Loading...
HomeMy WebLinkAbout4161Kujawski, Barbara, 1 2.2 125 ~sound Ay. Mattituck Accessory Apartment , PH 4'22'93 e~u ~.~*~'~-l-t~ APPEALS BOARD MEMBEP. S Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD FINDINGS AND DETERMINATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4161 - SE. Application of BARBARA KUJAWSKI. Request for a Special Exception as provided by Article III, Section 100-31B(14) for approval of existing Accessory Apartment use in conjunction with owner's residency in the existing principal building dwelling structure. Location of Property: 125 (House No. per Town Records) along the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in the Agricultural-Conservation (A-C) Zone District. WHEREAS, public hearings were held on September 20, 1993, February 2, 1994 and March 2, 1994, at which time all persons were given an opportunity to be heard and their testimony considered; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a Special Exception to the Zoning Ordinance, Article III, Section 100-31B, Subsection 14, for approval of an "as built" Accessory Apartment in the existing principal building as more particularly shown on the sketched map and floor plan submitted under this applica- tion. 2. The premises in question is located in the "A-C" Agricultural-Conservation Zone District and contains a total lot area of approximately 40,241 sq. ft. and 200.0 ft. frontage along the northerly side of Sound Avenue. 3.' The subject premises is improved with a one and one-half-story framed dwelling structure and detached garage. The setbacks of the principal building footprint are shown to be 66.4 feet in the front yard, 24+- feet to the easterly property Page 2 - March 2, 1994 Matter of BARBARA KUJAWSKI Appl. No. 4161 - Special Exception line, and 95+- feet to the northerly property line, all at their closest points. 4. A copy of the current deed has been made a part of the record which shows that the 40,241 sq. ft. was split from a 4+ acre parcel, as conveyed by John Kujawski, Jr. and Raymond Kujawski to John Kujawski, Jr. and Barbara Kujawski on December 21, 1976. Although no record of town subdivision approval was issued in 1976 concerning the previous division of land, the Town Planning Board has agreed, by letter rather than by formal application, to accept the parcel as exists with 40,241 lot area and 200 ft. lot width for the reason that the lot complies with the 1976 code requirements pertaining to lot size. 5. The subject "Accessory Apartment" is shown to be at 509 square feet of livable floor area on the first floor level. The remaining floor area to be retained as the principal single-family residence of the owner, Barbara Kujawski, is 2737+- square feet. This proposal meets the requirement of subsection (d) which requires the accessory apartment not be less than 450 square feet of livable floor area, and subsection (e) which requires that the livable floor area of the remaining unit be not less than 60 percent of the total dwelling, as exists. 6. Article III-A, Section 100-30A.2(B-1) <ref. Article III, Section 100-31B(14)>, permits such use only as an accessory to the residency of the owner in the subject dwelling, and further subject to conditions (a) through (q). It is noted for the record that a Preexisting Certificate of Occupancy was issued under No. Z-22162 indicating that the building ,,...substantially conforms to the requirements of a single- family dwelling built prior to April 9, 1957" as applied. 7. Since the applicant would be permitted up to five occupants: three for the existing dwelling and two for the accessory apartment, then five (5) parking spaces must be provided on this site in a manner which would prevent backing out onto the highway or right-of-way access areas. 8. It is the position of the Board Members that all the conditions and standards established by the zoning code for an accessory apartment are satisfied and acceptable as applied. 9. In considering this Special Exception application: (a) th~ Board has given consideration, among other things, to Sections {A} through {P} as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will not prevent the orderly and reasonable Page 3 - March 2, Matter of BARBARA KUJAWSKI Appl. No. 4161 - Special Exception use of adjacent properties or of properties in adjacent use districts; (c) it is determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town - provided all other rules and regulations are complied with at all times; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, that the request for a Special Exception establishing an "Accessory Apartment," as built, in the Matter of BARBARA KUJAWSKIt under Appl. No. 4161, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance at all times with Subsections a thru q of Section 100-31B(14), Article III, of the Zoning Code. 2. There shall, however, be no outside stairwells for either unit <only an interior stairs or other interior access for entering or exiting the residence> as required by Subsection (i) of Section 100-31B(14). 3. This conversion shall be subject to inspection by the Building Inspector and renewal of a certificate of occupancy and/or certificate of compliance annually, with a written notice furnished to the Chairman or Clerk of the Board of Appeals for updated, recordkeeping purposes. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa, and Wilton. (Member Doyen was absent due to current major storm conditions. This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF _APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY~ SEPTEMBER 20~ 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4190 - JOHN AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores Combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prev. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4161 - BARBARA KUJAW~. Application for a Special Exception for approval of an Accessory Apartment in conjunction with the principal dwelling use and residency by 'Page 2 - Notice of~arings Southold Town Boar~f Appeals Regular Meeting of September 20, 1993 the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31(14). Location of Property: House ~125 (per Town Records) at the north side of Sound Avenue, which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in the Agricultural-Conservation (A-C) Zone District. 3. 7:50 p.m. Appl. No. 4184 - CHARLES H. LEWIS (carryover from the August 18, 1993 hearings calendar). Application requesting a Variance as provided by New York Town Law, Section 280-A requesting standards of minimum improvement to the traveled bases of two separate (private) rights-of-way for safe and sufficient access by emergency, fire and other vehicles located as described below: Access to Lot No. 1, as modified, with its proposed access over a right-of-way extend%ng from the westerly side of Lighthouse Road, Southotd, NY, over premises now or formerly of Pantel, referred to as Parcel ~1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1. · ~age 3 - Notice of~arings Southold Town Board~f Appeals Regular Meeting of September 20, 1993 Dated: September 7, 1993. Access to Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over lands now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as Parcels ~1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot requiring Section 280-A approval is shown as new subdivision Lot No. 2 as modified and further identified as County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or.visit our office. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X APPEALS BOARD MEMBERS C-emrd P. C~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 2, 1994t commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4210 STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for the existing location of a deck addition "as built." A portion of the deck encroaches in the side yard. The accessory garage structure, which has existed, is also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel No. 1000-37-3-6. subject premises contains a lot area of 8,638+- sq. ft. and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4211 - MARY HOLLAND. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, · Page 2 - Notice of~arings $outhold Town Boar~of Appeals Regular Meeting of February 2, 1994 appealing the Notice of Disapproval from the Building Inspector, and requesting approval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision application. Subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14,300+- sq. ft. Lot #1 is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preexisting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Certificate of Occupancy No. Z-22830. 3. 7:40 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Request for Special Exception approving an existing Accessory Apartment in conjunction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Property: House No. 125 (per Town Records) at the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 Page 3 - Notice of~arings ~outhold Town Board of Appeals Regular Meeting of February 2, 1994 square feet and is located in the Agricultural-Conservation (A-C) Zone District. T~e Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written commnents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: January 18, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr R~bert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEKRINGS Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, New York 11971, on WEDNESDAY, MARCH the times specified below: 53095 Main Road, Southold, 2, 1994, commencing at 1. 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sideyards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. 2. 7:35 p.m. Appl. No. 4216 - LIEB VINEYARD, INC. A variance is requested from Article III, Section 100-33 of the Southold Town Zoning Ordinance for permission to locate swimmingpool,~ cabana structures, within a fence enclosure, situated in an area other than the required rear yard. Location P~ge 2 - Notice of Warings Southold Town Board of Appeals Regular Meeting of March 2, 1994 of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-84-01-02 (now Lot ~4.4). Zone District: A-C. 3. 7:40 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. A variance is requested from Article III, Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard. Location of Property: 1350 Eugene's Road, Cutchogue, 1000-97-6-1.2. Zone District: premises is a substandard lot. NY; County Tax Map Parcel No. R-80 Residential. The subject 4. 7:45 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. A variance is requested from Article III, Section 100-32 for permission to locate a new principal dwelling structure with a reduced front yard setback. Location of Property: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-7-2-9. Zone District: R-120 Residential. The subject premises is a substandard corner lot fronting on two private roads. 5. 7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is requested from Article IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-permitted lot coverage requirement in this Hamlet-Business (HB) Zone P~ge 3 - Notice of Warings Southold Town Board of Appeals Regular Meeting of March 2, 1994 District. Location of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substandard lot. 6. 8:00 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4213 - IRWIN and AGNES FRICK. Addition with reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 Continued Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.) Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: February 14, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRPLAN By Linda Kowalski x RECEIVED Town Clerk E C E I V E D R TOWN OF SOU~OLD~--NEW YORK.. APPLICA~~J~I~[~l~ TO THE ZONING BOARD OF APPEALS, SOUTHOLD$~i~:IIi~I~II~r~.IBI~k Application No. 6/x ~/ D_ate Filed: ~/,~_/.?_~ I (We), Barbara Kujawski of 125 Sound Ave. House No. and Street Mattituck, New York 11952 (Hamlet, State, Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a S~ul~L ~_ACEPIiON in accordan~ witi~ the ZONING ORDINANCE, ARTICLE III , SECTION 3lB , SUBSECTION 14 for the below-described property for the following uses and purposes: Place accessory apartment within the east wing of the house located at 125 Sound Ave., Mattituck, New York 11952 as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. Barbara Kujawski is ('are) the owner(s) of property known and referred to as 125 ~oun~ Ave., Mattltuck, NY 11952 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 120 , Block 1 Lot 2.2 , which is (is not) on a subdivision map (Filed ~p of "Filed Map No. The above-described property was acquired by the owner on 12/21/76 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: There will be no change to the exterior of the house or property. C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1,600) sq. ft. of livable floor area. (continued on page two) Application for Special Exception Page Two (continued) 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (1) accessory apartment will be on this parcel. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section lO0-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. ll. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owneF's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January l, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: The property which is the subject of this application is zoned j~F/I~O and [× ] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. (S~ gnature) '--/ ~z Sworn to before me this '/.,~ day of , 19 LINDA J, COOPER Notary Public State of NewYork No, 482.2563, Suffolk County Term Expires December 31, 19~ ZB5 2/6/86 TOWN OF SOUTHOLD PROPERTY RC.C~R D CARD *'~'~ ...... ' - OWNER STREET J ~ VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. J · S W ~PE OF BUILDING RES~ ~ S~S. VL. FARM COMM. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS Tillable FRONTAGE ON WATER W~lond FRONTAGE ON ROAD ~ead~nd DEPTH Nouse Plot BULKH~D total COLOR /(",~'~ B,J Extension Extension Extension Porch Foundation Basement ~/~ tl ~' Ext. Wolls Iw~'~ ~c,d. Bath FJoors Porch Interior Finish Breezeway Heat Garage Rcoms 1st Fioor Patio Fire Place 2 Type Roof ~t~ Recreation Room Dormer ,/ Total Rooms 2nd F!oor Driveway Dinette LR. DR. BR. FIN. B ~/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FOI~'~ ER OWNER VI LLAGE IDISTRICT SUB. / LOT ACREAGE ~.~ ~...'. '~YPE OF BUILDING ~? h ~'~ " LAND ,47oo SEAS. /~/~GE ,u? NEW ~ ~ ~0 Form Tillable 1 Tillable 2 IMP. Tillable 3 Woodland Swampland Brushlend House Plot Tote I VL '- FARM ' ~ CaMM ND CB M~'~C.~ I J ' I I I~-:'-:u t = u~ . ,. f~ · DATE REMARKS~ TOTAL k~:'(ABOVE p/7/- Value M. Bldg. Extension J / -':' Extension Eoundat on Basement Ext. Walls Both Floors Interior Finish Fire Place Hec~t Attic Extension Garage Porch Porch Patio Driveway Rooms 1st Floor Rooms 2nd Floor TOWN 'ORMER OWNER RES. - SEAS. LAND IMP. OF SOUTHOLD ERTY RECORD CARD STREET VI LLAGE LOT TOTAL E R"z-~'v~:- - W ~S.~' DISTRICT SUB. ACREAGE ~ TYPE OF BUILDING ~/00 NEW Farm tillable' I Tillable 2 Tillable 3 DATE ./BUILDING CON DI/~!OI NORMAL '() B EL~,~ 2/ Acre Value Per Acre REMARKS Value T~ )-..T. Zlg/Tz~? ~: Woodland ' Swampland i Brushland · House Plot J Total OWNER FORMER OWNER -- RES.~ JSEAS. LAND / IMP. AGE NEW NORMAL FARM Acre Tillable Woodland Meadowland House Plot TOWN OF SOUTHOLD N ~ 5 VL. ? FARM TOTAl' BUILDING CONDITION BELOW Value Per Acre DATE ABOVE Value PROPERTY RECORD E W co~. cB. ~cs/ Mkt. Vo,ue REMARKS CARD TYPE OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK P air iii Area: 40,24I soUND AVENUE NO~: YOUNG & YOUNG 400 OSTRAHDEI~ AVEUUE, RIVERIIEAD, t4EW YORK ALDEN W. YOUNG IIOWARD W. YOUNG SURVEY FOR: APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (5 l 6) 765-1809 September 8, 1995 Mrs. Barbara Kujawski Sound Avenue, Box Mattituck, NY 11952 Re: Accessory Apartment - Certificate of Compliance for 1995 Dear Sir or Madam: This is a reminder that your 1995 occupancy of the accessory apartment has not as yet been issued. Please send your request the calendar year 1995 together with the Town's required $25.00 annual renewal fee with the enclosed application to the Building Inspector's Office together with a copy of the written lease (if any) and your telephone number to arrange for an updated i~spection. (These documents may be mailed or submitted in person to the Building Department.) Upon receipt, an inspection will be arranged with you before the Certificate of Compliance may be renewed. If, however, there is no interest in your part on renewing the certificate of compliance for the accessory apartment, please state your reasons why on the bottom of this form, sign and return it to our office. Please feel free to call either Claire or Georgia of the Building Department at 765-1802, or our office, if you have any questions concerning the 1995 Certificate of Compliance. Very truly yours, Enclosure cc: Building Inspectors OWNER COMMENTS: GERARD P. GOEHRINGER CHAIRMAN YOUR SIGNATURE AND TELEPHONE #: PUBLIC HEARING BOARD OF ZONING APPEALS Town of Southold March 2. 1994 (7:30 p.m. Hearings Commenced) Present: HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LAURY DOWD, Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board Absent due to Major Snowstorm: Serge Doyen, Jr., Member Southold Town Board of Appeals 2 March 2. 1994 Regular Meeting APPLICATIONS INDEX PUBLIC HEARINGS March 2. 1994 Pages No. 4215 - No. 4216 - No. 4217 - No. 4218 - No. 4219 - No. 4213 - No. 4161 - GEORGE KRISS ............... 3- 7 LIEB VINEYARD. INC ............. 8-12 THOMAS PULS and DONNA RlCCO ....... 1.3-18 JOHN E. STRIPP and JUDITH D. STRIPP .... 19 DIANE HARKOFF .............. 20-22 IRWIN and AGNES FRICK .......... 23-29 BARBARA KUJAWSKI .......... 30 Southold Town Board o~llppeals 30 March 2, Regular Meeting 8:13 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.I Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. (Letter received March 1, 1994 signed by John and Raymond Kujawski requesting the Board grant the application. I The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: We will ask Ms. Kujawski if she has anything to add. We have received a letter, and we thank you. Is there anything you would like to deal with on the Kujawski application? MEMBER VILLA: The problem was, the part-owner was objecting. THE CLERK: He gave a letter now. He is asking us to approve it. THE CHAIRMAN: MEMBER VILLA: THE CHAIRMAN: MEMBER VILLA: Well, okay. THE CLERK: We just got it yesterday. Who wants to make the motion? I will make the motion. I will second the motion~ (See Clerk's Minutes for Board's vote. ) THE CHAIRMAN: MS. KUJAWSKI: All in favor? It is done. Have a lovely evening, and safe trip home. Thank you. (End of public hearings of 3/2/94 typed verbatim from taped hearings.) jdr APPEALS BOARD MEMBERS Gerard P. G~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 18, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Barbara Kujawski P.O. Box 1113 125 Sound Avenue Mattituck. NY t1952-1113 Re: Appl. No. 4161 - Special Exception (Accessory Apartment) Dear Barbara: Please find attached a copy of communication transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. No other steps are necessary on your part. This copy is for your update and recordkeeping. Very truly yours. Enclosure Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN NI. JONES, A.I.C.P. DIRECTOR OF PLANNING March 8, 1994 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) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Kujawski, Barbara Kriss, George & Patrtcia 4161 4215 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richard C. Wi. lton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the SuffoLk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~'.'a~ssion: __ Variance from the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building Inspector xx Special Exception, Article III , Section 100-31B-14 __ Special Permit Appeal No: 4161 Applicant: Location of Affected Land: County Tax Map Item No.: Within 500 feet of: N/$ Sound Avenue, Mattituck lO00- BARBARA KUJAWSKI as 50% owner, and 100% contract vendee xx 'Town or Village Boundary Line 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 obtain approval ~or existing apartment use, as an "Accessory Apartment" subject to conditions of Section 100-31B-14 and subject to owner-occupancy. Copies of Town file and related documents enclosed for your review. Dated: March 2, 1994. APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 4, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Barbara Kujawski P.O. Box 1113 125 Sound Avenue Mattituck, NY 11952-1113 Re: Appl. No. 4161 - Special Exception (Accessory Apartment) Dear Barbara: Enclosed please find a copy of the Board's Findings and Determination rendered at our March 2, 1994 Regular Meeting. Please be sure to return to the Building Department for a Certificate of Compliance and any other approval applicable for this project. We have furnished the Building Department Office with copies of this determination for their permanent recordkeeping. Also, we have transmitted copies of your file to the Suffolk County Department of Planning in accordance with Suffolk County's Administrative Code rules and regulations pertaining to Special Exception projects located within 500 feet of a County Road. Once we have received their written response, we will forward a copy to you for your permanent file. Please call us if you have any questions. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department (Attn: Tom Fisher, Dept. Head) Suffolk County Department of Planning Present: PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 2, i994 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Febru~ ' Southold Town Boa~f Appeals 2 2, 1994 Regu~rar Meeting APPLICATIONS No. 4210 - No. 4211 - No. 4161 - No. 4212 No. 4213 INDEX PUBLIC HEARINGS FEBRUARY 2, 1994 STEPHEN T. VESEY and CHERYL SCHLITT MARY HOLLAND BARBARA KUJAWSKI FRANK ZIMMER FARM . IRWIN and AGNES FRICK . · Pages 3-6 7-11 12-17 19-29 30-32 Southold Town Board of Appeals 11 February 2, 1994 Regular Meeting CHAIRMAN: I guess not. Thank you. Is there anybody else to speak either in favor or against this application? Seeing no hands, I'll make a motion closing the hearing and reserving decision until later. Seconded by Member Villa and duly carried. 7:43 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Request for Special Exception approving an existing Accessory Apartment in conjunction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Property: House No. 125 (per Town Records) at the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 square feet and is located in the Agricultural-Conservation (A-C) Zone District. .'The Chairman read the Legal Notice of Hearing for the record and the application. Southold Town Board of Appeals 12 February 2, 1994 Regular Meeting MR. CHAIRMAN: This was the nature of a division that existed here. I don't have an updated survey handy -- BOARD CLERK: There's a letter in the file from the Town Attorney's Office. Is that what you're referring to? CHAIRMAN: No, just where it was divided from the existing barns (the location of the lines). BOARD CLERK: There's no actual town approval, but do you need the year it was divided? CHAIRMAN: No that's all right. We'll just take it off the tax map (was handy at top of file). And I have a copy of the County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? How are you tonight, Barbara? Just for legal ease, would you just state your name for the record? BARBARA KUJAWSKI, Applicant: I am just seeking permission to put an Accessory Apartment into my home. My children are grown but the house I find is too large for me. existing two-family house when we purchased it, children were home it was necessary to make it It was an and when the into a one-family Southold Town Board of Appeals 13 February 2, 1994 Regular Meeting house. I think I meet all of the requirements of the Town of Southold and I think I certainly am fulfilling the spirit of the law when the Accessory Apartment Law was passed, in that it was passed to enable a homeowner who had a house that was too large to provide an apartment for a younger family that was in Southold and to help them pay the taxes and expenses of the house. That's all. CHAIRMAN: As you know for the record, you graciously showed us the house. We have seen it. The only thing I have to tell you is that John is requesting a postponement. His attorney was unable to make it tonight, and I understand there are some negotiations in the offing and possibly some change of ownership or something of that nature and so -- MS. KUJAWSKI: I am (also) applying as contract vendee. CHAIRMAN: But I mean is we're going to hold it off until -- we'll take all the testimony tonight but we're hold off the decision until the next meeting and actually close the hearing at that point if that is all right with you. .MS. KUJAWSKI: I really preferred to have it known where I'm going before I purchase (remaining 50%) of the house. Southold Town Board of Appeals 14 February 2, 1994 Regular Meeting CHAIRMAN: Well that's what I was basically talking about. You are actually purchasing the entire house? MS. KUJAWSKI: Yes. CHAIRMAN: Not just the existing 50% that you own at this time. I don't know if you really want me to get into this or not. MS. KUJAWSKI: Exactly. I am purchasing the house. CHAIRMAN: Ok. So in other words before you purchased the house you really wanted to know if you would have the accessory apartment? BOARD CLERK: You would have to be an owner, which she is. CHAIRMAN: Yes. CHAIRMAN: have to consult the attorney. Our town attorney. But I will tell you that it is a matter of right to have an Accessory Apartment (provided all standards and conditions are met). would, and I may be talking out of turn -- but all my fellow I don't know if we an do that or not. We would It Southold Town Board of Appeals 15 February 2, 1994 Regular Meeting colleagues are here with me tonight. I see absolutely no problem with the voting on it in the early part of March. And it will be the first week in March to be honest with you. The house meets the requirements -- first of all, the house is gorgeous, ok as we told you when we were down there. And that's nu~er one. It's brought up to all modern day standards. It has a C.O. prior to January 1, 1984. So I see really no reason. I mean I'll talk to my colleagues. Do you see any reason why this house would not meet the -- MEMBER VILLA: No. I don't have a problem with it. CHAIRMAN: So I mean -- MEMBER DINIZIO: I didn't go to it. I just want to comment on something. I mean, I don't see any reason really that we can't vote on it. I don't see anything in the record that says, or that asks for a postponement or -- BOARD CLERK: We just received it five minutes ago. CHAIRM3~N: I have a letter right here. MEMBER DINIZIO: Oh you got it five minutes ago. $outhold Town Board of Appeals 16 February 2, 1994 Regular Meeting BOARD CLERK: Yes. BOARD CLERK: One of the requirements is a written lease (to Chairman) which we don't have. CHAIRMAN: The other thing that you want to give us is a written lease with the person that you have in the premises. And you can assembly that within the next 30 days. If you could get it down prior to the next hearing? It'll be the first Wednesday of the month. We're going to try and stay with that every month -- the first Wednesday. MS. KUJAWSKI: Ok. So you're going to postpone this. CHAIRM~N: I want to apologize to you for this -- not in reference to -- we just received this letter as we walked in here, and that's basically the situation, so. MS. KUJAWSKI: Yes. CHAIRMAN: It was nothing where we could call you on the telephone and say we're going to postpone the hearing, or whatever the case might be. Southold Town Board of Appeals 17 February 2, 1994 Regular Meeting MS. KUJAWSKI: Ok. Many things can be postponed. CHAIRMAN: Thank you. Is there anybody else either in favor or against this application? (None - John Kujawski was in the audience but did not speak.) Based upon the letter or the note that we have hear from the co-owner of the property at this particular time, I will hold this file in abeyance until the next regularly scheduled meeting which is the first Wednesday of the month of March. BOARD CLERK: March 2nd. CHAIRMAN: March 2nd also. MS. KUJAWSKI: Thank you. let me know. Ok. We'll keep in touch. Just CHAIRMAN: Gentlemen, I need a motion to recess this until March 2nd. MEMBER VILLA: So made. ,Seconded by Member Wilton and duly carried. TR '-'AK'S BRANO--LONG ISLANO POTATOES Al ONS ]OHN KUIAWSKI & SONS INC RIVERHEAD, NEW YORK 11901 February 25, 1994 Southold Town Zoning Board of Appeals Main Road Southold, Hew York 11971 OFFICE (516) 722-3629 RES, (516) 722-3935 ATT: Gerard P. Goehringer, Chairman RE: Application of Barbara Kujawski for accessory apartment on premises at $CTN ~1000-120-1-2.2 Dear ~4r. Goehringer: As you probably are aware we are the owners of a parcel of land on the northerly side of Sound Avenue, Nattituck, New York (SCTM #1000-120-1-2.1) which borders on the easterly and northerly boundaries of lands owned by John Kujawski, Jr. and Barbara Kujawski (SCTN #1000-120-1-2.2). The latter property was transferred by us to John Kujawski, Jr. and Barbara Kujawski by deed dated December 21, 1976 and recorded in the Suffolk County Clerk's Office in Liber 8164 Page 283. Presently, John and Barbara Kujawski are co-owners of this property. The Board should be aware that John Kujawski, Jr. is in the process of selling his one-half interest in this parcel to your applicant, Barbara Kujawski. A closing is scheduled to take place on March 7, 1994. As adjoining owners we are hopeful the Board will grant this application for an accessory apartment as the residence on the property is rather large and can accommodate an accessory apartment nicely. Therefore, we respectfully request the Zoning Board of Appeals grant Barbara Kujawski's application. Very truly yours, d~Q~n Kujaws~, Jr., ~ Individually and as President of John P. Kujawski & Sons, Inc. aymo~d K~j~ ' , 'vidlally and as Treasurer of John P. Kujawski & Sons, Inc. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 14, 1994 Ms. Barbara Kujawski 175 Sound Avenue P.O. Box 1113 Mattituck, NY 11952-1113 Re: Appl. No. 4161 - Special Exception Dear Barbara: This letter will confirm our telephone conversation that the hearing was postponed until March 2, 1994 at 8:05 p.m. Enclosure cc: Mr. John Kujawski P.O. Box 123 Laurel, NY 11948-0123 Very truly yours, Linda Kowalski Clerk, Board of Appeals APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMO Town Hall, 53095 Main Road t~O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Laury Dowd, Town Attorney Linda Kowalski, ZBA Board of Appeals February 16, 1994 Application for Special Exception by 50%Owner We have an application requesting a Special Exception for approval of an Accessory Apartment in conjunction with the residency of the home by a 50% owner, who is also in contract to acquire the remaining 50% from her ex-husband. This application was postponed on one occasion due to the objection of the ex-husband as a 50% owner. We have since returned the application to the calendar and we have been informed that the ex-husband is in contract to sell his 50% share to the applicant-wife. No particular concerns have been presented since the original hearing by the ex-husband to dispute the merits of the application under the zoning ordinance. Since one of the conditions for an Accessory Apartment is for owner-occupancy, and the applicant is presently only a 50% owner with sole occupancy, is it properly before the Board for a final determination (without the consent or favorable position of the ex-husband)? Thank you for your assistance. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chain~an George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 March 18, 1993 John Kujawski P.O.Box 123 Laurel, New York 11948 Dear Mr. Kujawski; Your letter of March 16, 1993 regarding an application for a special exception was received by the Planning Board office today. The letter has been forwarded to Gerard P. Goehringer, who is the Chairman of the Zoning Board of Appeals. Sincerely, Valerie Scop~ff Town Planner Enc. March 16, 1993 letter addressed to Richard G. Ward, Chairman, Planning Board cc: Zoning Board of Appeals./ JOHN KUJAWSKI P.O. Box 123 Laurel, New York 11948 March 16, 1993 ~h~±rman ~ Zoning Board of Appeals Town of Southold Town Hall, Main Road Southold, N.Y. 11971 Dear Mr. Ward: I am the co-owner of property located at 125 Sound Avenue, Mattituck, New York. I own this property as a tenant-in-coramon with my former wife, Barbara Kujawski. I have received a Notice to Adjacent Property Owner indicating that Barbara Kujawski has applied for a special exception use seeking permission for an accessory apartment for relief from Article 3 Section 3lB (14). and Please do not process this application any further since I, as a co-owner, do not give my consent to the application. Please confirm in writing at my above address that the application will not be processed any further. Thank you for your cooperation in this regard. Sincerely, ~ohn ~u ~wsk~_ CC: Barbara Kujawski ~RIS~ BARBARA KUJAWSK! 175 SOUND AVENUE P.O. BOX 1113 MATTITUCK, NEW YORK 119S2 April 28, 1993 3oning Board of Appeals Southold Town Hall Southold, New York 11971 Re: Appl No al61- Special Exception for Accessory Apartment in Existing Dwelling Dear Sirs: In response to your letter of March 23, 1993, I do wish to proceed with my application for an accessory apartment in my home John Kujawski has informed me that he has withdrawn his opposition to my application Also, the information you requested regarding my application is as follows: SQUARE FOOTAGE OF 17S SOUND AVE PRIMARY RESIDENCE- PRO'BED APT - 2737 SQ FT BO8 SQ FT TOTAL AREA 32aS SQ FT APARTMENT AS PERCENT OF TOTAL BUILDING- Very truly y~/~, A ,22.5~ ' p I -7. ~% '-7 /?.F l' ' 17,~ s.? APPEALS BOARD MEMBERS Gerard P. C~oehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rob~r~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Chairman and Members of the Planning Board Chairman and Members of the Board of Appeals:c~/~ September 2, 1993 1976 Land Conveyance to Create 40,241 sq. ft. parcel 1000-120-1-2.2 and 2.1 (previously Lot 2) at Laurel Pending Special Exception for Accessory Apartment Property Owners: Barbara and John Kujawski We are in receipt of your reply memorandum dated August 12, 1993 concerning the above project. Based upon the Town Attorney's (Matthew J. Kiernan) opinion and your acquiescence in recognizing both the house lot and the farm lot as a legal split, the Board of Appeals will proceed with a public hearing on the Special Exception application for an Accessory Apartment at this time. This letter reiterates the understanding of all departments for the applicant's update and permanent recordkeeping purposes. GG:lk Received by Planning Board 9/2/93 k?C~LANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD SCOTT L, HARRIS Supervisor TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Richard G. Ward, Chairman ~ RE: 1976 Land Conveyance to Create 40,241 sq. ft. parcel SCTM# 1000-120-1-2.2 and 2.1 (previously Lot 2) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 DATE: August 12, 1993 In regard to the above mentioned property, please find the following: The Planning Board does not have any record of the above mentioned land conveyance. However, the matter has been researched by Matthew Kiernan, Assistant Town Attorney (see enclosed memorandum dated August 6, 1993) and, for the reasons described in the memorandum, he has determined that the Town of Southold should recognize the "set-off" as a legal lot. The Planning Board concurs with Mr. Kiernan's memorandum. cc: Matthew Kiernan, Assistant Town Attorney Thomas Fisher, Building Inspector in Charge HARVEY A. ARNOFF Town Attorney MAII'HEW G. KIERNAN MEMORANDUM OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Richard G. Ward, Chairman of the Planning Boa/~l~-~ Matthew G. Kiernan, Assistant Town Attorne~ /-I~~ Kujawski "set-off" SCTM#: 1000-120-1-2.1 and 2.2 August 6, 1993 This is in response to your memorandum of May 26, 1993 to Harvey Arnoff regarding the above-referenced matter. As you are aware, having represented Ms. Kujawski on legal matters in the past, Harvey has recused himself and requested that I make the determination in this matter. From the documentation provided to me, it appears that in 1976, a parcel of land in excess of ~.2 acres was owned by John and Raymond Kujawski as tenants in common. Thereafter, by deed dated December 21, 1976 John and Raymond Kujawski conveyed ~0,2L[1 square feet of this parcel to John and Barbara Kujawski. These parcels are currently designated by separate tax map numbers as is referenced above. The matter to be determined is whether the Town of Southold should recognize the conveyance to John and Barbara Kujawski as creating a separate, legal lot. From your memo of May 26, 1993, it is my understanding that the guidelines set forth in Mr. Schondebare's September 8, 1989 memorandum is to be observed in making this determination. In essence, Mr. Schondebare's memo describes a review policy whereby conveyances between family members could be officially recognized by the Town as creating a legal lot. Without taking testimony from the parties involved, it is impossible to be certain whether the Planning Board or any Town official actually advised the applicants that no formal subdivision was required for their "set-off". Nevertheless, Mr. Schondebare's memo does describe this scenario as a "past practice" that was going on during the time period of the Kujawski conveyance. Richard G. Ward, Chairman of the Planning Board August 6, 1993 Page 2 Based on what I can ascertain, from the records, it appears likely that this is in fact what happened in this case. A review of the dimensions of the parcel conveyed leads me to believe that the applicant intended to create a lot which would comply with the Town's zoning requirements as they existed in 1976 (i.e., lot area, lot width, lot depth). In addition, the Town's property record card describes the creation of this lot as a "family split". Based on the foregoing and in considering the equities, it is my judgment that the Kujawski "set-off" falls within the parameters as set forth in Mr. Schondebare's memorandum and that the Town of Southold should recognize the "set-off" as a legal lot. A copy of this and Mr. Schondebare's memo should be placed in the files of the Planning Board and Building Department. Should you require anything further, please let me know. CC: Gerard P. Goehringer, Chairman of the Zoning Board of Appeals Thomas Fisher, Building Inspector HARVEY A. ARNOFF Town Attorney MATFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 9, 1993 Richard F. Lark, Esq. Main Road - P.O. Box 973 Cutchogue, New York 11935 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: Kujawski "set-off" SCTM #: 1000-120-1-2.1 and 2.2 Dear Mr. Lark: Pursuant to Mr. Arnoff's letter to you of June. 28, 1993 with regard to the above-referenced matter, enclosed please find a Memorandum from me to Dick Ward which sets forth my determination as to the legality of the Kujawski "set-off". Should you have any questions, please feel free to call me. /l~tth-6w G. Kiernan, · kssistant Town Attorney MGK:cc Enclosure CC: Richard G. Ward, Chairman of the Planning Board Gerard P. Goehringer, Chairman of the Zoning Board of Appeals Thomas Fisher, Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516~ 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWI' L. HARRIS Supervisor Town Hail. 53095 Main Road P.O. Box 1179 Southold, New York II971 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: DATE: Tom Wickham, Chair Planning & Zoning Committee Richard G. Ward, Chairman-;:~'--~- i Subdivision by Deed April 12, 1993 The Planning Board and the Zoning Board have before them an application which involves an issue of both policy and procedure that has remained unresolved since April, 1990 because there has been no guidance on how to proceed on matters of this sort. Prior to April of 1990, the Town followed a procedural policy set forth by a Town Attorney which provided for case by case review of farm lots that were set off by deed without subdivision approval. A brief review of the attached copy of the Town Attorney's memorandum will explain the issue at hand. The Planning Board has been asked by the Zoning Board~to make a determination whether it recognizes as legal a lot that is the subject of an application before them. The lot in question was subdivided by deed in accordance with the zoning at the time. The Planning Board requests the matter be discussed before the full membership of the Planning and Zoning Committee because the matter involves the agreement and cooperation of all applicable Town offices. JAMES A. SCHONDEBARE ROBERT H. BERNTSSON TO: FROM: DATE: RE: (.I ,~ Ji. ': ,:"\ --- ~,~ ',~, .. ~, -~ :','~ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Planning Board and Buildincj Department~ lames A. Schondebare, Town Attorney September 8. 1989 Subdivisions Town Hall, 53095 Main Ro P.O. Box 1179 Soutl~old, New York 1197 TELEPHONE (516) 765-1939 This memo will confirm our conversations and agreement concerning certain illegal subdivisions. As a result of our requirement for a title report showing single and separate ownerships we have discovered a number of illegal subdivisions. We have also discovered, on more than one occasion, a past practice by the Planning Board of advising applicants that subdivision approval was not necessary if the parcel to be "set off" was to be conveyed to a family member or not to be sold. We have heard this same story from different residents. This practice was going on durinq the late 1960's 1970's. Now the family ~vishes to subdivide t~he remainin arcaenldo g p nly to .be t. old, and. cor.rectly, that the illegal "set-off" parcel must be included · in one case, a third party non-family member, owns the home. . The hardship of the applicant is obvious and the equities indicate that the Town should rectify the problem it created. It was agreed by us that the illegal "set-off" parcel will be treated as a legal lot. Building permits can be issued for this lot. The Planning Board will not include the "set-off" parcel with the parcel to be subdivided. ~l~September 8, 1989 Planning Board Building Department page 2 It was further agreed that each application that falls within these guidelines will be reviewed by us on a case by case basis for determination. In addition, set back lines etc., will be covered by the code provision in existence at the time the "set-off" was created, and not by our present code. When applicable a copy of this memo should be placed in each Planning Board and Building Department file. Also, a further memo will be placed in the files indicating that the particular application was reviewed by the Planning Board, Building Department and Town Attorney's office and approved as falling within this particular area. At present the only application agreed Upon is the Pontino request for a building permit which is to be granted. There are others which need further reviews. FORM NO. 4 ToWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-22162 Date FEBRUARY 25r 1993. ONE FAMILY DWELLING THIS CERTIFIES that the building_ Location of Property 125 SOUND AVENUE MATTITUCK~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section. 120 Block__ 1 Lot 2.2 Filed Map No. Lot No. Subdivision conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-22162 dated FEBRUARY 25, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY TWO CAR GD~RAGE * The certificate ls issued to JOHN & BARBARA KUJAWSKI (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1/81 NOTICI~ OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the q'own of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 2, 1994, commencing at the times specified below: 1.7:32 p.m. AppL No. 4210- STEPHEN T. VESEY AND CHERYL SCHLITT. Variance to the Zoning Or- dinance, Article IliA, Section I 100-30A.3 for the existing l location of a deck addition "as built:' A portion of the deck encroaches in the side[ yard. The accessory garageI structure, which has existed, is / also now partly in a side yard j area. Location of Property:/ 2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel No. 1000.37-3-6. Sub- ject premises contains a lot area of 8,638+ sq. ft. and is located in the R-40 Low- Density Residential Zone District. 2. 7:35 p.m. Appl. No 4211- MARY HOLLAND. Variance to the Zoning Ordinance, Ar- ticle III-A, Section 100-30A.3, appealing the Notice of Disap- proval from the Building In- spector, and requesting ap- proval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision applica- tion. Subject premises is iden- tified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.1, , containing a total lot area of 14,300+ sq. ft. Lot NO. 1 is proposed at 7,153+ sq. R. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot No. i 2 is proposed at7,147+ sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the norther- ly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preex- isting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Cer- tificate of Occupancy No. Z-22830. 3.7:40 p.m. Appl. No. 4161- BARBARA KUJAWSKL Re- quest for Special Exception approving an existing Ac- cessory Apartment in con- junction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Pro- perty: House No. 125 (per Town Records) at the noah side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-120.1-2.2. This property consists of an area of 40,241 square feet and is located in the Agricultural-Conservation (A-C) Zone District. The Board of Appeals will at said time and place hear ~my and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office DatedLJanuary 18, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-1/20/94(25) COUNTY OF SUFFOLK SI'AFIEOF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of~ THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that tile notice of which the annexed is a printed copy, ~$ been pul)lished in saicl Long Island 'l'ravelcr-Watchm;m ()ncr L'ach week [or. ..................... ~ , , . weeLs successively, commencing on tile .......... ~.~ .... Sworn lo I~efo,'e me Ihis ........ ¢~?f~. ........ day of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Shte ol r~ew York No. 4806346 Qualified in Suffclk County Oommission Expires BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARI]~G~,. NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MARCH 1994, commencing at .the times specified below: 1.7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance,, is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduc- ed (southwesterly) sideyard setback, and reduced total sideyards at less than the re- quired 25 ft. Location of Pro- perty: 420 Bayer Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substan- dard lot containing less than 20,000 sq. ft. in area. 2. 7!35 p.m. Appl. No. 4216- LIEB VINEYARD, INC. A variance is requested from Ar- ticle III, Section 100-33 of the Southold Town Zoning Or.~ dinance for permission to locate swimming pool and cabana structures, within a fence enclosure, situated in an area other than the required rear yard. Location of Proper- ty: 14990 Oregon Road, Cut- chogue, N.Y.; County Tax Map Parcel No. 1000-84-01-02 (now Lot No. 4.4). Zone District: 3.7:40 p.m. Appl. No. 4217 - . THOMAS PULS and DON- NA RICCO. A variance is re- quested from Article III, Sec- ton 100-33 for permission to ~cate swimming pool with rce enclosure in an area er than the required rear Location of Prdperty;~ Eugene's Road, Cut-' e, NY; County 'Pax Map Xlo. 1000-97~-1.2. Zone R-80 Res~dential. The, · remises is a substan- .OUNTYOF SUFFOLK ;TA'['E OF NEW YORK Patricia Wood, being duly sworn, says that she is the 4. 7:45 p.m. Appl. No. 4218 - iLditor, of THE LONG ISLAND TRAVELER-WATCHMAN, JOHN E. STRIPP and JUDITH D. STRIPP.~ A: a public newspaper printed at Southoid, in Suffolk Counlyi variance is requested from and tiqat tile notice of whicit the ,'lnnexed is a printed cop,/. Article lII, Section100-32 for has been publisl~ed in said I.ong Island 'l'ravcler-Watcbm,m permission to locate a new once each week for , .................... /~ .... wecks principal dwelling structure; with a reduced front yard set- i - ' :;Llccessive[y. on back. Location of Property: I commencing d~e ...................... Road, Fishers Island, NY;! ,:>~ (/. .......... 19 .?~'. County Tax Map Parcel No. 1 1000-7-2-9. Zone District: [/0 R-120 Residential. The subjecJ,- ['~ .... . ..... premises is a substandard cot- ~ k"~/~ ~ ...... nar lot fronting on two private ~ roads· ' 5.7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A S',v<)~l~ h) befo~c me d~iS ......... '/.~. ..... day of variance is requested from Ar- "~/._.e ~ dele IX, Section 100-92 for permission to construct ........... : ~:~:'~''' storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-permitted lot coverage requirement in this ................. .~..· .~..~ . . Hamlet-Business (HB) Zone Notary Public District. Location of Proper- ty: 835 First Street, New Suf- BARBARA f',. SCHNEIDER folk, NY: County Tax Map NOTARY PUBLIC, Sta!e of New York No. 480Gg46 Parcel No. 1000-117-8-15. The at said time and place hear any Qua [ e I m ,~ ,elk County and all persons or represen- Commission Expires subject premises is a substan- ,~ dard lot. ~ , tatives desiring to be heard in 6. 8:00 p.m. Carryover froth . the above matters. Written February 2, 1994- Continued comments may also be sub- Hearing of Appl. No. 4213 - mitted prior to the conclusion IRWIN and AGNES FRICK." Of the subject hearing· Each Addition with reduced hearing will not start before sideyard setback at 1935 the times designated above. If Westview Drive, Mattituck, you wish to review the files or NY; County Tax Map District need to request more informa- l000, Section 107, Block 7, tion,'please do not hesitate to Lot 5. call 765-1809 or visit our 7. 8:05 p.m. Carryover from office· Dated: February 14, 1994. February 2, 1994- Continued ..., Hearing of Appl. No. 4161 - BY ORDER OF BARBARA KUJAWSKI. Ac- THE SOUTHOLD TOWN cessory Aprtment use at 125 BOARD OF APPEALS (Town House N~.) Sound GERARD P. GOEHRINGER Avenue, Mattituck, NY: Coun- · . CHAIRMAN ty Tax Map Parcel No. ~ '~,. .: By Linda Kowalski 1000-120-1-2.2. IX-2/17/94(5) ~~. 'The Board of Appeals will(~, i lUrV "~ L'-c~ ((~ ''~ !i~/~ f'=':~ 1'7-, / : , / · ." / 2 2 NOTIC~ OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, porsuam to Section 26'/ of the Town Law and thc Code of thc Town of Southold, that the foUowing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at Ihe Soulhold Town Hall, 53095 Math Road, Somhold, new York 11971, on WEDNESDAY, FEBRUARY 2, 1994, commencing at the limes specified below: I. 7:32 p.m. Appl. No. 4210 -- STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article Ill-A, Section 100-30A.3 for lhe existing location of a deck addition "as built." A portion of Ihe deck encroaches in the side yard. The accessory garage slrucmre, which has existed, is also now pardy in a side yard area. Loca- tion of Property: 2105 Old Orchard Road, Easi Marion, NY; Courtly Tax Map Parcel No. 1000-37-3-6. Subject :premiSs contains a ~ot a~a of 8.638:t sq. IL and is Iocaled in the R-40 Low- Density Residential Zone Dislricl. 2. 7:35 p.m. Appl. No. 4211 -- MARY HOLLAND. Variance to the Zoning Ordinance, Article Ill-A, Sec0on 100-30A.3, appealing Ihe No- lice of Disapproval from the Building Inspector, and requesling approval of the subslandard lot area, withh and depth for each of two proposed lois in this proposed subdivision applicalion. Subject premises is identified on the Suffolk County Tax Maps as Distdcl 1000, Section 117, Block 9, Lol 19.1, containing a Iotal Iol area of 14,300~-- sq. ft. Lot #1 is proposed at 7153± sq. ft. in ama, 101.41 feel of Iol depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot #2 is proposed at 7147± sq. ft. in area, 70.59 feet of lot depth and lot width (frontagcJ of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of Soutbold. Each lot will contain a pm- existing single-family dwelling and accessory storage building, which buildings are noted on Iht Pre- Existing Certificate of Occupancy No, Z-22830. 3. 7:40 p.m. AppL No. 4161 -- BARBARA KUJAWSKL Request for Special Exceplion approving an existing Accessory Aparlmenl in con- junction with the principal dwelling use and residency by the owner (owner occupancy) and sub)cc! lo the provisions of Arlicle [1[, Section 100- 31B(145). Location of Property: House No. 125 (per Town Records) at the north side of Sound Avenue which parcel commences al a point approximately 51 feel east of Riverhead-Southold Town Boundary Line, exlending 195.18 feet along Sound Avenue, Matlituck, NY; County Tax Map Parcel No. 1000- 120-1-2.2. This properly consisls of an area of 40,241 square feel and is located in the Agricuhural- Conservation (A-C) Zone DistricL The Board of Appeals will al said time and place hear any and all per- sons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start hefor~ the times designated above. If you wish to review Ihe files or need to request more infommfion, please do not hesitate 1o call 765-1g09 or visit our office. Dated: )anua~ 18. 1994. BY ORDER OF THE SOUTHOLD ' TOWN BOARDOF APPEALS t' ir GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski STATE OF NEW YORK) } SS: ~~~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk Rnd State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks sMt~c_ essively, c.o~nmencing on thc ~day Of'~19~._. CHRISTINA VOUNSKI Notn~ Public, State of New Ymk No. 5004884 Ounlifmd in Suffolk County q~ Principal Clerk ~,ommission .Expir~ Nowmlam' 23, IIL~ Form No. 6 APPLICATION FOR CERTIFICATE OF OCCUPANCY' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-I802 A. This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. Bo For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and '~re-existing" land uses: 5. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00~ Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $5.00 over 5 years - $10.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date .~.~:~.. ~ .~.~. ~ ~ New Construction ........... Old Or Pre-existing Building...w~. ............ Location of Property.3~ ........... ~~..~.~.~ ............... ~ ........ House No. Street Hamlet or ................... County Tax Map No 1000, Section..5?--...Q ....... Block ..... ~ .......... Lot...~ .............. Subdivision ............................ Filed Map Lot .......... Permit No ................ Date Of Permit ................ Applicant ............................. Health Dept. Approval ...................... .. .. Underwriters Approval............ ........... . . Planning Board Approval ........................ Request for: Temporary Certificate ........... Final Certicate ........... APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 18, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Barbara Kujawski 175 Sound Avenue P.O. Box 1113 Mattituck, NY 11952-1113 Re: Appl. No. 4161 - Special Exception/Accessory Apartment Dear Barbara: In accordance with your recent request, your application has been re-calendared and re-advertised for a final public hearing to be held on February 2, 1994. The hearing will begin at 7:40 p.m., at which time you or your representative should appear. Please do not hesitate to call at any time for a further update the day of the hearing. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Legal Notice was also sent to: Richard F. Lark, Esq., Main Road, Cutchogue 11935-0973 NOTICE OF pUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNES- DAY, MARCH 2, 1994, com- mencing al the times specified below: I. 7:30 p.m. Appl. N0. 4215 -- GEORGE KRISS. A variance is quested flora Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sideyards at less than the required 25 ft. Location of Property: 420 Bayer Road, Matrituck, NY; County Tax Map Parcel No. 1000- 139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. 2. 7:35 p.m. AppL No. 4216 -- LIEB VINEYARD, INC. A variance is requested from Article Ill, Section 100-33 of the Southold Town Zoning Ordinance for permission to locate gpool and cabana structures, ~r than the t~quimd rear y~rd. Location of Property: 14990 Oregon Road, Cutehogue, NY; County Tax Map parcel No. I000-84-01-02 (now Lot #4.4). Zone District: A-C. 3. 7:40 p.m. Appl. No, 4217 7~a THOMAS PULS and DONNA RICCO. A variance is requested from Article III, Section 100-33 for pennis- Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. Zone District: R-80 Residential. The subject premises is a substandard lot. 4. 7:45 p.m. Appl. No. 4218 -- JOHN E. STRIPP and JUDITH D. ~TRIPP. A variance is requested from Article 1[I, Section 100-32 for pennis- sl~ucture with a reduced front yard set-~. Road off East End Road, Fishers Island, NY; County Tax Map Parcel.. No. 1000-7-2-9. Zone District: R-12{~ Residemial The subject premises is private mads. 5. 7:50 p.m. Appl. No. 4219 --' DIANE HARKOFF. A variance STATE OF NEW YORK) ) SS: UN.T~r~ ,O.F SUF~ LK) ~of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed, copy, has been regular- ly published in said Newspaper once each week for [ weeks successively, commencing on thet7 day of~19~. rots~ Public, State of New York ~ A No. 500.884 /~ / Principal Clerk ~zualified in Suffolk Counw ~ ~ li~n ~eS No~m~r 2~ 1~ ,/ / / Busi~ss (HB) ~ne ~s~. ~afio~ 1-2.2. ' : ~ of Property: 835 First Street, New ~e Bo~ of Ap~ will at ~id Suffo~, NY; County T~ Map Panel ~me ~ pl~ ~= ~y ~d ~1 ~ No. 1000-117-8-15. The subject ~p~v~desi~ng~ premises is a subslandard lot. 6. 8:00 p.m. Carryover from February 2, 1994 -- Continued Hearing of Appl. No. 4213 -- IRWINf and AGNES FRICK. Addition with reduced sideyard setback at 1935 Wcstvicw Drive, Matlituck, NY; Coumy Tax Map District IG00, Section 107, Block 7, Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 -- Continued Hearing of Appl. No, 4161 -- BAR- BARA KUJAWSKI. Accessory Apartment usc at 125 (Town House No.) Sound Avenue, Mattituck, NY; County Tax Map parcel No. 1000-120- mcnts may also he submitted prior to thc conclusion of thc subject hearing. Each healing will not start before thc- times designated above. If you wish tO information, please do not hesitate to call 765-1809 or visit our office. Dated: February 14, 1994. , BY ORDER OFTHE ~OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Lin(la Kowalski 7R47- ~ TFI '~, JOHN KUJAWSKI P.O. Box 123 Laurel, New York 11948 March 16, 1993 ...... a~d %{~zd Chairman Zoning Board of Appeals Town of Southold Town Hall, Main Road Southold, N.Y. 11971 Dear Mr. Ward: I am the co-owner of property located at 125 Sound Avenue, Mattituck, New York. I own this property as a tenant-in-common with my former wife, Barbara Kujawski. I have received a Notice to Adjacent Property Owner indicating that Barbara Kujawski has applied for a special exception use seeking permission for an accessory apartment and for relief from Article 3 Section 3lB (14). Please do not process this application any further since I, as a co-owner, do not give my consent to the application. Please confirm in writing at my above address that the application will not be processed any further. Thank you for your cooperation in this regard. Sincerely, John Kujawski cc: Barbara Kujawski Page 4 - Notice of~rings fouthold Town Board--of Appeals Regular Meeting of February 2, 1994 Copies to the following 1/18/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (fax transmission) Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Building Inspector's Office Planning Board Office Supervisor's Office Town Attorney's Office Applicant or Agent Copies to ZBA Members with copies of file documents Catherine A. Mesiano, Inc. P.O. Box 1981 Riverhead, NY 11901-1981 Mrs. Mary Holland Jackson Street, P.O. Box 617 New Suffolk, NY 11956-0617 Ms. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952-1113 Richard F. Lark, Esq. (Re: Main Road, Box 973 Cutchogue, NY 11935-0973 Mr. and Mrs. Steven T. Vesey 2105 Old Orchard Road, Box 53 East Marion, NY 11939-0053 (Re: Mary Holland) Kujawski, John) September 15, 1993 Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Dear Sirs: I wish to request an adjournment of the hearing date on my application for an accessory apartment. I hope this request will not cause any inconvenience. I will contact you when I wish to reschedule, Thank you. Yours truly, .~.. Barbara Kuj~ski APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wi]ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road ~.0. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 9/15/93 Updates for Board Members: Re: Shack Appeal - Hearing for 9/20 Please find attached copies of amended sketches and amended survey sketch which shows an additional 18" area for steps on the bulkhead side of the proposed deck instead of where the existing steps are. Re: Goodale Special Exception - Mr. McLaughlin stopped by to say he served Town Clerk at 2:15 p.m. today with Art. 78, and that he plans to file for a Special Exception for the leasing of new and used cars as a main use. Re: Kujawski Appeal - Hearing for 9/20 Mrs. Kujawski has agreed to Mr. Lark's request to postpone the hearing pending settlement of their private disputes. She will send a letter confirming this request for postponement (without a new date until further notice). APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 2, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952-1113 Re: Appl. %4161 Special Exception for Accessory Apartment Dear Mrs. Kujawski: Zoning Board Members are requesting an interior viewing of your home and the area for the accessory apartment. Please advise whether this is possible for a visit on Saturday, September 18, 1993 between 9:00 and 10:00 a.m. Also, we would like to send the Legal Notice on Tuesday, September 7th to the Long Island Traveler Office for advertisement of the public hearing (to be held Monday, September 20, 1993.) If this date is not convenient, please contact us immediately on or before this Tuesday. Very truly yours, Linda Kowalski HARVEY A. ARNOFF Town Attorney MAII'HEW G. KIERNAN Assistant Town Attorney MEMORANDUM TO: FROM: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Matthew G, Kiernan. Assistant Town Attorney/ ~6t"~ Kujawski "set-off" SCTM#: 1000-120-1-2.1 and 2.2 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1 DATE: August 6, 1993 This is in response to your memorandum of May 26, 1993 to Harvey Arnoff regarding the above-referenced matter. As you are aware, having represented Ms. Kujawski on legal matters in the past, Harvey has recused himself and requested that I make the determination in this matter. From the documentation provided to me, it appears that in 1976, a parcel of land in excess of l~.2 acres was owned by John and Raymond Kujawski as tenants in common. Thereafter, by deed dated December 21, 1976 John and Raymond Kujawski conveyed ~0,2t~1 square feet of this parcel to John and Barbara Kujawski. These parcels are currently designated by separate tax map numbers as is referenced above. The matter to be determined is whether the Town of Southold should recognize the conveyance to John and Barbara Kujawski as creating a separate, legal lot. From your memo of May 26, 1993, it is my understanding that the guidelines set forth in Mr. Schondebare's September 8, 1989 memorandum is to be observed in making this determination. In essence, Mr. Schondebare's memo describes a review policy whereby conveyances between family members could be officially recognized by the Town as creating a legal lot. Without taking testimony from the parties involved, it is impossible to be certain whether the Planning Board or any Town official actually advised the applicants that no formal subdivision was required for their "set-off". Nevertheless, Mr. Schondebare's memo does describe this scenario as a "past practice" that was going on during the time period of the Kujawski conveyance. Richard G. Ward, Chairman of the Planning Board August 6, 1993 Page 2 Based on what I can ascertain, from the records, it appears likely that this is in fact what happened in this case. A review of the dimensions of the parcel conveyed leads me to believe that the applicant intended to create a lot which would comply with the Town's zoning requirements as they existed in 1976 (i.e., lot area, lot width, lot depth). In addition, the Town's property record card describes the creation of this lot as a "family split". Based on the foregoing and in considering the equities, it is my judgment that the Kujawski "set-off" falls within the parameters as set forth in Mr. Schondebare's memorandum and that the Town of $outhold should recognize the "set-off" as a legal lot. A copy of this and Mr. Schondebare's memo should be placed in the files of the Planning Board and Building Department. Should you require anything further, please let me know. cc~ Gerard P. Goehringer, Chairman of the Zoning Board of Appeals Thomas Fisher, Building Inspector HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD June 28, 1993 Richard F. Lark, Esq. Main Road - P.O. Box 973 'Cutchogue, New York 11935 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box I179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: John Kujawski v. Barbara Kujawski (SCTM #1000-120.00-01.00-002.002) Dear Mr. Lark: In response to your letter of June 23, 1993 regarding the above-referenced matter, please be advised that, having represented Ms. Kujawski on legal matters in the past, I have recused myself from the determination. Therefore, I have advise of his decision shortly. H AA: cc assigned this matter to Mr. Kiernan. He will CC: Matthew G. Kiernan, Assistant Town Attorney Richard G. Ward, Chairman of the Planning Board Gerard P. Goehringer, Chairman of the Board of Appeals ~/' Curt Horton, Senior Buidling Inspector APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Chairman and Members of the Planning Board Board of Appeals~.u~ May 19, 1993 1976 Land Conveyance to Create 40,241 sq. ft. parcel 1000-120-1-2.2 and 2.1 (previously Lot 2) at Laurel Pending Special Exception for Accessory Apartment Property Owners: Barbara and John Kujawski May we have a written response to our communications to you dated March 23, 1993 and April 29, 1993 concerning the above land conveyance and split in 1976. For your convenience we are attaching copies. Thank you for your attention and assistance in this project. Attachments (2) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 19, 1993 Ongioni & Borelli, Esqs. 218 Front Street Greenport, NY 11944-0562 Re: Property of John and Barbara Kujawski Proposed Accessory Apartment - Appl. No. 4161 Dear Ms. Ongioni and Ms. Borelli: With reference to the above matter, we would like to confirm that we are, as of this date, awaiting a written response from the Planning Board since our communications to them (copies attached). We do not know whether or not you have had opportunities to communicate with the Planning Board staff concerning the 1976 split of land, or with the co-owner's attorney, Richard Lark, but do ask that you please advise us of your intentions at this time. In the interim, this application will, of course, be carried over to the next meeting until further notice. Thank you. Very truly yours, lk Enclosures GERARD P. GOEHRINGER CHAIRMkN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 19, 1993 Ongioni & Borelli, Esqs. 218 Front Street Greenport, NY 11944-0562 Re: Property of John and Barbara Kujawski Proposed Accessory Apartment - Appl. No. 4161 Dear Ms. Ongioni and Ms. Borelli: With reference to the above matter, we would like to confirm that we are, as of this date, awaiting a written response from the Planning Board since our communications to them (copies attached). We do not know whether or not you have had opportunities to communicate with the Planning Board staff concerning the 1976 split of land, or with the co-owner's attorney, Richard Lark, but do ask that you please advise us of your intentions at this time. In the interim, this application will, of course, be carried over to the next meeting until further notice. Thank you. Very truly yours, lk Enclosures GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Richard G. Ward, Planning Board Chairman Ms. Valerie Scopaz, Sr. Planner Board of Appeals April 29, 1993 1976 Land Conveyance to Create 40,241 sq. 1000-120-1-2.2 and 2.1 (previously Lot 2) ft. parcel at Laurel In updating this file yesterday, it is noted for the record, as confirmed by Valerie, that the Planning Board has not responded to our March 23, 1993 memorandum due to the fact that the Planning Board wishes to confer with the Planning and Zoning Committee, and/or Town Board, as to a response. Since it was not discussed at the April 27th committee meeting, we were advised that it would be discussed at the May 25th committee meeting. It is expected that the public hearing will continue on the mid-June ZBA hearings calendar, and it is hopeful that the Planning Board would be able to respond to our March 23, 1993 memorandum on or before May 28th. We are providing the Town Attorney's Office with copies of our previous memorandum since this will involve, or should involve their opinions for resolving issues of old law or new law. GG:lk cc: Town Attorney's Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road 1~O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Richard G. Ward, Chairman Valerie Scopaz Planning Board Office ZBA March 23, 1993 1976 Land Conveyance 1000-120-1-2.2 to Create 40,241 sq. ft. parcel and 2.1 (previously Lot 2) Please confirm whether or not the above noted land was approved as part of a subdivision or other type of land division for the creation of a parcel identified as 1000-120-1-2.2 or 2.1, or previously Lot 2 (Lot 2.2 consists of a size 40,241 sq. ft.). Attached are copies of deeds. You will note that both Lots 2.2 and 2.1 were in common ownership in 1976 by John and Raymond Kujawski of this 40,241 sq. ft. tract and the adjoining 3.2 acres of farmland, consisting of a total of 4.2+ acres. Also attached is a copy of a deed from John and Raymond Kujawski conveying the 40,241 sq. ft. parcel to John and Barbara Kujawski. If there is no record of approval, please confirm what process is required through the Planning Board to approve this parcel, (now located in the A/C Zone District providing for a minimum of 80,000 sq. ft. of land area). The applicant is presently before the Board of Appeals for an increase in dwelling-unit density for a proposed second dwelling unit (accessory apartment). Thank you for your help and assistance. ZBA:GG:~ Attachments LAND IMP. TOTAL O~ $OUTHOLD P.~OPEI~TY R-DCGRD CARD VILLAGE ' '"' SUE. LOT -- FARM COMM. CB. MICS. Mkt. Value DATE REMARKS Tilloble Woodland V~eadowbnd -louse Plot 'otal FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH /) V' BULKHEAD Extension Extension ~tensJon /zoo Fire Place ~ ' Heat Type Roof Z~/t ;3J.£ Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B : Dormer Driveway : ' '~ Foundation Ext. Walls Both Floors Interior Finish ~/IN'YI 7','/: 114 Dinette K. LR. DR. ] ' '~lultl~nladc thc m.LbL day o{ IJ'2EUIIIDt21' , ltil~'tccJI JnnLdred and ~ls Eane, aamesport,-'~iai~-?6?~i .......... of the first part add JOfIN KUJAUSKI .IR. aad I;,'kRI3.~_P,A Kt,JAUSKI. ]tis parly o{ Ihe secm. I part, WI'rN~ETII, dmt Ihe party o[ the firsl parl, in cm~sideralimt of Te. D.llars n.d oil*er valuable considerallon paid by Ilie p:uly o[ H,e sec,md part, dues hereby grant nmi release iiIllo the p:uly o[ 0m second fart, the heirs or succcssor~ ami assigns of the parly o[ the second part forever, ALL that ceda n. I I.l, ~je~ or percel o[ laqd, wkh th~ buildings a.d improvements thereon orecled siluale lying ami beiz,g'~t~eaU i'laUtltucK 111 the l'otgn of SOllkhold, C( uatv of $;uffoll- an~ otaee o~ N~w Yozk, bou ~ded aad t eucribed as follows: .)olin iiu}a¥,~l:.i, ar. au,l Ra/..,ad ;hl1,j~:';I.i, I:hu Fc)tlo,.zjui5 four courses at,d diutant:~s: (1) ~ortt .~ l.J 00" i':a:;~, lq'1.37 Feel:; (2) :~ circle Lo ~ha ri~[,C t;a,~in~; . ra~.~us of 23f~.0q ~ -- discmice O ( O -'~ q .' · , ..... ~ /cuE; (4) I:hem:,~ :~outih 13° 30' ~ EasE, 104.ll0 ~cet Co aad disk~t,cus: (1) ~;OtlLlt bltt fI(J' 0il" ~t:st /~.G.~ t:eeC ,.) ~;o~ch 5:!' Il0" [~OSL 195.1E fei:t: to the l,olrt~ ok' place oF '' ' , I;LGII*,. I,I ,. J .[.,(, , , .' 1',,~ [NT]:ii'Ii)~"D '1'(I l~l; a porEJoh ()~ the 1)re=u[sas (:or,veyed to the party (}1~ t:he first parl: by ,icad da~e,I A ~,. Ist 23, 1974 aml r~cr;rded (le~k s 0[l:lc~ in Llber 77~?, pape ""' i~i [:[,u StliTFolL County ' '' ' '1'()(;1".'1'111';1{ xx ilh qdl l ighl, lille :iud hllclcsl, ii :my..ir Ihe i,nrly of Iht ~lnl i,:l~t ill and to all)' streets a.d r,,a,ls ahutting lilt' nb. re dcscril..d I' cruises h) Ihe (;Clllttr lines lhcrc{,f; T( I( ;I'71'III(R with the nl,lmrlen;mccs all Iht .si;th' and righls ~,~ the p;uly of Ihe tirst i.ut in and tu sahl premises; T() IIAVE ANI) TO )[.I ) Iht' I,Iciulst's hel fill g lallled IllllU Iht l,;u'ly u[ lime second l,arl, thc heirs or successors ami assiglis of AND Ihe p;uly ,,( Ihe firsl part ct}retreats Ih:ti thc im-ty ~f the first part Il:ts not dmie or suffered auythl.g xxhcrrby Ibc said prcmlscs have been encmnlmred iu any way whatever, except as aforesaid. AND Iht patty ~*f the llrst part, in ¢,}ml~liam-c with Sttclion 13 {~[ thc I.icn I.aw, c. vc.a.ts that Ihe igtrty thc liral I,;Ul will tel'tire thc ¢unsidc;alion for this CIJIIVC),;iIiCC filld will hold the light lo receive such ¢onsid- ¢ralimi as a I[ust fund to he al)plied lirst for thc i,url)ose of paying thc c.ul of Iht hnprovcmcnt nmi will apply thc 5;HIIC Ih'st I. thc [};I)'lllCll[ (}i the cum (~f Ibc Jltll)lovelllClll belt,it using ;uD, lint o[ the total of the Sallie Thc W.hl )all)" shall he construed as i[ il read l'cs whmmvcr Iht sense of Ibis iilllClilllle SO IN WI'fN~S WII~EOF, the parly uf thc lilst im.t has duly cxt'rul¢,I thb; ,Iced Ihc ,I.ty and ye:ir lirsl :~ls~ve l{ay,aond }.'iii h~J~'Ll- ....................... THLS INDENTURE, made the 23rd day of August , ninetcelt hundred and Seventy-four BET%VEEN ELIZABETtt V. FOX, presently residing at 327 West Shore Road, Huntington, New York; VINCENT FOX, presently residing at 33 Wilton Road, Huntington, New York; and MARION F. ROWAN, * presently residing at 18 Lake View Avenue North, Bright- waters, New York, as tenants in common, party of the first part. and *also known as MARION ROWAN JOHN KUJAWSKI, JR. and RAYMOND KUJA%iSKI, as tenants in common, presently residing at No. 143 Sound Avenue, Jamesport, New York, party of the second part, $56,000.00 WI 1NESSKI 1~ that the party of the first part, in consideration paid by the party ol the second part, does hereby grant and release unto the party of the second part, the hdrs 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 ~ing in theTown of Southold, County of Suffolk and State of New York, "7'? ~ [, ?T J/ bounded and ~escribed as follows: ....... : ..... ' ~ ....... ~..~. BEGINNING at a point on the northerly side of Sound Avenue, distant North 81 degrees 50 minutes 00 seconds East, 51.00 feet as measured alor the northerly side of Sound Avenue, from a point where the division line ~between the Town of Rlverhead and the Town of Southold intersects the ""northerly side of Sound Avenue; RUNNING THENCE North 19 degrees 30minubs~ 30 seconds West, 404.64 feet to land of Long Island Lighting Company, formerly Levon Properties Corp.; THENCE North 70 degrees 29 minutes 30 seconds East, along said last mentioned land, 386.90 feet to land of Edward Harbes, formerly Henry J. Reeve; THENCE South 21 degrees 58minut£ 00 seconds East, along said last mentioned land, 495.56 feet to the northerly side of Sound Avenue; THENCE along the northerly side of Sound Avenue, the following 2 courses and distances: (1) South 84 degrees 00 minutes 00 seconds West, 222.95 feet; [2) South 81 degrees 50 minutes 00 seconds West~ 195.18 feet to the point or place of beginning. BEING AND INTENDED TO BE a portion of the premises conveyed to the ~arties of the first part by deed dated December 14, 1962, recorded in the Suffolk County Clerk's Office on December 21, 1962, in Liber 5283 cp 147. SUBJECT to Covenants, easements and restrictions of record, if any. SUBJECT to a purchase money mortgage in the principal amount of $39,760, executed simultaneously herewith. TOGETiIER " ...... ' ' - ...... ·" ~ .......... and to any ~,?,~- and roads abutting the above described premises to the center lines thereof; TOGETIIER with the appurtenances and all tbe estate and rights of file party of the first part in and to said premises; TO ttAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or soccessors and assigns of the party of the second part forever. RECORDED AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the l.ien Law, covenants that the ~rty of ,the first part will receive the consideration for this conveyance and xvilI hold the right to receive such consld- eratlon as a trust fnnd to be appfied first for ~he purpose of paying the cost of the improv~ncnt and will apply the same first to the payment of the cost of the improvement before using any I~rt of the total of the s~e for any other phrase. The ~rd "~y" shall be construed as if it read "parties" whenever the sense o~ this indenture so requires. IN W~N~ WH~EOF~the party of the first ~rt has dui) ex~uted this deed the day an~year ~rst a~ve written. JOHN KUJAW~~ MARIE ONG~ON~ CARmELA L BORRELLI ONGIONI & BORRELLI ATTORNEYS AT LAW 218 FRONT STREET PO BOX 562 GREENPORT, NEW YORK 11944 TEL(516)477 2048 FAX{516)4?? 8919 March 26, 1993 Zoning Board of Appeals Town of Southold Southo!d, N.Y. 11971 This will confirm that the office of Ongioni & Borrelli represents me as my attorneys. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rabert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 23, 1993 SCOTT L. HARPdS Supervisor Town Hall, 53095 Main Road PO, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952 Re: Appl. No. 4161 - Special Exception for Accessory Apartment in Existing Dwelling Dear Mrs. Kujawski: Your application requesting approval of an accessory apartment in your existing residence at 125 Sound. Avenue, Mattituck has been received and is being processed. Since filing your application, we have received correspondence from John Kujawski indicating that he does not given consent to the processing of this application. Attached is a copy of his letter received March 18, 1993 for you. Please let us know whether or not you wish to proceed. If you decide to proceed as an owner and resident of the dwelling, we plan to calendar your application for a public hearing to be held Thursday evening, April 22, 1993. In the interim, please also: (a) indicate on the attached floor plans the rooms to be included in the accessory apartment, and the total square footage of this unit; (b) indicate the rooms to be included for residency by the owner-occupant, and the total square footage of this unit. Very truly yours, Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARINGs BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 20, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Present : (7:30 p.m. Hearings HON. GERARD P. GOEHRINGER, SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Commenced) Chairman ZBA Hearings 31 September 20, 1993 POSTPONEMENT REQUESTED BY APPLICANT AND CO-OWNER: APPL. NO. 4161 BARBARA KUJAWSKI. Application for a Special Exception for approval of an Accessory Apartment in conjunction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31(14). Location of Property: House #125 (per Town Records) at the north side of Sound Avenue, which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, and extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in the Agricultural-Conservation (A-C) Zone District. THE CHAIRMAN: Postponed as requested by applicant, without a date. (End of Evening's Hearings) jdr NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MON- DAY, SEPTEMBER 20, 1993, commencing at. the times specified below: 1.7:32 p.m. Appl. No. 4190- JOHN AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property / Location: Shore Drive, Green- port, Grecnport Shores com- bined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prec. 26). The subject premises is substan- dard in size and is located in the R-40 Low-Density Residential Zone District. 2.7:35 p.m. Appl. No 4161- BARBARA KUJAWSKI. Ap- plication for a Special Excep- tion for approval of an Ac- cessory Apartment in con- junction with the principal dwelling us6 and residency by the owner (owner occupancy) and subject to the provisions of Article Ill, Section 100-31f14). Location of Pro- perty: House No. 125 (per Town Records) at the north side of Sound Avenue, which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 100-120-1-2.2. This property consists of an area of 40,241 sq. ft. and is located in th, Agricultural-Conservation (A- C) Zone District. 3.7:50 p.m. Appl. No. 4184- CHARLES H. LEWIS (Car- ryover from the August 18, 1993 hearings calendar). Ap- plication requesting a Variance as provided by New York Town Law, Section 280-A re- questing standards of minimum improvement to the traveled bases of two separate (private) rights-of-way for safe and sufficient access by emergency, fire and other vehicles located as described below: Access to Lot. No. 1, as modified, with its proposed access over a right-of-way ex- tending from the westerly si'de of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel No. 1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel No. 1000-50-3-3.1. Access to Lot No. 2,. as modified, with its proposed access over a right-of-way ex- tending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over lands now or formerly of Regan, Linder- mayer, Stanley, Kudinka and/or Garcia and Sileo, refer- red to as Parcels No. 1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subject lot re- quiring Section 280-A ap- proval is shown as new sub- division Lot No. 2 as modified and further identified as County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above..If- you wish to review the files or need to request more informa- tion, please call 765~1809 or visit our office. Dated: September 7, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-9/16/93(4) COUNTY OF SUFFOLK SS: S I'A I'F_ OF NEW YOR~. Patricia Wood, being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice or which the annexed is a printed copy, hi~s been published in said Long Island Traveler-Watchman ooce each week for. / weeks day of. ?':'(~¥ ..... 19 .-?~ . Sworn lo before mc this ....... //'~"' ~ .............. clay ol ........ 'r.."~..~.., 19 ~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Shte of Row York No. 4g00346 Qualified in Suffolk County C.om missiol] Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town HaH, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dear Appi~nt:/ Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use appealed, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. You must notify our office prior to the advertising of the present application for the amendments. Once the application has been advertised, a..s~parate application would then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Enclosure a Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 1801 OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. u, 161 BARBARA KUJAWSKI MARCH 15, 1993 Transmitted is application for variance submitted by BARBARA KUJAWSKI, together with Notice of Adjacent Property Owners. SEQR Review Short Environmental Assessment Form, Application to the Building Department for a C.O., copy of pre-existing C.O.. Questionaire for filing with the ZBA application, Deed to property, and survey maps, floor plan of home, Building Department's Housing Code Inspection Report. Copies of Legal Notice mailed to the following 9/7/93: Mr. and Mrs. John Shack 1265 Shore Drive Greenport, NY 11944 Mr. Edward Williams 150 Seawood Drive Southold, NY 11971 (Builder-Agent for Mr. and Mrs. Shack) Mrs. Barbara Kujawski 175 Sound Avenue Mattituck, NY 11952-1113 Richard F. Lark, Esq. (Attorney for Co-Owner John Kujawski) Main Road Cutchogue, NY 11935-0973 John M. Wagner, Esq. (Attorney for Charles H. Lewis) 108 East Main Street Riverhead, NY 11901-0279 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTT L. HAR~S Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Richard G. Ward, Chairman Valerie Scopaz Planning Board Office ZBA March 23, 1993 1976 Land Conveyance to Create 40,241 sq. 1000-120-1-2.2 and 2.1 (previously Lot 2) ft. parcel Please confirm whether or not the above noted land was approved as part of a subdivision or other type of land division for the creation of a parcel identified as 1000-120-1-2.2 or 2.1, or previously Lot 2 (Lot 2.2 consists of a size 40,241 sq. ft.). Attached are copies of deeds. You will note that both Lots 2.2 and 2.1 were in common ownership in 1976 by John and Raymond Kujawski of this 40,241 sq. ft. tract and the adjoining 3.2 acres of farmland, consisting of a total of 4.2+ acres. Also attached is a copy of a deed from John and Raymond Kujawski conveying the 40,241 sq. ft. parcel to John and Barbara Kujawski. If there is no record of approval, please confirm what process is required through the Planning Board to approve this parcel, (now located in the A/C Zone District providing for a minimum of 80,000 sq. ft. of land area). The applicant is presently before the Board of Appeals for an increase in dwelling-unit density for a proposed second dwelling unit (accessory apartment). Thank you for your help and assistance. ZBA:GG:~ Attachments ~JI!~r'TOWN OF SOUTHOLD PROPERTY:  ~ =~, '; '~ l ~ou~'¢ /~vz: '-'- ~ . ' ': ".:~ ' EROWNER N E ACR. J SW ~PE OF BUILDING RES~ ~ S~S. VL. FARM CO~. . CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS Tillable FRONTAGE ON WATER ': · N~land FRONTAGE ON ROAD ' ' ' ~ ~o~ dead.land DEPTH ~ V' ~'o ~ ~ qouse Plot . BULKH~D ,. 'otol , .. .. Extension Extension /;Zoo Basement Ext. Wall~ Type R~f Dormer :ire Place Bath Floors Interior Finish Recreation ROom Dri~ewoy Dinette LR. DR. Heat Rooms 1st Floor BR. Rooms 2nd Floor FIN, B UISFLk ST/dIPS .~0 1111.5 t,;'~iJr..t'tItt.ll{Ic., made the z.~.s.C day of Oecultlbcl.' , ni~.3cen hundred and ut2¥ultty-aJ.~: BETWEEN JOiill tSKI, Jll. r"st_dl;nl~ a~ (l~jk",,lmr) ,,mini t, Jt:tlue, [!.tctttucb]-'tih-0 ~Ot. ,"'ii{i';I-'i(~'YH0tlD I..U,~/d/:,K[, r'~.,ll.n;.,, at (txo tltlmbur) Tuthills Lane, Jalaesport,-}'~ii-'~i'l-!; ........... ,arly of the first met arid JOIIN KUJAWSKI, JR. and 13,MxBAP, A KbJAUSKI, his rs: s i.d ills a [ (no 3i'53Dt(, fih - { [iKC i'bi'l[', , .; parly o[ the sccmtd part, WI'FN~ETil, that the party of the first part, in conslderalion of To. Il.liars ami other vahmhle co.sidcratlon paid by thc pady of the sec.nd part, tloc~ hereby grant a.d release rode thc paliy of the sccoml part, the heirs or successors and assigns of the parly of lira s¢co.d part forever, ALL Ihat ccrta~, pi.t, plcqq or uarcel of laqd. with the buildings and im.rovcments thereon erected, situate, ly .g ami bei.g'hi~ea~ ~.lattltuct~ 111 the To~n o f Soukhold, CouIILv of Suffolk an~ State of New York, bounded and described aa follows:- C,A..t;I'LI.;IiLiG aL: a Lm.)tiUm~:tH: Oi~ thc north.aLly aids.' oF x.fldch ltlOiiLIL,IC21&t J.a dJ.$t~L"t Lk'n.'t.h ;}l° 50' ~)O' E.31at, 51..r,~ i,lt2.3'._;t!l:u,l ~l].Ol. tg the ItiJrllht'.L'].y sJ.:le o1:floe.,1 i~-.VOfltlt.: I:!'ll!l thodce dol_'Lh 19 30 3fl Ucat al.o.,:, ld,~d el I.on? l:;la,ld I.IFht. Jn!,. GOi.l}ldG}7 lS;I.Lll feet to il },i("llllhlUllt, rilL.lille: Lhco. ce ti.leos[ih ]a.A.d o~ ,loire i(uia¥)sl:.J_, Sr. ,.md )ia),,.,}td ~:tt}axt::l.i, the follo,,dnt~ four courses a.d d/ate.cea: (1) Sortil 5fi' 13' NO l.a:,t, 1 ,,.47 I'eet:; (2) South ° ilO' 0Il" East fi2.03 feeL; (3) thence souL'.eLl/ ,Il{re.i; t-he arc of circle to the rii}[it i;avi.'K,; ii radlu:; of 2"10.Oq feet, 9::~.35 feet; (4) I:l,en<,-' :~out:h 13° ill)' ih)" East, 104.40 ~cet to a ~lJotli, tJie rlol'therly side e,£ ~i¢,ti,.,l /~vct~ue I~tu: fl~l]Gt/J~l! I.'tvO illt,.J t, istcl,Cca: (Il [;Otllkh ,,l;' 00' 0fl" {k, sL /I.;;2 FoaL, (2) ::;ouch SD' Ih)" WeSt, 195.1g fet:t EL) the 1,oltlt o;' platt.' oF llf'Glli[ilii~q. Bl.f;dt; .:v, il '[IITI:ii:IDFD '1'(I 1;15 a l~Ol:tior~ of the l>remLsos cor, vcyed to the I,arty .1: the first l)art I,y ,loud d~ltt~,l Alit[list '?.~1, 1974 illl[l l't. corded iii tl,u att! o11.. County Clerk's t fl:~cc in Llber 77n;' pal;e ""' TOGI'TI'III':I.~ ',x/Ih edl tight, lille n.(I inlt'rcsl, ii a.y, .f Ibc l,arty of Iht fil'~)l i,art ill and lo a.y streets and ;,,:L,Is ah.lli.g Iht ;Ib.x'e dc~crilwd incmiscs I. the t:c.tcr Ii.es Iherc. f; T(llil':TIII;.l{ with Iht al,l.trle.a.ccs :..I all Ihe cslah, itlld righls ur the patty .f the liras lu.t ill ami Iu said i.-cmises; T(I }IAVI'.' .'\NIl TO II 11.1 } Iht lU'~'tnb, cs hc.'ilt gte.lcd LI.hJ Ihe party uf Ihe secm.l part, thc heirs ur successors ami a~5ig.$ of the l};llly Of lilt: St!el}Iisi [};Irt fl}reveL. .a. ND Ihc italy of thc first par!. covenants thai lite I~u'ly of the first part has not done or suffered a.ydting sxhcrcby file said pI'~IIIJSeS ]I;LVe bCCll mlcnmbcrcd hi ally XVny whatever, except as aferesald. AND Ih¢ p:uly t~f lite Ih'si part, in C.mlfliam. e with St:clion 13 of the l.len l.aw, cove.a.ts that Ihe igtrly thc fir=t p:ut will receive the cu.sidmalimt f.r this conveyance anti will huhl the ~ight lo receive s.ch co.sid- cratim~ as a h'usl fi.hi h} he al>plied lit'st for the i,urpt~se of i~ayi.g the coat of Ihe improvement a.d will apply Thc Wind "pa]ly ' shall be conslrucd as if it read I'cs' whenever Ibc sense of this i.dc.h.c so req.lres. IN Wi'FN~S Wil~EOF, thc party of the Ii.st l~rt has d.ly exrc.lcd iisi?; ,Ired the day and }'car lirst wriltc.. )%lfi: -kiiiiii.iih'f',' ................ Raymond KLtj awski.- ....................... CONSULT YOUR LAWYEq~EFORE SIGNING THIS INSTRUMENT--THIS INSTRUAtS, ENT SHOULD BE USED BY LAWYERS ONLY. TH~INDENTUR~madcdte 23rd ~yof August ,ninctee,,hundredand Seventy-four BETWEEN ELIZABETtt V. FOX, presently residing at 327 West Shore Road, Huntington, New York; VINCENT FOX, presently residing at 33 Wilton Road, Huntington, New York; and MARION F. ROWAN,* presently residing at 18 Lake View Avenue North, Bright- · waters, New York, as tenants in common, *also known as MARION ROWAN party of the first part, and JOHN KUJAWSKI, JR. and RAYMOND KUJAWSKI, as tenants in common, presently residing at No. 143 Sound Avenue, Jamesport, New York, ~my of the second ~n, $ 56,000.00 WI I'NESS~I !~ that the party of the first pa~, in consideration o~lfrg~'ll,Y~lffit~li - -4 _- n paid by the ~rty of the second ~n, d~s hereby g~nt and release unto the ~y of the second pan, the h6rs or succes~rs and assigns of the ~y of the s~ond pan forever, ALL ~at certain plot, piece or parcel of ~nd, ~th the b~ldings and improvements thereon erectS, situate, lying and ~ing in theTown of Southold, County of Suffolk and State of New York, bounded and ~escr~bed as foiiows: ..... : .... ' , . .~,.~. BEGINNING at a point on the northerly side of Sound Avenue, distant North 81 degrees 50 minutes 00 seconds East, 51.00 feet as measured alon the northerly side of Sound Avenue, from a point where the division line between the Town of Riverhead and the Town of Southold intersects the northerly side of Sound Avenue; RUNNING THENCE North 19 degrees 30minutes 30 seconds West, 404.64 feet to land of Long Island Lighting Company, formerly Levon Properties Corp.; THENCE North 70 degrees 29 minutes 30 seconds East, along said last mentioned land, 386.90 feet to land of Edward Harbes, formerly Henry J. Reeve; THENCE South 21 degrees 58minute 00 seconds East, along said last'mentioned land, 4~5.56 feet to the ~.~ northerly side of Sound Avenue; THENCE along the northerly side of Sound Avenue, the following 2 courses and distances: (1) South 84 degrees 00 minutes 00 seconds West, 222.95 feet; (2) South 81 degrees 50 minutes 00 seconds West~ 195.18 feet to the point or place of beginning. BEING AND INTENDED TO BE a portion of the premises conveyed to the parties of the first part by deed dated December 14, 1962, recorded in the Suffolk County Clerk's Office on December 21, 1962, in Liber 5283 cp 147. SUBJECT to covenants, easements and restrictions of record, if any. SUBJECT $39,760, to a purchase money mortgage in the principal amount of executed simultaneously herewith. TOGETIIER wih, 'all ,~gm, titl~ and i.terest, if any-, of .t.,,,c party of the,,,o.~--' ~.~,. in and to any stre~s and roads abutting the above descrihed premises to the center lines thereof; TOGETItER with the appurtenances and all the estate and rights of lite party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of Hie second part, the heirs or successors and assigns of the party of the second part forever, AND thc party of thc first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of lhe first part. in compliance w~th Section 13 of the l.len Law, covenants that the ~rty of .the first part will receive the consideration for this conveyance and will hohl the right to receive such consid- eration as a trust fund to be applied first for %e purpose of paying the cost of the improv~ent and xvill apply the same first to the payment ot the cost of the improvement before osing any ~rt of the total of the s~e for any .other pur~se. The ~rd "~y" sha! be constrned as if it read "parties" whenever the sense of this indenture so requires. IN W~N~ WH~EO[?~ the party of the first ~rt has dul) exited this deed the day anO~year ~rst aMve ~YMOND Kl/ C b U I~ U E U RUG' '27 /974' ' Clerh of ~ C~..2~? by"-,' / ...... ; .... .._ .......... ~?~ney-inTfact ., - . . . ' LOCATION: SUBDIVISION NAME OF OWNER (s) .~DING DEPAR'I2~ENT OF SOUTtlOLD tlOUSING CODE INSPECTION REPORT 125 SOUND AVENUE HATTITUCK, N.Y. (number & street) (municipality MAP NO, LOT (s) BARBARA & JOHN KUJAWSKI OCCUPANCY RESIDENCE (2 STORY) (type) ADMITTED BY: BARBARA KUJAWSKI KEY AVAILABLE SOURCE OF REQUEST: BARBARA KUJAWSKI (owner-tenant) ACCOMPANIED BY: SAME SUFF. CO. TAX HAP NO. 120-1-2.2 DAI~: FEB. 24, 1993 DWELLING: TYPE OF CONSTRUCTION FOUNDATION STONE TOTAL ROOMS: IST FLR. BATHROOM (s) 3 PORCH TYPE BREEZEWAY DOMESTIC HOTWATER YES TYPE HEAT OIL OTHER: WOOD FRAME · # STORIES 2 ~ EXITS 9 CELLAR XX CRAWL SPACE 6 2ND FLR. 3 3RD FLR. TOILET ROOM (s) UTILITY ROOM ] DECK, TYPE PATIO, TYPE XX FIREPLACE 4 GARAGE TYPE ~ATER OIL AIRCONOITIONING X WARM AIR XX HOTWATER ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. WOOD FRAMING STORAGE, TYPE CONST. WOOD SWI~qING POOL , GUEST, TYPE CONST. O~VaK~ PROPERTY CONTAINS A TWO CAR G~hRAGE WITH AN ATTACHED UTILITY BUILDING. VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. .Y.$. RAUSFLk 5.50 llli~li~tDl~,i~ilUl(~,,inadc tim ~.LSL day o~ Dcc~lfl~x- , nhlctccn inlndlcd and HaCLlCucb, t~ew ~o~. and RAYHOND K J,JAUSK'[, l.n;~ aL (no number) Tukh~tls Lmm. Jamesporc,-'N6;~--y~E] l.arty of tfie first part arid .J_OiIN KUJAWSKI JR and /dAR' · KIJAI[SKI, his wife, p;uty o[ the sccoml part, WITN~ETII~ Ihat tile party of the first mr c s eralio, of Ten I)o rs a I other vii.able co.shletalion paid ~ I m p;.ly of the secom part, ~ oe~ ~crdW grant and rdcase o.to the pauly o[ the sec.nd part, the heirs or succcssor~ and assigns of the parly of the second part forever, ALL lhat ce~la~n,l~lot ~jeq~ of p~rcel o[ lined, will t q b d gsa i~ ~rovcments thereon creeled silt ate lyingatnlhelng.~t~beaE HaUEltucK 111 Lite lown Of whi~tt m(>ilu,,~et~t is distant ~orth irtua~;t~re3 along the tJ,~rl:her[v oi' Soukqold ii*tqrsecCu Il,t: ,LOgl:lit~r[y . ' Co;ap.l~;~ ]5,h.(;/~ feet to it hiOlltlh~tHtC. ]TIIlallilif= khetic~2 tJi~-otli~h ]~d o~ · }ohtL i(tt}av,S[:.~, 3r. and Ka/.,,/ld ;.it}dw::i.j t:ht~ Fol. lo,,~iui; four courses arid d/statJces: ti) a.~rCa .>,, .k3 fit, La:st:, lqq.;7 Feel:; (2) .'outh I.-~° 0O' 0W' East 62.03 get]L; (]) glmncu southerl.: ,ilo., t:he arc of :~ circle t:o the ~:i~;ht l;it,;i~l~l i~ ]:adl~]~; of 230.00 [eeL, 'a distal,ce o[ 9;3.35 feet; (4) I:betlt:,~ Sout:h 13° 36' 'L')" East, 104.110 ~cek to a 5:~' ilO" t/est, 195.1E feud: co tl~e point ok place of t~fiGItililiiC. Iii.ltd,: 71..ll [WI'l:iHi~Fb '1'O IlL a l,ortion of the premksos COL,'zcyed to the party of tim first t,a]:k I,y ,iced d~l[:ed All~'.tlgt 211, 1974 and ri. corded ill I:l,u iitLl?fol, k County Clerk's tJffice Jn 1,/bt:r 7702, ira;Se 'JS,'i. T('~IH;.TIII,'It ~ ilh ;ill l itl]t, lille and inlt'l('sl, it ;Lny, ,1[ the party of Ihe liIM pall ill lind tip a.y streots It,ads ;Lhnlling Iht' al.,vc d{'sct'iln'd i. CtlliSCs I. Iht Ct'Jilter [Jilts lllcleof; TI 1( il?TI'Ill(J4 wilh Ihe ;i},iMirICli;LiiCcs aml all thc cst;tlc ami rights of the p;tJly of the lirst piul in ami lo ~tid premises; '1'O IIAVE ANI) TO lit ~l.I )Ihc 1~ '1 i{at,s licit'ill gl;u,tcd IIIllo the party of the second part, Iht heirs (,r s.cccssors ami assigns of lite l)ally .[ thc act:trilL/ part fulcvcr. ANI) lhe p:uly ,,f the first part tort:hints thai Lite party of Ihe first l,att has .or done or suffered a.ylhing ~hcrvby IJ;c si,id i.'cil]iscs have bceu c[]cu,.bcred i. any ~vay whatever, except as aforesaid. ;tNt) lln~ l;;Uly ,,[ the lit'si pa:t, iii onnl~liam, t? ~ith Scclion 13 ~,f Iht 1Jen l,aw, cm'c.a.ts Ilmt Ihe i~rty thc firm pall xxill receive the considmatiou [or this c.nvcya.ce :triLl will Ix.hi the ,ight to receive s.d, co.sid- cr;tli.n as a h'ust fmnl lo he applied Ihst for lhe purpose o[ payi.g Iht c.st of Ibc improvement ami will apply Iht 5;unc lirst t,, [}lc i,;,ymmit of the c.st of lhc ixiipfOVClHClll heroic IlSillg ;lily pall of file Iotal of thc Sallie for The ~ i,I I} shall be conslrucd as if it read "1 ri'cs' whcoevcr lhe sense of this imle.hue 5o req.ires. IN Wl'fN~S Wll~EOF, the lntily of Iht fiz~t pall lilts d.ly excc.lol Ihb; ,h?cd Iht day alld }'car lirsl wrillcn. Ray aotl,l ' K{ij m,;~i; i ........................ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) 5arbara ~ujaws~i Tenants in common JohD K~]~w~, Jr. Tenants in common B. Is th~ subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { x} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NO E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? YES If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map ~s approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? YES If yes, please explain where or submit copies of deeds.~is a tenant in common with his brother, Raymond, on the parcel of land to the east. I. Please list present use or operations conducted at this parcel Primary residence and proposed use Primary residence with accessory apartment Authorized S~i~h~ure and Date 3/87, 10/901k Slale Environmental Oualily Review SHORT ENMIRONMEbJTAL ASSESSMENT FOR~I For UNLISTED ACTIONs Only PART f--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ara Ku- awski ¢ z. PROj~GT NAME uu.,c~o~.,v Mattituck Suffolk 125 Sound Avenue. Matti~uck, New York 11952 (3rd house west of Aldrich Lan~, North'side of Sound Avel) Put accessory apartment in east wing of house. SEeR Parm house surrounded by potato"growin9 operations and acreage. ¢,TATE OR LOCAL)7 I CERTIFy THAI' THE INFORMATION PROVIDED ABOVE IS T~qUE TO THE BEST OF MY KNOWL£DGE F--~-lhlhe action Js in tho Coasl,~l Area and "ou ----------'---- · · I are a stale a / Coast3l Assossmen~ For~ bolo ....... · gency, complete lbo ~ -~ t~uueealng with this OVER 1 (Continued on re:/erse side} ~order to answer the questions in thlshort tha~ the pregarer will use CUrrently E,%F it is ass~ed project and the likely im~ . . available ' (b) If any question has been anz~ered Yes the project ma~ be siq- (c) If all questions have been project i~ no~ significant, answered No it is likely that the Will project result in a farce 9hysical chan~e to ~be project s~te or Physically alter more ~than l0 acres of land? 3. 4. 5. 7. 8. ii. 12. 13. 15. Will there be a major change to any unicue or Will proje'ct have a major effect on Visual char-. ~-~e, qlare, Vtb~a~l .... ]ec~lo~ab~e odars, Will PrOjec~ have any impact on pub[i~ health ...... J ~ ~J ~) COUNTY OF SUFFOLK J?.~SOUTHOL~D ~ S,CT,O..O so-5,~/~, a~ 12 0 7 BARBARA KUJAWSKI SOUND AVE., PO, BOX 1113 ~. MATTITUCK, NY 11952 ~ ~ ~ ~ TOWN OF SOUTHOLD, ~EW YOP~K ACTION OF THE ZON]/WG BOAKD OF APPEALS Appeal No. 2944 by application Dated January 14, 1932 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Mrs. Barbara Kujawski 125 Sound Avenue Mattituck. NY 11952 at a meeting of the Zoning Board of Appeals on Apr i 1 3, 1982 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~{~ Request for a variance to the Zoning Ordinance Art. III , Sec . 100--30A ( ) Appellant the appeal 1. SBECr-~X~9:eni.~l~li~hx~w~<E~t<Mx~F~x~rax~m~kwa<XlgaXxax~ir~XXi/:~tion ( ) be ~anied ( ) be denied pursuant to ~ticle .................... Section .................... Subsection .................... p~a~aph .................... of the ~n~g ~dinance an~ the dec.on of the Building I~peclor ( ) be reversed ( ) be ~mXa. Public Hearings 2/4/82 & 2/26/82: UDon application of Barbara Kujawski, 125 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permis- sion to conduct real estate branch office at premises zoned "A" Agricultural and Residential, more particularly known as 125 Sound Avenue, Mattituck, NY; bounded northwest, northeast and east by J. Kujawski & ano.; south by Sound Avenue; east by LILCO. County Tax Map Parcel No. 1000-120-1-2.2. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical di/ficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district becauze (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the charac.ter of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decision~ of the Building Inspector ( ) be confirmed ( ) be reversed, lk ) be denied and FORM ZB4 ZONING BOARD OF APPEALS This is an appeal for a use variance to permit residentially zoned property to be used as a branch real estate office. The premises in question are located on the north side of Sound Avenue, and comprises approximately 40,241 square feet in area. The property is improved with a 1-1/2-story wood frame dwelling house, together with a detached private garage. It is designated on the Suffolk County Tax Map as District 1000, Sec- tion 120, Block 1, Lot 2.2. All neighboring property is in the "A" use district. The dwelling is occupied by appellant and her children as a private residence. It is the intention of the appellant to use a portion of the dwelling for the operation of a branch real estate office. Although the zoning code permits certain specified professional offices to be located in a private dwelling, as an accessory use, subject to specified conditions, a real estate office is not one of these specified uses. Accord- ingly, such a use may only be allowed by the grant of a use variance. It is well established that before a use variance may be granted by this board, unnecessary hardship must be demonstrated by proof that: (1) the land cannot yield a reasonable return if used only for the purpose allowed by the code; (2) that the plight of the Owner is due to unique circumstances and not to the general conditions in the neighborhood, and (3) that the use applied for will not alter the essential character of the neighborhood. At the hearing, the only proof submitted was applicant's statement bearing on the suitability of the building and land for the intended use. No evidence was presented on the issue of unnecessary hardship. In the absence of such proof, this board may not grant a variance. At the hearing, certain legal questions were presented in opposition to the grant of this variance. However, since the board must deny the application for the reasons stated, the board deems it unnecessary to address such issues. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to deny Appeal No. 2944, application of Barbara Kujawski in which permission was requested to conduct a real estate branch office at premises known as 125 Sound Avenue, Mat- tituck, NY. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Douglass. Member Goehringer abstained from vote. Member Sawicki was absent. APPROVED Chairman Boa~'ot App~J$ JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 P~.~e: 516- 765 -1801 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: · 1. That it is th.~nl~-n~i~ O~ the~--~.d to petition the Board nf Appeals of the Town of $outhold a (Variance) (Special ExcePtion) (Spec!~Dermit) (Other) [circle choice] to 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~, such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning C,,ode ~4~plicable to the relief sought by the under- signed are Article ~ ~ ~._ [ ] Section 280-A, New York Town Law for approva-13of 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 ma), then and there exa~mine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appea~s; that a notice of such hearing must be published at least five days prior tO the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the .,ght. a,.d:.to app..r~.~/C~/C~.~____.nd h. he.rd a, such h.ar,n,. ~.~J~.~-~' Owners' Names :-%~ ~3~ [ Post Office Add~.. ~ ~ Tel. No. ('~) '2-.c:L~-~r~'-~:~c::~ [Copy'of sketch or plan showing proposal to be attached for convenience purposes.] Proof OF MAltING OF NOTICE ~TTACH CERTIFIED MAIL RECEIPTS P 283 754 107 ADDRESS ,.Receipt for Certified Mail No insurance Coverage Provided Do not use for International rv~il (See Reverse) Postage J A ~ ~ p 283 754 108 Receipt for .- Certified Mail No insurance Coverage Provided Do not use for international MaiJ (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ ~,c~,~.. , being duly sworn, deposes and says that on the day of ¥'L~c~J~ <~ ,19 ~L.~ , 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 addresse~ of said persons as shown on 'he current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- 'c at ~c>~c~L.~c~ ~.~, .~, L L~--( I ; that ~aid Notices were mailed to each of said persons by 'tiffed) (registered) mail. Sworn to before me this day of ~ · Not/~ry Public Nora- Term (This side does not have to be complet'ed on form transmitted to adjoining property owners.)