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HomeMy WebLinkAbout4363 Aso 3" e~;~ Kd, c~~-~,e. i o ~ , ~ ~3~,~r ,PN/, -3/~/y'6 ll ~ io A~ / T(W~~~O !(~/.~.PS/ZC.D ~cp7S //~I,pG~'~oG.f' C~'~~`~ ///Cv VA~• T ~EP.9.~'+4 TE Cd.Uo T.IEQc...,2EJ I?7 Tiy15 T.yEJ .~Y.VD 6' lJft~ V N7Z /O "~G?fIER ~c E ' ~A.U'rI' J ~G/9~ I ~ O~OS~FfO(,~Cfl APPEALS BOARD MEMBERS =y` Gyp o Southold Town Hall Gerard P. Goehringer, Chairman ~ ~ 53095 Main Road Serge Doyen, Jr. ,f, ~ P.O. Box 1179 James Dinizio, Jr. '~Oj ~ ~a0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4363 ACTION OF THE BOARD OF APPEALS DA'Z'E OF' ACTION: March 6, 1996 APPLICANT: ESTATE OF LORETTA SENKO LOCATION OF PROPERTY: 950 Sterling Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 4, LOT 010. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26 BASIS OF REQUEST: Nonconforming lot has been held in common ownership with an adjacent nonconforming lot for a period of time between 1983 to the present time. (Area variance was filed by applicant on 2/1/96. ZBA office suggested that if applicant wanted to apply for a "Waiver under 100-25", separate forms are required. The application was amended to include the Waiver Form Application and additional notice to neighbors on 2/13/96.) Reasons fur Grant of Waiver (also continued on ZBA Waiver Application) 1. Subject lot created 2/21/58 by deed at Liber 4432 p. 170 at time of 12,500 s.f. lot area and 100 ft. lot width size requirements. 2. Original lot lines are unchanged since the original 1958 deed (adjoining lot has a separate description in deed at Liber 3275 page 240 dated 9/28/51). 3. Town issued single tax bills for each parcel since lot creation. 4. 'Coning adopted by Town 4/23/57 (lot merger law did not go into effect ~rntil about 1983 under Town zoning code). 5. In 1976 -County established County Parcel numbers from separate deeds. 6. Original filed Subdivision Map #1179 in County Clerk's Offices has County Health Department stamp of approval. 7. Neighborhood consists of lots similar in size. 8. In accepting this approval, applicant agrees to covenant the land with as a condition to this Waiver that the natural, existing land contours and slopes will not be physically altered or changed, nor filled. 9. The lot is not an increase in density since proof has been submitted to show this was always intended to remain a separate lot. 10. A large number of the lots in this development have been built upon. 11. This waiver will avoid economic hardship. 12. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting nearby environmental or flood areas, or neighboring properties. MOTION MADE BY Lydia Tbrtora SECONDED BY James Dinizio, Jr. ACTION/RESOLUTION ADOPTED: Waiver granted as applied. (Further, area • ~ Page 2 - Appl. No. 4353 Application of ESTATE OI' LOR,ETTA~SENI~O Decision Rendered March 6, 1996 at this time nd.under these ircumstanc~s* variances as to lot size are not necessary due to tie issuance o t~iis waiver. VO'I'F: OF THE BOARD: Ayes: Serge J. Doyen James Dinizio, Jr. Lydia A. Tortora Nays: Robert A. Villa (no reason given) Gerard P. Goehringer -whose position is that these lots should be more equal in size -there is a substantial difference of 25$ for the house lot. This resolution was adopted (3-2). lk ~ BOARD PEALS ~ ~ i //By GERARD P. GOEHRINGER, AIRMAN ~*Any change of ownership in the future may create a different type of merger, and further application for a waiver may be additionally required - as determined by the Building Inspector in a new application review.) ~ECL;IVED AND FILED BY TF_~ SOU) TT.OLD TO 11 CLLni~ D~~TE ly~g6 fi JR 9: aoR/1'1 _ _ ~~a~~~ , , Town C~ xk, zo ~~i ~ c._. - - o~~gpFFO(~-c APPEALS BOARD MEMBERS tiZ` GGy o Southold Town Hall Gerard P. Goehringer, Chairman T 53095 Main Road Serge Doyen, Jr. y ® P.O. Box 1179 James Dinizio, Jr. 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, 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, MARCH 6, 1996, commencing at the times specified below: 7:30 p.m. Appl. #43ff3 (A & B) - ESTATE OF LORETTA SENKO. The applicant has filed two applications based upon the December 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a one-family dwelling on vacant land ~mT for the reason that lot is nonconforming in lot size and has been held in common ownership since July 1, 1983: Application A: An area variance is requested under Section 100-25 (and 100-24) based upon a claim of practical difficulties in the event a waiver is not granted under Section 100-26. The subject lot is shown to be adjoining another lot in common ownership improved with a single-family dwelling on a 15,857 sq. ft. (See proposed Set-Off map dated Nov. 13, 1995, amended Feb. 12, 1996.) Subject parcels identified as County Tax Map Parcels No. 1000-104-4-10 and 11 at Sterling Road, Nassau Farms, Cutchogue, NY. Application B: A waiver is requested under Section 100-26 for the lot as created by deed dated 2/21/58 at Liber 4432 page 170, and further deed dated 9/24/90 at Liber 11155 page 543, for parcel containing 20,297 sq. Page 2 - Legal Notice • Regular Meeting of March 6, 1996 Southold Town Board of Appeals ft. in area and 100.0 ft. along the south side of Sterling Road, at Nassau Farms, Cutchogue, identified as Countv Tax Map #1000-104-4-10. 7:45 p.m. Amended Appl. No. 3649 - CHRISTOPHER CONNORS. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/8/96 for a building permit to construct single-family dwelling with an insufficient front yard setback, Article IIIA, Section 100-30A.3, and subject to obtaining approval from the Southold Town Trustees and other appropriate agencies, concerning premises known as 350 West Drive, Southold, NY; County Tax Map Parcel No. 1000-59-5-29.3. 7:55 p.m. Appl. No. 4364 - BRUNO A. KAWECKI. This is an application for a variance based upon a disapproval issued under Article IIIA, Section 100-30A.4 (100-33) by the Building Inspector dated 2/14/96 for a building permit to construct one-story accessory garage in a side yard at premises known as 605 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-8. (Location in a rear yard with a 15-ft. setback is required.) 8:00 p.m. Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XXIII, Section 100-239.4B by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of existing bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County Tax Map Parcel No. 1000-57-1-27. 8:10 p.m. Appl. No. 4366 - THERESA KILDUFF. This is an application for a Waiver under Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-30A.2 and 100-31A(1) dated 2/15/96 for a building permit to construct a single-family dwelling on the grounds that this is one lot (and only one dwelling is permitted per lot). Property referred to as a ti Page 3 - Legal Notice • Regular Meeting of March 6, 1996 Southold Town Board of Appeals Lot G on the "Map of Lots of Raymond T. Graham" shown on survey dated March 27, 1957, and containing 20,000 sq. ft. in area is shown to be in common ownership with Lot B, also containing 20,000 square feet. Also referred to as part of Lot Nos. 56-59 on the "Map of Nassau Farms, County File #1179. County Tax Map Parcel ID No. 1000-104-2-3 (shown for 30+ years on separate assessment property cards as 98-1-22 and 104-2-3). 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: February 16, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x rOnM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL p ~Date~ 19 ( Ole y? 9? PLEASE TAKE NOTICE hat your application dated , 19 for permit to G " Y'~ FC . c°?tG COs37Y`///Cl~k~~Gu1 ...67J. !/Gakr....... at Location of Property ..~Q House No. trees . . . . Hamlet County"Pax Map No. 1000 Section Block .......Lot ..,(.0......... Subdivision Filed Map No. Lot No. . e, is returned herewitli and disapproved on the following grounds ,~~.XA.."'~~ 43 7 ~ ...N. 7 r . / , . . . . . • R ' ~Aew'... • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . es 56;ctor RV 1/80 BOARD OF HEALTH . FORM NO. 1 SETS OF PLANS . TOWN OF SOUTHOLD OORVEY • . - BUILDING brpARTMENT CIICCK TOWN HALL SEPTIC 1'ORri SOUTHOLD, N.Y. 11971 TEL.: 765.1802 NOT IFy~ Examined , CALL Approved I9 Perim No............ NA I L . T . 0 _ Disapproved a/c , . (Building Inspector) APPLICATION FOR r;itlLn!NGPEP,^A!T Date . ,November 8 19 g 5 INSTRUCTIONS a. This ication must completely fled in by sets of plans acclura a pl t plan to scale. Fee according to scheduleor in ink and submitted to the Building Inspector, with 3 b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ca cation. areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- 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 Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessa Vins ections. EBy 1 app cant, or nam e, ia corporation) Men J. Crook, ,Executor 338Q jiolly, 1Sprin9s• Kr -1. Mel.b 11Mei. F1. 3293478307 (Mailing State whether applicant is owner, lessee agent, architect, engineer, address of applicant) general contractor, electrician, plumbeP or builder. Owner Name of owner of premises ,.Estate of Loretta Senko (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No . . Other Trade's License No. , - Location of land on which proposed work will be done. I • • • • • • • A.Q'.......... Sterling Road (louse Number Cutchogue Street .......:..Hamlet Hamlet County Tax Map No. 1000 Section 104,.,OQ. , Block 04.00 . Lot 010:000 , • . • Subdivision... Map of ,Nassau Farms ,,/9t5) (Name) Filed dap No. 1179........ Lot k./.Q..1.40... . State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . , , , ,Vacant Land `.Intended use and . . occupancy . . . . One family, dwtrI lin9 3. Nature of work (check which ap4ble): New Building Addit7~Rt Alteration . Repair Removal Demolition Other Work . (Description) 4. Estimated Cost Fee r (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling 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 of Stories . Dimensions of same structure with alterations or additions: Front Rear . Depth Height Number of Stories 8. Dimensions df entire new construction: Front Rear Depth Height Number of Stories . . 9. Size of lot: Front . Rea r . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . 10. Date of Purchase . SVptember. 28 r .1951, • , , . , , , , Name of Former Owner G~BPxgP. R.. Helen. S.. Tutbill. . 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 en~sgtf d remises: Yes No 14. Name of Owner of premises B.,st. • of Loretta Se,4 op, ress tS1114S 111 l glTt one No. (.407) 255-0027. . Name of Architect c/o' Melvin' 0:' Cidok" Address Phone No............... . Name of Contractor ..............'a' Address Phone No. 15. Is this property within 300 feet of tidal wetland? *Yes........ No...X..... *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. (See attached survey of property) FLORIDA :'STATE OF I1MMMMIi S COUNTY OF.; ...S MELVIN J CROOK Executor of th_ being duly sworn, deposes and says that lie is the/applicant (Name of individual signing contract) ;.above narked. `lie is the ...Executor (Contractor, agent, corporate officer, etc.) of said owner kQo0QQ8W, and is duly authorized to perform or have performed the-said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. <Sworn to before me this 5~ ........day of.... November......., 19 95 Notary Public . County T~A VPNKO '%V Pas,M BARBA K HE • N B F0n Not iqE.P.e T+ I- uti a` 1 in J. C ook, Executor (Signature of applicant) V Bnnkdby ANB n lit ¢ddy r £ Gt~cr~turr, jdzxi ~ rr~v S~3lJ' APPLICATION FOR WAIVER UNDER StuTION 100-26 This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: Low-Density Residential R-40 District The size requirement for this zone is: 40,000 square feet per parcel. County Tax Map Parcel Nos: 1000 10004 - 4 - 10 et I (:em), MELVIN J. CROOK, as Executor of the Estate of/ ms r own e e r rs o of the contiguous lotz shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: RECEIVED 1. Copies of my recent tax bill for both (all) lots. FES 13 1996 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3 'a 0 Pl`1 3. Copies of current deeds of the parcels under review. Town Clerk Soethotd 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. TA S NK « 7'-- 'eC [LyL B Applicafrf and Owned) Melvin J. Crook, Executor (Applicant and Owner) Sworn to before me this day of February. 19 96 . AL ~o1M1 py" BARBARA K HEFFRON y Commrean CC295931 Notary Public c ; E roe Jul. 13 1997 Bonded by ANB ~~Or ~ePA 900-852-5878:` A Waiver is hereby approved. (delete appropriate action) based u he above ntax' n. I)9'sued by Board of Appeals 3/6/9 erard P. Goehringer, Ch8irman %heasons for application to continue on next page). zbata.w1295 n ' RIDER TO APPLICATION FOR WAIVER UNDER SECTION 100-26 APPLICANT'S REASON Your Petitioner is the Executor of the Estate of Loretta Senko who died on September 28, 1994. The decedent, Loretta Senko, was the widow of Peter Senko who died on October 8, 1990. Peter Senko and Loretta Senko purchased a parcel of land on the southerly side of Sterling Road,,Cutchogue, New York, which was 75 feet wide with a depth of 211.88 feet and an area of 15,857 sq. ft. on September 28, 1951 from George R. Tuthill and Helen S. Tuthill by deed which was recorded in the Suffolk County Clerk's Office in Liber 3275 Page 239 (SCTM #1000-104-4-11), a copy of which is attached hereto as Exhibit 1. On this parcel Peter and Loretta Senko in 1952 constructed a one-story frame house and subsequently in 1987 improved same by enclosing the porch and adding a deck, a copy of this Certificate of occupancy is attached hereto as Exhibit 2. On February 21, 1958, Peter Senko and Loretta Senko purchased a separate adjacent parcel of land which was 100 feet in width with a depth of 211.88 feet and an area of 20,297 sq. ft. from George R. Tuthill and Helen S. Tuthill by deed which was recorded in the Suffolk County Clerk's Office in Liber 4432 Page 170 (SCTM #1000-104-4-10), a copy of which is attached hereto as Exhibit 3. On October 9, 1981, Peter Senko and Loretta Senko, transferred the vacant parcel (SCTM #1000-104-4-10) to Peter Senko by deed which was recorded in the Suffolk County Clerk's Office in Liber 9086 Page 367, a copy of which is attached hereto as Exhibit 4. On September 24, 1990, Peter Senko, transferred the property to Peter Senko and Loretta Senko, his wife, as tenants by the entirety, by deed recorded in the Suffolk County Clerk's Office in Liber 11155 Page 543, a copy of which is attached hereto as Exhibit 5. From my personal knowledge, I know at the time Peter Senko transferred the property back to himself and Loretta Senko he was very ill and was not using good judgment. The purpose of his transferring the property was to avoid having to probate any of. his assets. Further, Loretta Senko was unaware of this transfer because for several years prior to her death she had intended to sell this lot to help defray her living and medical expenses so she could stay in her residence on Sterling Road. It was only after Loretta Senko's death I, along with my brothers, discovered this vacant lot was transferred back to both Peter and Loretta Senko when we listed the property for sale. Subsequently, we entered into a contract to sell the improved parcel (SCTM #1000-104-4-11) to one Jennifer F. Monahan for the sum of $115,000.00. It was at this point that the Southold Town Building inspector informed me the lots were merged and we could not sell the lot as an individual parcel. Since the two lots have become legally merged under the zoning ordinance I am requesting the Zoning Board of Appeals to waive this merger and recognize the original lot lines before Peter Senko had mistakenly transferred the property back to both he and his wife. It is respectfully submitted the waiver right of the Zoning Board of Appeals will not result in any significant increase in density of the neighborhood as it will be just one more house on Sterling Road which was always intended by Peter and Loretta Senko. ~,J~~3.- The granting of this waiver would be recognition that ese two lots are consistent with the size of the lots in this eighborhood. Along Sterling Road which is an established residential neighborhood all of the improved lots have one-family dwellings. The vast majority of them are undersized by today's zoning standards in that the lots range 10,720 sq. ft. to 39,700 sq. ft. Twenty-one of these lots along Sterling Road contain 20,000 sq. ft. or less. Attached hereto as Exhibit 6 is a computation of the lot areas along Sterling Road as prepared by Roderick Van Tuyl, P.C. The granting of this waiver by the Board will avoid economic hardship to the Estate of Loretta Senko. As indicated previously the improved lot (SCTM )11000-104-4-11) is under contract subject to approval by the Board of Appeals. In marshaling and evaluating the assets for the Estate of Loretta Senko, the vacant lot (SCTM 111000-104-4-10) was appraised in the Estate as a separate parcel with a value of $65,000.00 and I have been informed by the appraiser as well as real estate brokers that selling the vacant land together with the house would only possibly increase the sale to $125,000.00. Considering this disparity of $55,000.00 the economic hardship to the Estate is obvious. The contour and slope on the lot will not be significantly changed in any manner nor is it contemplated that any filling of the land will take place. In the rear yard area on the westerly boundary the land slopes to a low lying area mainly on the adjacent parcel which for years has collected excess rain water before it drains into the ground. As seen from Exhibit 7, the proposed building envelope will be in line with the existing houses on this street and will not cause,any fill to be placed on the property. The construction of a proposed house should not interfere or affect this drainage area. Estate of Loretta S~en/ko p By«G',~ ~j ' L~clGz. Melvi i Crook, Ex cutor a~ - /,TOWN OF SOUTHOLD P?OPERTY RECORD CARD OWNER STREET VI/L~LAGE DISTRICT SUB. LOTa,,_?I- 6f /ate vo JE)J O A V~ Tv e/-/i~ / j'a(I ( /CAI ve Q df/ F Io,J, FORMER OWNER N ACREAGE l/~6 ` r7 I fl -~-C.I ~C f'i IC S W TYPE OF BUILDING _ S~ rm n Cv 3 Marc l11 ~f Wa RES. SEAS. VL. FARM COMM. IND. CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS / _O e Q (e /o/9/// ,.J t-Cat. jo/e e-f4 Sr Ji K o v ce.7~ 7e J~~ i ~e /n _ ca(L - - p 9 o - L 1115 _ y3- Sen ko +v Sen IC o 'F w-( _p/I/c, Y ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD' iQT. a ~~t76 Q 71 f BULKHEAD / I f DOCK Sun ib ,$~r t~7'.e u~ h;xy, i Tnfnl 1-- o o G _ y is --TOWN OF SOUTHOLD OPERTY RECORD CARD OWNER I STREET //w VILLAGE DISTRICT SUB. LOT /'d r 71 of /0/0 71- FORMER OWNER N y~-~ / E n ACREAGE ~r OJ/..IliOLt4 /"/rlJ'r~Vnl~/lhr..g_ S CyQW TYPE OF BUILDING A RES. SEAS. VL. FARM COMM. I IND. ( CB. MISC. Est. Mkt. Val LAND IMP. TOTAL DATE REMARKS Clai d~ l 40 ~_u' Gd S tEe V 7~ ry d p0 /Yr G~e<_n. r r-- 7~2a - ~3oa -r9 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD ~C o y J fe `~;r A /c ed(~, ~i' d c V Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushlond House Plot Total c• tF- c.- ~ u ~u i - ~ i _ bxt Iy `;trvi~' r~ ~y. ?""+•er ~ r y y x _ s Y: n2 ~c b i 3 I I s , ~ I - 1 fi 4 { M Bid Y YL/ Foundation I Bath t r c r _ _ l Basement Floors / r! Extension -F- --T®- - y~ LU y~ Interior Finish Extension Ext. Walls 17'7U Fire Place dL L Heat iExt nsion 25, l Z3 - 39~ - - - Porch Roof Type Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer O. B. y A I ~ SY~i~:LlNC~ ~?c7A~ I. rl LifocLcrre 45 0-'' to L GTE' ca S3 rOC1~ I F• N. Y 1~ 9D ID! W 117 ~ S~'~ry 1 ~ ~ = t7~4dt1Rl7dhf 17~ ~ Fr~c:,;~';b~dS itP ~t~1;4f~"'9 2o~C ~E4t?. ~ J ~ J t~ 'o r~ ~©~'r: {rio~rt ~ c rJn r~yf to~~ rr~o~ l j i UneothodzedalferetlonOr eddllpte uldj~ 1 ~.1 lfwcA to tha surveys a violation of I d. Se--Wn 7208 0! the New York St** /f rQX No. tt,fQQ"fQgt ~ \ f:ucaUen Law. - c5 t5?~ ! . ' Caps of this survey map not boa" r 44 +n0 1;rd surveyors inked seal or ~~r e A crhossed seal shall not be considered !!w+ 77 ff J', 8SP7 0 t ~v be a valid true COPY. I rra od hereon shalt ru .y 0 nrx 1118 '!`JTii;?f£"ACi /Cu• l~ r © '1 p yJt ~-vo I~V{J•J T^~+rr to nuperson labelh 1 S t~eaa l!~ !~h - r sbehall to the to agency ale c,eon and v~ f u tc t'tO [.is.3r.,ca c j- Iuno!ng instim tution. Goarentccs are not transferable ? I to additional instttutiunS df 6ubSeVuenl 44r owner& r ttl v a t { 79J4 ' j (f- Nary led ~1w 4' VA~ Nov t3, l j'95 Lak I'm0s ~ ~ K ~ 0~~SF 0 O'tS25 to 6P~~ Licensed Lend urUl'Vtr~or~ All IAND 5J 6CCCn~'Or~~ ICJ. Y. o~OgOFfO~~-~o APPEALS BOARD MEMBERS c Southold Town Hall Gerard P. Goehringer, Chairman C4* T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Diaizio, Jr. Southold, New York 11971. Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 5, 1996 Ms. Susan Utz 425 Youngs Road P.O. Box 166 Orient, NY 11957 Re: File #4372 - Waiver for Undersized Lot Size in Merger Dear Ms. Utz: Please find attached a copy of the Board's Waiver determination rendered at our April 3, 1996 Regular Meeting with reference to the Building Inspector's merger determination for your property at 295 Youngs Road, Orient. Yesterday we delivered a copy of the ZBA determination to Tom Fisher, Sr. Building Inspector for the pending building permit application. We wish you the best in this new home construction project and lots of happiness in your new home. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Inspector's Office 473889 104.-4-10 BILL NO.012175 SEQ.NO. 1 P6 Oi: 2175 «aQSU ead 6a%946$ %bY099 01 P80h 68$DO MARILYN B. QUINTANA01 OF 01 RECEIVER OF TAXES %a& 6 69g%tg pa 53095 MAIN ROAD 2 a ~$i 1 5GlTHGLD, NV 11971-0959 iga°gmm a4exawcan A+9%xgy a a 0apanaa09M aa:. asa 4.. i{ygq~g 6iAti$ e'$ d0 a89}68f4 74 m I at R-10 : 12/01/95 - 11/30f96 12/06f95 SUFFOLK COUNTY TAX 700 43.426000 30.40 *m 6$ %6 G ti 41 * « C , mmm SOUTHOLD TOWN TAX 700 126.060000 88.24 g%A a 473889 104.-4-10 L MATTITUCK-CUT SCHOO 700 384.417000 269.09 *68S"%o"~"4* 950 STERLING RD CUTCHGGUE LIBRARY 700 32.844000 22.99 2tt". wm 0.46 CUTCHGGUE FIRE DI 7007' 39.899000 27.93 9 S- °~IM~4~~P»69 AC R E 66a. % 9~ 116~?C ply 473809- MATTITUCK SCHOOL CUTCH-NEW SUFFOLK 7007 3.033000 2.12 311-RES VAC LAND WASTE WATER DISTR 7007 2.073000 1.45 STHLD SOL WASTE D 7007 7.338000 5.14 novax% m 6 s %m 9 4'4°°e 649@>4ak4~AI p p OspHypp{ ryWry'?Yp80§~9MH%:% y 701 AQdP4t tle'4A B 84MRW. 41~WPoaa~4&hntlu§OBR.00%k Abb@04$69A4#A4b&bRb#. 96 YYt. 6aa<avsa96w 6o-69. APPLY FOR THIRD PARTY NOTICE BY 10/01/9V MUM" er va" J aP »s 2444 4~°%EC6 447 . 3 6 2 2 3. 6 2 2 3. 6 8 M ...P%% ° E C/O PETER M SENKO :2$ n~~n.m~.:% 512 E 83RD STREET 223.6 223.68 44e9 4m NEW YORK NY 10028 01/10/gip 05/3 196 Oaxaxr TAXES PAID BY CHECK ARE SUBJECT TO COLLECTION i /x 5 , 473889 104.-4-11 BILL NO.012176 SEQ.NO. 1 [tinge 4 ,.r :c If n. n4nm~'3wb$aaa4mk «ktt4 0 1 2 1 7 6 SC°A S t' k$n e.xx..a. a.. tt +n q9 MARILYN B. QUINTANA 01 OF 01 RECEIVER OF TAXES 4H$;~~~p~ 1 $m$n <~m m 53095 MAIN ROAD 1 l SOU'T'HOLD, NY 11971-0959 *2Itt $$4$xm SbV+3ko-Nk m4,Sq{ $ # ttxa5ad m0roa agm 8 0 49 g#@ 484m$mm&mm ~p~~ 8. . n jy q D ff.. "FM 0R mm' 94m. CP4A Fkakaa4pa ~ w 12701/95 - 11730/96 12/06/95 SUFFOLK COUNTY TAX 3,350 43.426000 145.48 a „;q;„g gig G15 m«m«2° m n x ° SOUTHOLD TOWN TAX 3 , 350 126.060000 422.30 aa' 473889 104.-4-11 M MATTITUCK-CUT SCHOOL 4,900 384.417000 1,883.64 ax £kknsnm m,xxk mmm 1100 STERLING RD CUTCHOGUE LIBRARY 4,900 32.844000 160.94 ACRES- 0.36 CUTCHOGUE FIRE DI 4,9007 39.899000 195.51 °4°4gbximammm 473809- h1ATTITUCK SCHOOL CUTCH-NEW SUFFOLK 4,9007 3.033000 14.86 $x;°.k x~~$m$; c mg 210-1 FAMILY RES WANE WATER OISTR 4,9007 2.073000 10.16 STHLD SOL WASTE D 4,900T 7.338000 35.96 k$~y. 4 . pp qy 44m&mm 4 4 90 " 4ooao4mmH M6 q [E ^uBb$iM@bd'A9 nn.$ ~1 +Tlm`®am°°mro°xuan°s omoia°$ggne+$.4$$kmSma°aa~°aa°annam°°ssm$n°n Bataan nea°o°ama°pe' VETERANS APPLY FOR THIRD PARTY NOTICE BY 10/01/96 m~ttxtt$m~ 2 868.8 Sm$ m *g C/O PETER M SENKO»4~ 1,434.4 1,434.43 2mta~P~~g$qym~X~Aq»mm mm. m9btao-&9bkW&&~•• 512 E 83RD STREET $ m 1,434.4 1,434.43 mx4$$mm~= N E M ! 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(4) y O 13 O N 117 -1,4,020 c". 16 tcl ~2 31 30 Zg. 28 27 26 25 24 23 22 21 N N (z 345' BAY 125' 7s' 7a 1.5 A(c - 83' 100' ' 0 1 i Bh'11 7°' 71• 5j AVE. 1eo too fee 225. 100' 100 445' _ 145 175' 105 9 10 5OT' s 76' -t u O 15;660 )s1 bl6 O O 6 l I 2.5 3 05 N I~11( 33 1e0' 100' D w o Tk) !1 2.7A(c) •1 1kI5sa 108 " 75 ' 1 ~ C ° ; Uf m F NErv yo o 1091 54• 76• i6 _113x5 `11250 I110$0. 16)fl'N D 3.2 A(C). a~ v P'~ ®vcK VA aP cam/ G`t 9 Iz' 11155~ p.55a 5 _`,r} 0.13 12 I l0 0 ',1! v ~ ro 1 75' m T 500' 28$ * t~'~ 6¢ S) w f., ~o y o a .1T 10 76 75. p / 1 cn 150') \'fs s O 9O' 76 DR • OA 75 75' 100' 125' - 115 113' 76 00 30 31- 19_x- ~~N 13 14 H x v EXHIBIT 6 COUN-fY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNT' EXECUTIVE A.I.C. P. DEPARTMENT OF PLANNING a~p~pp F NING 1'IFy{ ~ March 18, 1996 Town of Southold Zoning Board of Appeals 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. A=licant(s) Municipal File Number(s) Conners, Christopher 3649 (Amended) ?Sstate of Loretta Senko 4363 Kawecki, Bruno 4364 Pottgen, Joseph A. 4365 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc C:1W P W INB01W PDOCS~ZON ING\W ORKINGILDS\SD3649AM.ZN 1 220 RABRO DRIVE • P.O. BOX 6100 • HAUPPAUGE, LONG ISLAND, NY 11788-0099 ¦ (516) 853-5190 ¦ FAX (516) 853-4044 APPEALS BOARD MEMBERS ~O~~$UFf01~ CO ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 1 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa 'y~fJ O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Adai.nistrative Code, The Board of Appeals of the Town of Southold, New York, herebv refers the following to the Suffolk County Planning Commission. XX Variance from the Zoning Code, Article II Section 100-25 and 100-24 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Waiver inder 100-26 Appeal No: qg~~ Applicant: Estate of Loretta Senko Location of A ected Land: 900 Sterling Rd., Cutchogue, NY County Tax Map Item No.: 10- 4-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission. to resenarate lots by area variances and/or by Waiver under 100-26 Copies of Town file and related documents enclosed for your review. Dated: March 14, 1996 , Y tF~ APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa „ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTE FOR THE FILE: March 14, 1996 A refund is not recommended of the $600 paid for the following reason: The applicant Estate chose to file an application for multiple area variances (lot area and width for two parcels). Later, our short form for waiver requests under the merger law was also filed to be included as part of the legal notice, and requiring a separate hearing. A total of $600.00 was paid for all applications. The applicant chose not to withdraw the area variance because they did not want to lose any time if a "waiver" were denied. They wanted the Board to be able to make an area variance determination the same meeting. None of the requests were withdrawn, and the attorney chose to process all applications at the same time. Normally, a property owner has the choice the first try for a $150 "waiver determination," and if denied, then apply for area variances for which different court rules and regulations apply. It was the choice of the attorney to require full review of all the applications being made together. Public hearings were held on all the requests, and the data has been transcribed verbatim and made a part of both files. A refund is not recommended by our Department once both hearings are advertised and the testimony transcribed, concluding the file reviews. $600 - usual application fee for lot area and width variances $150 - fee of $150 was included for waiver short form application (maximum fee of $600 is allowed for "single lot" when more than one request is filed within 14 days of each other). The processing of these two applications were no different than other applications processed for the same situations. ZBA:lk ~OgUfFO(,~c APPEALS BOARD MEMBERS h~~ ~Gy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 14, 1996 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4363-A - Application for Area Variances (Estate of L. Senko) Appl. No. 4363-B - Application for Waiver under Section 100-26 Dear Mr. Lark: Please find enclosed a copy of the Board's determination rendered by the Board of Appeals at our March 6, 1996 Regular Meeting. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to the initial building permit application. You may proceed with the Building Department (765-1802) to be sure the building permit application is complete with all other necessary documentation and returned to the "active" application shelf. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Planning Comission. ~ o~~gUFFO~,~~o APPEALS BOARD MEMBERS `y` Gy Southold Town Hall Gerard P. Goehringer, Chairman W nxy 53095 Main Road Serge Doyen, Jr. yy P.O. Box 1179 James Dinizio, Jr. .*91 # ~~O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 443 ACTION OF THE BOARD OF APPEALS DATE-OF ACTION: March 6, 1996 APPLICANT: ESTATE OF LORETTA SENKO LOCATION OF PROPERTY: 950 Sterling; Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 4, LOT 010. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26 BASIS OF REQUEST: Nonconforming lot has been held in common ownership with an adjacent nonconforming lot for a period of time between 1983 to the present time. (Area variance was filed by applicant on 2/1/96. ZBA office suggested that if applicant wanted to apply for a "Waiver under 100-25", separate forms are required. The application was amended to include the Waiver Form Application and additional notice to neighbors on 2/13/96.) Reasons for Grant of Waiver (also continued on ZBA Waiver Application) : 1. Subject lot created 2/21/58 by deed at Li"ber 4432 p. 170 at time of 12,500 s.f. lot area and 100 ft. lot width size requirements. 2. Original lot lines are unchanged since the original 1958 deed (adjoining lot has a separate description in deed at Liber 3275 page 240 dated 9/28/51). 3. Town issued single tax bills for each parcel since lot creation. 4. Zoning adopted by Town 4/23157 (lot merger law did not go into effect until about 1983 under Town zoning code). 5. In 1976 - County established County Parcel numbers from separate deeds. 6. Original filed Subdivision Map #1179 in County Clerk's Offices has County Health Department stamp of approval. 7. Neighborhood consists of lots similar in size. 8. In accepting this approval, applicant agrees to covenant the land with as a condition to this Waiver that the natural, existing land contours and slopes will not be physically altered or changed, nor filled. 9. The lot is not an increase in density since proof has been submitted to show this was always intended to remain a separate lot. 10. A large number of the lots in this development have been built upon. 11. This waiver will avoid economic hardship. 12. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be filling of the natural land area affecting nearby environmental or flood areas, or neighboring properties. MOTION MADE BY Lydia Tortora SECONDED BY James Dinizio, Jr. ACTION/RESOLUTION ADOPTED: Waiver granted as applied. (Further, area Page 2 - Appl. No. 3 Application of EST#OF LORETTA SENKO Decision Rendered March 6, 1996 at th's time nd.under the ~.rcumstanc@s* variances as to lot size are not necessary/1Iue to tlaie issuance ort us waiver.) VOTE OF THE BOARD: Ayes: Serge J. Doyen James Dinizio, Jr. Lydia A. Tortora Nays: Robert A. Villa (no reason given) Gerard P. Goehringer - whose position is that these lots should be more equal in size - there is a substantial difference of 25% for the house lot. This resolution was unanimously adopted (3-2). lk BOARD PEALS / By GERARD P. GOEHRINGER, CHAIRMAN f (*Any change of ownership in the future may create a different type of merger, and further application for a waiver may be additionally required - as determined by the Building Inspector in a new application review.) RECEIVED AND FILED BY THE SOUTHOLD TOWN GLEIIK DATE 3! 7(/~ HOURq.'c;UfI /r1 Town Clerk, Town of 5cu~,Lold I .r '/ri QG~IJ~ AP ICATION FOR WAIVER UNDER S WON 100-26 This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: Law Density Residential R-40 District The size requirement for this zone is: 40.000 square feet per parcel. County Tax Map Parcel Nos: 1000 104 - 4 - 10 ffi I (mm) , MEyVIN J. CROOK, as Executor of the Estate of/L, MG a owwne er rs o of the contiguous lotz shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II,. Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: R~C~n/ED 1. Copies of my recent tax bill for both (all) lots. FES 13 1996 2. Copies of deeds dated prior to June 30, 1983 for all lots. , Town Clerk mad 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. TTA S/~NK By Appl~carE and Owree) Melvin J. Crook, Executor (Applicant and Owner) Sworn to before me this day of. Februar T 19 96. CC29 gA~y4L4P BARBARA K HLFFRON ..__44ss~~~! --IAy Cammrc,rn C295937 Notary Public c apeee JW. 131987 Bonded by ANe 0.r Cry •~+Jf ai nO, 800452-5878 e A Waiver is hereby approved ~ (delete appropriate action) based uq) he above nta, n. Issued by Board of Appeals 3/6/9 erard P. Goehringer, Chairman easons for application to continue on next page). zbata.w1295 ~'a5Q l- 3 RIDER TO APPLICATION FOR WAIVER UNDER SECTION 100-26 APPLICANT'S REASON Your Petitioner is the Executor of the Estate of Loretta Senko who died on September 28, 1994. The decedent, Loretta Senko, was the widow of Peter Senko who died on October 8, 1990. Peter Senko and Loretta Senko purchased a parcel of land on the southerly side of Sterling Road,.Cutchogue, New York, which was 75 feet wide with a depth of 211.88 feet and an area of 15,857 sq. ft. on September 28, 1951 from George R. Tuthill and Helen S. Tuthill by deed which was recorded in the Suffolk County Clerk's Office in Liber 3275 Page 239 (SCTM #1000-104-4-11), a copy of which is attached hereto as Exhibit 1. On this parcel Peter and Loretta Senko in 1952 constructed a one-story frame house and subsequently in 1987 improved same by enclosing the porch and adding a deck, a copy of this Certificate of Occupancy is attached hereto as Exhibit 2. On February 21, 1958, Peter Senko and Loretta Senko purchased a separate adjacent parcel of land which was 100 feet in width with a depth of 211.88 feet and an area of 20,297 sq. ft. from George R. Tuthill and Helen S. Tuthill by deed which was recorded in the Suffolk County Clerk's Office in Liber 4432 Page 170 (SCTM #1000-104-4-10), a copy of which is attached hereto as Exhibit 3. On October 9, 1981, Peter Senko and Loretta Senko, transferred the vacant parcel (SCTM #1000-104-4-10) to Peter Senko by deed which was recorded in the Suffolk County Clerk's Office in Liber 9086 Page 367, a copy of which is attached hereto as Exhibit 4. On September 24, 1990, Peter Senko, transferred the property to Peter Senko and Loretta Senko, his wife, as tenants by the entirety, by deed recorded in the Suffolk County Clerk's Office in Liber 11155 Page 543, a copy of which is attached hereto as Exhibit 5. From my personal knowledge, I know at the time Peter Senko transferred the property back to himself and Loretta Senko he was very ill and was not using good judgment. The purpose of his transferring the property was to avoid having to probate any of his assets. Further, Loretta Senko was unaware of this transfer because for several years prior to her death she had intended to sell this lot to help defray her living and medical expenses so she could stay in her residence on Sterling Road. It was only after Loretta Senko's death I, along with my brothers, discovered this vacant lot was transferred back to both Peter and Loretta Senko when we listed the property for sale. Subsequently, we entered into a contract to sell the improved parcel (SCTM #1000-104-4-11) to one Jennifer F. Monahan for the sum of $115,000.00. It was at this point that the Southold Town Building Inspector informed me the lots were merged and we could not sell the lot as an individual parcel. Since the two lots have become legally merged under the zoning ordinance I am requesting the Zoning Board of Appeals to waive this merger and recognize the original lot lines before Peter Senko had mistakenly transferred the property back to both he and his wife. It is respectfully submitted the waiver right of the Zoning Board of Appeals will not result in any significant increase in density of the neighborhood as it will be just one more house on Sterling Road which was always intended by Peter and Loretta Senko. ~.~3- Y The granting of this waiver would be recognition that these two lots are consistent with the size of the lots in this neighborhood. Along Sterling Road which is an established residential neighborhood all of the improved lots have one-family dwellings. The vast majority of them are undersized by today's zoning standards in that the lots range 10,720 sq. ft. to 39,700 sq. ft. Twenty-one of these lots along Sterling Road contain 20,000 sq. ft. or less. Attached hereto as Exhibit 6 is a computation of the lot areas along Sterling Road as prepared by Roderick Van Tuyl, P.C. The granting of this waiver by the Board will avoid economic hardship to the Estate of Loretta Senko. As indicated previously the improved lot (SCTM #1000-104-4-11) is under contract subject to approval by the Board of Appeals. In marshaling and evaluating the assets for the Estate of Loretta Senko, the vacant lot (SCTM #1000-104-4-10) was appraised in the Estate as a separate parcel with a value of $65,000.00 and I have been informed by the appraiser as well as real estate brokers that selling the vacant land together with the house would only possibly increase the sale to $125,000.00. Considering this disparity of $55,000.00 the economic hardship to the Estate is obvious. The contour and slope on the lot will not be significantly changed in any manner nor is it contemplated that any filling of the land will take place. In the rear yard area on the westerly boundary the land slopes to a low lying area mainly on the adjacent parcel which for years has collected excess rain water before it drains into the ground. As seen from Exhibit 7, the proposed building envelope will be in line with the existing houses on this street and will not cause any fill to be placed on the property. The construction of a proposed house should not interfere or affect this drainage area. Estate of Loretta Senko Byz/ Melvi}j/J. Crook, E cutor From : Joly P R Marcin JaI9.1988 98:47 PM P01 :3/4/96 FAX 765°7823 FR0:7: John P.A. Marcin ~ FAX (5-16) 489-3017 Hard copy to ,i /~ScO~ , l CS follow. 34 Harvard Street Garden City, NY 11530 March 4, 1996 Hoard of Appeals Town Hill P.O. B:>x 1179 Southold, NY 11971 RlI: Area 'iariarice Request Estate of Loretta Senko Sterling Road Cutc:,ogue , 71Y Gentlemen: My husband, John P.A. Marcin, and I are owners of property at 7065 Bay Avenue (Skunk Lane), Cutchogue, NY and are adjoining property owners of the captioned premises. We hzve received notice from your offices; of an area varianca requested by °rhe estate of Loretta senko, which property adjoino ours. We will be unable to attend the public hearing on March 6, 1996, but wises to state that we do not wiEih the variance to be granted. We are concerned with the enviromental irq, act on the natural pond that abuts our properties. Further, there is now a zoning requirement that we feel will prevent crowding in the area, and this zoning should be maintained. Granting the variance as requested may also have the efferc of the other lot winding up being ubstandard. For the reasons cited above, we are against the board of appeals granting the variance requested by the estate of Loretta Senko. sincerely, i Christ .a D. Marcin Via FA': and Regular Mail ..............0........ MEMORY STORAGE REPORT .(MAR 05 96 01022PM)................. SOUOD TOWN HALL 516 765 1823 (AUTO) FILE FILE TYPE OPTION TEL NO. PAGE 015 MEMORY TX 7345169 01 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . REMAINING CALL CAPACITY 21 From : Sohn P A Martin Jan. 19. 1988 08:47 PM P01 3A /96 PAX 765-1823 2ROM1 John P.A. Marcin r-~ ,1~77M FAX: (516) 489-3017 Hard copy to is~C follow. 34 Harvard street L/I Garden City, NY 11530 March 4, 1996 Board of Appeals Town Hall P.O. Sox 1179 Southol3, NY 11971 Ra: Area Variance Request Estate of Loretta senko Sterling Road cutolaogue. NY Gentlemen: My husband, Jahn P.A. Martin, alld I are owners of property at 7065 Say Avenue (skunk Lane), a~ltcbague, NY and are adjoining property owners, of the captioned pxemisea'. we have received notice from your offices of an area variance requeai-ted by the estate of Loretta senko, which property adjoins ours, me a 1 l l.e. rrnah1m cn attlelTd the vublichearing on March 6, 1996, RICHARD F. LARK 3I~'q 10 1- ATTORNEY AT LAW, FROM: MAIN ROAD - R O. BOX 973 DATE: March 4 1996 CUTCHOGUE, NEW YORK 11935 TELEPHONE (516) 73476807 ATTENTION: FAx (516) 734-5169 MRS. LINDA KOWALSKI TO: SO_UTHOLD_TOWN BOARD OF APPEALS SUBJECT: Estate of Loretta Senko SOUTHOLD TOWN HALL 5309.5 MAIN ROAD_ Appeal No. 4363-A and B P.O. BOX 1179 L SOUTHOLD NY 11971 MESSAGE REPLY DATE: Dear Mrs. Kowalski: 1 Pursuant to your letter dated February 20, 1996 I am enclosing the Confirmation of Posting. i f Very truly yours, SIGNED: SIGNED: Richard F. Lar (bd) HISTACOUNT CORP.. MELVILLE. N. Y. 11746 FORM NO. SK-2 f BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of ESTATE OF LORETTA SENKO ------------------------------------x COUNTY OF SUFFOLK: STATE OF NEW YORK: CONFIRMATION OF POSTING I, Barbara Diachun being duly sworn, depose and say that: I reside at 875 School House Road, Cutchogue, New York On the 21st day of February, 1996, I personally posted the property known as 11950 Sterling Road, Cutchogue, NY" by placing the official Town Poster Notice in the front yard area facing the street where it can easily be seen; and That I have checked to be sure the poster has remained in place for not less than seven (7) days preceding the date of the public hearing (date of hearing noted thereon to be held March 6, 1996.) Dated: March 4 , 1996. (signature) Sworn to before me this Barbara Diachun 4th da of March, 1996. Notary Public TNMESA THOMPSON Noin Pobk Sto of New York Commmfss pkes A41$1 6 34 Harvard Street Garden City, NY 11530 March 4, 1996 Board of Appeals Town Hall P.O. Box 1179 Southold, NY 11971 Re: Area Variance Request Estate of Loretta Senko Sterling Road Cutchogue, NY Gentlemen: My husband, John P.A. Marcin, and I are owners of property at 7065 Bay Avenue (Skunk Lane), Cutchogue, NY and are adjoining property owners of the captioned premises. We have received notice from your offices of an area variance requested by the estate of Loretta Senko, which property adjoins ours. We will be unable to attend the public hearing on March 6, 1996, but wish to state that we do not wish the variance to be granted. We are concerned with the enviromental impact on the natural pond that abuts our properties. Further, there is now a zoning requirement that we feel will prevent crowding in the area, and this zoning should be maintained. Granting the variance as requested may also have the effect of the other lot winding up being substandard. For the reasons cited above, we are against the board of appeals granting the variance requested by the estate of Loretta Senko. ~Sincerely, Christine D. Marcin Via FAX and Regular Mail U. All lots are subject to the merger provisions of 0-25. i 0 § 100-25. Merger. [Added 11-28-1995 by L.L. No. 23-19961 A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 100-24 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of forty thousand (40,000) square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12,4 the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or h (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date. D. Proof of merge. The town may require a person seeking determination of merger to provide any or all of the following documents for evaluation: (1) Proof of the date when the lot was created and the " size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the town. (2) A copy of the current tax map and survey of the lot. (3) A copy of the original survey of the lot. (4) A title search showing single and separate ownership of the property from July 1, 1983, to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with twenty-five thousand dollars ($26,000.) of insurance. (5) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or other development entitlement will be issued by the town until this section has been complied with. The Building De- partment will issue a written determination whether a property falls within an exemption to the merger provision. § 100-20. Waiver of merger. A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III rs., r_a aor. a*: (A-fl.) nia}rlnt- - ,o o~~gUFFO(~-c APPEALS BOARD MEMBERS GGy CA Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 6, 1996 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4363 (A & 8) Project/Applicants: Estate of Loretta Senko County Tax Map No. 1000- 104-4-10 Location of Project: 950 Sterling Rd., Cutchoge, NY Relief Requested/Jurisdiction Before This Board in this Project: A. An area variance is requested in the event a waiver is not granted =8. Waiver iequest under "Merger Law" 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 (Short) Form 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(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {speci€ically 617.13, 616.3(j), and 617.2(jj)), 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. 41 i S7"5t2LING I?S. O! - - N Mfg©~ ' I[7S" fv~.;~ ~ i repute D- ~ s s ~~co! :zee a r~rQ CUTCN46UE, lV. Y. ID tlv 5~ c r ra-JA L AFL: A ~s4 15~ 6, 0 r t } r ho.r~~ ~srrs ids rtr 8„io 'one P-40. t s•Na. ha. G0 ir4rs front Cdlln r fa c rrta~, + 1` t ro /W Asa t is 857 S lr c Rr r •J r - n I , LI Uneulhodred eftereHan oreddlpP I to this survey is a violation of .ti Section 7208 of the New York Stete Gducalicn Law. ' Ca~esrf hzadnp too _ i ~tx e'nSo:,,,_.ds:•:,,j r.:,naidered r1,~? tid +VoV. 13, / Q + Gaarartc-;idi;c!r'hcr- rre AA 5. •`O••w ny101d9 p fd ' rC r 'J SVriuy + ¢Pr to the /V, V ~u 1 trti a encyand tcnc:n~:,.:: ...,hcrcnand to tha cs;i~:,._ :alendng vrstl• 44 ore LC7zkitf .5 tutin.Cc_.;;._. C'r.1 transferable K to add na, ur,lriuliuns or subsequent r,~~ 17t) N 1 q In ( u H a sr~rzc.~ 41111.. i - OFF l7s. i M ACM Foil I 75.0 _TA 4z to lao. L Ok~ MT , 4itoc1acre r~~7 u > .V eY '4 r CA SsAdOl ei?'9d 011 s~al~.30 r e, 67 55 F_ T ro -r,4 Z' y ? f ,na qn~ F~4c~. ho. Uneuthodred aheredan or e Cj Gcr ~D1'S ,trorr! CaM t~r to r, rna~ 1 I eOiEIC. h4. to this survey is a violation o Section 7209 of the New York State j i Education taw. s. 1/ WB~I Co9ies nl this survey map nol bearing 7w- Jo Q` the Isnd surveyor's lr.:,e9 seal or / t ,J~C y embossed seal shall not beccnsidered s 4!~ V e~,p©4/ O 4. to be a valid tore copy. y ! J ~O• r M r l~ 17 , ( Guarantees indica!od hereon shall n. I I~ v T UUU rite the person for whom the survey °.d on his behalf to the eg^neyand 1 ; ! Ic a ncroon and ' /1fL] ¢ t IS~'87es rr~".~~aa F=- ri~ I y~ 2D, Lr 7? yr V( . sal ,SSigr landinginsti. 4; de"'^ r` ~ 11n I ~'l { ; tN;ar. Gua on cu era not transferable I _ , ra ``e 1O- r ~-~hv?Ar ~./r toadditional insiilNions or subsequen f ry owners. fi~ s N fill 4a ; Ak r ! rti ( I' { ( pF N' ~oc K VgIV 0 f b 74-8,s.fl 1 Pv'rrckr~M rw~l, , . 0 to ' y•~9~4~ a~0 Fti °(5256.14. ~ • V SFa LAND 5'3P NI'ar n~' Licens Bd Land Scr r've yor6 Lo~x;rro~ , 6re'le r0oroi`I N- r g 4 A gh a&, 4L r i ` 1 I j N.69'485C"E. +I75.0 k 1367.42 to ! Golf r, M~9Cg F"O!L lifarLa~s ' - too.0 I ~ 75.0 45 I LOA fox' too-, ~ C r TA L/V~K Q ' ; ruelJ area i AT ` ~urcmo6U,=-, Al Y. v, b o - I Z"~~~1 f rQTAl- A ZEA?3ptlS~ SG, r 7: r' + • ~ s = monvativnt Pramia.ts i1t &tildinp Zane Z 40. ' 1 ' ' y; Gona`vrlr'3 ~rnnr Caanty tdfJa mO~j. rs ba dt~",p{~ 1 nn.wM COft?~a ' ~ raX No. roao-ro4-¢-IQ~ ~ «u. Y Cdr.deYt wrMymgMIMMq i Q Y ~ - cr aw nn+vae`um nYa ta, x 97 s ! :Tax`lvc. tact of~~f-n. ^"•"°^"'••M? A~iterrdsa Fab. 1Z,1996 crs_g dv,wYgrnti 14 i i r rf % oak ad ma. Y,18 199f I trf4I j d.69'4$'sa'44'. r V ~~°s rlCt Y6n Tw~f,P, C. 7s i Lntttff a3 s' ` of yo ySFa cs25, LiC~'ndld ~O1lL~ .SUtVl QrO uNO s Srssx~rOr1~, •N. Y, S' "t J ~ a Lu 41 I « ~ 4 0.U • ~ ~ i ~ I p4K * eo i '1 vYL '(9 19b ~gR 2X? x4 Ni , U- Q ¢ J ! L~. gr y~ a ' 33vJ J£ ~ R ~ 5 n ~E S s'86 .r , S^1•:~ p •r t F r F~r /°`4 Ali, 16 Ilk, 2'4 b its 'C J V z v f _ f4 Q O 4 t'- _L L I o'? L 9 yy 9 f ~ ~ ~b Sr9P X ,t N O ~ $ r Al ~c A 'Hal A r r, ~ 8P[. wsr, r G y f g•~i 61 ~ ~l .~Vy a y .4 r ti I ,r a 14 10 L .0, AF i { ~ ~ o h sr~r, n nryf.,gdc ~ ` pk~a~ . ~ ~ ` ;Y 7:45 p.m. ended Appl. #3649- CZTOPHER. CONNORS is an appli- COUNTY OF SUFFOLK BOARD OF APPEALS cation; for a: variance based STATE OF NEW YORK ss: TOWN OF SOUTHOLD upon a disapproval issued by the Building Inspector dated. 2/8/96 for a building permit to NOTICE OF HEARINGS Joey Mac Lellan, being duly sworn, says that ing with an sin insufficient dwell he is the Editor, of the TRAVELER-WATCHMAN, NOTICE IS.' HEREBY mg wiufficient front a public newspaper GIVEN, pursuant to Section tion I back Article III?,, Sec P printed at Southold in Suf- 267 of the Town Law and the lion 100-30A.3, and subject to folk County; and that the notice of which the obtaining approval from the Code of the Town of Southold, annexed is a printed copy, has been published the'followin 'a licationswill Southold Town Trustees, and in said Traveler-Watchman once each week for g lib - I other approprtate,•a gencies, be held for pubti OLD Tgs be- concerning preimsesknown as BOARDD OF;SOUTHOLD TAPPEALS, 'at the OWN 350 WestDrive Southold NY; weeks BOAR SoutholdtTown Hal1,~ 53095 County Tax Map.$azcel No., 1. 1000-59-5-29.3. successively, coin enang on the Main Road, Southold,`New.~ York 11971, on WEDNES-7.55 p m..Appl.' #4364- 1996, A,KAWECKLT,his-I day of 19~c DAY, MARCH*z6, BRUNO 4 ;an a PP. hcation for a variance " commencmgatthetmtesspeci-: fled below v based upon a'disapproval is- ?L ( y 7:30 p m Appl #43(3(A & sued under Article Sec- - A 4 100-33 6 thc B ESTATE OF LORETTA on Q g P Bwlorn Ins d SENKO.:The ector ated2/Id/ ,applicant bas 96forabiuld rygpennittroyc - Sworn to before e this........a . On- day of filed two applications based sto upon the December 11, 1995 one accesso .......................................................................19 Notice of Disapproval issued rage in a side yard. at premises by the Building Inspector, in' known as 605 Knollwood Which; applicant wa`' denied a Lane, Mattituck, NY;.Connty building permift0 constmor a Tax MapPareelNoi1000-107 f one-family dwelling on vacant ..6-8. (Location in a rear. yard Notary Public land For the reason that lot is with a 15-ft. setback is re- nonconforming in lot size and quired)" BARBARA A. SCHNEIDER 8:00 has not been held in common P.m. Appl. #4365- - NOTnRY PUGLIC, State of hew York . ownershi since July 1, 1983 JOSEPHA. POTTGEN. square feet Also referred to as No. 4E0CS46 P Y I partof Lot Nos. 56-59 on the sisanapplication faravari Qualified in Suffolk County / Application sted area Thi Map ofNassau Farms, County Comn'iss un Expires 8 3J variance is requested under' ancebaseduponadisapproval File #1179 County Tax Map (3 Section 100-25 (and 100-24) issued under Article XXIII, Parcel' W No. 1000-104-2-3 based upon a claim of raeti- j Section 100-239.4B by the sepa- P Building hispector: dated 218/ (shown for 30-+ years on,c~ cal difficulties in the event a assessment ro P Pso 96 fora building permitto con rate waiver is not gtanted,under ! as 984'22 and 1042-3). - Section 100 26. The subject lot structa rear'deck addition is. shown to adjoining an- The Board of Appeals will withirt75 feet of existing bulk- I place bear any head. Location ofProperiy 550 at said time and other lot in common ownership Blue, Marlin Drive, Southold; and all persons or re- . presents- roved with a single-family I County TaxMap Parcel No. fives desiring to be heard in the ell" on a 15,857:sq. ft. 1000 57-27 r ii above applications: Written (See Proposed Set-Off mad 8.10 p ra App1, #4366 commentsma3ealsobesubmit- datedNov'13,1995, amended! ted prior to the conclusign off THERE Feb. 12,1996). SA KILDUFF. This Subject parcels is an application for a the subject hearing. The above. i identified as County Tax Map waiver hearings will not start before Parcels No. 1000=104-04-10 under" Section 100-26o f the the times designated, and are. and II at sterling `Road, zoning code, based upon adis in addition to otherhearings: It Nassau Farms, Cutcho ue, approval issued under Section g is recommendedthatthe file(s).- NY. 100-30A:2 and 100-31A(1) be reviewed before.the sched- I Application B: A waiver is dated 2/15/96 for a building uleddate ofthehearing forup i requested under Section 100-26 permit to construct a single- dates or new information. If 22 M for the lot as created by deed family dw dated elling on the grounds D l5 " tbatthis is one lot and onl you have questions„please also 2/21/58 at I fiber 4432 ( y one do not hesitate to. call 765• page 00, and further deed dwelling is permitted per lot). 1809. I , dated 9/24/90 at Liber.11155 Property referred to as Lot G Dated: February 16','1996 FEB 2 3 page 543, for parcel containing on the !'Map .,of ,Lots -of' BY.ORDEIZOFTHE, , i 20,297 s . ft. in area and 100.0 Raymonn T. Graham" shown q SOUTHOLD TOWN = ft. along the south. side of Ster= on survey dated March 27, BOARD OF' APPEALS ling Road', at Nassau Farms, 1957;andcontaming20,000 sq. ! GERARD P. Cutchogue, ,identified as, ft m area is shown;to'be in GOEHRINGER, Chairman County TaxMap#}000-104 4 common.-lownership with Lot "ByEinda1Cowalski B, also containing ZO 0,000 10. 1X2122/96(7) JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK e P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER_ Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER > `t OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: February 13, 1996 RE: Zoning Appeal Appl. No. 4363 - Estate of Loretta Senko Application "B" Transmitted herewith is Application "B" of Zoning Appeal Appl. No. 4363 ESTATE OF LORETTA SENKO together with a letter from Richard F. Lark dated February 13, 1996, the Application for Waiver Under Section 100-26, the Rider To Application for Waiver Under Section 100-26 Applicant's Reason, a copy of the deed, a copy of the Certificate of Occupancy, the Notice of Disapproval from the Building Department, the Application for Building Permit, the Notices to Adjacent, Zoning Board of Appeals' Questionnaire, the Map of Proposed Set-Off, a copy of the tax bill and a copy of the tax map. Judith T. Terry Southold Town Clerk LARK & FOLT9 ATTORNEYS AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOOUE. NY 11935-0973 (516) 734-6807 RICHARD F. LARK MARY LOU FOLTS February 13, 1996 Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Estate of Loretta Senko (SCTM #1000-104.00-04.00-010.000) Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1. Notice of Disapproval from Thomas J. Fisher, Building Inspector, dated 12/11/95 together with copies of the Application for Building Permit and map. 2. Application for Waiver of Melvin J. Crook, as Executor of the Estate of Loretta Senko sworn to on February 8, 1996. 3. Notice to Adjacent Property Owners with proof of mailing. 4. Z.B.A. Questionnaire. 5. Seven prints of the "Map of Proposed Set-Off Made for Loretta Senko" prepared by Roderick Van Tuyl, P.C. amended Feb. 12, 1996. It is my understanding this matter will also be on the March 6, 1996 hearing calendar. If you need any other information, do not hesitate to call. Very truly yours, Richard F. Lark RFL/bd Enclosures /J6 2dd~ ~Z_ ~ AP CATION FOR WAIVER UNDER S TION 100-26 k This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: Low-Density Residexitial R-40 District The size requirement for this zone is: 40.000 square feet per parcel. County Tax Map Parcel Nos: 1000 1004 - 4 - e10 I (aw), MELVIN J. CROOK, as Executor of the Estate of/ o we owne ra oI the contiguous lotx shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: RECEryEp 1. Copies of my recent tax bill for both (all) lots. FES 13 1996 2. Copies of deeds dated prior to June 30, 1983 for all lots. g^ `1@~k a 0 P 3. Copies of current deeds of the TOWO {i $py~d parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. KQ~~~~~,, y B Applic and Owne ) Melvin J. Crook, Executor (Applicant and Owner') Sworn to before me this day of February, 19 96 . 10 '0+ro"Ir BARBARA K HEFFRON My Commiseron CC29mi Notary Public iI c ExpeesJul. +s+99z Bonded by ANB ~~PV FIOA 800:852.5¢78 ..-a; A Waiver is hereby approved -4oo+rd- (delete appropriate action) based u?p he above entn. I ued by Board of Appeals 3/6/9 erard P. 6oehringer, Cheirman easons for application to continue on next page). zbata.w1295 APPLICANT'S REASON #1: SEE ADDITIONAL SHEETS FOR APPLICANT'S REQUEST FOR A WAIVER: APPLICANT'S REASON #2: (PLEASE USE ADDITIONAL SHEETS if needed.) RIDER TO APPLICATION FOR WAIVER UNDER SECTION 100-26 APPLICANT'S REASON Your Petitioner is the Executor of the Estate of Loretta Senko who died on September 28, 1994. The decedent, Loretta Senko, was the widow of Peter Senko who died on October 8, 1990. Peter Senko and Loretta Senko purchased a parcel of land on the southerly side of Sterling Road, Cutchogue, New York, which was 75 feet wide with a depth of 211.88 feet and an area of 15,857 sq. ft. on September 28, 1951 from George R. Tuthill and Helen S. Tuthill by deed which was recorded in the Suffolk County Clerk's Office in Liber 3275 Page 239 (SCTM #1000-104-4-11), a copy of which is attached hereto as Exhibit 1. On this parcel Peter and Loretta Senko in 1952 constructed a one-story frame house and subsequently in 1987 improved same by enclosing the porch and adding a deck, a copy of this Certificate of Occupancy is attached hereto as Exhibit 2. On February 21, 1958, Peter Senko and Loretta Senko purchased a separate adjacent parcel of land which was 100 feet in width with a depth of 211.88 feet and an area of 20,297 sq. ft. from George R. Tuthill and Helen S. Tuthill by deed which was recorded in the Suffolk County Clerk's Office in Liber 4432 Page 170 (SCTM #1000-104-4-10), a copy of which is attached hereto as Exhibit 3. On October 9, 1981, Peter Senko and Loretta Senko, transferred the vacant parcel (SCTM #1000-104-4-10) to Peter Senko by deed which was recorded in the Suffolk County Clerk's Office in Liber 9086 Page 367, a copy of which is attached hereto as Exhibit 4. On September 24, 1990, Peter Senko, transferred the property to Peter Senko and Loretta Senko, his wife, as tenants by the entirety, by deed recorded in the Suffolk County Clerk's Office in Liber 11155 Page 543, a copy of which is attached hereto as Exhibit 5. From my personal knowledge, I know at the time Peter Senko transferred the property back to himself and Loretta Senko he was very ill and was not using good judgment. The purpose of his transferring the property was to avoid having to probate any of his assets. Further, Loretta Senko was unaware of this transfer because for several years prior to her death she had intended to sell this lot to help defray her living and medical expenses so she could stay in her residence on Sterling Road. It was only after Loretta Senko's death I, along with my brothers, discovered this vacant lot was transferred back to both Peter and Loretta Senko when we listed the property for sale. Subsequently, we entered into a contract to sell the improved parcel (SCTM #1000-104-4-11) to one Jennifer F. Monahan for the sum of $115,000.00. It was at this point that the Southold Town Building Inspector informed me the lots were merged and we could not sell the lot as an individual parcel. Since the two lots have become legally merged under the zoning ordinance I am requesting the Zoning Board of Appeals to waive this merger and recognize the original lot lines before Peter Senko had mistakenly transferred the property back to both he and his wife. It is respectfully submitted the waiver right of the Zoning Board of Appeals will not result in any significant increase in density of the neighborhood as it will be just one more house on Sterling Road which was always intended by Peter and Loretta Senko. -~_~2~3- The granting of this waiver would be recognition that these two lots are consistent with the size of the lots in this neighborhood. Along Sterling Road which is an established residential neighborhood all of the improved lots have one-family dwellings. The vast majority of them are undersized by today's zoning standards in that the lots range 10,720 sq. ft. to 39,700 sq. ft. Twenty-one of these lots along Sterling Road contain 20,000 sq. ft. or less. Attached hereto as Exhibit 6 is a computation of the lot areas along Sterling Road as prepared by Roderick Van Tuyl, P.C. The granting of this waiver by the Board will avoid economic hardship to the Estate of Loretta Senko. As indicated previously the improved lot (SCTM #1000-104-4-11) is under contract subject to approval by the Board of Appeals. In marshaling and evaluating the assets for the Estate of Loretta Senko, the vacant lot (SCTM #1000-104-4-10) was appraised in the Estate as a separate parcel with a value of $65,000.00 and I have been informed by the appraiser as well as real estate brokers that selling the vacant land together with the house would only possibly increase the sale to $125,000.00. Considering this disparity of $55,000.00 the economic hardship to the Estate is obvious. The contour and slope on the lot will not be significantly changed in any manner nor is it contemplated that any filling of the land will take place. In the rear yard area on the westerly boundary the land slopes to a low lying area mainly on the adjacent parcel which for years has collected excess rain water before it drains into the ground. As seen from Exhibit 7, the proposed building envelope will be in line with the existing houses on this street and will not cause any fill to be placed on the property. The construction of a proposed house should not interfere or affect this drainage area. Estate of Loretta Senko Melvi Crook, E cutor ~,3v~3 c BOARD OF APPEALS. TOWN OF SOUTHOLD In dre Matter or the Petition of NOTICE ESTATE OF LORETTA SENKO TO to the Board of Appeals of the Town of Southold ADJACENT TO: Kenneth D. Poliwoda PROPERTY OWNER Peter & Loretta Senko John P.A. Marcin & wife i' C: YOU ARE HEREBY GIVEN NOTICE: r 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold l' to request a.(~kttdxittefsezd~~tf) Other (circle choice) Waiver t 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 20,297 sq ft parcel of land on the southerly si ao of - _Roadr Cutchoque New York (Suffolk count Tr ax Map No I' Sterling District 1000, Section 104 00 Block 04 On yflt 010 onn) - 3. That the property which is the subject of such Petition is located in the following zoning district Low-Density Residential R-40 District 4 That h~ such Petition, the undersigned will request the following relief: Waiver of lot mercer provisions to Article TT Section 100-26 Of the znninq ^rrlinan^e, ~i 1 _ - I 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article II Section 100-26 [ ] Section 280-A, 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 r examine the same during regular office hours. (516) 795-1809. 'y 7. That before the relief sought may be P,ranted, a public hearing, must be held on the matter by the Board of Appeals; that a notice of such hearing must be publisher) at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the t` is 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: February 1996 etitroner s U at of r to Senko Owners'Names:c/o Melvin J. Crook Post Office Address 3380 Holly Springs Road - Melbourne F1nr;la 2924-R~n7 Tel. No. ( 407) 255-0027 ( [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~ a r PROOF OF MAILING OF NOTICES ATTACH CERTIFIED MAIL RECEIPTS p NAME ADDRESS Kenneth D. Poliwoda 220 Cottage Place, P. O. Box 169 Southold, New York 11971 r Peter & Loretta Senko 512 East 83rd Street c/o Peter M. Senko New York, New York 10028 { John P.A. Marcin & wife 34 Harvard Street Garden City, New York 11530 ~ P 393 888 149 P 393 888 150 f P 393 888 148 ~ US Postal Service US Postal Service - US Postal Service Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail i. No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse Do not use for International Mail See reverse Do not use for International Mail See reverse Sentto Semto pxl!jE l & LORETTA SENKO Sent to KENNETH D POLIWODA C/o PETER M SENKO JOHN P.A. MARCIN & WIFE Streel&Number22U COTTAGE PLACE Street & Number Street & Number P 0 BOX 169 512 EAST 83RD ST 34 HARVARD ST Post Office, State, & ZIP Code Post Office, State, & ZIP Code Post Office , State, & ZIP Code SOUTHOLD NY 11971 NEW YO NY - GARDEN CITY NY 11530 Postage $ _3a Postage $ 3i Postage $ _ 7] Certified Fee O Certified Fee 1 Certified Fee Q Special Delivery Fee Special Delivery Fee Special Delivery Fee G Restricted Delivery Fee Restricted Delivery Fee - Restricted Delivery Fee f Return Receipt Showing to co Return Receipt Showing to Return Receipt Showin to i7 Whom & Date Delivered 1 Whom & Date Delivered it U g Q .n Retum Receipt Showingto Whom, .a Return Receipt Shoving to Whom, Whom &Date Delivered ) Re Date,& Addressee's Address < Date,& Addressee's Address Return Receipt Showikldmss m, i < Date,BAdtlressee's Address (a TOTAL Postage & Fees $ 0 TOTAL Postage & Fees $ Q, 5- J O TOTAL Postage ~ & Fees $ S a Postmark or Date Postmark or Date M00 p q Postmark or Date `y u! 6D l a Co a p i, STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) BARBARA DIACHUN residing at 875 School House Road, C utchoque, New York being duly sworn, deposes and says that on the 13th day r of February 19 96 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 the 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficc at Cutchogue New York ; that said Notices were mailed to each of said persons by (certified) prxptgtaaXd) mail. Barbara Diac un Sworn to before me this 13th I•. Ili day of February 19 f Notary Public 6 THEMESATHOWSON Notary pubrlc, State of Now York No. 4970322 " Suffolk Countlir 14 commission ExpresAug- 1% I= M i (This side does not have to be completed on form transmitted to adjoining property owners.) Lr 119IHX2, `J •O V) i, u^ M V~ t~, 1 lk N j C , b s v j m , ml IL a ~ oPK * do 9 88 ~ s S 9 °6 g I a y g LL U Y ' ~ i ' ~ d{6ey ~y s JLI~~i~w~lE3 x. t r i _ : a1 p n` 1 I - v v 40 Oil 4! r T. - j 4? v tr ~ ~ ZS - i z ~ I ~ N a L o , Ill' rdnv 1 5 L a s -lit 11 ° t7 ki Q: ~ ~j1 0 "J 11 Val ~3 b I , kl, 4 I ~ 4 ~ 111 , I1 r7 r` N D V1 1, 13, O.0 fQ, p r .0 Am 'As J ! t ! s., t w 1.~~. t s.. ~<i N+~l~.,r •~,,,~J.7ly •'.r" ,lr , _+i+...+.•...,, Pl. o b~'.S61. 04, yy OUcSTT_CNNAIRE FOR FILING WIT-- YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and anv other individuals (and entities) having a financial interest in the subject premises and a description of the- interests: (Separate sheet may be attached.) Estate of Loretta Senko Owner B. Is the subject premises Listed. on the real estate mazket for = sale or being shown to prospective buyers? { X} Yes } NO._ (Zf Yes, 2. -9 cOav of +'Cond±`4= " of sale_) C. Are there auQ -Proposals change = a?ter L-ad coma= ? { } Yes (X } No D. 1. Are there any areas which cant-in wetland grasses? No 2. Are the wetland areas shown on the map sul-mi.tted with this application? Yes-, a drainage pond. 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pand areas, have you contacted the Office of the Town Trustees farts dete__r.m=at=on of jurisdiction? Yes E. Is there a depression or sloping elevatT'on near the area of proposed construc}ioa at or below five feet above mean sea level? _n LA (If not applicable, State "N.A.") F. Are there any patios, concrete barriers, bLLkheads ar f°nr-< which e°' .t and are act shown on the survey map that you Are. submitting? None If none exist, please state "none-" G. Do you have any construct ion taking place at t. 'is time concerning your premises? None If _ves, please submit.a copy of your building permit and man as approved by the Building Department. If none, please state- A_ Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit conies of deeds- I. Please list present use or operations ccnducted at this parcel Vacant Land and proposed use One-family dwelling Estate of Lore a Senko BY / 3 96 Aucnar S_g^ztn=_ ne Dzo~ Melvin J. Crook, Executor 3/87, 10/901k r § 97-13 WETL ~.UDS § 97-13 TOIVN - The Town of Southold. TRUSTEES - The Hoard of Trustees of the Town of Southold- (Added 6.5-84 by L.L. NO. 6-19841 ci -UMS [Amended 8-26-76 by L T. No. 2.1976-.3-26- 85 by T I_ Na 6-ISSSj A i1DAL WETLADTDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters. or lands lying beneath tidal watem 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, meadovm 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 9374=4 saltworts, sea lavender, tall cordgmss, high bush, cattails, groundseL m=zh.. _Wow and low mart:.°r cordgrsss.and/os. (3) All land immediately adjacent-to a tidal wetland as defined in Subsection A2) and lying within seven- ty-five (75) Feet landward of the most landward edge of such a tidal wetland- 3- F'IES; WATER WETLANDS. (1) "Freshwater wetlands" as defined in Article 244, Ti- tle L. § 2:-0107• Subdivisions 1(a) to 1(d) inclusive. Of tls Eavironmeriml Conservation Law of the State of N, e- Park; and All !and immediately adjacent to a "L-eshwater :veo- land.- as defined in Subsection B(1) and (ping with- in seventp-five (75) feet landward 8f the most land. war: edge of a "rreshwater wedard." 9705 z s-as FORM NO. 4 . TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector r Town Hall Soutbold, N.Y. Certificate Of Occupancy No..?.-1621.2........ Date Se tember.29, 1987 THIS CERTIFIES that the building , AL'1'ERA'1'ION & ADDITION To EXISTING PORCH DECK ADDITION Location of Property .950, Sterling, Rpad, , . , (:utchogue,,, New York House No. Streer Hamlet County Tax Map No. 1000 Section ...104. , , ,Block 4 ...............Lot ....10............ Subdivision ..........Filed Map No. ........Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated August 13, 1986 ' ' ' ' ' ' • • • • • • • • • . • • . pursuant to which Building Permit No. 15 183 Z dated ..August 13, 1986 ' ' . ' ' • • • • • • • • • . • • • was issued, and conforms to all of the requirements of the applicable provisions of the law. 'file occupancy for which this certificate is issued is . ENCLOSURE & ADDITION OF EXISTING PORCH & DECK ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to PETER & LORG'CTA SENKO (owner. ~'el(St~e3v~k . of the aforesaid building. Suffolk County Department of Health Approval ,N ~A UNDERWRITERS CERTIFICATE NO N8 10868 PLUMBERS CERTIFICATION DATED: NSA 77 02_ B ing Inspector Rev. 1/81 a EXHIBIT , i i Simd 11. I.U. F.,. 8007 6-57-I5M-B.,S.m and Silc Deed, wish Cove naor against Crmm+'e Aas-individual of C.q.... i.. O it + CONSULT YOUR LAWYER B±F IGNING THIS INSTRUMENT-THIS INSTRU SHOULD BE USED BY LAWYERS XLY. I u~rTV.V vArf 170 ' j THIS INDENTURE, made the %day of February , nineteen hundred and fifty-eight =i BETWEEN GEORG,, TUTHILL and HELEN S. TUTHILL, his wife, residing at Cutchogue, Town of Southold, County of Suffolk and State of New York, AIM party of the first part, and F T'Ln Lr~,1KU and LORETTA ShNKO, his wife, residing ri at 84-53 Dana Court, iie, o j urk, Nler York, I fi party of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00100------------ , 1.00 ) dollars, lawful money of the United States, and other Food and va luabIs eonsiderst ionpaid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being kmhir near Dlassau Point, Town of Southold, Suffolk County, Nev., York, bounded and described as follows: / BnGIit;idING at a monument set on the southerly line of Sterling \b y~/ Road 75 feet westerly along said line from the northeasterly corner O of Plot 140 as shown on "Nap of Nassau Farms" filed in Suffolk County Clerk's Office as 1•iap No. 117,9; said point being the northwesterly corner of` land of the party of the second part, South 160 25, 3011 Last 211.88 feet to a monument; thence alonL land of May, South 790 121 10" West 100.0 feet to a monument; thence along other land of the party of the first part, North 160 301 10" West' 195.50 feet to monument on the southerly line' of said Sterling goad; thence along se:id line of Sterling Road, North 69° 11b, 50" bast 100.0 feet to the point of beginninG. TOGn'iHLR 'with' all the ri_Lt, t11 7~ !,nd interest of the parties of the first part of, in and tq Lt,sL }onion of Sterling Road adjacent to said premises to the center line thereof. U IBIT 3 J k. LIBER44 32 Pm 11/1 GETHER with all right, title and interest, if any, of the party of the first part in and to any streets and oads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ,r - 0 i i AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN 1'Ri-SFNCF OF; Geort;e''R. Tuthill He en S. Tuthill ',lft;R`.IE` L)4 PMF 114 STATE OF NEW YORK, COUNTY OF Suf: •~k s::_ STATE OF NEW YORK, CO 'Y OF yy; On they `.day of February 1058, before me On the day of~ 19 before me pers-mally ame R. TUTHILL and personally came HUL"'. S. TuTHILL to. n)e known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and !acknowledged that executed the foregoing instrument, and acknowledged that tl,ev executed the same, executed the same. STATE OF NEW YORK, COUNTY OF as: STATE OF NEW YORK, COUNTY OF as: On the day of 19 before me On the day of 19 before me ; personally came personally came t to me known, who, being by me duly, sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that be resides at No. f that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that be, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. j cc'-, ~l A Co a d? 6 W W F W CZ a K 'C N EO+ C W dz H~ ,4 0 :Z) "Itl m Y x V •.,4~ 1 `t z p o •.oa o v Qty ti'' O LL F f A u v o G a 0 44 tY¢ v o C o~` C7 F. t U a x`.. zCd 'Z3 N X 0 u a .44 e) Q O Q i'd '4 -0 0 94 P4 0 Z o ate) U F. to U 0. r i Ch ~ •t7 z C.'~Y ~ i V 0 • K I r) U FEB 1~~8 .,M ALEX JAE6ER 0 6lytk of Suffolk County LL N N_ a y4 1 t n. i standard N Y It. I. U. 14rtm NIIIIf .9-Alm -Ilarailn aprl lalealttJ. with Covenant igalnv Gn \Ae"-Indlvid"alm CminnariarLfaiuBle nhttr) ~ •14.1. N. Y. S CONSULT YOUR LAWYER RE SIGNING THIS INSTRUMENT-THIS.INSVENT SHOULD 01 USED BY LAWYERS ONLY. S. Transfer .Tax $11.00 THIS INDENTURE,nnade„tbs_ 9th. day of October , nineteen hundred and eighty-one BETWEEN r 1,11 .^,LIII{0 and LOP_C,'L:I.'A-SrNxor his wife, residing at (no ll) Sterling Road; Cut.chtiur, New York party of the first part, and PLTL'R Srlli<.O, C residiny at (n0 If) Sterlitg Road, b 'utcitorluc, New Yorh--- 1 E r party of the second part, WITNESSETH, that the party of the first art, in consideration of Ten Dollars and other valuable consideration r1 paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs ry or successors and assigns of the party of the second part forever, ALL that certain Rlot, piece or parcel of land. with the buildings~ and im rovements thereon erected, situate, ~ I fngand being_fii,thZ Dear t assau Point, 'Town of Southold, Suffolk County, 14(mv York, bounded and descr.:il.:etl as follows: L`Ic.%1ll'1?1'i; al- a nonnrnent t;ot on the southerly line of Sterling L.+ Road 75 .feet. westerly alotul said line from the northeasterly corner of Plot 140 as shown on "fine of Ilassau Farms" filed in Suffolk County Clerk's Office as flat Ito. 1179; said point being the northwesterly corner of land or the party of the first part, South 160 25' 30" East 211.88 .feet to a monument; thence along land now or foriuerly of flay, l;o,.nth "1io 1,21 10" lgest 100.0 feet to a monument; th-_-ziee along other laiiO now or formerly of Tuthill, North 160 30' 10" West 195.50 feet to a monalm-!.11t on the southerly line of said Sterling Road; thence along said line of Sterling Road, tlorth 690 " 48' 50" 1?ast 100.0 feat to '.he 00int of heginn.1r.3. TOGET11ISR with all the right, title and interest of the parties of the first part of, in and to that portion of Sterling Road adjaocnt to said premises to the center line thereof., ,,T'111c AUL) I11TEUDrD TO 111:; the, same premises as conveyefl to the party of the first part by cleellelated February 21, 1958 and recorded in thn Suffolk County Clerk's Office on February 26, 1958 in Liter 4432 Piye 170. O~P~ l.qc l98~ .I,n r)w•xpn QG$6 367. TAX MAP DESIGNATION Dirt. 1000 TOGI?Tl ll'sIZ with nll right, title and interest, if any, of the party of the first part in and to any streets and 104 roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances ~e• and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of " Illt. 4 the party of the second part forever. 10 Lot(: AND the party of the first part covenants that the party of the first part has not done-or suffered anything )t whereby the said premises have been encumbered in any way whatever, except as aforesaid, s AND the paity of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the the first part will receive the consideration for this conveyance and will hold the right to receive such consid- <T cration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total-of the same for T n other purpose. e word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WIT NESS WHEREOF, the part of the first y part has duly executed this deed the day and year first above written. .'1 IN PRESENCE OF: !s/ Peter Senko Loretta yen .o 19MIR'I'T y 'AQ a UAW M UU VWA COUNT « i alfbw COT r lAlwi. Y edLelh wr u, Q 21 dM ,y ,~sp~iaber 1990 . Felm. me 0. tM Aer • 1 i9 . 6o1en mu M•w••ll. ne,r 14tH srxa+ Irr«m.lly anv i m r Lwow. n• M d, mdiva.al dw,iW in and who in mr known 1.. Iw d, indieid.al d.Mbed. i. and who ra de 1•rr~p•,6F imnumrnt. .nd arknowkde«t has dw f., ing inalrvment, and .dsowledP4 dat thoy r.w.twd W saa. r.r~uMd d,e same v ~!1~ l/ hOSr.%t pBrrTp„kRe, BMn M I,ae Vbb w ~emr ONIVIRed OlwYlrk+. Bien.: : r' N. 19Jt WA" M IN TOM. COIMtt e w VA9g M ww raw. COUNT M w t, 14 dr day d 19 . 41om tm On the day of 19 6edme se By e a Pa. e e. Fv . " M d.1 ba, jd a N a duly .wmn, did and th h.6.e.. pe "any to nlad, wb frYUmm4 WA fJ whom I .m n.,andy y .inp~a. M ddP d.1 ,widra .won. Aid dej a and my th.l he ha ,e.Mb y~~ N ~No. da 1.. dr d da h, know. the r"R onti.. d.,iFed m awl which raeralnd 0. foreeoi,g iaanm,emi that he to he de indfvidud IM.. tb rd nl said Corporation; da the Cal Ifi"d dmtibed in and who ewuted the loregeing imtrum ak; M acid inat.uwnt a .sash c"Pamm and; that it -as Re that M. said miwribing whnam. was pte.ad aRd sw ivd b mdm of de bo.vd of dineton of said oorpon. a avoe tb saa; and Ow bat said WitO ee. ti.a .tl d.a he dpwd b w. 1M.w by lib onlar. at the name their a.bn+ibed h Ruse m wimw deewe. x. i~pB I1M' Wk Nab grerm 10/00 sn. Oat.emT Am~ GutOde Am 5UX:K Tau NCO' Iar 010000 MUNTTVVgR Suffolk PE" Sam TO,. PPM SVTW AND W FIRM M2W, his wife UNTUM DT "M401 Cynthia Rosickt, Esq. 215 Bedford Ave. Brooklyn, New York Itall 718-387-1951 17y ll. i g 0 7 a AIHI•.nr~ll111S 1wIYNUq .I .',li 7M03 U6, ua IA 130 z CFO , rakmAT row uwre asfml ealmn wo elm a -5116 trpx/Olr woala M wo w iaw"u i ` TM YOEInVW alas on 241th day of Blgtsbar ,.a%." band end Musty . IKiWfmd PC= S@!1W i flow. ~ .a 950i Sterling NRed 0ttt 6 New Yokk' w OCl"19 1990 r TRAN FFR TAX` P" of din fir wt, MA W O K " MM Sffatl AM LOUNTA S8ile1, his wit 950 Sterling Rosd s..' - ordn9m, "MP Volk _ ri pant of tlr.ecwd pill. wrlfllESSEfM, 1=6=4 lM file n, in ewaidwidiw ol'rm Ihllaa aml alb'vah" A. paid h) IM pill{ pan. don on snal and terms mlw lha pally Of du and pnh Yte It, n and a..ilrn of dial pan) of the ./ooa pan hmw. menod~ ALL that tanatn pIw. are o ,eel r~l~nntIwr. lp inarld r ftMWdWV, hilt' and halal iY~ ~ ~ssau Nlv York, banded and described as follows: MMM DIG at a Plonivlent set on the southerly sift of $tAwlltg Roid 75 fast + w#'li 7'lflti~,t~yAOwfl- twestsr;}Y: along mid line from the northeasterly co we on Felled' filed in Suffolk Oaulty Clark's Offi fs, aV A ~ "a 1 ; being the northwesterly collar of of the; 16 degrees 25 feat 30 minutes asst. 66 f S,nlOk or fcemrly of May, south 79 1 /DtJ't' alos a nti thetoe 410401 lter' d": ~ Od kA„$ dagcees 30 Test 10. minutes west 19t 9 feat to ,Um of said Sterling Rotll tketcs slag sold'! O° "tapsth' 69 degtees 0 Get W sashes ant 100.0 f fQ; L~90 ~'rlth:all the right, title and interest of the party of party a+eiR:and,to. that portion of Sterling Road adjacent to said to t~RalE St line 'thereof. u i 70 BE the same premises as ovrveyad to the • i#~f~ ? f d dated Mtcb r 9, 1951 and reanded in the 8u1.. FN, 1 C VOfftgw,.tfi OOtober 19, 1961 In Libor 9086 page 367. 'z r ~14in+iia3 zJ ~ Ip g i~ MAMMA : with all nsM, sad it flat A Ib, pares ,d tM hrN {Walt In, toads ahunin/ tlw al nve de.wrlheA prnniu t th e,or I Ih ail: IlN 55"1 1 and sit the lent' wn1 ttshi. 4 the 1 uh If th am I t .r I 1 a I puma.., TO RA'y 'A1l the p/mti«e~'ManYtttnned un~, iL: pu r. I J d p.~l r. and oN}Ant"atuat puith i~? ~ lhr fltrnnA latl kamel INDOWl,"tt If Stir Ilia p.,1„ ...Lm J,. Lin. ,I I. h.~•t L.., 1-a. .r .,rr8efed anNbinlt~Wwy'MhY ` I.wtA prrur M 1 n 1 1 r... Ir ,•nl -1 1 t'* IttM iesq, f rM h t { . I 1 , 1 l tAat lire "Ay 'i 00 brat pn 1 di teY r rb. I, 1 1 a L .I I t. r l t wdi iiii iMeaf.an as a I,uUtoM apirliad r,al 1 1. 1 I, 1 I11 1 .1 riN spp114Nfha~n,,a4Wkeww wo- lM'palt4mSa+thrrwl o• rF i 1 1 1, r. I 1 r 1 1 / Ih flaw let iwN "'P'°• II the wnrA "pins' ph.ll 1+ 1. I rill { 1 1..., 1 Ih a mdennvMaa ' .;a•i C iY W"9W WHEREOr. 1. r a. h,. r..1 t.x_ 1 .,I,a d„d..d Ihe,bk<iWdf 3en rd!e+'e ~ ~'P / i attn. 1 Iw taRnar~k nt: / ,;f k IV 1 ++fl~u EXCHIB& 41 +y FORM 581X N. Y. DEED-Full Cuv witL Lien Covm.ani TUIBLAN% srzww s r i oro,cc (Lawa of 1917, Chap. 8t P 927, Lew. of 1981 I It, 16 Tuttle Ldw Print Publishers Ru//and Y/ AZOV State New Yanr?: l } ss. County y of Recorded on the day .lfade the J h (lay of u 4tQ k, of .4. D., 19 at o'clock X. in liber ,Yineteen Hundred and Fifty-one of DEEDS at pace and examined. Between GEORGE R. TUTHILL and HELEN S. TUTHILL, his wife, residing G'lerk at Cutchogue, Suffolk County, New York, parses of the first. part, and PETER SENKO and LORETTA SENKO, his wife, residing at 84 53 Dana Court, Middle Village, Long Island, New York, as tenants by the entirety, parties of the second part, Witnesseth that the part ie s of the first part., in consideration of Seven Hundred Fifty and 00/100--------------------------------- Dollars (r~ 750.00 ) lawful money of the United States, paid by the parties o th .ie` s`J`a`/ )(%i's`lor herec is x n' and release unto the parties of the second /5 a.nd nt e survivor r3 suc ~RWA-sieas orever, all J ALL that tract or parcel of land situate near Nassau Point, `town R~U of Southold.,;;Suffolk County, New York, being a part of Plot No. 140 v\ on a certain map entitled, "Map of Nassau Farms, situate at Peconic, 111777/ f Suffolk County, New York, Otto W. VanTuyl, Licensed Surveyor, Greenport N. Y." filed in Suffolk County Clerk's office on March 28, 1935 as and by Man No. 1179 and being bounded and described as follows: I Beginning at an iron bolt set on the southerly line of Sterling Road at the northwesterly corner of land of Ellis and the northeasterly corner of the premises herein described; and running thence along said land of Ellis, S. le 251 3011 E. 211.88 feet to a concrete monument; thence along land of Cometh, S. 69° 45' 50" W. 75.0 feet to a concrete I monument; thence along other land of the parties of the first part N. 16° 251 3011 W. 211.88 feet to a concrete monument set on said south- . i erly life of Sterling Road; thence aloni staid southerly line of Sterlin Road, N. 69° 481 50" E. 75.0 feet to the point of beginning. Together with all the right, title and interest of the parties of the first part of, in and to Sterling Road adjacent to said premises to the center line thereof. I!' i j U ~ _ IBIT I . ~ , 24 Together with the apps ena.n.ces and all the estate and rfts of the part Ses of the first part in and to said prem,i.ses, To have and to hold the preen.T8 11rarie~u drbuttgd unto the parties of the second part and the survivor of such party an his or /anal assigns forever. li 0 And said parties of the first part covenant as follows: First, That said parties of the first part are seized of said premises in fee simple,, and have -dood right to convey the same; Second, That the parr ies of thr seeuarl part shall quietly eu,joy the said premises: Third, That the said premises are free from i.n.cu.mbrances: Fourth, That the parties of the first part will execute or procure any further necessary assurance of the title to said premises: Fifth, That said parties of the first part will forever Warrant the title to said premises. Sixth, That, in Compliance with See. 13 of the Lien Law, the _drantor will receive the consideration. for this conveyance and will hold the right to receive such consideration as a. trust fund to be applied first, for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost, of the improvement before using any part of the total of the same for any other purpose. In Witness Whereof, the part i e s of the. first part have hereunto set their hand s and seal a the day and year first above written. ~Jnprestwr of ee oc„rr'ge u -1~e iq pl I'I en~-'Irai t COMM QQ State of New York l On this c~ p day of J ss' ,1^i.net.een Hundred and Fifty-one County of Suffolk before me, the subscriber, personally appeared GEORGE R. TUTHILL and HELEN S. TUTHILL, his wife to m.e personally knounJ and knounr to me to be the same, person 8 described in. and who executed the within instrument., and t lacy severally acklioruledded to nie that thCy exeented the same. n )2 .Notary Public ; . 1. E C OCI 10 J 1` ~l R.".J it S CLERK Or . , c, _r. ~puNTY ewe OWL vat. FULL COVENANT WITH LIEN COVENANT _ GEORGE R. TUTHILL :Oafl, and wife TO _ OCT (~I rp a s 't f, r PETER SENKO 0 and wife September 28, 51 i' I i Southold Town j a Record and return toJ Wickham & Smith Mattituck, N.Y. Page 3 - Verbatim Transcripts D Regular Meeting of March 6, 1996 Southold Town Board of Appeals als j without changing any of the contours of the land. Nor will it require any fill. Nor will it effect the natural drain which is in the rear of the property, and on the adjacent property. So, it's submitted that it will not be in the environmental impact by allowing a house to be built on this. So considering that in mind, any further adieu, I suggest to the board that this application does fall squarely within the criteria, and if the board has any questions I, Mr. Senko or the real estate agent can answer any questions we will, on that particular phase of the presentation. CHAIRMAN: When was the house built. MR. RICHARD LARK: The house. CHAIRMAN: Prior to 63. MR. RICHARD LARK: Oh yes, the house on the adjacent lot was built, I think the lot was purchased on 1952, and the house was built shortly thereafter. The house was constructed prior to zoning, yes. CHAIRMAN: Thank you MR. RICHARD LARK: There is an addition put on after zoning, with a deck in the back. That was done later on the house itself, and I think you have copies of the certificate of occupancy. CHAIRMAN: Right MR. RICHARD LARK: On the variance application. CHAIRMAN: OK, we'll start with Mr. Villa. Mr. Villa, do you have any questions. MEMBER VILLA: Well, you said something about value. Do you want to put that into the record? MR. RICHARD LARK: OK, I was going to do that on the variance application but I can do it here. There is a contract to sell the existing house as it situates there on the lot next door for $115,000.00. When the, Mrs. Senko died, Loretta Senko, died the estate appraisal for the vacant lot was $65,000.00. The real estate agent tells me that if the vacant lot was added to the improved lot, it would only bring up the price of about the whole kit and caboodle to $125,000.00 as strange as that may be, because you couldn't use it for anything if the lots were merged. So, it's fairly clear and the broker can talk about that more in length if you want Mr. Villa, but it's fairly clear then. You've got a $55,000.00 spread here, based on appraisals, and what there is and outstanding valid contract to sell the one family dwelling. MEMBER. VILLA: I just wanted the numbers, that's all. MR. RICHARD LARK: OK, I was going to put that in if you wanted me to go through the criteria of the variance application. Do you want to do that now? M Page 4 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Well, let's go down the line first. Mr. Dinizio. MEMBER DINIZIO: No, I don't have any questions. CHAIRMAN: No questions. Mrs. Tortora. MEMBER TORTORA: One of the things that you had said on your application that deals with the contour, and that little dip on the property in the back. Is that, the new building envelope would follow the lot, you know the setback of the existing house adjacent to it, the existing house, and I wondered if you had any problem as putting that in as a condition. MR. RICHARD LARK: No, none whatsoever, none whatsoever. MEMBER TORTORA: No filling. MR. RICHARD "LARK: No, that's not a problem either, because I did talk to both Peter Senko who's here with me tonight, and the surveyor who I have located, and he said, there would be no problem locating it. In fact, the actual construction of the house practically from a foundation standpoint would be very similar to the house to the West. The back yard portion, the foundation would be mainly exposed. You would be digging into the hill if you would. That type of thing. MEMBER TORTORA: As long as you wouldn't have any objection to making that a condition. MR. RICHARD LARK: No, I said no. No they would not. CHAIRMAN: Serge MEMBER SERGE: No. CHAIRMAN: Now you may continue if you wouldn't mind. MR. RICHARD LARK: OK. Now the application A which was started and that was really mainly on the behest of the building inspector, because he insisted that a variance be done, because the waiver requirements were not finalized at that time. So originally, we applied for area variance, and if the waiver is not granted by the board which I submit. That would be the most practical solution to this problem. Then the request is for an area variance due to this inadvertent merger that took place when Mr. Senko right prior to his death, did this deed. To grant an area variance as the board is aware, the statute under the Town law 267 has been changed, and you must take in the following criteria. The benefit to the applicant in this case. The estate of Loretta Senko. If you grant the variance by allowing two lots as originally envisioned, the benefit is obvious, and there mainly economic. As I just explained to Mr. Villa. The estate is presently under contract to sell the original lot, which is improved by one family dwelling for the sum of $115,000.00., and the contract of course is contingent on the board granting a variance. As I explained, that there was an estate appraisal for the vacant lot, which is $65,000.00 so the economic benefit. This economic Page 5 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals benefit weighted. again the detriment to any of the health, safety or welfare of the neighborhood. It would be for the board to determining in granting the variance. I submit that there is no detriment considering the criteria, five criteria set forth in the statue. Whether the first one, whether an undesirable change will be produced in the character of the neighborhood, or a detriment to the neighboring property, if a variance is granted. I submit, there is no detriment by granting this variance, and permission to build an additional house which was visually envisioned, and primarily enjoyed by the rest of the neighborhood, which is today undersized lots. If the variance is not granted there is no other feasible method to grant the petitioner relief, unless of course, the board does grant a waiver, and it's submitted that the request for an area variance is not substantial when you consider the neighborhood. The two lots are undersized : by the R40 or 400, 000. square foot requirement, being 20,297 feet. The vacant lot and the improved lot 15,857 square feet. So when you look at the undersized lots in the neighborhood, these two lots fit, are very compatible with the size. Are more or less an average size considering both Sterling Road, and the lots running on Bay avenue, because the lots size run all over the place. But the 20,297 square foot lot is very average, and the 15,857 is only slightly undersized when you look, when you average a square footage of the lots. 4. It is submitted that there will be no adverse impact on the physical or environmental conditions in this neighborhood by the allowing of the construction of a one family dwelling on a vacant lot. 5. Sure the difficulty of this merger was a self imposed or self created. But when you consider the circumstances of this sick elderly man Peter Senko, without competent counsel, doing what he did. I think the board as the statute said, although relevant it is not necessary preclude the granting of a variance. It was written right into the statute by a Legislature. So, I respectfully submit that in the interest of substantial justice that a variance be granted. In other words, using the balancing test which the statute creates by setting forth this criteria, I believe considering all of the factors as stated in the full petition, which you have before you, and considering the neighborhood itself. I believe it proper for you to grant the petition for a variance. CHAIRMAN: Thank you. Is there someone else that would like to speak, either the real estate broker or Mr.Senko? MR. PETER SENKO: Yes, I would like to say a few words. CHAIRMAN: Oh, Good evening Sir, how are you. MR. PETER SENKO: Good evening. Good evening everyone. I'm going to be brief. I'll tell you who I am. I'm Peter Senko, and I've lived in Cutchogue most of my life, my young life. I'm a graduate of Southold High School in 1964. I'm going to get right to it. This merger that occurred, was news to my family, and only became known to us after our mother's death. Not after my Father's death. My Mother dies, it will be two years in September. She died in September of 1994. My Father died in 1990, Page 6 - Verbatim Transcripts V Regular Meeting of March 6, 1996 Southold Town Board of Appeals October 8, 1990. My mother in the period after my Father's death, failed, and she failed quite rapidly. At one point, knowing that we would need alot of money to take care of her, as she started to deteriorate. I hadn't a clue that this had occurred. We always thought that that lot, was a separate lot, a building lot. At one point I even listed it for sale, thinking in the future I was going to need monies to take care of my Mother as she grew progressive worse. Finally, my Mom passed away, and my brothers and I decided that we wanted to sell her house, and I proceeded, and it was only brought to my attention within the last year, that these lots have been merged, and that brings me to the point that. Whatever my Dad did at the end of his life unknown to anyone in the family. He engaged an Attorney who is his niece in Brooklyn, and it must have been on his mind that it would be simpler for my Mom to carry on, without going through whatever machinations go on in real estate, that everything was hers, and put back in her name. It was a big mistake. I'm begging your indulgence in overlooking that, and grant this disclaimer. CHAIRMAN: Thank you. Let me see, does anybody have any questions? Any questions of this gentlemen? No, thank you so much MR. PETER SENISO: Thank you CHAIRMAN: Anybody else Mr. Lark? MR. RICHARD ABATELLI: Yes, I'm Richard Abatelli from Abatelli Real Estate. Yes, we do have a contract as Mr. Lark stated for $115,000.00, and I am a licensed and certified appraiser for the State of New York. Although Mr. Lark has a separate appraisal indicating what the value is, for the lot. Either it was not merged. I can attest that this is fair value $65,000.00 for a separate lot, and if in fact the lot were merged, the value would be minimal above what the value of what I received in the contract presently. A fair value of about $10,000.00 is a fair representative of what the increase, what the improvement would be on the property behalf. CHAIRMAN: Thank you. Is there anybody else that would like to speak in favor of this application? Is there anybody that would like to speak against this application? I know there is one letter in the file. You're very welcome to use the mike if you would. If it's not an imposition. Just state your name. MR. WILLIAM WAGENPHASS: My name is Richard Wagenphass. I live on Sterling Road. I take exception to Mr. Lark's categorization of the lot being a typical size lot on Sterling Road. My lot is in excess of 60,000 square foot, three lots away. Now I'm sure you have an overall map which indicates This probably shows the school ( ) on the map. There a numerous other houses on the block, several which are larger than mine. I don't think that the lot in question is typical at all on the block. When you say average, although I haven't looked at every house. Is it correct that both lots in combinations fall short of the R40, the current R40, 20 and 15. CHAIRMAN: It looks like it to me. That is correct i Page 7 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. WILLIAM WAGENPHASS: It would seem to me Also, is there an indication of the wetland involved, with the pond and the birds and all that sort of thing. CHAIRMAN: Your welcome to make your own determination. Here's the map. MR. WILLIAM WAGENPHASS: No. MEMBER TORTORA: Is it on the property in question? MR. WILLIAM WAGENPHASS: Part of the grade, part of the water flow from the lot into the pond. That's a very sharp picture. MEMBER TORTORA: Do you want to take a look at it? CHAIRMAN: It's down in the corner. MR. WILLIAM WAGENPHASS: Where the pond shows in the lower left hand corner. CHAIRMAN: That's correct MR. FRANK ANDERSON: Well, right now. MR. WILLIAM WAGENPHASS: You're not showing the pitch. CHAIRMAN: It's not a ( MR. FRANK ANDERSON: It's evidentially here, but it looks like it's much deeper or more of a pond right now then what shows on the map. MR. RICHARD WAGENPHASS: There's alot of water in there. That's all I wanted to say. CHAIRMAN: OK, thank you. MR. FRANK ANDERSON: I also live on Sterling Avenue. MR. RICHARD WAGENPHASS: He also has a lot considerably larger than R40. CHAIRMAN: Thank you. Is there anybody else that would like to speak against. Sir. MR. KENNETH POLIWODA: My name is hen Poliwoda and I live west of that lot that's being divided, and I find it They had alot to say here tonight but alot of it was said because. It's just not right what they are doing. They're taking a lot or a whole street of lots on this size, which according to a lot. Let's say this size, an average size, and now they are breaking it up into this size lot. Where actually they breaking one into one third, and two thirds nest to me. They are trying to get it as big as C Page S - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals possible so that they can get a buildable lot out of the whole deal, and it's just not right. Especially, now that you have a wetland involved, and a pond which is behind my house, and probably consumes half my property. Maybe 20 feet are there's. That's a considerable grade and there is alot of wildlife in that pond. There are ( red hawks, all kinds of frogs, all kind of animals, and so by building on this lot, I can't see how they can't be environmentally impacted. By taking away from the natural flow of the water in that pond. On my deed it says, that pond is there. It's natural drinking water. It's not that. I gave a phone call to DEC, and they came up with. That it's going to be analyzed, but as right now that has salt water marsh. So they must be--. They figure salt water intrusion into that pond plus, fresh water drinking water underneath. By their laws that--. I don't know if this lot has been subdivided yet. I don't know if that one( ) but under the salt water division, subdivision is in the salt water territory, and it required 300 feet of new building, unless you get a special permit. As for fresh water, it's a 100 foot boundary. It's just considered ( )fresh water. I believe the Town has a 75 foot boundary. CHAIRMAN: That's correct. MR. KENNETH POLIWODA: So, therefore that would be three permits right there they'd need if this lot was considered fresh water and salt water parcel, and I think it's just not right what they are doing. CHAIRMAN: Thank you. Anybody else would like to speak against. OK, thank you. I do have one letter in the file also, that's against. Mr. Lark anything you would like to wrap up. MR. PETER SENKO: Right, I'd like to say a another couple of words here regarding that pond. The area of the property first of all dries up every Summer, and I recall the lot in back of the property that we're talking about. It's now owned by the Marcin family, I believe it is. It used to be owned by a family by the name of May, and I would think that half of the back yard of the Marcin parcel came out of that runoff in the Summer. Mr. May would go there, and dig out the dirt, and use that top soil for his garden. He had a big, big garden in the back there. To me, it's a run off. It dries up in Summer time, and the house that's to the West of that lot. My goodness, I know that house and I've been in that house and if you're talking about not doing the right thing. That house sits right on that pond with about maybe 10 feet from the edge of that runoff. So, I object to that, and that characterization as to what we want to do. We would be way far away in our construction. Whereas the people objection to this, is right on top of it. I don't quite see the logic. That's what I want to say and I want it to be known that that dries up in Summer. There is no question about it. CHAIRMAN: Thank you Mr. Senko. Yes Mr. Poliwoda, could we keep this relatively brief. MR. KENNETH POLIWODA: Yes, I just like to rebuff that. It doesn't dry up. It's actually, on my map of my deed it's 10 feet, two spots in that pond so in no way it dry up. It forms a green moss which is very healthy. Page 9 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Thank you, ok. Hearing no further comment I make a motion. Anybody have any other questions before I make a motion. MEMBER VILLA: Close the hearing CHAIRMAN: I make a motion closing the hearing and reserving decision until later. All in favor. 8:03 p.m. Amended Appli. No. 3649 - CHRISTOPHER CONNORS. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/8/96 for a building permit to construct single-family dwelling with an insufficient front yard setback, Article 111A, Section 100-30A.3., and the subject to obtaining approval from the Southold Town Trustees and other appropriate agencies, concerning premises known as 350 West Drive, Southold, NY; County Tax Map Parcel No. 1000-59-5-29.3 CHAIRMAN: I have a copy of a survey indicating a proposed house to be constructed approximately 26 feet from the public road, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Connors, how are you tonight. MR. CONNORS: Good CHAIRMAN: Pleasure to meet you. Mrs. Connors, how are you. MR. CHRIS CONNORS: Yes, I am Chris Connors and this is Eileen Connors, my wife. CHAIRMAN: This has been a long process. MR. CHRIS CONNORS: Oh, has it ever. MRS. EILEEN CONNORS: That's an understatement. MR. CHRIS CONNORS: It's been a 9 year old deal, and we hope the board will grant us this variance so we can finally build a house that we planned on doing about 9 years ago. I'm sure, as the board is aware. I've been really working with the Trustees on this application, and the DEC, and they finally Together we finally, I guess, agreed on this location after many different proposals of scaling back the house, and the location, and we spent alot of money on this project, and an awful lot of time. I hope that you'll see it. Be able to see it, and give us this variance. CHAIRMAN: The establishment of placing this house in this position is basically a MRS. EILEEN CONNORS: To culminate the Trustees position on minimizing the impact on the fresh water wetlands that are located on the property. CHAIRMAN: OK, thank you for saying that. Let me just see if there are any questions from any board members. We'll start with Mr. Doyen. f Page 10 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. DOYEN: No. CHAIRMAN: Mrs. Tortora. MEMBER TORTORA: This has to ( ) in the front. How high will that be. MR. CHRIS CONNORS: Three and one half feet. There is a retaining wall that is going to, proposed to go around the cesspool, is three and one half feet high. MEMBER TORTORA: So, it will be three and one half feet high, and how high will the house be, the elevation of the house. MR. CHRIS. CONNORS: The base elevation has to be about 11 feet above mean sea level, and then from there MRS. EILEEN CONNORS: It can't go higher than 35 feet so we're hoping to build it within all the zoning laws. MEMBER TORTORA: So you'll be able to put two story, and it will be 11 feet from the structure from there. MRS. EILEEN CONNORS: Yes but, the property line, the property grade is higher than, it's a little higher. MR. CHRIS CONNORS: It's three feet. It's based three feet to start with. It's the property, and then we have to come up with an eight foot piling, eight foot piling is what it is, and then from there you begin to start to level, the base level of the house. MRS. EILEEN CONNORS: That's the two story house. CHAIRMAN: So it's going to be driven piling as opposed to permanent foundations. MR. CHRIS CONNORS: Yes CHAIRMAN: Which is still permanent but I'm just saying. I'm saying enclosed. OK, thank you. Mr. Dinizio. MEMBER DINIZIO: No, I have no questions. CHAIRMAN: Mr. Villa MEMBER VILLA: You're saying that the wall is going to be three something. MR. CHRIS CONNORS: Three and one half approximately, yes. MEMBER VILLA: Because it say's that the top of the wall is something like 7.3 according to the map here. Elevation on the corner is 3.1, so that would make it four foot something, and that's going to be right on your front property line, right. Page 11 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MRS. EILEEN CONNORS: It's on the property line. MR. CHRIS CONNORS: It's on the amount of property line. It was seven. The property is 3 and it was 7.1 . The surveyor told me, it was 3 and one lialf foot, and he is the one that proposed it, and I asked him how high or low, and he said three and one half feet. MEMBER VILLA: Does anybody have any records of wells being as deep as I see this well proposed to be. MR. CHRIS CONNORS: Of the 85 foot well. MRS. EILEEN CONNORS: Well, we had a house on Lincoln Drive and that was about 80 feet. MR. CHRIS CONNORS: That was about 80 feet down. We lived around the corner from this location about 10 years , and the well there was MEMBER VILLA: I see the Health Department is requiring the well to be 85 feet into ground water. MR. CHRIS CONNORS: Right MEMBER VILLA: Because it's not the 100 foot separation. MR. CHRIS CONNORS: Correct MRS. EILEEN CONNORS: Correct MEMBER VILLA: On the cesspool and I was just wondering. You're pretty close to the Sound and I was just wondering if were going to MRS. EILEEN CONNORS: We were closer to the Sound on Lincoln Drive. MR. CHRIS CONNORS: ( ) You know, dealing with the various agencies, whether it be the Health Department and the Trustees, you know. We tried to accommodate anybody the best that we can, and we tried to coordinate. But it really wasn't that easy of a process because you know. It took us nine years between the DEC and the Health Department and the Trustees. But, we did whatever we possible could to accommodate anybody so we could just get on with this project. MEMBER VILLA: Just for the record. Out of a 20,000 square foot lot you got 13, 500 square feet that are wetland. MR. CHRIS CONNORS: Well, at the time I bought this property I researched it with the Building Department, and unfortunately it just MRS. EILEEN CONNORS: It did not come to light until after we purchased it. After we had tried to start the process of trying to build a house, is when that all came about. Page 12 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. CHRIS CONNORS: I wasn't aware. Obviously if I would had known anything or the Building Department. All I did was ask them whether I could build on this lot. It was checked into--. MRS. EILEEN CONNORS: This lot was part of a larger parcel that was subdivided in 1972. That was approved by the Zoning Board for to be separate singles lots. SECRETARY LINDA KOWALSKI: Yes that's true. I did check that. Do you have copies of it, by the way. MR. CHRIS CONNORS: This was subject to what was issued a vacant land seal, which was explained to me at the time by the Building Department which means. You can build a house on this lot. In actuality, when push comes to shove, because we've had Attorney's with VanCort and you know. It says subject to on it, and other approvals and other agencies. That's why we've been involved with the other agencies. We try to make the best out of a bad situation. CHAIRMAN: Anything else Bob MEMBER VILLA: Well, I just think it's 26 feet from the road with a four foot wall, and a house sticking up 35 feet. It's going The lot shouldn't really be built on it to be perfectly truthful. I know where there coming from, and I know the problems they've had. But, it's really a lot that should have never been built on. MR. CHRIS CONNORS: Well, if I had my choice. This wasn't really our proposal. It was really the Trustees that told us. MRS. EILEEN CONNORS: We came to this proposal based on what we were allowed to do. MR. CHRIS CONNORS: I've never been in a bargaining position from day one on this, and I'm just trying to follow the best that I can, all the needs that are given to me. MRS. EILEEN CONNORS: What we're asking for is to be able to bring the house up 14 feet from what the Zoning code is. MEMBER VILLA: Yes, and your bringing in 500 and some yards of fill to MR. CHRIS CONNORS: That's for the cesspool. It's required by the Health Department. We're bringing in the minimum. Everything on this project really bare bones minimum. From the Health Department, from the Trustees, we've got it down to inches, and you know it's lean as it possibly, really that I could think of, that I could get. MEMBER VILLA: Well, I don't know how the decision going to go, but if it gets approved, when you build those walls, you better be sure they're waterproof because I was part of the Health Department before, and I saw many walls that had sewage seeping through the side of them, and it's not a Page 13 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals happy situation. So, if you're going to be living there, you better see that that is done right. MR. CHRIS CONNORS: This project has been under a magnifying glass for the nine years since we've been doing it. So everything we do, is going to be strict, you know, to the letter of the law, and everything is going to follow that, and I know I have alot of people that have been following it. Different agencies and then making sure what I do, everything exactly proper. MEMBER VILLA: It's going to be a year round house. MR. CHRIS CONNORS: It's for my parents as well. They initially were going to retire out of this house. That was, as I said it was nine years ago. WhaX they intend to do now, I It was initially a year round house. What we're going to do with it now. It's a combination of both, my family. I have several kids and my parents as well. You know, it's going to be a year round house. MRS. EILEEN CONNORS: We intend it to be year round. CHAIRMAN: I can attest to the long hard road that you've had. It's unbelievable. MR. CHRIS CONNORS: That it is CHAIRMAN: We don't have any further questions. We'll see what emanates from the hearing. Oh I'm sorry, go ahead. MEMBER TORTORA: What's the total square footage of the house. MRS. EILEEN CONNORS: 20,000 SECRETARY LINDA KOWALSKI: The house. MRS. EILEEN CONNORS`: It's about 1700, 25 feet from what we're proposing. MR. CHRIS CONNORS: The base of the house is 25 by 40, which is 1,000 square, and we're proposing putting like, three quarters from the top. We figured out 1725. CHAIRMAN: Good MRS. EILEEN CONNORS: 1750 . MEMBER TORTORA: 1750. MRS. EILEEN CONNORS: Thereabout. CHAIRMAN: OK, thank you again. MR. CHRIS CONNORS: Thank you Page 14 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Is there anybody else that would like to speak in favor of this. Any members of the family, no, ok. Anybody like to speak against the application. OK, I guess that's it. We thank you for coming in. We will address it this evening hopefully, and your welcome to stay around and listen to the battle. So on that note I will make a motion closing the hearing, and reserving decision until later. All in favor. 8:12 p.m. Appl. No. 4364 - BRUNO A. KAWECKI. This is an application for a variance based upon a disapproval issued under Article 111A, Section 100-30A.4 (100-33) by the Building Inspector dated 2/14/96 for a building permit to construct one-story accessory garage in a side yard at premises known as 605 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-8. (Location in a rear yard with a 15-ft. setback is required.) Jason Leonard, of Bohn Contracting as agent. CHAIRMAN: I have a copy of a survey dated May 18, 1989 indicating this one story frame house, and penned in on the side of this home is a 19 by 25 foot garage, which is the nature of this application. I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? How are you tonight Sir. MR. JASON LEONARD: All right CHAIRMAN: Could you state your name for the record. MR. JASON LEONARD: My name is Jason Leoarard. I am a contractor for Mr. Kawecki. CHAIRMAN: Is this building a one story garage? MR. JASON LEONARD: Yes CHAIRMAN: What's the maximum height would you say? MR. JASON LEONARD: The maximum height should be approximately 15 feet. CHAIRMAN: Great. What kind of utilities are you planning to put in the garage, other than electricity? MR. JASON LEONARD: Nothing, just electric. CHAIRMAN: OK, is there a particular reason why you chose this location, or lie chose this location. MR. JASON LEONARD: Basically because he does not have the room in the back yard without getting involved in more work, as far as the foundation. CHAIRMAN: OK. We'll start I think with Mr. Villa this time, Mr. Villa. MEMBER VILLA: No, I have no problems with this. CHAIRMAN: Mr. Dinizio i Page 15 - Verbatim Transcripts Regular Meeting of March 6, 1996 Soutbold Town Board of Appeals MEMBER DINIZIO: No, me either. CHAIRMAN: Mrs. Tortora MEMBER TORTORA: No CHAIRMAN: No, this is unbelievable. MEMBER TORTORA: It's very easy tonight, I'm sorry. CHAIRMAN: I think you've, got a shoe in on this one. Let's see what happens. Mr. Doyen: You said no. MEMBER DOYEN: No CHAIRMAN: Any words. You don't want to ask this gentleman any questions. MEMBER DOYEN: It happens. CHAIRMAN: OK, while your, what. MEMBER DINIZIO: I'll make a motion. CHAIRMAN: Wait a minute. I have to go through the hearing first, all right. Trying to cut the chase or what. Is there anybody else that would like to speak in favor other than this gentlemen? Anybody against? OK Mr. Dinizio MEMBER DINIZIO: I'll make a motion granted as applied. CHAIRMAN: Containing the only utility is electricity. MEMBER DINIZIO: The only utility is electricity, right. CHAIRMAN: I'll seconded it. All in favor. 8:17 p.m. Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XX111, Section 100-239.4B by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of existing bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County Tax Map Parcel No. 1000-57-1-27. 50 or 52 is requested. CHAIRMAN: I have a sketch of a survey indicating a one story frame dwelling. The nature of this application is deck in the rear yard, approximately 52 feet from the bulkhead. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? How are you tonight Sir? OK, your on. MR. JOSEPH POTTGEN: First I'd like to amend the application to read 51 feet, instead of, I think it reads 52 or 3. - r Page 16 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: 52. SECRETARY LINDA KOWALSKI: 52 MR. JOSEPH POTTGEN : 52. I needed two more feet. The reason I'd like to amend it, I guess from 52 to 50 because it's the one figure that I didn't have when I submitted everything for the Building Department, and since I submitted a scale drawing, the lady just took out the ruler and measured so I use this, and didn't have to go back and came up with that number, 52 feet. In actuality, when I went out to measure it, it came out to just a couple of inches over 50 feet. There are other decks that have been constructed in the area that range from 49 feet to 53 feet. I'm trying right in the middle of that, either 50 or 51 feet. I know what you told me the other day Mr. Doyen, and I pleaded my case with you. I hope you'll hear me oat before you make a decision. I just moved to Southold in August 14, and we like the Town. It's a nice area. I believe in supporting my Town in fact, I had clot of work done to my house. The plumber I hired was a Southold plumber, so I'm supporting the Town. The electrician I hired is a Southold electrician, ( ) because I want to support my Town. I had a new heating system put in again, by a Southold contractor. I had air conditioning put in by a Southold contractor. I had contractors do extensive landscaping in the Spring by a Southold contractor. So, I believe in supporting my Town, and I hope when you review the file here. I think I've included everything that needs to be. That you'll consider and support me in my request to amend the ( I know it doesn't sound like alot. I'm not sure why Mr. Villa deemed it, kind of really significant. But you know, it doesn't interfere with any of my neighbors as far as their view. It doesn't hinder any water views on either side, and the fact that there are four other properties really close by, because it's not a very big street. That, to have that street from the bulkhead or the height water line, a new range from I think I have it in there. One is 48 feet, another one is 49. One is 51, there's another one 53, and I feel like I'm kind of falling right in the middle of that. If you would grant me this variance I'd be able to proceed with the original plans I had for the deck. CHAIRMAN: Now, I know you. Some of us have talked to you. Is this an open deck? MR. JOSEPH POTTGEN: Yes CHAIRMAN: Not unroofed. MR. JOSEPH POTTGEN Oh, it will never be, roofed. I think I included that in my application. CHAIRMAN: All right. We'll start with Mr. Doyen, any questions. MEMBER DOYEN: No CHAIRMAN: Mrs. Tortora: I was very impressed on how you documented all of your neighbors variances as it were. Page 17 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. JOSEPH POTTGEN: Oh, thank you. MEMBER TORTORA: Why would this be a hardship for you, if it's not granted? MR. JOSEPH POTTGEN: Well, I'm not sure how I feel because, it's just a first appearance I've ever made for any kind of variance with the Town, and I just want to be able to enjoy a way of life that I expected to enjoy with guests and family. We have a large family. I don't see how it would effect any numbers of the neighbors in any adverse way, because our other decks that are of the same size, from 48 to 53 feet. I guess I could say gee, I don't need a deck at all, and I would survive and I would get along, and I would live. But I just would like to maintain the same standard of living that some of my other neighbors enjoy who have decks too within 48 feet. Did I. answer that right. MEMBER TORTORA: You did fine. CHAIRMAN: Are you still asking questions. MEMBER TORTORA: Just one more. One of the things that the board is asking for, is that we consider the minimum to grant the minimum variance, and in this case, where you are clearly going toward the bulkhead. Would you be opposed if we came back to the deck a little bit? Instead of 50 feet, 46 feet. Reduce the size of the deck. Could you still SECRETARY LINDA KOWALSKI: You mean 56. MEMBER TORTORA: Yes SECRETARY LINDA KOWALSKI: 42 MEMBER DINIZIO: It's 52 now. MEMBER TORTORA: Which would mean, to reduce the deck area. SECRETARY LINDA IiOWALSIiI: So the setback would be greater. 60 feet setback. Is that what you mean? MEMBER TORTORA: I'm not saying a specific number, I'm asking. You could still use the deck and enjoy it, if it were MR. JOSEPH POTTGEN: Well, I just wouldn't be able to use it to the extent that I would have used it, if it were MEMBER TORTORA: It's a 1,000 square foot deck as it's proposed, correct. MR. JOSEPH POTTGEN: I'm sorry . MEMBER. TORTORA: A 1,000 square foot deck as proposed. MR. JOSEPG POTTGEN: It's probably a little bit under that. r Page 18 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER TORTORA: Yes, that's what the Trustees had granted for a deck. MEMBER TORTORA: My question was. If we came back on that which increased the distance from the bulkhead. Instead of 1,000 foot deck, we had an 850 foot deck. Would you still be able to enjoy it? MR. JOSEPH POTTGEN: Not to the extent that my neighbors are now enjoying theirs, who are only 49, 48, 51 and 53 feet from the bulkhead. I can't stand here and say no. I won't be able to enjoy my deck. I'd be lying to you. I'm not going to try to pull the wool over your eyes, or try to get cute with birds. Honest to God. I guess if I had a 10 foot deck out there, I'd probably find a way to enjoy that. You know what I mean. MEMBER TORTORA: OK MR. JOSEPH POTTGEN: It's not a question of less enjoyment. It's a question of, I guess. Being properly equipped to entertain as much as we do for a large family. We do have alot of friends that we invite over, and I guess that was my idea, and it kind of fit right into the plan that I had for the entire house. SECRETARY LINDA KOWALSKI: I just want to mention one thing. You said your neighbors have 49 feet, 51 and 53. That's by variance from the Board of Appeal, correct. MR. JOSEPH POTTGEN: Right SECRETARY LINDA KOWALSKI: Or is that from A couple of them are variances. MR. JOSEPH POTTGEN: Well, I have SECRETARY LINDA KOWALSKI: I just want to clear that for the record. MEMBER. DINIZIO: Right MR. JOSEPH POTTGEN: I have one here on ( ) Pacifico and Marieo Palebre. They have a wood deck and a pool. The pool itself is only 52 feet from the bulkhead, but the deck is only 49 feet from the bulkhead. I measured that one myself. SECRETARY LINDA KOWALSKI: That was one that got a variance. That was 53 feet, right. MR. JOSEPH POTTGEN: There was another one. SECRETARY LINDA IiOWALSKI:: I think it was Pacifico and then Kelly was another one. MR.. JOSEPH POTTGEN: Kelly. That was approved for 53 feet. So we have one at 49, and one at 53, and I'm asking for 50 or 51. Page 19 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA I{OWALSKI: And I think Pacifico got a side yard variance, but at the time the bulkhead law was not in effect or something there, so they didn't need a variance for the setback from the bulkhead. MR. JOSEPH POTTGEN: Pacifico, that whole bunch. They were really involved. CHAIRMAN: Ok, we'll go on to Mr. Dinizio. MEMBER DINIZIO: I'm just somewhat confused here, about the measurements. It's not as applied for here that you're asking for tonight. But rather, I see 52 feet written here on this survey. CHAIRMAN: He needs 50 feet 6 inches approximately. That's what he's requesting., MEMBER DINIZIO: 50 feet. CHAIRMAN: He's asking us to modify it to 50 feet. MEMBER DINIZIO: 6 inches. CHAIRMAN: Around 50 feet. MEMBER DINIZIO: Right. Now you know, I think I'm probably thinking along the same lines as Bob. You know, I'm looking at this deck and it's twenty two feet. In all honestly Sir, my house is that size. I just wanted to You have these two jets sticking out. What the distance is of that, and if you could just maybe square that off, would that be a problem? I mean, I don't know if there three feet, two feet, whether they stick out. I can't from anything here, envision what that could be, that it couldn't be straightened out. MR. JOSEPH POTTGEN: This is my wife Jacqualine. MRS. JACQUALINE POTTGEN: I've gone up and down the walk ( ) ,and we have checked it out, all the houses and the decks. The deck that we're proposing is to enhance our property as well as the neighborhood, and what your probably looking at and I think what you're talking about is. We're going to octagon one area of the deck. Is that MEMBER DINIZIO: There are two pieces that stick out. MRS JACQUALINE POTTGEN: There's two octagons. MR. JOSEPH POTTGEN: It's a visually appealing way MRS JACQUALINE POTTGEN: Rather than just make it straight. Just make the two octagons on either end, I think is just going to enhance the whole thing. MEMBER. DINIZIO: What about doing that two feet or three feet earlier than Page 20 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MRS. JACQUALINE POTTGEN: Yes, it's a personal thing. Do I like a deck with two octagon's rather than just a straight deck. MEMBER DINIZIO: But what I'm saying is how about cutting three feet off of that, or two feet 6 inches. MR. JOSEPH POTTGEN: If I would hold them between the 49 and the 53 feet, and kind of hold right between there, why wouldn't that be granted if I just kind of averaging in the middle of four or five houses that are there. That are really 48 to 53 feet. That's, I know what I'm asking for. It's not going to I can't think of a single reason, hearing the negative fashion, why it would do anything to the neighborhood, to the neighbors, to the property because of that extra ( ) on there. MEMBER DINIZIO: Other than the fact that, you know we have setback laws and you know, you're asking to vary it. We try to look for the minimal. I'm personally trying to look for something to hold on to. You really haven't stated that you would be unhappy if we did restrict it to anything. MR. JOSEPH POTTGEN: The reason I'm still standing up here trying to plea my case if because, I'd be really disappointed. In fact, I said I can't see at the bottom. Mr. Villa, last night I said to my wife. What good reason could there be. I'm not disturbing anybody, anybody's property. There is no visual objections. I can't understand why MEMBER VILLA: Well, let me jump in here. The reason why MR. JOSEPH POTTGEN: Everybody on the street already has a deck just about. I think there must be one that doesn't. MEMBER TORTORA: Yes, if we used that argument, then all of Southold would have a MR. JOSEPH POTTGEN: Oh no, no. MEMBER TORTORA: Setback back from the bluff, and there are instances when or bulkheads, and there are clearly instances when there are not other alternatives. MR. JOSEPH POTTGEN: Yes MEMBER. TORTORA: And there are clearly instances when that is merited. There are other instances when it's not. What we're all saying and I think we're all saying the same thing. If you want to come out 22 feet, cut that back. You don't have to come out 22 feet. You don't have to have a 1,000 square foot deck. We want to preserve the integrity of that line and of the law. Also, under the law we are required to grant the minimum variance necessary. That's a New York State Law. MEMBER DINIZIO: I for one think we're dealing in a very minute thing. I agree with you. But I do again, if we have to argue this thing. You know, I would like to have some indicating as to the reason why you feel Page 21 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals compelled to have a 22 foot deck, as opposed to a 20 foot deck. You know, there is some particular reason why that extra two feet. You must have that extra. two feet. You know, I personally would feel I'd like to know that reason so I could state that reason if I was so inclined to grant it. If you can't come forward with that, I don't know that, looking at 1,000. Looking at 1,000 foot deck would do that. MR. JOSEPH POTTGEN: I would enjoy my property and the deck the way I could have. It would choke me but I would learn to live with it I guess. But it would trouble me that I'm asking for 51, and there are other properties that have been approved at 48 or 49. MEMBER VILLA: Let me address that. We'll address that on the basis that I don't know when those took place. The only one that was granted since I've been sitting on the board in that area is 53 feet, and that's what I said to you. I'd like to stick with 53 feet, because if we go to 50, then the next one comes in wants 48, and the next one comes in wants 45 and they keep. Where do you stop? I said, we've had situations where people have a 10 foot deck and you ask then to cut back four feet. They say we can't, because we only have six foot of deck. We can't enjoy it. You're still going to have 19 feet of deck. You're asking for a 50% relief from the code. The code says, 75 feet. You're asking for 50. That's not a minor variance. That's 50% of the code. MR. JOSEPH POTTGEN: Well, but Pacifico got 49 feet out on it. How did MEMBER VILLA: Those are years back. Things change. MR. JOSEPH POTTGEN: I exist in the neighborhood now. What exists in the neighborhood now are decks that are 48 or 53 feet. MEMBER VILLA: The last one we granted was 53, and I normally would sit up here and be arguing for the 75. I said, I would stay with 53 because that was what we granted. Personally, I not about to vary off 53 feet. We've got to drawer the line someplace. Yes, if you had a 10 foot deck that's one thing. You have a 22 foot deck you're requesting. CHAIRMAN: Could I just say something Bob? The issue of the what we refer to as a one sided octagon is 4 feet 6 inches in actual depth, ok. MR. JOSEPH POTTGEN: It was supposed to be four. CHAIRMAN: OK, if it's four. I mean, I think they're talking to reduce that to two. I think that's what they're saying, ok or there about. MEMBER VILLA: It's two feet from the ( ) path so I don't care what shape it is. SECRETARY LINDA KOWALSIiI: Yes CHAIRMAN: You know, that's basically what we're talking about. I mean, Page 22 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. JOSEPH POTTGEN: I requested 52 feet so you wouldn't approve it, 50 or 51. Would you consider a 52 on my request on my original application. CHAIRMAN: Well, we're going to recess it, and we'll kick it around and probably. I hate to use that phrase but we will. SECRETARY LINDA KOWALSKI: You mean, research it. CHAIRMAN: We will deliver upon it in the next hour or two. So, there is just one more hearing and we have only one extensive decision to make, and then it's been here since December 6 th. SECRETARY LINDA KOWALSKI: You don't mean recess Jerry, do you. CHAIRMAN:. No, I said close the hearing and recess. SECRETARY LINDA KOWALSKI: Close the hearing, you said recess but ok, you meant close the hearing and we'll continue later, ok. MR. JOSEPH POTTGEN: OK. CHAIRMAN: OK Thank you. Is there anyone else that would like to speak in favor? Anybody that would like to speak against? OK. You're very welcome to stay, we'll be here. Hearing no further comment I make a motion closing the hearing and reserving decision until later. All in favor. 8:35 p.m. Appl. No. 4366 - Theresa Kilduff. This is an application for a Waiver under Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-30A.2 and 100-31A (1) dated 2/15/96 for a building permit to construct a single-family dwelling on the grounds that this is one lot (and only one dwelling is permitted per lot). Property referred to as Lot G on the "Map of Lots of Raymond T. Graham" shown on survey dated March 27, 1957, and containing 20,000 sq. ft. in area is shown to be in common ownership with Lot B, also containing 20,000. square feet. Also referred to as part of Lot Nos. 56-59 on the "Map of Nassau Farms, County File #1179. Comity Tax Map Parcel ID No. 1000-104-2-3 (shown for 30+ years on separate assessment property cards as 98-1-11 and 104-2-3. CHAIRMAN: I have a survey produced by Roderick Van Tuyl pc dated December 21, 1976 indicating the house parcel of property, and then I have a copy of the Map of Raymond T. Graham indicating file lots B and G which appears to be the lots that we are referring to here. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Does somebody like to be heard? How are you tonight Madam. MRS. THERESA KILDUFF: I'm Theresa Kilduff. CHAIRMAN: How are you. MRS. THERESA KILDUFF: I'm fine thank you. How can I help. I think you have all the papers that you need. This goes back to 1935 when Mr. Page 23 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals Graham designated four acres from East to West. In '56 he changed them with the approval of the Town, I guess to eight half acres. CHAIRMAN: Yes MRS. THERESA KILDUFF: You have Van Tuyl survey at 57. In ' built the house. '77 I moved in and I've been receiving tax bills which I have somewhere, here they 76 I assumed, all this time were re, for two pieces of propert pieces . This he which I past November when I heard about the Resolution merging contiguous lots. I came up to find out what I would have to do. Everybody has died off but me, and one Son in California. How do I designate these two lots, and I found out that they're not two but they are one in Riverhead in Pat's office, because when Mr. Graharn registered (all be it) he had filed the 1957 survey with the Town showing eight, half acres. He registered mine as being 400 feet instead of 1 by 2 and 1. by 2 which shows on this, and I'd just like to get this straightened out. My application for building a one family house was so I could get to speak to you, because I had to have a disapproval to here. I'm not building a house. I have no inclination to build, but I would like to get have the property filed that if I wanted to sell it, I could use the money to pay the taxes on the house that I'm maybe someone down the line, Grandchild would want r to build va house. That's I have no plans, but I would just like to get this straightened out. Having tax bills on tax bills with no indication that there was any merger done. I also had Mr. Lessard. Something must have ha about '88, and I came up to the Building Department and said, how does it concern me happened in and vacant land, sayingW is was venbuildablewhat call aI have ~lsometl something Occupancy here signed by C. Walls and Kirk Horton stating the unappd map, Nassau Farms and so forth, and it desig atese he 1B nand theaG. So, that's all I have to say. That's what I assumed it was, I think. CHAIRMAN: How much are the taxes on the vacant lot Mrs. Kilduff. MRS. THERESA KILDUFF: Four, oh taxes. I'll have to look it up. SECRETARY LINDA KOWALSIiI: ON the vacant lot that you were paying for, for 30 years. I think he means. CHAIRMAN: Yes MRS. THERESA KILDUFF: The vacant lot is 255. Assessed valuation is 400. CHAIRMAN: Ok, thank you MRS. THERESA KILDUFF: Because on my house it's a different story. That's a big one. CHAIRMAN: Right MRS. THERESA KILDUFF: A big tax bill because we have the school taxes. CHAIRMAN: Right t Page 24 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MRS. THERESA KILDUFF: Because there's a house on it. CHAIRMAN: Sure. We thank you very much and we'll see what goes MRS. THERESA KILDUFF: I think Bob. Do you have something to say? MR. BOB SCOTT: OK CHAIRMAN: Mr. Scott, how are you tonight. MR. BOB SCOTT: Good CHAIRMAN: So nice to see you. MR. SCOTT RUSSELL: Thank you. I think both myself and Scott Russell, are both MRS. THERESA KILDUFF: Thank you. MR. BOB SCOTT: Came to talk in favor of Mrs. Kilduff because there has been an extraordinary circumstance here. She's asking about having two tax bills assuming that there are two lots, and when, because of the contiguous lot configuration, you know whether it's 100 by 400, whatever. On the Tax Maps for the last 30 years, it's shown, she came up or someone from her family came up and asked if they were single and separate, and they would ask the Assessor's. The Assessor's by looking at the Tax Map alone, could see that they were on two single and separate lots, and they were not attached, and so it was extraordinary that it was misrepresented by Real Property Services when they first mapped them, and the estate was carried CHAIRMAN: What lot were you looking at. A different letter. SECRETARY LINDA KOWALSKI: Different numbers. MR. BOB SCOTT: As you could see in the application here today. You got 104-2-3. CHAIRMAN: Right, right MR. BOB SCOTT: And 98-1-22. CHAIRMAN: Right MR.. BOB SCOTT: There are two different maps, separated by two different togs. CHAIRMAN: OK MEMBER VILLA: That's what she was paying taxes on? MR. BOB SCOTT: She was paying taxes on what she was supposed to be paying taxes on, and luckily the people. The one lined where the house Page 25 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals was, she didn't own that lot, and the house was on the lot that she does own, all right. So, CHAIRMAN: Fortunately, that was on the lot. MR. BOB SCOTT: So, when she came to ask us about whether or not she had two lots, we saw by Deed she had one lot, 100 by 400. CHAIRMAN: Right MEMBER VILLA: Right MR. BOB SCOTT: All right, however because of Mr. Graham originally going East to West and then North and South, and changing around, and everything 'else, and somebody got it confused in the past. It appeared on the Tax Map that she had it in two different location, and that they weren't single and separate, and if we were asked if they were contiguous, and single and separate, we would have answered to her from the Assessor's office, that they were single and separate. MEMBER. TORTORA: You say on the Tax Map. MEMBER VILLA: Because they weren't contiguous for what she was paying for. SECRETARY LINDA KOWALSKI: That's right. MEMBER VILLA: She wasn't paying for the land that she owned. MR.. BOB SCOTT: Yes, but she's on this property since 1958. MEMBER VILLA: Yes MR. BOB SCOTT: OK SECRETARY LINDA KOWALSKI: So she believed she was. MR. BOB SCOTT: And she has asked in the past whether or not they were contiguous, and single and separate, and she was told in the past by our office, that by previous Assessors, that they were single and separate, because looking at the Tax Map you saw two different ones. MEMBER. VILLA: Looking at the property card or the Tax map because I have the Tax Map going back to 30 years. MR. BOB SCOTT: OK SECRETARY LINDA IiOWALSKI: We have two separate tax cards in your packet. MEMBER. TORTORA: That's the property card tax. ' @ECRETA1tY LINDA KOWALSKI: Yes Page 26 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER TORTORA: That is not the Suffolk County Real Property Tax Map. There is a difference. SECRETARY LINDA KOWALSKI: I know but it's assessed by the same number. MR. BOB SCOTT: This is the Suffolk County Tax Map. MEMBER TORTORA: Right MR. BOB SCOTT: All right. This is the 100 by 400 lot that she owned. CHAIRMAN: Right. MR. BOB SCOTT: All right. This is what we portrayed on our property tax right, to be a vacant lot. MEMBER TORTORA: And that's in her Deed. That's the only CHAIRMAN: But there is half a house on that. Mr. BOB SCOTT: There's a house on half of that, but that's not where the houses that we had assessed. We had her owning this piece of property over here, but MEMBER TORTORA: She knew she didn't own that piece of property. MR. BOB SCOTT: She didn't ask that question. CHAIRMAN: Who would know that by Tax Map number? She doesn't have a Tax Map in front of her. MR. BOB SCOTT: She came into our office on several occasions, including to me, and asked me if she had The question she asked was. I have two tax bills. Are they contiguous? Are they single and separate, and by looking at the Tax Map, we would tell her they were not contiguous, all right. So there were continuing errors is what I'm saying, and I'm saying she didn't have the opportunity to remedy a situation that she could have had in 1953 or thereafter, and she could have been able to have two lots. SECRETARY LINDA IiOWALSKI: Yes MR. BOB SCOTT: So if we're talking about a hardship I think SECRETARY LINDA KOWALSKI: Listen to Bob CHAIRMAN: I'm listening. SECRETARY LINDA KOWAIiSKI: What he's saying is very true. MEMBER VILLA: The assessment that she was paying for the house with land, was for 100 by 400 foot lot. Page 27 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. BOB SCOTT: And she was paying for another lot. SECRETARY LINDA KOWALSKI: Which she thought was hers. MR. BOB SCOTT: Which she thought was hers. MEMBER VILLA: OK, but she was paying on 100 by 400 as one lot. MR. BOB SCOTT: Right, as described by Deed, which I think Scott has over here. MR. SCOTT RUSSELL: Just to clarify the roll. I'm here tonight. You're secretary asked me to be just to clarify the facts. You know, I don't want to be in a position of advocating either way.. I can't speak for Assessor's that were in office long before we got here. I don't know what the discussions were. I will tell you that, what happened was she was receiving two tax bills for two parcels 100 by 200, 100 by 200. She took title to a 100 by 400 piece in 1958. Somewhere along the line, in around '58 that happened to be, for some reason that one Deed was portioned off to two parcels. The total net tax that she paid, was equivalent to what she took by Deed in '58 which is 40,000 foot of land. But for some reason, 20,000 square foot of that land, and another 20,000 were being paid to, two separate tax bills. MEMBER VILLA: Well, who was paying the taxes on the 2000 foot behind tier, that: you weren't taxing. CHAIRMAN: It was never taxed. MR.. BOB SCOTT: Nobody was paying taxes MEMBER VILLA: That would have been picked up by the County. CHAIRMAN: No, it wouldn't have. MEMBER VILLA: Why not. CHAIRMAN: Because there was only one Tax Map number. MR. BOB SCOTT: That's right. But what happened was, they weren't paying for the other two, 20,000 square feet. But somebody was paying the taxes on the house that we had assessed. Where she had her house, someone else was paying. We had doubled up on that particular lot, so that it was an equal amount of assessment, there something SECRETARY LINDA KOWALSIiI: It balanced out, right. MR. B013 SCOTT: It balanced out. MEMBER VILLA: Somebody else was paying for her, and she was paving for someone else. Page 23 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. BOB SCOTT: Someone else was paying the assessment on the land, where we said her house was, and her house wasn't. MEMBER TORTORA: Regardless of your error. When you look at the property tax, you can tell that the lots are not contiguous on the numbers #98104. She, on the other hand knows that the property contagious, because it's in the back yard of her property. MR. BOB SCOTT: But the thing is CHAIRMAN: But she never asked that question though. MR. BOB SCOTT: Her question was. I have two lots. I have two tax bills. Are they single or separate? SECRETARY LINDA KOWAKSKI: And she's saying. I'm told these are my lots, and that I own them. She's told that. MR. BOB SCOTT: But that wasn't the question, and the thing is. That the answer she's been receiving from me especially this time. My staff says, I can't talk about other assessor's in the past. But by taking a look at the property record cards, and by taking a look at the Suffolk County Tax Maps, which are an two different maps, distinctly separate. I told her initially, that she didn't have one lot. She had two single and separate lots, and she didn't have to worry about it. We found out afterwards, when we took a look at the Deed, that she had one lot, and there had been a huge error someplace along the line CHAIRMAN: That's right MR. BOB SCOTT: Which wasn't her fault SECRETARY LINDA KOWALSKI: She had a vacant land CO for the vacant lot also, from the Building Department. CHAIRMAN: That was done by the( SECRETARY LINDA KOWALSKI: Which was valid at the time. MEMBER VILLA: I'm still confused. She had a lot which was four lots away, that wasn't hers, but she was paying taxes on it. CHAIRMAN: That's right. MR.. BOB SCOTT: It was being assessed to her, with the house on it, and she didn't own that lot. MEMBER VILLA: So someone had a free ride on that for 20 years. MR.. BOB SCOTT: No, no, no. Someone else is paying for that lot as well, but it just so happened that there was a side yard there, and they were paying that assessment and she was paying Page 29 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: That's what you call a double assessment MR.. BOB SCOTT: Half and half in two different places. So, it balanced out. MEMBER VILLA: So, she One lot 400 feet away was being paid for twice. MR. BOB SCOTT: That's right. MEMBER VILLA: But the 200 foot lot behind her, wasn't being paid for at all. MR. BOB SCOTT: That could be the assumption that was being made. MEMBER VILLA: So how come it wasn't being picked up for tax arrears? MR. BOB SCOTT: Because this is something that just slipped through the cracks, Bob. CHAIRMAN: Bob, because MEMBER VILLA: Doesn't that have a Tax Map number. If it has a Tax Map number, it should have been picked up for arrears. If it doesn't have a Tax Map number it means, it's 100 by 400 foot lot. CHAIRMAN: Let me just explain something here. Lot number three where her house is, she was not being taxed for the backyard, which is the nature of this application today, ok. However, MEMBER VILLA:: Well, wait a minute. CHAIRMAN: Two people were paying for the taxes on the lot 400 feet down, which they thought proportionally that she owned. MEMBER VILLA: I follow that. But if the lot behind her was not being paid for, and if it was indeed a single and separate lot. It would have been picked up for tax arrears. CHAIRMAN: No way. MEMBER TORTORA: It doesn't appear as a single and separate lot. CHAIRMAN: It was one piece, like this. MEMBER. VILLA: Well all right. That's what I'm saying to you. If it doesn't have at Tax Map number, it's 100 by 400 foot lot. CHAIRMAN: That's right. It had one tax number, covering the entire piece of property. MEMBER VILLA: All right. That's what I'm saying to you. Page 30 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER DINIZIO: Can I ask some questions? MRS. THERESA KILDUFF: I go back several assessor's. Recently I spoke to Charlie Watts and I asked him, should I follow this up, and get this straightened out. He said, " Terry, you own two lots. Go up and explain it." This other business of the application of my tax bills being applied somewhere else, has nothing to do with my two separate parcels that I want to keep separate. MEMBER. VILLA: Well, wait a minute. It does have something to do with it because the way I see it in the Tax Map, you have a 100 by 400 foot lot, and it's got one number. MR. BOB SCOTT: OK, can I also say that MRS. THERESA KILDUFF: That was MR. BOB SCOTT: There is a further complication because she. Her 100 by 400 foot lot borders on two different streets.' CHAIRMAN: That's correct MR.. BOB SCOTT: All right. So it could have been assumed by her, that she had two lots that were back to back, with both with street frontage. So that she never thought about asking any further questions since 1958. I'm just trying. I know it's confusing. It took me a long time to figure this one out too. MEMBER. DINIZIO: I just want to ask some questions. MEMBER VILLA: I had been confused but the way it's been clarified to me now. The one lot is 100 by 400 and is being paid for as one parcel. CHAIRMAN: Jim, wants to ask a question Mrs. Kilduff. MEMBER. DINIZIO: May I just ask you some questions Ma'am . Would you mind? MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: All the tax stuff aside, ok. MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: What appears to me is. You've gone to the Town a number of times with two separate Tax bills. MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: OK, and your assumption is that these two lots were always separate. Is that correct? MRS. THERESA KILDUFF: Yes V Y Page 3t - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER. DINIZIO: Have you ever improved. Have you ever put any cesspools, built a pool or fence on that property in the rear. MRS. THERESA KILDUFF: No MEMBER DINIZIO: Is there a house next to that property in the rear? MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: Is there a house nest to your house. MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: Didn't you always just assume, by the surroundings, by looking at the map, that you had two lots. Is that correct. MRS. THERESA KILDUFF: And so did everybody else because there were eight half acres. MEMBER DINIZIO: OK MR.S. THERESA KILDUFF: And we all know each other, and my Tax bills slated clearly that it was for the property on Bittersweet, and the other one Bittersweet South with the neighbors names. Midwinter, Thompson, Bernstein and Wheaton. That's the way we used to get Tax bills. They would state the name of the adjacent property owner's. Somewhere along the line, they changed. Now we have alot of numbers. I don't pay attention to the numbers. I just pay taxes, and every year I pay two tax bills on two parcels which comes from this map, which the Town approved for it to be developes, and that's the eight squares in there. MEMBER DINIZIO: One more question. You also have, I just want to get all these facts clear. MRS. THERESA KILDUFF: Yes MEMBER DINIZIO: You also have a vacant land CO for a lot, a vacant lot. MRS. THERESA KILDUFF: Yes, on Bittersweet lane, yes. MEMBER DINIZIO: OK. That's all I have. The rest of it MRS. THERESA KILDUFF: That's dated. I also have a survey of my lot when I built my house on Pine Tree Road, and that shows 100 by 200 foot survey on the present lot I live on. It does not show the one in the back. So they were considered separate when the Building Department gave the builder permission to build a home on it in "76. CHAIRMAN: RIGHT MRS. THERESA KILDUFF: So it starts in '35 and it ends in '96. I'll be 80 in August. Pm not going to have 9 years for a decision so whatever you say I'll be very happy to go along with. It doesn't matter. I just want it Page 32 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals straightened out for my heirs. I don't want grandchildren to have to come up, asking for something. If you think it's right you'll do it. If you don't, you'll tell me what to do. I know I have alot of work to do if it's deemed two parcels, because under this new Resolution, I'll have to have two deeds made up with different names. I only have one Son. CHAIRMAN: If it's granted what you have to do is generate a second Tax Map number through Real Tax Map Service, which is exactly what your saying. You have to have a deed created, that they will generate another number. MRS. THERESA KILDUFF: A number. MEMBER TORTORA: I have one question. MRS. THERESA KILDUFF: Yes MEMBER TORTORA: I went around, on Bittersweet. MRS. THERESA KILDUFF: Oh did you. Did you get through? MEMBER TORTORA: I tried to get to the lot. I couldn't get to the lot. The map shows Bittersweet going into Horton Road. MEMBER VILLA: Yes, forget it. MRS. THERESA KILDUFF: But the other way, you can go in from Pine Tree. MEMBER TORTORA: I tried to go in from Pine Tress, down Horton and hit the brushes, and couldn't go any further. MRS. THERESA KILDUFF: That's right. You got as far as Midwinters house. MEMBER TORTORA: About that far. MRS. THERESA KILDUFF: Yes MEMBER TORTORA: And that was it. My question is, did you post the property on Bittersweet. MRS. 'T'HERESA KILDUFF: No, I posted it on mine because nobody could get in there to see it posted. SECRETARY LINDA IiOWALSIiI: She asked me about that, and I said to post: it on the side that her house was, because nobody was able to get access down the other street. MRS. THERESA KILDUFF: The way you couldn't get in, nobody goes in, and the other people are only there for Summer. But they were notified by mail, and I spoke to Jane McDonald on the corner house the other day. r Page 33 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: So she meets the requirements. MEMBER TORTORA: So the property in question was not posted. SECRETARY LINDA IiOWALSKI: Well it is, because it's all merged as one lot. MEMBER TORTORA: Technically SECRETARY LINDA KOWALSKI: Technically. MEMBER TORTORA: I just didn't want to get into a confrontation SECRETARY LINDA IsOWALSIiI: She felt she may meet the requirements. MEMBER 'I'ORTORA: With the neighbors on the other side, because the lots are substantially larger opposite Bittersweet, than they are SECRETARY LINDA KOWALSKI: You gave notice to the neighbors across the street from Bittersweet, right MRS. THERESA KILDUFF: Yes, yes. Everybody was notified. They all assumed that I was crazy to even be bothered with this, because what does it matter anymore. But I think I should be doing it. That's the advise I got all along the line. If it's two separate, keep them separate. That it would be beneficial to myself or whatever I leave, if there is anything left. All my dues or duties ok, whatever you say. CHAIRMAN: OK, thank you. Is there anybody else that would like to speak in favor? Is there anybody that would like to speak against? Any further questions? We thank the chairperson, chairman, and the Member of the Assessor's office come in, and explain this to us. It was a pleasure to see you Gentlemen. I realize that it was a situation SECRETARY LINDA KOWALSIiI: It was awkward. CHAIRMAN: It was a little difficult but you did a great job. Thank you. MEMBER. DINIZIO: In light of the fact that the Assessor's did come in and explain and go for, I guess, certainly, you know. I don't know how you would say it, continued by many many people in the Town, assuming things. I would like to make a motion that we grant it as applied, in light oC the fact of the evidence that she presented. MEMBER VILLA: Well, I think we should have a discussion. MEMBER DINIZIO: Well, I'm offering that motion, certainly CHAIRMAN: I'll second that motion, and I'll call for a vote. SECRETARY LINDA KOWALSKI: Serge MEMBER DOYEN: Ave r. Page 34 - Verbatim Transcripts • Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: Member Tortora MEMBER TORTORA: No CHAIRMAN: Yes MEMBER DINIZIO: Aye CHAIRMAN: Bob. MEMBER VILLA: No. CHAIRMAN: Do you want to record SECRETARY LINDA IiOWALSKI: The motion is three to two, and passed, granted as applied. Appl. #4356 - MARTIN and CHRISTINE IiOSMYNKA. (Carryover from Jan. 10, 1996 and Feb. 7, 1996) 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. RESOLUTION adopted to postpone (as requested by applicant, without a new date - until early Fall 1996 or loterupon notice by applicant and re-advertisement).