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a i S 10�� ao/-� CH CK BOXES AS COMPLET D ( ) Tape this form to outside of file 42 ( ) Pull ZBA copy of ND D 0 D O ( ) Check file boxes for pri a ( ) Assign next number on N outside of file folder c ( ) Date stamp entire origi file number �" 0 � W w CO N < ( ) CO Hole punch entire origi T. �; m � w � v' � o � (before sending to T.C. cQ a, ; � o X ( ) Create new index card � c 3 z 5' m ' = D Ej, CON Cn p (D (D ( ) Print contact info & to cn co o c0 ( ) Prepare transmittal to .� EL �' d C F ( ) Send original applicati co ' N to Town Clerk v ( ) Note inside file folder o and tape to inside of f 3 ( ) Copy County Tax Map neighbors and AG lots ( ) Make 7 copies and pu ( ) Do mailing label V 0 V e r C1«r.HiS�e;�ir1✓� SE Ov 71 -43133 //,. S- (?3 -83 Dee . 5�� %1✓ �`�lSEA`b' L � .dam T �c,� o rbc T� ✓I-rY- BOARD MEMBERS *pE SOSouthold Town Hall Ur�, Leslie Kanes Weisman,Chairperson 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �O ® a� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YCQ� (,� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS r� 3. 7E-A 5,� TOWN OF SOUTHOLD v JAN 241 2 Tel.(631)765-1809•Fax (631)765-9064 l.L outhold `town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19,2017 ZBA FILE: 7017 NAME OF APPLICANT: Aller. Ovsianik PROPERTY LOCATION: 32930 Route 25 and 225 Eugene's Road, Cutchogue SCTM#'s 1000 -97- 2 - 15 & 16.5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 15, 2016stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PLANNING BOARD OF THE TOWN OF SOUTHOLD: On December 28, 2016, the Planning Board provided written comments recommending that the Zoning Board of Appeals grant alternative relief to increase the easterly buffer on the proposed lot no. 2 from 50 feet to 70 feet in width, which would still permit suitable area to add parking and landscaping required by site plan standards. It was suggested that included with the ZBA approval, permission be granted to use residentially zoned land for commercial parking. Additional comments were made concerning the potential action by the applicant to submit a petition for change of zone. PROPERTY FACTS/DESCRIPTION: The applicant's property, subject to a subdivision petition, is a non- conforming 79,577 sq. ft. split zoned parcel located primarily in the R-40 Zoning District. The property measures 136 feet and 131.22 feet along NYS Route 25, Main Road, on the westerly property line, 220.48 feet along the northerly property line, 331.63 feet along the easterly property line and measures 322.93 feet along Eugene's Road, on the southerly property line. The property is currently improved with a one story frame commercial building and a one story metal building and operates as an automotive gas service operation as shown on the survey prepared by John C. Ehlers,L.S., last revised December 8, 2016. Page 2,January 19, 2017 #7017, Ovsianik SCTM No. 1000-97-2-15 & 16.5 BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-14 and the Building Inspector's November 21, 2016,Amended December 22, 2016, Notice of Disapproval based on an application to permit a lot line change to create two non-conforming lots, at: 1) lots proposed at less than the code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 & 16.5. RELIEF REQUESTED: The boundary line alteration proposes to correct the non-conformance of an existing commercial building (CO# Z-17053, July 6, 1988) that was constructed on two separate lots, Lot 15 and Lot 16.5. The proposed lot line change will increase the split zoned commercial/residential parcel from 13,939 sq. ft. to 32,974 sq. ft. and, subsequently, proposed lot 2 will be reduced from 67,082 sq. ft. to 46,603 sq. ft. Both lots require variances because of the configuration of proposed non-conforming lot sizes where the code requires 80,000 sq. ft. for each of the lots ADDITIONAL INFORMATION: The Board received a memorandum from the Planning Board dated December 28, 2016. The memorandum recommends increasing the width of the Eugene's Road portion of proposed lot #2 from 50 feet to 70 feet for the purpose of creating an additional buffer to the residential property to the east. The Board finds that the proposed buffer vegetation on the easterly property line of proposed Lot #1 along with an additional 10 foot wide by 150 foot long vegetated buffer along the adjoining property line of proposed Lot#2 and the residential parcel to the east will create a substantial buffer. Additionally the applicant's agent testified that increasing the buffer width to 70 feet may reduce the area needed by proposed Lot #1 for future parking per code which requires 4 parking spaces per each of the 5 existing garage doors and 3 employee spaces. Finally, the dwelling to the east of proposed lot 2 is sited 20 feet away from the shared property line and an additional vegetated buffer will be conditioned to mitigate any adverse impacts from the business use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2017, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lot#2 will be similar in size to four of the existing R-80 zoned lots to the east on Eugene's Road. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Lot 16.5 (proposed lot #2) is presently non-conforming with respect to the minimum lot size requirements of the R-80 zone and to reduce its lot size will increase its nonconformity, consequently requiring a variance. Furthermore, the subject commercial building, having a certificate of occupancy, was constructed on both lots 15 and 16.5 and is situated on the adjoining lot line of Lot 16.5 and lot 15 necessitating a lot line change to correct this non-conformance. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 42%relief from the code. Although, the proposed lot line change for lot 2 will create a 46,603 sq. ft. lot in the R-80 zone, proposed lot 2 is similar in size to four of the residential lots to the east on Eugene's Road. Proposed lot 1 will become 32,974 square feet which is conforming to the B zone but is not conforming to the 80,000 sq. ft. required in the R80 Zone district on this split zoned property. Page 3,January 19, 2017 #7017, Ovsianik SCTM No. 1000-97-2-15 & 16.5 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law V67-b(3)(b)(5). The difficulty has not been self-created. There was a certificate of occupancy issued for the commercial building which is partially located on Lot #15 (B-zoned) and Lot #16.5 (R-80 zoned). The proposed lot line change is necessary to bring the commercial building into conformance with the code. 6. Town Law X267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a "lot line change", while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member horning, and duly carried,to GRANT the variance as applied for, and as shown on the Survey/Site Plan prepared by John C. Ehlers,L.S., dated July 19, 2010 and last revised December 8, 2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Create a 10 foot wide by 150 foot long vegetated buffer along the easterly property line of proposed lot#2 beginning at Eugene's Road. 2. Obtain approval from the Southold Town Planning Board for the proposed lot line change. 3. Future commercial parking is permitted on the residential portion of proposed lot 1, such as those depicted on the subject survey/site plan cited above, only with the site plan approval of the Southold Town Planning Board. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been Page 4,January 19, 2017 #7017, Ovsianik SUM No. 1000-97-2-15 & 16.5 procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning, and Dantes (Member Goehringer not present). This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing / /,?j /2017 N N W+E BOUNDARY LINE ALTERATION TYPIGAL PLOT PLAN 8 PRFPAR52 FOR not to scale es ALLEN OVSIANIK ROAD W E EX15 WING WATER SER WILE I MIN cl 2016 GUTGH06UE F N Sollningtum ar TONIN OF SOUTHOLD S P4u17nincU Board .- house SUFFOLK GOUNTY, NEVI YORK ` MAPPED JULY I cf, 2010 ti� 1p s6801s, N9 n po"ner/ � QQ� •2ON8 � Je//eh S op. SUFFOLK COUNTY TAX MPTP NUMBER c,� � ,go RFCE.xv 1000 - q-7 - 2 - 16.5 ,P e A. � eg9e of r9 /n ? � 1000 - q-7 - 2 - 1 S do}V ( 2 Q ryYJ 6 .V mese D � FIRE DISTRICT No. 261 ; I.3CrtD OF APPEA6� o ® �a10 ZCNINSGHOOL D15TR1GT NO q c r SEPTIG SYSTEM DETAIL APPLICANT: � `\ NOT TO SCALE 6 N S A ®� / \ CAST IRON FRAN£5 CAST IRON FRA]-IE AND Q R OWNER: FINAL I�A P �' \ ' O'L;,••• AND COVERS TO bRADE ; COVER TO GRADE ALLEN W. OYSIANIK 4' ce9e p p 618 RIDGE AVE. REVIEWED BY ZBA ®� � °T r� SHALLOW \ MINIIe• I/H• DOME .�- ' MIN.4 p PITCH IPE \ A- e fF p\ \ O�_ 20_____� i' 1- MINI -Y ,�` \ D M1M PI FTC EPHRATA, PA. 17522 �. O ��� + °\Spy MIN 4 DIA PIPE SEE DE � o Q, \ DATED 1 /��L I ssoo �p oo [-� `�' / SEPiIG TANK 'C• ^^__ , p rl+� M1�M1M O A, Q) 9n/ ' ° ' _..__--------------- \�l o <9 \ .' \ Ay" 18--- / RCA3rHOIALLrAN61VETILLY. BACKFILL NTH GLEAN MATERIAL. AREA , h LC 76 • � Q \ (/Q p W MINIMI M SEPARATION FROM \\vf' �O Cfis �QjC tq 9Fe h o 0, � � / SEASONAL w6H 6RG ro WATER O S a`�° // ^/(� `\(Q, ��j_ p - SEASONAL H16H O/ ��e GROUND WATER a TEST HOLE o� ��° so s o� js - - - ---- % F � o �e/ .w�' `'00 j2� o w°` NEY MAP McDonald Geoscience 0�, /. 00 .,� � rMt 3-15-2010 �° 12 c� 01� E \�� \ate laa_�LWy9 Vy EL=14.4 0.0SrOQ DARK BROWN otic + x'48 ° Oo 0<� �QQ O, /' / °Ctf 13.4 LOAM — OL 1.0 ® _ �' _ ro'=°%�' ` A� ��J� '!�." Q0� �6 / °�`c / swot ai SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 0 �'�O .Sp, / 20 0 Hauppauge,New York �XaQ b BROWN CLAYEY OT p N w0 SAND This is to certify that the proposed Realty Subdivision or Development SC A S 9 ,\ .6�, F$$ F p� ° O U for in the ��� \Y 2 Dt / 4 with a total of lots was 10.4 4.0 0����-` \ `` e o ;, LOCKING LOCKING 8pproVed on the above date.Water Supplies and Sewage Disposal J �, C.I. COVER C.I. COVER Facilities must conform to construction standards in effect at the time of � + 0 0 \� St / o LOCKING \ /ye ter ' Q 3 ° b TOP EL.=15.0 TOP EL.=15.0 C.I. COVER construction and are subject to separate permits t to those BROWN FINE (�°;^^�, �q� 0 q'., BUILDING w Clerk 9 [(/ � FLOOR EL-15,5+ 8BEARICNG SLAB TOP EL.=14.0 standards. � shlyll ed with tht "Co >ty the nealtY TO MEDIUM + 0, `ax. 'a (� P REC AST one yearear of U»s subdivision/development Consent rs hereby given for the Sling of this map `,\ QS Q / GRADE EL=15A + CONCRETE CHIMNEY on which thisendorscment in the Office of theCoimtyClerkin SAND — SP *�\y F„t 0 HOUSE TRAP No MIN S"PRECAST TRAFFIC accordance with ons: Public Health Law and the Suffolk 7 p ,� 4 WITH C/❑ INV=13.3 [f---1..2.00: MAX 1=13.8 too' MIN GRADE EL=14.0 BEARING SLAB County Sanitary Code. \ `/ ?O 2.00' MAX VTTOA.IVMgMP.E. HIGHEST 2.9 11.5 'Q/yq� N 272 >6, �O a 4" DIA SDR 5 PVC INV=1 INV=12,3 Et=12,8 Director, Division of Environmental Quality EXPECTED GW WATER IN BROWN oH� 7s __,e>�, , BUILDING SANITARY PIPE @ 2,00% - FINE / N TYPICAL cO N os INV 11.9 J~ TO MEDIUM 00435IPVCDR 12------- ________ SEPTIC TANK — PIPE @ C LEACHING POOLS SAND — SP 46842' 1200 GAL TYPICAL 2— 8 DIA x 6 DEEP 4®„ FHM 18.0 �S�100, � EL=7.9 M 20j'8 4-80 EL=6.2 GROUNDWATER EL=2.9 THI5 15 TO GERTIFY THAT THI5%61?IV1510N PLAT HA5 BEEN APPROVED BY THE PLANNING SANITARY SYSTEM INVERTS BOARD OF THE TOWN OF 5OUTHOLD BY RESOLUTION DATED, NTS DATE:_ ------ BY:—__— — NOTES: map bearin oa sea a eyor Iolatlon f se-t. Jia,s ani .ar3[„e nem.rarl st°ter Ed-111— "Cnly c°pees from[he arl,�nal or t„Is s vey orlylna of[„a a vey°r's st°mpease IW�nailnbe °nseiere,r r,r`e ol,d tree EX I STING SEPT I G TO BE REMOVED AS PER I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL 5Y5TEM(S) arl,,ns Indicated`er®°n sl nlfy t„at r Tl, red In a card°nce nit„[he e is[in�N-SOPP5 ,:e far Land rvrvey3 Maptetl S.G.D.H.S. STANDARDS FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A "° ' - L°""°°"°"°"°`Pr°""'°"°' and�,r�eyar= 5a,d,ertlfl°dans,„all r.n anly CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUND WATER CONDITIONS, ALLa,o M1e persan`err „�s heM1Plf to the title campony yaverrmen- II [al agency—d lendln�in5rlru11—11-1 hereon,anq LOTS,AS PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH 5ER/IGES I HEREBY CERTIFY THAT THI5 MAP WAS MADE BY US FROM ACTUAL SURVEYS a t„e°....ne°sof a Iendln9 lnsr t"t,n ertlflca- GOMPLETED FEBRUARY 20,2008 t THAT ALL GONG O TS SHOWN THUS: ^ TOTAL AREA = 7cf,5 7�1 S.F. OR 1.826cf ACRES CON5TRUGTION STANDARDS IN EFFECT AS OF THI5 DATE. HEREON ACTUALLY EX15T AND THEIR POSITIONS GO G� AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE G RE r Off, \1 JOHN C. EHLERS LAND SURVEYOR PROPOSED LOT I = 52,cf-74 S.F. OR 0.-75-70 ACRES /� o�' � Revisions: 13, .P, GRAPHIC SCALE I"- 40' .; !'� 06-07-2012 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 PROPOSED LOT 2 = 46,605 S.F. OR 1.06cf cf AGRES - ', .,,: 06-10-2015 12-08-2016 WERHEAD, N.Y. 11901 369-8288 Fax 369-8287 R PROPOSED BEARINGS AND DISTANCES SHOWN IN THIS FONT _ tF,tio , SEPTIC DESIGN MICHAEL D. MAPES N.Y.S.P.E. 0 40 80 120 JOHN G.�ER5 N.Y.P.L.5. LIG # 50202 REF— p PC:\Users\John\Dro box\05\05\05-299 Updated 12-08-2016. ro LIG. # 0501 GMYJM LM•.IOMI GYYN.VOFMAvpboMOJ`OlO6]41 l}rAo1M I]ObMIEp,'e ' MAILING ADDRESS: 1J� M �P�pLANNING BOARD MEBERS ®F S®U� P.O.Box 1179 ►rifll�W DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex V PIERCE RAFFERTY ® �� 54375 State Route 25 JAMES H.RICH III ®l� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR c®UNT`I,� Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD ) RECEIVED a 2016 MEMORANDUM DEC �All ZONING BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board &10& - Date: December 28, 2016 Re: Request for Comments for Ovsianik Located at 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 ZBA#7017 The Planning Board thanks you for the opportunity to provide comments regarding the application referenced above. We recommend that alternative relief be provided for this application as shown on the enclosed map entitled Ovsianik Proposed Lot Line Change with Zoning Districts. The Planning Board is proposing that the new eastern lot line be 70' away from the adjacent property, instead of the 50' currently proposed. The reason for the additional 20' is to provide a more substantial buffer to the residential property to the east. The commercial use of this property could likely expand if they are successful in pursuing a zone change, and the house next door is located only 20 feet from the property line (see map entitled Ovsianik lot line modification & current zoning over aerial). In addition to providing a more substantial buffer to the adjacent residence, the alternative plan will provide enough room to add parking and related buffers and landscaping requirements if the owner applies for that in the future. The parking area depicted on the plans, however, is theoretical. This parking area is not under review at this time, and was provided only as an example to demonstrate that the new lot line would encompass enough area to provide for future parking. Please consider a condition that any new parking area must first receive the necessary review and Southold Town Planning Boai�,v Page 2 _11,-cember 28, 2016 approvals, including ZBA approval to use residentially-zoned land for commercial parking (Town code 280-78 1), and Planning Board Site Plan approval. Finally, the plan contains a notation that the new parcel (97-2-'15) is proposed for a zone change, however this zone change is not in effect at this time. The new lot created as a result of this variance application and the Planning Board's Lot Line Modification application will be split-zoned B and R-80 (see attached map). Please feel free to call this office with any questions. Cc: Bill Duffy, Town Attorney RECEIVED DEC 2 0 2016 ZONING BOARD OFAPPEALS Ovsianik Proposed Lot L ^nQ Change with Zoning Di icts Existing lots N 97-2-16.5 1.5 ac. 67,000 sf -70 l l R-80 Zone RECEN DEC 2 201 wryy R-80 ZONING BOAR OF AP EALS of 97-2-15 0.3 ac. Eugenes Rd 14,000 sf B Zone Proposed lot lines & proposed change from Planning Board N AC R- 97-2-16.5 0.9+/- ac. 37,000+/- sf R-80 Zone tih �o w� Planning Boar proposed alte nate relief 70' from adja nt property lin �—► Lot line propos d in application 50' 50' from adjac t property line New 97-2-15 B & R-80 Zone ugenes Rd 30,000 +/- sf Ovsianik lot line modification & current zoning over aerial . Current 97-2-16.5 1.5 ac. ��. 00 67,000 sf ' . � •fir _ �- v-� 2-15 IAMW n 0.3 ac. lip ' a 4 14,000 sf i CO z 0 8u , Potential Wetlands O New lot lines black and white line = proposed by applicant blue dotted line = alternative relief proposed by Planning Board ,� .` '�%,--jUNTY OF SUFFOLK �— DEC , 1a 9 16 Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Commissioner and Environment December 15, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Ovsianik,Allen #7017 Goodheart, Bruce &Leona #7019 Paparo, Ari #7020 McDowell, Susannah #7021 Leutwyler,Albert #7022 Very truly yours, - Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191 l FORM NO. 3 TOWN OF SOUTHOLD Zc- '' J - BUILDING DEPARTMENT DEC an SOUTHOLD, N.Y. ` D . . NOTICE OF DISAPPROVAL DATE: August 30, 2016 RENEWED: November 21, 2016 AMENDED:December 22, 2016 TO: William C. Goggins (Ovsianik) Po Box 65 Mattituck,NY 11952 Please take notice that your application dated June 9, 2016 For a permit for a lot line change at Location of property 32930 Route 25 &225 Eugene's Road, Cutcho u County Tax Map No. 1000 - Section 97 Block 2 Lot 15 & 16.5 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-14,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C. R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedulerll incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District, according to the bulk schedule, is 80,000 square feet. As a result of the proposed lot line change, SCTM#97.-2-16.5, a non-conforming 1.5 acre lot will become more nonconforming at 1.0699 acres. Furthermore, SCTM#97.-2-15, will become split-zoned(R-80B), as a result of the lot line change, and will be a non-conforming;32,974 square foot parcel,not permitted in the R-80 Zone. The proposed lot line change will also require approval from the Southold Town Planning Board. This Notice of Disapproval was amended on December 22 2016/6 address the need for a second variance. Note to Applicant: Any change or deviation to the above re renced application ma require additional review from the Southold Town Building Depa ment Authorized Signature FORM NO. 3 \� %��© RECEIVE® TOWN'OF SOUTHOLD '/r' Nov 2 1 2M BUILDING DEPARTMENT SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: August 30, 2016 RENEWED: November 21, 2016 TO: William C. Goggins (Ovsianik) Po Box 65 Mattituck, NY 11952 RECEIVED Please take notice that your application dated June 9, 2016 NOV3 ZONING 13 , 2016 For a permit for a lot line change at OARD OF APPEALS Location of property 32930 Route 25 &225 Eugene's Road,Cutchogue, NY County Tax Map No. 1000 - Section 97 Block 2 Lot 15 & 16.5 Is returned herewith and disapproved on the following grounds: The proposed lot line change is,not permitted pursuant to Article III Section 280-14, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the T Bulk Schedule and Parking Scheduler 11 incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District, according to the bulk schedule, is 80,000 square feet. As a result of the-proposed lot line change, SCTM# 97.-2-16.5, a non-conforming 1.5 acre lot will become more nonconforming at 1.0699 acres. The proposed lot line change will also require approval from the Southold Town Planning Board. Note to Applicant: Any change or deviation to the above refere a 'cation ma additional review from the Southold Town Building Departm t. ------ ------------- -------- --- Authorized Signature vq i Fee $ - Filed By Assignment No APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS/ REGEIUVEIa AREA VARIANCE NOV 2 D 2016 House No.32930 Street Route 25 Hamlet Cutchogue SCTM 1000 Section 97 Block 2 Lot(s) 15,16.5 Lot Size ZoneZONING BOARD 01 APPEALS I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 8/30/16 BASED ON SURVEY/SITE PLAN DATED 5/13/16 Owner(s): Allen Ovsianik Mailing Address: /n William C. Goggins, P.O. Box 65. Mattituck, New York 11952 Telephone: 631-298-4818 Fax: 631-298-4214 Email: gogginslaw @ gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: William C. Goggins for(x)Owner( )Other: `Address:_P,O. Box 65, 13235 Main Road, Mattituck, New York 11952 Telephone:631-298-4818 Fax:631-298-4214 Email:_ gogginslaw@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )-Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATEDAugust 30,2016and DENIED AN APPLICATION DATEDJune 9, 2016FOR: ( )Building Permit ()'Certificate of Occupancy O Pre-Certificate of Occupancy, ( )Change of Use O Permit for As-Built Construction Other: lot line change Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section *see, below ( )Reversal or Other A prior appeal( )has, ()f)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s).' Please be sure to research before completing this question or call our office for assistance) Name of Owner ZBA File# Brewington 4674 Ovsianik #1686 Ovsianik x/3048 Ovsianik /3049 Kennedy ;'3133 Lot 16.5 Ovsianik ;x64196 r � REASONS FOR APPEAL (Please he specific, additional sheets may he used with preparer's signature notarized). 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: ' lot line change consistant with the present permitted use. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: location of exsisting buildings and use. 3.The amount of relief requested is not substantial because: The present uses will not change, only the 1qt line to make the properties consistant with their respective uses. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: nothing will change, but the lot line 5.Has the alleged difficulty been self-created? { }Yes,or x)No Why: The town issued a certificat of occupancy for a commercial building and is substantly located on residential land Are there any Covenants or Restrictions concerning this land? k}No { I Yes(please furnish a copy) I This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community 1 Signature of Applicant or Alorized Agent (Agent must subrrut wntten Autho anon from Owner) Sworn to before me this I eday of NovPmbPr .26-- _ yov �6w zQi6 NdXry Pubhc % Opp l'�5 xoNxNG�pP�ca DONNA M. PALMER (Votary Public,State of New York No. 01 FA5060,070, Suffolk Count Commission Expires December 9 RECEIVED APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALB APPLICANT• Allen Ovsianik DATE PREPARED: November 16, 2016 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A Il.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,1 please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and.Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: None VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat, Dry Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE �� FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? Yes X No NOV 2016 B. Are there any proposals to change or alter land contours? ZONING BOARD 01 APPEALS X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdictiin? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nn E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of,occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?�_If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel commercial tire store, retail, residential and the proposed use same (ex: existing single family,proposed: same with4rage, orother) Authorized signat6 r nd Date I i RECEIVED L v � AGRICU TURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. L Name of Applicant: Allen Ovsianik 2. Address of Applicant: r-lo William r Goggins, F n Boy.65,,—Ma-t-tiek4!1 York 11952 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 13235 Main Road, Matti tuck, New York 11952 5. Description of Proposed Project: lot line change 6. Location of Property: (road and Tax map number) 1000-097.00-02.00-015.000 and 016.005 7. Is the parcel within 500 feet of a farm operation? { } Yes {g}No 8. Is this parcel actively farmed? { } Yes {X} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1 KW 1000-097.00-01.00-001.000; Leonard Dank et al, 800 Cox Lane R. Cutchogue, New York 3. 4. I 5. 6. (Please usthe back of this age if there are additional property owners) I " -, r�-� N Signature V Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. ECEIVED 617.20 I\10V 2 2 2016 Appendix B Short Environmental Assessment Form ZONINIG BOARD OFAPPf--A S Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Ovsianik Project Location(describe,and attach a location map): corner of 32930 Route 25 and Eugene's Road, Cutchogue, New York 11935 Brief Description of Proposed Action: Lot line change Name of Applicant or Sponsor: Telephone: Allen Ovsianik E-Mail: Address: c/o P.O. Box 65 City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town Board, Planning Board X 3.a.Total acreage of the site of the proposed action? 1.8269 acres b.Total acreage to be physically disturbed? 0.00 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? Yes and No b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? _X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: KtUtIVED X 11.Will the proposed action connect to existing wastewater utilities? 1\10V 2 2 2016 NO YES If No,describe method for providing wastewater treatment: X ZONING r S 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 Y 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE e Applicant/sponsor a e 9.P'G Date: 4-`6 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the propchsLE-aft g ?" ^V 2d f 6 No,or Moderate small to large ZONING BpARp impact impact OF-APPEALS may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 r` No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED NOV 2 2 ?016 ZONING BOARD OF APPEALS 1 ` ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 J._ APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME• Allen Ovsianik �,� (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a�'`7111-7 7/1/-7 company.If so,indicate the other person's or company's name.) UVJ, / TYPE OF APPLICATION:(Check all that apply) RECE%VEL? Tax grievance Building Permit Variance X Trustee Permit NOV 2 2 2010 Change of Zone Coastal Erosion Approval of Plat Mooring ZONING BOARD OF App,:;,,. S Other(activity) Planning - Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by bloo ,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officertr employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold J Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate ent)ty(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thi 16th day ofNtiyembez,2016 Signature (AJ- Print Name ALLEN OVSIANIK AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: William C. Goggins (Last name,bit name,middle initial,unless you are applying in the name of someone else or other entity,such as a I company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit Variance X Trustee Permit NOV 2 2 2016 Change of Zone Coastal Erosion Approval of Plat Mooring ZONING BOARD Other(activity) Planning OF APPEALS Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate'entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 Fi,6 Signature PrintName— WILLIAM Q. GOGGINS Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to. its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form,is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. d�l 01-7 B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVED SCTM# 97 - 2 - 15 and 16.5 NOV 2, 2 2016 The Application has been submitted to(check)appropriate response): ZONING BOARD OF APPEALS Town Board © Planning Dept. ® Building Dept. © Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Lot line change Change of zone v � r Location of action: 32930 Route 25; 225 Eugene's Road, Cutchogue, New York Site acreage: 1.8269 acres Presentlanduse: Office space, auto repair, storage and retail Present zoning classification: Business; R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Allen Ovsianik (b) Mailingaddress: c/o William C. Goggins, P.O. Box 65, 13235 Main Road, Mattituck, New Yorkl 11952 (c) Telephone number:Area Code( ) 631-298-4818 (d) Application number, if any: None Will the action be directly undertaken,require funding,or approval by a state o o 8g ? Yes ❑ No® If yes,which state or federal agency? NOV 29 2T;:el 0'1 ZONING BOARD OF APPALS DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Non waterfront Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria 11 Yes 11 No ® Not Applicable - 1 1 Board of Zoning Anneals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Allen Ovsianik residing at 8490 Soundview Avenue, (Print property owner's name) (Mailing Address) Southold, Ne,w York 1187 klo hereby authorize William C. Goggins (Agent) to apply for variance(s)on my behalf from the Southold Zoning oBoard f Appeals. -3V pp REGEIVEp "V 2 2 20 fG ZONING 80ARo OFAPPEALS (Owner's Signature) ALLEN OVSIANIK (Print Owner's Name) FORM NO.4 0�1 1-7 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector NOV 2 6 2016 Town Hall Southold,N.Y. ZONIMG BOARD OF APPEALS Certificate Of Occupancy No. .W-157. . . . . . . . Date .. . .. AAV9.t„ 4. .. . . . . . . . . . .. . .. 19 U THIS CERTIFIES that the building . . . . .. . . .. . . . . . . .. . . . . .. . . . . .. ... . . . . . 15 lugerie' Roam sue Location of Property 1YA 0 . . �.. . .Main �aSir'Qai . . . .. . . . . . Cutch1. . 'I Harmer County Tax Map No. 1000 Section 497. . . . .Block . . 02 . . .. . . .Lot .., 015,. ._. . .. Subdivision. , X . .. . . . . . . . . . . . . . . . . . . . ..Filed Map No, X. . . . ...Lot No. .X, . ... . .. . . . Requirements for a two—bar garage built ppior to conforms substantially to the Applieelios�-farrrilrlg-Per�rri�hetrrcl�ftyre'fvd"hti'tM '1S1Y3��'d8ttetl Certificate of Occupancy . .Wp ; ;,23, , , ,,,, . , 19 5 7.pursuant to which DttiWing-Pe�No. ..411,15 7. .... . ,. ... dated . . , Auua t, G . , , , , . . , , , . , 1982, ,was issued,and confornis to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . , . . . . .. . $. twowba$, arae, bu�xdinr . , , . . .. . . . . .. .. .. ... . . . .. . . . . . ... d , The certificate is issued to Ranald .A., McCallum .. . . . . ,, „,_ , _ . (owner,lorritnunN of the aforesaid building. Suffolk County Department of Health Approval .. . nfir. . . . . . . . . . . . . . . ... . .. . .... . ... ... . UNDERWRITERS CERTIFICATE NO. . . . . . . . . .. n/r. . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . .. . Building Inspector Rw.1181 EO/TO 39dd S-1d3ddVA0GE9NIN0Z b90699LTE9 bO:bT 9TOZ/51/90 FORK!NO.4 Town OF SOUTHOL.D � d BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold,N.Y. NOV 2 2 ?016 . ZONING BOARD OF APPEALS Certificate Of Occupancy No. .. . .G 14 .52. . Date . . . .. . . . .. . . MaY, 30, .. . . . . . . . . 198.6 . THIS CERTIFIES that thebuilding . . . . . .add,ii;ion . .. . . ... . . . . , . . . . . . Location ofPro petty , .3��. . . . . . . , , �.�� ; 11c1:. . .. . . . . .O?�Chogpq . HouseJV �Straar 1 Ham%eC County Talc Map No. 1000 Section . .. . . . AZ. . .Block . .. . . ., 2 . . . . .Lot . . . . . . 7 5, , . . . . . , . Subdivision .. . , . . . , x . . . . . . . . . . . . . . . .Filed Map No. . . . , . X . , . . . . conforms substantially to the Application for ,Building permit heretofore filed in this office elated ..Sep t�?In b q r, P-A , ,, , 19 AZ pursuant to which Building permit No. . . . . 1 A 0 2 9�. . . . . . . . . . dated .. ,. . . . , . . . , , , . , . 19 . $8,was issued, and conforms to all of the requiretnonts of the applicable provisions of the law.The occupancy for which this certificate is issued ig AfIA!,taoA .t9. ALIt9Ao,bz��, ,�grvic�, �St�tiot� ,buiAdxnF.•.� . . . ._ , . . . . . The certificate is issued to . , . . , . . . . AL1+F}�i W 7. OV31AN ZK . .. . . .. . . . . . . of the aforesaid building. Suffolk County Department of FIealth Approval .. . . . . . . . . . . . -41141 , . , , , .. . , , . UNDERWR-IT P,RS CBRTIRCATE NO. . . . . . . . . . . . . . . . . 1 ,6,2�5 4. . , , , . .. . , . . . . . . . . . . r Building Inspector Fiev.1181 „ i E©/Z8 3Jdd S-1d3dddd0G99NIN0Z b90699LTE9 b9:bT 9TaZ/5T/90 . Y FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector D Town Hall Southold, N.Y. RECEIVED Certificate Of Occupancy NOV 2 2 2016 ZONING BOARD OF APPEALS . . . . . . . Date ,7u1 6, ]988 . . . . TfUS CFRTIlE ES that the building ,ACG S S UIZY , 32930 Main Rd. & . Locatlonofl'roperty ]5 Eugenes Road I, cu.tchogue, N.Y . Flncisa No. .. .Si; • • • • .. .• •. . . . .Flamldr County Tax Map No. 1000 Section . . _97 .. . . ., ..B1ack . . .2. , . . . . . .. . .Lot . . . 15. , . , . . . . . . . Subdivision . .. .. . . . . . . . . .. . . . . . . ..Filed Map No. . , .. . . . .Lot No. . .. . . . . . , . oonforins substantially to the Application for 13u11ding Permit heretofore filed in this office dated January 29 , 1988 16740 Z . . . • . . . pursuant to which Building Permit No. . . . . . . . . . . . .. . . . . . . . dated February. . , . ?; .1988 8 , ,. . , , was issued,and conforms to all of the requirements of the applicable provisions of the Iaw. The occupancy for wWc h this certificate is issued is . . . . . . . . . ACCESSORY BUILDING TO MAIN BY ILDINO ,AS APYI;IED FOR . . . .. . .. . . . . .. . . . . . . . . .. . . . . . .. .. . . . . . . , . . . . . . . . , . . . , . . . . .. . . . . . . . . The certificate is issued to . . . . . . . . . AL .EN W. OVSIANIR lovrrioi, �ok A . . . . of the aforesaid building. Suffolk County Deipartment of health Approvaf NIA : , . . . . . . . , .. . . . , . . .. . . UNDP.RWRITE;RSCER'T`iF1CATENO.PPADT.VG ._ June 2I .3, . 1988 . . . . . . . . . .. . . . . . . . . . . PLUMBERS CERTIPZC11'1;XON DATED: NIA .. . . . .. . . . . . . . . BUilditIg Inspector Rov.1181 60/60 39dd S-1d3ddd30GE9NIN0Z b90699LTE9, bO:bZ 9102/9l/90 TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION 1,10, DATE 1964 TO THE ZONI'No BOARD OF APPEALS, SOUTHOLD, N. Y. I, (we) James..Brewington of .............PX.hox 733.......1!�Rao.......................... Nana Stpeet and Number C'utchozue................ ... . ............. ....... .......... ............... . ....... Municipality State hereby apply to THE ZONING BOAftD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE IV SECTION 1+00 SUBSECTION 9 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE : I wish to sell used cars in connection with my service station located at South side of main road) east side of Eugene road, Cutch6gue. This service station has been in this location for many yearst and from time to time changed managment and operatiors) the station had been closed for some time before I took it over, We offer the usual services found in gasoline stations and have recently obtained A licence to sell cars from the -state of New York., I am making the request as required under the zoning ordinance Article IV, section 1+00 subsection 9 as ammendedg there is sufficient area on our lot to provide sapce for the few cars we may have at one time. p,FCFj\JED NOV 2 2016 ZONING BOARD 0 APPEALS STATE -OF NEW YORK SS ..'....................... COUNTY OF Suffolk) Signature Sworn to this day of ............... Notary gilc FORM ZB2 r TOWN OF SOUTHOLD, NEW YORK DATE 1972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1686 Dated October 16, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Allen W. Ovsianik and Roland W. Bollman Appellant Little Neck Road Beebe Drive Cutchogue, N. Y. Cutchogue, N. Y. at a meeting of the Zoning Board of Appeals on November 2, 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance7due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance = 1. SPECIAL EXCEPTION. $y resolution of the Board it was.-determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9115 F.M. (B-3-T. ), upon application of Allen W. Oveianik, Little Neck Road, Cutchogue, New York, and Roland W. Bollman, Beebe Drive, Cutchogue, New York, for a special exception in accordance with the Zoning. Ordinance, • Article VTI, Section 700, Subsection B-4, for permission to operate a used car lot. Location of propertys southeast corner of Eugenels Road and Main Road, Cutchogue, New York, bounded north bar Main Road (Route 25) ; east by P. Abatelli; south by M. Filla; west by Eugene 's Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that .ecelve} (a) Strict application of the,Ordinance (would) (would not) produce practical difficulties or�oulfecessary hardship because Nov SSE REVERSE ONXNO 50p'?-'D OP pPPER�5 Z (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SSB REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SHE RrrMV and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVIME A ZONING BOARD OF APPEALS FORM ZB4 rjorie' McDermott, Secretary �; Ap Southold Town Board of Appeals After investigatiori and inspection the Board finds that applicant requests permission to operate a used car lot on promises located on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York. The Board finds that according to the Ordinance there is a bulk requirement under "B-l" Business of 30,000 square feet and the area of the property under consideration is approximately 25,000 square feet. Also, according to the Ordinance there shall be no used car lots located within 300 feet of any residence district. The Board finds that this would, in eftact, be thecreation of two businesses on one under-sized plot (service station and used car lot), and would constitute unwarranted proliferation-of strip zoning. The Board finds that the public convenience and welfare and justice will not be served and the legally established or .permit.ted use or neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the. Ordinance will, not be observed. THEREFORE IT WAS RESOLVED Allen W. Ovaianik, Little Neck Road, Cutchogue, New York, and Roland W. Bollman, Beebe Drive, Cutchogue, New York, be denied permission to operate a used car lot on the southeast corner of Eugene's Road and Main Road, Cutchogue, New York, for the reasons stated. Vote of the Board: {yes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. �oP�D Of PPpP x. 31 �. . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALRECEIVED AND FILED B` App e a 1 No.- 3048 i�v-7 0/-7 THE SOUTHOLD TOWN CLERK Application Dated October 12 , 1982 ixecelvfD ' DATE TO: Mr. Allen Ovsianik Box 485, Main Road 'Cutchogue, NY 11935 , of AppEA►-S Town Clerk, Town of Southold 70%1,1G BOARD At a Meeting of the Zoning Board of Appeals held on November 18, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article VII Sections 100-70 (B) [4] and 100-71 [ ] Request for The public hearing on this application was also held on November 18 , 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 (B) [4] and 100-71 for permission to , construct addition to existing gas/service station with reduction in frontyard area in thi"s B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. , The board made the following findings and determination: By this application, appellant seeks permission to construct a 16 ' by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The 'setback of the new addition at its nearest point with Eugene' s Road is 15 feet (southwest corner) . The "existing service station building is setback at its northwest corner from Eugene' s Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in-which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3048 , application by ALLEN OVSIANIX for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : (Continued on Page Two) DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3048 Application of ALLEN OVSIANIK Decision Rendered November 18, 1982 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas (and in no event forward of the building into the frontyard) ; 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97--2-15. Vote of the Board: Ayes: Messrs . Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. APPROVO 12 Chairman Board of APO* L 1'ECEWED Nn 2 � Z016 ZONING BOARD OF APPEALS 1 L Southold Town Poard�, of Appeals 0� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 RECEIVED AND FILED BY ACTION OF THE ZONING BOARD OF AIPFaU Appeal No. 3049 SOUMOLD TOWN CIYRK Application Dated October 12, 1982 t7 DATE /��iK�- HOUR 30X11( TO: r 11� Mr. Allen Ovsianik e Box 485, Main Road s 2016 U Cutchogue, NY- 11935 o �PpEP Town•Clerk. Town of South O old _. At a Meeting of the Zoning Board of Appeals held on November 18 , 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law,, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VII , Sections 100-71 (B) [4] and 100-71 [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on this application was also held on November 18 , 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70 (B) [4 and 100-71 for permission to construct addition to existing gas/service sta- tion with reduction in frontyard area in -this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. The board made the following findings and determination: By this application, appellant seeks permission to construct a 161, by 42 ' addition (exclusive of 2' concrete apron along west side 'of' addition) for use as a shop area for the existing service station. The setback ofthe new addition at its nearest point with Eugene's Road is 15 feet (southwest corner) . The existing service station building is set back at its northwest corner from Eugene' s Road at 19.34 feet as indicated on site plan revised 10/2%82 submitted with this application. The premises is question contains an area of approximately 1,4 ,500 square feet, with frontage along Eugene' s Road of 129 feet and along the Main Road of 136 feet. in considering this appeal, the board determines that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to :be located, or of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allow- ing the- variance conditionally ,as noted below. On motion by Mr. Sawicki , seconded by 'Mr. Doyen, it was RESOLVED, that the relief requested in Appeal No. 3049, application by ALLEN OVSIANIK for permission to construct addition with reduced (CONTINUED ON PAGE TWO) DATED: December 13, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev., 12/81) l Page 2 - Appeal No. 3049 Matter of ALLEN OVSIANIK Decision Rendered November 18, 1982 frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. That the present use (service station functions) be continued for this new addition; 2. That- at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas (and in no event forward of the building into the frontyard) ; 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be- provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the' Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6 . That this variance is subject to Southold Town Planning ,Board approval and requirements, if any. •.Location, of.,Property: S.R. 25, and•,Eugene Road, Cutchogue, NY; County, Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. ; a l� APPRo .L 16 -� OA�D O� PPp�p�S aa1s ZONING� y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3133 Application Dated May 17, 1983 (Public Hearinn. eld 7/28/83) RECEi�E T0: Mr. Thomas Kennedy [Appellant(s) ] 120 Log Road �fVUv 2 Z��6 Patchogue, NY 11772 ._ xO1VING pOAitD OF APPEALS At a Meeting of the Zoning Board of Appeals held on August 11, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York-Town Law, Section 280-a [ ] Request for Special Exception under the •Zoning"Ordinance Article , Section [X� Request for Variance to the Zoning Ordinance Article III , Section 100-30 (A) [ ] -Request for The public hearing on- this matter was held on July 28, 1983, at which time the hearing was declared closed pending deliberations. Upon application of THOMAS KENNEDY, 120 Log Road, Patchogue, NY 11772, fora Variance to the- Zoning Ordinance, Article III, Section" -� 100-30 (A) for permission to use property for business purposes, to wit: Video Tape Rental.and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; • Filla Minor Subdivision Map 72, Lot.1;. 'County Tax, Map Parcel No. 1000-097-02-016.5. The board made the fallowing findings and determination: By this appeal, appellant seeks a variance ,to the provisions of Article IIS, Section 100-30 (A) of the Zoning Code to permit the use of property located in the "A-Residential and Agricultural" Zone for the purposes of retail sales and rental of video tapes and equipment. The members of this board have personally visited the site and are familiar with the property as well .as the surrounding neighborhood. The property in question is shown on the Suffolk County Tax Map as District 1000, Section 9.7, Black 02, Lot 016. 5, and is more particular- ly known as Lot #1 of Minor Subdivision of .Filla, Map #72. It comprises 65,610 square feet in area and is "L"-shaped, with 131. 22 frontage along Main (S.R. 25) Road and 193._44 feet along Eugene' s Road. The premises is surrounded on the north, southwest, south and east by parcels also zoned "A-Residential and Agricultural" ; and at the upper northwest corner of the premises are two parcels zoned "B-1 General Business. " Across the-Main Road• northwesterly• of the subject parcel are parcels zoned "B-1 General Business" and directly across the Main Road opposite the -subject parcel are parcels zoned "A-Residential and ,Agricultural." For the record, it is noted that the parcel in question and parcels to the south and east are not -improved. Since this is a use variance, before this board may grant the same, it must be demonstrated that: (1) the land in question • cannot yield a reasonable return if used only for the purpose of the zone- in which it is located; - (2) that the plight of the owner is due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness, of the zoning ordinance itself; and (3) that the use to be authorized will not alter the essential character of the neighborhood. In prder for "Appellant ito sustain his burden -to prove the lack of re4sonable return, he must demonstrate this lack of reasonable return by dollars and DATED: August 22, 1983 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) Page 2 Appeal No. 3133 Matter of THOMAS KENNEDY Decision Rendered August 11, 1983 cents proof. No such proof has been presented in this Case, and accordingly, the board must deny the variance applied for. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3133, application of THOMAS KENNEDY, be and hereby is DENIED. Location of Property: 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; Filla Minor Subdivision Map #72, Lot #1; County Tax Map Parcel No. 1000-097-02-016. 5. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis; Douglass and Sawicki. (Member Doyen . was absent. ) This resolution was unanimously adopted. lir-- GERARD P. GOEHRINGER, CHAIRMAN August 22, 1983 (7 RECEIVED AND FILED BY �ECEYVEq THE SOU TIOLD TOWN CLERK NAV � �a 'tp16 DATEor f�3�e3 HOU ZONYNG BOARD OF APPEALS ap- Town Clerk, Town of S thole. �i r y a (� V_ orv' /bl� i I I, Y RECEIVED NOV X016 70��1I�`G BOARD OF APPEALS qs► e 17 4 ju — o , ^.Yr t i 7 '4 t . f z .r _ 9 , w... .L CK - � � � ':y ;:CARD TOS OWNER STREET ZG� VILLAGE DISTRICT SUB. LOT vutAeA (2,tl, rFORM ER OWNER ; N E _ ACREAGE At S W t TYPE OF BUILDING 8r L. _- RES. �1' ,. SEAS. VL. FARM OMM. ' I� IND. I CB. f—MI—sc. 1 )LAND IMP. TOTAL DATEREMARKS . Gad J'DD G,/�vt u � #AM we i, e e .e e t`' ` D U 3 t� °.7 �1 ru /r�a`0 J 71 �) a//// r $ &,7-10 2— cons . a&- or rc- �'. , /j -,E'C ""yo 0 0 C ND -I-r51 ✓ / Tqg /h(,/g NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre alueC Tillable 2 > 1 Tillable 3 --7,47-6--10�L41Vt -77 Wcodland Swampland ...,. Brushland House PSe' t - ------ Tcto i $ ' moi'-i:,^+;+t,�r: = ��'=' ... '-:,', 2•t.*` i<,'.."a,'ie`rt. ,:�+1 �." �, -- ?inn,• ^rt�.•e. '; .•=.;,'','�le:�vtLL?s.:=';.' 'i �� f ,.. r e ( ., Biu=, �„�• ,3,-•Gki! '3.'L1��tiya.AM_ may. �r- w� (..:h.`�?:�y4!,t..{��!" y"tom. Q;cN1T.—,y f � ,',c`a:. ,. t 1 s (?;:••�v��.,;7:4`r q'anion 57,�.'_.Y�' '`5:,�kz tis ..���, ,:.C'�``� .e.`::";•Fn`.t+�'"•fw.�rAv .. '.�:..^'�,�;fi:'k..zi» !! � .�,11111111�,,11 1111• ~ �`:.an*��'� v 'Y t, • f ,A. Bldg. I / �, �-� �U p / Foundation Bath Z :xtension �¢ 7 mZ 1 i' Basement , Floors G,,V e— �n '�`� CPS, � Ext. Walls Interior Finish 7x j g y. ?!� :xtension Fire Place Heat /9�� ✓r� G p J �� Porch Attic % I--,A 7)n Porch Rooms 1st Floor 3reezeway Patio , Rooms-2nd Floor RECEIVED 3arage Driveway - NO 2 2 2016 �. B. 0 ZONING B ARD OF APPEALS V 70 " h r/ j / l,,./ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT \ . , cqs 1 A KJ 1 0c o C b ago q`UE- q Esc FOttRMER OWNER N E ACR. (I l.r a41 i^ 4 IL 1 lr= / 1, ( t r ,�- =, /.�5'7 { S _ W TYPE OF BUILDING i , / /Zv i _ U GL 1vL- s96A y S .� /'/pew /-"v SEAS. VL. -FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 191.1.0R7io m w7 /voce /7s lO10,C#4,5 =.D CSYL,r j-,,o. I.� G 772y o 7J- 12- 1 LAa oar ," �1'IIJl jr ��cE1v�D ivU V 2 2016 ZONING BOARD - /PJA hl rilloble FRONTAGE ON /3/ Yoodland FRONTAGE ON ROAD X00 C Aeadowkmid eEPT-H- It 6S 4r7f, yah louse Piot BULKHEAD a 'ota I Fuentes, Kim From: Fuentes, Kim Sent: Thursday, December 29, 2016 11:05 AM To: 'gogginslaw@gmail.com' Ito 4 Cc: Sakarellos, Elizabeth; 'jesurvey@optonline.net' ` Subject: ZBA#7017 Ovsianik Hi Bill, The Planning Department had forwarded to us an updated survey dated 12/8/2016 showing added dimensions and distances within the proposed subdivision. We wish to request that 6 copies be provided to the Zoning Board before the scheduled hearing. Thank you for your assistance to this matter. Also, please contact us regarding proof of mailing and posting. Kim E.Fuentes ' Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809,Ex. 5011 E-mail.kimf@southoldtownny.gov i Fuentes, Kim From: Fuentes, Kim Sent: Thursday, December 22, 2016 9:45 AM To: 'gogginslaw@gmail.com' Subject: #7017 Ovsianik Attachments: 20161222092812.pdf, 20161222093850.pdf Mr. Goggins, Please see attached amended notice of disapproval. Further review determined that both lots resulting from subject lot line change will require area variances. I also attached the amended Legal Notice. Please contact me at 631-765-1809 for additional information. Thank you for your attention to this matter. Kim E, Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold,NY 11971 631-765-1809, Ex 5011 E-mail:kimf@southoldtownnv aov i i WILLIAM C. GOGGINS / 7 ATTORNEYAND COUNSELORATLAWRECEIVED 0 13235 Main Road,P.O. Box 65 NOV 2016 Mattituck,New York 11952 Phone (631) 2984818 ZONING BOARD OF APPEALS Fax: (631) 298-4214 go gginslaw@ gmail.c om WILLIAM C.GOGGINS Attorney at Law ANTHONY H.PALUMBO November 17, 2016 Of Counsel DONALD MATES Southold Town Zoning Board of Appeals Of Counsel 53 095 Main Road DONNA M.PALMER Southold, New York 11971 Paralegal Re: Ovsianik; 32930 Route 25 and 225 Eugene's Road, Cutchogue; SCTM No. 1000-097.00-02.00-015.000 and 016.005 Dear Sir/Madam: Enclosed please find original and seven sets of the following: 1. Notice of Disapproval; 2. Variance application, Applicant's Project Description; 3. Transactional Disclosure Form; 4. Owner and Agent, Transactional Disclosure form; 5. ZBA questionnaire; 6. Photos of property; I 7. Short Environmental Assessment; 8. Current Site Plan and Building Plan; 9. LWRP form; 10. AG Data form; 11. Assessors card; 12. Prior Certificates of Occupancy; 13. Owner Authorization; and 14. A check as and for the filing fee. If you have any questions, please do not hesitate to contact the undersigned. Ve '�tu yol s, William C. 0 s WCG\dmp enclosures ELIZABETH A.NEVILLE,MMC �.Z. G� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 co Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® .Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®F( www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: November 23, 2016 RE: Zoning Appeal No. 7017 Transmitted herewith is Zoning Appeals No. 7017 for Allen Ovsianik-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificates of Occupancy, Application for Special Exception, Actions of the Zoning Board of Appeals, Photos, Property Record Cards, Cover Letter to the Application from William Goggins, and Survey. F� 7 � * * * RECEIPT * * * Date: 11/22/16 Receipt#: 214537 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7017 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#2679 $500.00 Ovsianik, Allen Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Ovsianik, Allen 32930 Route 25 Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID:7017 OA 5� 33 Dogwood Lane V Ellington,CT 06029 'DECEIVED H860-872-0373 JAN 0 2W7 Jhallen46@sbcglobal.net ZONING BOAR®OF APPEALS December 29,2016 Ms. Leslie Kanes Wiseman, Chairperson Zoning Board of Appeals Town O SOU010id PO Box 1179 Southold,NY 11971-0959 Subject:Allen Ovsianik#7017,Hearing Date January 5, 2017 Dear Ms. Wiseman: On am writing on behalf of my mother Lois Allen who holds a life estate at 32902 Main Rd. as well as myself who hold the deed for the same property. While we do not wish to oppose a business owner from utilizing owned property to sustain or expand a business, we must object to the west-to split the pwperty i two gels. Dur objection is based on the request to have the new parcel just slightly over half the required size of a commercial lot thereby setting a precedent that works against the zoning laws of the Town. Sincerely, Jonathan H. Alien l MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 r DONALD J.WILCENSKIr.\ > ��T Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS �✓" 4 �; °- Town Hall Annex PIERCE RAFFERTY t y 54375 State Route 25 JAMES H.RICH (cor.M MARTIN SIDOR � ���y j7tf SoutholdYngs Ave.) Telephone: 631765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 6, 2016 William C. Goggins, Esq, 13235 Main Road P.O. Box 65 Mattituck, NY 11952 s Re: Lot Line Modification for Allen Ovsianik (Eastern Tire) 5 225 Eugenes Road, Cutchogue SCTM #1000-97-2-15 &16.5 Zone: R-80 Dear Mr. Goggins: The Planning Board has received a request from the Zoning Board of Appeals to provide comments on the Area Variance for the proposed Lot Line Change referenced above. The Planning Board requests that you include a few important dimensions on the Site Plan that was submitted earlier this year.This will enable them to have the information they need to make substantive comments to the ZBA. They request this information be provided as soon as possible so the process can move forward. The information requested includes the following: 1. Provide the distance from the proposed lot line to the adjacent property line to the east; 2. Provide the distance between the two rows of proposed parking spaces; 3. Provide the distance from the structure labeled "storage" to the proposed property line; 4. Provide the dimensions of the parking spaces. If you have any questions regarding the above, please contact this office at 631-765-1938. Very truly yours, Heather Lanza Director of Planning i BOARD MEMBERS �QF S®(/rSouthold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p • �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider �ycoumN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 5, 2017: 1:00 P.M. -ALLEN OVSIANIK#7017 - Request for a Variance under Article III, Section 280- 14 and the Building Inspector's November 21, 2016, Amended December 22, 2016, Notice of Disapproval based on an application to permit a lot line change to create two non- conforming lots, at: 1) lots proposed at less than the code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 & 16.5. 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 each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: December 15, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Mager of the Application of `MAILINGS ALLEN OVSIANII (Name of Applicants) SCTM Parcel ff 1000=097.00-02.00-015.000 and 016.005/ COUNTY OF SUFFOLK STATE OF NEW YORK f, DONNA M. PALMER residing at New Suffolk, New York New York, being duly sworn, deposes and says that: Oii the 9th day of December , 2016 , I personally mailed at the United States Post.Office in, Mattituck , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in.- Prepaid nPrepaid envelopes addressed to current property owners shown on the curre t assessment roll verified from the official records on file with the(X)Assessors,or( ) Courdy Real Property Office for every property which abuts and is across a public or private street, or vehicular right-o&way of record,surrouading thcapplica-afs property. IJONNA M. PAIr� �e) Swotn td before me this . 9 tb &V of December 2016 (Notary lic) WILLIAM C.GOGGINS Notary Public,State of New York No.4963689,Suffolk Courcy Commission Expires March 12, PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you Re: Allen Ovsianik SCTM Nos. 1000-097.00-02.00-015.000 and 016.005 1) 1000-097.00-01.00-001.000 Leonard D. Dank and Beryl E. Dank 800 Cox Lane Cutchogue, New Yojk 1193 5 2) 1000-097.00-01.00-003.000 Sullivan, Papain, Block, McGrath 120 Broadway, 18th Floor New York, New York 10271 3) 1000-097.00-01.00-004.000 Robert J. Corazzini and Virgini&A. Corazzini 320 Richmond Road Peconic, New York 11958 ' I 4) 1000-097.00-01.00-005.000 " Scott A. Kessler 33,255 Route 25 Cutchogue, New York 1193 5 5) 1000-097.00-02.00-014.000 Richard W. Abatelli 1915 Lake Avenue Southold, New York 11971 6) 1000-097.00-06.00-003.000 Lois B. Allen 241 Avery Heights Harford ,Connecticut 06106 ■ . - ■ . .� 7 CERTIFIED © RECEIPT CERTIFIED ! ■ 1 N NEr 0. Only. �B Il– CIO wam CUT, qU-y;"tVY�1j119351 - � ,; i : � j(" - CUT£�UG�s' "1Y�'1�-5�6ci >� r U iq'.: �...., .,✓ 6'... 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Is delivery address different from item 1? ❑Yes If YI=S,enter delivery address below: ❑No A ��C� Zcti:l•�ntjv�-� �r�� � tN3-ems yCzll 3.II 1111111 IIII III I I I I I II I III III III I II I I I II II III Cl lt 13 RegisteredPriorityice Type 13 Mall lrigeRegistered13 Adult Restricted Delivery Cl MaiRes tedl 9590 9403 0380 5163 6384 04 ❑Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2_Art 1oIa Number fTransfar from service lab eq ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ❑Signature Confirmation ?015 0640 0007 5064 1815 it Restricted Delivery Restricted Delivery PS Form 3811,;April 2015 PSN 7530-02-000-9053; Domestic Return Receipt ' ■ JD( � TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING ALLEN OVSIANIK Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000--097.00-02:00= 015.-000 and 016.005 COUNTY OF SUFFOLK) - STATE OF NEW YORK) - I, William C. Goggins- residing-at 1780 Jackson Street, New Suffolk New York, being duly sworn,depose and say, that: Can the 19th day of December ,2016 , I personally plated the Town's Official Potter, with the date of hearing and-nature of Iny application noted thereon, securely upon my property, Iocated 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,* andthat one Poster faced Eugene's Road, and one Poster faced Route 25 in the. Hamlet of Cutchogue I hereby confum that the Poster has remained.in place for seven(7)days prior to the , date of the subject hearing date, which hearing date was shown to be Janmary 5, 2017 at 1:00pm.• "(Signatu Sworn to before me this 30ti-Day of December 201 (Notary P bli A . DONNA M.PALMER Notary Public,State of New York near �� _ p Commission Exc vires December 9,c4i :zs�e�y�l� f my property, as the area most visible to passerby. � +1 ` �� P #13093 ,STATE OF NEW YORK) ),SS: COUNTY OF SUFFOLK) ' Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy , has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing, on the 29th day of December, 2016. Principal Clerk - LEGAL NOTICE + SOUTHOLD TOWN ZONING me this day Of 2017. BOARD OF APPEALS THURSDAY,JANUARY 5,2017 PUBLIC HEARINGS 10.15 A.M. ItICHAQn dNn NOTICE IS HEREBY GIVEN, SCHEHERAZADE MADI AN pursuant to Section 267 of the Town #7064- Request for Variance(s) un- Law and Town Code Chapter 280 der Article III,Section 280=15 and the (Zoning),Town of Southold,the fol- Building-Inspector's September 22, NOTARY PUBLIC-STATE OF NEW YORK lowing public hearings will be held by 2016,Notice of Disapproval based on No. 01V0610506() the SOUTH;OLD TOWN ZONING an application for a building permit Qualified In Suffolk County BOARD OF APPEALS at the Town to construct an accessory in-ground. My Commission lxpiras February 28,2020 Hall,53095 Main Road,P.O.'Box 1174, swimming pool and an accessory Southold,New York 11971-0959,on trellis, at: 1) the proposed in-ground 11:00 A.M. - CROTEAUX THURSDAY,JANUARY-5.2017. 1.30 P M - TONY AND SU- swimming pool located in other than 'VINEYARDS #7013 - Request for 9:30 A.M.-COLIN CASHEL AND the code required rear yard; 2) the Variances)under,Article III,Section ZANNE•OLIVA#7018-Request for KRISTEN CASHEL#7016-Request a Vanance under Article XXIII,See- proposed trellis located in other than 2$Q-13A(4) ihd tUp,Building Tnspec- for Variance(s) under Article XXIII, the code required rear and located tai's:October,7„20 a ded No- tion 280-124 and the Building Inspec- q yard, ¢" '" tor's October 20,2016,Notice of Dis- Scotion 280-124 and the Building In- at: 856 Narrow River Road, Orient, vemiber 2,2016 Notice of;Disapproval spector's October 6, 2016, Notice of NY.SCTM#1000-27-4-9.6. to lggalize-an",is,Ybulii',,wWery and aPProval based on an application for a Disapproval based on an application 10:30 A-M- I .ABFTA I-tisq groP?n.Atut 06r+y,And tasting building permit to construct additions for a building permit to alter An ex- BRANCH #7010 -- Request fora rgguifacilities:Iocafe8onaparcelless and alterations to an existing single isttng porch attached to a pre-extsting Variance under Article III Section q r �i`minimum of�At family dwelling,at:1)proposed addi- le,"Athe code,ie att , tion less than the code required mini- single family dwelling,at:1) the pro- 280-13C and`the Building InspectoP'� le'sLax 1�,aeres devotedltp.atineyazd:oT mum front yard setback of 35 feet; posed alteration is less than the code September 19,2016,Notice of Disap- giAcr;ragricultural ptiiposes:located y required front yard minimum setback praval based`6n an.applicatiofvfor a ( at v�#50•Sbuth Harbor,,Road,+South• located, at: 500 Old Shipyard Lane, of 35 feet;2) the proposed porch al- permit to demolish an existing acccs- d' Southold,NY.SCTM peals will 6. P14',ANY.SC I Iy1#1000-75c9r1.4..`•,�: teration is contrary to a prior appeal sory cottage and a building permit I � A+M• - CAPTAIN RE�'� The Board of Appeals will hear -condition (# 6880, dated September to construct a new accessory-eattAge MARINE SALES, INC.'#7014 s Re- all persons or their representatives, 17,2015)that porch remain as ancon- , with anlxpansion,at:1)the proposed quest for Variance(s) under3Article desiring to be heard u each hear- , space;located,at:162 Lower (,:construction is not a permitted brans- XI, Section 280-49 and the Build- ing,and/or desiring to submit written Shingle Hill Road (AKA, Fox Ave- I� ry use, at:5160 Indian Neck tittn@ mg Inspector's September 19, 2016, statements before the conclusion of nue),Fishers Island,NY.SCTM#1000- 1 (p� fo Hog Neck Bay,Little eutinic amended.September 30,2016;Notice each hearing. Each hearing will not 9-1-26.. 1 Bay�Peconic,NY SCTM#1000-98-4- of Disapproval based:oix ari,applica- start earlier than designated above. 9:45 A.M. - R. BRADFORD Files 616 available for review during 3 231: � .„r -:.r, tion for a building,perinit to construct regular business hours and prior to BURNHAM III #7015 - Request for 10 45 A M -MARIA 7A, >HIA'rti a storage building and to propose g a Variance under Article III,Section ADIS.'ANTHONY ZACH"j,& iI� -boat storage„and parking, at:,1) the the day of the hearing. If you have 280-13 and the Building Inspector's AND ZACHAItTA. ZA H.g& proposed building is:less tiian•the questions,please contact our office at, August 2,2016,Notice of Disapproval DIS - Request for a,Variance code required front•'yard minimum (631) 765-1809, or by email: KimF@ based on an application for a building under Article III,Section•280.14 acid setback of 100.feet;2),the proposed southoidtownny.gov permit to construct a boathouse(star- the Building Inspector's.-September building,is less than.the code'required Dated:December f5,2016 age building),on a vacant residential 21, 2016,-Notice of Disapproval to side yard minimum setback of•25 feet; ZONING BOARD OF APPEALS parcel,at:1 the proposed boathouse located,at:9605 Route 25,Mattituck, LESLIE KANES WEISMAN, p ) p p permit a lot lige change(merger),at: (storage building) is not a permitted 1) the lot line change (merger),will NCHAIRPERSON SCTM#1000-122-6-12. By;Kim E.Fuentes use;located,at:Penninsula Road(adj. result in a lot having less than the re- 1.%00 P.M. - ALLEN OVSIANIK to Darbie's Cove),Fisher's Island,NY. quired 80,000 sq. ft.in area,at: 1775 #7017.=Request for a Variance under 54375 Main Road(Office Location) SCTM#1000-10-4-9.2&1000-10-4-9.3. Little Neck Road, Cutehogae, NY. Article III, Section 280,14 and tl}e 53095 Main Road(Mailing/USPS)PO.Box 1179 SCTM#1000-103-5-1 and 10¢0-103-5- Building Inspector's November 21, Southold,NY 11971-0959 5. 2016, Notice of Disappiovalc:based on an application to permit a lot line 13093-1T 12!29 chaAge,to create.a lot,at:1)less than the-code required minimum lot size of 80,000 sq. ft.; located, at: 32930 Route 25 and 225 Eugene's Road, Cutchogue, NY. SCTM#1000-97-2-15 &16.5. - - t I ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold,'NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website- http://southtown.northfork.net December 5, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, January 5 , 2017 Hearing Dear Sir or Madam: 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. 1) Before December 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable You are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later December 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post, Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 28Sth: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 3, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly.' Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NiyTIi. E uF HEARli4G The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME OVSIANIK, ALLEN #7017 MAP # 97 .-2- 1 5 & 16 . 5 VARIANCE LOT LINE CHANGE REQUEST INCREASE IN NOW -CONFORMITY SIZE OF LOTS ( LESS THAN 80 ,000 SF) DATE : THURS JAN . 5 , 2017 1 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 BOARD MEMBERS OF S��T Southold Town Hall Leslie Kanes Weisman,Chairperson �* yo 53095 Main Road- P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest [ Office Location: Gerard P.Goehringer C** Q Town Annex/First Floor,Capital One Bank George Horning �O �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider 100um� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MEMO � E C E 0 IJ 1�1 TO: Planning Board NOV 2016 FROM: Leslie K. Weisman, ZBA Chairperson 3outh61d Town DATE: November 22, 2016 Planning Board SUBJECT: Request for Comments ZBA #7017 — Ovsianik The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE— STAMPED OVSIANIK, 97.-2-15 #7017 1/5/17 Art. 111 280-14 11/22/16 John C. ALLEN B Zone Bulk Schedule Ehlers 97.-2-16.5 - R80 Zone Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. BOARD MEMBERS �F SO J Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU NT`(, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 November 22, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7017 Owner/Applicant: Ovsianik, Allen Action Requested: Lot Line Change Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: 'Q�: • Encls. BOARD MEMBERS *QF SU(/TSouthold Town Hall Leslie Kanes Weisman,Chairperson � Ol0 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider CouNv,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 January 24, 2017 William C. Goggins Attorney at Law P. O. Box 65 Mattituck,NY 11952 RE: ZBA Appeal No. 7017,Allen Ovsianik SCTM No. 1000-97-2-15 & 16.5 Dear Applicant; Transmitted for your records is a copy of the Board's January 19, 2017 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions,please call the office. Sincere , Kim E. Fuentes Board Assistant Encl. cc: Building Dept. N " BOUNDARY 1 INE ALTERATION WE TYPIGAL PLOT PLAN FREPARED PORa not to scale ALLEN OVSIANIK ROAD / D Q EX15wIN6 WATER SER wIGE 5/7VATF / \ S'MIN GUTGH06UE S'MN TONN OF SOUTHOLD S N �T /'�I �/ �I-('' NEV4 �/SUFFOL< GOUT `t ( Y, YORK MAPPED JULY IGi, 2010 ti's �� s68°Is, GQ�be s 'tMQ-, "V!� 20�F 4,80 ye SUFFOLK COUNTY TAX MAP NUMBER 1 1000 - cf7 - 2 - 16.5 1000 - cf-7 - 2 - 15 ofp� FIRE DtSTRIGT No. 2q OA 2,204 8� SCHOOL DISTRICT No ci ��� ° ���' O _------ _ v SEPTIC, SYSTEM DETAIL NOT TO SCALE AFFLiGANT: F<� \ \ ;`` OWNER: ® \ ,'/ Z•' 1'`. AND CAST DVERS TO RA F"W'D CAST[PON TO&R AND N \° \ ® 22' `" `' 3Y RAS �aoe 6�oE �J E ALLEN W. OV51ANIK �� \ ' ` MN �y \ �R , 7 Yux M-WWY LMMEYS ` ® ��'�'' O \ � /� "O�� ___. _ ____ /' �', , 1 ��FDOT 16•MM � $NALLnNI /O 618 RIDGE AVE. A \ �r�. \\ ,-- Fd EPHRATA, PA. 17522 \ oT- N.+ DIA�� ��•�F m \ tO 2 , �' MIN.4- 11 SPEA. 00 e ' MONOLITHIC �Q �Q 001- o ,\� searlc TANG G 0 \�. soN S.F. h O � _ .__ MIN / ry� REMOVE IMPERVIOUS SOIL WITHIN AREA 3' 4 ` ,�• 3 HOGKF�W TY AND 6'VERTICALLY. (}' ILL M LLEAN MATERIAL. 01 \ � Q7' / S MIie MAL HIGH 6Rouu Wnr �O o \ C� ° SEA50NAL HIGH �f °% �tyh�@^/ \�� L' GRO'iND WATER ` 66 TEST HOLE �Qs of �ocP �js f ----- ._ y McDonald Geoscience �/ �� _ w 3-15-2010 �;� �l2 c �� �`'G� \ \ � $"� KEY MAP j ti ,\ �a ore 9 EL=14.4 0.0 oo DARK BROWN LOAM - OL Q® �, / ' ��� O < �� / 13.4 1.0 _ I5D'S°— `\, , ® p� ° oc a' T /6 - - - ----------- 0 � o . -- SUFFOLK COUNTY DEPARTMENT OF HEALTH SU-VICES .q a BROWN CLAYEY RSR, , �,, T ;\ / �Cro / ori N U � 0 —•- - �PP�Se.New Yalrlc s ' I ' o 0 SAND ��pOs$ �� / SC V. it )g �D r� p C fit tFc ;vel. 10.4 4.0 ,y0� Th is to catify that the proposed Realty subdivision or Development ES in the �* St 1 'y LOCKING LOCKING ;.�� . �,';,:,- with a total of lots was o C.I. COVER C.I. COVER ap{noved on the above date.Water Supplies and Se BROWN FW E ¢� " e b LOCKING Facilities must conform to construction standards in effxtat the time of �// TOP EL.=15.0 TOP EL.=15.0 „ w p cy/n fi �q �N BUILDING C.I. COVER ZONING BOARD OF APPEALS •� P � to those ir' cwtilan and are eub toeeparate aCv ;,/ 9 ° FLOOR EL=15.5+ 8"PRECAST 1FAFFIC TOP EL.=1,4.0 standards. This approval shall be valid out if tthe TO MEDIUM a n� \ / BEARING SLA3 opmentmap isduly fled with the Cp atyClarkwiflss�in °r 4 / GRADE EL=15.0 l SAND SP " " ""' '/ t p 1 1 CONCRETE CHIMNEY One year of this edate.Consent ishatby given for the of this map - HOUSE TRAP .oo' MIN on which this endorsement appears in the Office of the ty Cleric in 8'PRECAST TRAFFIC a=mhInm with ons of the public Health I aw and dre Suffolk ®� /6„ °"" o,• �, ,� % `� WITH C/❑ INV=13,3 z.00' MAX t=13$ GRAD =14 0 BEARING SLAB County Sanitary rF�, O 1.00' MIN HIGHEST 2.9 11.5 /y 272 ,h 2.00' MAX a " s' e'' '� BUILDING SANITARY ' 4 35 DIA INV=12. F INV=12.3 /Et=12.8 Dftector,Division wrr»A. QPalry EXPECTED GW WATER IN BROWN o'ti Quality PIPE @ 2,00% FINE / Nb TYPICALCO iv pz11 INV=11.9 TO MEDIUM " :310- SAND - SP . �o a0 4' DIA SDR 35 PVC Ar6 IZ---" PIPE @ 1.007 LEACHING POOLS �eze 4? �@ 542'40'' 1200 GAL TANK TYPICAL 2- 8' DIA x 6' DEEP 18.0 °"►� j W EL=7.9 „\ EL=6,z GROUNDWATER EL=2.9 THIS 15 TO CERTIFY THAT THIS 9JOVIV15ION PLAT HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RE50LUTION DATED,__-_--_________-- SANITARY SYSTEM INVERTS NTS DATE------------------ BY:--____—_-------------------- C.Ely {� 110.N o-leeG a e a o °dtlon °w vey NOTES: m°,I"al°n.-�°Ikereetl1-1.��.>"ab° `O � �y� vloa escuon'12w,as-m.wan 1,a the i �` N.w York etas Eew°wn lox• "Only copies mi 1,1- with e argmi ehl ems, 4 r'Cin4 pI°n in—1,1 l of Fhhee 1 . .wl.non be .k a ea to be wl�� EXISTING SEPTIC TO BE REMOVED AS PER I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL SYSTEMS) '* t."d FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A - q w `„�°`�;P uta th �” S.G.D.H.S. STANDARDS �� � .t„9-,. F-P—i F°r o� CAREFUL AND THOROUGH STUDY OF THE SOIL,SITE AND GROUND WATER CONDITIONS,ALL "'°'°Pt'° t.• O I 1M New Yark State Ass°rlatlan of Pr°leanlai°I �� .., L-1 5u•.9—5°Itl certlfic°tl°rm Mall— 1 LOTS,A5 PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH 5ERVIGE5 "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY U5 FROM ACTUAL SURVEYS S SO 2 �� ,ems.mhaPt, eew TOTAL AREA = 7Gi,57-7 S.E. OR 1.826 Gi AGRES CON5TRUGTION STANDARDS IN EFFECT AS OF TH15 DATE. COMPLETED FEBRUARY 20, 2008 t THAT ALL CONCRETE MONUMENTS 5HOWN THUS:( FO LANDsvP �"�.���o�°��Wt HEREON ACTUALLY EXIST AND THEIR POSITIONS CORRECTLY SHOWN AND tine .rot tM,wlerchle to °, ..t ,t,oro L DIMENSIONAL AND GEODETIC DETAILS ARE GORREGTN PROPOSED LOT I JOHN C• EHLERS LA_NIr SURVEYOR = S2,Q74 S.F. OR 0.770 P�GRES LS Revisions: 13fFG GRAPHIC, SCALE 1"= 40' `+�" C h C,6-07-2012 PROPOSED LOT 2 = 46,603 S.E. OR 1.06gq ACRES ` � 1F'P � 06-10-2015 6 EAST MAIN STREET N.Y.S.LIC.N0. 50202 ____ _____ ____ ________ ____ ___ __-- ' ' 4dy N PROPOSED BEARINGS AND DISTANCES SHOWN IN THIO FONT �"$°��� ' , N RIVERHEN.Y. 11901 369-8288 Fax 369-8287 JOHN G. EHL N.Y.P.L.S. LIG 50202 K 1:1'`r ,^ �'Ne h -a 9 O 40 80 120 ` ,TM C� C� SEPTIC DESIGN MICHAEL D. 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