�......... Subdivision..6� .J�.tiCJ, i � )........ FiledIti1apNo. ..�..(;..�. ... Lot ............... (Name) State existing use and occupancy of premises and intended n{:--:.:_'.occ:,nancy of proposed construction: a. Existing use and occupancy .... .... ...:.... ........................................................ b. Intended use and occupancy 3. Nature of work (check which apr dcable): New Building .:........ �. Addition .......... AJterati n ......... Repair .............. Removal .............. Demolition . , ..:.......... Other Work . J . .. 4.. . (Description) 2 4. Estimated Cost `%�0 .....Fee .............. .... f...... . (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number cf dweliing units on each floor ............... . If garage, number of cars ...... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .................... . 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............ , , . Height ............... Number ofStories ............... ............... I ............ ............. Dimensions of same structure with alterations or additions: Front Rear ................. . Depth ....................... Height .........::. Num er of to ' 8. Dimensions of enSir� new construction: Front .../ ........ , Rear ::: ::: : ; :F: e :. Depth .. .......... . Height ... /I........... Number of Stories ........J ...... ....:..:..... < . 9. Size of lot: Front Rear ...................... Depth .. . 10. Date of Purchase ......... Name of Former Owner 7K . 11. Zone or use district in which premises are situated .............................. 12. Does proposed construction violate any zoning law, ordinance or regulation: .... . ........................ . . . 13. Will lot be regraded ....... '... .... .........: Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .M4 .�.T/ .1�P-`n)°7` Address TKPdv. Phone No. �-7 3 �/ :. �4© Name of Architect ........................... Address ................... Phone No......... , Name of Contractor .......................... Address ............�:.f Phone No........ . 15. Is this property within 300 feet of a tidal wetland? *yes..�l.... No...,...,, *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. ,=r � �f-7- Ci lz i� Q � TATE OF NEWT�11 [� S.S J OUNTY F ........... .... . (Name of individual signing contract) n, A being duly sworn, deposes and says that he is the applicant I- - is the rCN�'1 ....................:....................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be performed in the manner set forth in the application filed therewith. ,om to before me this l�. ...day of ...... a:y Puhhc 41 .... ... . County Ct.AifFE C GLEN Notary Public. State of New York ........... No. 4878505 Qualified in Suffolk County q O (Signature of applicant) Commission Expires December 8,19-{ Rk�EIVED DEC 7 1945 TOWN OF SOUTHOLD, NEWYO /6 )� / Rf bwn Clerk Sodthold APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. t?�� DATE .... TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N Y ®. (W) t.1_tiTJ,+� ("t✓�9 G...p.�.•5 PNr%....f5/.�'� � D..S..O. 7— Nome'of Aprllont Street and Number .o. a . ........................................ ............................HEREBY APPEAL TO Kiunicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTORON APPLICATION FOR PERMIT NO ....................................... DATED ...................................................... WHEREBY, THE BUILDING INSPECTOR DENIED TO l4)lA/ , ®SrK Name of ..i.y.. s..P..I.N..S. .... Arpptlicant �fo..r...permit of ?J (f ,........... , ....> ..... Street and Number Municipality State ( ),,,,PERMIT TO,USE ( ) PERMIT FOR OCCUPANCY R'c,&F /9/ fee-1,-7"55ok y' G o' flG 1. LOCATION OF THE PROPERTY :, r S� P/war. !7 ew / e�ce- /vj"5,vj cwjfP,5 .......... ........ ............ Street /Hamlet / Use District on Zoning Map District 1000 Section%$ Block i Lot/ J 2 `Current Owner /yI/�/�®5'"`i'J�c�3 Map' .NaPA55-6u_piRH. _,'Lot Na. Prior Owner. 2. PROVISION (S)'OF'THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Patra -raph of the Zoning Ordinance bb number. Do not quote the Ordinance.) Article �j / Section 9® �0J 3PE OF APPEAL Appeal is'made herewith for (please check appropriate box) (CA A VARIANCE to the Zoning Ordinance or Zoning Map ( } A VARIANCE due to lack of access (State of New York.Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (hno J been made with respect to this decision revs as of the Building inspector or with respect to this property. Suchappeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .......... ................Dated.............................r.............. REASON FOR APPEAL ( )A' Variance to Section 280A Subsection 3 (—/�A Variance to the Zoning Ordinance Is requested for the reason that 6�&, 1wFbrin zits (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because J¢ f kl-e- U CE -C OJAA- kL f 2. The hardshipcreated is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because e .1 d j�J i1T l KA - 14 A -,4 3. The Variance would observe the Gpirit of othe lSrdinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becausea /ice rA 0 -AAA 1(°'yed b � Al I -T f. . • � ,� �- `tet STATE OF NEW YORK ss ....:....d ............. ................................ COUNTY OFJ�, Signature . Sworn to this ..... .................. day of....�............ 19 Q `} Notary Public HELEa;'E O. HOMN E f«a.e. f Pubile y & cf aY®r; No. 4951364 Qum friedn S ". dk c u ty comm, is aon Exp T2s 0:iiay 22; 19 � lj TOWN OF SOU.TH®LD PROPERTY RECORD CARD 1dJ- /6 OWNE/R(- STREET VILLAGE DIST. SUB. _) LOT4M el 2. 2 �,hn��'LLlt OlJh1\l1'1N� —�-- 7,�i /Yee /�o� / �v�CiJo Ue �J CLSSItG /°GiYYr� y" FORMER OWNER �— N E ACR. �'QY•� �� n GIv _ Y ,c 11 S W TYPE OF BUILDING y7. v RES. ~LAND SEAW. VL: _ FARM COMM. CB. MICS. Mkt. Vdiue IMP, TOTAL DATE REMARKS OD e 12-t94 � 2 '5/y �P�l S'ft %VC, �, �OA�/ta D %l�/fiehN�e %S 11100 IQdO Dc� Q-00 12 2- 3�, �1 (o� �j��Ft Sac<a X35 oau /L�ede%e. ��n �a/.tea a A3i� �a�9 9� -B(� c�3 a - �t�na� on�"av_ r,%I , 1� Lc)JJe(,'4? -)a t gl0t-L 0 , .- ` aliof)13 4.0 —,46:5 3-KoSO4n 3 E fi�clieue43 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON RO D 5' 3 t f x 72✓, Meadowland DEPTH Gc c House Plot BULKHEAD Total — Foundation G Bath Dinette Porch C 10 tJ .50 Basement _ � � � Floors K. a — r� — Ext_WallsU IJA — Interior Finish LR. ---- Breezeway Fire Piace Heat ®i — DR. — Dw o+. Type Roof Rooms 1st Floor 3R. 7°,2 Ale -Recreation Room Rooms 2nd Floor FIN. B O. B. -5pof' 0 0 Dormer— Driveway - — --- - - --r Total p 93 BUILDER'S NO. 11161.1 WAr45� -7' 0w6r��B OE/ GoTN'Z/ 607 N%CDZ°� G srr DECK I OVER /3'� STY OECK I V i 4 STEP 1 I WOOD a o. ,o OEC K I /� � V W, h 22.a' n n � SToRy EX/ST/n/G OWELL✓NG CIES WVI FFEc./4.34 � j�� AS Ro /n/ FG000 Zon/E "G '�MiA/i �/nc srE o SNEo O FC,000//✓GJ P6f? F//4M - % so o.6so i �FGOOO /n1SURAnICE RATE MAP q' o �° o ''s.o'�'' N. _ • � � srEa, CyEO Fore THE TO�.�iv oFsOvTF/o%O ' Q I S\ I O a � W O� /ter✓� J �� 0 � Co✓G. N 4J 0 � MON. /G Pose p4E 8D 0 N TR� x,55 P as THE EXISTENCE OF RIGHT OF WAYS �r CERTIFIED TO: AND OR/EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT CHR/ST/rVE IF MART/rV KOSMYNKA GUARANTEED. If UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. GUARANTEES ARE NOT TRANSFERABLE. SURVEY OF: I-oTNsZ/AEP/oGoTzz MAP OF:/VASS.AU FAf?N/S �F�Eo/-7a,¢. ZB, 19.33' Films Na/i79' SITUATED IN: PECon//c TOWN O F: SwTNoc 0 SUFFOLK COUNTY, NEW YORK. DATE: 1/30/92 J 0 B NO- BZ -/7/ DIST. SEC. BLK LOT S.C.T.M, NO- /000. 98 / //2 FLEET MARKET CORP TRW "T/TLE IlvSURA/VCE OF NEW YORK THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES SIGNED KENNETH H. BECK11 NL-L.S. Surveying and Lanai Planning 5018 Expressevay Drive South Suite 202 Ronkonkoma, N.Y. 11779 f5 16) 588-0380 zEv. GAR. 3/7%9 z i7 FAX 5161 588-6395 ,aooEp F oP. GA' . / / ADLI�D F/RM DATA 7/B19Z F/NAL SURVEY, 6/r5 /92 ,cooEO 5.�p WELL !oc . Fo�.vo. Goc. z�Zo/9Z B�-i6� FOR OFFICIAL USE BY BOARD MEMBERS: AND STAFF Ref: ffltg- � 3a� ,�-e ti[p caw'fa-ct Z6f1-o��•re �✓ �i.J 6/l�t`97 �-ao-.�• a-�c�: fig, /�� ..8- � 8�>. June 30, 1997 Martin T. Kosmynka 1985 Pine Tree Dr. Cutchogue, N. Y. 11935 Zoning Board of Appeals Southold Town Hall 53095 Main Rd. P.O. Box 117 9 Southold, N. Y. 11971 Dear Sirs, 1997 if Re: Kosmynka file My name is Martin Kosmynka. I reside at 1985 Pine Tree Road, Cutchogue, N.Y. I am writing to your office to reactivate my application for the construction of a garage on my property. Since my first application, I have landscaped the area in front of my property between my home and the location of where 1 plan to build a garage. Due to the location of my dry well, 1 am looking for the relief for the front yard setback. When you come to do the inspection, the area will be staked out. At the beginning and at the end of Pine Tree Road, there are two (2) homes that both have detached garages that are less than 19 feet off the street. (See enclosed pictures). Attached please find letters of support from my neighbors, (direct--- P& neighbors) who are full time residents. In addition, a letter from:-- �O�Xy'- Mr. William Fishlinger, (next door neighbor) in full support of my application. His home is located on the north side of my property, the location at which the garage would exist. For your convenience 1 have also enclosed pictures of ,my site. Thank you for your cooperation and time. Sincerely, A Martin T. Kosmynka Enc. FI L,_ 71,117 I R97ElVED DEC 7.1995 TOWN OF SOUTH OLD, NEW YO "l~bwn Clerk Sodtllold APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.Jf�o DATE .....1.�� TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHHjOLL`D, N. Y..�' ©, (We) .....................1. ..OS/t!.J.....% ... .....of ...!. i ......•i )f�S......Y.k �- �N./ame'of Appellant Street and Number ....... Cu.l...C.!.1....o u .......:................................ ....... ..............HEREBY APPEAL TO unicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED .............:........:.......:....................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name uo••f-�f.-.Applicant for permitof ? (� Street and Number ....s...................l�.,�►:"..f ( ) ..PERMIT TO USE �MuniciPality State ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY :. �. .8.� P/war 7� Street /Hanle r -- ...!`'.iQSS'�' F�,f�S . ............................ .......... .... Use District on Zoning Mop District 1000 Section$ Block'j Lot T ._ ................._.....w .....��Z:Current Owner N"49 /x" k&5 ys✓ ..9 Map �NoAJfi�js$� J'�1Rr�s Lot No. P rior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and P ra roph of the Zoning Ordinanceby number. Do not quote the Ordinance.) Article [�� % Section �O �© 4 3.PA PE OF APPEAL Appeal is made herewith:for (please check appropriate box) VARIANCE to the Zoning Ordinance or Zonin Ma Zoning P . ( ) A' VARIANCE due to lack of access (State of New ' York Town Law Chap. 62 Cons. Lows - Art. ' 16 Sec. 280A Subsection 3 +. 4. PREVIOUS APPEAL A previous appeal (has) (hds not been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request.for a special permit ' ( ) request for a variance andwas made in Appeal No..................................Dated ........ :.............. ' ......t ........................... ........ REASON FOR APPEAL ( ) AA Variance to Section 280A Subsection 3 (- 1 A Variance to the Zoning Ordinance is requested for the reason that kl,4� (Continue on othee side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because r�,a P44-4-0, d f-1- It -4 A6 L 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property, and In this use district because ply%- . -A-c- 751114- 0- 3. The Variance would observe theth e of rit p Ordinance and WOULD NOT CHANGE THE Os i a CHARACTER OF THE DISTRICT because. j D)I- kAL /LA� ki.A kc ul".�tk PAA't ae�� kceK STATE OF NEW YORK Yss ... ............... ... COUNTY'017.,Z� Signature -7 Sworn to this .................... ......................... day of........ ............ 19 ?.................................................. .. .. Notary Public HELENE D. HORNE Notary Public, State of New York No. 4951364 Qualified in Suffolk County Corninission Expires May 22, '19 'IN Martin and Christine D. Kosmynka-- 1985 Pine Tree Road FR' ~ ¢ Cutchogue, N.Y. 11935 �' k o r sc �ss�i an -t (516)734-4059 I' JUL 71 998 �..-_......,..e o .p—m July 17, 1998 Southold Town Zoning Board of Appeals 53095 Main Road Southold, N.Y. 11971 To the Zoning Board of Appeals: Re: Application # 4356 I was granted relief for a front yard set back for a garage on September 11, 1997. The Zoning Board's decision was to place the garage 25 feet from the front road and 5 feet from the side yard. Thoe Board also allowed me to build a 24X24 square foot garage. As you can see from the final survey, the project results in the following: The garage is situated 26 feet from the front road, 57" form the side yard and 30'6" from the front side corner off the road. The finished structure : i 22'X23', smaller than what was originally granted me. V5 Prior to the final building plans, the building department informed me that I could encroach in the side yard set back with a basement entrance. I showed the entrance for the basement on my building plans, had two (2) building inspections, completed the garage and now the building department is questioning the basement entrance. Architechually the structure is very attractive and pleasing to the eye. I believe this addition has enhanced the beauty of our home and neighborhood. Sincerely, ynk Ain T. Kosma APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Martin Kosmynka Pine Tree Road Cutchogue, NY 11935 BOARD OF APPEALS TOWN OF SOUTHOLD July 24, 1998 Re: Your Recent Communications /Garage Stairs Dear Mr. Kosmynka: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Your recent letter was reviewed at the Board's meeting held July 23, 1998. The Board's response was that the determination regarding compliance or noncompliance for the stair area must be determined in writing by the Building Inspector under the pending building- permit. uildingpermit. In the event a variance is requested, we will furnish the necessary forms. cc: Building Department Attn : Ed Forrester Very trul rs, L GERARD P. GOHRINGE CHAIRMAN I 6 1 Martin and Christine D. Kosm a 1985 Pine Tree Road - _ A /a 3 ey,.da, �Cutcho ue, N.Y. 1193 5 g or a isc�ss1998 i6 (516)734-4059 JUL 7 3,a0Pn,_�; . July 17, 1998 Southold Town Zoning Board of Appeals 53095 Main Road Southold, N.Y. 11971 To the Zoning Board of Appeals: Re: Application # 4356 I was granted relief for a front yard set back for a garage on September 11, 1997. The Zoning Board's decision was to place the garage 25 feet from the front road and 5 feet from the side yard. Thoe Board also allowed me to build a 24X24 square foot garage. As you can see from the final survey, the project results in the following: The garage is situated 26 feet from the front road, 57" form the side yard and 30'6" from the front side corner off the road. The finished structure.' i 22'X23', smaller than what was originally granted me. r5 Prior to the final building plans, the building department informed me that I could encroach in the side yard set back with a basement entrance. I showed the entrance for the basement on my building plans, had two (2) building inspections, completed the garage and now the building department is questioning the basement entrance. Architechually the structure is very attractive and pleasing to the eye. I believe this addition has enhanced the beauty of our home and neighborhood. Sincerely, &inT. Kosmynka v BUILDER'S No. G E�rG'REEk •r ,% / eZ•Oa GoT /V% Zz NO rE EX/ST/n/G O NEC.C./NG GREs /n/ FG000 ZONE. 'C "r"IA-1-7AI �C,00O/A /GJ A5 F -000 /n -511QA/110E RATE MAP FoR TWE To .✓n/ of SoU7</o40 OATOIO .TvNE /5, / 9F33 5•z�o39 Q° �/ i'/o cr LaT N'Z/A Q Go7 N'Z/ iNpZZ 0 �I I tiIta 2"d STr DEcK • (.DYER /s� STY DECK I STEP •Sf/EO iC �, h: -: .\�kk I W SHED 2 5ToRy � i� Ff?AME F.F. EG,14.34 � W0 srEP S o� tJe�'-- / fn. Pow o=so. 8• O N0,4 z RpA. 7RE� 0/ THE EXISTENCE OF RIGHT OF WAYS CERTIFIED TO: AND OR /EASEMENTS OF RECORD IF COC• yOM. ANY, NOT SHOWN ARE NOT CHR/ST/NE e MARTIN K05MYNKA GUARANTEED. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR'WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE.. SURVEY OF: 607-/V90/A a P/OCvTZZ MAP OF: A/.cSSAc) FAF2M5 �F.c.En.•r/s.R. 06, :935 tic /t/aii7y' SITUATED IN: TOWN O F:.SouTNoc.,0 SUFFOLK COUNTY, NEW YORK. DATE: //30/9Z JOB NO. BZ -/7/ DIST. SEC. BLK LOT S. C. T. M. NO. /000 96 FLEET MARKET CORP TRW TITLE /IVSURAIVCE OF NEW YORK, //VC. . THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES SIGNED KENNETH H. BECKMAMA.S. Surveying and Land Planning 5018 Expressway Drive South Suite 202 Ronkonkoma, N.Y. 11779 X00 aa (516) (516) 588-0380 QEv, GAR. 31'211& FAX (516) 588-6395 Araoeo P>4aP. G1+R. / / AOAED f/RM OA'rA 71AoPZ. F11mL. SURVEY• AD060 S..n/. c N/64.G !oC . Fouvo. e-oc. '62-/67 vws. � = • STc� •Sf/EO .\�kk I SHED W S a Fo✓ns0 p � az* o ;I o Pow o=so. 8• O N0,4 z RpA. 7RE� 0/ THE EXISTENCE OF RIGHT OF WAYS CERTIFIED TO: AND OR /EASEMENTS OF RECORD IF COC• yOM. ANY, NOT SHOWN ARE NOT CHR/ST/NE e MARTIN K05MYNKA GUARANTEED. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR'WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE.. SURVEY OF: 607-/V90/A a P/OCvTZZ MAP OF: A/.cSSAc) FAF2M5 �F.c.En.•r/s.R. 06, :935 tic /t/aii7y' SITUATED IN: TOWN O F:.SouTNoc.,0 SUFFOLK COUNTY, NEW YORK. DATE: //30/9Z JOB NO. BZ -/7/ DIST. SEC. BLK LOT S. C. T. M. NO. /000 96 FLEET MARKET CORP TRW TITLE /IVSURAIVCE OF NEW YORK, //VC. . THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES SIGNED KENNETH H. BECKMAMA.S. Surveying and Land Planning 5018 Expressway Drive South Suite 202 Ronkonkoma, N.Y. 11779 X00 aa (516) (516) 588-0380 QEv, GAR. 31'211& FAX (516) 588-6395 Araoeo P>4aP. G1+R. / / AOAED f/RM OA'rA 71AoPZ. F11mL. SURVEY• AD060 S..n/. c N/64.G !oC . Fouvo. e-oc. '62-/67 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Martin Kosmynka Pine Tree Road Cutchogue, NY 11935 o��g�FFO(kC CO2 2 oy� BOARD OF APPEALS TOWN OF SOUTHOLD July 24, 1998 Re: Your Recent Communications /Garage Stairs Dear Mr. Kosmynka : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Your recent letter was reviewed at the Board's meeting held July 23, 1998. The Board's response was that the determination regarding compliance or noncompliance for the stair area must be determined in writing by the Building Inspector under the pending building permit. In the event a variance is requested, we will furnish the necessary forms. cc: Building Department Attn: Ed Forrester Very trul7rS, .,..- i r GERARD P. CHAIRMAN 7126 GO HRIIVGE COUNTY OF SUFFOLK ROBERT J. GAFFNEY �![ SUFFOLK COUNTY EXECUl7VI DEPARTMENT OF PLANNING LIE SEP 2 41997 i , September 22, 1997 Town of Southold Zoning Board of Appeals JONES, A.I.C.P. OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Kosmynka, Martin & Christine GGN:cc C:1W P W I N60\W PDOCSIZON I N G\WORKING\LDS\SE P-RSD4356. S EP 4356 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE 0 P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 ■ FAX (516) 8534044 Page 3 - September . _ 1097 Re: 1000-98-1-11.2 (hosmynka) Southold Town Board of Appeals 3. Garage doors must face south on the side of this building that faces the inside of driveway (for egress and ingress as proposed) . 4. Accessory - building (garage) shall contain only utility of electricity and not be used for habitable quarters. 5. Height of accessory building (garage) shall be 14 feet in height as requested. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and OSTERMANN. (Member Doyen of Fishers Island was absent, excused.) This resolution as dub a pt (4- ) . /GERAIWW P�GOEEHRINGER, CHAIRMAN September 12, 1997 Actions. all/ 98-1-11.2 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERIC DATE Z21 HOUR a- Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. XR25} 2S. -_ _ Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD September 15, 1997 By Facsimile Transmission 734-7712 and Regular Mail Gary Flanner Olsen, Esq. P.O. BOX 706 Main Road Cutchogue, IVY 11935 Re: Appl. 44356 - Variance for Accessory Garage (Kosmynka) Dear Mr_ Olsen: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's three-page determination rendered on September 11, 1.997. Please be sure that the property owner follows -up with the Building Department in the next several days to obtain their written permits and approvals. We have today furnished a copy to the Building Inspector's Office for further processing and for their permanent file update. Very truly yours, Linda Kowalski Enclosure 9/15 Copy of Decision to: Building Department (Attn: E. Forrester) Mr. and Mrs. Martin Kosmynka ................................................................................ TRANSMISSION RESULT REPORT ...................... (SEP 15 197 03:48PM)................. SC OLD TOWN HALL 516 765 1823 ................................................................................................................................................................................... ( AUTO) ..................... DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. SEP 15 03:46PM 516.734 7712 01'.36" OK ES 04 005 ........................................................................................................................................................................................................................ E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. To ora Maureen C. Osterman SUFF0j,Yco C= G�1 y 2 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 11, 1997 Appl. No. 4356 - M. Iiosmynka PARCEL 1000-98-1-11.2 STREET & LOCALITY: 1985 Pine Tree Road, Cutehogue DATE OF PUBLIC HEARING: January 10, 1996; February 7, 1996; September 11, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the easterly/northeasterly side of Pine Tree Road, Cutchogue. This lot contains a total area of 16,306 sq. ft. as depicted on the survey map last dated 7/17/91. The survey shows the following improvements: two-story frame house and in -ground drainage basin located within stone blend driveway, cesspool and water well locations. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 17, 1995, updated December 6, 1995, which reads as follows: "under Article III -A, Section 100-30A.4, property construction of accessory garage will have insufficient front setback. R.40 Zone, nonconforming lot size under 20,000 sq. ft. requires 35 ft. front yard setback and 3 ft. side yard setback." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate proposed accessory garage 24 ft. by 24 ft. in size with a three .ft. setback from the side property line and 19 feet from the front property line at its closest points. Height is proposed to conform with zoning code for accessory buildings. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Section 100-33C of the Zoning Code provides for a front yard location of accessory buildings, provided they meet the principal set.back from the front property line (35 feet in this instance) . The difficulties in locating the accessory building at 35 feet are clue to a» existing under -ground drainage basin which is necessary t() roulin ground water run-off and drainage, due to the elisting septic pool locations, and narrowness of the lot in the front yard. �r r Page 2 - September 1997 Re: 1000-98-1-11.2 (Iiosmynka) Southold Town Board of Appeals There is no area available in the rear yard due to the restricted buffers, wetlands, and adjacent areas to wetlands. The opposite side to the south is landscaped with arborvitaes and other established plantings. (.1 ) The granting of the area variance as applied would produce an undesirable change in character of neighborhood or a detriment to nearby properties because there are no other parcels in the immediate area on the same side of applicant's improved premises that have accessory garages in the front yard area. (2) The benefit' sought, as originally requested by the applicant, can -be achieved by some method, feasible for applicant to pursue - such as the alternative location noted below - as the minimum necessary. (3) The relief requested is substantial with a setback at 19 feet, consisting of 54% of a variance from the 35 feet: setback requirement. (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the building call be moved with a greater setback. (5) The situation leas not been self-created and is related to the layout of the property. (G) This action is the nriliimum that. the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to - DENY the relief_ requested for a 19 ft. front yard setback; and BE IT FURTHER. Rf?SOLVED, to GRANT alternative relief, subject to the following CONDH.IONS: I. The building shall be setback at 25 feet (closest point) from the front. property line and five (5) feet from the side property line to the north. 2. Plantings of three to five It. high evergreens shall be planted and continuously maintained, separated 5 ft. to 6 ft. apart along the side of garage facing front property line. cc „ Page 3 - September 1 1997 Re: 1000-98-1-11.2 (hosmynka) Southold Town Board of Appeals 3. Garage doors must face south on the side of this building that faces the inside of driveway (for egress and ingress as proposed). 4. Accessory building (garage) shall contain only utility of electricity and not be used for habitable quarters. 5. 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"•S` i •�:Y,nlr: (,•, ifyt ! - •'C.' v -• N ti 4r� Wg;, IN- JA I cl, SEP �g 19971 LJ 0 10, 0 s SEF' 9199J ` E- F7 - C 1 s. 777 1:2 74 s SEF' 9199J ` E- F7 - C 1 BUILDER'S NO. R EEf< H;,—,q vVATe-� 4D„6. 0�3 9 oT G OT /V `Z/A 0 2 z IBJ 30� A/0 TE : Ex/sT/nJG D vVEc.uN� L/Es //v FG000 ZONE G "�MiN�Ms�� /-�,00O/ti/GJ A5 R6R- F/R/✓� (F0000 //VSvF?A/Jc-� fRA716 //.4P, FoR THE TOu✓N oF.SovTF/o�0 O,Qrf� 72/NE /-6,/ 9e93 THE EXISTENCE OF RIGHT OF WAYS AND OR/EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. A./'ZZ . r u V/ 0 f 2�a' STY. DECK (OVER /s't STY. OEC' 0 N R.O /s Cy�o 0 S.lEo O i a so. O W G. AJAI& ° � �FyG S3 /� D ,/� •, tel. 0.2 Ste• z• � Z8 S oAD P CERTIFIED T0: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. ” GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI– TUTION. GUARANTEES ARE NOT TRANSFERABLE. SURVEY OF: 1-07'1Vs0/A e;/Oe.47rzZ MAP OF: /VivSSAU (FiLEO. ,`7aR Z8, /933 Fi/ ,V�/i79J SITUATED I N : TOWN O F:.SOVTh'OL..O SUFFOLK COUNTY, NEW YORK. e„AIc. MON • CHRIST//uE t MART//V KOSMYAIKA FLEET MARKET CORP. TRW T/7 -LE /NSL/RAAJCE OF of NEEq >M NEW YORK , //vC. THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM �iC ho Q499a, ,� TO THE STANDARDS OF THE SUFFOLK COUNTY FNS fo t A►'Q �'JP DEPARTMENT OF HEALTH SERVICES SIGNED KENNETH H. BECKMAN, L.S. Surveying and Land Planning 4 Ni ewo o d Drive Ridge, New York 11961 (516) 924-3756 DATE://30/9Z JOB NO. BZ -/7/ ,4oOhED F/RM OnT•t 7/0/PZ- DIST. SEC. SLK LOT F/NAG SuRV6Y, 614519c? ,40060 bt/E6-6- (—c . S.C.T.M. NO. /000• 98 / //Z Foruvo. Goc. eleO/qz B2 -/B;;> STEP WOOD DEC K /6.0' •p c Z STo,4y �' "F FRAME a F. F• EG./4.34 STEP 0 N R.O /s Cy�o 0 S.lEo O i a so. O W G. AJAI& ° � �FyG S3 /� D ,/� •, tel. 0.2 Ste• z• � Z8 S oAD P CERTIFIED T0: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. ” GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI– TUTION. GUARANTEES ARE NOT TRANSFERABLE. SURVEY OF: 1-07'1Vs0/A e;/Oe.47rzZ MAP OF: /VivSSAU (FiLEO. ,`7aR Z8, /933 Fi/ ,V�/i79J SITUATED I N : TOWN O F:.SOVTh'OL..O SUFFOLK COUNTY, NEW YORK. e„AIc. MON • CHRIST//uE t MART//V KOSMYAIKA FLEET MARKET CORP. TRW T/7 -LE /NSL/RAAJCE OF of NEEq >M NEW YORK , //vC. THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM �iC ho Q499a, ,� TO THE STANDARDS OF THE SUFFOLK COUNTY FNS fo t A►'Q �'JP DEPARTMENT OF HEALTH SERVICES SIGNED KENNETH H. BECKMAN, L.S. Surveying and Land Planning 4 Ni ewo o d Drive Ridge, New York 11961 (516) 924-3756 DATE://30/9Z JOB NO. BZ -/7/ ,4oOhED F/RM OnT•t 7/0/PZ- DIST. SEC. SLK LOT F/NAG SuRV6Y, 614519c? ,40060 bt/E6-6- (—c . S.C.T.M. NO. /000• 98 / //Z Foruvo. Goc. eleO/qz B2 -/B;;> ou A I \1 ze -ww 1 . i i.® 6j\�'/�/r�/� [ "Pr o. oe- ct % - ro p -,- t i Kosmynk� gQraqe s�tinc� Kosm�rnko,�:i�`�=,o.o 5-pineTr¢c road ffi l 1.O 15-6-10 w -E Ro vs.6 — .O a,4.0. Go,ro� Z /40 .ti t 1 s, q;0 3• S2 17,0, I 1�5 ;SS se.,.. t, bry well D.E.C. 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'�ti.�^!..,.!. -Y'. •; ':Y .. �+ - _ � .- .,n ,.. �;aL,.rF'.��rn: -eta;. > d��4 y �^.Y-<�:� .� a y;��,+�'..'i,a,'.,fa.:;•; k •5,;:'x E'F,. ths�k., r; z' .'RG,a }+ `+„ lam-, r' _ .e r•�iti' ��r.:7t ,e:t^:i,:r�+>_�,,.,c.:!e.a: �`:,.: hk�.`."^»:L:,i =: �_-e..�!. .F. x`' :�>�`?`` '.�af�' �'' •.,..r,L.:eaCnevs i�i::�.'.=,:::A"r:.° ::y. 4.. 6 Vt, yt1 M 1.A - 40, now ,. C 10 September 1997 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road Southold NY 11971 Dear Members of the Board: rs CC77 , SEP 1 0 19971 i 11Ii U, I write to express strong objection to the variance applied for by Mr. Kosmynka (Appl. No. 4356). My wife and I own the property directly across Pine Tree Road from the lot for which the variance is requested. If Mr. Kosmynka is relieved of the zoning requirement of a front setback of.35 ft. and builds a 24'x24' accessory building with only a 19' setback there will be a precedent that .will bring about a most undesirable change to the rustic character of Pine Tree Road. The proposed building is so large that if it is placed 19' back, it will extend across the mid -line of the lot as seen from the road and be an imposing, distracting sight. Such an obtrusive structure will certainly be a detriment to nearby properties. I have attached a composite photograph of the property in question constructed to scale in which the proposed building. has been placed by reference to the marking stakes on the applicant's lot. It shows how glaringly conspicuous such a building would be sited so close to the road, and how out of character it would be on this charming rural lane. Even though the lot is very small, a variance was required before the house could be built, there is plenty of room to place the accessory building so that it meets existing zoning code. The distance from the front of the house to the property line at the road is more than 100 ft. The applicant is in the building business, and it is clear that when he applied for the first variance, he had sufficient knowledge of the zoning requirements to plan the use of his property without the need for another variance. 'With his background it would clearly be easy for him to re-site and/or re -size the .building to fit existing code. I urge.the board to deny the application for this variance to preserve the character and property values of Pine Tree Road and the Nassau Farms subdivision. Thank you, I appreciate the opportunity to put on the record my opposition to the variance requested in Appl. No. 4356.' Thomas S Cottrell 3775 Skunk Lane Cutchogue NY 11935. 1 .9 gS pp,' 'ilua- k' -�t44,-, fyrvfPSO-� 10 September 1997 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road Southold NY 11971 Dear Members of the Board: I write to express strong objection to the variance applied for by Mr. Kosmynka (APpl. No. 4356). My wife and I own the property directly across Pine Tree Road from the lot for which the variance is requested If Mr. Kosmynka. is relieved of the builds a 24'x24' accessory buildin will bring about a most undesirable The proposed building is so large t mid -line of the lot as seen from the obtrusive structure will -certainly bi composite photograph of the prope proposed building has been placed lot. It shows how glaringly conspii road, and how out of character it w Even though the lot is very small, built, there is plenty of room to pla zoning code. The distance from tb more than 100 ft. The applicant is applied for the first variance, he ha plan the use of his property withou it would clearly be easy for him to I urge. the board to deny the applic property values of Pine Tree Road inning requirement of a front setback of 35 ft. and with only a 19' setback there will be a precedent that change to the rustic character of Pine Tree Road iat if it is placed 19' back, it will extend across the road and be an imposing, distracting sight. Such an a detriment to nearby properties. I have attached a ty in question constructed to scale in which the )y reference to the marking stakes on the applicant's uous such a building would be sited so close to the be on this charming rural lane. variance was required before the house could be ;e the accessory building so that it meets existing front of the house to the property line 'at the road is n the building business, Ted it is clear that when he 1 sufficient knowledge of the zoning requirements to the need for another variance. With his background e -site and/or re -size the building to fit existing code. t for this variance to preserve the character and the Nassau Farms subdivision. Thank you, I appreciate the opportunity to put on the record my opposition to the variance requested in Appl. No. 4356. Thomas S Cottrell 3775 Skunk Lane Cutchogue NY 11935 A)y SEP td-(2-� `I ... ...... .... ..... 14 Jll o7s 7-W ................................................................................ TRANSMISSION RESULT REPORT .................... (SEP 11`97 ` 11 23AM )................. SOUK �D TOWN HALL 516 765 1823 ................................................................................................................................................................................... (AUTO) ..................... DRTE START REMOTE TERMINAL TIME RE= MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES_ NO. SEP 11 11:21RM 516 734 7712 01'38" OK. ES 03 812 .....................................................................................................................................................................................4..•........ 0....................• E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING If SEP, till 19971 Gcc;e-a-� MY I yat4t)e c P J- WILLIAM J. FISHLINGEI Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Sirs: July 24, 1997 i AUG 2 11997 i RE: Kosmynka File i My name is William Fishlinger. I reside at 1935 Pine Tree Road, Cutchogue, New York. The location of my home is on the north side of Martin Kosmynka's property which is also the location of the area of where he is hoping to construct his garage. I am in support of this application. wjf:cornkosmynka Very truly yours, 9 O WILLIAM J. FISHLINGER, President Wright Risk Management Company 377 OAK STREET GARDEN CITY, NEW YORK 11530-6542 516-542-5900 `� � Mrs, 2110 PINE TREE ROAD, CUTCHOGUE, L. I., N. Y. � 11935 516 - PEconic 4-6183 ,Zoning Board of Southold Town January 3, 1996 Gentlemen: Re: Martin Kosmynka 1985 Pine Tree Road As a neighbor of Mr. Kosmynka, Cutchogue, NY I am writing to say that I have no objection to his building a garage on his property. The.hearing-on his appeal is set for January 10, 1996 at the evening,session. / Very truly yours, Enid M. Rothleder t�. Board of Appeals, Town of Southold Town Hall 53095 Main Road Southold -NY 1197.1 Dear Members of the Board: P.O. Box.1292 Cutchogue NY 11935 5. -January 1996 I JAN 9 I write to register my strongest objection to the variance from.the required front yard set back requested by Mr. Kosmynka to build a garage on his property on Pine Tree Rd. in Cutchogue. My wife and I own the property on the west side of Pine tree Rd. immediately across from the property for which the variance is requested. There is no evidence that a hardship is involved to site a' garage on the property while conforming to zoning requirements. Sufficient room exists on the property to build a garage with the proper set back. In fact, using the scale 1"" = 301indicated on the survey map submitted with the petition,.the free-hand sketch on the survey shows the planned garage nearly 40 ft. from the road not the 19..ft. indicated. In addition the sketch shows a structure only one half the size of the structure described in the petition.- The drawing is misleading if not deceptive and does not adequately represent the structure which would'be completely out of the character of the existing dwellings and garages�on.Pine Tree Rd. and an eyesore. There was ample opportunity to plan proper use of this undersized, non -conforming lot for the constructionof a dwelling and garage when the original variances were requested in 1992. Any hardship claimed now is self imposed and should not be grounds for.:a variance. I hope that the Board will deny it. Thank you for your attention to this matter. Sincerely, Thomas S. Cottrell \ William Peters 1600 Pinetree Rd Cutchogue, NY, 11935 - December 21, 1995 DEC Zoning Board of Appeals Town Hall -- Southold, NY, 11971 Sirs: I am writing to you on behalf of a neighbor, Martin Kosmynka, who lives diagonally across the street from me at 1985 Pinetree Rd. He and I discussed at considerable length over the past year his desire to build a garage. His lot size is such that he can't build a garage on either side of his house nor can he put it behind his house because of his proximity to Little Creek. His only alternative is to put it in front of his house. It was at my suggestion that he request a variance in set -back from the street because for him to adhere to code and place a garage with a 35 foot set -back would be aesthetically unpleasing. It would crowd the front of his house and take away a good deal of the charm of his front elevation as viewed from the street.. Mr. Kosmynka built his. house several years ago in an area which at one time was predominantly a summer community. This ambiance has changed over the years to that of a year round community. His house is very much in keeping with the present character of the community. A garage with a nineteen foot instead -of a thirty five foot set back will. in, no way change this character. I urge you to approve his variance. Sincerely, William Peters n�J i i Peter M. Walker Pine Tree Rd. Ext. Cutchogue, N. Y. 11935 August 20, 1997 Zoning Board of Appeals Southold Town Hall 53095 Main Rd. P. O. Box 1179 Southold, N. Y. 11971 To whom it may concern: ow r AUG 2, 1997 Y Re: Garage application . for Kosmynka residence. I Peter Walker, full time resident on Pine Tree Rd. in Cutchogue and President of the Nassau Farms Association am in full support of Mr. Kosmynka's application. The Kosmynka's house and landscaping are a credit to our community. I'm sure that the proposed garage will be done as tastefully. Itcrom. y, Walker r� Bt11LD: F4oaT�i A.1072E rte,¢ / /sf�✓�rU. /""�'•'�' :0�, 7"L_ ✓,t iiia i4A�+�, t>® C '� . Kis "� ' � O • ` ,LAK /,v .3 !{ 6 y� ��p O V�CJF•�C CO. f �A.t' MAP p s 4>4S77. /Ooo 98 V sECT . �� 1 .. .. `N �� sok• / • J0 p GOT 01 PDqUna t on7ed alteration or addition Certifications indicated hereon signify that this neap bearing a licansed survey was prepared in accordance with the •xisT CERTIFIED TO to a survey I and surveyor's seal is a violation of Ing Code of Practice for Land Surveys adopted S/,�/^ section. 7209, sub division 2, of the by the New York State Association of Pro ` /tom 4 Q `y New_York State Education Law fess+onal Land Surveyors. Said certilications shall N®�75•TA'` Q/!`run only to the person for whom the survey is - �•+-coliies from the original of this prepared, and on his behalf to the title company, survey map not marked with an governmental agency and lending institution /•+ �{ / original of the land surveyor's en, listed hereon, and to tete assignees of the lending _ bossed seal shall not be considered �t Institution. Certifications are not transferable to z to be a valid copy." additional insntnrtions or subsequent owners." 1 SURVEY OF LOT z/-4 e lDlo e orzZ D Buren �.aoz, Beekarau Consulting Engineers and Larul iurveyors MAP-5 Consulting Lonsultmy Engineers d+ L.tntl Surveyors :.. �•'=iL,ED MA.i¢Ga/ Z�, /93.5• .Fid- .ar• /i79, , ,:LOCAT.ED IN O,— 125 CHURCH STRFET 1001 MIDULE COUNTRY RD. ' /V .Y MALVERNE.,N,Y. 11565 RIDGE, N.Y. 11961' (5161 599.3663 (5161924.330 'PLOT. PLAN 29, /990 f.• FINAL.. LOCATION SCALE 1 IN. = QO�T .JOB NO. '.'e-.3'� I W Z J 1 io o W u. to a 1Wi, M u . t ` v too' • • S,t • 20.1 •� all ♦ cz fill Ile �6. . fit► , *V��'. ' _ \ -� i �• ��' os, %lox s+patuK c \ ♦ �;� � ,T„t , ,® v`� i, \ MR PARCEL No. !1 •j , t..:. •� ti �� . �.:� 4 �� !�®'� .+" �• SEE SEC: WM1 s '� ,-�• ,b ,� �lbs MATCN LIME �� ` • Nle E-4 7'j8-00 1 10/0000 170 I I I PROGRAM NUMIWI R(s) Article 15, Title 3; l)NYCRR 327, 328, 329: Aquatic I'estic9u+;s Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: _ Long Island Wells 1 Article 15, Title 27: Wild, Scenic and Rfxreational Dl 10 6 7 WS n K STATE DEPARTMENT OF ENVIRONMENTAL CONSEI ON v PERMIT Under the Environmental Conservation Law EFFECTIVE DATE Sept. 20, 1990 EXPIRATION DATEW Oct. 1, 1993 608: %DDRESS OFP MITTS 1800 Miele �ountry Rd., Ridge, NY 11961 Water Quality Certification --' Article 17, Titles 7, 8: LEPHONE NUMBER SPDES Article 'ti F-1 u Air Pollution Control* (� Article 23, Title 27: u Mined Land Reclamation �j Article 24: TOWN1KK37X1i I=E: UTM COORDINATES Freshwater Wetlands N—New, R—Renewal, M—Modification, C—Construct ("only), 0—Operate (`only) EFFECTIVE DATE Sept. 20, 1990 EXPIRATION DATEW Oct. 1, 1993 'ERMIT ISSUED TO Martin Kosmynka A{ticle 25: %DDRESS OFP MITTS 1800 Miele �ountry Rd., Ridge, NY 11961 Tidal Wetlands --' Article 27, Title 7; 6NYCRR 360: LEPHONE NUMBER Solid Waste Management" Article 27, Title 9; 6NYCRR 373: En–Consultants Hazardous Waste Management Article 34: Coastal Erosion Management SCTM ;' 1000-98-1-11. 1 Article 36: TOWN1KK37X1i I=E: UTM COORDINATES Floodplain Management Southold 1, 3, 17, 19, 27, 37; F71A.rticles 6NYCRR 380: Radiation Control of a 4'x40' fixed elevated (4' above grade) 'ERMIT ISSUED TO Martin Kosmynka %DDRESS OFP MITTS 1800 Miele �ountry Rd., Ridge, NY 11961 --' '�(516)283-6360 LEPHONE NUMBER \GENT FOR PERMITTEE/CONTAf'T PERSON En–Consultants JAME AND ADDRESS OF PRO)E':TIFACILITY (If different from Permittee) Pine Tree Rd., Pe.conic (on .Little Creek) SCTM ;' 1000-98-1-11. 1 OCATION OF PROJECT/FACILITt' COUNTY TOWN1KK37X1i I=E: UTM COORDINATES Peconic Suffolk Southold ')ESCRIPTION OF AUTHORIZED ACTIVITY Construction of a single family dwelling, septic system, deck, 150 cubic yards of fill. Construction of a timber dock, consisting of a 4'x40' fixed elevated (4' above grade) walk, 3'x15' hinged ramp, and Z23 6 X -6T floats secured by 4 8, diameter pilings. Project to be in accordance with attached plans last revised 9/6/90 and stamped approved 9/10/90. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. The permittee shall file in the offi( a of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intention to commence work at least 48 hours in advan,:e of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. The permitted work shall be subje't to inspection by an authorized representative of the Department of Environmen(al Conservation which may order the work suspended if the public interest so requires PL rsuant to ECL §71-0301 and SAPA §401(3). The permittee has accepted expre°sly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature, and by whomever eed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip suffered, arising out of the project described herein and has agr tion resulting from the said prof( ct. The Department reserves the rigi t to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of theproject•is exceeded or e: violation of any condition of the permit or provisions of the ECL and per regulations are found; or b) the permit was obtained by misrepresentation or failure to disclose relevent facts; or c) newly discovered informal on or significant phys°cal changes are discovered since the permit was issued. To maintain a valid permit, the oermittee must submit a renewal application, including any forms, fees or supplemintal,information, which may be required by the Department. at least 30 days prier to the expiration date of the existing permit (180 days prior for: State pollution discharge elimination systerl permits (SPDES), Solid waste management facilities per -nits (SWMF), or Hazardous waste management facilities permits (HWMF)). I This permit shall not be construe(' as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted -work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. The permittee is responsible for obtaining any other permits, approvals. lands, easements and rights-of-way which may belrequired for this project. Issuance of this permit by the Del artment does not, unless expressly provided for, modify, supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination. Any modification of this permit ;:ranted by the Department must be in writing and attached hereto nwriytA m' "ERMIT ISSUANCE DATE PERMIT ADMiWW*kRfMfi'L ADDRESSM,, glgpg, 4() ."i 6J PI !! copy 7Q� I— Robert A. Greene into>nv>ar�o>tx Id'Y0 1iggo.a `.UTHORI7_ED SIGNATURE 6% f? _ 3 Page 1 of SOUTHOLD TOWN BOARD OF APPEALS - - THURSDAY, SEPTEMBER 11;1997 NOTICE IS HEREBY GIVEN; pur- suant to Section 267. of the Town Law I _ and the Code of -the Town of Southold, the following applications will be; held forpublic hearings by ' the SOUTHOLD- TOWN BOARD OF i APPEALS, at the Southold Town Hall, j 53095 Main Road, Southold, New { York 11971, on THURSDAY, SEP- I; TEMBER 11, 1997 at the times noted below (orl•as soon thereafter as possi- ble): 6:45 p.m. Appl. •No. 4356' MAR- 1 TIN KOSMYNKA. This is an applica- tion for a Variance, based upon the Building Inspector's Action of Disapproval which states that , under Article IIIA, Section 100-30A.4 (ref: Article XXIV, Section 100-244B),' pro- -posed accessory garage will have f insufficient front yard setback. Code requirements: 35 ft. minimum front setback and three foot ' setback from side property lines for lots Having, less j than 20,000 sq. ft. in area. Location of Property: 1985 Pine. Tree Road, •,i Cutchogue, NY; Parcel #1000-98-1- 1 11.2. 6:55 p.m. Two -applications re- garding property known as'3460 Camp Mineola . Road; Mattituck;. Parcel . #1000-123-6-12.5. - A)' Appl. 'No. 4504 ELEANOR• CORWIN. This is- a re- quest for w Waiver under' Article II, Section 100-26 based upon the July 10, 1997 Notice of Disapproval by the Building Inspector issued on the fol- lowing grounds: "Section 100-24A(1) the,14,113 sq. ft. lot created by deed on August 21, 1978 does not conform to the minimum lot size, set forth in Bulk Schedule AA as of the date of lot cre- ation, the required lot size is 40,000 sq. ft: for lots created after December 2, 1971. Under Article XXIV, Section 100-244B the required lot line set back requirements are a minimum of 35 ft. front yard, 35 ft. rear yard, side yard at 10 ft. with both sides equal to 25 ft. Survey shows the proposed dwelling does not have the required front yard and rear yard lot lines setbacks." - B) Appl. No. 4505 — JOYCE " GRATTAN. This is a request for Variances under Article XXIV, Section . 100-244B, for a proposed new dwell ith reduced from yard and rear ] ,tbacks (ref: July -10, 1997 E Action of Disapproval by the Building Inspector) 7:00 p.m. Appl. No. 4503 — HAY HARBOR CLUB INC. An applica- tion for a Special' Exception 'has been filed under Article III, Section 100- 311)(7) for approval of new golf club house and related employee housing in this R-120 Zone District, located at , Oriental Avenue, Fishers Island, NY; ' Parcel #1000-9-12-8.1. 7:15: Variance applications for ELEANOR SIEVERNICH. (Continued hearing from 8/14/97). 3200- Cox Neck Road (a/k/a Mill Road), Mattituck; Parcel #1000 -113 -8 - STATE OF NI CORK) SS: F r•. of Mattituck, in said County, being duly swom, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular - 5. i ly published in said Newspaper once each week The Board -of Appeals will at said for weeks S CCe sively, ommencing on time, and place hear any and all persons �jr I or representatives desiring to.be heard the day Of in the above applications. The above ! hearings will not start before the time designated. Each file is available for review- during regular businesshours (8-4 p.m.), and written comments may be submitted before that hearing is con- cluded. If you have questions; please do not hesitate.to call 765-1809. Dated: August 19, 1997.' BY.ORDER OF THE SOUTHOLD Principal Clerk TOWN BOARD OF APPEALS 2y� -GERARD P. GOEHRINGER, Sworn to fore me this Chairman ; day Of 19_Z ` By Linda Kowalski,• 4 1109-1TAu28 - -. MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK UFFO 0. 5246552 S L COU COMMISSION EXPIRES AUGUST 31N 9 I 6 IY.L�O. ,:,:"',;',.. it .;` .. 41 f'. ar. �.',., t.r,l1 ,. ry. .y,,:;.:.A :Y•:i••S.•: .. .. i.. - •:,1,FI,K �;: , ' 1 �_I,l � • � �' � � it � -11.9 ��' �• .�1,.:� f.. �.,:. 't :�iY: :l. •! 1 (• �./y�V - /'�'"!,• .k:i' :�1':;'.f j, ,•%.. uf(.wwy• ii.iwl"i i.�. I.;F�1 .' 4 •!: �: .N,:� • 1't y r1,i � .'..�,; 4fi, ..,t,• {•��yyi'• � c ,y�. S'. tfF 'f:'i�Fr� +t c LOA•i$'''.', ` i't `j�1s. "*� 'LIi''•0•,, r•r�'i '•�:./: � l,'in •s'•:'.r--.. ' � � . >.:: is �;�;.ar •� _ � ''{,:c.; • s 'f.c 'i r' i:i' :,J,�. ..d�::,,.{t ''.fF:•. t t:;�l :.in' :��'tr `• - '.i' � �• •.I�' `�. 't •C'1f! ;r7..A �,y ) +yam ,.:�. too 08 4'x 40' ,x p ocfc 1 S0,0,0 aC cz 1 r � I�iST /000 ,S f, A -)o c O7- /1-A SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Unauihorized alteration or addition Certifications indicated hereon signify that this 3 c� to a survey Wrap hearing a licensed FOR APP%VAL Ira ON UrI,M'rip the e,,'" tD land silrvovol's seal is n violation o1 n }� i o1. rt+�icf t"r t•er}r�'' tvJs etloptad 209, sub division ?. o h '�gl e1 y1�SasidenGe tat�}`'Yialio, o1 Pro �,'"Y New Yo ' State Education aw �G .� �e Lant1 Survevors. S titi tis shall 1 -14P SE NOTE SAT rub �t for h l 'fC�opies frolrl the original 01 this prat r and on•1 s 0111 tem is not to,ve not merkedhryrbzt D rnrn nnt0 age a 1 s ' ! incl t rho land sure 66 �i``��.JJ �'1G driveway ar�t��trf al 011111 not be consioated institution. Certifications n t transferable to "er Io he a v Iiif copy. EXPIRES TWO lYfAR&fROMs TP i('PiTd1rAI SURVEY OF .LOT z/ -Q meit in accortlance with Bomrt) of Ito%imv Appr drtermination dAtFd .--� --"-'_.'. M A P O F ��'iLE.D M,4,2G�•/ z8, /93S FELE Nom• /174, m") r o V Barrett, Azisera, Beeks= ��' 111-181111,1111 , Consulting Engineers coin Lund tiurt•eprs Consulting Engineers & Land Su,tveyms LOCATED I N O+' 125 CHURCH STREET 1001 M100LE COUNTRY RD. SOc�TflOLO , SC/.�S�aLK CO.� /��.y. MALtIERNE,N•Y. 11565 RIDGE, N.Y, 11961 15161 599-3663 15161 924.3230 PLOT PLAN .J,4AA e9 /990 - LOCATION SCALE 1 IN. = QO�r' JOB NO.. K— 3782 FINAL 3�/1 3/ r. ±� WILLIAM J. FISHLINGEk . July 24, 1997 Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Sirs: AUG 2 11997 RE: Kosmynka File My name is William Fishlinger. I reside at 1935 Pine Tree Road, Cutchogue, New York. The location of my home is on the north side of Martin Kosmynka's property which is also the location of the area of where he is hoping to construct his garage. I am in support of this application. Very truly yours, WILLIAM J. FISF LINGER, President Wright Risk Management Company wjEcon :kosmynka 377 OAK STREET GARDEN CITY, NEW YORK 11530-6542 516-542-5900 Mrs.. h . Ra t4ft e& Jq -� 3 Mrs M�� I `f .S43 m 2110 PINE TREE ROAD, CUTCHOGUE, L. I., N. Y. 9 11935 516 - PEconic 46183 January 3, 1996 Zoning 'Board of Southold Town Gentlemen: Re:'Martin Kosmynka 1985 Pine Tree Road As a neighbor of Mr. Kosmynka, Cutchogue, NY I am writing to say that I have no objection to his building a garage on his property. The hearing on his appeal is set for January 10, 1996 at the evening session. Very truly ,yours, Enid M. Rothleder Peter M. Walker Pine Tree Rd. Ext. Cutchogue, N. Y. 11935 August 20, 1997 Zoning Board of Appeals Southold Town Hall 53095 Main Rd. P.O. Box 1179 Southold, N. Y. 11971 Re: Garage application for Kosmynka residence. To whom it may concern: 1 Peter Walker, full time resident on Pine Tree Rd. in Cutchogue and President of the Nassau Farms Association am in full support of Mr. Kosmynka's application. The Kosmynka's house and landscaping are a credit to our community. I'm sure that the proposed garage will be done as tastefully. V ly,. Wa ker Zoning Board of Appeals Town Hall Southold, NY, 11971 Sirs: William Peters .1600 Pinetree Rd Cutchogue, NY, 11935 December 21, 1995 llki� 2 6 Gia I am writing to you on behalf of a neighbor, Martin Kosmynka, who lives diagonally across the street from me at 1985 Pinetree Rd. He and I discussed at considerable length over the past year his desire to build a garage. His lot size is such that he can't build a garage on either side of his house nor can he put it behind his house because of his proximity to Little Creek. His only alternative is to put it in front of his house. It was at my suggestion that he request a variance in set -back from the street because for him to adhere to code and place a garage with a 35 foot set -back would be aesthetically unpleasing. It would crowd the front of his house and take away a good deal of the charm of his front elevation as viewed from the street.. Mr. Kosmynka built his house several years ago in an area which at one time was predominantly a summer community. This ambiance has changed over the years to that of a year round community. His house is very much in keeping with the present character of the community. A garage with a nineteen foot instead of a thirty five foot set back will in no way change this character. I urge you to approve his variance. Sincerely,46 QQ VW17,- William Peters 5", (FjtE�;J � t REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0090 SUBJECT: Permit No. 08GP-15643 Mr. Martin Kosmynka c/o En-Consu:!.tants , Inc. 1329 North Sna Road Southampton, New York 11968 Dear Mr. Kosmynka: March 9, 1990 we have completed our review of the above application. From th(� information submitted it appears that the proposed timber pier assembly is authorized by our General Permit for Non -Commerical Mooring Structures (NYDGP-08) a copy of which is enclosed. Your work should be performed according to the conditions of this General Permit. Additional work that is not within Department of the Army regulatory.jurisdiction includes the construction of a dwelling and sanitary system landward of the spring high tide line and existing wetlands. This additional work does not appear to include dredging or construction activities in or over any navigable waters of the United States, the }placement of any dredged or fill material in any waters of the United States (including coastal or inland wetlands) or the accomplishmeat or any, work affecting the course, location, condition or capacity of such areas. Therefore, a Department of the Army permit will not be required for this work. Please display the enclosed Notice of Authorization sign at your work site. A copy is enclosed for your records. You are required to submit to this office the dates of commencement and completion of your work. Enclosed are two postage paid postcards for you to use to submit the required dates. Notice is hereby given that the permittee should recognize that a possibility exists that the structure permitted herein may be subject to wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. J It'shovld be noted that this permit does not relieve you of the obligation to obtain any State or local approvals for your work. New York State Department of Environmental Conservation Region 1 Headquarters SUNY, Building 40, Stony Brook, NY 1M 11790-2356 (5 16) 75 1- 1389 May 30, 1990 Roy L. Haje, Pres. En -Consultants, Inc. 1329 North Sea Rd. Southampton, N.Y. 11968 RE: Permit Application #1-4738-00110/00001-0, Martin Kosmynka Dear Mr. Haje: .0 Thomas C. Jorling Commissioner A field inspection conducted by the Bureau of Marine Habitat Protection revealed a tidal wetland line significantly more landward than the one flagged by En -Consultants, Inc. The south corner of the deck and the north corner of the single family dwelling were determined to be 65' and 72' from the high marsh, respectively. Therefore, you need to resubmit plans depicting a revised tidal wetland line, with the deck and north corner of the single family dwelling moved 10' and 3' landward, respectively. Also your application remains incomplete pursuant to the Notice of Incomplete Application sent to you on March 5, 1990. I'll ask you once- gain to depict the limits of fill on your plans - and as long as you're doing that, please also indicate the limits of clearing and grading. Any fill you propose needs to be a minimum of 50' landward of the NYSDEC tidal wetland line. In the event that you will be seeking a variance from the 75' setback, please keep in mind that you must properly justify the.variance in accordance with the Tidal Wetlands Land Use Regulations. In addition a 65' setback (greater than 10% variance) would require an additional $700.00 tidal wetland fee. Thank you. JW/rw cc: M. Kosmynka G. Stadnick C. Costopoulos file 9/,Vver truly ) John Wieland Sr. Environmental Analyst APPEALS BOARD MEMBER„ - Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. XA�� S� Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD August 19, 1997 . Re: Application Pending with the Board of Appeals Dear vAqgA I Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the upcoming . issue of the Suffolk Times. As' soon as may be possible, please send a copy of this legal . notice (or similar description which confirms the hearing date, time and place and outline of your application) by certified mail -return receipt requested to all surrounding property owners, including property owners across streets or vehicular rights-of-way and those who own vacant land. Also enclosed is a sigm to be posted at the subject property within ten (10) feet from the front property line for a period of seven (7) days, or longer at your choice. Please return the following to us, together with the completed Affidavits of Mailing and Posting: a) postmarked receipts from the post office showing the date you mailed the notices by certified mail; b) green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have questions, please feel free to call. Very truly yours, inda Kowalski MaryAnn Cybulski (PT) Lucia Farrell (PT) Enclosures lnag.97/appl.new Page I of o? - Legal ice Southold Town Board of Appeals Regular Meeting of September 11, 1997 NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 11, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 11, 1997 at the .times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4356 - MARTIN KOSMYNKA. This is an application for a Variance, based upon the Building Inspector's Action of Disapproval which states that under Article IIIA, Section 100-30A.4 (ref: Article XXIV , Section 100-244B) , proposed accessory garage will have insufficient front yard setback. Code requirements: 35 ft. minimum front setback and three foot setback from side property lines for lots having less than 201000 sq. ft. in area. Location of Property: 1985 Pine Tree Road, Cutchogue, . NY; Parcel #1000-98-1-11.2. 6:55 p.m. Two applications regarding' property known as 3460 Camp Mineola Road, Mattituck; Parcel #1000-123-6-12.5. A) Appl. No. 4501 - ELEANOR CORWIN. This is a request for a Waiver under Article II, Section 100-26 based upon the July 10, 1997 Notice of Disapproval by the Building Inspector issued on the following grounds: "Section 100-24A(1) the 14,113 sq. ft. lot created by deed on August 21, 1978 does not conform to the minimum lot size set forth in Page A of Legal _ . _ tice Southold Town Board of Appeals Regular Meeting of September 11, 1997 Bulk Schedule AA as of the date of lot creation, the required lot size is 40,000 sq. ft. for lots created after December 2, 1971. Under Article XXIV, Section 100-244B the required lot line set back requirements are a minimum of 35 ft. front yard, 35 ft. rear yard, side yard at 10 ft. with both sides equal to 25 ft. Survey shows the proposed dwelling does not have the required front yard and rear yard lot lines setbacks." B) Appl. No. 4505 - JOYCE GRATTAN_ This is a request for Variances under Article XXIV, Section 100-244B, for a proposed new dwelling with reduced front yard and rear yard setbacks (ref: July 10, 1997 Action of Disapproval by the Building Inspector. 7:00 p.m. App l . No. 4503 - HAY HARBOR CLUB INC- An application for a Special Exception has been filed under Article III, Section 100-31B(7) for approval of new golf club house and related employee housing in this R.-120 Zone District, located at Oriental Avenue, Fishers Island, NY; Parcel #1000-9-12-8.1. 7:15 p.m. Variance application for ELEANOR SIEVERNICH. (Continued hearing from 8/14/97). 3200 Cox Neck Road (a/k/a Mill Road), Mattituck; Parcel #1000-113-8-5. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the. above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.), and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: August 19, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski 061 O BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of (Name of Applicants) AFFIDAVIT ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, , residing at New York, being duly sworn, depose and say that: 1) On the � I day of t9u6- , 193 1, I personally mailed, by certified mail, return receipt requested,_ a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Address _ %MAa'iling /-4 - - Itp/!, b7 /� //) r V T G 2) On the )-'I day of /U(_ ) 199 7, I ersonally posted the propgr y identifiecl as District 1000, Section , Block, Lot by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing ( date of hearing noted the eon to be held 199 )• ��'�" Sworn to before me this oZ (,Qi�,—day of W No ublic (signatu e) JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk Counjy Term Expires June 1Z I9 (Please return to the office of the Board of Appeals when completed. Thank-. you..) § 58-1 NOTICE OF PUBLIC Chapter 58 NOTICE OF PUBLIC § 58-1. Providing notice of public [HISTORY- Adopted by the Town Board Southold 12-27-1995 as L.L. No. 25-199 noted where applicable.] § 58-1. Providing notice of public Whenever the Code calls for a public hear shall apply. Upon determining that an apolica the board or commission reviewing the same) and place for a public hearing thereon. The boar reviewing an application shall provide for the I. Z 392 185 504 US Postal Service O Receipt for Certified mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to� St at & Number Frost Office, State, & ZIP Code rJtc V,&'- Postage $ Certified Fee 13 Special Delivery Fee Restricted D N I Retu ` . l G elivered -N Q Re m Recd4pt Showing to Whom, < D e,&AcWrPweskX4drqss 0 ost T TAL age ee7 s _L - EPo ark Date (/SPS 1193 a A. By causing a notice giving the time, `date, pFace ani nature of the hearing to be published in the official newspaper within the period prescribed by law. 0 §5 By requiring the applicant 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 abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back, Rqt, - ;ENDER: ■Complete Items 1 nd and 4b. the ■ Complete items 3, this form so that we can ■ Print your name and address on the reverse oreturn ih s r on he back f space does not card to you. IBce, ■Attach this form to the front of the mailp permit. ■ Write'Aeturn Receipt Requested' on the mast i i le below the article number. ■The Return Receipt will show to whom the article was delivered and the data delivered. 4a. Article the I slaw ng servicesl followingve an extra fee)' 1. ❑ Addressee's Address 2. ❑ Restricted Delivery d nr,ctmaster for fee. P 811, ecember1994 S F m a�AflC31.rVYi�ciRCt addressee Lo the owners at the addresses listed fort ern on the local assessment roll. The applicant or agent shall file an affidavit that slue has complied with this provision. July 24, 1997 Martin T. Kosmynka 1985 Pine Tree Dr. Cutchogue, N. Y. 11935 D 11-5, ('�� M 0 W [S � 2 8 JUL !1999j7,D Southold Town Zoning Board of Appeals P.O. Box 1179,53095 Main Rd. Southold, N.Y. 11971 Att: Linda Kowalski Dear Ms. Kowalski, Re: Kosmynka application Due to medical reasons, I would like to reschedule the hearing date for my garage variance to September 11, 1997. Thank you for your cooperation. Sincerely, Martin T. Kosmynka� NOTICE OF. HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. DATE OF PUBLIC HEARING: SEpT il, /y97 I ; QP Mo If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS • TOWN OF SOUTHOLD 9 (516) 765-1809 SOUTHOLD TOWN BOARD OFAPPEAI _THURSDAY, AUGUST 1 NOTICE IS HEREBY GIVEN, pur- suant to' Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD' TOWN BOARD OFAPPEALS, at the Southold Town Hall, 53095 Main Road, Southold, 'New York -'11971,'.. ' 11971, on THURSDAY, AUGUST 14,_1997 -at ...,tile, time noted below. (oras soon there- after as possible): - . 6:45 p.m:: • Appl.. •No; _4497; -- NOREEN TOSCANO..This.applica- tion'is"a'-request fora Variance, based* uponthe Building Inspector's Ame,.20, •„ •1997-.;Actionof . Disapproval' which states that•underArtide )W ,:Secdo = 100.24413, --Article Mk_&Won•_100- 30A3; the rear yard setback on a lot in an R-40 Zone with less than 2,000 s4. _ J fi:sliall be.35.feeYand.the;decJrwn struction'exeeeds allowable lot'cover- age. L4:rationofPmperiy5225Peoonie STATE Bay.:Boulevard, Laurel; "0000-128 OF NEW YORK) ) SS: 6*O'P.m.'APPL-.No.4356-_•MAS C TY OF SUFF ) OS CA •This appliption is a request ora atianp n Ce; based upon the ; G Of MattitnCk, in Buildin j-,-rInspector's ' =Aviion'= of Disapproval "which,stain= than under said County, being duly sworn, says that he/she -' Article11I.A,- Section'. IM30A.4 (ref: - ArticleIXXIV; Section :100-244Bj:pm- is Principal Clerk of THE SUFFOLK TIMES, a posed accessorYprmdp." haveinsuf- Weekly Newspaper, published at Mattituck, in ficienhfront yard setback Code require- merits: 35 ft minimum front setback and. the Town of Southold, County of Suffolk and ree- thfoot. setbavk"'from -gdb ppm' lines for lots having less than 20,0W sq._ State of New York, and that the Notice of which R in-area.-Locadon of pwpedyc 1985 -- - the annexed is a printed copy, has been regular - Fine Tree Road' Cutchogue„NY, Parcel ff1000.98=1-112 :: - • :: i.{ :, •: -.• -�:^= ' - ly published in - . 7:10... P.m;: Appl ,No: `4068 = , a, - for wee ELEANOR: =VERNICW. Upland has a lot:.' area of approximately "13,41)0 sq :- fr. and . . = ten comments -may be submitted before.. area. is less than 80,000 sq.: ft per: lot;. - the da Article X=Section,. 100.239; Article . 765-1809: _ Dated`July 23,1997. III, Section 100-32in this proposed two. ._ lot s"v.ision at:3200 Cox NeckRoad, - BY ORDER OFTHE SOUTHOLD hfattituck 1000-113-8-5. Total acreage TOWN BOARD OFAPPEALS 3.5±%' acres:: Zone"-. District: _-R-80 GERARD P. GOEHRINGER, Residential.- - 7:25 p.rii.. Applications 4485-V Q r; and _ 4486 -SE::::: -JjdkMC/NYNEX :' b . y:.:. Richard- t -- --`" We hreter.• .' Y . Loiation •of; Property: 425 • 1 Westphalia Avenue;, Matdturle-.. ' _ - said Newspaper, once each week ks sun cessively, Ommencing on y of 19� Principal Clerk County- Parcel--No.-:1000=i41-3-34'.-..; Sworn to before me this Applicant is requesting:'(1) special . ' day of 6& . I..,,--Excepgonliinder Article %N Section ll- The me of A' � '00=141: (100-31B-6) for placement of a PPS wr71 iii -said new•towerand building for public utin. ; tine and Place, hear any and all persons , 1, Q-ir s� tv cellular transmissio or representaties desirin to be h MARY DIANA FOSTER n servrco, and (b) the above.appliptions.:The above- hear- -: Inspector's:ecApril 29-19 7 pion- of . `ings will not start before"the time desig- Disapproval,.which29ates that. .::•this; lot's in an LI Zone District and nated. Each; file is available for review during regular business hours„ writ- has a lot:.' area of approximately "13,41)0 sq :- fr. and . . = ten comments -may be submitted before.. , . Presently there is -an existing principal ' use of existing building, The . that hang is concludt L- If yon: have . . q�0°s. Please do not hesitate to call- ' construction and -additional. use wOu�ld ; require a total lot area of 80,000 . 765-1809: _ Dated`July 23,1997. sq: ft. in an 11 Zone. The Proposed construction - ._ is required'to be set back a minimum of - BY ORDER OFTHE SOUTHOLD 70 feet from the rear yard and 20 feet TOWN BOARD OFAPPEALS from all other lot lines.. Zoning'- GERARD P. GOEHRINGER, Ordinance, Article XIV, Section. 100- -Chairman.-. 142 Bulls Area and Parking Regulations.:. y By Linda Kowalski Owner. Adrienne M. Rehm. - - i 1081-1TJv31. NOTARY PUBLIC STATE Of NEW 7Y"R NO. 52-4655242, SUFFOLK C10UNI, � COMMISSION EXPIRES AUGUSI __r q 7 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Osterinann Re: nd plication Dear BOARD OF APPEALS TOWN OF SOUTHOLD July 22, 1997 - �LE.1LLrLGC'�• Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the Le al Notice which has been forwarded by our office to the Suffolk Times for publication in the next issue. At this time, please send a copy of the notice with the hearing date, time and place and description of your application by certified mail -return receipt requested, to all surrounding property owners, including property owners across any street or vehicular right-of-way. Also enclosed is a sign to be posted at the subject property at or within 10 feet of the front property line (facing the road entrance) for a period of seven (7) days, or longer at your choice. The sign must face the traveled road or town street (or if you are on a private right-of-way, face the traveled portion of the right-of-way where your driveway entrance is located.) After the above has been done, please sign the enclosed Affidavit of Posting and Mailing before a notary public and return it to our office (not later than the hearing time) , and attach the following: a) postmarked receipts from the post office showing the date you mailed the notices by certified mail; b) green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have questions, please feel free to call. Very truly yours, Kowalski Enclosures 1nag.97/1etter APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio Jr. �/db��t/� Ria Lydia A. Tortora Maureen C. Ostermann From: ZBA Office o�oSOFFoc,r�o o� y:�c G _ X41- BOARD OF APPEALS TOWN OF SOUTHOLD June 11, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Update Since 6/5/97 1000-98-1-11.2 Martin Kosmynka Application Carryover (Garage) 1985 Pine Tree Road, Cutchogue Mr. Kosmynka has requested an August 1997 hearing in order that he may try to contact a neighbor who is away at this time, however, members may visit the staked area of the proposed garage any time. ZBA Office has asked that lie confirm the August hearing by letter. Mr. Kosmynka sends thanks to the board for placing this back on the calendar and agreed to send a letter. cc: ZBA Members Original to Kosmynka File I APP ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Mr. and Mrs. Martin Kosmynka 1985 Pine Tree Road Cutchogue, NY 11935 BOARD OF APPEALS TOWN OF SOUTHOLD May 9, 1996 Re: Appl . No. 4356 - Variance for Garage Location Dear Mr. and Mrs. Kosmynka : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 As you will recall, the public hearing held on February 7, 1996 has been postponed and since that time, the file has been inactive. In order to reactivate this variance application and advertise a reconvening of the hearing, we will need the following: (a) confirmation from you as to the location (or alternatives, if any) of where you would be able to locate the garage, and new map if different than the. location map on file; (b) re -notice by certified mail to all adjoining landowners and those landowners located across the street (new law effective 12/95) showing the update of your application with updated map and giving notice as to the approximate date of the hearing; (c) posting of a sign at your property; after you have completed items (a) and (b), above, we will furnish a poster sign. For your file we enclose a copy of letter dated March 5, 1996 from Thomas R. LeViness indicating the current mail addresses which apparently are being requested for use by the neighbors. If you have any questions regarding the procedures, please do not hesitate to call our office. Very truly yours, Linda Kowalski cc: ZBA Chairman and Members &�/ f4€ d ry-Q 'LA— APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora 'Mr. Thomas R. LeViness 2015 Pine Tree Road Cutchogue, NY 11935 BOARD OF APPEALS TOWN OF SOUTHOLD May 9, 1996 Re: Record Notice Address on Tax Rolls - 98-1-12 Dear Mr. LeViness: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 You may recall back in February that you called to inquire on the Martin Kosmynka variance application. At that time we confirmed that the hearing would be postponed, which it was. All neighbor notifications will be re -sent by the property owner when they reactivate their application and hearing request for the variance (expected sometime after June 1996) . When we spoke in February, you indicated that the address the notification was sent to was an old NYC address, and I asked that you contact the Assessor's Office to update your mailing address . Since the town's record still shows the old NYC address, it is requested that you have the town record updated with the new mailing address for future notices of any type since that it is the address required by Town Code to be used. A change of address form is attached for your convenience. Very truly yours, Linda Kowalski Enclosure Print Key Output Page 1 5738SS1 V2R3M0 931217 SOUTHOLD 05/09/96 12:48:19 Display Device . . . . . . DSP15 User . . . . . . . . . . . LINDAK NYSRPS ASSESSMENT INQUIRY DATE 5/09/96 473889 SOUTHOLD SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS SEASONAL RES TOTAL RES SITE 98.-1-12 TOTAL COM SITE 2015 PINE TREE RD ACCT NO 13 = OWNER & MAILING INFO===I=MISC J________ ______ ASSESSMENT DATA LEVINESS THOMAS R IRS -SS I **CURRENT** RES PERCENT 420E 80TH ST 1 1 BLAND 1,200 **TAXABLE** NEW YORK NY 10028 1 BANK ITOTAL 4,600 COUNTY 4,600 0165201 **PRIOR** TOWN 4,600 BLAND 1,200 SCHOOL 4,600 NOTAL 4,600 ==DIMENSIONS SALES INFORMATION ACRES .81 IBOOK 6 SALE DATE 00/00/00 PAGE 00131 PR OWNER __=====TOTAL EXEMPTIONS 0TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD029 IPK090 IWW020 ISWO11 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-013 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU Board of Appeals Town of Southold Thomas R. Le Viness 2015 Pine Tree Road Cutchogue, New York 11935 516 734-5038 Main Road Southold, New York 11971 Dear Gentlemen: March 5, 1996 Via Fax and Mail Re: Variance Application of M. Kosmynka I live immediately next to the above referenced applicant who has previously applied for a variance to build a garage on his property. My neighbor, Thomas Cottrell, M. D. appeared at the last two hearings. We both intended to appear at the March 6, 1996 adjourned hearing, but Dr. Cottrell has been informed by one of your staff members that the application has been withdrawn. Y I am writing to confirm the application has ,indeed, been withdrawn; if this is not a fact, please call me collect at my office (212 759-7100) to give me and Dr. Cottrell an opportunity to appear at the hearing. v • �'�k,o� May I also assume that if the application is renewed that the applicant will be � . ,( ,�J'' L��r Y Pp pp (,40° 14� -,n� required to notify adjacent neighbors by mail? If this is a prerequisite to a reapplication, please do not feel it is necessary to reply. In his initial application, Mr. Kosmnynka mailed the required notice to a twelve year old address of mine in New York City ( though he did otherwise provide me with notice). For the record ,as I am sending a copy of this letter to the applicant, my address and legal residence is: 2015 Pine Tree Road Cutchogue, N.Y. 11935 The notice sent to his immediate neighbor to the north was also sent to an incorrect address. That correct address is: Mr. and Mrs. William Fishfinger 9 Madonia Court Manhasset, N. Y. 11030 Given the appearance of Dr. Cottrell who owns a home directly across the street from the Kosmynka house, I feel it would be appropriate for Mr. Kosmynka to send a notice to him at Dr. Cottrell's residence in Cutchogue which is: Dr. and Mrs. Thomas Cottrell P.O Box 1292 Skunk Lane Cuthcogue, N.Y. 11935 Thank you for your consideration of this letter and more importantly your distinct interest and clear impartiality you have shown in the prior hearings. I know how busy you are, again if the application is withdrawn, please do no take the time to reply. Respectfully �46%*-A&A Thomas R. Le Viness cc:Mr. Martin Kosmynka Mr. William Fishlinger Dr. Thomas Cottrell TRL/tv trl. cutch f7 (`7 1 - �L. �/. aF (H�/ f/i6N �✓�-rcQ /� i�/GL �F%� +G�?�.C��., ' '' ��5�.`3 �� Ute. � •' ' D vc�c � '\I / 1L I� � � „• 51 72� v ASK 4, ! I PAW--' �I% 41l '7 �.$7, J . • .:SEE SHEE7" �rr�Z ',�,_ � (,._J- ; ' 0!�- � - 0 ' . � �� Salt✓- �C- 5:= 12 c:T: �•B� / .B ti2.o� _ . -. • N (• 3 ( 8 v.,—. \J PR✓�� FOMo.v •. c 7.f✓E O � a /s o T• / 00 _ ARE = /moo, 30� Z • - ( agUnauthorized alteration or addition Certrficatinns indicated hereon signify that this I _ - to a survey n�an bearing a licensed survey was Vrepared in accordance with -the exist 'CERTIFIED TO land surveyor's seal is a v,olatron of Ing Cmie of Practice for Land•Surveys adopted section 7209_ sub division 2, of the by the Nevv York State Association of Pro •',SCTIC New York State Education Law fessional Land Surveyors. Said certifications shall -T L? �c• run only to the person for whom the survey is , "Copies front the original of this prepared. and on his behalf to' the title company; A �� _ ,I �O� L_„f vNKA survey ntaV not n�erl:ed with an gooernmental agency and lending'„i a loritlon original of rhe land. surveyor.'s ern listed hereon, and to the assign98iOf.the Ipf)ding Dossed seat shall not he considered Institution. Certifications are.n0( trans}rahl@•t0. _ d • to be a valhi Copy',” additional institutions or subsequent owners... :•, i " "SURVEY OF LOT Bar rett,`><sera, Beckmu • ' Cunsuhing Engineers and Larul tiuri�yr>r s ',:'!OAP OF //�� -S C/ Consulting Engineers & Land Survel•r)rs ' C.¢'iG-ED M.4.QG•y Z�� /9.35•. FiG,E ,w• /i79> : " '. ' ;;LOCATED IN �EC-O/��C, Towiv O� 125CHURCHSTREET 1001 MIDDLECOUNT.R'YRD.. SO!/THOC.D'�' Sl/.c^C CO.� /v •Y MALvEHNF'.,N,Y. 11565 RIDGE, N;Y: 1;.196 .c4Gf1' (5161 599.3663 1516) 924.3230 ` PL:OT.I'LAN J.4%V e9,19,90 , LOCATION SCALE 1 IN. 4•o JOB HO. Agay. .1 TI S: 3/ea/.. 7a v. l`. ' UIL IJER'S NO. GoT it/% ZZ THE THE EXISTENCE OF RIGHT OF WAYS AND OR/EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. W 0 E CREEK ..r AT6/Q BZ•p!l Z�o39 N gOa : 2 nd .STY PEC K OVER /se STY. DECK STEP '0 i4 0 ,o I DECK Z SToRy FR.ArrE R.0 � KI` %_- STEP r u E-5,q.co 2 aet so o. G . Sym i oso. G0T A/ -fel o3 . 7R E P �,3•G CERTIFIED TO: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT' BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE. SURVEY OF: 607-/1sZ!1A 6' �/oe-' ' zz �f SEW YOR,r BECk� it ccLu f 0 <. s i \</ No. Q9 IC6NSED `PN MAP O F: A/AS.SA v �F/L60� /`LIAR• ZB, /733 Fid r[SEP SITUATED IN:TOWN OF:.50c rr11oc.d � SUFFOLK COUNTY, NEW YORK juh.DYrI aS rn r, DA E: //3o/9Z JO=B N O. Bz - / 7 / �G DIST. SEC. BLK LOT S.C.T.M. NO. /000 98 / //Z Co�✓c. ,yON. SG7/G NOS S71AR BANK MART/N KoSMy/VECA THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES SIGNED KENNETH H. BECKMAN, L.S. Surveying and Land Planning 4 Niewo o d Drive Ridge, New York 11961 (516) 924-3756 qj .; F/NAL SURVEY, 6145190 /aDOEO SM/• � N/EGL foc . Fouvo. Goc . z�zo/9Z B2 -/6 � BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application Of CHRISTINE D. KOSMYNKA ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I �j�9 /Iv�J'i"'y/�-l'�� , residing at / % / / 1✓� being duly sworn, depose and say: That on the � ) day of PeC , 1995, I personally posted the property known as 111985 Pine Tree Road, Cutchogue" by placing the Town's official poster Notice within 10 feet of the front property line facing the street where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing ( date of hearing noted thereon to be held January 10, 1996.) Dated: �- -� I, 1996. O�V,14— "(signature) Sworn to before me this c y 02, / day of January, 4=996. Notary Public LINDA J. COOPER Notary Public, State of Now York No. 4822563, Suffolk County Term Expires ©ecemlor 31,13 161 Southold Town Board of Appeals a-30- December. 22,.1977- THE 2,1977THE CHAIRMAN: You thank 5' would be better there or would that bother you: WILLIAM JACOBS: It would block the. house too much. I'd rather be on 3' there if that's all right. THE CHAIRMAN: The lot is narrow. WILLIAM JACOBS: There's too much to take down and it would be blocking the house. THE CHAIRMAN: Anyone wish to speak against (.There was no response.) - this application?. After.investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in front yard area, east side Nassau Point Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED, JoAnn Talbot, Nassau Point Road, Cutchogue, New. York, be .GRANTED permission to construct accessory building in front yard area, Lot 12, Map of Nassau Point Properties, Cutchogue, New York, as applied for, subject to the following condition: The garage to be constructed shall be at least-3'.from the northerly line and at least 100' from Nassau Point Road. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2370 - 9:30 P.M. (E.S.T.) upon application of Edward and Kathryn Robedee, 1935 Pine Tree Road, Cutchogue, New York for a variance in'accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and C area. Location of property: east side Pine Tree Road, Cutchogue, Southold Town Board of Appeals -31- December 22, 1977 New York; Lot 21A and part of lot 22, Map of Nassau Farms, Cutchogue, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: John LeViness; Allen T. Schwab. Fee paid - $15.00. - THE CHAIRMAN: The blueprint which was submitted with this application is'by Van Tuyl surveyed March 20, 1973. The property is on Pine Tree Road and somewhere I have a note here that this. is about 52,000 sq. ft., is that. correct? EDWARD ROBEDEE: No, that would be 17,000 sq. ft. THE CHAIRMAN: No, the whole property. EDWARD ROBEDEE:' It's 1.59 acres. THE CHAIRMAN: 69,260 sq. ft., that's larger than we thought it was. EDWARD ROBEDEE: It's approximately an acre and a half, plus. An acre and a half would be 66, right? THE CHAIRMAN: Yes, it's approximately 69,000 sq. ft. The proposal here is to separate 17,000. sq. ft. on the southerly side of this property leaving approximately 52,000 sq. ft. The reason why, as we looked at it, as we were told by the Building -Inspector, that this is held to 17,000 sq. ft. is you're trying to stay away from the blacktop driveway, ,is that correct?... EDWARD ROBEDEE: Yes. There's.one other reason, too,'if I may explain it. The former owners spent an awful lot of money in shrubs and stuff around the driveway that we now have to take care of. By cutting it off as we have, they will have the shrubs so we'll.have the protection. THE CHAIRMAN: I don't think it makes any difference whether you have half the property or a third of it or two thirds or what. Anyone else wish.:to speak for this application? Anyone wish to speak against.this application? (There was no response.) After investigation and inspection, the Board finds that the applicant *requests permission to divide property with in- sufficient width and area, east side Pine Tree Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the.applicant.. 0 Southold Town Board of Appeals -32- December 22, 1977 The Board firnls-that strict application of the Ordinance c� would produce practical.difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit -of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Edward and Kathryn Robedee, 1935 Pine Tree Road,.. Cutchogue, New York, be GRANTED permission to divide property with insufficient width and area, east side Pine Tree Road, ' . Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2373 - 9:40 P.M. (E.S.T.) upon application of John Xikis, 32-55 Steinway Street, Astoria, New York for a special exception in accordance with.the Zoning Ordinance, Article 'VI, Section 100-60 B 1(b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenport, New York, bounded on the north by CR27; east by J. Poliwoda; south by.L. Hodor; west by Cornell, Caiola, and Papantoniou. The Chairman opened the hearing by reading the application for a 'special exception, legal notice of hearing, affidavits attesting to its publication in the official newspaper, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: John Poliwoda; Lewis Hodor; Peter Papantoniou; A..Caiola; Joseph C. Cornell. Fee paid -.$15.00. THE CHAIRMAN: You put that legal description in there, shouldn't there be something else in the.application describing what you want to do? RUDOLPH BRUER, ESQ.: I think it's pretty well stated in that, we want to make a motel and a restaurant. The Ordinance,.it's zoned for Light Business, the Ordinance provides that we can have a motel with a special exception from the Board of Appeals. We are asking for that special exception. I think the ... THE CHAIRMAN: Would this.be a combination restaurant with the motel or would it be a separate restaurant and motel or some other configuration? C was al BOARD OF APPEALS to corn less th TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the code of the Town of Southold, , that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF AP- PEALS, at the Southold Town Hall, 53095 Main- Road, Southold, New York 11971, on' WEDNESDAY, FEBRU- ARY 7,1996, commencing at the times specified below: 7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA. This is a re- quest e-quest based upon the Decem- ber 6, 1995 Notice of Disap- proval issued by the Building Inspector, in which applicant was, denied a building permit to construct an accessory ga- rage building in the required front yard at less than 35 feet at 1985 Pine .Tree Road, Cutchogue; Parcel #1000-98-1- 11.2. This parcel consists of a size under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carry-over from°1/10/96 to con- sider alternative locations.) 7:33 p.m. Appl. #4358 - ROBERT E. GREEN. This is . 'an appeal based upon the No -L' vember 21, 1995 Notice of Dig - approval from the Building In- spector in which applicant ap- plied for a building permit for the "existing deck" and was de- nied under Article IIIA, Sec- tion 100-30A.3 of the Zoning i Code due to insufficient side yard setback and insufficient total side yards at less than the required 35 feet. Subject pre- mises contains a 38,900± square feet in lot area located i in the R-40 Low -Density Resi- dential Zone. Location of Prop- erty: 790 North Sea Drive, Southold, NY; Parcel ID #1000-54-5-14. 7:35 p.m. Appl. #4360 - PAT J. IAVARONE. This is a request, based upon the Janu- ary 18, 1996.Notice ofDisap- proval issued by the Building Inspector, in which applican as building permit I __t a porch addition at an the required minimum 15 ft. side yard, Article XXIV, Section 100-244B of the Zon- ing Code. Location of Property: . 996 West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists of noncon-, forming lot area of 34,000± sq. ft. 7:40 p.m. Appl. #4361 -ES- TATE OF MARY ANNA MUIR/SUSAN PARK UTZ. This is a request, based upon the January 24, 1996 Notice A , Disapproval issued by the Building Inspector, in which applicant was denied a build- ing permit to construct a single- family dwelling at less than the required rear yard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning Code. This parcel consists of a non- conforming lot area of 12,318 sq. ft. and is located at 295 Youngs Road, Orient, NY; Par- cel ID #1000-18-1-12. 7:45 p.m. Appl. #4359-, EDWARD E. WILLIAMS. This is an application based upon the December 27, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant has applied. for a building permit to con- struct a single-family dwelling and was denied due to insuffi- cient -front yard setback from an abutting right-of-way/prop- erty line, Article XXIV, Sec- tion 100-244B. This parcel contains a total lot area of 54,887 sq. ft located in an R- 80 Residential Zone District, at 16315 Main Road, East Marion, NY: Parcel ID #1000- 23-1-12'.1. 7:50 p.m. Appl. No. 4362- LEWIS B. SHANKS. This is a request for i the grant of a waiver as provided by Article II, Section 100-26 in this merger of land as determined in the January 22, 1996 Notice�lp of Disapproval issued by the Building Inspector, concerning a vacant parcel of land of '+ 11,250 sq. ft., which land has . been held in common owner- ship with adjacent land during a period of time commencing July 1,1983. The subject land is referred to as Lot 77 on the map of Founders Estates, and the land adjacent thereto is re- ferred to as Lot 761 ,ontain- ing less than 20, vv-b1q. 'ft in area. Street Address: 450 and 350 Old Shipyard Road, Southold, NY; County Tax Map Parcel No. 1000-64-2-47 (and Parcel 10000-64-2-48 transferred by deed on 6/7/90 from Shanks to Chairamonte) Zone District: R-40 Residen- tial. 7:55 p.m.-Appl. No, 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon two Notices of Disapproval, the grounds for which read as fol- lows: A.2 Boat House, B.1, Lane Lodge', 131-.1 Garage, B.2 MacKay Cottage, C.1 Recre� ation Building; E.4 Garage with staff quarters, B1.2 Mechani- cal Services Building and B2.1 MacKay, Garage: will exceed 18' height limitation -for acces- sory structures, Article III, Sec- tion 100-33A. E.1 Family Vacation Home/ !bo exceeds height limitation of 35 ft. as stated in the Bulk Sched- ule for an R-400 Zone (as prin- cipal building). hearings will riot start before the times designated,'and are in addition to other hearings. It is recommended that the file(s)/ be reviewed before the sched- uled date of the hearing for up- dates or new information. If you have questions, please also do not hesitate to call 765- 1809. Dated: January 26, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIR- MAN By Linda Kowalski 1 X-2/1/96 E.1 Family Vacation Home, B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, C.7 Caretaker Cottage, EA Garage with staff quarters: One Fam- ily Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by Zon- ing Board of Appeals... All accessory buildings which will contain living quar- ters and/or exceed 19 ft. height limitation also will be consid- ered for variances. (Approvals . required by the Zoning Board. of Appeals before building per- mits may be granted.) Location of Property: Rob- ins Island, near North Race, Great Peconic Bay, Town of Southold, NY; Parcel #1000- 134-3-5, containing 434± acres. The Board of Appeals will at said time and place hear any and all persons or representa- tives desiring to be heard in the above application§. Written comments may also be submit- ted prior to the conclusion of, the subject hearing_The above + 0 I COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is the Editor, of the TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler -Watchman once each�week for ........................................................................ wks successively, comm ncing on the ..... .......... dayof..................?fl'...................,19. �. C Sworn to before this .......f.. ................ day of ............... .. `:�`:... ..... ............. ................... vi�--�-.... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of N;ew York No. 180946 Qualified in Suffolk Cougty Commission Expires 8 i q6 D�@L9 FEB 51M �l January 25, 1996 Mr. and Mrs. Martin Kosmynka 1985 Pine Tree Road Cutchogue, NY 11935 Re: Appl. #4356 - Variance for Garage Location Dear Mr. and Mrs. Kosmynka : This will confirm that the public hearing on your application will continue at 7:30 p.m. on Wednesday, February 7, 1996. It is expected that Board Member Bob Villa will be returning from a recent trip before the end of January. If you additional time (or want to postpone the hearing until March), please let us know. Very truly yours, Linda Kowalski Enclosure (Legal Notice) G. ., .;;.# BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 7, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA.- This is a request based upon the December 6, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct an accessory garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel #1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carryover from 1/10/96 to consider alternative locations.) 7:33 p.m. Appl. #4358 - ROBERT E. GREEN. This is an appeal based upon the November 21, 1995 Notice of Disapproval from the Building Inspector in which applicant applied for a building permit for the "existing deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning Code due to insufficient side yard setback and insufficient total side yards at less than the required 35 feet. Subject premises contains a 38,900+ - square feet in lot area located in the R-40 Low -Density Residential Zone. ,dfFO(,�c®� APPEALS BOARD MEMBERS ®0� 0 1 Southold Town Hall Gerard P. Goehringer, Chairman r -Z, 53095 Main Road Serge Doyen, Jr. y ® �� Ol P.O. Box 1179 James Dinizio, Jr. �0� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 7, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA.- This is a request based upon the December 6, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct an accessory garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel #1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carryover from 1/10/96 to consider alternative locations.) 7:33 p.m. Appl. #4358 - ROBERT E. GREEN. This is an appeal based upon the November 21, 1995 Notice of Disapproval from the Building Inspector in which applicant applied for a building permit for the "existing deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning Code due to insufficient side yard setback and insufficient total side yards at less than the required 35 feet. Subject premises contains a 38,900+ - square feet in lot area located in the R-40 Low -Density Residential Zone. jiz�• i Page 2 - Legal Notice Regular. Meeting of February 7, 1996 Southold Town Board of Appeals Location of Property: 790 North Sea Drive, Southold, NY; Parcel ID #1000-54-5-14. 7:35 p.m. Appl. #4360 - PAT J. IAVARONE. This is a request, based upon the January 18, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a porch addition at less than the required minimum 15 ft. side yard, Article XXIV, Section 100-244B of the Zoning Code. Location of Property: 996 West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists of nonconforming lot area of 34,000+- sq. ft. 7:40 p.m. Appl. #4361 - ESTATE OF MARY ANNA MUIR/SUSAN PARK UTZ. This is a requested, based upon the January 24, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a single-family dwelling at less than the required rearyard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning Code. This parcel consists of a nonconforming lot area of 12,318 sq. ft. and is located at 295 Youngs Road, Orient, NY; Parcel ID #1000-18-1-12. 7:45 p.m. Appl. #4359. - EDWARD E. WILLIAMS. This is an application based upon the December 27, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant has applied for a building permit to construct a single-family dwelling and was denied due to insufficient front yard setback from an abutting right-of-way/property line, Article XXIV, Section 100-244B. This parcel contains a total lot area of 54,887 sq. ft. located in an R-80 Residential Zone District, at 16315 Main Road, East Marion, NY; Parcel ID #1000-23-1-12.1. 7:50 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon two Notices of Disapproval ( dated October 31, Q- .' +4 Page 3 - Legal Notice Regular Meeting of February 7, 1996 Southold Town Board of Appeals 1995 and January 2, 1996) by the Building Inspector, the grounds for which read as follows: A.2 Boat House, B1.1 Garage, C.1 Recreation Building, E.4 Garage-,' with staff quarters: all exceed 18' height limitation for accessory structures, Article III, Section 100-33A. E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building). E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals... C4 (C4.1) Agricultural Compound. Under Article III - one -family dwelling not to exceed one dwelling on each lot. B1.2 Mechanical .Services Building and,B2.1 MacKay Garage proposed to be in excess of the 18 ft. height limitation for as accessory structures, Article III, Section 100-33A. All accessory buildings which will contain living quarters and/or exceed 18 ft. height limitation also will be considered for variances. (Approvals required by the Zoning Board of Appeals before building permits may be granted.) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+ - acres. Page 4 - Legal Notice Regular Meeting of February 7, 1996 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file (s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: January 26, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Le al -Notices fOTICE OF HEARINGS N TICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applica- tions will be held for public hearings - before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, :53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 10,1996, commencing at the times specified below: 7:30 p.m. Appl. No. 4356 — MAR- TIN and CHRISTINE KOSMYN- KA. This is a request, based upon the December 6, 1995 Notice 'of Disapproval issued by the Building Inspector, in which applicant- was denied a building permit to construct - an accessory garage building in the required front yard at less -than 35 feet. Location of Property: 1985 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, ' Section 100-244B. . 7:33 p.m. Appl.-No. 4357 — MAR- GUERITE RUSSELL. This is an appeal based upon the December 8, 1995 Notice of Disapproval from the Building Inspector in which applicant was denied permission to re -construct one -family -dwelling destroyed by fire 6/13/95 on the grounds that Article XXIV, Section 100-242B of the Zoning Code reads that reconstruction of a dwelling with a nonconformity (front yard setback) is not permitted if destroyed by fire. Subject premises contains'a nonconforming lot area of 23,850 sq. ft. and is located in the R-40 Low -Density. Residential Zone. Location of Property: Northerly corner of Grand Avenue at Wickham Avenue, Matfituck, NY; County Parcel #1000- 107-9-11. 7:37 p.m. Appl. No. 4355 — PE- TER and JANET BLOOM. This is an appeal ,based upon the November 29, 1995 Updated Notice of Disap- proval issued by -the Building Inspm- tor=in _which applicant was denied a permit to construct front porch addi- tion to dwelling with insufficient front yard'setback and exceeding the maxi- mum lot coverage allowable in this R- 40 Zone District, Article IIIA, Section 100-30A.3. This parcel contains a non- conforming lot area of approximately 7,960 sq. ft. Location of Property: 40 (formerly 580) L'Hommedieu Lane at intersection with Old Shipyard Road, Southold; County Parcel No. 1000-64= 2-53. R-40 Zone. - The Board of Appeals will at said STATE OF NEW YORK) ) SS: time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hear- ing. The above hearings will not start before -the. times designated, and are in addition to other hearings. It is rec- ommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. 'If you have questions, please also do not hesitate to call 765-1809. Dated: December 19, 1995. BY ORDER OF THE SOUTHOLD TOWN_ BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 8585-1 TD21 J&~W of Mattituck, VIIIsworn says that he/she is SUFFOLK TIMES, a Weekly at Mattituck, in the Town of Yolk and State of New York, jf which the annexed is a regularly published in said h week for weeks tg on the S I day of CHRISTINA VOLINSKI -fto Notary Public, State of New York Principal Clerk No .5004884 Suffolk Qualified in Suffolklk County , Commission Expires Novembe 231 f7 Notary Public Swo before me this day C� 1 s APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. ® P.O. Box 1179 James Dinizio, Jr.®1 �`8� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS .TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the' -Town Law and the Code of the Town of Southold, that the following applications- will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 10, 1996, commencing at the times specified below: 7:30 p.m. Appl . No. 4356 - MARTIN and CHRISTINE KOSMYNKA . This is s. request, based upon the December 6, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct an accessory garage building in the required front yard at less than 35 feet. Location of Property: 1985 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, Section 100-244B. 7:33 p.m. Appl. No. 4357 - MARGUERITE RUSSELL. This is an appeal based upon the December 8, 1995 Notice of Disapproval from the Building Inspector in which applicant was denied permission to re -construct one -family dwelling destroyed by 'fire 6/13/95 on the grounds that Article XXIV, Section 100-242B of the Zoning Code reads that reconstruction of a dwelling with a nonconformity (front yard setback) is not permitted if destroyed by fire. Subject premises contains a nonconforming lot area of 23,850 sq. ft. and is located in the R-40 Page 2 of 2 - Legal igotice of Hearings Regular Meeting of January 10, 1996 Southold Town Board of Appeals Low -Density Residential Zone. Location of Property: Northerly corner of Grand Avenue at Wickham Avenue, Mattituck, NY; County Parcel #1000-107-9-11. 7:37 p.m. - Appl . No. 4355 - PETER AND JANET BLOOM. This an appeal contains based upon the November 29, 1995 Updated Notice of Disapproval issued by the Building Inspector in which applicant was denied a permit to construct front porch addition to dwelling with insufficient front yard setback and exceeding the maximum lot coverage allowable in this R-40 Zone District, Article IIIA, Section 100-30A.3. This parcel contains a nonconforming lot area of approximately 7,960 sq. ft. Location of Property: _ 580, L'Hommedieu Lane at intersection with Old Shipyard Road, Southold; County Parcel No. 1000-64-2-53. R-40 Zone. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: December 19, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 94 -- J APPEALS BOARD MEMBERS o - Gerard P. Goehringer, Chairman o Serge Doyen, Jr. y �� O James Dinizio, Jr. �01 �►a Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD December 19,, 1995 Mr. and Mrs. Martin Kosmynka 1985 Pine Tree Road Cutchogue, NY 11935 Re: Appl . No. 4356 - Variance for Garage Setback Dear Mr. and Mrs. Kosmynka: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the Legal Notice sent for publication in this week's newspaper by our office. An appearance is required at the public hearing in order to answer questions- . uestions. . We also furnishing to you a poster for placement within 10 feet of your property line where it is visible from the street. The sign should be displayed as soon as possible and must remain displayed for seven days (or more), and to complete the record, the enclosed Affidavit with appropriate signatures is be returned to our office. If you have any questions, please do not hesitate to call us. Wishing you all a happy holiday season. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 January 10, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4356 Project/Applicants: Martin Kosmynka County Tax Map No. 1000- 98-1-11.2 Location of Project: 1985 Pine Tree Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct an accessory garage building with insufficient front yard setbac-k. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Shortl Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(x) as amended February 14, 1990}.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)3, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further -information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o�Og�FfOL,��oG 0 CR Za OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: ZONING APPEAL APPLICATION #4356 OF MARTIN KOSMYNKA DATED: DECEMBER 7, 1995 Transmitted is an application of Martin and Christine Kosmynka, together with Southold Town Building Department Notice of Disapproval, Application for Building Permit, map showing proposed project, Notice to Adjacent Property Owner, Short Environmental Assessment Form, Questionnaire for filing with ZBA application. Judith T. Terry Southold Town Clerk i� N BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Makj-'n kbs►n n to tile Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance (Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is t re subjeFt of t cribed as follows: _ 61n -f•l�tS�IYI� Jg u� j ri._ 7 RA.IL k.1 Petition is located adjacent to your property and is des - 3. That the property which is the subject of such Petition is located in the following zoning district: ) 7on-.4- Pit, n_ AnAP^)e Mrvi.a IC& UY►zJ_Lt 01D,DDO <AUCtAt _-+Ct4- -1 lliat hN such Petition, the undersigned will request the following relief: S. That the provisions of the Southold Town Zonin Code applicable to the relief sought by the under- signed are Article Sec Lion Ltd' O 14 [ ] Section 280-/1, New York Town Law for approval of access over right -(s) -of -way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought rnay,be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date -of such hearing in the Suffolk Times and in the Long Island Traveler -Mat tit tick Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated ��e • i11 j�i� Petitioner Ow n e r s' N a m e s :/ 44-1D5Y►1rJ,- kA_ Post Offic��j,-A ]dress } Tel . No. le )%3N`Lit8cl [Copy of sketch or plan showing proposal to be attached for convenience purposes.] I PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMF. U.S. POSTALMAY E SERVICE USED FOR ROV DE FOR INS R NCE -p SATNp NTERNATI E POSTMASTER ATE OF MgILfNG Received From; MAIL, DOES NOT 1 S 5 �k✓� rC'r dJ 0 Te piece of ordinar Y mail addressedto: Form 3817, Mar, 19$9 * U.S. GPO; 1991.0-282.404/25747 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: ADD'RE55 ' � t 0 Q � H '" cl m H IM r C, m c eC::jcp r C -n �J UI ti {7 171 INTERNATIONAL MAIL, DOES NOT 1STER d i T4ft- )__j t )j 9 5 o O rn L. addressed to: o Gni Ti o A A Co -TS+ csye c .;:no• p � T7 `i W r-3 $D Tia 51;�e `c, U, :T r. I* U.S.GPO:1991-0-282-4041257• PS Form 3817, Mar. 1989 - - ---- - 1�4AT__W jeo j k, t K residing at _19 2r5 f llv4S 7` AW- '- being duly sworn, deposes and says that on the day of , 19 - ,deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at [lie addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curreili assessment rpil of the Town of Southold; that said Notices were mailed' -at. the United States Post Of- fice at A, jZ± that said Notices were mailed to each of said persons by (certified) (registered)-rnail. Sworn to efore me this; day of , 19 -s Notary Public HELENS D. i-`0RNE Notary Public, State of ire+Jit York No. 4951364 Oualified in Suiiolk County COrniniSsion Exfsires f-Aay 22, '19 (This side does not have to be completed on form transmitted to adjoining property owners.) , .rt: • T G•. f..1N• . 7777777 . r Z , w ,�• .•sr G , :':.-x ; � r •' : � C Fes',,..` . „ CISI -I /sem.•`-: �';: � .�.+,� �/' "�'$'�y� Oy .. .��+I'�i.Ih.u1Z ;''Y'..IM1 ,y�+".r, r.'; li'••vG�+::'i .0 ':1 :_ 'i>•"`, ',�,;:�iffier t•ta L r'' t`t°f, 71.'3`.}yy:+ `p;I r ��, r +4"",}`: ;L"i •. '� O p8G / t:•.w z;' : r `�',;:;t� fir; �r, �• Mom! j',�: .i�! „fjy{ ' �,ly', fr VV '17''!•1 t""ti,"'Y':-'iRt Ip LU 14 iv F�i/jr O •'�;N>b�.,,'r .1.,...h,.µ: 10 ;.. ;. � 'KC�•^,:ice;-;��,1�� ;';� �';„'±' '.,?':;'.• 'Sr"+r-,'aE: 4 � , . `.o':,:,;..,'' GAJ'';;:''�'y';::�, ^;>;�'';yr: _ �' 'T ` \ � \ f /,S �. Q •-��r-'.iT�_r�-r`�.++s+;.: V i.=Z,,} :«`x•. ^.�Sr'�L: ';'' .0 ' - I � Y � � `S`•"era � ., ,.. : aCt`��.; :,i ,: fir;,''. !'� ':Ft ,+ �.�� ,,�/ '.fir �+c.I�/e"f ` `•'• . fi '; d,�h... CA 0, IIA4 'ORI V45 VVAy X2 N All - �� \ m ` � ` t� Mar✓.: ,'.r �� ;.'.iy, s' ...'S„\ . ff r'lll cri4� . /�i' r✓r3 r'�,: `,:.:�f,.,�'". C .416 /A;' ' �.f� o� ��y �00 � _�Co.-::,::: ;'.'r:'. is ;.''s;j `;•', .;�•;^ M:9i' `n h/.STT .:•%OC?O s KJ 3 5e5C7. 98 13 r A :A' Unauthorized alteration or addition Certifications indicated hereon $ig�tify .fhet','Ith%'•j': M1'r to a survey map bearing a licensed survey was preparad in accordance w,lt,ahe 'CERTIFIED TO land surveyor's seal is a violation of in Code of,Prac,tice for "rid SurvBYi:', a'dOptQd,�+!: section 7209, sub division 2, of the, by the New- York State New York Stata Education Law 'tensional Land Surveyors: Said, cyrtiijpgtlG+)S'��1, run or to the person fpr whomahe.iuryp S;; : i'= "Capias trop, the original, of this prepared; and on his behati;tonttlit,itle.eptilif*V.''c^;`;: ` g (7 y r...ira 'f4-'fl/;,:,�:r. " survey map not marked with an "- governmental a enc ;ands -18n'dkit0•,,,,,'#5,;,.,-, ;,,h�.•, 4j1 'i,j - original of the larid'surve or's em listed 6ereon,-and to;,the" as,•s.lDnPe.So(ff'i,tkl, ��:`" '.o„-•;(*.;' r,ossed seal shall not be considered- °insiitttiort. Certlilcatioits' $(et,ttp{•;�rBl?s[i (rg;;,,r i.iS,drY. to be a valid COPY.”additional'institu[ions 1�i:t'. : tru!(j;,;.,a3 r[E"s:^rs:'±-'� •s,4� b :'{;", , LOT�YS�.aYi.. Uyy`-�•� S?�yd�9 :s. �k 1SP', ,sr �rretl,�1IIZISeI'�1 Cu[��/��/r�j�y En in and iurul Sur -tie. `;3•: : M.c 'F. u,,,¢ . r7•S>!'-'r^,a,iN., , ,VCn'Y"y'''A, .. ra..,•. +'i,•7 � .c, r..d r ,e^S' _re. u�w MS 'Consulting ing` En,..l.niers' &`!�r� Ll rtd`�,JUMyirey FS,iiF r . ' "l5 CH R "H' TR -ET' 70 1M 10 u c s� 4, R1'DGE�:=N;=`.�4:9Fi`i,, .,' MALVERNE,N,Y�71.565 ;:#;. ,�;; ' GY O • S'CJ�'� =OC.f� • CO: >Li.Y „:i§ ;c. .e,,,\, •SO. .Th. ! L"D:,..� ., :'i �S::'7ro;ir.:eyr (576) 599-3 tf •t. A `'4 4R \ P - AT10N ;:, LOC •y _ - 3r rls4 ,r.F" r J:N' ` i', tt nR' r'I� L• f" • ( .a` Y' 3. x. > n�, u+ ��.�I'e • `��.i' x «7 � NJ„. S•t �' b; a?, , >Ijp/;1...4. •�� P't. .'iCc r,' !'rTr 't, ., l'n ^:ij•' 'i.R,i '.:Y ii' I•. ,��1��., ,, . f.,.•i, •. •.i :'-': r c.,�: •K� 'V•:N sa�a,w, �?,n, y/a.h� G`s.•.i..�r"•�. -'i�, , ._ �, : t-' ;:'•f''. w T�,':`.�'✓../,-•f,;•,, r �,,, ;i.. N. rt,; .4,:C:'sr,;�rtrt'.'a;.y a' r $#. � .P ��1 QUESTICNNAIRE. FOR FILI27G WITH YOUR Z.B.A. APPLICATION A. Please disclose the naives of .the owner(s) and any other individuals. (and entities) having a financial interest in the subject premises and a description of their interests_ (Separate Shigt may be attached.) B. Is the subject premises listed on the real estate market for = sale r 'being shown to prospective buyers? { } Yes { No. (zf Yes, 137 -aca 3t+ark ==7 of "conditions" of sale-) C. Are that= 7rUposals C!Mnge -c abet land { } Yes { No D. I. Are there any areas which contain wetland grasses? AOA Z. Are the wetland areas shown°on the map submitted with y this application? `S 3. Is the property bulkheaded between the wetlands area and the upland building area? Al 0 4. If your property contains wet -lands Pr or pond areas; have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or.sloping elevation near the area of - proposed xc�o�nst_ruc;.ion at or below five feet above .mean sea Level? (?'f not applicable, state "N.A.") F. Are there any patios, concrete barriers b �- whic. - and are not shown on the survey map that you ar_- submitting? omt. If none exist, please state"none_" G. Do you have any construction taking place at this time concerning your premises?. )u _ If Yes, please submit . a can_ v Of your building permit and map as approved by the Building Department- If none, please. state. H- Do you or any ca-awner also own other land close to this parcel? ]J p. If yes, please explain where or submit copies of deeds. I. Please list parcel present use or operations conducted at this Proposed use and uCaari. ed Signar.L_e and Date 3/87, 10/901k § 97-I3 WETL��iDS, " , § 97-I3 TOWN — The Town of Southold_ TRUSTEES — The Board of Trustees of the Town of Southold_ (Added 6-5-84 by L -L. No. 6-19841 n1 AIIIDS {Amended 8-26-7-6 by L.I.. No. 2-1976.3-26- 85 by T- T . No- 6-19851: �.TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters. or Iands dying beneath tidal waters. which at mean low tide are covered by tidal waters. to a maximum depth of five (5) feet. including but not limited to banks.' bogs, salt marsh. swamps. meadows, flats, or other low lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass. saltworts, sea Iavender. tall cordgrass, high bush. cattails, groundseL Marshmallow and low mar= Ca3B:% (3) All Iaad immediate iFndjacentto a tidal wetland as defined in Subsection AM and Iying within seven- tY-five (75) 'feet landward of, the most landward edge, of such, a tidal wetland- B. FRESH ti:rATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2 -0107, Subdivisions 1(a)• to 1(d) inclusive. Of the Environmental Conservation L --%v of the State of New York: and (2) All 'Land immediately adjacent to a "freshwater wet- land.- as defined in Subsection B(I) and lying tvith- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2 _::5 - as a The N.Y.S. Environmental Quality Review act requires submission st of this for, and an enviro-nreencal review will lie made Ly this vodrd before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT'FOM%1 INSTRUCTIONS: (a) In order to'answer the questions in this short EAP it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. ,.(c) If all questions have been answered No it is likely that the project is not significant.:'. (d) Environmental Assessment 1. Will project result in a large physical change )M0 to the project site or physically'alter moreL/than 10 acres or land? _Yes 2. Will there be a major change to any unique or unusual land form on the site? !Yes _No 3_ Will project alter or have a large effect on an existing body of water? Yes _ 4.. Will project have a potentially large impact on groundwater quality? _Yes No 5. Will Project :significantly effect drainage flow on adjacent sites? Yes 6. Will project affect any threatened or endangered plant or animal species? Yes "I'7. Will project result in a major adverse effect an air quality? Yes _N S. Will project have a major effect on visual char - atter of the community or scenic views or vistas known to be important to the community? Yes Na 9. Will project adversely impactanysite or st_-uct- =a of historic, pre -historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes No 10. Will project have a major effect on existing or future recreational opportunities? _Yes _No 11_ Will project result in major traffic problems or / cause a major effect to existing transportation systems? Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result at the project's operation? Yes N 13. Will project have any impact on public health or safety? Yes No 14. Will project affect the existing community by / directly causing a growth in permanent popula- tion of more than 5 percent over.a ane -year iyeS No period or have a major negative effect on the character of the community or neighborhood? 15. Is there Public controversy concerning the project? � _Yes _vo Preparer's Signature: Representing: Date: ( G ZBA 9/75 IA -164 087'l—Text 12 PROJECT 1.0. 4UMBER 617.21 j Appendix C I State Environmental Quafit ' Review SHORT ENVIRONMENTAL AS1ESSMENT FORM Far UNLISTED ACTIO S Only PART I—PROJECT INFORMATION (To p completed by Applicant or Project spo SC r) SCOR f 1 PROJECT NAME 1. APP PON�� ICA/TION• k\W01-11-?-- Q 51 3. PROJECT LO [> %/67OG 40'0� v Lt Municipality �U (� O County a, PRECISN S/d int neee� �s. pramment lanoma� �ete,., or rov✓lid�eE�S Y�R//r 5. IS PROPOSED ACTION: Q New C1 Exea—nsion U Modiflca onlatteratiioon /} e 5. oESCRIB LR®JECT yRIEFL & /" /7 C� J © le 7. AMOUNT OF LAN,P AFFECTED: Initlaily acres Ultim teiy acres a. WILL PROPOSE D,�-ON COMPLY WITH rMSTING ZONING OA HER S(IS'iING LAND USE RESTRICTIONS? C b t. /0Ur Yes Lj NoIf No, descriCe efly/— 5 0 Irr/ 6jigw- yl-eeD 5,00r K5 9. WmA!A PRESENT"LANO USE IN VICINITY OF PR JECT? f� Q C]Park/ForesVOcen space C Other Residentlat l__: Industrial U Corn ereia Agneuuure Describe: 10. GOES ACTION INVOLVE A PERMIT APPROVAL, R FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FCDERAL.. STATE OR LOCAU? F— Yes Q No It yes, list age 1 1 and oermltlabprovais 11. COES ANY ASPECT OF THE AC71,; HAVE CURRENTLY VALID PERMIT OR APPROVAL? Yes Imo_ 4•• It ye=, list gercy na a and oermittapproval 12. AS A RESULT OF PROPOSED ACTION WILL _XISTING PERMITIAPPROVAL REQUIRE MODIFICATION? C] Yes a No ICEFY THAT THE I FORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Aaalicanusponsor Oate: Signature: If the action is 4 the Coastal Area, and you are a state agency, complete the Coastal A4hessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) Board of Appeals, Town of Southold Town Hall 53095 Main Road Southold NY 11971 Dear Members,of the Board: P.O. Box 1292 ._Cutchogue NY 11935 5 *January 1996 I write to register my strongest objection to the variance from the required front yard set back requested by Mr. Kosmynka to build a garage on his property on Pine Tree Rd. in Cutchogue. My wife and I own the property on the west side of Pine tree Rd. immediately across from the property for which the variance is requested. There is no evidence that a hardship is involved to site a garage on the property while conforming to,zoning requirements. Sufficient room exists on the property to build .a garage with the proper setback. . In 'fact, using, the scale 1 " = 30'indicated on the survey map. submitted with the petitl_,iot, the free-hand sketch on the survey shows the planned garage nearly 40 ft. from the road not the 19 -,ft. indicated. In addition the,sketch shows a structure only one half the size of the structure described in the petition.. The drawing is misleading if not deceptive and does not adequately represent the structure which would'be completely out of the character of the existing dwellings and garages on Pine Tree Rd.,and an eyesore. There was ample opportunity to plan proper use of this undersized, non -conforming lot for the construction of a dwelling and garage when the original variances were requested in 1992. 'Any hardship claimed now is self imposed and should not be grounds for a variance. I hope that the Board will.deny it. Thank you for your attention to this matter. Sincerely, Thomas S.' Cottrell n- 5 e L4 M tall -6 a n �.� o� �(PT +- �S k �, l - 31 -F e-�,Y, o a