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HomeMy WebLinkAbout5058 AecY704, � Atc`"� 9�� 1 q 00 Prn.& Tleu RcL, (' h A 0 15.117,12 _ �•-�r,,.c.�c�r;�xo �- c�ert.e_ . (gin - _G�� . - G�rn�n�.e.Y� c.�-c� APPEALS BOARD MEMBERS ®�®SQFFQ(�C � OG Southold Town Hall Gerard P. Goehringer, Chairman = y6 53095 Main Road Lydia A. Tortora y ? P.O. Box 1179 t George Horning 0 ® Southold,New York 11971-0959 Ruth D. Oliva �� ®� ZBA Fax (631) 765-9064 \a� Vincent Orlando Telephone (631) 765-1809 (� http://southoldtown.northfork.net / BOARD OF APPEALS 3 TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2002 Appl.No. 5058—ANN BERGER and CHRISTINE KOSMYNKA as TENANTS IN COMMON, and EUGENE BERGER and MARTIN KOSMYNSKA as TENANTS IN COMMON. PROPERTY LOCATION: 2040 Pine Tree Road,Cutchogue (combined lot area,consisting of CTM Nos. 15, 16, 17 of Section 98,Block 1.) Note. Conditions also refer to another lot opposite this parcel referred to as CTM-98-1-11.2 (owned by M. and A Kosmynka). DATE OF PUBLIC HEARING(S): February 21,2002,March 28,2002,June 20,2002. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the westerly side of Pine Tree Road in Cutchogue and consists of a total area of 59,014 sq.ft. It is an improved lot with a dwelling and garage building located at the center of the property. The parcel consists of smaller lots shown on the March 28, 1935 subdivision map,filed in the Suffolk County Clerk's Office as Map No. 1179 of Nassau Farms,referred to as#29, 30, 31, and 32. Applicants' property is improved with a dwelling and garage building,near the center of the property. The 1935 map shows a size of approximately 60+-ft. in width,and 13,650+-sq.ft. in size for each. BASIS OF APPLICATION: On November 8, 2001, the former owners of the property, Peter and Valerie Leoniak,filed an application with the Building Department for a division of merged lots into two lots,with a lot size of 22,397 sq.fL and 104 ft.in width with an accessory building for proposed Parcel I,and with 36,617 sq.ft. and 125 ft.in width with a single-family dwelling proposed Parcel IL The Building Department disapproved the application on November 8, 2001, and again on November 29, 2001, as amended,for the reason that it would create nonconformities in lot sizes: 36,617 sq. ft. and 125 feet in width (proposed Parcel H), and creating a second parcel (proposed vacant Parcel 1)of 22,397 sq.ft. and 104 feet in width,and place an accessory building on a vacant lot. Subsequently,by letter dated July 25,2002,the Board of Appeals received information to show that the entire property was conveyed out by deeds dated March 29,2002,by the Leoniaks to Berger and others. OTHER INFORMATION: During 2001,by separate application filed under Appl. No. 4995,Peter and Valerie Leoniak,the former owners/applicants, submitted a request for Lot Waivers for three merged parcels. During the public hearing process were held on this application and the application was withdrawn. Subsequently, applicants filed area variances under Appl. No. 5058,proposing insufficient lot area and width in this division of merged property,for two undersized parcels for consideration,as an alternative to a Lot Waiver or change of lot line application. FINDINGS OF FACT RELIEF REOUESTED: Variances are requested for the following: Page 2—July 25, 2002 ZBA Appl. No. 5058—Berger and others Parcel 98-1-15, 16, 17, also 98-1-11.2 at Cutchogue (1) Article IIIA, Section 100-30A.3 of the Zoning Code for the reason that both proposed Parcels I and II do not meet the minimum code requirement of 40,000 sq. ft. per lot, and do not meet the minimum requirement for lot width of 150 feet per lot in the Residential R-40 Zone District. Parcel I is proposed of 22,397 sq. ft. in area and 104 sq. ft. of lot width; Parcel lI is proposed of 36,617 sq. ft. and 125 ft. in lot width. (2) Section 100-31 of the Zoning Code for the reason that an accessory garage is not permitted on a lot. The accessory building is proposed on Parcel I without a dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicants (former owners) believed they had a total of three lots, and later learned that the lots were merged under Section 100-24 and 100-25 of the Zoning Code. The former lots (CTM 15, 16 and 17) were similar to those shown on the 1935 subdivision map, and those lots existing in the area. The new layout of the property will create a total of two lots, and which are equal to, or larger, than lots in the area. (Please also see hearing transcript which is incorporated as part of the record,for facts and testimony provided.) 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot does not contain a minimum of 80,000 sq. ft. to create two lots of 40,000 sq. ft. 3. The code requirement is 40,000 sq. ft. per lot and a minimum lot width of 150 feet. The relief requested for the lot size of proposed Parcel I is substantial because it only meets 56% of the code requirement (22,397 sq. ft.). The variance is not substantial in relation to the lot size of proposed Parcel II because it is 36,617 sq.ft. and meets 91.5% of the code requirements 4. No evidence has been submitted to suggest that variances requested for the lot sizes in the proposed Parcels I and 11 will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second building lot, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Orlando, and duly carried,to GRANT the Variance as applied for, in accordance with the map approved 10/23101 prepared by Kenneth H. Beckman L.S., SUBJECT TO THE FOLLOWING CONDITIONS: i Page 3-July 25, 2002 ZBA Appl. No. 5058-Berger and others Parcel 98-1-15, 16, 17, also 98-1-1[2at Cutchogue 1. That the ownership of proposed Parcel II and CTM 98-1-11.2 (currently owned by Martin and Christina Kosmynka as their residence, across the street, be of the same ownership; 2. That the yard and garage on proposed Parcel II be maintained in neat condition,with no outdoor storage-except hat one boat may be permitted. 3. That a natural evergreen screen be planted of arborvitae at a min. height of four feet and four feet apart, inside of the north property line of Parcel II during the Fall 2002, and be kept maintained. 4. That only one driveway shall be constructed for Parcel II, and the driveway shall remain on the southerly side of the property(as currently located). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Member ringer (Chairman), Tortora, Horning, and Orlando. (Member Oliva was absent due to mily illnes T ' esolu r u adopted(4-0). G and P. Goehringer, airma August 16, 2002 RECEIVED AND FrLED BY E SOUTHOLD TO 'r l C:�i TK 6. t t T@CPv a`t. 01'v_2o =,T= 1 VIP" . LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS Thursday, June 20, 2002 Public Hearing NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 20, 2002, at the time noted below (or as soon thereafter as possible); 8:20 pm Appl. No. 5058. Peter and Valerie Leoniak, et al. This is a request for Area variances under Sections 100-30A.3 and 100-31, based on the Building Department's November 29, 2001 Amended Notice of Disapproval. The applicants propose to create two parcels out of a 58,014 sq. ft. area (identified as County Tax Map Lots 15, 16 and 17 in Block 1, Section 98). Each of the proposed Parcels will have an area of less than 40,000 sq. ft; Parcel #1 will also have a lot width (frontage) of less than 125 ft., with an existing accessory garage on a vacant lot, proposed at this time without a principal use. Location of Property: 2040 Pine Tree Road and Bittersweet Lane, Cutchogue. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of the above hearing. The hearing will not start earlier than designated above. This file is available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 21, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (Tel. 631-765-1809) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 8, 2001 Amended:November 29, 2001 TO: Peter and Valerie Leoniak 2040 Pine Tree Road Cucthogue,NY 11935 , Please take notice that your application dated November 8, 2001 For a permit for a division of merged lots at Location of property 2040 Pine Tree Road, Cutchogue County Tax Map No. 1000 - Section 38 lock 1 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed lot line change pursuant to is not permitted pursuant to Article IIIA Section 100-30A.3. which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District according to the bulk schedule is 40,000 square feet and the minimum required lot width is 150 feet The proposed lot set off would create a non-conforming lot (Parcel 11)that measures 36,617 square feet with an insufficient lot width of 125 feet. The adjacent lot (Parcel 1) would also become non- conforming measuring 22,397 square feet with an insufficient lot width of 104 feet In addition, the lot line change will locate a one story accessory garage onto parcel I which is not permitted pursuant to Article IIISection 100-31 An accessory garage is not a permitted use Total lot coverage, following the proposed lot line chane will be a roximatel four 4percent on lot II and approximately 2 percent on lot I Authorized Signature Cc: ZBA, File TOWN OF SOUTHOLD ® BUILDINGFEkmrrAPPLICATIONCHECKLIST: BUILDING DEPARTMENT Do you have or need the follo` before TOWN HALL applying Board of Health SOUTHOLD, NY 11971 3 sets of Building Plans Survey Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Approved_ 20 PERMrr NO. Disapproved a/c _. Building Inspector i 0 8 APPLICATION FOR BUILDING PERMIT MERGER DETERMINATION Date May 16 2001 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to sale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations, for the construction of buildings,additions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable Iaws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Valerie Leoniak and Peter Leoniak By: William C. Goggins, Atty. (Signature of applicant or name,if a corporation) 295 Fanning Road New Suffolk New York (Mailing address of applicant) State whether applicant is owner,lessee, agent, architect, engineer, general contractor, electrician,plumber or builder -Attorney for Owner Name of owner of premises Peter Leoniak and Valerie Leoniak (as on.the tax roll or latest deed) If plicant is a corporation, 'gnature of duly a orized officer ame and title of corpo e officer) Builders L ense No. Plumbers Lic e No. Electricians Licens No. Other Trade's License. 1. Location of land on which proposed work will be done: House Number Street utcho ue .Hamlet k County Tax Map No. 1000 Section 98 Block 1 Lot 15 16 17 Subdivision Nassau Farms Filed Map No. Lot 29, 30, 31, 32 (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Vacant lot Im roved lot Vacant lot b. Intended use and occupancy Improved lot rmproved lot_ 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost **/A _ Fee (to be paid on filing this application) 5. If dwelling,number of dwelling units N/A Number of dwelling units on each floor. If garage,number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Residential 7. Dimensions of existing structures,if any: Front N/A . Rear Depth Height _Number of Stories Dimensions of same structure with alterations or additions: Front N/A Rear Depth Height Number of Stories 8. Dimensions of entire new construction: FrontN/A Rear Depth Height Number of Stories 9. Size of lot: Front N/A Rear Depth 10. Date of Purchase Name of Former Owner Rothleder and wife 11. Zone or use district in which premises are situated R c o 12. Does proposed construction violate any zoning law;ordinance or regulation: No 13. Will lot be re-graded No Will excess fill be removed from premises: YES NO 295 Fanning Road, 14.Names of Owner of premises Leoniak Address New Suffolk Phone No- c/o 298-4200 Name of Architect Address Phone No Name of Contractor Address Phone No. 15. Is this property within 300 feet of a tidal wetland? *YES NO x •, IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey,indicate scope of project,to scale,with distances to property lines. 17, if elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF UFF LK Valerie Leoniak being duly sworn,deposes and says that(s)he is the apphcant (Name of individual signing contract)above named, (S)He is the Attorney for Owners (Contractor,Agent,Corporate Officer, etc.). of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swo to before me this �`� day of Ma 20 p i 11 UG° l/ Signature o licant otaryPubli WILLIAM C. GOGGINS DONNA M.PALMER Ndw y Public,statedNewYc* No.01PA506997s Quefied in suffdk Count! ' Comsnisaa�Eupi;esDeoembet9, AMENDED APPLICATION ' ( For Office Use Oniy Fee Assigned No. ( oS� JAOWN OF SOUTHOLD, NEW YORK AREA VARIANCE j�6 S� APPEAL FROM DECISION OF BUILDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED N veibp .29.1.. 2.0,Q.1... v. .. TO THE ZONING BOARD OF AP S: I (we0,�. eoniak„an val,, t�„1gQpj .. . v VI _ ppellanMt� • J Nt2�i` ii45Z:� of...,L,� Lt�r°/�i4"�4 �� s,.. s ® .�es., 1. 1oc1.1:`.a (Tel # �� ®® HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED November„29, 200 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION ( ) Permit to Build O Permit for Occupancy RECEIVE [) ( ) Permit to Use ( ) Permit for As-Built DEC 4 (X ) Other convert the three (3) merged lots into two (2) lots urngig Town Clerk 1. Location of Property Pine„Tree Road, CutchogM Zone District 1000Section..9$ .Block..1:.Lot(s) 15,16,17,,,,,,,,,Current Owner..APBlic�Lnts,,,,,,, 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article. Section 100- -AJ....Sub-Section L .... ........ fi.e�`ic.�: JD -/�is a,�, , ,,,z o(t�-c!� I.i-zJ-o/�� OeR. l�Ce . 3. Type of Appeal. Appeal is made herewith for. ( ) A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap, 62, Cons. Laws Art.16, Section 280-A. ( ) Interpretation of Article .......... Section 100. ................. ( y) Reversal or Other: .Gouvext..Xbx€,�..Ot@? g?a,lots into two (2) lots with a redrawing of the division line as applied for. Hence, *div a"Hy**E'ff6 To£'. 4. Previous Appeal. A previous appeal (has) (has hof) been made with respect to this property or with respect to this decision of the Building Insppector(Appeal #...... Year .......). *This appeal is an amendment to Application �k�+995-200I REASONS FOR APPEAL (Additional sheets may be used with applicant's signature) AREA VA91ANCE REASONS: (1) An undesirable --hange will not be produced in the CHARACTER of the neighborhood or a detriment to n., by properties, if granted, because. merged lots The division of the three (3) I area than thenlotswin(thelnei hborhoesult in two (2) lots of equal or greater neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to Pursue, other than an area variance, because: there is no other legal means to achieve the result desired. (3) The amount of relief req,,s=sfed is not substantial because: the two (2) lots proposed recognize a lot that is consistent with the size of the lots in the neighborhood. (4) The variance will NOT 'love an adverse effect or impact on the physical or environmental conditions in «rte neighborhood or district because: no change to the slope or contours of the land is required to effectuate the applicants intents. (5) Has the alleged difficuliv been self-created? ( ) Yes, or (X) No. This is the MINIMUM that is rctncessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( } Check this box if USE VAkIANCE STAN A 1 d and attached. Sworn to before me this (Signature o ellant or Authorized Agent) 26th d o v e 20 01 (Agent must submit Authorization from Owner) Nofary P lic ZBA APP 08/00 .. N-ft Pdk,Stateof New 1 N0.4963689,&jM i;oyo COlmn-ft Expires Mum 12, TOWN OF SOUTHOL0-00PERTY RECORD CARD /l-J6 \OWNER STREET al VILLAGE / DISTRICT SUB. LOT -RV Y ��1 , ��.Ql�d��� ' � ! /h @ /k-�@�'. /�'Oa2 Q� �/� �� �i ¢� �� '� 4'f /—t►',-rre. �f` O NERC C N E ACREAGE e �l7 S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS -- �Cel� — L SI AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD 6`� Tillable I Tillable 2 — Tillable 3 Woodland — — Swampland Brushland House Plot Total o _ A61 TOWN OF SOUTHOL � ROPERTY RECORD CARD � OWNER STREET - VILLAGE DISTRICT SUB. LOT 74 Q E 1✓�le � e l �nY, �cic fr- 1toad � r ><-' /1/a�r�r� d � e ' FORMER OWNER N E ACREAGE r z CA Rb4,�hf 4d 4. S W TYPE OF BUILDING, . It 40 + - RES. , � SEAS. VL. — FARM COMM. I IND. I CB. I MISC, Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS �Q �( q �j �(//y �r1 ey 7 V d "'//9�F1 .6''l� eohSl" a.,/ r .c,-x, 0 A,'� �.. �d o6 16 c� �a a� �� �Q �z� � � ���� ���i J �„-r CZc'{'r•Ickd,�r �,,,�,,� � 0 d —3666 em (Y 6. 3 Ik ?a - IR AGE BUILDING CONDITION ry NEW NORMAL BELOW ABOVE FRONTAGE ON WATER yP.-!�r'6 fief. I Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I / 5n XuFanil Tillable 2 DOCK a. Tillable 3 -- [� n Woodland Swampland l l�e/ l Fl Brush tars House Plot -- .Total -- -- - u{.a6r auk Ptd€I ' v 9'S, � � N' ,.. a" - fic j� �Ili . ■. i1. � d �•y �v Foundation Bldg.M. 12 Ba •• Extension 1-�- Finish SY Ext. Walls Interior h Extension Extension0 0) i PlaceFire i, .o • • .- E o � Gla Me Patio Rooms 2nd Floor 'k Breezeway >j — Driveway Dormer k?,le— ••• / �i • to _1 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB.4i LOT # ,�9 d 40,1 FORMEROWNERN E .Lr /a 7 NAl h e r S W TYPE OF BUILDING RES. 3l( SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS t� y 9� / lam w/.lE''tf' z2.d ?do 3�6 6 '14 6 312,Ce k 3 ) AGE f BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD �r House Plot DEPTH Total =DOCK • OFFICE OF 0 ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email: Linda.Kowalskina,Town.Southold.ny.us or Paula.Quintieri(ieTown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION FAX# X5.3 ATTN: DATE: 8,//// /2002 REF: A/�l�2in99 .6LU 1 G ai, ,5 M�EES�+SAGE: � ��n/ ��i�fJ����/t//l/�✓�, 67 � 61TN'-LIQ-/LII-..f' wacr / h� ( �a Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: . D J LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 WILLLIAM WICKHAM MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A. WICKHAM SUITE I I I ---- MELVILLE, N.Y. 11747 LYNNE M.GORDON 631-298-8353 ---- JANET GEASA TELEFAX NO.631-298-8565 631-249-9480 \1 FAX NO.631-249-9484 September 27, 2002 Southold Town Planning Board PO Box 1179, 53095 Main Road Southold,New York 11971 Re: Burger/Kosmynska; 2040 Pine Tree Road, Cutchogue,NY SCTM41000-98-1-15,16 and 17 Gentlemen: We represent Dr. and Mrs. Thomas Cottrell, who own the property immediately to the North of the property in question. Dr. Cottrell has advised that he received a notice that this matter is scheduled for a public hearing on October 7, 2002. We would like to advise the Board that the applicant caused two sheds to be placed on the property behind the garage within just a few days of the Zoning Board of Appeals decision which permitted only the existing accessory building (the garage)to remain on Lot 2 of the proposed subdivision without a principal building. Further,this is in clear violation of the Zoning Ordinance if your Board approves Lot 2 as a separate lot. Our requests to remedy the matter have been unsuccessful. We therefore ask that prior to granting any approval,that you require the applicant to comply with the Zoning Ordinance and the Zoning Board of Appeals. It also appears from a review of the ZBA decision that a variance for an undersized lot was granted, and that no waiver of merger was granted. Accordingly, the property is one lot at present and a division pursuant to subdivision may be subject to your current moratorium. It does not comply with your current set off policy. Lot 2 is not a larger, further subdividable parcel. Thank you for your consideration. VePail iyo rs, kh Cc: ZBA, E. Forrester, B. Goggins I �Ir WORK SESSION AGENDA Z 3 SOUTHOLD PLANNING BOARD Monday, August 26 @ 4:30 PM Y �� Doroski Family Limited Partnership Trust Applicant Agent Attending Minor with Executed Conservation Element SCTM# 1000-69-01-09 Ed&Angela Ernst Applicant Attending Major with Conceptual Conservation Component SCTM# 56-1-11.1 Burger/Kosymnka 0' Lot Line SCTM# 98-1-15, 16 & 17 V p1�' , See Attached Documents IY J� East Marion Woods Access Question SCTM# 30-1-5.1 MT/8.21.02 0 r WORK SESSION AGENDA SOUTHOLD PLANNING BOARD SITE PLANS Monday August 26, 2002 4:30 PM Pellegrini Vineyards SCTM# 109-1-8.7 (Main Road, Cutchogue) Agent attending. Peconic Landing SCTM# 35-1-25 (North Road Greenport) Entrance structure proposal. North Fork Bank SCTM# 122-6-20 &22 (Main Road, Mattituck) Parking reduction request. Hart's Hardware SCTM#70-5-6.2 (Main Road, Southold) Wrap up for final. {{ Elbow East Restaurant SCTM# 54-5-22 (Main Road, Southold) New application. Lewis Marine Supply SCTM#48-2-1 & 44.1 (Corwin Street, Greenport) New application. APPEALS BOARD MEMBERS • gpFFO( • Southold Town Hall Gerard P. Goehringer, Chairman 'y� 53095 Main Road Lydia A. Tortora co P.O. Box 1179 George Horning ' Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax(631) 765-9064 Vincent Orlando �Ql �� Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD August 19, 2002 William C. Goggins, Esq. 13105 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Appl. No. 5158 — Lot Area Variances Dear Mr. Goggins: Enclosed please find a copy of the Board's variance determination with conditions for the above application. Please be sure to follow-up with other departments and agencies which may have jurisdiction regarding this zoning review/application process. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Planning Board Abigail A. Wickham, Esq. t ' APPEALS BOARD MEMBERS • gUfFU(,� Southold Town Hall Gerard P. Goehringer, Chairman h� yj� 53095 Main Road Lydia A. Tortora h Z P.O. Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Olivad �! ZBA Fax (631) 765-9064 Vincent Orlando l �a Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2002 Appl. No. 5058—ANN BERGER and CHRISTINE KOSMYNKA as TENANTS IN COMMON, and EUGENE BERGER and MARTIN KOSMYNSKA as TENANTS IN COMMON. PROPERTY LOCATION: 2040 Pine Tree Road,Cutchogue (combined lot area,consisting of CTM Nos. 15, 16, 17 of Section 98,Block 1.) Note: Conditions also refer to another lot opposite this parcel referred to as CTM 98-1-11.2 (owned by M. and A. Kosmynka). DATE OF PUBLIC HEARING(S): February 21,2002,March 28,2002,June 20,2002. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the westerly side of Pine Tree Road in Cutchogue and consists of a total area of 59,014 sq.ft. It is an improved lot with a dwelling and garage building located at the center of the property. The parcel consists of smaller lots shown on the March 28, 1935 subdivision map,filed in the Suffolk County Clerk's Office as Map No. 1179 of Nassau Farms,referred to as#29, 30, 31, and 32. Applicants' property is improved with a dwelling and garage building, near the center of the property. The 1935 map shows a size of approximately 60+-ft. in width,and 13,650+-sq. ft. in size for each. BASIS OF APPLICATION: On November 8, 2001, the former owners of the property, Peter and Valerie Leoniak,filed an application with the Building Department for a division of merged lots into two lots,with a lot size of 22,397 sq. ft. and 104 ft. in width with an accessory building for proposed Parcel I,and with 36,617 sq.ft. and 125 ft.in width with a single-family dwelling proposed Parcel IL The Building Department disapproved the application on November 8, 2001, and again on November 29, 2001, as amended, for the reason that it would create nonconformities in lot sizes: 36,617 sq. ft. and 125 feet in width (proposed Parcel Il), and creating a second parcel (proposed vacant Parcel 1)of 22,397 sq.ft. and 104 feet in width, and place an accessory building on a vacant lot. Subsequently, by letter dated July 25,2002,the Board of Appeals received information to show that the entire property was conveyed out by deeds dated March 29,2002,by the Leoniaks to Berger and others. OTHER INFORMATION: During 2001, by separate application riled under Appl. No. 4995,Peter and Valerie Leoniak,the former owners/applicants, submitted a request for Lot Waivers for three merged parcels. During the public hearing process were held on this application and the application was withdrawn. Subsequently, applicants filed area variances under Appl. No. 5058,proposing insufficient lot area and width in this division of merged property,for two undersized parcels for consideration,as an alternative to a Lot Waiver or change of lot line application. FINDINGS OF FACT RELIEF REQUESTED: Variances are requested for the following: Page 2—July 25, 2002 � ZBA Appl. No. 5058—Berger and others Parcel 98-1-15, 16, 17, also 98-1-11.2 at Cutchogue (1) Article IIIA, Section 100-30A.3 of the Zoning Code for the reason that both proposed Parcels I and II do not meet the minimum code requirement of 40,000 sq. ft. per lot, and do not meet the minimum requirement for lot width of 150 feet per lot in the Residential R-40 Zone District. Parcel I is proposed of 22,397 sq. ft. in area and 104 sq. ft. of lot width; Parcel II is proposed of 36,617 sq. ft. and 125 ft. in lot width. (2) Section 100-31 of the Zoning Code for the reason that an accessory garage is not permitted on a lot. The accessory building is proposed on Parcel I without a dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicants (former owners) believed they had a total of three lots, and later learned that the lots were merged under Section 100-24 and 100-25 of the Zoning Code. The former lots (CTM 15, 16 and 17) were similar to those shown on the 1935 subdivision map, and those lots existing in the area. The new layout of the property will create a total of two lots, and which are equal to, or larger, than lots in the area. (Please also see hearing transcript which is incorporated as part of the record, for facts and testimony provided.) 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot does not contain a minimum of 80,000 sq. ft. to create two lots of 40,000 sq. ft. 3. The code requirement is 40,000 sq. ft. per lot and a minimum lot width of 150 feet. The relief requested for the lot size of proposed Parcel I is substantial because it only meets 56% of the code requirement (22,397 sq. ft.). The variance is not substantial in relation to the lot size of proposed Parcel II because it is 36,617 sq. ft. and meets 91.5% of the code requirement. 4. No evidence has been submitted to suggest that variances requested for the lot sizes in the proposed Parcels I and II will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second building lot, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Orlando, and duly carried, to GRANT the Variance as applied for, in accordance with the map approved 10/23/01 prepared by Kenneth H. Beckman L.S.,SUBJECT TO THE FOLLOWING CONDITIONS: Page 3—July 25, 2002 • • ZBA Appl. No. 5058—Berger and others Parcel 98-1-15, 16, 17, also 98-1-112at Cutchogue I. That the ownership of proposed Parcel II and CTM 98-1-11.2 (currently owned by Martin and Christina Kosmynka as their residence, across the street, be of the same ownership; 2. That the yard and garage on proposed Parcel 11 be maintained in neat condition,with no outdoor storage—except hat one boat may be permitted. 3. That a natural evergreen screen be planted of arborvitae at a min. height of four feet and four feet apart, inside of the north property line of Parcel II during the Fall 2002, and be kept maintained. 4. That only one driveway shall be constructed for Parcel 11, and the driveway shall remain on the southerly side of the property (as currently located). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Member ringer (Chairman), Tortora, Horning, and Orlando. (Member Oliva was absent duet roily illnes ;.*ir:.a esolu r adopted (4-0). Gand P. Goehringer, August 16, 2002 JUL-25 2002 3:55P FROM: TD:7659064 P: 1'1 `�" �,. LAW OFFIC.EB WICKHAM, WICKHAM & BRILSSLER, P c. F 10313 MAIN ROAD. P O. BOX 1424 WILLIAM WICKHAM MAI TITUCK. LONG 151LANI) ERIC J. ORF SLER NEW YpRK 11SSE MELVIL.LE orFICE AQIGAILA.Wit KHAM E75 DOOAD HOLI.QW NOAH I/NNC M. Q0HUON 03021#8 8353GUITf Ili Mt LVILLL NCW YORK 11747 JANt'f GCA5A TELEFAX NO. 63I•dfl8-8365 +7' �•'I9 948C IELFFAX NO. Lill-74!1.1.4©.} July 25, 2UU2 William C'. (loggins, Esq, P.O. Box 65 Mattituck,New 'York 11952 3 ) ' Re: Burger/Leoniak Dear Bill: I have discussed with the Cottrells the question regarding your client's desire to maintain the. existing garage on the proposed Parcel 2 despite the lack of a principal building. They would not be adverse to a condition of the variance as follows: That the garage be removed,or, in the alternative, that the garage may be maintained on the condi tion that and so long as: -the ownership of Parcel 2 and of the Kosmynka residence across the street (T believe it is 1000-98-1-12)be the same. -tile yard and garage on Parcel 2 be maintained in neat condition, With no outdoor storage except one boat. -a natural evergreen screen of arborvitae be planted inside of the north property line of Parcel 2 by this tall and kept maintained, plants to be min. 4' high, 4' apart when planted. We believe these conditions, including the applicant's offer to plant the evergreen screen, will serve to alleviate the concerns of the Cuitrell's. We would ask that the Board retain jurisdiction in the event of a hreach of the conditions. We of course !cave the exact language and content of any conditions to the Board. Tn addition, we had requested that the Board condition its approval oil a fifteen foot sideyard setback along the north property line of Parcel 2,that the driveway lbr Parcel 2 he constructed on the southerly side of the property (as it is currently located),and that no further variances be granted for the. property, Since 1 understand the Hoard is meeting tonight, I am Faxing a copy of this letter directly to the Board. i did not hear back from Dr. Cottrell until just now, so was not able to respond to your inquiry of this monling any sooner. Very truly yours Abigail A. Wickham 4A6P/�lmc 30/Roggin.a JUL-25-2002 03:58P FROM: TO:7659064 P:1'1 \�"\ LAW DFFIces WICKHAM. WICKHAM a BRLSSLER, P c, 10313 MAIN ROAD. r O. BOX 1424 WILLIAM WICKHAM MAI TITUCK, LONG 19LANn ERIC J. ORFggLER NEW YORK 11952 MELVr..LE OFFICE A9I0AIL A.WI,: AM / CYO OROAD HOLLOW MOAn I YNNE M. OO U N 0131-2488353AUITf III JANLT GCA` TELEFAX NO, 631.298-B5r15 ML LVILLE. NCW YVRK 11747 Gaf-.-14 9480 July 25, 2002 IELFFAXNo William C'. Goggins, Esq. �"�'� P.O, Box 65 Mattituck., New York 11952 3 } ' Re: Burger/Leoniak Dear Bill: I have discussed with the Cuttrells thc question regarding your client's desire to maintain the existing garage on the proposed Parcel 2 despite the lack of a principal building. They would not be adverse to a conditimt of the variance as follows: That the garage be removed,or, in the alternative, that the garage may be maintained on the condition that and so long as: -tile ownership of parcel 2 mid of the Kostnynka residence acruss the street (i believe it is 1000-98-1-12)be the same. -the yard and garage on Parcel 2 be maintained in neat condition, with no outdoor storage except one boat. -a natural evergreen screen of arborvitae be planted inside of the north property line of Parcel 2 by tlus Fall and kept maintained, plants to be min. 4' high, 4' apart when Planted. We believe these conditions, including the applicant's Offer to plant the evergreen screen, will serve to alleviate the Concerns of the Cuttrell's. We would ask that the Board retain jurisdiction in the event of a breach of the conditions. We of course leave the exact language and content of any conditions to the Huard. in addition, we had requested that the Board condition its approval on a fifteen foot sideya rd setback along the north properly line of parcel 2, that the driveway R)r Parcel 2 be constructed on the southerly side of the property (as it is currently located),and that no further variances be granted for the property. Since 1 understand the Board is meeting tonight., I am faxing a copy of this letter directly to the Board. i did not hear back from Dr, Cottrell until just now, so was not able to respond to your inquiry of this monting any sooner. Very truly yos, A 4 tV/dmc Abigail A. Wickham 30/Aoggin.e WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW P.O.Box 65 13105 Main Road Manituck,New York 11952 Phone(631)298-4200 Fax(631)2984214 WILLIAM C.GOGGINS May 28, 2002 DONNA M.PALMER Zoning Board of Appeals Paralegal Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Attn: Gerard P. Goehringer Re: Application of Peter Leoniak and Valerie Leomak SCTM No. 1000-098.00-01.00-015.000 1000-098.00-01.00-016.000 1000-098.00-01.00-017.000 Dear Mr. Geohringer: In connection to the above referenced matter, please be advised that the applicants Peter Leoniak and Valerie Leoniak have transferred the above referenced property to Eugene Burger, Ann Burger, Martin Kosmynka and Christine Kosmynka. Enclosed please find the copies of the deeds evidencing the transfers We would like to assign the application from Leoniak to Burger and Kosmynka. If you have any questions, please do not hesitate to contact the undersigned. IWIllil our ,C.yo WCG/bh enclosures CONSULT YOUR LAWYER BEFORE SING THIS INSTRUMENT-THIS INSTRUMENT SIAD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 29th dayof March, 2002 BETWEEN PETER LEONIAK and VALERIE LEONIAK, residing at 295 Fanning Road, New Suffolk, New York party of the first part, and ANN BURGER, residing at2215 Pine Tree Road, Cutchogue, New York an .'CHRISTINE KOSMYNKA, residing at 1985 Pine Tree Road, Cutchogue, New York, AS TENANTS IN COMMON. party of the second part, WITNESSETH, that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being lmg mx near Nassau Point, in the Town of Southold, County of Suffol State of New York and further described at Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated January 10, 2000 , and filed in the Office of the Clerk of Suffolk County on January 10 , 2000 , under Liber 12012 at Page 632 . TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this Indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: i PETER LEONIAK LE IE L�232A�— TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Standard N.Y.B.T.U.Form 8002•Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 State of New York,County o1SUFFOLK• as: State of New York,County of as, ` Onthe29t:Wayof March in the year 2002 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared Peter Leoniak and Valerie Leon la)� personally known to me or proved to me on the osis of personally known to me or proved me on the basis of - .- satisfactory evidence to be the individual(s) whose name(s) Is satisfactory evidence to be the Individual(s) whose name(s) Is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their me that he/she/they executed the same in hislher/their capacity(ies), and that by his/her/their signature(s) on the capacity(les), and that by his/her/their signature(s) on the Instrument,the Individual(s),or the person upon behalf of which Instrument,the Individual(s),or the person upon behalf of which the ividual(s)acted, exec ed t nstrument. the Individual(s)acted,executed the instrument. /sl nature and office of individual taking ack owledgment) (signature and office of Individual taking acknowledgment) NOTARY PUBLIC CAI Ing E L.BnAMBLEY Notary PuLlx„Slate of N�ourH.. No.o1BR on' fW-SRHoa110, Corsm6',jr eaPiresAu0 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE Slate(or District of Columbia,Territory,or Foreign Country)of Ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their capacity(les),and that by his/her/their signature(s) on the Instrument, the Individual(s), or the person upon behalf of which the Individual(s) acted, executed the Instrument,and that such Individual made such appearance before the undersigned in the In (Insert the City or other political subdivision) (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of Individual taking acknowledgment) BARGAIN AND SALE DEED SECTION 098 . 00 BLOCK 011 .. 00 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 016 . 000 COUNTY OR TOWN Suffolk County Title No. STREET ADDRESS Peter Leoniak and Valerie Leoniak TO Recorded at Request of Ann Burger and Christine Kosmynka, COMMONWEALTH LAND TITLE INSURANCE COMPANY As Tenants in Common RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by GARY FLANNER OLSEN, ESQ. P.O. Bou 706 Commonwealth Cutchogue, New York 11935 ALN bAMERIG WMPA COMMONWEALTH LAND TITLa INSURANCE COMPANY RESERVE THIS SPACE FOR USE OF RECORDING OFFICE m s , � m m c • e Fidelity National Title Insurance Company of New York AMENDEDTitle No. 33094-4524-II SCHEDULE A Policy No. Parcel II: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Nassau Point, in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots Numbered thirty (30) and thirty-one (31) on a certain map entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County, New York, Otto W. Van Tuyl, Licensed Surveyor, Greenpoint, N.Y." and filed in the Suffolk County Clerk's Office under Map No. 1179, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Pine Tree Road distant 70.00 feet northerly from the intersection of the northerly line of Bittersweet Lane and the westerly line of Pine Tree Road; i RUNNING THENCE along the division line between Lot 32 and 31 South 73 degrees 49 minutes 15 seconds West 267.82 feet; RUNNING THENCE along the division line between Lots 56 and 57 and Lots 30 and 31 North 23 degrees 50 minutes 00 seconds West 120.00 feet; RUNNING THENCE along the division line between Lots 29 and 30 North 73 degrees 05 minutes 50 seconds East 215.64 feet; RUNNING THENCE along the westerly line of Pine Tree Road the following two (2) courses and distances: 1. South 34 degrees 50 minutes 10 seconds Fast 25.85 feet; 2. South 47 degrees 50 minutes 10 seconds Fast 114.15 feet to the point or place of BEGINNING. For Conveyancing Only Together With all right, title and interest of, In and to any streets and roads abutting the above described premises. Our policies of title insurance Include such buildings and improvements thereon which by law constitute real property,unless specifically excepted therein.Now is the time to determine whether we have examined all of the property and easements which you desire to be Insured:if there are appurtenant easements to be insured,please request such insurance.In some cases,our rale manual provides for an additional charge for such Insurance. FORM 2"88-74•A(4.93) NYSLTA CERTIFICATE OF TITLE-SCHEDULE A CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY .T--a "1 THIS INDENTURE, made the 29th dayof March, 2002 BETWEEN VALERIE LEONIAK, residing at 295 Fanning Road, New Suffolk, New Yor party of the first part, and EUGENE BURGER, residing at 2215 Pine Tree Road, Cutchogue, New York and MARTIN KOSMYNKA, residing at 1985 Pine Tree Road, Cutchogue,New Yor AS TENANTS IN COMMON. party of the second part, WITNESSETH, that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingblig)v near Nassau Point, in the Town of Southold, County of Suffolk State of New York and further described at Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated August 16 ,1999 and filed in the Office of the Clerk of Suffolk County of August 20 , 1999 , under Liber 11984 at Page 230 . TOGETHER with all right, title and interest, if any, of the party of the first part in and to any street's and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word °party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: VALERIE LEONIAK TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Standard N.Y.B.T.U. Form 6002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment State of New York,County of SUFFOLK • ss: State of New York,County in the year 2 0 0 2 On the day of in the year be fore mee t, the undersigned,personally appeared the 2hfay of March before me,the undersigned, personally appeared be VALERIE LEONIAK personally known to me or proved to me on the basis of personally known to me or proved to me on the basis o satisfactory evidence to be the Individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) Is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(iss), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument,the Individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which the I duals) acted,ex Uted a Instrument. the Individual(s)acted,executed the instrument. tA— ce of individual tak4anowledgment) (signature and office of individual taking acknowledgment) NOTAI �7BLfI CAtIpACE . LSlolo of NowYY ork IJoluV I'ut6c Suffolk Colin 00 -- 30August 101[0 , comij,,son Eupues TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of as: On the day of In the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by 'On the executedinstrument,s the and that such individual made such trument, the lappe(s), or the person uon behalf of arance before the undersigned In the the Individual(s) acted, (insert the City or other political subdivision) In (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of Individual taking acknowledgment) SECTION 098 • 00 BARGAIN AND SALE DEED BLOCK 01 . 00 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 015 . 000 COUNTYORTOWN Suffolk County Title No. STREET ADDRESS VALERIE LEONIAK TO Recorded at Request of EUGENE BURGER and MARTIN KOSMYNKA, COMMONWEALTH LAND TITLE INSURANCE COMPANY AS TENANTS IN COMMON RETU13NB I TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by GARY FLANNER OLSEN, ESQ. P.O. Box 706 Commonwealth Cutchogue, New York 11935 AlA nAm"jP comp Y COMMONWP.ALTII LWD 1YrLE INSURANCE COMPANY RESERVE THIS SPACE FOR USE OF RECORDING OFFICE �cQs. 0�c,�\�Qti�, bmao om3re a� •� 11 a,�' Adonai Title Insurance Company AMENDED Title No. 33094-4524-III SCHEDULE A Policy No. .all? f AL6 that certain plot, piece or parcel of land, with the buildings and im rov thereon erected, situate, lying and being near Nassau Point in the P outhol County Of Suffolk and State Of New York, known and desi ' Town of a certain map entitled, "Map of Nassau Farms, situate at Peconic,3uflksCountt#32 on a certain ` W. Van Tuyl, Licensed Surveyor, Greenpoint, N-Y." and filed in the Suffolk County Otto Clerk's Office as and by the Ma t_ as follows: P N1179, being more particularly bounded and described BEGINNING at the intersection of the northerly line of Bittersweet Lane and the westerly line of Pine Tree Road; - RUNNING THENCE along the northerly line of Bittersweet Lane South 74 degrees 07 minutes 41 seconds West 293,90 feet; RUNNING THENCE along the division line between Lots 50 minutes 00 seconds West 60.30 feet; 56 and 32 North 23 degrees RUNNING THENCE along the division line between Lots 31 and 32 North 73 degrees 49 minutes 15 seconds East 267.82 feet; RUNNING THENCE along the westerly line of Pine Tree Road the following two (2) courses and distances: I- South 47 degrees 50 minutes 10 seconds East 40.93 feet; 2. South degrees 50 minutes 00 seconds Of BEGININNING. East 29.07 feet to the point or place {ule For conveyancing Only Together with all rlghl,title and interest of, in and to any streets and roads abutting the above described premises. ` d i Our policies of title Insurance Include such buildings and improvements thereon which by law constitute real property,unless specifically excepted I�r therein.Now is the lime to determine whether we have examined all of the property and easements which you desire to be Insured:if there are appu enanl easements to be insured,please request such insurance.In some cases,our'rate manual provides for an additional charge for such Insurance. i� - r RM 28-088-74-A(4-93) rof NYSLTA CERTIFICATE OF TITLE-SCHEDULE A I-° w— CONSULT YOUR LAWYER BEFORE ANG THIS INSTRUMENT-THIS INSTRUMENT SAD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 29th dayof March, 2002 BETWEEN VALERIE LEONIAK, residing at 295 Fanning Road, New Suffolk,New Yor party of the first part, and EUGENE BURGER, residing at 2215 Pine Tree Road, Cutchogue ,New York and MARTIN KOSMYNKA, residing at 1985 Pine Tree Road, Cutchogue,New York, AS TENANTS IN COMMON. party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being lQ*1 f near Nassau Point, in the Town of Southold, County of Suffolk State of New York and further described at Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated August 16 , 1999 and filed in the Office of the Cler of Suffolk County on August 20, 1999 , under Liber 11984 at Page 231 . TOGETHER with all right, title and interest, if any, of the party of the first part In and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this Indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: VALERIE LEONIAK TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Standard N.Y.B.T.U. Form 8002•Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 $tate of New York, County of Suffolk • as: State of New York,County as: On the 2 9 day of March In the year 2002 On the day of In the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared VALERIE LEONIAK to me on the basis of personally known to me or proved to me on the basis o personally known to me or proved satisfactory evidence to be the individuals) whose name(s) Is satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(les), and that by his/I1er/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the Instrument,the Individual(s),or the person upon behalf of which that Instrument, the individual(s)acted,ex$),or the person upon the Instrument behalf of which the/iJ�Idividual(s)acted,ex uta a ins,rument• ( ) ��99 qn tura and office of individual taking cknowledgment) (signature and office of individual taking acknowledgment) NOT AIV PUBLIC CANDACEL.DFlAMHLEY IJujary Prd,11c,Slate of New York ho.01 BPI (100AB•Surfolk COT" Cun..aissbn E)pies August 10,200 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of ss: On the day of In the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity0es),and that by his/her/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the Instrument,and that such individual made such appearance before the undersigned in the in (Insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) SECTION 098 . 00 BARGAIN AND SALE DEED BLOCK 01 . 00 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 017 . 000 COUNTY OR TOWN SUFFOLK COUNTY Title No. STREET ADDRESS VALERIE LEONIAK TO Recorded at Request of EUGENE BURGER and MARTIN KOSMYNKA, COMMONWEALTH LAND TITLE INSURANCE COMPANY As Tenants in Common _ REIQBN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by GARY FLANNER OLSEN, ESQ. P.O. Box 706 Commonwealth Cutchogue, New York 11935 A I.ANDAMI!RlG COMPANY COMMONW&U.TH WD'I TIE INSURANCE COMPANY RESERVE THIS SPACE FOR USE OF RECORDING OFFICE m N a u FidelityNational Title Insurance Company of New Yrk i I, AMENDED Title No. 33094-4524 C SCHEDULE A Policy No. Parcel I: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, and shown and designated on a certain map entitled "Map of Nassau Farms" situate at Peconic, Suffolk County, New York, as and by Lot #29, which map is filed in the Office of the Suffolk County Clerk as and by Map #1179, being more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Pine Tree Road distant 210.00 feet northerly from the intersection of the northerly line of Bittersweet Lane and the westerly line of Pine Tree Road; �I I; RUNNING THENCE along the division line between Lots 29 and 30 South 73 degrees O5 I minutes 50 seconds West 215.64 feet; RUNNING THENCE along the division line between Lots 57 and 58 and Lot 29, North 23 degrees 50 minutes 00 seconds West 60.00 feet; RUNNING THENCE along the division line between Lots 29 and 28 North 71 degrees 00 minutes 20 seconds East 202.84 feet; RUNNING THENCE along the westerly line of Pine Tree Road the following two (2) courses and distances: 1. South 28 degrees 50 minutes 10 seconds East 13.56 feet; 2. South 34 degrees 50 minutes 10 seconds Fast 56.44 feet to the point or place of BEGINNING. For Conveyancing Only Together with all right, title and interest of, in and to any streets and roads abutting the above described premises. Our policies of title insurance Include such buildings and improvements thereon which by law constitute real property,unless specifically excepted therein.Now Is the time to determine whether we have examined all of the property and easements which you desire to be Insured:if there are appurtenant easements to be insured,please request such insurance.In some cases,our rate manual provides for an additional charge for such Insurance. FORM 26-088.74-A(4-93) NYSLTA CERTIFICATE OF TITLE-SCHEDULE A 05/28/2002' 13: 54 6312984214• WILLIAM C GOGGINS0 PAGE 01 1 WILLIAM C. GOGGINS, P.C. Attorney and Counselor at Law v 13105 Main Road, P.O. Box 65 Mattituck, New York 11952 TELEPHONE 631-298-4200 FAX 631-298-4214 FACSIMILE TRANSMISSION COVER SHEET DATE: FROM: William C. Goggins Y Donna M. Palmer —_ Elaine T. Villano _ Barbara Hofer FIRM: 27 4 _.^ FAX Total number of pages in this transmission Including cover sheet 0 IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL OUR OFFICE PROMPTLY AT (631) 298-4200 COMMENTS: _ --- DOCUMENTS ENCLOSED: '� �-' d`'✓ � ~3 CONFIDENTIALITY NOTE: The doCUmenta accompanying this facsimile transmission contain confidential and/or legally privileged information. The Information Is intended only for the use of the individual or entity named on this transmission sheet 1 05128/2002. 13: 54 6312984214 WILLIAM C GOGGINS PAGE 02 WILLIAM C. GOGGINS ATTORNEYANA COUNSELOR AT LAW P.O.Box 65 13.105 Main Road Mattituck,New York 11952 Phone(631)2984200 Fax(631)298-4214 WIT LUM C.GOGGINS May 28, 2002 DONNA M.PALMER Zoning Board of Appeals Paralegal Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Attn: Gerard P. Goehringer Re: Application of Peter Leoniak and Valerie Leoniak SCTM No. 1000-098.00-01.00-015.000 1000-098.00-01.00-016.000 1000-098.00-01.00-017.000 Dear Mr. Geobringer: In connection to the above referenced matter, please be advised that the applicants Peter Leoniak and Valerie Leoniak have transferred the above referenced property to Eugene Burger, Ann Burger, Martin Kosmynka and Christine Kosmynka. q Q Enclosed please fund the copies of the deeds evidencing the transfers Po"`k >l���o i We would like to assign the application from Leoniak to Burger and Kosmynka. If you have any questions, please do not hesitate to contact the undersigned. 1W11Ii:!-.y;04- WCG/bh enclosures 05/26/2002 13:54 6312984214 WILLIAM C GOGGINS PAGE 09 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-TH19 INSTRUMENT SHOUIPBE USED BY LAWYERS ONLY THIS INDENTURE,made the 29th dayof March, 2002 BETWEEN VALERIE LEONIAK, residing at 295 Fanning Road, New Suffolk,New Yor party of the first part, and EUGENE BURGER, residing at 2215 Pine Tree Road, Cutchogue ,New Yorl and MARTIN KOSMYNKA, residing at 1985 Pine Tree Road, Cutchogue,New York, AS TENANTS IN COMMON. party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, situate, lying and beingirlMg near Nassau Point, in the Town of Southold, County of Suffoli State of New York and further described at Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated August 16, 1999 and filed in the Office of the Cle of Suffolk County on August 20, 1999 , under Liber 11984 at Page 231 . TOGETHER with all right, title and Interest, 0 any, of the party of the first part In and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party' shall be construed as if it read "parties" when ever the sense of this Indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the (Jay and year first above written. • • IN PRESENCE OF: VALERIE LEONIAK TO aE USED QN_LY WHEN THE ACKNQWLEDOMENT IS MADE IN NEW Y0Bhj�7ATE Standard N.Y.B.T.0 r orm 11002•Bargain and Sale Dead,with Covenant against Grantor's Acts—Uniform Acknowledgment 05/28/2002 13: 54 6312984214 WILLIAM C GOGGINS PAGE 10 Stale of New York, County of Suffolk es: State of New York,County of as: In the year 2002 On the day of In the year before me,the undersigned,Personally app the 2 9 dayof March eared before me,the undersigned,personally appeared be VALERIE LEONIAK Pknown to me ur proved to me on the basis of personally known to me or proved to me on the basis o eatistectory evidetlee to be the Indlvidua](a) whose names) Is satisfactory evidence to be the Individual(s) whose name(s) Is (are) subscribed to the within Instrument and acknowledged to (ere) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/thNr me that hefshe/they executed the same in his/hergheir cepacity(les), and that by hi* capacity(les), and that by his/herRheir signature($) on the Aterlthelr signature(a) on the Instrument,the Individual(*),or the person upon behalf of which the Indivldua(s)anstrument,the ct d,exxecuted the instrument.n upon behalf of which the I dividual(a)acted, ex uta a Instrument. II,,'' lure ndd office of individual�eknowiedgment) (signature and oNice of individual taking acknowledgment) NOTAFR� pe BLIc CAIJDACE L.DnNd9LEY Nntvry PuidloStrw of Nae Yolk t)b1t1gR-0o01I8'9uilot,OaltnN/ Cuti.4 slkxl Expi as AuOutt 10,20br— TO BE USE N W TM CK WLE ME T I5 MADE OUTSIDENEW YORK ffATE say State(or District of Columbia,Territory,or Foreign Country)of On lite day of In the year before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capaciry(les),and executed theeInstrument,and thaton the instrument, the IndivIdual(s), of the person upon such Indivld el made such appearance before the undersigned ain heleh the Individual(s) acted, In (insert the City or other political eubdEvlslon) (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of Individual taking acknowledgment) SECTION 098. 00 BARGAIN AND SALE DEED BLOCK 01 .00 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 017 . 000 COUNTY OR TOWN SUFFOLK COUNTY Title No. STREET ADDRESS VALERIE LFONIAK TO Recorded at Request of EUGENE BURGER and MARTIN KOSMYNKA, COMMONWEALTH LAND TITLE INSURANCE COMPANY As Tenants in Common REJURN BY IL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRrrERB Distributed by GARY FLANNER OLSEN, ESQ. P.O. Box 706 Commonwealth CutChogue, New York 11935 n I.MIDAMDRIU COMI'AM' C.OMMONWaALYN LAND Unu;INUIaANCa COMPANY 95!2812002 13:54 6312984214 WILLIAM C GOGGINS PAGE 11 Fidelity National Title Insurance Company �. of New York pME,)pm Title No. 33099-4524 SCHEDULE A Policy No. Parcel I; ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, CDunty cf Suffolk and State of New York, and shown and designated on a certain map entitled "Map of Nassau Farms" situate at Peconic, Suffolk County, New York, as and by Lot #29, which map is filed in the Office of the Suffolk County Clerk as and by Map #1179, being more particularly bounded and described as follows; l BEGINNING at a point on the southerly line of Pine Tree Road distant 210.00 feet northerly from the intersection of the northerly line of Bittersweet Lane and the westerly line of Pine 'free Road; RUNNING '11MX-E along the division line between Lots 29 and 30 South 73 degrees 05 minutes 50 seconds West 215.64 feet; � RUNNING THENCE along the division line between Lots 57 and 58 and Lot 29, North ;1 23 degrees 50 minutes 00 seconds West 60.00 feet; RUNNING THENCE along the division line between Lots 29 and 28 North 71 degrees 00 minutes 20 seconds East 202.84 feet; q RUNNING THENCE along the westerly line of Pine Tree Road the following two (2) n� courses and distances: 44 1 1, South 28 degrees 50 minutes 10 seconds East 13.56 feet; 2. South 34 degrees 50 minutes 10 seconds Fast 56,44 feet to the point or place of BEGINNING. 'i i i r ( I For Conveyancing only Together with all right, title and Interest of, in and to any streets and roads abutting the above described premises. Our policies of title Insurance include such buildings and improvements thereon which by law constitute real property,unless specifically excepted (herein, Now Is the time to determine whether we have examined eli of the property and easements which you desire to be insured:If there are appurtenant easements to be insured,please request such Insurance.In some cases,our rare manual provides for an additional charge for such Insurance. 3RM 29-088-74•A(4-99) NYSLTA CERTIFICATE OF TITLE-5CHEDULE A 05/28/2002. 13: 54 6312984214 WILLIAM C GOGGINS PAGE 06 CONSULT YOUR LAWYER BEFORE SIGNING 714IS INSTRIIMENT•7HIS INSTRUMENT SHOULP9E USED BY LAWYERS ONLY THIS INDENTURE, made the 29th dayof March, 2002 BETWEEN PETER LEONIAK and VALERIE LEONIAK, residing at 295 Fanning Road, New Suffolk, New York party of the first part. and ANN BURGER, residing at2215 Pine Tree Road, Cutchogue, New York at CHRISTINE KOSMYNKA, residing at 1995 Pine Tree Road, Cutchogue , New York, AS TENANTS IN COMMON. party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, situate, lying and beinglfxkwx near Nassau Point, in the Town of Southold, County of Suffo. State of New York and further described at Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the ISI first part by deed dated January 10 , 2000 , and filed in the Office of the Clerk of Suffolk County on January 10 , 2000 , under Liber 12012 at Page 632 . TOGETHER with all right, title and interest, it any, of the party of the first part in and to any streets es and all roads abutting the above described premises to the center lines thereof; TOGETHER with the app the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, In compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as If it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. • • IN pRESENCE OF: �— r TER LEONIAK PE TO15E USED ONLY WHEN TME ACKNOWLEDGMENT 18 MADE IN M%Vj9RK-S1AU Standard NY.9.T.U.form 8002-6argain and Salo bead,with ccmanant against Grantor's ACIs-Uniform Arknowtedpmont 05/28/2002 13:54 5312984214 WILLIAM C G06GINS PAGE 07 Slate of New York,County cfSUFFULK ss: State of New York.County of as. Onthe29tKlayof March Intheyear 2002 On the day of In the year before me,the undersigned,personally appeared before me,the undersigned, personally appeared Peter Leoniak and Valerie Leonial� nally known to me or proved to me on the eels of personally known to me or proved to me on the basis of perso satisfactory evidence to be the Individual(s) whose name(s) Is satisfactory evidence to be the Individual(s) whose name(s) Is (are) subscribed to the within Instrument and acknowledged to (are) subscribed to the within Instrument and acknowledged to me that he/chalthey executed the same In his/her/their me that he/she/they executed the some in his/her/their capacity(ies), and that by histher/their signature(s) on the capacity(ies), and that by his/her/their signalure(s) on the Instrument,the Individual(s), or the person upon behalf of which the Individual(s)en I dividUex(s),or the person upon ecuted the Instrument.behalf of which the 1�iayvidua,a��l(s)acted, exec ed t nstrument. NOTARYurPUBLIC of Individual taking Eck wledgmant) (signature and office of indivldual taking acknowledgment) CA,IDAft`- .De go yolk AMBLEY No12ry uta SaCol No.oige*gNN16- d . , Corrhntwo"c"Pbes August fT?BE UUSE ONLY WHCH T!jp.A.CKNOWLEDGM&NT 13 MADE OUISIpE NEW YQRIj STATE 43: State(or District of Columbia,Territory,or Foreign Country)of On the day of In the year before me, the undersigned, personally appeared paroonaly known to me or proved to me on the basis of satisfactory evidence to be the Indlviduel(s) whose names) Is (are) subscribed to the within Instrument and acknowledged to me that he/aha/they executed the same In his/herAheir capaClly(ies),end that by his/her/thelf signature(s) on the Instrument, the Individuae(e), or the before the undersigned of which the Indlvldual(s) acted, executed the Instrument, and that such Individual made such app the In (insert the City or other polktcal eubdivfslan) (and Insen the State or Country or other place the acknowledgment was taken) (signature end offtce of individual taking acknowledgment) SECTION 098 .00 BARGAIN AND SALE DEED BLOCK 01 . 00 WITH COVENANT AGAINSTGRANTOR'S ACTS LOT 016 .000 COUNTY OR TOWN Suffolk County Title No. STREET ADDRESS Peter Leoniak and Valerie Leoniak ,to Recorded at Request of Ann Burger and Christine Kosmynka, COMMONWEALTH LAND TITLE INSURANCE COMPANY As Tenants in Common R TURNB LTO: STANDARD FORM OF NEW YORK 90ARD OFTfRE UNDERwRrrens Distrrouted by GARY FLANNER OLSEN, ESQ. P.U. Box 706 9 Commonwealth Cutchogue, New York 11935 ALwQAM RIAW, COMAIONwE%LTR tmo nnus INsmuNCa cOMPANT RESERVE THIS SPACE FOR USE OF RECORDING OFFICE .� 05/28/2002. 13:54 6312964214 WILLIAM C GOGGINS PAGE 08 =ml Fidelity National Title Insurance Company 1 of New York I AMENDED Title No, 33094-4524-II SCHEDULE A Policy No, Parcel II: ALL that certain plot, piece or parcel of lana, with the buildings and improvements thereon erected, situate, lying and being near Nassau Point, in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots Numbered thirty (30) and thirty-one (31) on a certain map entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County, New York, otto W. Van Tuyl, Licensed Surveyor, : Greenpoint, N.Y." and filed in the Suffolk County Clerk's Office under Map No. 1179, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Pine Tree Road distant 70.00 feet northerly from the intersection of the northerly line of Bittersweet Lane and the westerly line of Pine Tree Road; f RUNNING THENCE along the division line between Lot 32 and 31 South 73 degrees 49 minutes 15 seconds West 267.82 feet; RUNNING THENCE along the division line between Lots 56 and 57 and Lots 30 and 31 North 23 degrees 50 minutes 00 seconds West 120.00 feet; RUNNING THENCE along the division line between Lots 29 and 30 North 73 degrees 05 minutes 50 seoonds East 215.64 feet; RUNNING THENCE along the westerly line of Pine Tree Road the following two (2) courses and distances: 1. South 34 degrees 50 minutes 10 seconds East 25.85 feet; 2. South 47 degrees 50 minutes 10 seconds East 114.15 feet to the point or place of BEGINNING. For conveyancing Only Together with all right, title and Interest of, in and to any streets and roads abutting the above described promises. our policies of title Insurance Include such buildings and Improvements thereon which by tow constitute real propeny,unless specifically excepted tharaln.Now It the time to determine whether we have examined all of the property and easements which you desire to be Insured:If there are appurtenant easomenis to be insured,please request such insurance. In some cases,our rale manual provides for an additional charge for ouch Insurance. FORM 29.099.74•A(4-93) NY6LTA CERTIFICATE OF,TITLE-SCHEDULE A 05/28/2002 13: 54 6312984214 WILLIAM C GOGGINS PAGE 03 • • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 29th dayof March, 2002 BETWEEN VALERIE LEONIAK, residing at 295 Fanning Road , New Suffolk, New Yo party of the first part, and EUGENE BURGER, residing at 2215 Pine Tree Road, Cutchogue , New Yor and MARTIN KOSMYNKA, residing at 1985 Pine Tree Road, Cutchogue ,New Yo AS TENANTS IN COMMON. party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingbgVm near Nassau Point, in the Town of Southold, County of Suffol \) State of New York and further described at Schedule A attached hereto and \rJ made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated August 16 , 1999 and filed in the Office of the Clerk of Suffolk County of August 20 , 1999 , under Liber 11984 at Page 230 . TOGETHER with all right, title and interest, if any, of the party of the first part In and to any streets and roads abutting the above described premises to the center linea thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, In compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "partles" when ever the sense of this Indenture so requires. IN WITNESS WHEREOF, the p the first part has duly executed this deed the day and year first above written. • IN PRESENCE OF: - ��IQ.�Ltt C� . VALERIE LEONIAK TO SE USED ONLY WHEN THE ACKNOWLEDGMENT iS MADE IN NEW YORK STATE Standard N.Y.B.T.U. Form 8002•Bargain and Stile Deed,with Covenant agalnst Grantor's Acte—Uniform Acknowledgment 05/2312002. 13:51 6312984214 ` WILLIAM C GOGGINS PAGE 04 State of New York,County of SUFFOLK ss: State of New York,County of• �. in the year 2 0 0 2 On the day of In the year before moe i,the undersigned,personally appeared On the 2tchy of March before me,the undersigned, personally appeared VALERIE LEONIAK personally known to me or proved u me�ose name(s)basis Is atisfactory known evidence to be theproved Indi idual($) whose name(a) is satisfactory evidence to be the indiWdInt an me )that subscribed o the executed r the Haeme acknowledged h s/hereAdhe (are) hats h lsheAhey executedthethen sa o acknowledged his/he Nheir capecity(les), and that by his/her/their signsture(s) on the capeclly(tes), and that by his/her/their signalure(s) on the Instrument,the Individual(s),or the person upon behalf of which the linstrument,the(s)individual(*), execr the the Person upon behalf of which the i l'�Itlual(s)acted,ex uted a Instrument. NOTARX t �ll° Ice of Indviduai taking a nowiedgmenQ (signature and oHlca of individual laking acknowledgment) CAFIDACEI.OnAMBLE'y 10.Suliolk NufaV PubAc:,State of New Yon Cwc13u0Wn£+.pke1 August 10.;Ol1 T gE Mp ON WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK TAT ss' Slate(or DiEtdct of Columbia,Territory,or Foreign Country, )of In the year before me, the undersigned, personally On the day of appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) Is (are) subscribed to the within Instrument and acknowledged to me that hWaheAhey executed the same In histhedthelr capacity(les),and execuby histher/their ted ed the Instrument,and thaton the such Individual made such appearance nt, the Individual(s), befof the ore the undersignerson upon ld in thef of the tndlvldual(s) acted, In_ (Insert the CNy or other p,�local subdlvislon) (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of IndiWdual taking acknowledgment) SECTION 098 . 00 BARGAIN AND SALE GEED BLOCK 01 - 00 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 015 . 000 COUNTYORTOWN Suffolk County Title No. _._ STREET ADDRESS VALERIE LEONIAK ,to Recorded at Request of EUGENE BURGER and MARTIN KOSMYNKA, COMMONWEALTH LAND TITLE INSURANCE COMPANY AS TENANTS IN COMMON RETURNBy MAIL STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITBRS Distributed by GARY FLANNER OLSEN, ESQ. P.O. Box 706 IR CommonweaRh Cutchoque, New York 11935 AIN AWWFCAromrlw COMMONwbUTN LAND RILE INSURANCE COMPANY RESERVE TNIS SPACE FOR USE OF RECORnINO OFFICE 05,28/2002. 13:54 6312984214 WILLIAM C GOGGINS PAGE 05 �' conal Title Insurance Company i AMENDED Title No, 33094-4524--III 1 SCHEDULE A Policy No. i I. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Nassau Point, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot #32 on a certain d map entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County, New York, Otto W. Van Tuyl, Licensed Surveyor, Greenpoint, N.Y." and filed in the Suffolk County Clerk's Office as and by the Map #1179, being more particularly bounded and described I as follows: BEGINNING at the intersection of the northerly line of Bittersweet Lane and the westerly line of Pine Tree Road; RUNNING THENCE along the northerly line of Bittersweet Zane South 74 degrees 07 minutes 41 seconds West 293.90 feet; RUNNING THENCE along the division line between Lots 56 and 32 North 23 degrees 50 minutes 00 seconds West 60.30 feet; RUNNING THENCE along the division line between Trots 31 and 32 North 73 degrees 49 minutes 15 seconds Fast 267.82 feet; RUNNING THENCE along the westerly line of Pine Tree Road the following two (2) courses and distances: 1. South 47 degrees 50 minutes 10 seconds East 40.93 feet; 2. South 41 degrees 50 minutes 00 seconds East 29.07 feet to the point or place of BEGINNING. of l t i ul 6 For Conveyancing only Together with all right, title and interest of, in and to any streets and roads abuftlng the above doscribed premises, ;k Our policies of title Insurance Include such buildings and improvements Ihareon which by law constitute reel property,unless specifically excepted rhereln. Now is the time to determine whether we have examined all of the property and easements which you desire to be Insured: It there are appurtenant ossements to be insured,please request such insurance,In some cases,our rate manual provides for an additional charge for such !( Imuronrm. {I IIAA l �h !I DRM 29-089.74-A(4-ay) r� NYSLTA CERTIFICATE OF 1'IYL6-SGMEPULE A Q 'I APPEALS BOARD MEMBERS 0� QG Southold Town Hall Gerard P. Goehringer,Chairman �� 'y� 53095 Main Road Lydia A. Tortora y Z P.O. Box 1179 George Horning Southold, New York 11971-0959 Ruth D. Oliva �T' 0!� ZBA Fax(631) 765-9064 Vincent Orlando �Ql �a Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 21, 2002 William C. Goggins, Esq. Main Road P.O. Box 65 Mattituck, NY 11952 Re: Appl. No. 5058 — Peter and Valerie Leoniak, et al. Dear Mr. Goggins: This will confirm that the above application was calendared by Resolution of the Board to the June 20, 2002 Meeting for additional information (discussed at the March 28, 2002 hearing). The time is scheduled for 8:20 p.m. Please furnish an amended application (by letter or form enclosed) in behalf of the new owners, together with a copy of the recent deed conveying the property from the pp�( ✓ Leoniaks. Thank you. F � Very truly yours, 1P, )u2, Linda Kowalski Encl. cc: Abigail A. Wickham, Esq. �arS LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. `\ 10315 MAIN ROAD, P.O. BOX 1424 / MATTITUCK, LONG ISLAND WILLIAM WICKHAM MELVILLE OFFICE � ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD //J ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 May 6, 2002 TELEFAX NO. 631-249-9484 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 I Re: Leoniak (Burger), Pine Tree Road, Cutchogue,N.Y. O 7 ZOOZ SCTM#1000-98-1-15, 16, & 17 Southold Town Gentlemen: Pianning Board We represent Thomas Cottrell, who owns the property to the North of this property. We would like you to have his comments at the outset of your review of this matter, rather than waiting until the public hearing stage. Dr. Cottrell's concerns are very simple: 1. The application should be for a minor subdivision, not a lot line change. The three tax lots, 15, 16 and 17 have merged into one lot. It is clear from the language of the Code that an undersized lot merges with adjoining property owned in common until the requisite area is obtained. Therefore, all three undersized lots merge into one, because none of the tax lots is 40,000 square feet. The argument that because two of the lots together create a 40,000 square foot lot, the third undersized lot does not merge, does not appear to be consistent with the language of the Code. 2. If the plan presented is approved,the northern lot will contain an accessory garage with no principal use. The upkeep, use and maintenance of this building is of concern, as the prohibition on this type of usage was to avoid the risk of derelict accessory buildings. 3. The residence on the property is small and of some age. The likelihood is that it will, in the foreseeable future, be removed and replaced with a much larger new home of the type Mr. Burger typically builds. This is also true of the garage, which is located in the central portion of the building envelope on the northern lot. It would, therefore, appear that the boundary line between the two properties should be more regular and be designed to more evenly divide the property in half. The proposed boundary line was apparently drawn to accommodate the side yard setbacks from buildings which in all likelihood will be less permanent than the boundary line. Thank you for your consideration. Ver,y u z�� Cc: Bill Goggins, Esq. Page 13,March 28,2002 ZBA Public Hearing Transcript Town of Southold effects there may be. What we propose, we think is a reasonable plan given the nature of the opposition and given the nature of the agreement and we would urge you to afford us that relief measured against the standards that this Board has announced, the program that we have designed for this building meets the spirit of that particular ruling in beauty and the light of the neighbors concerns and I think that's what we're looking at here and that we would urge you to grant relief and we urge you to do it in an expeditious manner so that the Walzs now know what they're going to do since Spring is upon us. They would like to retire here and we would like to know what we're going to do if anything. Thank you. CHAIRMAN: Seeing no hands and hearing no further comment, I'll make a motion closing the hearing reserving decision until later. SEE MINUTES FOR RESOLUTION 7:51 p.m. Appl. No. 5058 — PETER AND VAL LEONIAK. — (Continuation from February 28, 2002). This is a request for Variances under Zoning Code Sections 100- 30A.3 and 100-31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels I and 2, each with less than 40,000 square feet in size. Parcel #1 will also contain less than 125 ft of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location: 2040 Pine Tree Road, Cutchogue; 100-98-1-15, 16 and 17 (approx. 1.5 acres as exists). WILLIAM C. GOGGINS, ESQ.: Good evening, William C. Goggins for the applicant Leoniak. I think I've said all I could say. The drawings speak for themselves. We initially came here to unmerge three lots. We amended our application, as you know. The way its set up, since the lots merged to the point where they need to be bulk schedule and here is 40,000 square feet, so two lots are a result of that. I guess the question is which ones merge and which ones didn't. In the end, we decided to amend our application so it would have two larger lots that conform to the neighborhood, as opposed to one that conforms and two if they're not. So we made our amendment. I don't think I need to reiterate what I brought up at the last meeting. I'll stay here if you have any questions for me or if you want to make any rebuttals to any opposition that's here tonight. Thank you. CHAIRMAN: Thank you. Is there anybody else that would like to speak in favor? Anybody like to speak against? Miss Wickham, how are you tonight? ABIGAIL WICKHAM, ESQ.: Good evening, Abigail Wickham, representing Thomas and Jane Catrell who owns the property to the north of this. I would like to thank the Board for recessing this hearing since I couldn't be here last time and ask that any items in the previous record that might be applicable to the previous proceeding be included in this matter since there was quite a bit of material covered. First of all I'd like to take issue or make sure I understand the issue with respect to whether there are currently two or three, I'm sorry, one or two Tots existing. As I read the merger section of the code, all Page 14,March 28,2002 ZBA Public Hearing Transcript Town of Southold lots merge until they become . And I don't see how, if you can have two lots that are nonconforming merge, which I believe is what Mr. Goggins is saying, you still have a nonconforming third lot out there and I believe merges in as well. So I just, from reading the transcript of the last hearing, it appeared that we were considering that there are actually two lots there now and not one. Is that something the Board has accepted or is that just an argument? CHAIRMAN: Are you referring to the two lots that are before us right now? ABIGAIL WICKHAM, ESQ.: No, I'm referring to how many lots currently exist? Maybe I just misread the transcript. CHAIRMAN: To my knowledge there were three. ABIGAIL WICKHAM, ESQ.: There were three lots, but they have all merged into one lot, as I understand it. CHAIRMAN: That's correct. ABIGAIL WICKHAM, ESQ.: But not two lots, as I thought Mr. Goggins was saying. CHAIRMAN: That was our understanding. ABIGAIL WICKHAM, ESQ.: Okay, I just want to clarify that. Thank you. I also, secondly, just like to address the procedure because at this point, this is clearly a sub- division application and yet I do not believe any application has been made to the Planning Board. So I think the application to your Board is really premature. Generally, it is the Zoning Board's position I believe that when this type of sub-division is presented to the town and a variance is necessary that you seek input from the Planning Board and they haven't had an opportunity to do this because I don't believe they have an application. CHAIRMAN: We have here Miss Wickham, a very unique situation. Possibly, through the mitigation process, and I'll use that phrase, that possibly we had a minor little discrepancy when we discussed this with counsel. MEMBER TORTORA: In the procedures. CHAIRMAN: In the procedures. We freely admit it that this really has gone from a merger to an area variance application. ABIGAIL WICKHAM, ESQ.: I understand that, but CHAIRMAN: But we understand what you're saying also. Page 15,March 28,2002 ZBA Public Hearing Transcript Town of Southold MEMBER TORTORA: See what happened, just with the transcripts, we hear, we saw these three lots. And you were weighing them under the merger law and saying well you're going to be creating one big lot and these two teeny little lots on the end. So, actually at the suggestion of the fellow on Fishers Island who made perfect sense, said, well wouldn't it be better to create two lots that were consistent with the other size of the lots in the neighborhood and we all thought very logically, yes, it would be and we said well how should we do that. So then we thought, well really weren't sure whether we could do it through the merger law because the merger law discusses original lot lines. So we said, no better not do that. So that's when we suggested to Mr. Goggins to apply to the Planning Board and us at the same time. Us for an area variance; and yes we have a couple of variances before us that the Planning Board has no thoroughly reviewed. Should they, at some point, or will they? Of course, yes sure. So to answer your question, yes I think featureless, the only other suggestion would be to, his application before us is proper and to proper apply for a sub-division because I'm not sure you can do a lot line change through a merger or a lot that's merged. ABIGAIL WICKHAM, ESQ.: I don't believe you can and I understand how we got it here, but I'm not sure you should be making the decision until there's at least been an application. CHAIRMAN: There is a great possibility we will not be making one until such time as an application is made. ABIGAIL WICKHAM, ESQ.: My reason for that will come up in a minute. So those are the two points that I want to clarify that we are dealing with. MEMBER TORTORA: The only other thing I would say is we did not deny this application for a waiver of merger. CHAIRMAN: It is still pending actually. MEMBER TORTORA: It was not denied. ABIGAIL WICKHAM, ESQ.: I understand that. MEMBER TORTORA: I think we have everything straightened out now. Is that right? WILLIAM C. GOGGINS, ESQ.: Well, yes. If I wanted to amend the application my first concern was shouldn't I going to the Planning Board because this is like a subdivision and I've never had to deal with this type, I'm not sure if you have either. CHAIRMAN: We really never had Mr. Goggins. WILLIAM C. GOGGINS, ESQ.: When I first was speaking to the Board about this I was a little bit concerned, I said well gee don't I have to do a subdivision first, or a lot line change or something. At the time, it was the Board's position I believe that I didn't have Page 16,March 28,2002 ZBA Public Hearing Transcript Town of Southold to, but then I think after you reviewed it further, you realized that I did. So, it I was kind of mixed up myself as to what procedure to go through. I hope that you are going to grant the other application that you have is that the amended application hopefully will make a decision subject to Planning Board approval of a lot line change. But as far as what Gail was saying before, whether this is three lots or two lots, I may be wrong with this too, but when I read the Code it said that the lots merged to the point where they're informing. That's what the law says. And what we have here is we have Lot 15 at 16,900 square feet and we have Lot 16, at 28,803 square feet. So if those two lots are to merge, you 45,771 square feet. Therefore, that lot becomes conforming. And then the third lot stands by itself. So, when I said before, my interpretation what I read in the Code indicates to me that right now we have two lots. MEMBER TORTORA: See, we don't have the old file in front of us, so we're going back to what we've reviewed before. WILLIAM C. GOGGINS, ESQ.: When I originally made this application, we wanted to get three lots. But then when we went to amend it, I further read it more deeply and I realized that, and I'm not sure that the Board was aware of it, but I remember the Member from Fishers Island asked me, would you be happy with two lots instead of three. At the time, I said, no, we wouldn't be. But after reading the Code, I said wait a second, you already have two lots because according how I read the Code they merged to the extent of which they are conforming. So that's where Gail's question, I'm sure she'll oppose it. Thank you. CHAIRMAN: In reality, being honest with you MEMBER TORTORA: We would have to go back and review the whole file, but I think what he said is true. CHAIRMAN: I really don't know at this juncture, if it really makes any difference at this point. We are here to address this issue, if you think that the issue is premature, then we'll close the file, recess the file, and then ask counsel to make his application to the Planning Board and then come back with it once the Planning Board has made their recommendations. However, in your absence, the good doctor in back of you, we had some discussion with him, and if you want to get to that issue tonight, if you don't want to get to that issue that's all right also. ABIGAIL WICKHAM, ESQ.: I think it makes sense, we're here, I'd like to tell you what the other things that we have a concern about, so at least it can all be discussed now and maybe resolved as we go down the road. But I do think it makes a difference whether we're talking about one existing lots or two lots and I do disagree with that reading of the Code. If you merge 15 and 16 to get over 40,000 square feet, you have a conforming lot, but you've still got that other undersized lot on the other side that's going to merge in too, because that is nonconforming and it will merge to the extent it becomes nonconforming. So maybe that's a technicality that we may or may not need to look to eventually. But I do think it's pretty clear there's one lot their now and not two. But 1 don't think that's the Page 17,March 28,2002 ZBA Public Healing Traosciipt Town of Southold main issue that we need to address. Just so we can get going, I would like to address what are the main concerns. The first is that by creating this division in this manner, you are showing an accessory garage on one lot with no principal use. My understanding is that is not permitted under 100-31C.1. Unfortunately, I don't have the Notice of Disapproval from the Building Inspector in front of me, but I don't recall him raising that issue and I think that is an additional variance that this Board would have to consider because the Code does not allow you to have an accessory structure on a lot where there is no principle building. One of the reasons that Code was probably put into effect was because you would then have no ownership or not principle activity on the property and the neighbors might, are concerned, that that garage could be deteriorating. You don't have anybody there taking care of it or living there. Particularly if they sell the other lot with the house on it and that goes on independently. So that is a real concern that there would be a building there that's an accessory in violation of CHAIRMAN: Could I just stop you? My discussion with the doctor at the last meeting when you were not available was that we would put a restriction on that. Just how the restriction would be worded, but I did tell him that, and of course he's here to voice his own opinion, but that we now have the power to do that because we're now back to this area variance aspect and so that was the discussion. BOARD SECRETARY KOWALSKI: And it was also on the Disapproval. It was advertised based on that Disapproval written that way. ABIGAIL WICKHAM, ESQ.: I'm sorry; I didn't have it in front of me. I do think that's a second type of variance that you're being asked to grant here. And the other related issue is that when, if this application is granted, how that garage would fit into the eventual development of the property because it is pretty much in the middle of the property. Are you going to need another variance to put the house behind it and have a front yard accessory building or some other side yard issues. I think it really would need to be explored just how that would be dealt with on this particular configuration. CHAIRMAN: Let me just stop you again. We could ask for it to be torn down. MEMBER TORTORA: Or moved. CHAIRMAN: Or moved. ABIGAIL WICKHAM, ESQ.: Is it brick? CHAIRMAN: It's wood. ABIGAIL WICKHAM, ESQ.: Oh it is wood. My second point that I would like to make, and this is really a major concern, is that there are alternatives that could be effectuated on this property that would result in a lesser variance. I think that's a consideration that you have to make when you're granting an area variance. Are there alternatives with more impact. For instance if you divided the property north, south Page 18,March 28,2002 ZBA Public Hearing Transc ipl Town of Southold and you don't have the accessory garages, you don't have possibly some eventual sideline issues. And that's something again, and 1 think the Planning Board maybe would need to look at and give you input on before this variance was granted. CHAIRMAN: We will get that. MEMBER TORTORA: If we did that, because I actually saw what you're saying. If we did that, then you still would have one parcel that is considerably larger than the other parcel. Because you have that little wood deck on the end of the house, so if you did slice it the other way, it is possible. If you sliced it the other way, you would still have. MEMBER ORLANDO: They'd need a variance for a side yard setback. CHAIRMAN: Or a rear yard. ABIGAIL WICKHAM, ESQ.: Well a rear yard could be, because it'd be a corner lot. MEMBER TORTORA: It would be awfully; unfortunately the structures are almost dead center in the property. So in order to slice it up and down you're almost slicing the structures up and down. ABIGAIL WICKHAM, ESQ,: Its something that I think should be looked at by the Planning Board if it would help. And I also have to say that this is probably, in light of the general trend in the real estate market, and I hope you can take notice of that on the record, that this is probably a tear down. So we're not talking about where that little wood deck is right now. Because that would be totally be done I would expect. So if it's a better configuration or not, I think is something the Planning Board maybe ought to look at. It may or may not be, but there is an alternative that would involve a lesser variance. MEMBER TORTORA: Does your client object to creating these two lots? Is there an objection to this? ABIGAIL WICKHAM, ESQ.: Yes. My third point is that there really is no practical difficulty here to the applicant. The lot is not out of keeping as an entire lot with many in the neighborhood. I will grant you, there are many various size lots in this neighborhood, but again, given the trend in the real estate market, the lot can accommodate a very nice, large house and accessory structures which are certainly what seems to be in demand these days. MEMBER TORTORA: Pardon me, but in this block, I'd be hard pressed to find any conforming lots period. ABIGAIL WICKHAM, ESQ.: The ones that are on the other side of the street are—there are a few. Page 19,March 28,2002 ZBA Public Heating Tianscnpt Town of Southold MEMBER TORTORA: They're actually, the lots that he would be creating as far as just a quick look at the map, are actually going to be larger than the adjoining of the lots that already exist in the district. CHAIRMAN: In the old part of that sub-division. ABIGAIL WICKHAM, ESQ.: That still doesn't mean that he has a practical difficulty. MEMBER TORTORA: What do you mean by a practical difficulty? ABIGAIL WICKHAM, ESQ.: The standard for granting an area variance. I don't know, that's his job to say. I don't think he said it. In answer to your specific question, certainly this is better than a three-lot plan. I just think there are a lot of considerations that have to be looked at, but by your Board and the Planning Board, before a final decision is made. MEMBER TORTORA: I just want to clarify something for the record. That a practical difficulty is not part of the standard. It was de-codified in January 1992, as a part of New York State Town Law. The word practical difficulty doesn't even appear. ABIGAIL WICKHAM, ESQ.: There was a hardship. MEMBER TORTORA: It's not there anymore, in fact, the relevance of hardship is now clearly that the difficulty was not self-created, which shall be a consideration but not a determining factor. And that's verbatim from the law. We all like the old standard, but it doesn't exist anymore. It was a much tougher standard because there was. ABIGAIL WICKHAM, ESQ.: What I mean then is, I don't know that he's shown a basis as to why he needs the variance. I think he's method criteria. Nonetheless, I do think there are, if you feel inclined to grant one, I do think there are a lot of steps that have to be taken and a lot of other considerations looked at before you do that. CHAIRMAN: We concur with you. MEMBER TORTORA: We agree with that. CHAIRMAN: There's no question about it. MEMBER TORTORA: And we welcome the Planning Board's input and this Board does not, as a matter, re-arrange lot lines and totally defers to the Planning Board for their expertise in that manner. CHAIRMAN: This is one of the first Miss Wickham. ABIGAIL WICKHAM, ESQ.: I have one other question. I would like to know and perhaps the applicant could be addressed on this, as to whether the property is on the market or in contract:' Page 20,March 28,2002 ZBA Public Heating Transcript Town of Southold CHAIRMAN: I forgot what was said, Mr. Goggins, in the beginning. WILLIAM C. GOGGINS, ESQ.: At the first hearing, that was brought up and the Board determined that it was not relevant. That was brought up at the first hearing. ABIGAIL WICKHAM, ESQ.: So does that mean that we're being told we're not going to get an answer to that question? WILLIAM C. GOGGINS, ESQ.: The Board had already decided that question. MEMBER TORTORA: is it on the market Mr. Goggins? WILLIAM C. GOGGINS, ESQ.: It was on the market, yes. MEMBER TORTORA: Is it still on the market? WILLIAM C. GOGGINS, ESQ.: Yes. MEMBER TORTORA: Thank you. ABIGAIL WICKHAM, ESQ.: May I just read one section then, A106.20, before making any offer to sell, a sub-division application should be made. So I do think it's relevant. MEMBER TORTORA: We agree. ABIGAIL WICKHAM, ESQ.: I have nothing further, but I believe Dr. CatTrell would like to say something, thank you. CHAIRMAN: Doctor how are you`? Just state your name for the record please. TOM CATTRELL: My name is Tom Cattrell. CHAIRMAN: How do you do? TOM CATTRELL: I find myself puzzled by some of the things that I've heard tonight. I raised the issue of an accessory building on an otherwise undeveloped piece of property. I don't recall Mr. Goehringer, your response to that. I heard something tonight that I don't understand. CHAIRMAN: Well, doctor, I will say it again to you. You sat back in the same area when I discussed that with you, this is not a sarcastic statement to you, okay in any way, manner or form. My sarcasm will be left from the first hearing of this evening, public hearing that is. You said to me, I have a concern regarding the accessory building. I said to you, doctor we now are within the scope of what we could do because we are now back to the arca variance standards. Which gives us the ability to put restrictions on the Page 21,Match 28,2002 ZBA Public Hearing TiunsmiPl Town of Southold existing improvements on these properties. I still hold to that, and again, maybe you didn't understand what I was saying. TOM CATTRELL: I guess I didn't. CHAIRMAN: And this is completely, this is the feeling that of what we had. What we are doing, not to confuse you tonight, but we're transferring something that was a merger application and it was done by our Member of Fishers Island, and I'm not blaming him, because it was a very good idea in putting this into an area variance situation. Which Mr. Goggins has this map re-drawn and we still have the accessory building, which is of your concern. We understand that. TOM CATTRELL: It's my concern on the new project. CHAIRMAN: On the new application, that's correct. MEMBER TORTORA: Is your property TOM CATTRELL: To the north. MEMBER TORTORA: It's the adjacent lot to the north? TOM CATTRELL: Yes. MEMBER TORTORA: So you're 18? ABIGAIL WICKHAM, ESQ.: Yes. CHAIRMAN: The contiguous lot to the north. MEMBER TORTORA: It's not somewhere up out there in the neighborhood? Thank you. That's all. CHAIRMAN: So we're going to continue with this and were not going to make a decision, we're going to ask the. TOM CATTRELL: If I may, at the last meeting I heard you tell Mr. Goggins to go to the Planning Board. MEMBER TORTORA: Yes, we did. TOM CATTRELL: Thank you. CHAIRMAN: Mr. Goggins, have you gone to the Planning Board? Page 22,March 28,2002 ZBA Public Hearing Transcript Town of Southold WILLIAM C. GOGGINS, ESQ.: One Board Member said I should go to the Planning Board, one Board Member said I should wait. I chose to do nothing until this hearing tonight. CHAIRMAN: What happened we had two discussions with counsel and the second discussion basically outlined exactly what we discussed tonight and so, therefore, we are requesting that you go to the Planning Board. And we sincerely apologize for the length of time that it has taken us to understand this entire process. MEMBER TORTORA: It's the first time we've ever had to just oppose the merger law with a sub-division. It's a little confusing. CHAIRMAN: Excuse me Lydia, I apologize. We would not have you draw this map, if we didn't have an interest in dealing with this application as it stands. Okay. Whatever the Planning Board says regarding this, then we'll deal with it okay at this point. We hope that it doesn't require another re-draw, but we can't say what the situation is. I think what we'll do is we'll recess until you get back to us from the Planning Board. MEMBER TORTORA: And they may come up with an idea that will be far better than you've had or we've had that may address all of your concerns. WILLIAM C. GOGGINS, ESQ.: I think its important because Gail and I disagree on a very important point, and that is whether two of the lots merge or not. That's important when I make my sub-division application to the Planning Board because it determines whether its going to be moving a lot line or whether I'm sub-dividing one larger piece of property. That's why it is important for this Board to interpret the Code to determine whether the lots merged, as I say, to the extent where they are conforming with any other adjacent lot unmerged. Or whether, just because they're all next to each other they become one giant lot. MEMBER TORTORA: Mr. Goggins, don't you dare say the word interpret to the Zoning Board of Appeals (laughter). CHAIRMAN: Not without an Interpretation application. WILLIAM C. GOGGINS, ESQ.: Oh. A decision does have to be made. MEMBER TORTORA: But we can't, frankly the easiest thing for you to do, go right down to the Building Department and present your scenario to them and see what they say. WILLIAM C. GOGGINS, ESQ.: So if the Building Department says that there are two lots instead of one MEMBER TORTORA: Then it's a lot line change. Page 23,March 28,2002 ZBA Public Hearing Tiansciipt Town or Southold ABIGAIL WICKHAM, ESQ.: No its not. MEMBER TORTORA: Wait a minute guys, come on. CHAIRMAN: We're doing this at a Special Hearing because I really couldn't take this during the normal agenda, I apologize. MEMBER TORTORA: If the Building Department says that you have two lots, then you can change a lot in two lots. Correct? Correct. ABIGAIL WICKHAM, ESQ.: If the Building Department correctly determines that, that's absolutely right. MEMBER TORTORA: Exactly. Okay. So we've got that far. So couldn't the Building Department say do I have two lots or one lot, I've got my 40,000 square feet, but does that mean if they say no, you still have three lots, then go to the Planning Board. And you will know what you're asking the Planning Board. WILLIAM C. GOGGINS, ESQ.: Okay. MEMBER TORTORA: And don't ask us why this is all so confusing because we really don't know. CHAIRMAN: Do you want to give us some time on this, on what you think this will take, or do you want us to just recess it? WILLIAM C. GOGGINS, ESQ.: Why don't we just recess it. CHAIRMAN: Okay. WILLIAM C. GOGGINS, ESQ.: We'll notify you if we decide to, when we decide to go forward. BOARD SECRETARY KOWALSKI: You'd have to recess it with a date, not to re- notice. WILLIAM C. GOGGINS, ESQ.: Why don't we pick a date in June? CHAIRMAN: June 201', same night as the heron application. WILLIAM C. GOGGINS, ESQ.: Oh great! BOARD SECRETARY KOWALSKI: But if you need more time, you could ask for a further recess. WILLIAM C. GOGGINS, ESQ.: l understand. Okay, thank you. Page 24,March 28,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: We're sorry about this Mr. Goggins, but at least at this juncture, we know where we're going from on these things again. We'll remind each other. WILLIAM C. GOGGINS, ESQ.: Thank you. CHAIRMAN: I'll make a motion recessing to June 20th. SEE MINUTES FOR RESOLUTION END OF PUBLIC HEARINGS. Transcribed by Paula Quintieri Page 62,February 21,2002 ZBA Public Hem'ing Transcript 'town of Southold CHAIRMAN: Anybody else like to speak in favor? Anybody else like to speak against. Seeing no hands I'll make a motion closing the hearing reserving decision until later. SEE MINUTES FOR RESOLUTION 9:43 p.m. Appl. No. 5058 — PETER & VAL LEONIAK. Area variances 1) lot sizes, 2) garage location. This is a request for Variances under Zoning Code Sections 100-31A.3 and 100-31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq. ft. in size. Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location of Property: 2040 Pine Tree Road, Cutchogue; 98-1-15, 16 and 17 (approx. 1.5 acres as exists). William Goggins, Esq. CHAIRMAN: Mr. Goggins thank you for your patience, how are you tonight? WILLIAM GOGGINS, ESQ.: Good how are you? Good evening, William C. Goggins office is located 13125 Main Road, Mattituck, New York. Good evening to Members of the Board and new members. CHAIRMAN: We've asked you to go back and re-draft this and come back with parcels 1 at 22,397 and parcel 2 at 36,000, one of which contains the garage, the existing garage and the other of which consists of the . In my particular opinion we were in great hopes to put this to bed tonight until we, of course, received a letter from Ms. Wickham. WILLIAM GOGGINS, ESQ.: Yes. CHAIRMAN: So I assume that, I don't want to take anything away from the presentation, but if there's anything that you would like to add to this, I would be very happy to listen to it. WILLIAM GOGGINS, ESQ.: Just briefly, from the other application with an adjournment for our response. So I'll keep my comments brief. Based on when we made the application the unmerger of the rear lot that according to the law these lots merged to the point where which would have meant that lot 15 and 16 have merged and they by virtue of the law making one lot 45,000 square feet and the other lot 13,000 square feet which would not really be conforming with the other lots in the neighborhood. And I think that's why the Board asked me to re-apply and to amend my application, which we did and we submitted, as you said before, two lots which are definitely conforming with the neighborhood and probably larger than a lot of the lots that are there, one being 23, 397 square feet and one being 32, 617 square feet. I think its also effectual with the intent of the merger law so that the neighborhood conform and for the zoning to have more of a consistent pattern. We did what you asked for, and I think it shouldn't delay the fears of the people that are opposed but maybe not. But I will answer any questions that you see tit at this time. Page 63,Fehrua y 21,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: Mrs. Oliva? MEMBER OLIVA: No I think it's very clear the way it's explained. CHAIRMAN: Mrs. Tortora? MEMBER TORTORA: 1 just, just to get it in the record that you had come before us before for a Waiver of Merger and at that time, (inaudible — tape beeping). It involved four lots, three of the lots were merged and the teeny little piece was unmerged. So it made them, and when we looked at this thing, we said it doesn't add up how can we make sense out of this. So it was the Board's recommendation to Mr. Goggins that rather than trying to jimmy rig these lines here, that instead of just to put that aside and to apply for a straight area variance by way of a sub-division, and this is where we are. WILLIAM GOGGINS, ESQ.: Yes ma'am. MEMBER TORTORA: So you're before for an Area Variance for the two parcels and I presume you filed something with the Planning Board at the same time. WILLIAM GOGGINS, ESQ.: No I did not. CHAIRMAN: Not as of yet, probably. WILLIAM GOGGINS, ESQ.: Whatever the Board directs us to do, we will do. MEMBER TORTORA: We cannot, I know of no way that it could not go through Planning. WILLIAM GOGGINS, ESQ.: Well it was suggested that there were two ways to do it, one was the way it was suggested to do it before the Board, another way was we just move the lot line change. MEMBER TORTORA: You can't do that. CHAIRMAN: We'd have to make an application. Let's wait until after opposition is heard. MEMBER TORTORA: In other words, I simply know of no way that you could not do a lot line change with an approval of the Area Variance for a subdivision or approval or review or whatever they want to do with that. They can do a lot line change, because right now remember it is one lot. WILLIAM GOGGINS, ESQ.: No I understand. Actually its two lots, because it would be 15 and 16, but basically however you want to do it, but lots 15 and 16 were merged 0 Page 64,Febmary 21,2002 ZBA Public Hearing Transcript 'town of Southold given the excess of 40,000 square feet according to the bulk schedule leaving one lot 13,000 square feet and the other lot 45,000 square feet. MEMBER TORTORA: That's why they can do this, in other words you have two lots right now and you would be taking from the parcel that has more and giving it to, making much more even parcels. So they can do a lot line change. WILLIAM GOGGINS, ESQ.: That may make more sense, as far as the neighbors and whatever. MEMBER TORTORA: And I probably think that's probably the quickest way to go and. WILLIAM GOGGINS, ESQ.: So you want me to apply for on the Board's decision or a Planning Board application simultaneously. CHAIRMAN: No the Planning Board is not going to act until the Zoning Board makes a decision anyway. So it makes sense just to wait. I mean we're only talking about a couple of weeks. Assuming that what opposition has to say doesn't dissuade us from. Let's ask the further members here? Vince? MEMBER ORLANDO: No questions. CHAIRMAN: Alright we'll see what develops with opposition tonight and then we'll see are we going to anticipate putting this back on the 21" or the 28'h. MEMBER TORTORA: For what purpose? CHAIRMAN: Abigail Wickham is requesting it. WILLIAM GOGGINS, ESQ.: It's kind of disappointing that we have to do this because Wickham's firm has several attorneys, any one of which could appear tonight and it has delayed us, and I understand that the Board is returning it anyway. MEMBER TORTORA: Mr. Goggins, in the meantime, maybe it would be good just to touch base with the Planning Board on a preliminary basis so at least you can get that started. CHAIRMAN: Thank you. WILLIAM GOGGINS, ESQ.: Thank you. CHAIRMAN: Is there anybody else that would like to be heard for or against this application? Yes sir. Kindly state your name for the record when you come up here. How are you? Page 65,Febmary 21,2002 Z.BA Public Hewing Ttauscnpt Town of Southold TOM CATTRELL: Fine thank you. My name is Tom Cattrell. My wife and I live on the adjacent property across the street. First of all I would like to state an objection based on the creation of the lot that has an accessory building. I'm sure that there are landscape architects and engineers who could redraw the lines would near to be necessarily split (tape at end — inaudible) an accessory building on an undeveloped lot with actually two owners is even worse to me and I think this Board should consider that. CHAIRMAN: We will, and now doctor from the Waiver Merger aspect of it, or the Waiver of Merger aspect which we have no involvement of making those individual restrictions to now the Area Variance aspect of it, which we now can place reasonable restrictions on. TOM CATTRELL: Well I want to make it clear that what my objections are based on. CHAIRMAN: Of course. TOM CATTRELL: This hearing was scheduled for much earlier in the month of February, originally, and my attorneys are not here because before that time they had made reservations for this period of time, but they more than prepared to speak on my behalf earlier this month. And I'm not too sure what Mrs. Moore's relatives but I tell you that my wife's grandfather, Father John Teri was the director of the Holy Trinity Church in Greenport for a number of years, and I thought that might have some historical relevance just the way her grandfather does. CHAIRMAN: Thank you. Is there anything else? Seeing no hands I'll make a motion closing the hearing, reserving decision, I'm sorry recessing the hearing until the 28th. BOARD SECRETARY KOWALSKI: -March 28t1i right Jerry, March? CHAIRMAN: Right BOARD SECRETARY KOWALSKL March 28`h Mr. Cattrell. SEE MINUTES FOR RESOLUTION 9:57 p.m. Appl. No. 5064 — MARY LEONARDI. This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's December 5, 2001 Notice of Disapproval. The applicant proposes a new dwelling a with a rear yard setback at less than fifty (50) feet. Location of Property: 1285 Reydon Dr., Southold; 80-2-15.1. Proper-T-Services, Inc., agent. JAMES FITZGERALD: Let me, if I may, give you the background. The problem we have here is the fact that this lot is triangular, essentially triangular in shape. Then it's a comer lot, so that makes it as two front yards and the Building Department felt that it would be appropriate for that other yard to be a rear yard requirement 50 foot setback. OFFICE OF OWNING BOARD OF APPEAL 53095 Main Road Southold, NY 11971 Email: Linda.Kowalski(a,TownofSouthold.nyus or Paula.Quintieri(7TownofSouthold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 FAX TRANSMISSION FAX# .2Z 5`v,� ATTN: O f!/A qza a� DATE: 'Z / 7 /2002 REF: MESSAGE: Pease feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. ` Pages to follow: LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O.BOX 1424 WILLLIAM WICKHAM MA-ITITUCK,LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A. WICKHAM SUITE 111 ---- MELVILLE, N.Y. 11747 LYNNE M.GORDON 631-298-8353 ---- JANET GEASA TELEFAX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 February 7, 2002 Town of Southold Zoning Board of Appeals 53095 Main Road Post Office Box 1179FM 7 )2 Southold,New York 11971 Re: Application of Leoniak, Cutchogue, NY Ladies and Gentlemen: I will be out of town on the date of this hearing, February 21, as my children will be on vacation from school and we planned a trip some time ago. I would like to request that this matter be adjourned or that the hearing be recessed so that we may appear on behalf of the Cottrells. I question whether the requested relief is appropriate at this time for the Zoning Board of Appeals, as it appears to be a minor subdivision request. Has an application been submitted to the Planning Board. If not, I do not believe a variance application is ripe for adjudication. Very truly yo rs, Abigail A. Wickham AAWldmc 30/shdzba cc: William Goggins, Esq. Thomas Cottrell ANSMISSION VERIFICATION REPORT TIME 02/07/2002 15: 37 DATE DIME 02/07 15: 37 FAX NO. /NAME 2984214 i DURATION 00: 00:46 PAGE(S) 02 RESULT OK MODE STANDARD ECM o��gpfFO(,�cQ ELIZABETH A.NEVILLE = Gy� Town Hall, 53095 Main Road TOWN CLERKH P.O. Box 1179 REGISTRAR OF VITAL STATISTICS T Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Fax y_ �a�� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER +� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 6, 2001 RE: Zoning Appeal No. 5058 , Transmitted herewith is Zoning Appeal No. 5058 of Peter and Valerie Leoniak by William C. Goggins for a variance. Also included is: letter of transmittal dated December 1, 2001 referencing Appeal No. 4995; letter to applicant from ZBA dated December 4, 2001; Short Environmental Assessment Form; and survey. APPEALS BOARD MEMBERS* ppFO( • OROS ��+� Southold Town Hall Gerard P. Goehringer, Chairman hQ Gy 53095 Main Road James Dinizio,Jr. o= P.O. Box 1179 Lydia A. Tortora W ,? Southold,New York 11971-0959 Lora S. Collins � • �� ZBA Fax(631)765-9064 George Horning 'l1Ql �a0 Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 4, 2001 Fax 298-4214 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11971 Re: Appeal Application— Peter and Valerie Leoniak Dear Mr. Goggins: Our Department received your submission of a variance application, which we understand is a multiple request for area variances: (1) lot area of less than 40,000 sq. ft. and less than 150 feet of lot width for each parcel of less than 40,000 sq. ft.; (2) setback- yard variance for an existing garage location. This appeal is based on the Building Inspector's November 8, 2001 Notice of Disapproval, amended November 29, 2001, pursuant to your letter-application to the Building Department. A credit of the $300 paid under Application No. 4995 (for different relief) was authorized, and applied toward the $600 filing fee of this new application for area variances. For clarity and convenience purposes, we have added a notation in paragraph 2 of the Appeal Form, that the Provisions of the Zoning Ordinance under which this appeal is requested are "Section 100-31 and Section 100-30A.3, as noted in the Notice of Disapproval dated November 29, 2001." Unless otherwise confirmed in writing, our Department will continue to process the request for area variances as noted above. Thank you. Very truly yours, Gerard P. Goehringer Chairman i 1btE-e ILaTI—ieul t2 PROJECT I.D.NUMaER - 617.21 S. QI i Appendix C State Environmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 1. APPLICANTISPONSOR 2. PROJECT NAME Peter and Valerie Leoniak G. PROJECT LOCATION: 1 Municipality outhold county Suffolk e. PRECISE LOCATION(Street address and road Intereectlons,Pnso teem landmarks,ele.,or pMvjde maol Pine Tree Road, Cutchogue, New York SCTM Nos. 1000-98-1-15,16,17 - 5. IS PROPOSED ACTION: ❑NSM ❑E.Danalen Mudi((catlonralteratl" .� 6. DESCRIBE PROJECT BRIEFLY: Divide three(3) merged lots into two (2) lots. T. AMOUNT OF LAND AFFECTED: Initially 59.014 sq. fee;c,se lnlima1e1Y59,014 sq. feet;C,es S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yea fRNc It No,desalbe briefly Lot sizes substandard 9. WHAT 15 PRESENT LAND USE IN VICINITY OF PROJECT? ®Reaben(ial ❑Industrial ❑Commercial ❑A911cullure ❑ParklForesVOpsn space ❑Other Describe•. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL STATE OR LOCAAGENCY(FEDERA LIT ❑Yea O No It yes,list.pentyls)and parmNaoprorals 11. DOES ANY ASPECT OF THE ACTI.:N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yea N, It yep.Bat agency name and permNapproral 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITrAPPROVAL REOUIRE MODIFICATION? ❑Yea ®No - 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE l� AppBtanusp so( n and Valerie Leoniak 10-25-01 Dare: s signature: It the action is in the Coastal Area, and youare a state agency, complete the Coastal Assessme)11 Form belore procooding with this assessment OVER • 1 - WILLIAM C. GOGGINS 7r ATTORNEYAND COUNSELOR AT LA, P.O.Box 65 13105 Main Road - Mattituck,New York 11952 Phone (631)298-4200 Fax(631)298-4214 WILLIAM C.GOGGINS December 1, 2001 DONNA M.PALMER Zoning Board of Appeals Paralegal 53095 Main Road Southold, New York 11971 Attn: Members of the Board � 5� Oi- Re: Peter and Valerie Leoniak; ZBA application Appl. No. 4995 Dear Members of the Board: In connection with the above referenced matter, enclosed please find an application to amend our current application. Specifically, we ask for the following relief: 1. Relief from the disapproval of the Building Department dated November 29, 2001 disapproving the division of merged lots because the lots would not conform to the minimum lot size of 40,000 square feet and the minimum required width of 150 feet; and 2. Relief from section 100-31 locating a one (1) story accessory garage. Enclosed please find the following: 1. An amended application; 2. Short Environmental assessment form; 3. Survev dated October 23, 2001; 4. Check in the amount of$300.00 as and for the balance of the fee-, and 5. Notice of Disapproval dated November 8, 2001, amended November 29, 2001. If you have any questions, please do not hesitate to contact the undersigned. Vry truly our William C. oU ggvv Cc: Wickham, Wickham & Bressler FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. 9- NOTICE OF DISAPPROVAL O?NovNov n DATE: November 8, 2001 TO: Peter and Valerie Leoniak 2040 Pine Tree Road Cucthogue,NY 11935 Please take notice that your application dated November 8, 2001 For a permit for a lot lin an a at Location of property 2040 Pine Tree Road, Cutchogue County Tax Map No. 1000 - Section 38 lock 1 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed lot line change ursuant to is not permitted pursuant to Article IIIA Section 100-30A.3. which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet and the minimum required lot width is 150 feet. The proposed lot set off would create a non-conforming lot (Parcel II) that measures 36,617 square feet with an insufficient lot width of 125 feet. The adjacent lot Parcel I would also become non- conforming measuring 22,397 square feet with an insufficient lot width of 104 feet. In addition, the lot line change will locate a one story accessory garage onto parcel I, which is not permitted pursuant to Article III, Section 100-31. An accessory garage is not a permitted use. Total lot coverage, following the proposed lot line change, will be approximately four(4)percent on lot II and approximately 2 percent on lot I. aonzed Signature Cc: ZBA, File TOWN OF SOUTHOLD PROPERTY RECORD CARD OLY'x3EP. I STREET VILLAGE DISTRICT Sus- LOT 6 �- �f v ' .a ; Af 1YwIe€' Rod �!/ Ic ;lAgVe _�_E /+�o2.T'v`'crO QI CD --- --}r-� �nl-t-L� - 1--------- --- 1 r of ;m -=R41ER OWNER N E - ACREAGE CD � � -- - --- - .�� CD Kc j 4 4r _ r S _ W --- TYPE OF BUILDING _ CD - VL. FARM COMM. IND. CB. I rnisC. Est. Mkt. Value LAND ?MP. TOTAL DATE REMARKS. IkdQ l ry ..G!j 'Yo0 / .A�' / y_.z% !',nsr,- a�1 z C.,Y0.9w_ r r_`.'�� o v,-,�---- GG Yb � � Co <ec ( A.! C rdr-[_Bof. t _ yr -- ? a 312 �. Cu Y,-,o-✓r lI.ri c n - —=3 a//T/ 7/* l! G�= �r2k � �� !" Wti+' — AGE SUtLE71NGCON01'tIQN JQ ( _t� �tX 0 NFW NORMAL BELOW ABOVE FRONTAGE ON WATER x - ---- .-.- ---- - - ....... ------ ---- ---- ---- -- -- _—._.-- CE #:arm Acre Vofue Per Acre Value FRONTAGE ON ROAD I --- --< --- -X-1- TIi::Le I BULKHEAD Til"ahle 2 DOCK T:I table 3 _— --.--- ----... - - ------------- i.:, — ----- --- — - - Wocd land U oN Swemnland --•-------__,—__ Z BrusFJ �'^ ------- - cn w cure -------- w a LL � T;ta3 a F a m Q m m M N Lo ?L. Lo 1 I TI { I I - -- _ CE M. Bidg. 6 ! Foundation ! �• Bath _�- ---- — Extension �C 8 8 z �s. t Basement �U (+ j F[JON o Extension - �Q Ext. Wallsf�y Lfnterior Finish r1 IJ. Vr . a /. N -- -- --� —- --- — -- _. --- —- - -� .�._ � 2. Extension ex r o = 8a y o I �y Q . Fire Place Heat Z - !----- _— - -- �T� - Porch i Rao Type i w Gfl'ccH � _ /�.—_... -. .. �rCO 1J,?�_` xh1' YP ��,! b%E F �_- _ -- �- _ ---f ------- - a �f _ Porch R;ionls Tst Flrmr Ereezewav IPa I iio Rao ms 2 nd Fr II —------'-- Of I crz9e 3 `� - X11-- �./f/I f !� 7/3 i Driveway I Dormers x ----- -- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT 732,PZ & „ / e P/ -e Tee /Ford (v f-r- � a ve r/ a,r�fdv�}rnd' ORE OWNER N E ACREAGE �S�y�f S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS o OQ e6 s /y16� - y� � 3z �emoae C, 6 Deu_; it,i lqq- LI -4DAbeder W �b deo AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD - 6 Tillable 1 BUN61116kir Tillable 2 D (� Tillable 3 Woodland Swampland Brushland House Plot Total Jo -i TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER y STREET VILLAGE DIST. SUB. A/ LOTDo ,2 9 �;, e T e e. �o aQ� (� d 7r� �o v e /�a.f J c�v /d s .r �dls - 4 FORMER OWNER N E / S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP, TOTAL DATE REMARKS Yz9 cf6 Car( RQtk l ede+r 4 N-C- H14 3aQ c3� C 6Y y6 6 y6 6 3 L `� 3 ) go-Al oIz P p �Ce V (bb 21/6 1�a. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH �'�yti✓ Total DOCK WILLIAM C. GOGGINS ` ATTORNEYAND COUNSELOR AT LAW P.O.Box 65 13105 Main Road Mattituck,New York 11952 Phone(631)298-4200 Fax(631)298-4214 WILLIAM C.GOGGINS November 6, 2001 nONNPA M/gal MER Building Department 53095 Main Road Southold, New York 11971 j I Re: Peter and Valerie Leoniak L PaOv _, 7 2001 a ZBA application Appl. No. 4995 FtC•c:. nEc`T Dear Sir/Madam: In connection with the above referenced matter, the applicant hereby requests a notice of disapproval of our request to divide the three (3) merged lots into two (2) lots in accordance with the map attached hereto. This involves the same property already reviewed in connection with your notice of disapproval dated July 17, 2001. A copy of same is attached. Upon receipt of the Notice of disapproval, we will be seeking an area variance to permit an existing garage on a vacant lot, and a division of the merged lots. If you have any questions, please do not hesitate to contact the undersigned. Very y yours, CV)1�6 William C. Uoggins 0 LOT No. 28IL _ FND. N71'00 PIPE m m 0"E H � 7 2001 ROW OF METAL FENCE POSTS 202.84 �, •� '-� FND. OD PIPE P 4 AA mi DG. DEPT. Fwp c $ .0 4 � N Y p � .. i w ko POST go v m Er A, 0.5 to p ROW OF WOO POSTS o a O "' Y V -i ❑ ❑ZN r G'99 0 ............ 'vbr N 2 ICA A FR N j - W o o CE. M9 0 Y ✓:,� O o 24 101 'ONd ORi� oa j 1 O )b10Ln v 's 113.54' 31`70 N60-46'43'E in 73*12'13•E N q Ix A 11 "� F A F a�F ' jp r ON } _ 10.0 . l♦r: p PA 'n $ � 9 O �rOST �y+� •�� X�g e ' " .. H ,�£ �'taa+�i .n tl t.r+••4F E q� h° >^ aa. ' �'" �!'4 M7� ID EbST 1 y q S74p741 W �� DIRT ROS%EAD R�EET LANE mf.�7'0 o N p m �yJ yrtanv AVB nDN -00 A� --40 0 Zi T w Icy • FORM NO. 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL i DATk, July 17, 2001 TO William Goggins A/C Leoniak PO Box 65 Mattituck NY 11952 Please take notice that your application dated May 1 2001 ;rte 7 2001 JJJ For merger determination at BLDG. DEPT Location of property 1900 Pine Tree Road Cutcho e F s�u1?wyt,D County Tax Map No. 1000 - Section 98 Block 1 Lot 17 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the.following grounds Subject lot has merged pursuant to Article II Section 100-25A which states; A nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1 1983.An adjacent lot is one which abuts with the parcel for a common cougse of fifty(50) feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Subject lot has merged with adjacent lot SCT" 1000-98-1-1 Authon d Si afore �L at I COUNTY OF SUFFOLK) )SS: STATE OF NEW YORK) THOMAS B. CAULFIELD, PRESIDENT OF SCTIC, INCORPORATED, an authorized agent for Fidelity National Title Insurance Company of New York, Inc., being duly sworn deposes and says: THAT he has had a search made of the records of the County Clerk's Office of Suffolk County for the following described property: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Nassau Point, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot # 32 on a certain map entitled, 'Map of Nassau Farms, situate at Peconic, Suffolk County, New York, Otto W. Van Tuyl, Licensed Surveyor, Crreenpoint, N. Y." and filed in the Suffolk County Clerk's Office as and by the Map#1179. ALSO being known and designated on the Suffolk County Real Property Tax Agency Map as: DISTRICT: 1000 SECTION: 098.00 BLOCK: 01.00 LOT: 015.000 SAID Search completed on the 29P day of March 2001 shows the following chains of title since 4/23/57 LIABILITY IS LIMITED TO THE AMOUNT OF FEES PAID. BY: THOMAS B. CAULFIELD Sworn to before me this j day of 2001. KATHERINE FERGUSON 'r:nta Y Pubk Stele d New York No.01FE4878810 Ouarmw In SuBak county SUBJECT PREMISES: SCTM: 1000-098.00-01.00-015.000 CHAIN OF TITLE Deed: Frank Cordes Dated: 12/3/54 to Recorded: 12/9/54 Carl Rothledger Liber 3805 cp 477 Marie Rothledger, his wife NOTE: Marie Rothledger died a resident of Suffolk County on 12/9/65 Deed: Carl F. Rothledger aka Dated: 3/28/84 Carl Rothledger Recorded: 4/3/84 to Liber 9538 cp 431 Carl F. Rothledger Enid M Rothledger, his wife NOTE: Carl F. Rothledger died a resident of Suffolk County on 2/16/92 Deed: Enid M. Rothledger Dated: 8/16/99 to Recorded: 8/20/99 Valerie Leoniak Liber 11984 cp 230 LAST DEED OF RECORD BY: THOMAS B. CAULFIELD Sworn to4e this Day of 2001. KATHERINE FERGUSON YPubk steps of New yck OAft 10 PREMISES NORTH: SCTM: 1000-098.00-01.00-016.000 CHAIN OF TITLE Deed: Ralph W. Sterling Dated: 2/l/43 to Recorded: 6/8/43 Carl F. Rothledger Liber 2290 cp 450 Marie L. Rothledger, his wife NOTE: Marie L. Rothledger died a resident of Suffolk County on 12/9/65 Deed: Carl F. Rothledger Dated: 3/28/84 to Recorded: 4/3/84 Carl F. Rothledger Liber 9538 cp 429 Enid M. Rothledger, his wife NOTE: Carl F. Rothledger died a resident of Suffolk County on 2/16/92 Deed: Enid M. Rothledger Dated: 8/16/99 to Recorded: 8/20/99 Valerie Leoniak Liber 11984 cp 229 Deed: Valerie Leoniak Dated: 1/10/00 To Recorded: 1/10/00 Peter Leoniak Liber 12012 cp 632 Valerie Leoniak LAST DEED OF RECORD BY: THOMAS B. CAULFIELD Sworn to a this, t1 Day of 2001. B � �9U`ilHkR3NE.LHCU9Uir Notaq Public,stets W N"yo; N0.01FE48MIO tlue8 W in suffm County Comrftm Emmy I 1 I1 l 1A PREMISES WEST: SCTM: 1000-104.00-02.00-006.000 CHAIN OF TITLE Deed: Adele H. Sterling as administrator Dated: 10/29/47 of the goods and chattel of Ralph Recorded: 12/3/47 Warren aka R. Warren Liber 2780 cp 448 to Carl F. Rothledger Marie Rothledger NOTE: Marie Rothledger died a resident of Suffolk County on 12/9/65 Deed: Carl F. Rothledger Dated: 5/5/67 to Recorded: 5/8/67 Joseph W. Kalman Liber 6148 cp 300 Joan Kalman, his wife Deed: Joseph W. Kalman Dated: 1/31/97 Joan Kalman, his wife Recorded: 2/6/97 to Liber 11815 cp 63 James E. Mulvey Dawn R. Mulvey, his wife Deed; James E. Mulvey Dated: 3/16/00 Dawn R. Mulvey, his wife Recorded: 3/28/00 to Liber 12030 cp 605 Frank Cento Tina Cento, husband &wife LAST DEED OF RECORD PREMISES SOUTH: BITTERSWEET LANE PREMISES EAST: PINE ROAD BY: THOMAS B. CAULFIELD Sworn to me this- Day of 2001. B . —_`�` ?rye YJ17HEKiINE FERGUSON Notary F ubk Stele of New YoiR No.01FE4878810 FIEct . -ti RECORDED' 11984PC230 _..�.=.� Number of pages TORRENS TIE- AUG 2 U 1999 99 AUG 20 PM $I 37 Serial# EDWARD P. ROMAINE TRANSFER TAX CLERK OF Certificate# SUFFOLK SUFFOLK COUNTY COUNTY Prior Ctf. # 03423 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. _ Handling � 1. Basic Tax — TP-584 2.Additional Tax _ Notation Sub Total _ EA-52 17(County) Sub Total �— Spec./Assit. EA-5217(State) Or Spec./Add. R.P.T.S.A. yL`e TOT. MTG.TAX Comm. of Ed. 500 zy Dual Town Dual County d Held for Apportionment Affidavit +'�j� ♦ Transfer Tax _ Certified Co & ��� Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND OTAL / If NO, see appropriate tax clause on page# of this instrument. 5 Real Property Tax Servic ncy Verification 6 Community Preservation Fund gr �tx; Dist. Section B lock Lot Consideration Amount $ tCXrirY m 1000 098.00 01.00 015.000 CPF Tax Due $ I�ta10 roved initial RECEIVED ,$ ® acant Land�� 7 S tisfactions/Discharges/Releases List Property Owners Mailing Addre s D �`'`— RECORD& RETURN TO: AUG 2 0 1999 William C. Goggins D P.O. Box 65 C0r,, Qf4ITY D 11775 Main Road PRFASERVATION Mattituck, New York 11952 FUND (516) 298-4200 8 Title Company Information Co. Name Title # 9 Suffolk Count Recordin & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in ENID M. ROTHLEDER SUFFOLK COUNTY,NEW YORK. TO In the Township of Southol d VALERIE LEONIAK In the VILLAGE or HAMLET of Cutchogue BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. CONSULT YOUR LAWYER BEFOROING THIS INSTRUMENT-THIS INSTRUMENT SHOULD OED BYLAWYERS ONLY h { THIS INDENTURE, made the ' day Of August 119 99 BETWEEN ENID M. ROTHLEDER, residing at no number Pine Tree Road, Cutchogue, New York party of the first part, and VALERIE LEONIAK, residing at 295 Fanning Road, New Suffolk, New York party of the second part, WITNESSETH, that the party of the first part, in consideration Ten ($10.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being##IEM near Nassau Point, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot #32 on a certain map entitled, "Map of Nassau Farms, sitate at Peconic, Suffolk,County, New York, Otto W. Van Tuyl, Licensed Surveyor, Greenport, N.Y." and filed in the Suffolk County Clerk's Office as and by the Map #1179. BEING AND INTENDED TO BE the same premises conveyed to the pary of the first part by deed dated March 28, 1984 and filed in the Office of the Clerk ofSuffolk County on Ap 3, 1984 in Liber 9538 of deeds at Page 431. TOGETHER with all right, title and interest, if any, of the party of the first part In and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ENID M. ROTHLEDER N.Y.B.T. U. Form 8002'--Bargain and Sale Deed,with Covenant against Grantor's Acts-Individual or Corporation(Single Sheet) 3290 U984PC230 STATE OFF NEW YORK,COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF ss: On the/b day of August 19 99 before me On the day of 19 before personally came me personally came ENID M. ROTHLEDER to me known to be the individual described in to me known to be the individual described in and who executed the foregoing instrument, and and who executed the foregoing instrument, and acknowledged that she execut 94the same. acknowledged that executed the same. n J WILLIAM C.GOGGINS CQotary Public,State of NOW Yak/Jj 4963889 NO Y PUBLICQualified In Suffolk County Commission Expires March 12,— STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose the subscribing witness to the foregoing instrument, with and say that he resides at whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at that he is the of ; that he knows the corporation described to be the individual in and which executed the foregoing instrument; that described in and who executed the foregoing instrument; he knows the seal of said corporation; that the seal that he, said subscribing witness, was present and saw affixed to said instrument is such corporate seal; that it execute the same; and that he, said witness, at was so affixed by order of the board of directors of said the same time subscribed h name as witness corporation, and that he signed h name thereto thereto. by like order. SECTION BARGAIN AND SALE DEED BLOCK WITH COVENANT AGAINST GRANTOR'S ACTS LOT COUNTY OR TOWN Title No. STREET ADDRESS ENID M. ROTHLEDER TO VALERIE LEONIAK Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO by Standard Form of New York Board of Title Under writers Distributed WILLIAM C. GOGGINS - P.O. Box 65 11775 Main Road Commonwealth Mattituck, New York 11952 A LANDAMERICA COMPANY 516 298-4200 w U Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 12/04/01 Receipt#: 5591 Transaction(s): Subtotal 1 Application Fees $300.00 Check#: 5591 Total Paid: $300.00 Name: Leoniak,Valerie& Peter P. O. Box 531 Cutchogue, NY 11935 Clerk ID: LINDAC Intemal ID:42567 FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL.# �® ASSESSORS CARD (7 COPIES) NAME CTY. TAX MAP (7 COPIES + 1) CTM# INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE UPDATED NEW INFORMATION 1f L , 7 i I r ueoi)24� awakyo cc�a Bvri)iH oa Z- r— t�4�u PLANNING BOARD MEMBERSQ$UFfO��('C OG BENNETT ORLOWSKI,JR. Q� P.O. Box 1179 Chai�� _S y, Town Hall, 53095 State Route 25 J WILLIAM J.CREMERS y Southold, New York 11971-0959 1\� KENNETH L.EDWARDS y. Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO y�►Ol �a0�' PLANNING BOARD OFFICE TOWN OF SOUTHOLD JUL I 32 To: Zoning Board of Appeals From: Planning Department Date: July 1, 2002 Re: Lot Line Change for Burger/Kosmynka formally Leoniak SCTM# 98-1-15, 16 & 17 R-40 The Planning Department has reviewed the proposed lot line change for Burger/McGrath The following concerns are: 1. The three subject parcels that appear to have merged encompasses 59, 041 sq. ft. 2. The minimum required lot area in the R-40 zoning district is 40,000 sq. ft. The subject property conforms to this district 3. The request to unmerge these lots will result in two non-conforming lots. 4. The Planning Board is not in favor of creating non-conforming lots in any zoning district. 5. The applicant's request, if granted, may result in a second application to the Zoning Board of Appeals for an area variance to further subdivide the larger lot. Based upon the above, the Planning Board would like to go on record as opposed to the lot line change. Please advise this office of any findings the Zoning Board of Appeals makes on the application. OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 Email: Linda.Kowalski(aTown.Southold.ny.us or Paula.OuintieriCa',Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION FAX# / ATTN: do Cam , DATE: /7 / /2002 JU a REF: MESSAGE: Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: iPINING BOARD MEMBER0 �SUFFO(,�c BENNETT ORLOWSKI,JR. �Q�' P.O. Box 1179 ty Chairman = Gyp Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y - Southold, New York 11971-0959 KENNETH L.EDWARDS y. Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. • Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE I TOWN OF SOUTHOLD i;` JUL 1 JL To: Zoning Board of Appeals From: Planning Department Date: July 1, 2002 Re: Lot Line Change for Burger/Kosmynka formally Leoniak SCTM# 98-1-15, 16 & 17 R-40 The Planning Department has reviewed the proposed lot line change for Burger/McGrath The following concerns are: 1. The three subject parcels that appear to have merged encompasses 59, 041 sq. ft. 2. The minimum required lot area in the R-40 zoning district is 40,000 sq. ft. The subject property conforms to this district 3. The request to Immerge these lots will result in two non-conforming lots. 4. The Planning Board is not in favor of creating non-conforming lots in any zoning district. 5. The applicant's request, if granted, may result in a second application to the Zoning Board of Appeals for an area variance to further subdivide the larger lot. Based upon the above, the Planning Board would like to go on record as opposed to the lot line change. Please advise this office of any findings the Zoning Board of Appeals makes on the application. RANSMISSION VERIFICATION�� TIME 07/05/2002 15:04 DATEJIME 07/05 15: 03 FAX ND./NAME 2984214 DURATION 00:00: 48 PAGE(S) 02 RESULT OK MODE STANDARD ECM ` f 4, 1�v 40 WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW P.O.Boz 65 13105 Main Road Mattituck,New York 11952 Phone(631)2984200 Fax(631)298-4214 WILLIAM C.GOGGINS May 9, 2002 DONNA M.PALMER Paralegal Southold Town Planning Board 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Burger/Kosmynka; SCTM No. 1000-098.00-01.00-015.000 (merged with tax lot 16) 1000-098.00-01.00-016.000 (merged with tax lot 15) 1000-098.00-01.00-017.00 Dear Sirs: In connection with the above referenced matter, enclosed please find the following: 1. Complete application for a lot line change; 2. Agency Affidavit; 3. Eight (8) surveys of subject area 4. Surveys of existing lots; and 5. A check in the amount of$250.00 as and for the filing fee. As discussed at the work session, we seek to move the common lot line shared by tax lot 17 and tax lot 16 as depicted on the survey submitted herewith. If you have any questions regarding this matter, please do not hesitate to contact the undersigned. Very truly yours, Ll tlliam C. o wCG/bh M '1 enclosures AY 10200 Southold Town Rambo �1,0 CD4 !) LAW OFFICES Z 'j- /' I✓ WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD U ABIGAIL A.WICKHAM SUITE III LYNNE M. GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-94BO May 6, 2002 TELEFAX NO. 631-249-9484 Southold Town Planning Board Post Office Box 1179 53095 Main Road Fii Southold, New York 11971 t La Re: Leoniak (Burger), Pine Tree Road, Cutchogue, N.Y. MAY 0 7 2002 SCTM41000-98-1-15, 16, & 17 Southold Town Gentlemen: Planning Board We represent Thomas Cottrell, who owns the property to the North of this property. We would like you to have his comments at the outset of your review of this matter, rather than waiting until the public hearing stage. Dr. Cottrell's concerns are very simple: 1. The application should be for a minor subdivision, not a lot line change. The three tax lots, 15, 16 and 17 have merged into one lot. It is clear from the language of the Code that an undersized lot merges with adjoining property owned in common until the requisite area is obtained. Therefore, all three undersized lots merge into one, because none of the tax lots is 40,000 square feet. The argument that because two of the lots together create a 40,000 square foot lot, the third undersized lot does not merge, does not appear to be consistent with the language of the Code. 2. If the plan presented is approved, the northern lot will contain an accessory garage with no principal use. The upkeep,use and maintenance of this building is of concern, as the prohibition on this type of usage was to avoid the risk of derelict accessory buildings. 3. The residence on the property is small and of some age. The likelihood is that it will, in the foreseeable future, be removed and replaced with a much larger new home of the type Mr. Burger typically builds. This is also true of the garage, which is located in the central portion of the building envelope on the northern lot. It would, therefore, appear that the boundary line between the two properties should be more regular and be designed to more evenly divide the property in half. The proposed boundary line was apparently drawn to accommodate the side yard setbacks from buildings which in all likelihood will be less permanent than the boundary line. Thank you for your consideration. Ve;ytruly yours, Abigail A. Wickham Cc: Bill Goggins, Esq. \k �} STATE OF NEW YORK) 8:10 p.m- Appl. No. 5117:-yy ( \0 EW,;This is a request for Vaeimlces )SS: ` under Sections 100-205D,100-205.1-C, (`111 IN7V O SUFF LK) �- and 100.?06B, based on the.Building " Department's January 15, 2002 Notice .�"A-1 NCW k010-4 _, of Mattituck, in said of Disapproval concerning four ground signs which exceed the size requirement county, being duly swum, says that he/she is Principal of the zoning :code. Location of t clerk Of THE SUFFOLK TIMES,a weekly newspaper,pub- Propertyt'32a5.Horton Lane;spnuwla; Parcel 1000-59.-3-32.L lished at Mattituck, in the Town of Southold, County of - 8:20 p.m.Appl.No.5058.Peter and Suffolk and State of New York,and that the Notice of which Valerie Leomak.eral.This is a request 1 for Area variances under Sections 100- the annexed is a printed Copy, has been regularly pub 30A,3 and 100-31, basedonthe -i lished in said Newspaper once each week Building Department's November 29, l; for weeks successively, commencing 2001 Amended Notice of Disapproval. 4 The applicants prppose to create two 3 on the 010 day Parcels out of a 5$,014 sq,ft:area:(idea- of - ._—204t-,tilted'as County Taw Map Lms,15, 16, n and 17 M41lock 1 Section 98).Each of '.. the proposed Parcels will havean area I. of less than 40,000 sq.ft.;Parcel#1 will 11 also have a lot,width.(frontage)of less Pnncipal Clerk than!125 ft.,with ay exisd)ng accessory. gauge on a,vacant lot,proposed at this time without a principal use.Location of Sworn to before Mme this 7 Property: 2040 trine Tree Road and: day ofd —'LO 6 JA— Bittersweet Lane,Cutchogue. 8:25 p.m.'Appl. No. 5072.Dr.]em 12"0-4 Cµµ,k Callis & others (Continued hearing, l LAURA E. BONsDARCHUK carried from the March 21,.2002 Notary Public, State of New York Hearing Calendar). No 01 B06067968 The Board of Appeals will hear all Qualified in Suffolk County persons, or then representatives,Beate- My Commission Expires Dec.24,20_O ing,to be heard at'each hearing,-and/or { desiring tosubmit written statements before the cpncluslon of each hearings.., Facb,hearipg wliYnot Matt'earlier than destgnateif above.files ares availallotor review during regular Town Hall busy- ttess if you have questions please do not hes- itate to 641-(,63IX7j jm I k09, / Dated May�2,26,Q2. Southold Town Board of Appeals _ 53095'hlain Road P.O Boz 1179 SogtpoldsNl ,9,5},__ - i` '<: •, 'F(Tel.631=ti 514$09) - c f «r ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD 3 nn LF JI_ COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of PETER LEONIAK and VALERIE LEONIAK, AFFIDAVIT OF MAILINGS SCTM NO. 1000-098.00-01.00-015.000 1000-098.00-01.00-016.000 1000-098.00-01.00-017.000 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) BARBARA HOFER, residing at Mattituck, New York, being duly sworn deposes and says: ONE: On February 11, 2002, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Legal Notice in postage prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which abuts and is across a public and private street, or vehicular right of way of record surrounding the applicants property, of which a copy of that list is attached hereto and made a part hereof as Exhibit A. TWO: Copies of the legal notice with the attached certified mailing receipts are attached hereto and made a part hereof as Exhibit B. BARBARA HO R Sworn to before me this day of February, 2002 Notary Public ELAINE T.VIWWO Notary Public,Stele of Now York No.01VI6029229,Suf ft +commission EVires Aug.9, Names, Addresses Leoniak ZBA 1. 1000-098.00-01.00-019.000 Thomas and Jane E. Cottrell 3775 Skunk Lane P.O. box 1292 Cutchogue, New York 11935 2. 1000-098.00-01.00-020.000 Anthony R. and Nancy S. Izzo as Trustees 7 West Muirfield Court Homosassa, Florida 34446 3. 1000-098.00-01.00-011.002 Martin T. and Christine D. Kosmynka 1985 Pine Tree Road Cutchogue, New York 11935 4. 1000-098.00-01.00-012.000 Thomas R. Leviness 2015 Pine Tree Road Cutchogue, New York 11935 5. 1000-098.00-01.00-013.000 Arthur and Esther Matelli Revocable Trust 172-09 32' Avenue Flushing, New York 11358 6. 1000-098.00-01.00-014.000 Eugene and Ann Burger 2215 Pine Tree Road P.O. Box 934 Cutchogue, New York 11935 7. 1000-104.00-02.00-008.000 Lindsey and Shelley Scoggin 2220 Pine Tree Road Cutchogue, New York 11935 Names, address (cont.) 8. 1066.104.M,62.00-006.000 AAA and Tint; Cento 84 Wyatt Road Garden City, New York 11530 ', 1002 12:30 6317659 ZONINGAPPEALSBOO : PAGE 02 r N TICS OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 21, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY. FEBRUARY 21, 2002, at the time noted below (or as soon thereafter as possible): 8:10 p.m. Appl. No. 5058 - PETER & VAL LEONIAK — Area variances 1)lot sizes, 2) garage location. This Is a request for Variances under Zoning Code Sections 100-30A.3 and 100-31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq,ft. in size. Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location of Property: 2040 Pine Tree Road, Cutchogue; 1000-98-1-15, 16 and 17 (approx. 1.5 acres as exists). The Board of Appeals will hear all persona, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 5, 2002. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 U.S. Postal Service CERTIFIED MAIL RECEIPT eK_ (Domestic Mail only; No Insurance coverage Provided) �eiir3�d 7t5IlI�el3�7��3 o CUTCI1OGflE, 1 C3 'UI6013k� 4 663, !rT Postage $ p .lO q-1Postage $ 31- Cedlfied Fee i 17M1 •n J, Q Certified Fee .0 Fill Return Recelpt Fee •�0 71�p1ark _n (Entlorsement Required) ,jr Ostmark I Here Return Receipt Fee C.EY'�:; } JCy.i - PJ Endorsement Required) C3 Restricted Delivery Fee ( jyq Q (Endorsement Required) t IaeY4;` -,. i, C3 Restricted Delivery Fee 0 Total Postage 8 Fees `'' . .. ,� C3 (Endorsement Required) 44.. 11 Total Postage&Fees $ Cr Sent To O �11 r-1 Thomas R. Leviness oma- Sent To -- - Eugene And Ann Bur Street A f.No.: ---------------------------------- � vv r_3 or POBox No. __--_._--. Fi4a--------------------------------------get................... .--............. 2015 Pine Tree Road Streeq Apl.No.; O C/ly,SiMe,ZIP+4----------------------------------' or PO Box No. -------------------------------------- o y P.O. Box 934 M1 Cutcho ue New York 11935 O qf,State,ZIP+4 ------------------------------------------------------ --- "' " g r Cutcho ue New York 1193 :tt tt (DomesticU.S. Postal Service U.S.postal Service TIFIED MAIL RECEIPT TIFIED MAIL RECEIPT . • Domestic. Ln �p 1091-11M 04 like I ' ' �:, - ¢ A ? M1 €UT€HOWIIF- �1J n i iG ntlIT�I: ny: /� '6 ILI• g52 Pin Postage $ •• f1l Postage $ M1 _ t V �TUp M1 2 A Jay f Certified Fee ,A Codified Fee ya�f )) Z t 0 rk Y6stmark Hwaa Return Receipt Fee F He Return Receipt Fee N (Endorsement Required x-.L t tF,l� fU (Endorsement Required) M-•� C3 K...:,. . p Restricted Delivery Fee 1' C33 Restricted Delivery Fee 0 (Endorsement Required) {/ (Entlorsement Required) —�u a. 2!j 0 Total Postage 8 Feea $ Total Postage&Fees O tr Sent To -r Sent To Arthur & Esther Matelli Lindsay and Shelley Scoggin _------- Street, --------------N ------- O or PO Box No. ra SrrP0 Apt.No.; 172-09 32nd Avenue or PoeaxNo. 2220 Pine Tree ad or -----------------------------------------------------------------------•------------------ O City,State,ZIP.4 C7 qty,Stele,ilP+4 r- Flushin e r cutcho ue New York 1193 at tt a, tt U.S. Postal Service U.S. Postal CERTIFIED MAIL RECEIPT CMAIL RECEIPT ERTIFIED (Domestic Mail Only; No Insurance Coverage Provided) i (Domestic Mail Only; No Insurance Coverage Provided) M o aa IG�tlSA r;; L 444 i C+104: t ( 935 itst3 ., UNI? II!: Oqr• r�,TG UNIT Ifl. 71Q5o i� Postage .. M1Postage $ r_% � Certified Fee ._'.10 MAT)�r- �:; Certifie ee •��`- j i o p¢turn R¢cel t Fee Fp 1.•50 Postmark Return Receipt Fee `CJ Here r1J (Endorsement Required) Hem (Endomement R fired) ( 6^ V'iC, I o F 2 10 let.... :. fla " vljF,f:?u ,C Restricted Dery so C3 Restricted Delivery Fee 3 O Endorsement Re u 0 3 (Endorsement Required) ( j r ( q Itft^ A. ! Total Postage 8 Fees y °94 , ,0 <�oo C3 Total Postage&Fee 7 p- Sent To � ` jr LStmefApt.No.; 0,a Anthon R. -&_.Nene S.--Izzo :-&-Christine-_Kosjnka .-_- ...............y...-.. ..._.X. ------­­-------­­--- Si. o.; .............. ......................'3 or PO BO Nn. f 1985 Pine Tree Road 7 West Muirfield Court --_--- -------- --_-._O Clty,SfafeZIP+4 •----------------------'_.__....._..'..._""-"-'------- O ---- Homosassa Florida 34446 M1Cutcho e e:,, „ „ CERTIFIED1-11443.11.Nil InIlml I U.S. Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT(Domestic Mail Only: No Insurance Coverage Provided) MAIL RECEIPT �� (Domestic ru M1 C rn C3 GRR[ N (��ti; rd" '21 t C s m UTCFGGI N X1935 . , - � , B M U zc III: 0,052. Postage $ n•;y LIN ]:I!: }052 IT Postag $ "' r QQ t` 1-03 ..B .%^jn ,`�U � 'j '� Certlf1 dFee �^�I Cer111ied Fee 1 0,v p -0 Ostmark `40! Return Recelpl Fea j..C�' Postmark f1J Return Receipt Fee j""�' ru (Endorsement Require[, i�qri (Endorsement Required) o f�. r _i l::: K.Z..H O �1PYF:;, p Restricted Delty ryFee c C3 Restricted Delivery Fee (Endorsement Required, 0 (EndomementRequired) @ -t A. /tZ;'j.1l02 Total Postage 8 Fees "°94 02,11/02 Total Postage&Fees $ "'°' O 7 p&- sent To 0' Sent To 0,a ra Thomas and Jane E. Cottrell --FM! - .ei1f.D...................... ......................_...—.._......-............._....---1___......-----_. Street Apt.No.; Street Apt.No.; __-"---'--' CR or PO B-No. .�` n r3 or PO"'No- P.O. Box 1292 I= ....................$_ ._-..._ _ AT.I......11.Q.�.................. ..._------ ... ......__.....---.._ M1 City,State, IP+4 O CIfy,State,Z/P+4---------------...... Cutcho ue New York 11935 .444 g„ WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW P.O.Box 65 r EB i 4 JL 13105 Main Road Mattituck,New York 11952 Phone(631)298-4200 Fax(631)298-4214 WILLIAM C.GOGGINS February 11, 2002 DONNA M.PALMER Zoning Board of Appeals Paralegal Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Gerard P. Goehringer Re: Application of Peter Leoniak and Valerie Leoniak SCTM No. 1000-098.00-01.00-015.000 1000-098.00-01.00-016.000 1000-098.00-01.00-017.000 Dear Mr. Geohringer: In connection to the above referenced matter, enclosed please find the Affidavit of Mailings. If you have any questions, please do not hesitate to contact the undersigned. * y s, William C. G gins WCG/bh enclosure • i WILLIAM C. GOGGINS FEB t 9 ATTORNEYAND COUNSELOR AT LAW P.O.Box 65 13105 Main Road Mattituck,New York 11952 Hand Delivered Phone(631)298-4200 Fax(631)298-4214 WILLIAM C.GOGGINS LMER February 19, 2002 DON Para(gal Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Gerard P. Goehringer Re: Application of Peter Leoniak and Valerie Leoniak SCTM No. 1000-098.00-01.00-015.000 1000-098.00-01.00-016.000 1000-098.00-01.00-017.000 Dear Mr. Geohringer: In connection to the above referenced matter, enclosed please find the Affidavit of Sign Posting. If you have any questions, please do not hesitate to contact the undersigned. 3og ' t iam C. WCG/bh enclosure ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of PETER LEONIAK and VALERIE LEONIAK, AFFIDAVIT OF SIGN POSTING SCTM NO. 1000-098.00-01.00-015.000 1000-098.00-01.00-016.000 1000-098.00-01.00-017.000 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) I, Eugene Burger residing at Cutchogue, New York, being duly sworn deposes and says that: On the 8th day of February, 2002, I personally placed the Town's two (2) official Posters, with the date of hearing and nature of my application noted thereon, securely upon the applicants' property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) — facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be February 21, 2002. Eugene Burger Sworn to before me this y of February, 2002 NINS?4otary Public,StaC.�New M No.4963689,&Mdk County Notary Pu iC Commission Expires March 12, /1 0-11 *near the entrance or driveway entrance of my property, as the area most visible to passerby. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 21, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY. FEBRUARY 21, 2002, at the time noted below (or as soon thereafter as possible): 8:10 p.m. Appl. No. 5058 - PETER & VAL LEONIAK — Area variances 1)lot sizes, 2) garage location. This is a request for Variances under Zoning Code Sections 100-30A.3 and 100-31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq. ft. in size. Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location of Property: 2040 Pine Tree Road, Cutchogue; 1000-98-1-15, 16 and 17 (approx. 1.5 acres as exists). The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 5, 2002. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 OFFICE OF 4qONING BOARD OF APPEAR 53095 Main Road Southold, NY 11971 Email: Linda.,Kowalski(a-tTownofSoiithold.ny.uS or Paula.ouintieri(a'1'ownotSouthold.ny.us (631) 765-1809 fax (631) 765-9064 February 5, 2002 Re: Chapter 58 — Public Notice for Thursday, February 21, 2002 Hearing —P tV, otc.� Dear S' or Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of a map showing your project area, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property, on Monday, February 11`h, or sooner,. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. When picking up the sign, a $15 check will be requested for each metal stand as a deposit. If you already have a sign and stand and only need the laminated printout for the face of the sign, an additional deposit is not necessary and we can mail or fax it to you. Please post the Town's official poster/sign no later than February 12`h . Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement sign, please contact us. By February 18`h, please submit to our office your Affidavit of Mailing (copy enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us (but not later than the date of the hearing). If any signature card is not returned, please advise the Board at the hearing. On or about February 20`h, and after the signs have been in place for seven (7) days, please submit your Affidavit of Posting to our office. These will be kept in the permanent record as proof of all Notices. (Please feel free to return the metal stands to our office for a return of your deposit.) If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures ZBA Board Members and Staff P.S. Please pick up the posting sign any business day before Friday, February 8`h. Thank you. ANSMISSION VERIFICATION REPORT TIME 02/06/2002 12: 32 DATE,TIME 02/06 12:30 FAX NO./NAME 2984214 DURATION 00:02: 01 PAGE(S) 04 RESULT OK MODE STANDARD ECM APPEALS BOARD MEMBERS o�OS�pFO(�-�, • Southold Town Hall Gerard P. Goehringer, Chairman hQ Ql/y 53095 Main Road B James Dinizio, Jr. p P.O. Box 1179 Lydia A. Tortora\ W Southold, New York 11971-0959� Lora S. Collins iP • !� ZBA Fax (631) 765-9064 George Horning 'tlQl �.a0 Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ��C� sic + December 4, 2001 Fax 298-4214 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11971 Re: Appeal Application—Peter and Valerie Leoniak Dear Mr. Goggins: Our Department received your submission of a variance application, which we understand is a multiple request for area variances: (1) lot area of less than 40,000 sq. ft. and less than 150 feet of lot width for each parcel of less than 40,000 sq. ft.; (2) setback- yard variance for an existing garage location. This appeal is based on the Building Inspector's November 8, 2001 Notice of Disapproval, amended November 29, 2001, pursuant to your letter-application to the Building Department. A credit of the $300 paid under Application No. 4995 (for different relief) was authorized, and applied toward the $600 filing fee of this new application for area variances. For clarity and convenience purposes, we have added a notation in paragraph 2 of the Appeal Form, that the Provisions of the Zoning Ordinance under which this appeal is requested are "Section 100-31 and Section 100-30A.3, as noted in the Notice of Disapproval dated November 29, 2001." Unless otherwise confirmed in writing, our Department will continue to process the request for area variances as noted above. Thank you. Very truly yours, Gerard P. Goehringer Chairman 4RANSMISSION VERIFICATION REPORT 0 TIME 12/04/2001 11:40 DATEJIME 12/04 11:40 FAX NO./NAME 2904214 DURATION 00:00: 36 PAGE(S) 01 RESULT OK MODE STANDARD ECM I I I, I I j A SURVEY OF LOT 63 AMENDED MAP A OF :I NASSAU POINT CLUB PROPERTIES, INC. - FILE No. 156 FILED AUGUST 16, 1922 t,; SITUATED AT NASSAU POINT (TUTHILL ROAD) TOWN OF SOUTHOLD 1 SUFFOLK COUNTY, NEW YORK CLEARWATER LA ' S.C. TAX No. 1000-118-04-09 — SCALE 1"=20' FEBRUARY 27, 2002 — V 39922' 1� AREA = 38,809.66 sq. ft. GEORGE R FRY Nox. o] ate„ y - (TO TIE ONES) 0.891 OC. EVA FRY o'A� ,xom vwa oYs �� of LOT 1t FMof. it Ul V: N 03 AR 1 — — _ 359]0 \ 1" \` tn JOHN T M �T,NE CERTIFIED TO: N LOIA 82'OO'OO" E • JOHN F. 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W ANY, NOT SHOWN ARE NDT GUARANTEED. fYlEPAREp N A[L(NpNf'.E N1IH THE NN Joseph A. ingegno FDR SNd1 lff Tif TIE NEW YD STATE INp . TITLE ASSOdAIpN. APPRDIED IDOPOD kk Land Surveyor Exhibit I� No. Trt surveys - Subcwsiom - Site Plop - Calsku bore Trtye,R P I Y �'\. O PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT UAIHNG ADDRESS NK CAgNEY N.Y.S. Lia. No. 49666 1380 ROANORE AANUE CEgGFIED sTEN — P.O. Bos 1931 ywmisbnse•,L.w DTYPE gEPOgiEq6 RNERHEAD, New York 11901 Rrvs,heod, Ne. York 11901-0965 Eloerxrb fom, RfOeatsoo 22-026 1 al 41. „ Q-�� F— CJD 00 0 C. 0NG LIC > r� 0 I P ,0 Q0' S SP\.\S I 5 SiFAIING ROAD . . Q�N 11p„ y At'NUE yo�o�N0. „E S34 x'85 .Z KEY MAP °1PN S28 534�y� P"2OL E/W6I SCALE: 1" = 600 � � fj65 f� �� _ O-p I O 0.45 M 0.5W ONS' % N I LU QOD cliMASONR I M 14.4 . LANDINGY Q O 04 o LLUI I CWC, i l CDNC n pm m^ 10.9 ti - z � I� �iw 11.T la.l' _ Q 75,0' i STY. FRAME o POST ¢ ' OWE Ll nI RDDF cc 03N .- o OKWk • 1 - - ❑ 10 S' LANDIN N 23.8- I 12v14 Q- WOOD' 3 _ NYpp SLAT o.E. N w C.E. DECK FNC.* z I h Z wi ❑ PARCEL 1 PARCEL 2 y N 22,397 S.F. 36,617 S.F. I O o O N z 0Z a w o a OT No. 29 I LLLOT No 30 0 °T NO 3, GENERAL NOTES: z LOT No 32 1. TOTAL AREA OF SITE = 59,014 S.F. 2. ZONING = POST w ENDo4E I 3. THIS PROPERTY LIES IN THE FOLLOWING DISTRICTS 0.35 �a 120.00' MON. 0.35 ROW OF WOOD POSTS 120301 MON. ON SCHOOL MATTTUCK—CUTCHOGUE UFSD L/W .tN POSTAL CUTCHOGUE d a y N23'50 0 VII 240.30' N 3 L o N DL E/w FIRE CUTCHOGUE a Q-0 0-0 WATER PRIVATE WELL Lot No. 56 I LOT ND. 57 I LOT No. 56 ELECTRIC LONG ISLAND POWER AUTHORITY - PINT TREE LAND DIVISION SUFFOLK COUNTY TAX MAP KN( I AS LOTS 29 THRU 32 INCLUSIVE DIST. 1000 KENNETH H. BECKMAN L.S. SECT. 098 °u111nlnl r MAP NASSAU FARMS Surveying and Land Planning , BLOCK 01 LOTS 015,016 & b17 1814 Middle Country Road, SITUA: AT - Suite ;D PEC("""0 Ridge, N.Y. 11961 _ TOW' 'JF SOUTHOLD (631 345-9427 SUFrHG ' _K COUNTY, N.Y. SCALE: L' = 30' DATE: 10/23/01 80/- 4SS FAX (631; 345-9439 y -4 MN r 0 D -0 o m O O o O 0 cn 0c U) r- 0 � v�iy z0 DSO Nov_ i c5 N p Z z LOT No. 28 0 0 C m FND. or?� 'I N mzm PIPE pm N71'00, WE o m H ROW OF METAL FENCE POSTS 202.84 Vl �� J PIPEFND. pp co PIPE 0 � I N O p O pb W D N . II to A ul O POST rco 0.5 Ul p O z o p-o ROW �1 ' •P ! 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