HomeMy WebLinkAbout1000-81.-1-16.7 & 81.-3-29 (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VOLITION OF SECTION 72D9 OF THE NEW YORK STATE EDUCATON LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSDERED TO BE A VAUD TRUE COPY.(4)CERTIFICATION
INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITIMONS OR SUBSEQUENT OWNERS (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)&CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATONS AND OR DATA OBTAINED FROM OTHERS.
58a°23'OS"E RECEIVED 400 Ostrander Avenue, Riverhead, New York I1a01
21.63' i_ tel. 631.727.2303 fax. 631.727.0144
NDEC 17 2019 4 adman@youngengineering.com
N
Souffio'l d Town
p N Planning Board
N Howard W. Young, Land Surveyor
°
Thomas G. Wolpert, Professional Engineer
€� 3£ Douglas E. Adams, Professional Engineer
C1 O W ,}�9 SOUTHOLD BAY
E W ,� E Robert G. Tost, Architect
° CT1 b Robert Stromskl, Architect
sl
C�
� S
fL11 DA51N 51TE DATA
� SOUTHOL.O BAY IS Q" REPUTED OWNER 5UFF. GO. TAX MAP AREA
on wnroma
MARY ZUPA 5GTM 1000-81-0I-16.7 EXISTING = 75,533 5F
TRANSFER = 5,240 SF
og MODIFIED = 70,2113 SF
O i PARADISE POINT SCTM 1000-61-01-2cl EXISTING = 20,512 5F
U1 v 2� ASSOCIATES, INC.
TRANSFER = 5,240 SF.
MODIFIED = 251752 5F
& NOTE5
SUBDIVISION - MAP OF SECTION ONE, "PARADISE POINT" FILED IN
THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR. II, 1965 AS
FILE NO. 3761.
586°42'04"W �6N TH15 SURVEY PREPARED UTILIZING CONVENTIONAL FIELD SURVEY
1.52' KEY' MAP TEGHNIOUE5, RECORD SURVEYS AND RECORD SUBDIVISION MAP.
!n
9 N88°45'I6"E 1a7.36' SCALE: I"=600' LEGEND
RO = ROOF OVER
} I CRT = GONG. RETAINING WALL
V 1
I
t ® = WELL
° I DI = DRAINAGE INLET
i`
O r DW = DRAINAGE DRY WELL
1
UTILITY POLE
PIP O = MONUMENT SET
` ' ■ = MONUMENT FOUND
TESV ELL i STAKE SET
Z O j I N 0 = STAKE FOUND
`Xti i I �_` > BOOR = BUILDING CORNER
r— � _ 1 I DW EDGE OF WOOD5
j L EP = EARTH PAVEMENT
O GP = GONG. PAVEMENT
WOOD STEPS E 6 s 0_ LP = SANITARY LEACHING POOL
METAL FENCE
POOL _
EQUIP. , I UNDERGROUND L U
11 WOOD DECK °PROPANE 7^ n�/ L L --1 0 r- SP = STONE PAVEMENT
! POOL PATIO ° i Fo TANK CAP 0 > tL Q� V N (n = ST = SEPTIC TANK
i Ri - --- ---- - - Z ❑ GEN. Ul 6 O 6 L 3 I 6
rR 'I I �� W
{1i r IILQ'._----- ------------------ mi 1 o c N - WV
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y ----}------------ -- 1 x� _ +� NM = WATER METER
❑n SANffARY ( LP 1 ° z I Q� lL J 1 N 0 I QO _ EB K AO -=ELEG BOX
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0 J ' '
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s 6 �6,, �� - - -------------
---- - -------o PARCEL TO BE MERGED - s
IL
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��— ROADWAY 0.6 5 4-1
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4- �-
I 6� 98 9 ,. p w r 75.82, o
°•250' �\• �65�, ` oy MARY ZUPA N I I
oyw mow.\ 1000-81-01-16.7 COO�Y S74° 6 i 6
m r- �w Z.4�2 i I O_ I In O f N E_C,v
ROADWAY COBBLESTONE APRON �i / / `/•� Q ,''/�,_ N ll
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9 �p •\Rr f \ PLANTER / w / to
m�` \ ; ' L Sg ° ' ..Fl• 1�. F'�. 1
DI 585°44'40"E I , 1IB 101.81 4 16 lO"5 100.031 I 0
�0 �. or 0 — 100.00' r1a3 0150
_ . .
~�•._ --•!`'-� RAILROAD THE /�•� -�,_
O�"\ HOOP STEP(TYP) / (�'•J� — . . — . . _ _ - _ . . _ — V l��•�� .;'.'- -
1
` P RAILING MODIFIED / Arc Reputed Owner: — —
HOWARD N. YOUNG, N.Y.S. L.S. NO. 458Q3 rY< / PARADISE POINT A550GIA7I0N IN °�`�� t AN,;';
N8 ° �� LOT LINE T iROAo
$8;'�;41A' \ RMAR WITH CAP FOUND \!j� �l S I/N� r G.
T '11 _ I _ �' e.., t L
goo" N83°40 ° N74°2 /4 gar N�
s n BA5 N ROAD o
o� 402 n� �O" 1000-81-01-29 1�Om
1110
MODIFICATION PLAT
N Ad ON ry m `1( /�0 BA51N ROAD AS SHOWN ON
S �- (p�` ��'�j„� s Op MAP OF SECTION ONE, \
$, 5, �--=----_-_ �1°33 /•3 o°l$'O U? "PARADISE POINT"
N � 3✓�y S4-3i-i'°(18�'�°' W 8N./73o, °$?$34,� hr �� 101
� FARAD
I5E PO I NT
N85°4440"w 01w 85.,12 A5500IATIONi INC.
>°
Y N7�°� �, � p At Bayview, Town of Southold
4/8 Y s� Suffolk County, New York
CHAMFER CONNECTING g O
s "�oDgrlNG /0 Lot 5 WESTERLY 51DE OF
�cK o61 Ma of Section One, "Paradise Point" I PARADISE POINT RD. 8 LOT LINE MOD11=1CATION
0 = p SOUTHERLY 51DE OF
G� Suffolk County File No. 5761 I BASIN RD.
1000 81 OI 16.-1
(DWELLING W/PUBLIC WATER)
o I County Tlax Map District loco Section Sl Block 03 Lot P/O 2c{
a
I Lot CO MAP PREPARED FEB. 21, 2015
Record of Revisions
I Map of Section One, "Paradise Point" REVISION DATE
Suffolk County File No. 5-761 MODIFIED LOT LINE JUNE 28, 2018
REBAR WITH GAP SET SEPT. 11 2018
/ ( COBBLESTONE APRON NOV. la, 2018
GENERAL JAN. 25, 201Q
GENERAL JUL. Oa, 201 a
BA51 N ' �`
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0 30 O 15 30 60 CIO
Scale: 1" 50'
JOB NO. 2017-0127
DWG. 200.4_0051_2017_0127_Ilm I OF 2
(1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A NOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OFFENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. 4 CERTIFl
INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS (5)THE LOCATION OF WELLS () CATION
(W�,SEPTIC TANKS(S1)k CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIpJS rW0 OR DATA OBTAINED FROM OTHERS.
�E -,T /E 400 Ostrander Avenue, Rlverhead, Naw York I IQOI
21 65' N tel. 631.727.2303 fax. 631.'727.0144
1 DEC 17 2019 odmin@youngengineering.com
N Southold Tou`'n
Planning Board
Howard W. Young, Land Surveyor
_ Thomas G. Wolpert, Professional Engineer
O los E. Adams, Professional Engineer
W Dou�;) E SOUTHOLD BAY 9 g
° f11 e Wj,
Robert Stromski, Architect
0 � � � � Robert G. Tost, Architect
N " D
0` 51
S A
L
rn B A A51N 51 T /,E D TA
S� SOUTHOLD BAY REPUTED OWNER 5UFF. CO. TAX MAP AREA
e�
MARY ZUPA 5CTM 1000-51-01-16.7 = 75533 5F
UJ A
ASSOCIATESADDSPOINT
SGTM I000-51-01-2a = 20,512 5F
RAP
Q� NOTES
°TRe
* SUBDIVISION - MAP OF SECTION ONE, "PARADISE POINT" FILED IN
S7,:)°Oq THE Mq oNs FI EN 0.13761.0E THE CLERK OF SUFFOLK COUNTY ON APR. 11, Ig63 A5
4.586°42'04"w '� H/6H THIS SURVEY PREPARED UTILIZING CONVENTIONAL FIELD SURVEY
1.52' O� TECHNIOUE5, RECORD SURVEYS AND RECORD SUBDIVISION MAP.
m KEY MAP
� � N88°45'16"E iQ7.56'
SCALE: I"=6001 LEGEND
11 E � I EULI.HEAD
RO
= ROOF OVER
j CRT = GONG. RETAINING WALL
t- 1 0 = WELL
O DI = DRAINAGE INLET
j H) DW = DRAINAGE DRY WELL
('� \ I PIP `�' = UTILITY POLE
` •
O = MONUMENT SET
1 =TEST WELL ', = MONUMENT FOUND STAKE SET
to e = STAKE FOUND
Dw
BOOR = BUILDING CORNER
EDGE OF WOOD5
EF
= EARTH PAVEMENT
POOL METAL FENCE — i WOOD STEPS 6 _S U GP = GONG. PAVEMENT
EQUIP. _
— UNDERGROUND L ml
OO BRICK , II WOOD DECK °PROPANE O L L m , LP = SANITARY LEAGHIN6 POOL
! LJ POOL PATIO I p TANK CAP O Q� � N c�P
- ---------- - - f z Tc = - - STONE-
f11 5 o cD ❑ GEN. U1 0 L v I W -
PAVEMENT
------------- - - - O 6 6 O
IILQ_----- - , - T
SEPTIC TANK
l\ - = WATER VALVE
Orn El.,m I mo !� O V ' � - z Q ° C WV
3 R I ❑n _ 1 LP l Z OL N c) QO _ WM = WATER METER
CP 0 2 STORY FRAME HOUSE i 0 _, N I AG
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a m 6 = ELEG. BOX
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° l�
'a z
N o'S�� ----W--- _ sa.e I ac m -_ ry 1L : 1 a z = HYDRANT
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- --------------- 0) O, N !L
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( +' ' D N ' i� 1 s111
o Y i WATER -------0 RMAR Y'UTH 4- 4 0 ' O O I —� 13 j I N
BRICK ( DW t SERVICE EB CAP FOUND ° .� I I
/ WALK SP�GDT Q ° ° 1 SGJRVEYOR'S CERTIFICATION
N I U J O c I 6 I I
g6/���/; ti\4\ Ol(��� ROADWAY PIP
777 lU _ V I YI oplt(�4(�f9'tfp
h6 49 ry �SS9, p, Reputed Owner: 6 4q' I I 4 -7j
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of ,, °0 ��f`, �,� ,�; , �w \ \> O ,� I I 6 , 6 I
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�oOV DI 585°44 40"5 100. I °26'50'I� 101.81' S84°16'10"5 100.03' I 0PYV, hs(. F..
1
RAILROAD Tle /y� 00 1 �183 _ . . — . . - I 7 (//'�/S _ a 1 sl U
`T� \ CP� iD STEP(TYPJ 'n"J�. _ . . _ . . . . — . . —
o "Y '1 RAILING "' Ac Reputed Owner:59 + \
9, N81°�g,l�,` :� ROAD P�R�DIS>= POINT ASS _
/� /' HOWARD W. YOUNG N.Y.5. L.S. NO. 458g3
17•�41 Iwl REBAR MTH GAP FOUND _ _ SAY Or I I 710N, I NV.
N83°00'�3"w2 00 0 N�4°� � �(
�S ROAD \
r 0
\\ \ QN N 4�0 BASIN00-81-01-29
A�3„yJ °�l l�O oo ROAD AS SHOWN ON MOD 11=1 GAT I ON PLAT
g3 /SRO°/$ MAP OF SECTION ONE \
0150110 3 O "PARADISE POINT" I ° PARADISE POINT
43'15 $ o h' ° 11 11 101.16 N84 I6 to Val
°\� $�3 N85 44 40 w l Oq.63 583°26'S0 W 85.92'
ASSOC I AT I ON, INC.
�oqr 4� N-7So- /8„ g I 60 At Bayview, Town of Southold
Suffolk Count New York
a op NG
4 /O Lot CHAMFER CONNECTIN6 60 y/
no�K ° •O6 WESTERLY 51DE OF
Map of Section one, "Paradise Point" i PARADISE POINT RD. $ EXISTING CONDITIONS MAP
z Suffolk County File No. 5761 I SOUTHERLY SIDE OF
BASIN RD.
a� (DWELLING W/PUBLIC WATER) i 1000 81 OI 16.7
CL ' County Tax Map District 1000 Section al Block 05 Lot P/O 2CI
o
Lot 6 MAP PREPARED JUL. Og, 201g
Ma Record of Revisionsp of Section One, "Paradise Point" REVISION DATE
Suffolk County File No. 5761
0
0 30 O 15 30 60 CIO
lei
JOB NO. 2017-0127
DW6. 2004_0051_2017_0127_Ilm 2 OF 2
OFFICE LOCATION: AL41L NG ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 + Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) "
Telephone:631 765-1938
Southold,NY
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 8, 2024
Mr. Thomas Wolpert
Young & Young Engineering
400 Ostrander Avenue
Riverhead, NY 11901
Re: Conditional Final Approval Re-issue
Zupa & Paradise Point Association Resubdivision
Located at 580 Basin Road, +/- 500 West of Paradise Point Road, Southold
SCTM#: 1000-81.-3-29 & 1000-81.-1-16.7 Zoning District: R-80
Dear Mr. Wolpert:
The Southold Town Planning Board adopted the following resolution at a Public Meeting
held on Monday, October 7, 2024:
WHEREAS, on February 10, 2020 at their work session, the Planning Board classified
the action under SEQRA as a Type II action, found the action exempt from review under
the Local Waterfront Revitalization Program, and waived many provisions of the
subdivision review process, and set the public hearing for April 6, 2020; and
WHEREAS, on March 11, 2020, the application was referred to the Suffolk County
Planning Commission for review; and
WHEREAS, on March 17, 2020 the Covid-19 pandemic caused a state of emergency
and Town offices were closed to non-essential workers until May, 2020, thus cancelling
the scheduled public hearing in April; and
WHEREAS, on April 7, 2020, the Suffolk County Planning Commission responded that
the application is a matter for local determination; and
WHEREAS, in July, 2020, the Planning Board rescheduled the public hearing for this
application for August 10, 2020; and
WHEREAS, on August 10, 2020, the public hearing was held and closed; and
WHEREAS, on September 24, 2020 at their work session, the Planning Board reviewed
the application for a determination, and found that the proposed action meets all the
necessary requirements of Town Code §240-57 for a re-subdivision application; and
Zupa & Paradise Point HOA Resubdivision Page 12 October 8, 2024
WHEREAS, at their meeting on October 5, 2020, the Planning Board granted
Conditional Final Plat Approval on the application; and
WHEREAS, on April 5, 2021, the approval expired; and
WHEREAS, the applicant requested this approval be reissued to allow for time to meet
the conditions; therefore be it
RESOLVED, that the Southold Town Planning Board re-issues Conditional Final Plat
Approval upon the map entitled "Modification Plat, Paradise Point Association, Inc.",
prepared by Young and Young, dated February 21, 2018, last revised July 9, 2019, with
the following conditions:
Conditions
1. Approval of the Suffolk County Department of Health Services;
2. Submit 5 paper copies of the Final Plat showing only the lot lines as they will
exist after Final Approval of the application;
3. Submit a draft deed to be reviewed and approved by the Planning Board, and
including the following:
a. "The Southold Town Planning Board approved this resubdivision by
resolution on Date of Final Plat Approval).
b. Schedules: Legal descriptions of the new lots to be created, including the
area to be transferred (ensuring the deed's legal description of the area to
be transferred merges it with the Basin Road parcel rather than creating a
separate parcel).
The next step to continue towards Final Plat Approval is to meet all conditions
stated above.
Conditional Final Plat Approval shall expire six months from the date the
Planning Board adopted its resolution of approval unless extended by further
resolution of the Planning Board.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
James H. Rich, III
Chairman
s vb-
P(3 H P/(
�..... ... .".....�....m�_.._.._......�_
T 07 2024, Submission Without a Cover Letter-
"��, ofd
Planning Board
Name:
Project Title: 7,,,upct Fa ( 0 (i "k"" S U �r
t
SCTM#: 1000 - 1 & . 7
Date: 10 / 7 / gq
Details of Submission'
From: Lanza, Heather
Sent: Tuesday, September 17, 2024 9:19 AM
To: Westermann, Caitlin
Cc: Terry, Mark; Michaelis,Jessica
Subject: FW: Paradise Point Association at Bayview, T/O Southold, NY
Incoming mail: Zupa& Paradise Point Resudivision Request for Re-issue of Conditional Final ,gyp roval
From:Tom Wolpert<TCW@youngengineering.com>
Sent:Tuesday, September 17, 2024 7:59 AM
E� ...._
To: Lanza, Heather<heather.lanza@town.southo Id.ny.us>
17 2�01
Cc.Amanda Star Frazer(afrazer@ehalaw.com)<afrazer@ehalaw.com>
Subject: Paradise Point Association at Bayview,T/O Southold, NY
" ot06 �T'owr ...._
Planning 0oard
Good Morning Heather,Kindly advise advise us what is required to renew/extend the Conditional Final Approval granted by the Planning Board on
Monday October 5, 2020 (copy attached) in terms of process, ie. number of prints,fee,etc.
The Paradise Point has requested that we request this renewal on their behalf, since Bruce Anderson has retired.
Thank you for your assistance.
If you have any questions, please contact us.
Tom
ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders
or unexpected emails.
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ® P.O. Box 1179
54375 State Route 25 ®���FU��®� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) O
Telephone: 631 765-1938
Southold, NY
www.southoldtownny.gov
COU6VTY,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 3, 2022
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: Zupa & Paradise Point Association Resubdivision
580 Basin Road, Southold, NY
SCTM#: 1000-81.-1-16.7 & 1000-81.-3-29 Zoning District: R-80
Dear Mr. Anderson,
The Planning Board has received communication from the Suffolk County Real Property
Tax Service Agency that a deed has been submitted for filing for SCTM# 1000-81-1-
16.7. Upon reviewing this deed, we found that it does not comply with the conditional
approval granted by the Planning Board in October, 2020 (expired April, 2021). The
deed in question creates two lots, and does not merge the separated area to the
Paradise Point Association parcel as the original application proposed.
If the property owners proceed with having that deed filed, the resulting lots will not
comply with Town Code 280-9 Lot Recognition, nor will the lots be recognized by the
Suffolk County Department of Health Services. The risk is that should the residence
ever require future approvals or permits from the Town or County, those approvals will
not be able to be granted until the lot line change is completed correctly.
We recommend submitting a request to the Planning Board for an extension of the
original approval, and then meeting the conditions of approval prior to filing the deeds
for this resubdivision. If you are no longer the agent for this application, please let us
know. We will send a copy of this letter to the property owners.
Southold Town Planning Board Page 2 June 3, 2022
If you have any questions, please do not hesitate to contact this office at 631-765-1938.
Respectfully,
*mw Lafyla�m
Heather Lanza, AICP
Town Planning Director
cc: Mary S. Zupa
Douglass Ciampa, President, Paradise Point Association
Encl.
- Copy of the Planning Board Conditional Approval of the Resubdivision
OFFICE LOCATION: MAILING DRESS:
P.O. Sox 1179
Town Hall Annex �ZF sotyp 54375 State Route 25 Southold, NY 11971
Y' 4r r„
(car. Main Rd. &Youngs Ave.) ''
g , Telephone: 631 765-1938
Southold, NY
vvc�7mr.southoldtnwnny.gov
M
PLANNING BOARD
OFFICE
TOWN OF SOUTHOLD
October 6, 2020
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: Conditional Final Approval
Zupa & Paradise Point Association Resubdivision
Located at 580 Basin Road, +/- 500 West of Paradise Point Road, Southold
SCTM#: 1000-81.-3-29 & 1000-81.-1-16.7 Zoning District: R-80
Dear Mr. Anderson:
The Southold Town Planning Board adopted the following resolution at a Public Meeting
held on Monday, October 5, 2020:
WHEREAS, on February 10, 2020 at their work session, the Planning Board classified
the action under SEQRA as a Type II action, found the action exempt from review under
the Local Waterfront Revitalization Program, and waived many provisions of the
subdivision review process, and set the public hearing for April 6, 2020; and
WHEREAS, on March 11, 2020, the application was referred to the Suffolk County
Planning Commission for review; and
WHEREAS, on March 17, 2020 the Covid-19 pandemic caused a state of emergency
and Town offices were closed to non-essential workers until May, 2020, thus cancelling
the scheduled public hearing in April; and
WHEREAS, on April 7, 2020, the Suffolk County Planning Commission responded that
the application is a matter for local determination; and
WHEREAS, in July, 2020, the Planning Board rescheduled the public hearing for this
application for August 10, 2020; and
WHEREAS, on August 10, 2020, the public hearing was held and closed; and
Zupa & Paradise Point HOA Resubdivision Page 12 October 6, 2020
WHEREAS, on September 24, 2020 at their work session, the Planning Board reviewed
the application for a determination, and found that the proposed action meets all the
necessary requirements of Town Code §240-57 for a re-subdivision application;
therefore be it
RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat
Approval upon the map entitled "Modification Plat, Paradise Point Association, Inc,",
prepared by Young and Young, dated February 21, 2018, last revised July 9, 2019, with
the following conditions:
Conditions
1. Approval of the Suffolk County Department of Health Services;
2. Submit 5 paper copies of the Final Plat showing only the lot lines as they will
exist after Final Approval of the application;
3. Submit a draft deed to be reviewed and approved by the Planning Board, and
including the following:
a. "The Southold Town Planning Board approved this resubdivision by
resolution on (p�, of Final_Plat A�paroval).
b. Schedules: Legal descriptions of the new lots to be created, including the
area to be transferred (ensuring the deed's legal description of the area to
be transferred merges it with the Basin Road parcel rather than creating a
separate parcel)
The next step to continue towards Final Plat Approval is to meet all conditions
stated above.
Conditional Final Plat Approval shall expire six months from the date the
Planning Board adopted its resolution of approval unless extended by further
resolution of the Planning Board.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
Southold Town Planning Board Work Session — September 28 2020 — Pa e 3
Project Name: Mattituck-Laurel Library Amended SCTM#: ; 1000-114-11-2
(Parking Lot Expansion)
....... ......
Location: 13900 Route 25, Mattituck
....
Description, This proposed amended site plan is to increase the existing parking area
by 24 spaces, from 34 spaces to 58 spaces (including 5 ADA) on 1.5
acres in the RO/R-40 Zoning District.
Status, Pending
Action; Update
Attachments: ) Staff Report
Project Name Lebkuecher Standard Subdivision SCTM#: 1000-125 2-2.2
Location: 3475 Aldrich Lane & 935 Franklinville Road, Laurel
Description; This proposal is for a Standard Subdivision of a 35.79-acre parcel into
two lots, where Lot 1 is 3.66 acres with an existing residential structure
and Lot 2 is 32.13 acres with greenhouses in active farm use, in the R-80
and HB Zoning Districts.
_ .........
Status Pending
Action: Sketch Plan Co_mpleteness ....... I
Attachments: Staff Report
Project Name:
: Zupa & Paradise Point HOA SCTM#: 1000-81-1-16.7 &
Resubdivision 1000-81-3-29
Location. 580 Basin Road, Southold
Description: This resubdivision proposes to transfer 5,240 sq. ft. from SCTM#1000-
81.-1-16.7, the residential parcel, to SCTM#1000-81.-3-29, the road
parcel, in order to provide one contiguous common access to the docks
owned by the Paradise Point Association. As a result of this
resubdivision, SCTM#1000-81.-1-16.7 will decrease from 75,533 sq. ft.
to 70,293 sq. ft., and SCTM#1000-81.-3-29 will increase from 20,512 sq.
ft. to 25,752 sq. ft. in the R-80 Zoning District. The Zoning Board of
Appeals approved the undersized lot area in variance File: 7186,
Status: Pending
Action: Referral Review
Attachments. Staff Report
Project Name: The Orchards SCTM#: 1000-27-1-3
I, Location: 2595 Orchard Street, Orient
Description. This proposal is for a Clustered Standard Subdivision of a 13.3 acre
parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre
building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99
acres, Lot 3= 1.14 acres, Lot 4= 0.92 and Lot 5= 0.92 acres in the R-80
Zoning District,
Status: Conditional Sketch Approval
Action: DEIS Review
Attachments: Staff Report
Discussion:
ZBA Request for Comments: Gentlemen's Ridge & Mini-Cedars, w/s/o Stephenson's Road,
Orient, SCTM#1000-17-1-11 .5 & 2.2. (Hearing: October 1, 2020)
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date September 24, 2020
Prepared By: Heather Lanza
I. Application Information
Project Title: Zupa & Paradise Point Association Re-Subdivision
Applicant: Zupa & Paradise Point Homeowners Association
Date of Submission: December 17, 2019
Tax Map Number: 1000-81.-3-29 & 1000-81.-1-16.7
Project Location: 580 Basin Road, on the south side of Basin Road +/-
500 west of Paradise Point Road
Hamlet: Southold
Zoning District: R-80
II. Description of Project
Type of Subdivision: Re-subdivision
Acreage of Project Site: 1.67 acres
# of Lots: 2
This re-subdivision proposes to transfer 5,240 sq. ft. from SCTM#1000-81.-1-
16.7, the residential parcel, to SCTM#1000-81.-3-29, the road parcel, to provide
common access to the docks owned by the Paradise Point Association. As a
result of this re-subdivision, SCTM#1000-81.-1-16.7 will decrease from 75,533
sq. ft. to 70,293 sq. ft., and SCTM#1000-81.-3-29 will increase from 20,512 sq. ft..
to 25,752 sq. ft. The Zoning Board of Appeal approved of the undersized lot area
in variance File#: 7186.
III: Status
Public Hearing held Monday, August 10, 2020
Referrals Complete
SEQRA: Type II — no further action needed
LWPR: Exempt due to no new development potential
IV: Action to review
Final Approval
V: Project Analysis
• Public Hearing
No substantive comments were received
• Referrals
Page 2
Suffolk County Planning Commission — matter for local consideration
Application is ready for a determination
VI: Items for Consideration
1. Schedule the application for Final Approval on October 5, 2020 with
the following conditions:
a. Submit a draft deed to be reviewed and approved in writing by
the Planning Board rp for to recording, and including the
following:
i. Language as follows: "The Southold Town Planning
Board approved this resubdivision by resolution on
(Insert date of Final Approval resolution).
ii. Schedules: Legal descriptions of the new lots to be
created, including the area to be transferred (ensuring
the area to be transferred is merged with the Basin Road
parcel)
b. Record the approved deed with the Suffolk County and submit a
copy of the recorded deed to the Southold Town Planning
Department within 62 days of the date of Final Approval, or such
approval shall expire and be null and void.
VICTOR J. ZUPA r,,�I �� 1, 9 o(,
ATTORNEY AT LAW
580 BASIN ROAD - �;, WW1
SOUTHOLD,NEW YORK 11971 BO, d
E-MAIL TELEPHONE(631)765-6112
ADMITTED:NY,CT,DC FACSIMILE (631)765-6119
August 11, 2020
Planning Board Town of Southold
Town Hall Annex Building
54375 Route 25
P.O. Box 1179
Southold, NY 11971 Attn: Ms. Heather M. Lanza, Director
Re: Zupa/Paradise Point Assoc.Subdivision
I am addressing ownership of the Basin only because Mr.Anderson erroneously stated during the
hearing that it was owned by the Paradise Point Association.This issue became relevant years ago when
the then powers that were in the Association tried to charge "rent"for use of it.The issue was litigated
with the Association, the Town and the State as parties to the case.The decision by Judge Cohalan was
that it was owned by the Town under the Andros Patent.That decision was affirmed in the Appellate
Division.
The Basin has always been shown on Tax Maps and on underwater land records maintained in Albany as
owned by the Town until a PPA representative had the Tax Map changed to the Association upon an oral
request to Mr.Sherwood the then Southold Tax Assessor.
To preclude any further attempt to have the Basin shown as owned by the Association either by
Subdivision Map or otherwise I include the following:
1. Excerpt from the Judge Cohalan's 2005 decision ruling the Basin is owned by the Town;
2. Letter dated May 16, 2013 from Robert Scott that ownership of the Basin will be changed to the
Town as directed by the Town Attorney;
3. Tax Map revised 5/28/2003 showing Town ownership;
4. Affidavit of Richard Bennett(NY Bureau of Land Management) sworn to on February 16, 2005
that the Basin is owned by the Town under the Andros Patent.
Please insure that any subdivision map filed with your office as a result of the hearing last night correctly
shows that the Basin is owned by the Town of Southold.
Again thank you for your time last night.
Sincerely,
Cc Bruce Anderson � ��.r. � .� �
Excerpt from Cohalan order dated September 29, 2005 and entered October 4, 2005. In Zupa vs
Paradise Point Association, et al. (04-22180)
"As to defendant State of New York's cross-motion for summary judgment, the State
denies a claim of title or interest in the Basin. In support,the State submits an affidavit of
Richard W. Bennett,who avers that the Basin was part of a grant to the inhabitants of the Town
of Southold,by Letters Patent dated October 31, 1676. Mr. Bennett further states that the
records of the New York State Office of General Service, the agency responsible for maintaining
records of sovereign lands, including lands under water, indicate that the land is not owned by
the State. Plaintiff offers no opposition to the cross-motion. Thus,the Court find as a matter of
law that the land beneath the water at the Basin is owned by the inhabitants of the Town of
Southold. Accordingly the cross-motion is granted dismissing the complaint as against the State
of New York."
*� Southold Town Hall,53095 Route 25
Robert I.Scott,Jr.,Chairman P.O. Box 1179
Darline J.Duffy,Assessor Southold,NY 11971-0959
Kevin W.Webster,Assessor Fax: (631)765-1356
Telephone: (631)765-1937
BOARD OF ASSESSORS
TOWN OF SOUTHOLD
May 16,2013
Re: SCTM# 1000-81:1-16.10
Underwater land at the Basin
Paradise Point, Southold,NY
To Whom It May Concern:
The ownership on the above-referenced property will be changed to the Town of
Southold after July 1,2013, as directed by the Southold Town Attorney's Office.
If I may be of further assistance,please feel free to contact my office.
Sincer ,
"obert 1. Scott,Jr.
Chairman
RIS/cg
n J
r ,
mm ..
-L&
O vw
94
Affidavit of Richard W. Bennett, L.S., Sworn to February 16,
2005, With Attached Exhibit A- Andros Patent [Pages 94 — 981
STATE OF NEW YORK
SUPREME COURTS { +OLIO COUNTY
VICTOR J.ZUPA and MARY S.ZUPA,
Plaintiffs,
AFFIDAVIT OF
-against- RICHARD W.BENNETT,L.S.
PARADISE POINT ASSOCIATION,INC.,ET AL
Index No.04-22180
Defendants. RJI.No.
Assigned Judge:
RICHARD W.BENNETT,L.S.being duly sworn, depose and say that-
1. I have been employed by the State of New York as a Land Surveyor since,1989 and have
worked for the New York State Office of General Services from 1989 to 1992 and from 1997 to
date. My current position with that agency is Public Lands Surveyor Fxaminer,in the Bureau
of Land Management.
2. 1 have held that position since 1997.
3. Some of my duties/responsibilities in that position include: reviewing survey maps and title
documents affecting the ownership and location of State-owned lands including sovereign
owned lands underwater and maintaining records and historic maps of State and Colonial
Grants.
1
96
4. I make this Affidavit in opposition to plaintiffs'motion for summary judgment and hi support
of the State's cross motion for summary judgment.
5. The information contained in this Affidavit is based upon records of the Office of General
Services,kept and maintained in the ordinary course of business of that agency.
6. The New York State Office of General Services is the agency responsible for maintaining
records of sovereign owned State lands and determining the ownership thereof including
sovereign owned lands under water.
7. The records of this agency indicate that the land known as the `Basin", in the Town of
Southold,Suffolk County is not owned by the State of New York. Further,the State makes no
claim of title to or interest in the land known as the"Basin".
8. The records of this agency further indicate that the "Basin" was part of a grant to the
inhabitants of the Town of Southold,by Letters Patent dated-October 31,1676. This grant
included all rivers,lakes and waters. (See Exhibit"A"attached-Andros Patent recorded at
Volume 4 of Patents at Page 102).
_.... ..... .... ... ........w .._.._ .----_w.,._----__._-----
RIMARD W.BENNETT
Public Lands Surveyor Examiner
Sworn to before me this
1 day of f l)ruary,2U05. ary ttee.stMe M New York
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09,No,494B712
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Newman Village • Suite E • 2310 Main Street • PO Box 2003 • Bridgehampton NY 11932-2003
t 631.537.5160 f 631.537.5291 -&-kb+
Bruce Anderson,M.S.,President
RECEIVED
SENT lea' EG(IL-I AI
August loth, 2020 A U G 1 12020
Planning Department
Pk' liirflrrg Board
Town of Southold
th ld _,......
P.O. Box 1179
Southold, NY
11971
RE: ZUPA/Paradise Point Association—Affidavit of Mailing/Posting
Situate: Basin Road • Southold,NY • 11971
SCTM#: 1000— 81 — 01 — 16.7 & p/o 1000—081 —01 —29
To whom it may concern,
Our Firm mailed out all required affidavits as well as copies of certified mailing receipts on
August 1 Oth 2020. Unfortunately, the original certified mailing receipts did not make their way
into the envelope with the other requisite documents. Consequently, please find attached
herewith the original certified mail receipts.
Thank you for your time and consideration regarding this matter, should you have any questions
or concerns pertaining to this application please feel free to reach out to this office at any point.
Sincerely,
Robert W. Anderson
(enc.)
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Newman Village o Suite E 2310 Main Street PO Box 2003 , Bridgehampton NY 11932-2003
t 631.537.5160 f 631.537.5291
Bruce Anderson,M.S.,President �rrN
SENT bi,,,REGULAR MAIL Rl E CIE1 VED
August l oth, 2020 A G 1 20
Planning Department � PG� � Boas d
Town of Southold
r�i
P.O. Box 1179
Southold,NY
11971
RE: ZUPA/Paradise Point Association—Affidavit of Mailing/Posting
Situate: Basin Road • Southold,NY • 11971
SCTM#: 1000— 81 — 01 — 16.7 & p/o 1000— 081 —01 —29
To whom it may concern,
Attached herewith please find the following documents in regard to the notice of public hearing
for the subject properties:
1. Affidavit of Posting/Mailing, signed and notarized, one [1] original;
2. Certified Mailing Receipts, originals and one [1] copy and;
3. PS Form 3811 (Green Cards), originals and one [1] copy.
Thank you for your time and consideration regarding this matter, should you have any questions
or concerns pertaining to this application please feel free to reach out to this office at any point.
Si.t�icerely,,
Robert W. Anderson
(enc.)
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
ZUPA & PARADISE POINT ASSOCIATION Properties
by placing the Town's official poster notice(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for at least seven days prior to the date of
the public hearing on August 10t" 2020
1 have sent notices by certified mail — return receipt, the receipts and green return
receipt cards of which are attached, to the owners of record of every property
which abuts and every property which is across on JuIV 25t" 2020
Robert W. Anderson 0 Suffolk Environmental Consulting, Inc.
Your Name
~- iignature
P.O. Box 2003 • Brid eham ton NY • 11932
Address
Date
Not y Public
MATTHEW D. IVANS
NOTARY PUBLIC-STATE OF NEW YORK
No.01 IV6053859
Qualified in Suffolk County
My Commission Expires 01-22
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY: 12:01 noon Fri. 817!20
Re: Zu a 4 Paradise Point Homeowners Association Re-subdivision
SCTM#s: 1000- 81-3-29 & 1000-81-1-16.7
Date of Public Hearing: Monday, August 10 2020 6:01 p.m.
Adjacent Property Owners for Zupa & Paradise Point Resubdivision
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OFFICE LOCATION: 2zz=: MAILING ADDRESS:
Town Hall Annex S1 P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
p COU m�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 14, 2020
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: Zupa & Paradise Point Association Resubdivision
Located at 580 Basin Road, +/- 500 West of Paradise Point Road, Southold
SCTM#: 1000-81.-3-29 & 1000-81.-1-16.7 Zoning District: R-80
Dear Mr. Anderson:
,A Public Hearing has been set by the 'Southold. Town Planning Board for Monday, August
10„ 20201 at :01 p.m.. upon the map entitled "Modification Plat Paradise Point Association,
Inc.," prepared by Howard W. Young, Land Surveyor, dated' February 21, 2018„ and last
revised July 9, 2019.
Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the
Town's notification procedure. The notification form is enclosed for your use. The sign and
the post will need to be picked up at the Planning Board Office, Southold Town
Annex. Please return the enclosed Affidavit of Postin along with the certified
mailincl receipts AND the si ned reen retur
n receipt cards before 12:00 noon on
Friday, August 7th. The sic n and the ost need to be returned to the Planning Board
Office after the public hearinq is closed.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
o
Donald J. Wilcenski
Chairman
Encls.
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) C
Southold, NY vz Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 11, 2020
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: Refund of Fee, Set Hearing & Classify SEQRA
Zupa & Paradise Point Association Resubdivision
Located at 580 Basin Road, +/- 500 West of Paradise Point Road, Southold
SCTM#: 1000-81.-3-29 & 1000-81.-1-16.7 Zoning District: R-80
Dear Mr. Anderson:
The Southold Town Planning Board adopted the following resolutions at a Public
Meeting held on Monday, February 10, 2020:
WHEREAS, on August 6, 2019, one of the applicants, Victor & Mary Zupa submitted a
resubdivision application with the required $500.00 application fee; and
WHEREAS, on September 9, 2019, the Paradise Point Association, the second
property involved in this resubdivision, sent the Planning Board a letter objecting to the
resubdivision application; and
WHEREAS, on December 17, 2020, Suffolk Environmental Consulting, Inc, submitted a
resubdivision application and fee on behalf of both applicants involved in the
resubdivision; and
WHEREAS, on January 13, 2020, at their work session, the Planning Board found the
resubdivision application complete; and
WHEREAS, on January 14, 2020, Victor & Mary Zupa requested a refund of the
resubdivision application fee in the amount of$500.00, as an additional $500.00 was
submitted by Suffolk Environment Consulting, Inc.; and
Zupa & Paradise Point HOA Resubdivision Page 12 February 11, 2020
WHEREAS, February 10, 2020, at their work session, the Planning Board agreed a
refund in the amount of$500.00 to Victor & Mary Zupa; and
WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town
Planning Board shall have the authority to modify or waive, subject to appropriate
conditions, any provision of these subdivision regulations, if in its judgment they are not
requisite in the interest of the public health, safety and general welfare, except where
such authority would be contrary to other ordinances or state law; and
WHEREAS, the Southold Town Planning Board has determined that the following
provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the
interest of the public health, safety and general welfare because this resubdivision does
not create any additional residential building lots, reduces by one the number of
residential dwelling units, and the amount of land being transferred from one lot to the
other is small, and therefore are eligible for a waiver:
a. Sketch Plat Review;
b. Existing Resources Site Analysis Plan (ERSAP);
c. Yield Plan;
d. Primary & Secondary Conservation Area Plan;
e. Preliminary Plat Review; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual
setback and lot line variances and adjustments,"; be it therefore
RESOLVED, that the Southold Town Planning Board hereby classifies this proposed
action as a Type II Action under SEQRA as described above; and be it further
RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of
certain provisions, hereby waives the following provisions of subdivision:
a. Article V. Sketch Plat Review;
b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP);
c. §240-10 (B): Yield Plan;
d. §240-10 (C): Primary & Secondary Conservation Area Plan;
e. Article VI: Preliminary Plat Review; and be it further
RESOLVED, that the Southold Town Planning Board agrees to the refund of the
duplicate resubdivision application fee to Victor & Mary Zupa in the amount of$500.00
and recommends the same to the Southold Town Board; and be it further
Zupa & Paradise Point HOA Resubdivision Page 13 February 11, 2020
RESOLVED, that the Southold Town Planning Board sets Monday, April 6, 2020 at
6:01 p.m. for a Public Hearing upon the map entitled "Modification Plat Paradise Point
Association, Inc," prepared by Howard W. Young, Land Surveyor, dated February 21,
2018, and last revised July 9, 2019.
Please refer to the enclosed copy of Chapter 55 Notice of Public Hearing, in
regard to the Town's notification procedure. The notification form is enclosed for
our use. The sign and the post will need to be picked up at the Planning Board
Office Southold Town Annex. Please return the enclosed Affidavit of Postin
along with the certified mailing receipts AND the si ned reen return recei
cards before 12:00 NOON ON FRIDAY April 3 2020. The sign and the Post need
to be returned to the Planning Board Office after the public hearing is closed.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
cc: Elizabeth A. Neville, Town Clerk
Adjacent Property Owners for Zupa & Paradise Point Resubdivision
SCTM# 1000-81.-1-16.7 & 1000-81.-3-29
1. 1000-81.-1-13.1
2. 1000-81.-1-16.10
3. 1000-81.-1-17
4. 1000-81.-1-18
5. 1000-81.4-19
6. 1000-81.-1-20
7. 1000-81.-1-22
Southold Town Planning Board
Notice to Adjacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of Southold for a
Resubdivision;
2. That the properties which are the subject of the application are located adjacent to your
property and are described as follows: SCTM#1000-81-1-16.7 & 1000-81-3-29;
3. That the property which is the subject of this application is located in the R-80 Zoning
District;
4. This resubdivision proposes to transfer 5,240 sq. ft. from SCTM#1000-81.-1-16.7, the
residential parcel, to SCTM#1000-81.-3-29, the road parcel, in order to provide one
contiguous common access to the docks owned by the Paradise Point Association. As a
result of this re-subdivision, SCTM#1000-81.-1-16.7 will decrease from 75,533 sq. ft. to
70,293 sq. ft., and SCTM: 1000-81.-3-29 will increase from 20,512 sq. ft. to 25,752 sq. ft.
The Zoning Board of Appeal approved of the undersized lot area in variance File: 7186.
This parcel is located at 580 Basin Road, +/- 500 ft. west of Paradise Point Road, in the
R-80 Zoning District, Southold;
5. That the files pertaining to this application are open for your information, by appointment
only, during normal business days between the hours of 8 a.m. and 4 p.m. in the
Planning Department located in the Town Hall Annex on the corner of Youngs Ave. &
NYS Rte. 25, Southold (2nd FI., Former Capital One Bank). If you have any questions, or
would like to request an appointment you can call the Planning Board Office at (631)765-
1938.
Information can also be obtained via the internet:
1. Go to the Town of Southold website www.south oldtownny goy,
2. Click on Town Records/Weblink icon located on the home page;
3. Click on "Planning Dept." folder;
4. Click on "Applications", then "Resubdivisions", then "Pending",
5. Click on the SCTM# (tax map #) of the application (found in #2 above).
Or by sending an e-mail message to lessic:aM �sou'llioldtowi-)n ovv;
6. That a public hearing will be held on the matter by the Planning Board on Monda
August 10, 2020 at6:01 p.m. virtually via the Zoom online platform; that a notice of such
hearing will be published at least five days prior to the date of such hearing in The
Suffolk Times published in the Town of Southold; that you or your representative have
the right to be heard at such hearing.
It is not necessary to attend this hearing to participate. Written comments received prior
to the public hearing date are acceptable. Written comments may be submitted via letter
or email to: Jessica WED,south oldtownny.,;,gov
Petitioner/Owner Name: Victor & Mary Zupa and Paradise Point Homeowners Association
Date: 7/14/2020
OFFICE LOCATION: ZZ;eZz'— AlAILINGADDRESS:
Town Hall Annex p� P.C. Box 1179
54375 State Route 25 Southold, NY 11971
�r
(cor. Main Rd. &Youngs Ave.) r'
Southold, NY �), Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PLANNING BOARD PUBLIMEETING
�
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Monday, August 10, 2020
6:00 p.m.
This Public Meeting will be held virtually via the Zoom online platform.
Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo
in-person access by the public will not be permitted.
Options for public attendance:
e To join via computer:
https://zoom.us/j/96201315386?pwd=OUIJUHgyNOIESVBCVks2dzZ3U3
dvUT09
Or
Online at the website zoom-us, click "Join a Meeting" and enter the
Meeting ID: 962 0131 5386
Password: 681005
Join by telephone:
Call 1 (646)558-8656
Enter Meeting ID and password when prompted (same as above)
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AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
by placing the Town's official poster notice(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for at least seven days prior to the date of
the public hearing on
I have sent notices by certified mail — return receipt, the receipts and green return
receipt cards of which are attached, to the owners of record of every property
which abuts and every property which is across on
Your Name (print)
Signature
Address
Date
Notary Public
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 8/7/20
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Re: Zupa..& Paradise Point Homeowners Association Resubdivision
SCTM#s: 1000- 81-3-29 & 1000-81-1-16.7
Date of Public Hearing: I" rrtlar, Auty�Nst 10, 2020,. 6°01 p,rn.
COUNTY Owy,Fnn SUFFOLKIG _ .._
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Board
Steven Bellone PBaourihi
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SUFFOLK COUNTY EXECUTIVE
Natalie Wright
Commissioner Department of
Economic Development and Planning
April 7, 2020
Town of Southold
Planning Board
P.O. Box 1 179
54375 Route 25
Southold,NY 11971
Attn: Erica Bufkins, Planner
Re-Subdivision: Zupa& Paradise Point Association
Re-subdivision
Suffolk County Tax Map No.: 1000 08100 0100 016007
1000 08100 0300 029000
Suffolk County Planning File No.: LS-G-2440
Dear Ms. Buflcins:
Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County
Administrative Code,the above captioned proposed final plat that has been referred
to the Suffolk County Planning Commission is considered to be a matter for local
determination. A decision of local determination should not be construed as either an
approval or disapproval.
Sincerely,
Sarah Lansdale, AICP
Director of Planning
y Christine DeSalvo
Theodore R. Klein, Principal Planner
Division of Planning and Environment
TRK/cd
H.LEE DENNISON BLDG a 100 VETERANS MEMORIAL HWY,11th FI m P.O.BOX 6100 s HAUPPAUGE,NY 11788-0099 a (631)853-5191
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex soar P.O. Box 1179
54375 State Route 25 �","" Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) ` Telephone: 631 765-1938
Southold, NY vvww.southoldtownny.gov
ONTiu "
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Suffolk County Planning Commission
From: Erica Bufkins, Planner
Date: March 11, 2020
Re: Subdivision Application Review:
• Request for Comments pursuant to Section A14-24, Suffolk County
Administrative Code ' '
• Request for Comments pursuant to General Municipal Law §239 (as a
referral) and Southold Town Code §280-131
The purpose of this request is to seek comments from your agency. Please provide the
following, as applicable:
1. Comments or requirements from the Suffolk County Planning Commission that the
Southold Planning Board should take into consideration while reviewing the
proposed project;
2. Issues of concern you believe should be evaluated;
Project Name: Zupa & Paradise Point Association Resubdivision
Address: 580 Basin Road, Southold, NY
Tax Map #: 1000-81.-1-16.7 & 1000-81.-3-29
Requested Action: This re-subdivision proposes to transfer 5,240 sq. ft. from
S0TM#1000-81.-1-16.7, the residential parcel, to SCTiM#1000-81.-3-29, the road
parcel, in order to provide one contiguous common access to the dock owned by the
Paradise Point Association. As a result of this re-subdivision, SCTM#1000-81.-1-16.7
will decrease from 75,533 sq. ft. to 70,293 sq. ft., and SCTM#1000-81,-3-29 will
increase from 20,512 sq. ft. to 251,752 sq. ft. The Zoning Board of Appeal approved of
the undersized lot area in variance File: 7186. This parcel is located at 580 Basin Load,
+/- 500 ft west of Paradise Point Road, in the R-80 Zoning District, Southold.
Town of Southold 2 Planning Department Referral
SEQRA Classification: ( ) Type I
(X) Type II
( ) Unlisted
Contact Person: Erica Bufkins
Planner
Southold Town Planning Board
(631) 765-1938
For further information, please feel free to contact this office.
Enclosures:
• Subdivision Application Form
• Subdivision Map
• SCPC Referral Submission Cover Sheet
Appendix A - County Referral For
Appendix A—Suffolk County Planning Commission Guidebook
• • • 1 •
• • • • BED
•;' • •
Municipality: 5guthold
Hamlet: S- thold Local Case Number:
District: 1000 Section: 81 Block: 1 Lot: 16.7 Local Meeting Date:
Application/Action Name: Zu a &Pgradise Pgird.Assogialion Resubdjyjgion Public Hearing: es No
Rofrrr. ........._. _..._.-.
Tyrto of f Omrarak SEORA Action:
is AgmmPra„�: Draft EIS Positive Declaration
darning Board or Commission New EAF Final EIS Negative Declaration
Z-oningg , ppeMs Expansion Lead Agency Findings
Town Board/Village Board of PtiAfodwficaticn Draft Scope
Trustees
Brief description of application or proposed action:
This re-subdivision proposes to transfer 5,240 sq.ft.from SCTM#1000-81.-1-16.7,the residential parcel,to SCTM#1000-
81.-3-29,the road parcel, in order to provide one contiguous common access to the docks owned by the Paradise Point
Association.As a result of this re.subdivision, SCTM#1000-81.-1-16.7 will decrease from 75,533 sq.ft. to 70,293 sq.ft.,
and SCTM#1000-81.-3-29 will increase from 20,512 sq.ft.to 25,752 sq.ft.The Zoning Board of Appeal approved of the
undersized lot area in variance File: 7186.This parcel is located at 580 Basin Road, +/-500 ft.west of Paradise Point
Road, in the R-80 Zoning District, Southold.
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one
mile of a nuclear power plant or airport or within 500 feet of.,
- A municipal boundary;
The boundary of any existing or proposed county, state,or federal park or other recreation area;
The right-of-way of any existing or proposed county or state road;
An existing or proposed county drainage channel line;
- The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary or any of the foregoing bodies of water,
The boundary of county,state, or federally owned land held or to be held for governmental use;
The boundary of a farm located in an agricultural district.
Comprehensive Plan (Adoption or Amendment) Subdivision
Zoning Ordinance or Map (Adoption or Amendment) Use Variance
Code Amendment Area Variance
Official Map Special Use Permit/Exception/Conditional Use
Moratorium Site Plan
Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission, The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements,
Additional Application Information
- Action Previously Referred to Suffolk County Planning Commission Yes No
- Adjacent Municipality Notified (see NYS GML 239 nn) Yes No N/A
Located Within Long Island Pine Barrens Zone Yes No
Workforce/Affordable Housing Yes No N/A
Energy Efficiency Yes No N/A
Zoning Board of Appeals Approval Yes No N/A
- Suffolk County Department of Health Approval/Comments Yes No N/A
- New York State Dept.of Environmental Conservation Approval/Comments Yes No N/A
New York State/Suffolk County Dept.of Public Works Approval/Comments Yes No N/A
- Suffolk County Sanitary Code Article 6,Groundwater Management Zone- 1 11 111 IV V VI VII Vill
Contact Information
Municipality Southold Town Department/Agency: Flrannina 'aartsT qnt
Contact Name: Erica Butkioas Email Address:encab@southol„c gWnnu r9ov
Phone Number: 631 Z§5.- 93
Applicant: Mary&Victor Zupa �(.�...�..............-.m._.
Applicant:Paradise Point Association Contact Name: Bruce Anderson
OFFICE LOCATION: . MAILING ADDRESS:
Town Hall Annex � :' w P.O. Box 1179
54375 State Route 25 �� �� Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) "fir Telephone: 631 765-1938
Southold, NY
wwwsoutholdtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 11, 2020
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: Refund of Fee, Set Hearing & Classify SEQRA
Zupa & Paradise Point Association Resubdivision
Located at 580 Basin Road, +/- 500 West of Paradise Point Road, Southold
SCTM#: 1000-81.-3-29 & 1000-81.-1-16.7 Zoning District: R-80
Dear Mr. Anderson:
The Southold Town Planning Board adopted the following resolutions at a Public
Meeting held on Monday, February 10, 2020:
WHEREAS, on August 6, 2019, one of the applicants, Victor & Mary Zupa submitted a
resubdivision application with the required $500.00 application fee; and
WHEREAS, on September 9, 2019, the Paradise Point Association, the second
property involved in this resubdivision, sent the Planning Board a letter objecting to the
resubdivision application; and
WHEREAS, on December 17, 2020, Suffolk Environmental Consulting, Inc, submitted a
resubdivision application and fee on behalf of both applicants involved in the
resubdivision; and
WHEREAS, on January 13, 2020, at their work session, the Planning Board found the
resubdivision application complete; and
WHEREAS, on January 14, 2020, Victor & Mary Zupa requested a refund of the
resubdivision application fee in the amount of$500.00, as an additional $500.00 was
submitted by Suffolk Environment Consulting, Inc.; and
Zupa & Paradise Point HOA Resubdivision Page 12 February 11, 2020
WHEREAS, February 10, 2020, at their work session, the Planning Board agreed a
refund in the amount of$500.00 to Victor & Mary Zupa; and
WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town
Planning Board shall have the authority to modify or waive, subject to appropriate
conditions, any provision of these subdivision regulations, if in its judgment they are not
requisite in the interest of the public health, safety and general welfare, except where
such authority would be contrary to other ordinances or state law; and
WHEREAS, the Southold Town Planning Board has determined that the following
provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the
interest of the public health, safety and general welfare because this resubdivision does
not create any additional residential building lots, reduces by one the number of
residential dwelling units, and the amount of land being transferred from one lot to the
other is small, and therefore are eligible for a waiver:
a. Sketch Plat Review;
b. Existing Resources Site Analysis Plan (ERSAP);
c. Yield Plan;
d. Primary & Secondary Conservation Area Plan;
e. Preliminary Plat Review; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual
setback and lot line variances and adjustments,"; be it therefore
RESOLVED, that the Southold Town Planning Board hereby classifies this proposed
action as a Type II Action under SEQRA as described above; and be it further
RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of
certain provisions, hereby waives the following provisions of subdivision:
a. Article V. Sketch Plat Review;
b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP);
c. §240-10 (B): Yield Plan;
d. §240-10 (C): Primary & Secondary Conservation Area Plan;
e. Article VI: Preliminary Plat Review; and be it further
RESOLVED, that the Southold Town Planning Board agrees to the refund of the
duplicate resubdivision application fee to Victor & Mary Zupa in the amount of$500.00
and recommends the same to the Southold Town Board; and be it further
Zupa & Paradise Point HOA Resubdivision Page 13 February 11, 2020
RESOLVED, that the Southold Town Planning Board sets Monday, April 6, 2020 at
6:01 p.m. for a Public Hearing upon the map entitled "Modification Plat Paradise Point
Association, Inc," prepared by Howard W. Young, Land Surveyor, dated February 21,
2018, and last revised July 9, 2019.
Please refer to the enclosed copy of :ha ter 55 Notice of Public Hearing, in
regard to the Town's notification procedure. The notification form is enclosed for
our use. The sign and the post will need to be picked up at the Planning Board
Office Southold Town Annear. Please return the enclosed Affidavit of Posting
along with the certified mailing.receipts,AND the signed green return recei t
cards before 12:00 BOON ON FRIDAY Aril 3 2020. The si n and the post need
to be returned to the Planning Board Office after the public hearing is closed.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
cc: Elizabeth A. Neville, Town Clerk
Southold Town Planning Board Work Session - February, 10, 2020 -,Page,2.
Project Name, Gonzalez Standard Subdivision j SCTM#: 1000-27-1-9
Location: 2050 Platt Road, approximately 1,823' south of NYS Route 25, Orient
1-1111, � -.............. 1-11f:fi - I -- . .... "if 'i""" - - ' -' - - - . - -....... . -
Description: is proposal is for the standard subdivision of a 4.29-acre parcel into
two lots, where Lot 1 is 2.07 acres and Lot 2 is 2.22 acres in the R-80
Zoning District. This parcel is located on Platt Road, 1,830' south of
S.R. 25.
Status: Conditional Final Plat Approval
i--Action: Approval Extension
.. ........... A
i Attachments,,:, Staff Report -- ------------- ... ....
............ ...
Proiect Name 's Storage Buildings SCTM#: ' 1000-106-6-13.4
............ .......... ... ...... .. ...
J,Strong
Mattituck
Location' 34 1 30 11 M-i-11 Road
Description: This site plan is for the proposed construction of two (2) buildings for boat"
storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on
32.6 acres in the Mll and R-80 Zoning Districts where there are 69,245
..sq ft of,existinci boatyard buildings.
Status- Pending
Action: Update
Attachments, Staff Report
..............me.... ... ....................
.......... ....... .... .... ...........
Project Name". Eastern Long Island I SCTW 1000-40-3-5
Kam Long
Amended
..........
Location: 64500 CR 48, Greenport
Description: s This amended site plan is for the proposed construction of 20 seasonal
cabins at 450 sq. ft. each and a 600 sq. ft. pavilion as part of an existing
........campground on 23.32 acres in the RR Zoning, District,'L Greenport.
..........
Status: New Application
.. .. .............. .....
Actiom i Completeness
Attachments: ..... .......I Staff Report
...................
FProject-Nam-e:- Zup"a & Paradise"Point HOA SCTM#- 1000-81-1-16.7 &
Resubdivision 1000-81-3-29
Location: 580 Basin Road, Southold
Description: This resubdivision proposes to transfer 5,240 sq. ft. from SCTM#1 000-
81.-l-16.7, the residential parcel, to SCTM#1000-81.-3-29, the road
parcel, in order to provide one contiguous common access to the docks
owned by the Paradise Point Association. As a result of this
resubdivision, SCTM#1000-81.-1-16.7 will decrease from 75,533 sq. ft.
to 70,293 sq. ft., and SCTM#1 000-8l.-3-29 will increase from 20,512 sq.
ft. to 25,752 sq. ft. The Zoning Board of Appeals approved the
undersized lot area in variance File: 7186. This parcel is located at 580
Basin Road, +/- 500 ft west of Paradise Point Road, in the R-80 Zoning
District, Southold,
Status, Pending
Action: Completeness
Attachments'. ;_Staff Report
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date February 10, 2020
Prepared By: Erica Bufkins
I. Application Information
Project Title: Zupa & Paradise Point Association Re-Subdivision
Applicant: Douglas Ciampa & Bruce Anderson
Date of Submission: August 6, 2019 --
December 17, 2019
Tax Map Number:: 1000-81.-3-29 & 1000-81.-1-16.7
Project Location: 580 Basin Road, +/- 500 West of Paradise Point Road
Hamlet: Southold
Zoning District: R-80
II. Description of Project
Type of Subdivision: Re-subdivision
Acreage of Project Site: 1.67 acres
# of Lots: 2
This re-subdivision proposes to transfer 5,240 sq. ft. from SCTM#: 1000-81.-1-
16.7, the residential parcel, to SCTM#: 1000-81.-3-29, the road parcel, to provide
common access to the docks owned by the Paradise Point Association. As a
result of this re-subdivision, SCTM#:1000-81.-1-16.7 will decrease from 75,533
sq. ft. to 70,293 sq. ft., and SCTM#: 1000-81.-3-29 will increase from 20,512 sq.
ft. to 25,752 sq. ft. The Zoning Board of Appeal approved of the undersized lot
area in variance File#: 7186. This parcel is located at 580 Basin Road, +/- 500 ft.
west of Paradise Point Road, in the R-80 Zoning District, Southold.
III: Status
Complete
IV: Action to review
Refund of Application Fee
V: Project Analysis
On October 25, 2018, the applicant received an approval from the Zoning Board
of Appeals for a variance of the undersized lot area in File#: 7186.
On August 6, 2019, one of the applicants, Victor & Mary Zupa submitted a re-
subdivision application and fee.
Page 2
On September 9, 2019, the Paradise Point Association, who is the second
property involved in this re-subdivision, sent the Planning Board a letter objecting
to the re-subdivision application.
In order for a re-subdivision application to be accepted for review, both property
owners involved must sign the application form, transactional disclosure form,
and authorization letter agreeing to the re-subdivision proposal.
On December 17, 2019, Suffolk Environmental Consulting, Inc. submitted a re-
subdivision application and second fee in the amount of $500 on behalf of both
property owners involved in the re-subdivision.
On January 13, 2020, the Planning Board found the Re-subdivision application
complete.
On January 14, 2020, Victor and Mary Zupa requested a refund in the amount of
$500.00 for the re-subdivision application fee that was submitted with the original
application made by the Zupa's on August 6, 2019.
• STAFF: An additional fee was submitted by the Suffolk Environmental
Consulting, Inc, with the application submitted on December 17, 2019.
VI: Items for Consideration
1. Does the Planning Board agree to refund the fee in the amount of $500.00
to Victor & Mary Zupa and recommend the Town Board do the same?
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date January 13, 2020
Prepared By: Erica Bufkins
I. Application Information
Project Title: Zupa & Paradise Point Association Re-Subdivision
Applicant: Douglas Ciampa & Bruce Anderson
Date of Submission: August 6, 2019 --
December 17, 2019
Tax Map Number: 1000-81.-3-29 & 1000-81.-1-16.7
Project Location: 580 Basin Road, +/- 500 West of Paradise Point Road
Hamlet: Southold
Zoning District: R-80
II. Description of Project
Type of Subdivision: Re-subdivision
Acreage of Project Site: 1.67 acres
# of Lots: 2
This re-subdivision proposes to transfer 5,240 sq. ft. from SCTM#: 1000-81.-1-
16.7, the residential parcel, to SCTM#: 1000-81.-3-29, the road parcel, to provide
common access to the docks owned by the Paradise Point Association. As a
result of this re-subdivision, SCTM#:1000-81.-1-16.7 will decrease from 75,533
sq. ft. to 70,293 sq. ft., and SCTM#: 1000-81.-3-29 will increase from 20,512 sq.
ft. to 25,752 sq. ft. The Zoning Board of Appeal approved of the undersized lot
area in variance File#: 7186. This parcel is located at 580 Basin Road, +/- 500 ft.
west of Paradise Point Road, in the R-80 Zoning District, Southold.
III: Status
New Application
IV: Action to review
Completeness
Waivers of Requirements
SEQRA Classification
V: Project Analysis
On October 25, 2018, the applicant received an approval from the Zoning Board
of Appeals for a variance of the undersized lot area in File#: 7186.
Page 2
On August 6, 2019, one of the applicants, Victor & Mary Zupa submitted a re-
subdivision application and fee.
On September 9, 2019, the Paradise Point Association, who is the second
property involved in this re-subdivision, sent the Planning Board a letter objecting
to the re-subdivision application.
In order for a re-subdivision application to be accepted for review, both property
owners involved must sign the application form, transactional disclosure form,
and authorization letter agreeing to the re-subdivision proposal.
On September 16 2019,_planning staff sent a letter to the first ro erty owners
involved in the re-subdivision Victor & Mary Zupq reguestin the following:
1. A notarized letter from the Paradise Point Homeowners Association
(PPHA) authorizing Victor Zupa to make this application on their behalf, or
an authorized signature from the PPHA on the application form indicating
their official participation in the resubdivision application (please see
attached objection letter from the PPHA regarding this application);
• STAFF: Submitted.
2. Resubdivision map showing the entirety of both parcels involved in the
resubdivision;
• This map must describe the area proposed for transfer, and what
the total acreage of each lot is before and after this resubdivision
proposal;
• STAFF: Submitted.
• Proposed property lines should be shown with dotted lines and
existing property lines shown as solid lines;
• STAFF: Shown on Re-subdivision Map.
• A small sketch showing the before and after configuration of the
parcels. This is achieved through an outline of the property lines of
both parcels before and after the resubdivision;
• STAFF: Shown on aerial provided by staff.
3. Transactional disclosure forms signed and submitted by all property
owners;
• STAFF: Submitted.
4. Existing deeds for both parcels involved;
Page 3
• STAFF: Submitted.
5. Certificates of Occupancy for all existing structures on both of the parcels
involved;
• STAFF: Submitted for Zupa parcel.
6. Both owner (Zupa & PPHA) signatures on the Environmental Assessment
Form;
• STAFF: Submitted.
7. A DEC permit as required through the covenants filed on October 31,
2005;
• STAFF: Not yet submitted.
8. Draft deeds for the resubdivision including the statement, "The Southold
Town Planning Board approved of this resubdivision on "
• STAFF: Shown on Re-subdivision Map.
Resubdivision Application Completeness
... �.._ ---—.. ..�.. ...... .__ ...... . .
Required Submitted
Cover Letter Yes
Re-Subdivision Application Form Yes- .��� .... .... 6 ... __
Authorization Letters Yes- Suffolk Environmental Consulting, Inc.
Bruce Anderson, both property owners concurred
Transaction Disclosure Form Yes
Yes
Pro ert Deed. W _. .... .....- �........_.._. a��.....
Copies of Easements, C&Rs "Y
es,
p Recognition Yes
Proof the arcel meets Lot R � � -_____-__�
Certificates of Occupancy Yes - Submitted for Zupa lot
Part I of the Env. Assessment Form N/A
Yes
6 p - shown on aerial provided
6 Copies of the Re-subdivision Plan Yes - ad
ditional information
inclusive of the following: by staff.
• Existing and proposed acreage for each lot;
• Existing and proposed lot configuration for each
lot;
• Existing lot lines shown with dashed lines and
proposed lot lines with solid lines.
Draft Deeds inclusive of the statement: Shown on Re-subdivision M
..........�m_ ap
• "The Southold Town Planning Board approved of
this re-subdivision by resolution on (insert
approval date), as shown in Exhibit A, the
Planning Board's Final Approval resolution
Modification Must be�submitted prior to Final Approval
Schedule with legal description of Lot Line _
LWRP Consistency Form Yes
Page 4
Waivers
Pursuant to Town Code §240-56 Waivers of Certain Provisions, the Planning
Board may waive certain elements of the subdivision review
§240-56 Waivers of certain provisions.
"The Planning Board shall have the authority to modify or waive, subject to
appropriate conditions, any provision of these subdivision regulations, if in its
judgment they are not requisite in the interest of the public health, safety and
general welfare, except where such authority would be contrary to other
ordinances or state law."
After reviewing the information submitted for this application, it is recommended
that the Planning Board waive the following requirements and steps of the
subdivision review process, as they are they are not requisite in the interest of
the public health, safety and general welfare:
a. Sketch Plan - Article V
b. Existing Resources Site Analysis Plan (ERSAP) - §240-10 (A)
c. Yield Plan - §240-10 (B)
d. Primary & Secondary Conservation Area Plan - §240-10 (C)
e. Preliminary Plat- Article Vl
The recommendation to waive the above listed provisions of subdivision is
_justified by the reasons listed below:
1. The Paradise Point Association members access their docks over the
Zupa property, and the driveway on the Zupa property ends where the
new lot line is proposed.
2. The residential lot is developed and affirming this lot line change will not
affect the character of the community,
3. No additional development potential will come as a result of this re-
subdivision;
4. Basin Road was created as access for the Paradise Point subdivision. In
approving of this re-subdivision proposal, a small portion of Basin Road,
which is currently owned by the Zupa family, will be transferred into the
ownership of the Paradise Point Association to make the road one
contiguous piece;
Page 5
5. The amount of land proposed for transfer is 5,240 sq. ft.
SEQRA
Pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part
617, the proposed action is a Type II Action under SEQRA.
Suffolk County Planning Commission
The application must be referred to the Suffolk County Planning Commission for
comment.
Recommendations
1. Consider finding this Re-subdivision application complete;
2. Consider classifying this action as a Type II Action;
3. Consider waiving requirements of a Standard Subdivision pursuant to
§240-56 Waivers of Certain Provisions for the reasons stated above at the
Public Meeting scheduled for February 10, 2020.
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex o P.O.Box 11 Southold, NY 11971
54375 State Route 25
(cor. Main Rd. &Youngs Ave.) �" " Telephone: 631 765-1938
Southold,NY www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 15, 2020
Mr. Bruce A. Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: Zupa & Paradise Point Association Re-subdivision
580 Basin Road, Southold, NY
SCTM#: 1000-81.-1-16.7 & 1000-81.-3-29 Zoning District: R-80
Dear Mr. Anderson,
The Planning Board reviewed the above referenced application at their Work Session
on January 13, 2020,. and found the resubdivision application complete. This application
will be classified as a Type II Action under SEQRA, and therefore is exempt from
review.
Due to the nature of this application, the Board agreed to waive the following items of
subdivision review at their Public Meeting scheduled for February 10, 2020, as they are
not requisite in the interest of the public health, safety and general welfare:
a. Sketch Plan - Article V
b. Existing Resources Site Analysis Plan (ERSAP) - §240-10 (A)
c. Yield Plan - §240-10 (B)
d. Primary & Secondary Conservation Area Plan - §240-10 (C)
e. Preliminary Plat- Article Vl
f. Preliminary Hearing - §240-19 (C-2)
If you have any questions, please do not hesitate to contact this office at 631-765-1938.
Respectfully,
Erica Bufki s
Planner
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, January 13, 2020
4:00 p.m.
Southold Town Meeting Hall
3:00 p.m. Executive Session — (Discuss litigation: Elite Towers cell tower in Laurel)
4:00 p.m. Applications
Project Name: f Z� a ...... _ _.
upa & Paradise Point Association SCTM#: 1000-81.-1-16.7 &
. _Paradise Point Road,;®
1000 81 3-29
Resubdivision 00 ft west of Para _
Description: This 80 Basin Rd, / 5 d Southold
subdivision proposes to transfer 5,240 sq. ft. from SCTM: 1000-
81.-1-16.7, the residential parcel, to SCTM: 1000-81.-3-29, the road f
1 parcel, in order to provide one contiguous common access to the docks
9 owned by the Paradise Point Association. As a result of this re-
subdivision, SCTM: 1000-81.-1-16.7 will decrease from 75,533 sq. ft. to
70,293 sq. ft., and SCTM: 1000-81.-3-29 will increase from 20,512 sq. ft.
to 25,752 sq. ft. The Zoning Board of Appeal approved of the undersized
lot area in variance File: 7186. This parcel is located at 580 Basin Road,
+/- 500 ft. west of Paradise Point Road, in the R-80 Zoning District,
r
Southold.
Status: New App lication
Action
_
Completeness
Attac
_ aff Report hments Stm ._.. __ . .� . . .. �. .
Project name. Mazzoni Standard Subdivision SCTM#: 1000-13-2 8.2
Location: 500 Soundview Drive, approximately 782' to the north of NYS Route 25
and 256' to the
of
und View Drive,
ent
Description: This proposal is forta Standard Subdivision a 22.94 acre parcel in� to 5
lots where Lot 1 = 2.17 acres, Lot 2 = 1.78 acres, Lot 3 = 2.14 acres, Lot
4 = 0.73 acres, Lot 5 = 16.15 acres inclusive of a 1.14 acre right-of-way,
8.58 acres of Open Space and 6 acres of a Conservation Easement j
held by the Peconic Land Trust (PLT) located in the R-80 Zoning {
I District. 1
Status Conditional Sketch Plan Approval 1
Action: 1 Review for Conditional Preliminary Plat Approval i
Attachments: Staff Report
Suffolk Environmental Consulting,
Newman Village - Suite 1E - 2310 Main Street PO Box 2003 - :➢:3ridgeharn:lpton NY 1.:1.932....2003
t6.3:1.537,5160 f 63 1.. 3705291
Bruce Anderson,M.S.,President Hand Delivered
December 17, 2019 1'
Southold Town Planning Board
Town Hall
P.O. Box 1179 -
Southold, New York 11971 .......dPlanr:irrq Bt:'rar
Re: Paradise Point Association/ Basin Road &Zupa Properties
SCTM#'s: p/o 1000-81-1-29, 1000-81-1-16.7
Dear Members of the Board,
This Firm represents the owners of the above referenced properties, who are seeking your regulatory
approval to modify the existing lot line between the two lots by transferring roughly 5,240 square feet of
land from the Zupa property(SCTM#: 1000-81-1-16.7)to Basin Road (SCTM#: 1000-81-1-29)thereby
removing the Association docking facility from the Zupa lot.Therefore,the Zupa lot would be entirely
residential in use, resolving a long standing zoning determination wherein two principle uses exist: a
residence and a marina. Attached herewith you will find;
1. Re-Subdivision application form; six (6)copies;
2. Authorizations from all property owners authorizing the re-subdivision as well as authorizations
from all parties authorizing our Firm to represent the applicants
3. Open Government Transactional Disclosure Form;six(6) copies;
4. Short Environmental Assessment Form; six(6) copies;
5. Location Map depicting the site location; six (6) copies;
6. LWRP Consistency Assessment Form;six(6)copies;
7. Property Deeds for all involved parties; six(6) copies;
8.. CO's for all existing buildings (Zupa Parcel); six (6)copies;
9. Easements,Covenants, and Restrictions as reaffirmed by Memorandum Decision dated October
24, 2004 (Index#22402/02), and prescriptive easement as re-affirmed by Order entered January
21, 201 (Index#07001235); six (6)copies;
10. Draft Deeds prepared by Anthony Pasca Esq. on September 28, 2019;
11. Modification Plat—Lot Line Modification last dated July 9,2019 and Modification Plat—
Existing Conditions Map dated July 9,2019 prepared by Young and Young, Surveyors: six(6)
copies and;
12. Copy of Zoning Determination (#7186)filed with the Southold Town Clerk on October 25, 2018;
and
13. Check made payable to the Town of Southold in the amount of$500.00 in satisfaction of the
required application fee.
"OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex "?� P.O. Box 1179
54375 State Route 25 " ° �✓ t Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
eou +�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 19, 2019
Victor & Mary Zupa
580 Basin Road
Southold, NY 11971
Re: Zupa & Paradise Point Association Resubdivision
Located at 580 Basin Road in Southold
+/- 500' east of the intersection of Basin Road & Paradise Point Road
SCTM#:1000-81.-1-16.7 & 81.-3-29 Zoning District: R-80
Dear Mr. & Mrs. Zupa,
In review of the Resubdivision application submitted on August 6, 2019, the application
is incomplete. For the Planning Board to process this application, the following must be
submitted:
1. A notarized letter from the Paradise Point Homeowners Association (PPHA)
authorizing Victor Zupa to make this application on their behalf, or an authorized
signature from the PPHA on the application form indicating their official
participation in the resubdivision application (please see attached objection letter
from the PPHA regarding this application);
2. Resubdivision map showing the entirety of both parcels involved in the
resubdivision;
a. This map must describe the area proposed for transfer, and what the total
acreage of each lot is before and after this resubdivision proposal;
b. Proposed property lines should be shown with dotted lines and existing
property lines shown as solid lines;
Southold Town Planning Board Page 2 September 19, 2019
c. A small sketch showing the before and after configuration of the parcels.
This is achieved through an outline of the property lines of both parcels
before and after the resubdivision;
3. Transactional disclosure forms signed and submitted by all property owners;
4. Existing deeds for both parcels involved;
5. Certificates of Occupancy for all existing structures on both of the parcels
involved;
6. Both owner (Zupa & PPHA) signatures on the Environmental Assessment Form;
7. A DEC permit as required through the covenants filed on October 31, 2005;
8. Draft deeds for the resubdivision including the statement, "The Southold Town
Planning Board approved of this resubdivision on ".
If a revised and completed application is not submitted to the Planning Department
within 90 days of receipt of this letter, the resubdivision application will be considered
withdrawn.
If you have any questions, please do not hesitate to contact this office at 631-765-1938.
Respectfully,
Erica Bufkins
Planner
ESSEKS, HEFTER, ANGEL, DI TALIA & PASCA, LLP
D F
Py MAIN OFF 1 _77 COUNSELOM AT LAW 108 EAST MAINICE STREET
k S tti P.O. BOX 279
RIVERHEAD, NY 11901-0279
r E..... ' """: SOUTHAMPTON OFFICE
STEPHEN R.ANGEL
(BY APPOINTMENT ONLY)
CARMELA M. DI TALIA
ANTHONY C, PASCA September 4, 2019 30 MAIN STREET
AMANDA SEAR FRAZER
SOUTHAMPTON, NY 11968
CHRISTINE PERRUCCI d�)v,dll
U.S.SMITH Via Mail IITmVVIIVgV"III If:k)&d
EAST HAMPTON OFFICE
LISA D.TYMANN
(BY AP PO I NTM E N"f ONLY)
MARCIA Z. HEFTER Southold Town Planning Department 34 PANTIGO ROAD
LISA J. ROSs Town Hall Annex Building EAST HAMPTON, NY 11937
Kim A.SMITH
PATRICIA M.CARROLL 54375 Route 25
Southold NY 11971 www.EHALAw.coM
,
KEVIN A.MCGOWIN (631) 369-1700
KIMBERLY A.ORINGER FAX:(631)369-2065
WILLIAM W.ESSEKS Re: Victor J. Zupa, et al. v. Paradise Point Association, Inc. (NOT FOR SERVICE)
RETIRED Index No. 12-27815
Dear Sir or Madam:
We represent Paradise Point Association, Inc. ("PPA"). We recently
learned that a Re-subdivision application was submitted to the Southold Town
Planning Department by Mary Zupa/Victor Zupa("Zupa") on or about
August 6, 2019, seeking a lot line modification of property located at 580
Basin Road, Southold NY and pertaining to parcels identified on the Suffolk
County Tax Map as parcel nos. 1000-81-1-16.7 (580 Basin Road- owned by
Mary S. Zupa) and 1000-81-03-29 (Basin Road- owned by PPA).
We write to advise you that PPA had not reviewed the application
prior to its submission by Zupa,nor does PPA consent to the application in its
current form. PPA has not authorized Zupa to act on its behalf.
Respectfully yours,
Amanda Star Frazer
Submission Without a Cover Letter
i
F� Il �laPkV� 6��
S ub..D ect L ev Z-J ' f'6 ` :
SC`TIP 1000 - J
Date: :
Comments:
LIST OF MATERIALS TO BE SUBMITTED
1. Draft re-subdivision application;
2. Property deeds for 580 Basin Rd. and for Basin Road;
3. Certificate of Occupancy for home on 580 Basin Road;
4. DEC and Trustees restrictions on use of the property; health department restrictions on
waste water contained in draft deed shown in number 9 below
5. Decision of the ZBA dated October 23, 2018;
6. Short environmental assessment form as filed with the health department and DEC;
7. Application fee of$500 (to be provided);
8. Six copies of survey dated May 10, 2018 by Nathan Corwin showing existing conditions
on the parcels involved and the new lot line between 580 Basin Rd. and Basin Road;
9. Draft deeds conveying parcel of land to the Association and residential parcel to Victor J
and Mary S. Zupa;
10. Letters dated July 11, 2019 and August 5, 2019 making application to the health
department for lot line approval;
11. DEC permit application detail showing the status of the DEC application made;
12. County tax map (dated) showing the location of 580 Basin Rd.; and
13. 1963 subdivision map of Paradise Point which shows that 580 Basin Rd. was not part of
the subdivision.
Kindly commence you review of this application at your earliest convenience.thank you for your time
and consideration on this matter.
o
Sincerely,
Bruce A.Anderson
Cc. D. Ciampa, President, Paradise Point Association
M. Zupa
RECEIVED i
C 17 1„„
Han ning IC oaird
SOUT OLL PLANNING DEPARTMENT
Re-subdivision (Lot Line M odiication)
Application Form
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the
proposed RE-SUBDMSION described herein:
se Point
1. ngmal Subdivision Name Para
... —. .. .......-
2. Suffolk County Tax Map # (include all tax map parcels involved)
1000-81 - 03 -29, 1000-81 -01 - 16.7
3, Hamlet Southold Town
. Street Location 580 Basin Road, Southold, New York, 11971
S. Acreage o Site 1.67 acres
. Zoning District -80
7, Date of Submission 1963
8. Please provide the names, addresses and phone numbers for the following
people:
Applicant: Dougglass C:iaui a• Presudeovt Paum,acluse Point Association
4380„Paradise Point Road*Southold,NY 11971
(718) 755-8872
�'�"� •'a�a��(���.�c��rr,q���:duc�i��.,ra of°aap,��a
8. (cojahmeel) IMease provide the names, addresses aind phione numbers ror (he
rofiowing people;
Ageiil: Hnice A Andemon-Suffolk Environmenial Copsulfing,Inr-
P.O.Box 2003 Dridgeharqpton,NY 11932
(631).537,5160
hwver/)°011,11el'(5):Mary S,Zura
580 Basin Road,Southold,MY 11971
(631) -765-6112
Howard IV,Yount Young&Young Land Surveyors
Ostraodcr Avenue,Riverhead,,NY 11901
(6311-727-2303
land Surveyors_.
4f 0 NY 11901
(631 PZ7-2303
Anggj�kj T:aI1;L,
&Pasca,LLP
108 East Main Street,Riverhead,NY 11901
(631)-30-1700
9. Briefly describe the proposed lot line change and state reason(s) for requesting same
The lot line change transfers 5,240 square feet from The Zupa lot
(SCTM#: 1000-81-1-16.7) to Basin Road (SCTM#: 1000- 81-329) thereby
removing the Association docking facility from the Zupa lot. Therefore
the Zupa lot would be entirely residential in use resolving a long standing
zoning determination wherein two principle uses exist: a residence and
marina.
10. DOES THE PROPOSED MODIPICATION
(a) AfFect the street layout in the original subdivision? No
(b) Affect any area reserved for public use? No
(c) Diminish the size of any lot? Yes
(d) Create an additional building lot? No
(e) Create a nonconforming lot? Yes*
Require a variance from the Zoning Board of Appeals? Yes variance granted
(g) Impact the future planning of the subject properties? No
11.Does the parcel(s) meet the Lot Recognition standard in Town Code §2-80.-9 Lot
Recounition? Yes X . No-, If'"yes", explain how:
Lot line created SOLIthold Town on April 11"'. 1963
12. Does this application meet the standard in_�240-57 . Waiver,, aqjust ment of property
lines to waive the subdivision process? If so, please provide the name and date of the
1-original subdivision. Paradise Point 04/11/ 963
0 1 1 1...........
13. Application completed by ] owner agent other
Upon submitting a completed application, the Planning Board will review the
proposal and determine if the project is eligible for a waiver of subdivision review
pursuant to Town Code § 240-57. Wriver. at]justment of prollerty lines. If the
application meets the criteria for a waiver, the modification may be authorized by
the Planning Board by resolution and no further review will be required.
If the proposed lot line modification will create substandard lot sizes, lot widths or
make existing structures nonconforming with respect to setbacks, the applicant will
not be able to receive Planning Board approval without first obtaining relief from
the Zoning Board of Appeals.
Signature of Prepay Date
T?e
October 3, 2024
AUTHORIZATION LETTER
I,Gordon Henry, President of Paradise Point Association,Inc.,owner of the
property identified as SCTM#1000-81-01-29 at Bayview,T/O Southold, NY,
hereby authorize Young Associates Attn: Thomas C.Wolpert, P.E. to act as my
agent and to handle all necessary land surveying and civil engineering work
involved with the subdivision application process for this property with the
Southold Planning Board.
Signature:
Sworn before me this day of CY� 2042—q
'0"t�'. Down Johnson
Notary Pu6Hc,State of New York
." 'NoOIJ06Js405i
vi
Quaen in�a�ui"fA County
��u�+ Cowrouswo qua tCttyy0 Z
�
October 3, 2024
AUTHORIZATION LETTER
I, Mary S.Zupa,owner of the property identified as SCTM# 1000-81-01-16.7
at Bayview,T/O Southold, NY, hereby authorize Young Associates Attn: Thomas
C.Wolpert, P.E.to act as my agent and to handle all necessary land surveying and
civil engineering work involved with the subdivision application process for this
property with the Southold Planning Board.
Signature:
Sworn before me this day of i� Lj-.r- 20 9' l
cue o Dawn Johnson
Notary Public,Stale ofNewYork
I c No OIJ06349053
Quaalilled in SniTolk County
�"onanalion l�a�lakr�� 1011ll20�$
BOARD MEMBERS Southold Town Hall
53095 Main Road+P.O. Box. 1179
Leslie.Kanes Weisman,Chairperson
Southold,NY 11971-0959
Patricia Acampora r Office Location:
y nor
Eric Dames ,,,; Town Annex/First Floor,
Robert Lehnert,Jr. �� ���, ��� 54375 Main Roadat Youngs venue)
i Y Avenue)
Nicholas Planamento r,f ' Southold, NY 11971
)�w j
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809-Fax (631) 765-9064
October 23, 2018
Bruce Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
ICE: ZBA Appeal 47186, Zupa
580 Basin Road, Southold,
SCTM Nos. 1000-81-1-16.7
Dear Mr. Anderson;
Transmitted for your records is a copy of the Board's October 18, 2018 Findings, Deliberations and
Determination, the original of which was filed with the Town Cleric regarding the above application,
with copies forwarded to the Planning Board and Building Department.
Please contact the Planning Department regarding the next step in this subdivision process.
Sincerely,
Kim E, Fuentes
Board Assistant
Encls.
cc: Building Department
Town Clerk (Original for filing)
Planning Board
BOARD MEMBERS Southold'Town Hall
Leslie Kanes Weisman,Chairperson �� 80 � 53095 Main Road •P.O. Box 1179
h Southold,NY 11971-0959
Patricia Acampora Office Locat on:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road tat Youngs Avenue)
Nicholas Planamento � 00 Southold,NY 11971
http://southoldtowmy.gov RECEIVED
ZONING BOARD OF APPEALS M1tA T3't 04M
TOWN OF SOUTHOLDr OCT 2 5 2018
Tel.(631) 765-1809 •Fax (631) 765.9064
S 0 X)0-1 AdT a.nnC Ir
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 18, 2018
ZBA FILE: #7186
NAME OF APPLICANT: Mary Zupa/Paradise Paint Association
PROPERTY LOCATION: 580 Basin Road (Adj. to Southold Bay), Southold NY
SCTM NO. 1000-81-1-16.7 & 1000-81-3-P/O 29
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 11 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 May 17, 2018 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
LWRP QETFRMLNA'JJON: This application was referred for review under Chapter 268, 'Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront. Revitalization Program (L`NW) Policy
Standards. The LWRP Coordinator issued a recommendation dated July 17, 2018. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review.
SOLITHOLD TOWN PLANNIWNQ BQA1 Q_ In a memorandum dated July 12, 2018 the Chairman of the Southold
Town Planning Board offered the following positive commentary and supports granting of the variance on ZBA
File#7186 Mary Zupa/Paradise Point Association's request to re-subdivide and separate the residential lot from the
Paradise Point Association docks and road access.
"There will be no increase in density potential or changes to community character, as this re-subdivision
merely proposed to formalize the way the property is currently being used. The Paradise Point Association
members access their docks over the Zupa property, and the driveway on the Zupa property ends where the
new lot line is proposed"
PROPERTY FAC:"IS DESCRIPTION: The subject (SCTM 1000-81-1-16.7), 75,533 square feet non-conforming
peninsula-shaped waterfront parcel measures 51.65 feet running the width of Basin Road then 76.49 feet along a
residentially developed lot turning north and running 151.77 feet along the same lot to Southold Bay and following
a bulkhead west 197.36 feet with a slight angle northwest and continuing 115.50 feet to the tie line along the high
watermark, then running 130.31 feet north along a jetty that is 21.63 feet wide at the northern tip, then running
south 137.80 feet along the same jetty's western font and turns 1.32 feet east where the jetty meets land, then runs
Page 2, October 18, 2018
#7186,Zupa
SCTM No, 1000-81-1-16.7
64.53 feet, 88.53 feet, 14.7 feet and 49,80 feet along bulkhead following an uneven canal then turning north 11.74
feet along the same bulkhead before joining tidal wetlands southeast 16.86 feet, 26.99 feet, 17.54 feet, 47.66 feet,
43.78 feet, 69.40 feet, 28.02 feet, 8.13 feet1.35 feet, 40.99 feet, 14.42 feet, and south 10.06 feet along the Basin
before returning 27 feet to Basin Road, along a second residentially developed lot. The site is developed with a 2-
story frame house with garage below, a brick front walk, wood decking on the north side of the residence and pool
with brick patio and wood deck on west side of the home, A buried propane tank, generator, 4 air conditioning
units and pool equipment are placed on either side of the residence that also has a wood dock with ramp and
floating wood dock on the Basin, along with a second, larger wood dock, ramp and floating wood dock to the east,
closer to Basin Road. Basin Road (SCTM 1000-81-3-P/O 29) consists of 20,512 square feet and is an irregular
shaped, upland parcel which measures 51.65 feet running the width of Basin Road, shared with a residentially
developed parcel (the subject) and runs southeast 1011.9 reet in front of Lot 4 (as defined by Map of Section One
"Paradise Point" Suffolk County File number 3761, all residentially developed), then continues 100 feet in front of
Lot 3, then 101.81 feet in front of Lot 2, then 100,03 feet in front of Lot. I before turning south 50.76 feet
establishing the eastern width of Basin Road before returning west 85.92 feet, 10 1.16 feet and 109.63 feet, and 120
feet in front of Lot 6 and Lot 5 as shown on the survey prepared by Howard W. Young, Licensed Land Surveyor
and dated February 21, 2018.
BASIS-OF APPLICATION: Request for a Variance under Article 111, Section 280-14 and the Building Inspector's
April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line
modification; at: 1) proposed newly created lot having less than the code required minimum lot size of 80,000 sq.
ft.; located, at: 580 Basin Road, (Adj. to Southold Bay) Southold,NY, SCTM#1 000-81-1-16,7.
RELIEF REQ LSTE.D: The applicant requests a variance to transfer 5,283 square feet from the subject non-
conforming
conforming lot(SCTM 1000-81-1-16.7)to Basin Road(SCTM 1000-81-3-P/0 29), also a non-conforming lot.
ADDITIONAL fNRQ The applicant and their agent indicated that the purpose of this transfer is to
satisfy a condition placed on the subject (SCTM 1000-81-1-16.7) lot's prior variance, ZBA Decision 45266 issued
August 2, 21004 which allowed the applicant to residentially develop the site where two principal uses exist: a
residence and a marina, on the condition that the marina use be removed from the residential property or additional
variance relief be sought for the two principal uses. The transfer of this land from the subject property to Basin
Road will remove the large dock structure and place it correctly on lands owned by Paradise Point Association, Inc.
The inulti-slip dock structure services the Paradise Point, private, neighborhood. During the public hearing, the
applicant asked the Board to support his application in order to remove the marina use from his property and
comply with the condition previously imposed in ZBA Decision 45266 .
FINDINGS OF LAcf/ REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on October 4, 2018 (adjourned from August
2, 2018) at which time written and orat 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 §267-b(3J(L)K1 . Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The Paradise Point neighborhood consists of larger lots all
with homes in a wooded, waterfront setting. The private access roads are narrower than the surveyed privately-
owned lots associated with there. Both the subject property and Basin Road exist and there would be no material
change in the condition of the lands affected. By the transfer of 5,283 square feet of area, front the subject
residence to Basin Road, adjacent lot SUM 1000-81-1-17 will no longer require an easement to access the road
Page 3,October 18,2018
#7186,Zup,a
SCTM No. 1000-,81-1-16,7
and the association's dock structure will be correctly placed on lands owned by Paradise Point Association, Inc
allowing all members enjoyment without passing over the subject property. No noticeable difference in the road
structure, character of the neighborhood or residences will be visible to those using the road or on the water.
2. Town Law §167-1b(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. Because the subject parcel is a peninsula in shape,
surrounded by water there is no other alternative to access the property. Additionally, given the road access
necessary for the homeowner to enter their property and for the other Paradise Point Association, Inc. members to
access their community dock, there is no other feasible solution than an area variance to remedy access. The
proposed lot line change effectively separates the Association Marina from the residential parcel of the applicant.
3. Town Law §2,67-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 6.6%
relief from the code. However, residents of Paradise Point Association, Inc. already use the roadway and travel
over the subject property to access the association dock. Furthermore, an immediate neighbor to the subject
property, SCTM 1000-81-1-17, will no longer need an easement to access their home. The roadway and the visual
character of the streetscape will remain the same as will the access for the subject property. Lastly, this
resolution will satisfy a condition required in ZBA file 45266 and the transfer of land, 5,283 square feet
in area, represents a small fraction of the land area contained in the subject property and Basin Road.
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 and there
is no material change in the condition of the parcels involved in the proposed lot line change.
5. Town Law 267-bQ(b)(5.). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was ill effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of t.he parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a single-family residence in compliance with a ZBA condition while preserving
and protecting the character of the neighborhood and the health, safety and welfare of the community,
RESQ1AJT10N OF THE_'130AR"Q: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Weisman
(Chairperson), and duly carried,to
GRANT the variance as applied for, and as shown on the survey entitle "Survey for Paradise Point
Association, Inc."prepared by Howard W. Young, Licensed Land Surveyor, and last revised September 11, 2018.
Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays
andlor a possible denial by the Building Department of a building permit, and inay require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation front the variance(s) granted herein as shown on the architectural drawings, site plan andlorsurvey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformilies under the zoning code, Phis action does not authorize or condone any current or future
use, setback or other feature of the subject property that inay violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Page 4, October 18,2018
#7186,Zupa
SCTM No. 1000-81-1-16.7
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
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), Dantes,Acampora,Planamento and Lehnert. This
Resolution was duly adopted(5-0).
Leslie 1 an s Weisman
Chairperson
Approved for filing Iv / /2018
DEPARTMENTSOUTHOLD PLANNING
I, Mary S. Zupa, owner of the property identified as SCTM# 1000-81-1-16.7 in Southold,
NY hereby authorizes Suffolk Environmental Consulting, Inc. to act as my agent and
handle all necessary work involved in the site subdivision/site plan process with
the Southold Planning Board.
y ; 42
Sworn before me thi Fday of 2W
[Notary Stamp]
N 0. 0 1 CAE5V)3r 178
OuE,tiodred iri S uft(AWk, coLi,nty
omm iss� on Expires Nov. 14,20
South,old,flanning Department
Applicant
Transactional Disclosure Form
The Town of Southold's Code of Ethics prohibits contlicts or interest on the part of to"n officers and emVtoveCs.._ThcpWq,5g,q[
this ft)rm is to p L qyiLe.information which can alert,the tow of"p2ssibIle canflicjs of interest and allow it to take whatever action is
...... re
................
necessary to avoid same.
Your name: ZuT)a,Mary,S.
(Last name,first name,middle initial
unless you are applying in the name of someone else or other entity,such as a company.If so,indicate
the other person's or company's name.)
Nature of Application: (check all that apply)
Subdivision or Re-subdivision x Site Plan
Other(please name other activity
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 than 5%of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
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
the actual applicant.
DESCRIPTION OF RELATIONSHIP
Brother in law 7 4)0
..............
..........
............................
Submitted this day of 201
Signature,
Print Name Mary S.Zupa
S®UTHOLD PLANISTING DEPARTMENT
I, Douglas Ciampa, President of Paradise Point Association, owner of the property
identified as SCTM# 1000-81-3-29 in Southold, NY hereby authorizes Suffolk
Environmental Consulting, Inc. to act as my agent and handle all necessary work
involved in the site subdivision/site plan process with the Southold Planning
Board.
Douglas Ciampa
Sworn before me this. -b_day of Gam- 20ij
[Notary Stamp]
tdLIA V.DAWSON
Nola Public,State of New York
No.01 DA6136264
Qualified in Queens County
Commission Expires Nov.7,2021
Southold Planning Department
Applicant
Transactional Disclosure Form
The Town of Southold's Code of Ethics prohibits conflicts ofinterest on the part of town officers and cuiplovecs.The atrnosc raf
this form isto rovide information which can alert th tpwn000ssible conflicLs of interest and allow it to take whatever#cdon is
li
P
Your name: Qw—npa,,DogglM,President.Paradise Point Association
(Last name,first name,middle initial
unless you are applying in the name of someone else or other entity,such as a company-If so, indicate
the other person's or company's name.)
Nature of Application: (check all that apply)
Subdivision or Re-subdivision x Site Plan
Other(please name other activity _
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
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 than 5%of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
the legal or beneficial owner of any interest in a non-corporate entity(when the
applicant is not a corporation);
an officer,director,partner,or employee of the applicant or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Brother in law
...........
Submitted this-7 0y)a f 201
Signature
Print Name Doup-las Ciampa.President,Paradise Point AssocklLion
6/7.26
Appeaefix B
11101,1,16olls
Pori � - Project tho apphemt or 1'.)roj(�ct q,)on,or is f6l, 0m colnplefit)n id llarl 1,
ho,onn,e part of Ifie or ark,: ro6n� and rrra� l'ic to
(7omplete Paiii�.t 1, based on infoi�°rmation ctinrently a%,gfflable, lfaddidoiazfl msearch or invesligationi wotfl' be needed ai fiffly
rcsrx)nd to,rugs imn, p�ea%e anm%VT as thOTOU"Ml ' aS possNe bisvxl on emrreint fnfoirfnarion.
Complete all iterns in Pai't 1, Yoti may also provide any additional inronnation Wilcfii fotx Nflieve%vM lie neeM by or meftil
to tfie head a aitach additional pagps a!;a nece,asw% to,stipplenlierilt any ftenxw
Pa rt I - Project and Sponsor I nforniation�
Name of Acfion or PinjeM
ZTJPA./ PARADISE POINTASSOC.'11ATION 11ASI .C. AuD Property
Fla*ct Location(desoibe,and attach a locition rnap)�
580 Basirl Rfm.d. * Souitfu-)W, New'York * '11971 (see attached location map)
Brief Desc-Aption of Proposed Action,
j, j(�(gl I J I 6,7)-!(�
�Lk, feQj� fi�ofll ffie Z11,1",!L_L
'Fhe NoL fine c1-tam", ------
-——-—--------
Basin R sc,"TWl: '1000.81-012 ift ,4SS0Ciqtkqi d,ocljtj f rc)i n
0 Z�.ttptL.IflL[ Wmild be erifirely res i iti i deral n ti&,` resolyi ly� at to ri
[0t. Thel"Of(AW 11 le
zor-iirq',, detLm Ir'linatioll Whet h 1: o V I I �_�_NJSL: a residerice arid a rlru-Brfiia .
Naine Tf Or sponwr: Telephone (631)537. 5160
Bruce A.Anderson @ Suffolk Environmental Consulting,Inc. FAlafl: aaca�a� tar,� te �raatan spa
O.Box 20al
Zip(7'(Xfc�
Udjehamplon 14Y 11932
S"a,
L Does the pm)posed-action onlw imvokv the le�-Wathv adopflon ol'a plan. Iocal kns,, oirdimance� N,administinadve rLde,or regulation'l
If Yes,attach a marrUN'cdescripflon of the nntent of rthe propose iction mid the environnventzfl req)twes types N F1
Wes the proro,,ol JOi,00 a 1 rm l,aPl:iroN,,d or fimd4ig from NO Yl'-S
1x,ndt or iprmaf;
NYS Departmerit of Erwiro.rilnent2d,Cortservation,Southold Town.Zondng Board of El
Appeals,Suffolk County Dept, of Health Services
3 acreage cd'(,hositt�of Ow propowd aedon�V 2,.2± acres
h.ToTal acmatge tobe pl'aysicaflydlsttifbcd? n n BCIVS
I o(al eaL"c(I Yot t S 1( m0 an, 1,1bl,(wl,;',I"tYw'°wB o,q Vlvll
acres
dca la (,wr proJe,Ct �"l W1,VuOdl
4 Clun0 all land tLA-.'that ocetir on, A;oin4q, and near Me pF,(,);N).scd acfion,�
r.]Urkin [JlndUStrW [:3Comirncrda1
E-3 arrest iNgrick0twu X.A qtwic F_300 er(specify,'r
............_
5, Isthepvopondacdon, NO YES VA
a.A perni'med use under die mmlngregulationvj� El 0 F1
h ComWem "ith Mot aduptal mnip,rdicAve Nanj' El
6, k the pn,'yoscd jvthm emAgmg wWi dw prv&m5wit chairueo�r'oftoi,eNk'61rg NiHt oT nalund� NO YES
jaidwaKill E_J El
lie it,�,I A re
7, h tho owafle pvNxislacdon lcvaied i o ordous kadjoht.a state listed Critical Eirrviron W7. No vf,�
lf's'es. El r_1
8, a, Will result in a subsurinfial incrca intraffle above presentle%ekl NO VLS
1-a D—
�b, Are public trawspoi tation 5cr%k:e,(s) avaWhk3 or or near the site ofthe pmpused action? [X] D—
v !we any pakmHan accommodWs or hkyeN muwi mahWe on or nearsne ofthe projx)sLcl ac6or? 1-1 130
9, Does tho proposed mdatumon or craven tho state cnarg,,w code reqtfireanewsrj NO YES
it the prOP k DSCd aoon wili e%ceed reN m itdreents,desaiibe design features mid techrwlwJcs°
10. AIH the [vvol�ooic�d wkni conneut to an W&W QHephwe wMer sqpll I't,S
If Nom desciribe method For pro%idiime potable water WA-Prop.lot We modification
D El
11. VV H!the jwcTosed ackmi conmut to exlsting wasqe%�ater utilkles'l VES
[I: No,desodbeineWd Or pro%Whg wmamatolmament 141A-Prop.lot line modification E-1
12. a Devi the site comain a mrw1ure thu is Wd on cNiathe Sum(w NwWwl RgNm"W"Wwrly NO pn ES
phcm?� N El
hn k dw ropowd Won bwd 411 m archcokygic al sciasDiva ann? 0 1:1
13, & lkvs am,rdmi ol'the srte oftho proposod WwL cw 1mois afc�ining the proposed Won.cunt*j 'So YES
%vetialuk or ozhe�°'K regi�ikaed ko a fudeml. smie ix local agency",j 2—
l), %Votfld the ix,oposed actbri physkalb a Rm or awmach W wq e�,Jsdng%�adand or, watt,*ml�? r;m
iryk Won$ Q and extent.of afteradorlis ini a:mtjtkajv f�t,;t oraxxes� LLILJ IT
14, Idendly the qpikaal habitzH 1,�pes Mot mcuron.ormv Rolm be UK an Oe pqem ChwkaHOwtapoy.
LU Shoreline 13 Wo D AQW01 gm"hmk 13 WY nWmemmAnal
10 %Vefland []t lrban [A S(lbkIrtian
Is 1kvS Me WW 0TdW pnvomm noon avWn anp Slrrxi of aiiiintal, oam wea,xiaicd [titbitars, flsred No YES
by Ow Smw or Federal governmeiat-,vs,ffireatenod oii r7
Lai ❑
16. Is the prxa�oct ske locawd ki 0w P60 w t�s� Jjt;u(l 1)11in] NO ns
-11�] AXL
11 M!H M e pjNmA a 0 hn c nom e swnn w ater di A wge,eifl�w r Crom poill C or mus rw 1 nt sou n:al PM) VD,'
If Nks, , l � �ge'" fl(�%k t0adjacera rniertio,'? E 1�oa. Will stonn
K MMI wmm mw Wsdmgo be Tuved u;nwNNkd emne)aneu qstwas frunWmid storm dAnsP
IF Ws.b0m) dwasm E]t�,�o [:jV,I's
----------
lQue 2 or4
D(K:,tla JVCrPOa C'd Union Kludu ctnhinwihmi or An a cARN,than; r"A In nfiw
"ma ow Nha QUA Qn retsuion pmkL %vasw hgocv dannYj
W cxp"�.On Pur .pk)Sr.
19, KLs the nt.e oUthc propked iwkli or an aju,'Wng propLa) b.,en dw MWlakll twam avk"W CKWA V) pn E-S
soud "u4c Immagonon WAY
W Nit dva%� N El
2w 1,the A of0w pmpowd Won w an udliNning properi.% hi,-en the sub.iecl ofreinediation(ongoinv or�, '01_ YES
contpleted) Cor In vw-dou�%�aLsle,j
V Nit dewribL:
I AFFIRM THU III F INFORMATION 1110KIIJED 10110%F IS TRUE AND UIV RATE TO IN t REST OF `IN`
KNOU IA DGL
[law: May 29,2019
sfrouiv;
Part 2 - Impact A"c"imral The Lead Agenc) K reVomiMe Dw the cumplohni ni Part 2. Answer all ofthe
crintknis in!In 2 Ang the inbrinathn contaked in Pan I and rather matt-riak subinitted bG the proiect tip-mSoror
othernive a0hable 10 the ICAMUL I&Knans"ahl the qUWAIIIS the MOVel'ShOUld be prided L% the concept "I Ime ln�
r"pons"'i been rca,onable considering the. wak mW vontev okh,°propo�, 'd action'?"
'No. or Moderate
Small in hWgU
impact hilpact!
I11,11 lna®
aicvur WC U r
iN 111L,propo,;Ld a;—cOon creaLe an rimtodal conAt Ah an Qjqal Ad use Pan cw
El EJ_
it "IH Me Pr(p ac a don resnit in chan u ge in dic se or in v, o O terwi� fk�,e 'land'i r—n
Li ED
WH ihL,prcq-x,,,,kM aakm hqmh we clnaar,paten car quaH[) of th, exAss cougn"Qf
t % M dw pigNmal aohm We mi haquo on do on�ironfftWAI [ 1M tJW,,j M
L
1 1 W dw pwjN:,,:d aKaalin rL",uh hi an Kew Wyo lit do exkQ 0%of 4 rmf&
arkU CAM&V inAstmewiv Rw ma"marBI bAMp w xulwy El El
6 W t i li tlG. vt-(,q,c)s� d as&n W U W a H i cl ,bt k,° 1 I I t I i o u o I at id it f""i i t 0 h woqvm rx,-�
a%Aab�:,UrLJLI LOHcvvmil,JJ o� ,',I —
7 %kIH rlaw propowd ardor impwi El
K puNk rlbtan%"Nu,m mor livulmou LUNWO
X, AM dw pwphk aohm in,dr the characto"a WmH; 01rupaimn QuQ.avchak:o k,,. 4:olj
Il?tcctaar,al a'u ,a ,data c
J
all do qiqwsal Won rvouk in an mhurn chm,T to"mum!wvmg,e, 0 El
growi,]%�atLr.,,,6r Ilona an,I faninu
Me 3 of 4
Na,or lraduar°army
small maa dmmrge
dm'mapmm dmm'mp'mamaam
my ryrmap
m.mmma uu r occur
dgyp, W�ampadmp a a'O arm�m m�d action III suit _,
" � �� ualpa rmm m�,w.r°II 'uwam mmramrm„�w mmu'the�� � m�d datum murmrmsrmvaw'mm p,���pammdmllm ou mdrou'raa��
dm mm��
11, environmental rrmadrmm�u
Will them tutu°mom mam°,�m� mmm�n:smm m� ,m�mmmm�m�m�r�m..
�. d a�d to mmmmm�mamrmrumm., m marmramamrm or dmm.rrlllmaamm pmmdmdm"
Paum°'m d m Dcma^m'mmmdmrmrmdamum a,'%ignd'fi aamcej The ixamirm %genc is rvapramormawm:mdc d"amr.m�dmaw a mmmammpadmpmmrm mud"m'mm& d` r ewry
rdmmion 1 d% 2'd'u a was arrrmsmw"ol wrio da mG." to Qv Wpm rma) rwa&or W dwm is a iweGad to is.gkjir'8 a parlicIVlar
, proposed aarr maa� r um"mdd not r�rm�aadm in as��mddau"rdd�m mmm�da� u���m* vdra�mmmm rmm' d impact,p'mdms corrrpade�mam plwt 3,
u�da�� ma,rum �"udm��w action
plaart 3 should,in sufficient dem mL ddmumamir) 'md"um:dlrmad a;mw dm'ua;drum'dro°mg any mmmeaamaua'res or desigri O m'mm mmms that dmmma'e pven mrmcdrmde m dm l
Ow pmlllmm eco a,p','m soirto avoid or reduce dum'q mnsl Pam 3 should aada eaapda W d'aaabaar mp°me led magen-ey a'd m m°"rrradmmed and"rat 101 impact
rrraa;'p or ^avrdd ('to(,(' - f aach pmrmtentdrmd drrmprra:a No(jPmd d Oct�amrr�pmdma�rmrp.a.rr���a�mmmdwwm;��'stm,darrp°,pp�dm��rmN a ��rrrm�urr
duration" prr°m. a r H"sdrorddrmpw padtic scolxd an d rmrumparrdmuw('10, rm d�mmm m.,mmr�rmdm�r°mpsr a pau'm�twmdard dear°.rdwrmrtm•m�dwarr, dmearw�,��aaarrr.r awrwd�
eurrmmud mma'ma mml6 pac(s^"
® C dr tNli,mpmm.a bam'.a 1fy � m�f9 ,mld' m���a and���aam);saapm�p"ma�rmrrmpp,dmm��rrrrrmnia C6" mrr,
mdm�rm admen prraupmmmsel ama a�mamm mmmmpaa��Qol ml,irudmuuae mr iamm�.r rpas�reni uqud��iG rwumad mmmuu^a�'d,drI na;amrmm a"er•,ic rrmmpaa cls and an
uumm°0 Ir'r:mummaaammmmrrd rmr'rpmamamm rrmaulrmmurMmm k mammap'll.mur•ea a
Eldam�'rlrmr ,a 'm'mad aan wu.rppAm,fing�dm.m�"4.11ll'mmGa"rm(lmmruJ7rj'
mprm�aa m.dme rlrmm�aa'mlaa�ad ammTm�dmarm aaund ammam u�rmrmd�,d�aaaa���rpV rm mdrmw mrmd°aarm'rm�ammimrrm�Irmmd�u°m�pp��rr��mdurub�r m
d d
� mm� Im ar^u r� and mm��ur rasa a�
�mmadm in ay .all rermrdmrr"arrm aadammm'ar amrr%rmµamnmamakrrmaad mmpmauc'mrba
"d;ummma,of d,mwad Agency
da.am
prrdrma a 1)p s Name of Resprmmmr.rddm o,0fficc em °ncm �d"dmdr orRv praa�lrmr'ppr , Meer
r rrm �d. d p
mraaaumrua m�f Id r mrram de m'�ppddm��a n d,a�mrud ,���row �_
dp��w @ m xwr�rrmuure"a rap"p� q�"rramr°pdd�adrpdamli° urm p°rearm dmapmaar'arprodr�.mpa�r"'d
BASIN ROAD / ZU'PIA Property
SCTM#s: 1000-81-01-16.7 & 1000-81-01-29
Situate: 580 Basin Road • Southold, New York • 11971
'00
w,
I
N;
10,00
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I 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).
3e 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 LVVRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall n-ot-b.e.undertaken.
A copy of the LYvRP 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.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 81 - 01 29 - SCTAI-9 81 - 01 16.7
The Application has been submitted to (check appropriate response):
Town Board E] Planning Dept. M Building Dept. F] Board of Trustees E]
I 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) El
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Attach additional sheets if necessary
Location of action: 580 Basin Road # Southold,New York, 11971
Site acreage: 2.2 Acres*(SCTM#:1000-81-01-16.7.1.7tacres)(SCTM4: 1000-81-01-29:0.47 acres)
Present land use: Residential/Marina
Present zoning classification: R-80
I 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: Paradise Point Association c/oDouglass Ciampa
(b) Mailing address: 4380 Paradise Point Road,Southold, New York 11971
(c) Telephone number: Area Code(718 )-755-8872
(d) Application number, if any: N/A
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes E No [-] If yes, which state or federal agency? NYSDEC
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 LWR-P Section III-Policies;Page 2 for evaluation
criteria.
F-1 Yes [] No Z Not Applicable
The Above referenced Policy does not apply to,.Lhg pr:oLosed pro[egf in that the project is_'tO,_Enod1fy an
existing lot line.
..........
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
F-1 Yes n No M Not Applicable
Pol'icv 2 is noLD -it,stApitact parceNcannel-be�deemed a sucinfia�bst hjstorlc and/or
L�plicn-ble In thacannel-
archaeological resources.,-
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III-Policies Pages 5 through 7 for evaluation criteria
[] Yes [-] No M Not Applicable
This Prgject is comolian-1 with:tl"ie above referenced F,2gllc in lbat there will be no adr dlfion or alteration of
an existing StrUcture resulting in the obstrugfion or decIr-iotion of scn is
e resources in ffiow e Town_g�f Souff)(',)lrJ,,
lbe LilLoj_ _f
e-c-:L( ' the existing !ot line, Conise genfil thiis project is consistent wittj-)e_above
referenced Policy.__
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III-Policies Pages 8 through 16 for evaluation criteria
F-1 Yes F-1 No Z Not Applicable
Policy 4 �s [IgI gDolicable in that the pro osall does no involve any potential for loss of life, sh�! Ctyres, an.d.
natural resources from flogdlnqanq[_grosion.
Attach additional sheets if necessary
Policy 5.Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
F-1 Yes [:] No M Not Applicable
Polic 5 not apolicable because the ine,
K. rolect is only to modify an existing jot
............ . .......
mm
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LW Section III -Policies; Pages 22
through 32 for evaluation criteria
F-1 Yes F-1 No M Not Applicable
Policy 6 is not applicable because theDLoLqct is only to modify an existing lot line., ..... ...
.... ............ .......
...............
... .............. ......
...........
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III ®Policies
Pages 32 through 34 for evaluation criteria
,El Yes El No M Not Applicable
P li�qyj I�
0 is cr -_)Ijcqble becClUse he �L_L a fty gn existinq lot Iln , which wik not result in
ainv r)hvsical dlsturbaace to the swrogndin,2_ enviirotDment....
Attach additional sheets if necess
ssary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria.
F Yes � No M Not Applicable
Policy a_Lb_DNi -.)osal does not Involve disoosal an-j- -in�portgflon of:solid waste,
_qt otoolicable in tNi- he orm (i o[trc
hazardous wostetQ?cig ollutants, and etroleum pro,diticts................
..... ....... ......
...........
Attach additional sheets if necessary
PUBLIC COAST POLICIES
Policy 9. Provide for public access to,and recreational use of,coastal waters, public lands,and public
resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation
criteria
M Yes E] No F-I Not Applicable
the above re er e�nced policy.,is not arn licable in that the lea cation o p f the act is within a pdvate
cqrnmL. ii� rate dockina facilit . Also the r)roie is only pro osing to mo&Karrexisfi�o lot line,
which will not effect the pLibriq§.access to any town lands. ..............................
......... ...... .....
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in
suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria
E] Yes [:] No Z Not Applicable
The above referenced Policy Is not, ly.to modify an
axistijoofjine. ..............
...........
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic
Estuary and Town Waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria
F-1 Yes El No M Not Applicable
Pgllcy 1_j_jS_not gp jicable in th L-it the proposal do es not any form of marine re g gce min
a
p,
(i.e. commercial fisheries, recreational fisheries,aggacU lure, etc—),
..........
..............................................................................
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes [:] No Inj r��71 Not Applicable
Policy 12 is not appHcaUe in t1wA the prop doesnotinvoIve aq !L�t ALg fjands (i.e. the cony erscon of
gaq� — Q ..
fqmulgns.J.the estaUishment andjor maintenance of:new cogsta6 agricultural production, etc...
.............. ..............
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
n Yes 0 No 0 Not Applicable
Policy 13 is not applicable in that the propgsqLdrmes not iLLy lye-jbe conservation of energy reSOUrges on a
comrnerclal [eve I a L)(j&Ltta,. ,promofion of alternative energy sources, groper maintenance of fuel storaae
facilities and or the extraction of mineral extraction. ........
................ .. ....
Attach additional sheets if necessary
I I III I II III III 1111 I II I ff I I I I II I I I
fl IIIIIIIIII 11
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD Recorded: 04/23/2002
Number of Pages: 7 At: 10:30:23 AM
TRANSFER TAX NUMBER: 01-36364 LIBER: D00012181
PAGE: 887
District: Section: Block: Lot:
1000 081.00 01 .00 016.007
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $250,000.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $21.00 NO Handling $5.00 NO
COE $5.00 NO EA-CTY $5.00 NO
EA-STATE $25.00 NO TP-584 $5.00 NO
Cert.Copies $0.00 NO RPT $30.00 NO
SCTM $0 .00 NO Transfer tax $1,000 .00 NO
Comm.Pres $3,500.00 NO
Fees Paid $4,596.00
TRANSFER TAX NUMBER: 01-36364
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
iw_, Z w
k
RECORDED
Number of pages 2002 :tor 23 10:110:23 Rf1
TC7RRENS Edward P.Romaine
CLERK OF
SUFFOLf•: CO�IT4
Serial#, _ L D00012181
Certificate# G c j7
DT# 01-36364
Prior Ctf.#_
Deed 1 Mortgage Instntrnent Deed Y Mortgage Tax Stamp Recording/Filing Stamps
4 1 FEES
Page I Filing Fee Mortgage Amt.
Handling 1.Basic Tax
TP-584 2.Additional Tax
Notation Sub Total
EA-5217(County) Sub Total — Spec./Assit.
Or
EA-5217(State) Spec./Add.
R.P.T,S.A. - " TAT.MTG.TA7
Comm.�of Ed.. 5 4� Dual Town' Dual County
' Held for Apportionment
Affidavit 4 Transfer Tax to
Certified Copy Mansion Tax
The property covered by this mortgage is or
Reg.Copy will be improved by a one or two family
Sub Total rlh > dwelling only.
Other YES or NO
GRAND TOTAL If NO,.see appropriate tax clause on;page#
of this instrument.
1 Real Property Tax Service Agency Verification 6 Conuaxu itY Preservation Fund
i'liqt. section Block Lot Consideration Amounts 5z ,J
02004705 CPp T
Stamp �.000 or�loo oioo ox�ao� � axbue � 5,�5Zau --
p
Date
(RPRSK)A
t i P�P1� Improved
Initials `�, Vacant Land x
9 Sstisfactions/DiscliargeR/Releas ,Sr List itl~TU�TyGD:wner5 Mailing Addres TD
TD .
TD
1 Title Company Information
iCo.Name ,
9 Suffolk C .ecordin & Endorsement Page
This page forms art of the attached made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
,r SUFFOLK COUNTY,NEW YORK.
Ts "
�..� 'I"0 In the Township of
r
( In the VILLAGE
or HAMLET of
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Dear Taxpayer,
Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy
for your records.
If a portion of your monthly mortgage payment included your property taxes, L you vill ng—w negd-A-
to.c9ntactyQgr1oqal-T own Tax-Receivers that you ma bc_billed directly for all far re ro e
tax-bills.
Local property taxes are payable twice a year: on or before January I Oh and on or before May
31". Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst,N.Y.11757 Riverhead,N.Y. 11901
(516)957-3004 (516)727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
250 East Main Street Shelter Island Town Hall
Port Jefferson,N.Y. 11777 Shelter Island,N,Y. 11964
(516)473-0236 (516)749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
Fast Hampton,N.Y. 11937 Smithtown,N.Y. 11787
(516)324-2770 (516)360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington,N.Y. 11743 Southampton,N.Y. 11968
(516)351-3217 (516)283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Road
Islip,N.Y. 11751 Southold,N.Y. 11971
(516)224-5580 (516)765-1803
Sincerely,
Edward P.Romaine
Suffolk County Clerk
dw
2/99
Standard NX-B.T.U.Fomf 9002-Bargain and Sale Dt,%1,wish Cowww apLw Cm;tar's Arts--Ur@brm Acknowledgment
CONSULT"Y'OLAWYER BEFORE SIGNING TWS INSTRUMENT-Tnas INSTRUMENT SROULD BE
USED BY LAWYERS ONLY
as of
THiS INDENTURE,madq'the 5t1Y day of 2002 ,
✓ J
BETWEEN CHANCY D.CURRY,olo Roy Jaynes„244 Greenwich.Avenue,Greenwich,C1,06830„G,ARRE H
SINNINe, 00 Walohung Drive,Hawthorne,NJ 075i P D F SO THOLD,INC.„P.O.Box 724,4`'..
Southold,NY 11971 and GILMAN J.I-tAt_t.EI CtS,tJAt�r�t" Mot GILBERT HALLENBECK at 13821 53"Road alk)a GILMAN H.HALLENBECK,deceased, idIng South,Lake Worth,Florida 33467,
pursuant to Ancillary Letters of Administration C.T.A,under File No.357 P 2002 of the Surrogate's Court,
Suffolk County.
** a/k/a Garry Sinning
***and as Successor Trustee of the Gilman Hallenbeck Restatement of Trust AgrL nt
dated as of April .16, 1999
party of the first part,and MARY S.ZUPAA ,esiding at 719 Weed Street,
New Canaan,Connecticut D6840
party of the second part, the sm of $250 00b 00
WtTNESSETH,that the party of the first part,in consideration off Viand 01h4r valuable
consideration paid by the party of the second part,does hereby grant and release unto the party of the
second part,the heirs or successors and assigns of the party of the second part forever,
ALL that certain plot,piece or parcel of(and,with the buildings and improvements thereon erected,situate,
tying and being at Southold,in the Town of Southold,County of Suffolk and State of New York,being more
particularly bounded and described on Schedule'A'annexed hereto and made a part hereof.
T the Extent Grantors have are interest in, or title tot Ole jetty vhiicli is
contiguous to the nortlm*st comer of the premises anai teach is shown on a survey
dated Jaan=Ly 7, 2002, pr pare3 by loseph inga m.), said interest anO title is =ivrvyed
to Grantee. a Portion of
BEING AND INTENDED TO BV the same premises as conveyed to Chancy D'Etlta Curry as to a 37'a interest
by deed dated September 29, 1981 and recorded In the Suffolk County Clerk's Office on October 29,1981 In
Libor 9093 at Page 01,Paradise of Southold,Inc.as to a 2'%Interest by deed dated April 12,1985 and
recorded in the Suffolk County Clerk's Office on April 16,1985 in Liber 9771 at Pape 385,Gilman Hallenbeck
as to a 32%interest by deed dated September 29,1981 and recorded In the Suffolk County Clerk's Office on
October 29,1961 In Liber 9093 at Page 01,and Garrett Sinning as to a 20%6 interest by deed dated
September 29,1981 and recorded in the Suffolk County Clerk's Office on October 29,1981 in Liber 9093 at
Page 01.
:t"t.G"1'HM KITH a right. of way, in cc rrtni with ot,ie s, into- L" s Ptad (a�riv�alWr road),
and aradi.se Point. l ad (fom rly Fcloir on Po ad att P a private road) to ae rui:x-Ir st
prdal. c Iiiglay..
THIS CONVEYANCE is made in the regular course of business of Paradise of Southold,Inc.
TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads
abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and
all the estate and rights of the party of the first pail in and to said premises;TO HAVE AND TO HOLD the
premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of
the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and wiif apply the
same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.The word'party"shalt be construed as if it read'parties"when ever the sense of this
indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the Jay and year first above
written.
4 ..
IN P'PMSENCE OF PARt XD E OF SOLF1 A)b,IINC.
CHANCY D. CURRY t1 : ^lIT F SPl iI ifNl7
DA JENSEN,At ey in-fact
t 0 7ETT SINNING
u a Garry Sz
dLL
LMA.N'HALLENBECK
131:
as
Gll..If t4A6iBECtti 4 °utautc o ct astSessor
Trustee of the Gilman Hallenbeck Restatrsr�cnt of Trust Agrsreizlent
datcd as of April 16, 1999
f .
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORjj STATE
State of New York County of Suffolk ss: State of New York,County of ss:
On thews day of MARCH in the year 2002 On the day of In the year
before me,the undersigned,personally appeared before me,the undersigned,personally appeared
JOHN SINNING
personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s)whose name(s)is satisfactory evidence to be the individual(s)whose name(s)is
(are)subscribed to the within instrument and acknowledged to (are)subscribed to the within Instrument and acknowledged to
me that he/shefthey executed the-some in his/harftheir me that helshelthey executed the same In his/her/their
capacfty(les), and that by hWherfthelr signature(s) on the capaclty(ies), and that by his/her/their signature(s) on the
instrument,the Individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which
the tnduvid al(s)acted executed the instrument the Individual(s)acted,executed the instrument
(s,gnat ftm vodual taking acknawledgrnent) (signature and office of individual taking acknowledgment)
Notary Public,State of New York
Na.4903395,Suttollt Court, 5.
Gomrnisslon Expires August 24r
TO Ir U5 D ONLY WREN t1 ACicNOvai DG EN1hIAD 0� S'I�NY_ORK STiTE
State(or District of Columbia,Territory,or Foreign Country)of NEW JERSEY,COUNTY OF PA SSR(C ss:
On the tl.. 3d day of MARCH In the year 2002 before me,the undersigned,personally appeared
GARRETT SINNING
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thefr cepecity(ies),and
that by hls/herftheir signature(s)on the instrument,the individual(s), or the person upon behalf of which the Individual(s)acted,
expr.r(etthe instrument,and that such individuat made such appearance before the undersigned in the
� �a s'a in r4gN ° REEY
Qslk the r ty_Or p er pw(OtW sulsdc icn) (erid insert the Stage ar C�5v ry or rattier place the actor Medgment was taken)
«fir' r
(iNanahoe and office ofirudividual takVg ackp oMedgment)
Notary: J sfilier Snoop �
Qualified in Passaic Countyr
New Jersey Cct nission ' r
expires 2/3/2003
BARGAIN AND SALE DEED SECTION
BLOCK
WITH COVENANT AGAINST GRANTOR'S ACTS LOT
Title No. COUNTY OR TOWN
STREET ADDRESS
Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
STJ-IA34W FORM OF FEW YORK BO WD OF TRLE bDWAdW y HELEN ROSENBLUM,Esq.
1287 E.Main Street
onwealth Riverhead,NY 11901
COMNONwFAr.'nr LA,YD Tr nE ImURA VCF COMPANY
REW-MVE Tr➢s srncF roR 1JDE c. Fmcry uy.". c:tic=
STATE OF CONNECTICUT)
ss.. GP-eeVVVj ICE
COUNTY OF
rat
On the 13 day of MARCH, in the year 2002, before me, the undersigned, personally
appeared GILDA JENSEN, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose.name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on said instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed this instrument, and that
such individual made such appearance before the undersigned in the
C in C
(Insert City) (insert State of Country)
Notary Public
MyC0 V,,,SSj0NEoRESAPR30
" •l an
STATE OF FLORIDA)
ss.:
COUNTY OF PACIP15
BENCH
On the Kday of MARCH, in the year 2002, before me, the undersigned, personally
appeared GILMAN J. HALLENBECK, personally known to nee or proved to one on the
basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signatures) on said instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed this
instrument, and that such individual made such appearance before the undersigned in the
v u in RIDA
(insert City) (insert State of Country)
A. YP&,, CREG A.ISBELL
Lary . ..
CHICAGOTITLE INSURANCE COMPANY
LEGAL DESCRIPTION
Title Number. 38042-00159
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT-
BAYVIEW IN THE TOWN OF SOUMOLD, COUITZY OF SUFFOLK AND STATE OF NEW YORK, BEING
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A PIPE SET IN THE NORTHERLY SIDE OF BASIN ROAD ',"HERE Tly-2, WESTERV.:
LINE OF LO'T 4 AS SHOWN ON A CERTAIN MAP ENTITLED, "MAP OF SECTION ONE, PARADISE
POINT OF BAYVIEW" MAP NO. 3761 FILED 4/11/1963 ALONG THE NORTHERLY SIDE OF BASIN
ROPM,
RUNNING THENCE SOUTH 30 DEGREES 08 MINUTES 40 SECONDS WEST ALONG THE WESTERLY
TERMINIUS OF BASIN ROAD 51.65 FEET TO A. MONUMENT SET ON THE SOUTHERLY SIDE OF
BASIN ROAD;
THENCE SOUTH 15 DEGREES 35 MINUTES 40 SECONDS WEST ALONG THE WESTERLY L117E OF
LOT 5 AS SHOWN ON THE ABOVE MENTIONED MAP 216.91 FEET TO A WOOD BULI-EEAD ALONG
BOAT PASTN;
THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE HIGH WATER MARK OF BOAT
BASIN THE FOLLOWING 18 COURSES AND DISTANCES:
1. NORTH 74 DEGREES 32 MINUTES 46 SECONDS WEST A DISTANCE OF 9.78 FEET;
2. NORTH 68 DEGREES 38 MINUTES 26 SECONDS WEST A DISTANCE OF 49.27 FEET;
3. SOUTH 50 DEGREES 15 MINUTES 00 SECONDS WEST A DISTANCE OF 1.35 FEET;
4. NORTH 70 DEGREES 52 MINUTES 34 SECONDS WEST A DISTANCE OF 8.13 FEET;
5. SOUTH 67 DEGREES 33 MINUTES 43 SECONDS WEST A DISTANCE OF 69.40 FEET;
6. SOUTH 77 DEGREES 18 MINUTES 19 SECONDS WEST A DISTANCE OF 43.78 FEET;
7. NORTH 52 DEGREES 15 MINUTES 31 SECONDS WEST A DISTANCE OF 47.66 FEET;
8. NORTH 81 DEGREES 28 MINUTES 12 SECONDS WEST A DISTANCE OF 17.54 FEET;
9. NORTH 48 DEGREES 11 MINUTES 12 SECONDS WEST A DISTANCE OF -26.99 FEET;
10. NORTH 34 DEGREES 53 MINUTES 24 SECONDS WEST A DISTANCE OF 20 .16 FEET;
11. NORTH 16 DEGREES 56 MINUTES 29 SECONDS WEST A DISTANCE OF 16.86 FEET;
22. NORTH 45 DEGREES 07 MINUTES 28 SECONDS- WEST A DISTANCE OF 16.16 FEET;
13 . NORTH 76 DEGREES 59 MINUTES 32 SECONDS WEST A DISTANCE OF 14.38 FEET;
14. NORTH 49 DEGREES 45 MINUTES 56 SECONDS WEST A DISTANCE OF 21.39 FEET;
15. SOUTH 83 DEGREES 32 MINUTES 11 SECONDS WEST A DISTANCE OF 32 .21 FEET;
cMLGLIW -AMEMED LEGAL DZSCRIPTTON`- 04/04/02
CHICAGO*TITLE INSURANCE COMPANY
LEGAL DESCRIPTION (Continued)
TftleNumber: 3802-00159
iG. NORTH 34 DEGREES 33 MINUTES 41 SECONDS WEST A DISTANCE OF 23 .99 FEET,
17. NORTH 06 DEGREES 48 MINUTES 47 SECONDS WEST A DISTANCE OF 87.11 FEET;
18. NORTH 07 DEGREES 17 MINUTES 14 SECONDS EAST A DISTANCE OF 64.53 FEET TO THE
HIGH WATER MARK OF SOU'THOLD BAY;
THENCE EASTERLY ALONG THE HIGH WATER MARK OF SOUTHOLD BAY THE FOLLOWING 5
COURSES AND DISTANCES:
1. SOUTH 86 DEGREES 42 MINUTES 04 SECONDS WEST A DISTANCE OF 1.322 FEET;
2. NORTH 68 DEGREES 43 MINUTES 04 SECONDS FAST A. DISTANCE OF 22.25 FEET;
3 . SOUTH 72 DEGREES 05 MINUTES 40 SECONDS EAST A DISTANCE OF 112.17 FEET;
4, NORTH 88 DEGREES 54 MINUTES 02 SECONDS EAST A DISTANCE OF 134.02 FEET;
S. NORTH 82 DEGREES 07 MINUTES 29 SECONDS EAST A DISTANCE OF 63.92 FEET TO THE
WESTERLY SIDE OF LAND NOW OR FORMERLY EDMOND H. CUR=U AND PATRICIA N. CUPCURU;
THENCE 04 DEGREES 15 MINUTES 20 SECONDS WEST ALONG LAST MENTIONED LANDS 259.37
FEET TO A PIPE;
THENCE SOUTH 74 DEGREES 24 MINUTES 20 SECONDS EAST A DISTANCE OF '76.49 FEET TO A
PIPE SET AT THE POINT OR PLACE OF BEGINNING.
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 081.00 BLOCK 01,00 LOT 016.007
m N�
Lcl C.
�n
L.) r L-L m
I 8
rr j -71
-,j hi Cl LD o C, m
al
'D r'o
CA
Lr,r CONT —LEGAL DESCRIPTION CONTINUED—
KVAT.u,rem aff.1Ma WrNIUM '
1110116110 TOWN t $MIt TW 0MVIIIIII.TKII IMUMWTSMLBUVM W T
40
ISM ,the 23rd dayof February ,nlmt"ah%wAredwvd vighty nine,
1a J . I,Alwh; f'ttRitY, rho ice n 37x, lntarv.:L, rriwidlnq at 13 North
Struat , e:r•owsnwich, C_outioct:Lcat., UGH3UI and t*I[,MAN IIAI.LLiNBECK, dsI to
o 3xx, intorr-rat, rosidinq at, Cove Ll,ndt, II II) bake Short, Urivo, N, Palm
livacch, Florid:t, 3'l40111 and CARRY SINNING, ax to a 29% interost, ro-
yiding at 200 Watchung drive, Hawthorne, Nuw Jorsoy, 075061 and
PARADISE OF SOtfrltoLD, INC. , as to ct 2% inturvat, a domeatir` corpora-
tion tweavinq its principal office at (new s) 44obinnon Road, P. D. 13ox
724, `3ou0hnld, N(,w Yeel'k, 119711 .IN 1.011011td in common and ets their
V
ink.orvatK uppu,tr,
petyoI the brlt part.and PARADISE' POINT" ASSOCIATION, INC., a domestic Type
A, Not-for,.Pror3L Curporation, hdvinq LLet pritrcipal office at (no 1t)
S ^, Robinson Rand, 1). U. Ilex 243, Southold, Now York, 11971,
BLoF FED 24
" party of the second part, j ,41 ;" u �A
I" WlTNUSEM that the party of the pert part,in considentiotw of ,
Tun and no/lou
, l
s G lawful money of the Untied Stater, pall
by the party of tho second part,does hereby geant and release unto the patty of the second Para,the heirs or
successors and assigns of the party of the second part forever,
Me
arAitC I:[, [r
ALL that certain plot,piece or parcel of land,with the buildings and Improvements thereon erected, situate,
lying and beltig at tiayviow, tiour southuld, In thv 'vown of Suui hold, County
of Suffolk and SLuLu of Now York, known and dvaignoLvd as Robinson
Q Ho41d, Itasin Hondo Briar L,antl, C;inal, Basin, and Drgin located bo-
twnsn lotm numhnred 12 nnrt 13, na xhown on a oortrwtn snap e■ntitlod,
° "Map of 11c(J1t)11 011u, P'ar.utiso Point at. Dayvlew," and filed in thu
office of the Clerk of ttiu Cuutity of Suffolk un April 11, 1963 as
d> Map No. 3761, and including Robinson Road to its castorn torminus
as shown on a certain neap Untitled, "I.11nor Subdivision made far
Parodiso Poo iL 0orporation,, Paradiso Point., Now York," Amundod May
11, 1981 by Hnduric.'k %'.tee 'I'uyt, 11. ('„ JA Unµvd Land Survv%yorwi,
wa'uanpurl , Now York,
�' ror.E'rHi•:H wi th an uagement over and across those landu immudiately
N9am ad jotning the v9sterly side of 11asin Road ass shown on the aforesaid
map ont.itlod, "Map of Section one, Paradirse Point at Hayview,'l end
r filters in the Office of Lhe Clerk of the County of Suffolk on April 1L,
„^t toQ9 19b3 at+ Map No, 37b[, maid oamemant bol..q more pnrticular.ly boundod
and desoribod as followni DEXI'INNINCr aL a point, which point is thu
soukhwes8torly vornor of Lot: No. A au shown on Lho aforemontioned
filed Inapt HUNNIN0 't'HENCI. South 30 degreou 08 minutes 40 seconds
Wv4t along thew westorly elide of Basin Road, 51.65 font) to land now
or formerly of Mayriardl 1r1tENCL' slang maid land now or furmorly of
Maynard SoULh 1'� dogrovH 31 minutes 40 mccundrl Wont, 30 facet, mare
or laws, to Lhc basin .uitd Canal ,am mluawrt un Lhci aforvtauntioned filed
map1 't'HFNVE, in .% w,,gt.vr1ye nort.hwosLorly •etwcl twnrthor]y dirt-r+tion
along the whore of said paean and Canal as it winds and turns, 600
Tarot, more or Iona, to the ordinary high water murk of 'I"own Harbor
4� (also known ae Southold ltay)I 'DUNCE 1n an one+torly direction along
the+ ordinary high water mark or 'rnwrn 1lnrbor (,also known an Southold
nay) aw Lt winds .end turns, 211) Fout., morn or 1rxq, to d point mark-
od by thro westerly end of a bulklwondl THENCE South 6 degrees 00 min-
utos Womt, 75.00 Riot, 'rill,NCE South 6 dogrQox 00 minutes Last, 85.00
foot, THENCE' South 65 dogroes 00 minutiae+ F:awt, 200.00 foot, THENCE
North 59 degreew 30 minutes East, 123.00 foe t to band now or former-
ly of Curcurui 'rHPN(.'E along maid land now or formorly of Curcuru
South 74 dogrues 24 minutex 20 mocondm East, 76,49 fact to tho point
or place of I%F,(11NNINn, and an much osiNvoment is shown on a cort•.ain
`w map entitled, "Map of Property at PariAdinet Point, Southold, N. Y. ,"
Rcvifted August 9, 1Q19f9 by Roderick van Tuyl, P, C., Licanood Land
Surveyors, Or—r,port a Now York, said easement to be used by the
r
i party of the Nocond part for free and unubRtructod access to the.
Basin and canal as shown on thv aforos,lid f iltid m4pl for the con-
Ntruction and malnturiince of bulkheads# crlba, jrttiomp docks,
oLcr. , its may bo doomed appropr3.att, by thu party of the etvrclnd part)
rnr the inst.ollat ion ttnd malntonanco or a rromh water wall or wellsl
anrd for such nt.hor purpomn or pllrnnHom .is art. conNiHtont. with the
conmti tut.ion or tho party c,r tho mocond punt including, but not
limitud tot Providinq fur the c:ary and maintehAnce, of tho Beaches,
Waters, Uulkhoadm, Rends, Club iOLINON, Huildingn or dther Ntructureop
and cithor Rrr.roat Ion Fac2iliLinHl NupPrvis+lnq rorrontion, sports,
boat Intl, h.tLhinq, etv, l Elio lihiiularrl and tone of then
c:ommunllyt promotinq hvaltll, wt,lfarr, morh1g, 171e,IHllrc•N, rl'crrnt.lon,
Indoor and i,utdnnr q-MLIH, VIC.) and prnmritinq socioliilil.y and good
ronowNhip for tho momburm or t.ht, corporation,
TCN'rT um with nil tho ri ci)1t, to tlo and i ntnrmNt of the party of the
f irtit part tit c%nd Lu lauds lying undor tht, high water mark of 'Gown
Harbor (also ktwwn au1 Southold llay) Includlnq +tny and all )at.tieH
protruding into ltclld Town 11arLior (also known art Southold hay) .
PARCEL Ili
f ALL, that cortain plot, piuce or parcel of land with trio buildings
and improvomontH thorcon erected, KiLuatt-, lyinq and boing at I%ay-
viow, near Southold, in tho Town of Southold, County of Suffolk and
!,tutu of New York, brinq more particularly buundod and described as
foll.owut 131:CINNINC, at. a point, which point in the northerly corner
of Lot No, 12 as shown on a certain map ontitled, "Map of Section Once
P.,rodlyu PoWL at. bayviuw)" ,lad filed In thn Office of the rlork of
thV County Of SllrfolK un April I1, 1963 as Map No, 37611 RUNNIN0.
IVENCE North 3R dogrtoua 31 mitlutus -10 st-conds WvNL along land now or
rormvrl, ur Orlffu, 100.00 fvvt. Lo land now or formerly of Curryl
THENCE alonq said land now or formerly or Curry, North I dvgrous+
30 minuLos Eomt, 610 foot, morn or ltiss, to thr, ordinary high water
mark of 'Down ilarbor (a1No known as Southold stay) t 'rm-NCE in an oast-
vrly dlrll rt !on .114m(1 tho ordittar hicllc w,tt.,t• sulk of Town harbor
1, (also known as Southold tray) as it windti and turns, 75 foot, more or
le ms, Lo a of rtaln rarint as shown cui tho arorvinantioned filed maps
THENCE In a yuuttivostorly dlrectlun along Lhu Canal ati it winds and
turns. Ino font, morn or lvo-ts, Lo the) northerly lint` of i,ot. No, 17
,1!4 shown un .1 cvrtaiti map on LiL'l0d, "Minor Subdivision snide for
Paradise Point Corporation, Par.adiso Point, New York," Amended May
11, 1981 by Rodurluk Von Tuyl, P. C. 1 T111;NCE alonq maid Lot No. 17
►;he rollowinq tlircrt, cuursvn and dimtancortr 1) North R, clegrovs. 30
minutny hfcwL, 1)0.00 foots 2) SOUL11 -1 dogrutry .30 minutes Wufit, 325,00
footl 3) South 38 dogrovs 31 minuton 40 4ocondm least, 82.98 fool: to
llrlar Latin as H1lown on Iho aforementioned filed maps THENCF along
said Briar Lane South 14 dogreos 36 minuLOH 30 seconds Wont, 18,67
ii Poet to they point or plavv of Uf'GINNINt1,
'rUCL`rHhR with all the ri ht, t1 do and interust of the q party ot thcl
firat part in and to lands lyinq under tho high water mark of Town
Harbor (also known as Southold I3ay), including any and all jotLice
protrudinq into sAd 'Gown harbor (also known as Southold Bay) .
f
'1111!: CONVEYANCE 1H made in the usual find roqular course of buminos"
actually rondurtod by the party of tho firmt part, PARAD7SF, OF
SOUTHOLV I 1NC,
I
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1
10804 R557
TOMU lt1V all right. {Ith AM bnraf, It any,of the lrq' 'ol the 1Vrst Irt{►t and to way a1 lr and
toads abutting the alitive doacrl 1 pritcrilats In the coutte Nice thern,f,
TOMMIR with the appurte tweauvl AA the tstme AAA4 6igift 0 the r4my of rt to and to
Id promises,
TO HAVZ AND TO HOLD the peircolutgranted unto the party of the second part, the helm or
succomiate and anlgyuof the puq of the misceited part tarmr,
q` u
8
i
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u� n y
I i
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AND the party of [lit Ant part co►,enaitla that the party of the first part hat out done or suffered anything
whereby the amid prcaoiaer have lien incuminnil In any way whatover,except as Alorculd,
AND the party of 1ht first part, In compliance with Section 13 of ►bu Lien la's,covenants that the party of
the first part wIll r.ceive the consideration for this conveyance and will hold the right to receive such consid-
crAtiuer Aa a Irust i►►nd W h+applied first for iho purpose of paying the curl of the Improvement and will apply
i the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose,
I 'Cho word"pony" slmll ba construed its it it read"partlts"whenever the sense of this Indenture so requires,
IN WITNESS WHEREOF,the party of the first part has duly exteuttd this deed the day and year first above
wfittm.
8 far razis:st art W LANK CURR
�. F41marl i nilon ► Cl ttrtc+ r
( IttrtrrtY n-Fact t
l'llkltllISL OF sclunu D' IN .
u B,h } no I ArNa s ric Yl.I?Jl
t)ot°It�3itttI n � �� n ng
Prealdent
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is
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1�f3RI` A M1 Ia�a1.t '� CH SIN A J8 �P.`..®, '•
NW MM$5111111TY OP
Onthe 14th &yof February, 1989 the ..141 d day of J" ®f ^, -m� tp , ,®r f
tom a known �to the Inds du ' d In end who to me knawnn o be flo In dividwi Mrs read who
ex ut the to in1 i t t, I' t, the
hi) executed a ulnae, tiu axetuted US%
Ve
oar �"1��tls;�'ic `�. �, � N►�ttt��'-'1a1�' it�
ky1fA '0Ir"t�1/rt►gplr;inq
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IVA"01 NIw V"K.e3a w"iop S'U<'aVOLK "I SVATI O/ wt�901NIVY 001_SKr r�a
SIN
n the 3k day of FOhNi a a r• 19 P1,lwlore me On the ,a ti' day of•'fir 04 Q a 4 190 ,'before no
personally carve Jt)hn D, S 1t n l nq pareonilly came Chancy Cu ry
to me known,who,being by me dui sworn,dId depose and ,to me knower to be tho "rnon describ-
w,y llwt he mthles at (tic) a 1 fttobi tlsott I good► ed and appointed attorney in fact in
110x: 72.1, SOt101010, N1, York, 11971 I and by a certain power of attorney
that ahe ie the OV aliriTH oxuCutud b J. LANE CURRY dated May
of f Aitltdxl5l", Oi" SUt;'I'I419L11, .lNt:, Y r Y
, the corporation tlescribW 219, 1981, to be recordod in the Of-
In and which executed the foreping, inilrumnerrtl that he fico of tho Clark of the County of
knows the seal of said corpomllw, that the seal affiuttd Suffolk simultaneously with the fare-
to Wd Instnim at is altch cos rate welt Ihat It well w going instrument and acknowledged to
afAaced by order 81 the 'boa direw:ioft of laid co me that she had executed tho forego-
tlon, and that he si nuns theralo by gibe , inv instcumant An UW oat of theL
e J, LAM CURRY,
r M
qtoa
i•tdlb Neatary ub is
raw H.WIiQi
tiuwatwa � txAta�ta N�� nn•;• '.,.
CNwrbk:.., eu� Ww III,
isin Aub balf0
WITH COMM h"t AGA141"GlAx-ron'i Acre 1119MOW 081 r fJO
'rrrL% No. caeca 01,00
Roz 005 000, 014.000, p/0
C;IIRIIY, M AL 015.000, p/o 016.0G10
TO tot)wry Ott TOWN 1000
PARADISY POINT ASSOCIATION, INC. 14 N rl
a;ittcrtOO "17Tit InIaURgNC1 tk1MFAtfY
plow 9 O MU mum= Wave by tuft w
aUulnbuted by EDWARD JOHN BOYD W, ESQ,
CERICAGO
IMSVMAIWON COMPANY 54655 MAIN ROAD, P. 0, BOX 1468
S01YPHOLD, NEW YOR'K S*tie, 11971
a �r Ind zc 6 1hl I A
. ....... .......... . ... ........ ...... . ..... . ..... ..
Town of Southold Annex 11/9/2011
54375 Main Road
Southold, New York 11971.
........ ............................... . . ................ .
CER'l I IFICATE OF OCCUPANCY
No: 35290 Date: 11/9/2011
............-
................ ............ .....
THIS CERTIFIES that the building SINGLE FAMILY DWELLING
Location of Property: 580 BASIN RD SOUTHOLD,N.Y. 11971,
SCTM#: 473889 See/Block/Lot: 81.-1-16.7
............................... ........... .... . .......... .............. .................
Subdivision- Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this officed dated
9/27/2010 pursuant to which Building Permit No. 35926 dated I OJ7/201 0
was issued, and conforms to all of the requirements of the applicable pro-6sioDs of the law. The occupancy for
which this certificate is issued is:
L)ijq family ,with rear wrap dg�k., ��o -r and unfinished basement as applied for per 4wel ling 'L -,,qp,r garagg unclear
96394. dated 7/13/10.
The certificate is issued to Zupa,Mary
.................... .... . ....................... ........ ...... ........ ......
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL RIO-09-0003 6/10/11
... ........ -------------------------—
ELECTRICAL CERTIFICATE NO. 35926 9/2/11
PLUMBERS CERTIFICATION DATED 8/4/11 Phil Gap3ble Plumbing&Heating
.............
........ .. .........
�YS/-"-gm-rat ui e
Town of Southold Armex 1111.0/2011
w4 54375 Main.Road
Soutbold, New York 11971
CERTIFICATE F OCCUPANCY
No: 35281 Date; 11/9/2011
THIS CERTIFIES that the building IN GROUND POOL
Location of Property: 580 BASIN RD SOUTHOLD, N.Y. 11971,
SCTM#: 473889 Sec/Block/Lot: 81.-1-16.7
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this officed dated
9/27/2010 pursuant to which Building Permit No. 35926 dated 10/7/2010
was issued, and conforms to all of the requirements of the applicable provisions of the law_ The occupancy for
which this certificate is issued is:
in ground swriTM::n in. P,oul wiftr isa l lerr m e as a ej for pz Zfj #�324' .dated 7/'13/1.0..
The certificate is issued to Zupa,Mary
(OWNER)
of the aforesaid building,
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 35926 9/2/11
PLUMBERS CERTIFICATION DATED r
-4 "
t:t ae!l tent
1
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MTMORANDUM DECISION INDEXNO.22401/02
sUpREME COURT-STATE OF NEW YORK
IAS PART XXXVIR SUFFOLK COUNTY
PPE SENTc
Honorable JAA42 S M.CATTERSON RID
MOTION NO.Memorandum Trial
Decision
x PLAYNTI.FIPS ATT RNFY'
PARADISE POINT ASSOCIATION,INC., McNulty-Spiess,P.C.
214 Roanoke Avenue
Plaintiff, P.O.Box 757
Riverhead,N.Y. 11901
-against- IDI4FE, i`[DANT'S ATTORNEY
Y'
Eric Bressler
Wickham,Bressler,Gordon&Geasa,PC
MARY S ZUpA, 13015 Main Road
P.O.Box 1424
Defendant. Mattituck,N.Y. 11952
x
Upon reading and filing the following papers in this tatter: (1)Plaintiffs Proposed
Findings'of Fact and Conclusion of Law dated March 17, 2004 by plaintiff; (2)Findings of Fact
and Conclusion of Law received in this Court March 22,2004 and supporting papers by
defendant; (3)Defendant's Memorandum of Lawin Support of Proposed Findings of Fact and
Conclusion of Law dated March 19,2004 by defendant; (4) Objections to Plaintiff's Proposed
Findings and Fact and Conclusions dated April 2,2004 by defendant; and now
UPON DUE DELIBERATION AND CONSIDERATION BY TIE COURT of the
foregoing, and the bench trial held in this Court on February 11,2004-February 26, 2004 the trial
is decided as follows:
ORDERED that it is declared that the plaintiff possesses a valid and existing easement
over and across the subject premises owned by the defendant as described in the 1989 deed to
plaintiff, and the defendant is enjoined from interfering with the plaintiff s use and possession of
the easement;it is further
ORDERED that it is declared that plaintiff has a valid and existing prescriptive easement
over and across the private roadway on the subject premises owned by the defendant,running
from the western terminus of Basin Road in a genoral northwesterly direction to the plaintiff's
deeded easement area and to the jetty located at the end of the deeded easement area which
protrudes into Southold Bay; and it is further
ORDE RED that the defendant must remove the fence blocking the entrance to that
private roadway and the defendant is enjoined from interfering with the plaintiffs prescriptive
easement rights in the private roadway in issue; it is further
ORDERED that the defendant and her agents are barred from all claim to an estate or
interest in the jetty in dispute and are enjoined from interfering with the plaintiff's possession of
that jetty; it is further
ORDERED that the plaintiff is directed to serve a copy of this decision and judgment
upon all parties.
A bench trial was held before this Court in February of 2004. The Court makes the
following findings of fact.- The plaintiff Paradise Point Association,Inc. (hereinafter referred to
as the "Association")is a not-for-profit corporation that has existed as a homeowner's
association since 1961 for the benefit of the Paradise Point Community. Members of the
Association are those,persons holding title to real property in the premises known as Paradise
Point,Town of Southold,County of Suffolk. The defendant is the owner of property in Paradise
Point known as 580 Basin Road, Southold,by deed dated April 5, 2001' By deed dated
February 23, 1989,the Association received an easement across the premises now owned by the
defendant." The,Association's deeded easement area runs in varying widths from 4he:weste m- --
end of Basin Road(along the eastern borderline of the defendant's property),along the shoreline
of the bodies of water known as the Basin and the Canal(which form the general southern and
western boundaries of the defendant's property), around to the jetty protruding into Town Harbor
(also known as Southold Bay), which borders the defendant's property to the north. The
easement is bounded along the shoreline of the Town Harbor by the"ordinary high watermark."
On or about 1970, ajetty was constructed protruding into Town Harbor at the end of what
is now the Association's deeded easement area at the expense of the Association and the Paradise
Point Corporation(the then owner of,inter 2jia the property now owned by the defendant). In
1989,by the above deed, the jetty was conveyed to the Association by grantors who acquired
their title from the Paradise Point Corporation. Since its construction,the jetty has been
maintained by the Association exclusively.
'Defendant received title by deed from Chancy D. Curry, Garret Sinning a/k/a Gary
Sinning,Paradise of Southold,Inc., Gilman J. Hallenbeck, individually, and as administrator of
the Estate of Gilbert Hallenbeck aWa Gilman H.Hallenbeck,Deceased, and as successor trustee
of the Gilman Hallenbeck Restatement of Trust Agreement dated as of April 16, 1999,which
deed was recorded in the Office of the Clerk of Suffolk County on April 23,2002. The .
defendant and her husband however,became residents in the Paradise Point Community and
hence members of the Association in 1998.
'The grantors who conveyed the easement were the predecessors in title to the grantors
who conveyed the property over which the easement itself is located, to the defendant.
2
Defendant's lot was created by subdivision as shown on a subdivision map filed in 1963
by the then title holder,Paradise Point Corporation. All of the principals of the Paradise Point
Corporation were also members of the Association. Since prior to 1961, a private roadway has
existed on the property in issue running from the western terminus of Basin Road in a general
northwestern direction to the deeded easement area and to the jetty located at the end of that
easement area. From 1961 through 2002 when the defendant erected a fence across the roadway,
members of the Association have used this private roadway for vehicular and pedestrian access to
the Basin, the Canal, Southold Bay, and the jetty. The Association used the private roadway in
issue to park vehicles incidental to the use of the Basin,the Canal and the jetty; as a turning area
for vehicles passing over Basin Road; as access and use by contractors conducting dredging
activities in the Canal and Basin; and for general recreational purposes.
From at least 1970 to 2002,the Association maintained and improved the priVate
roadway at its sole cost and expense. During the period from at least 1998 to 2002,the
Association maintained a sign adjacent to the private roadway stating"Paradise Point,Private
Property,No Trespassing,Residents Only." In addition,the cost of dredging the Basin was
borne by the Association almost exclusively for decades. In May of 2002,the Association sent a
letter to John Sinning who was a shareholder of Paradise of Southold,Inc., which owned a two
percent interest in the property,requesting permission to use the roadway for dredging work to
satisfy the Town*of Southold's requirements for a dredging permit;--John-,Sirfain&-while.9
shareholder of Paradise of Southold,Inc.,was the President of the Association from 1985 to
1993, and in his dual capacity he granted permission to the Association to use the roadway over
the property to facilitate the Association's dredging activities.
In 2002, the defendant obstructed the Association's use of the roadway and prevented
access and passage,over that private roadway by members of the Association. This action
ensued.
The Association's first cause of action is to determine the claims of the parties with
regard to the deeded easement. The defendant argues that the southerly or seaward side of the
deeded easement cannot be determined by the deed language alone and that the Association has
not proven that the deeded easement burdens the,defendant's property without a proper metes
and bounds description. The Court credits the testimony of the Association's witnesses and the
deed that was submitted into evidence with regard to the deeded easement. What is indisputable,
is that by this easement,the parties to the deed intended to give the Association "free and
unobstructed access"(via foot traffic)to the Basin, Canal,bulUeads, cribs, jetties,docks, etc.
Also clear is the language of the deed in evidence that specified that the southerly boundary of
the easement on the Canal and Basin side is the shoreline and the northerly boundary on the
Southold Bay side is the ordinary high water mark. The deed did not relate merely to the
southerly shoreline or the northerly ordinary high water mark then existing but to such line
wherever it might thereafter be located. flatter offbeCit of New York LWest Fenth St.L 267
N.Y.212, 221 (1935). if the defendant's contention were correct,then the words in"in a
westerly,northwesterly and northerly direction along the shore of said Basin and Canal as it
3
winds and turns to the ordinary high water mark of Town Harbor. . .th(,-Iice in an easterly
direction along the ordinary high water mark of Town Harbor. . ."would be surplusage, and the
parties would have run this line solely by metes and bounds. Id. Furthermore,contrary to the
defendant's argument,no survey was necessary to further define the casement(as referred to in
the deed)because"physical monuments when denominated in a deed shall prevail over those
shown on a survey." Id. The deed manifests an intention to grant a right of passage along the
southerly shoreline wherever located so long as it meets the general directional sweep of the dead
language to effectuate the pm-pose for which the easement was created. Lewis y,,Young,92
N,Y.2d 443, 453-454, 682 N.Y.S.2d 657, 663 (1998). Thus,this Court finds that the Association
has a valid and existing easement over and across the subject premises owned by the,defendant as
described in the 1989 deed and the defendant is enjoined from interfering with the Association's
use and possession of the easement.
The second cause of action is for a prescriptive casement across the private roadway on
the defendant's property running from the western terminus of Basin Road in a general
northwesterly direction to the Association's deeded easement area and to the j etty which
protrudes into Southold Bay. The defendant argues that because the members of the Paradise
Point Corporation and subsequent owners of the defendant's property were all officers of the,
Association,no such prescriptive casement could have been created. The defendant,however,
cites no support whatsoever-for her-contentionthat these individuals who wore two-hats:-(as-au-—
officer in the Association and as an owner of the property) effectively precluded the
Association's prescriptive casement rights as created by those officers of the Association who
were not also owners of the defendant's property. Indeed,defendant's argument would
necessarily result in a breach of fiduciary duty to the Association by those officers in the
Association maintaining dual and inconsistent roles. Therefore,the Court finds defendant's
contention untenable.
In order to establish a prescriptive easement,the proponent of the casement must prove
by clear and convincing evidence that the use has been adverse,open and notorious, continuous
and uninterrupted for the prescriptive period. Frurnldm v. ChgMtoL 251 A.D.2d 449, 674
N.Y.S.2d 409, 410 (2d Dept. 1998). The statutory period is fifteen years for a use that
commenced prior to 1963 and ten years for a use that commenced afterwards. Qi1y of
Tonawanda v. Ellicott Creek Homeowners Association.Inc.,et al. 86 A.D.2d 118, 121,449
N.Y.S.2d. 116, 119 (4th Dept. 1982). Where the casement has been shown to be open,notorious,
continuous and undisputed,it is presumed that the use was hostile, and the burden shifts to the
opponent to show that the use was permissive. Fruinkin v. Cherntoll. 251 A.D.2d at 449, 674
N.Y.S.2d at 410. If,however,the opponent of the casement establishes that the relationship
between the user and landowner is one of cooperation and neighborly accommodation, the
presumption is lost and the proponent of the easement must show that the use was under claim of
light and adverse to the interests of the landowner. McNeill v. Shutt Ste. et al- 258 A.D.2d.695,
696, 685 N.Y,S.2d 318 (4th Dept. 1999).
The Court credits the testimony of the Association's witnesses and that of the defendant's
4
fact witnesses such as John Sinning. All of the fact witnesses testified to their use as well as
their parents' (many of whom were officers in the Association) and children's use of this private
roadway. They used this roadway for recreation, to reach the jetty and waterway where many had
boats or to swim, for approximately forty years all together,from the inception of the Association
until the defendant erected a fence in 2002. In particular,the testimony of Robert Scalia
(hereinafter referred to as "Scalia!') demonstrated that the Association has met its burden of
proving the elements of a prescriptive casement. Scalia testified that he became an officer in the,
Association in the 1970's until 1983, and that be was a member before and after that time frame.
He stated that the Association maintained the entire roadway in dispute from the end of Basin
Road by snow plowing it and malcing any repairs. Moreover, he and many others testified that
,the Association arranged and paid' for the Canal to be dredged every one to three-years, and that
such dredging activity utilized the roadway in issue to move the cranes andlor trucks to the area
to be dredged which was at the end of this road. The trucks would use the road to remove the
spoils as well. This occurred at least,ten to twelve times since 1981 alone, and started in the
early 1960's,. At no time during Scalia's membership in the Association did be or anyone else to
his knowledge ever ask for permission to use the road, Indeed, all of the witnesses testified that
no permission was ever sought from the owner(s) of the property. In fact, Scalia believed, as did
all of the Association's fact witnesses,that the private roadway in question was "our road,".that
he and all the homeowners had.a"right of passage over it."
Even those witnesses who had acquired an interest.in the ownership of the property in
issue had never requested permission to use the Toad for recreational or dredging activities as
officers of the Association prior to acquiring their ownership interest. Furthermore, after
acquiring an interest in the property, those witnesses who wore two hats did not receive any
requests for permission to use the road and never verbally comrnunicated any permission to
others to use the roadway prior to 2000,long,after the statutory period had been fulfilled.' For
instance,the defendant's witness, John Sinning(hereinafter referred to as "Sinning"),testified
that he was an officer in the Association from 1981 to 1993. He obtained an interest in the
property(with Ed Boyd, through the creation of Paradise of Southold,Inc,)in 1.985, Prior to
1985, as an officer in the Association,Sinm. g-was involved in the dredging,process, and he
never requested permission to use the roadway in issue from anyone. After he became a part
owner,he would give permission to himself acting on behalf of the Association,to use the
roadway but it appears that he never communicated that permission to anyone else. While
Sinning did testify that he had received requests for permission to dredge after 1993,no specific
information was elicited and it remains unclear who had made these requests and when they were
made. Therefore,the testimony that the Association used the roadway for decades for various
'There is evidence that the Paradise Point Corporation may have shared in the costs of
dredging at some time during the 1960's.
'While it remains unclear whether the Association is asserting a use of the roadway prior
to 1963, and thus must show fifteen years to satisfy the statutory period,both periods have been
satisfied by the testimony at trial.
5
purposes without ever obtaining permission remains unrebutted.
Furthermore, the,Association's witnesses established that for many years the Association
(and the Paradise Point Corporation at some point in the 1960's)paid a,private security firm to
patrol the entire area, including this roadway. In addition, the Association paid for the
installation of a light an the turn-around portion of this roadway, and installed and maintained
"private property" signs at the beginning of this private roadway from at least 1988.
Based upon the testimony at trial,the Association has established by clear and convincing
evidence that the Association,through its officers and members,has used this roadway for its
benefit for well beyond the necessary ten or fifteen years,that the,use was open,notorious, and -
continuous(at least seasonally if not constantly). Therefore, a presumption arises that the use
was adverse and the burden shifts to the defendant to establish that the we was permissive,.
vermere Apartments.Inc. V Stoneleigb ParlcwM hLe., et al. 275 A,D.2d 701, 702, 713
N.Y.3.2d 356, 357 (2d Dept. 2000).
The defendant argues that the use was with permission from the inception due to the fact
that the officers of the Paradise Point Corporation and the subsequent various owners of the
property mi issue were all members and officers of the Association. Therefore,the defendant
contends, the Association does not reap the benefit of the presumption.and insteradmiast-sbow,
affirmative facts to establish that the use was under a claim of-right and adverse to the interests of
the landowners. Not all of the officers of the Association,however,were in the Corporation and
not all of the officers in the Association held an interest in the property burdened by the easement
in question. The defendant has failed to demonstrate that because some officers of the
Association during the many decades over which this easement evolved wore two hats, one as an
officer of the Association and one as an owner of the property,that they somehow destroyed the
ability of the other officers of the Association during these years to create and assert prescriptive
easement rights on behalf of the Association in this roadway; especially in the absence of any
proof that permission was communicated to these non-owners/officers of the Association. What
is clear from the testimony of all the fact witnesses is that from generation to generation,no one
thought that they needed permission to use the roadway for any reason. They believed they had a
clear right to it, and no permission was ever communicated to these officers/non-owners of the
property. The only time that belief seemed to change was when the witness obtained an
ownership right in the property. Even then,however,it appeared that the owner, such as. Sinning,
never communicated permission to any other officer of the Association or indeed,to anyone that
.used that roadway. Nor did any owner at any time try to stop those officers and members of the
Association from using the roadway.
Ila addition,the Association shouldered the burden and expense of maintaining the
roadway for decades. It paid for snow removal, security, lighting, and used it innumerous times
through its members and officers for recreation and to facilitate the dredging of the waterway.
The fact that the Association shared the costs of this roadway until approximately 1970 and after
that exclusively maintained it, establishes that its use was not merely a neighborly
6
accommodation on the part of the defendant's predecessors in title with the result that the
presumption of adversity remains. Cannony. ,Sikora
. 142 A.D.2d 662, 663, 531 N.Y.S.2d 99(2d
Dept. 1988). Therefore this Court finds that the Association has succeeded in proving that it has
an existing casement over this roadway to be utilized by it through its members for the purpose
for which the Association was created,the use and enjoyment of the Paradise Point Community.'
Finally, the Court also finds that the Association has.proven its case on its third cause of
action to determine the parties rights to the jetty. The Association has established its ownership
of the,jetty by the deed in evidence dated 1989 in which the then owners of the jetty clearly
intended to and did convey their title to the jetty to the Association.
The above constitutes the decision and judgment of this Court.
Dated- October 27, 2004 ENTER
I ISiM. Catterson,—I.SC-
FINAL DISPOSMON —NoN-FINAL DISPOSITION
'The defendant cites to Ci of Tonawanday. Ellicott Creek.14omeowners Association,,
In ,et a],. 86 A.D.2d 118, 449 N.Y.S.2d 116 (4th Dept. 1982) for the proposition that the
Association may not assert prescriptive casement rights on behalf of its members for their
personal use. That case, however,does not stand for such a proposition and is inapposite as in
that case the Court found that as the Homeowners Association appeared"only in its
representative capacity and neither own[ed] nor claim[ed) a tight to any interest in the property
on its own behalf,it may not assert a defense or counterclaim based on . . .prescriptive
easement." in this case,the Association is not asserting prescriptive easement rights as some sort
of a legal representative of its members which it has no legal ability to do';the Association itself,
as a separate legal entity,is asserting a right to a prescriptive casement on its own behalf. Thus,
the Association will own the right to the easement,not the individual members in their personal
capacity. As a practical matter,however,the Association has no independent existence. It is
active through its members and only exists, as it appears from its"Constitution," to support it
members use and enjoyment of the Paradise Point Community. Having such an easement right,
therefore, can only be utilized by members of the Association for the same purpose-the
members' use and enjoyment whether it is to dredge the Basin and Canal for the members' use of
their boats,or for any other recreational use.
7
At an IAS'I"erm of this Court, Part 6, held
in and for tr-se County of Suffolk at the
Coultljouse thereof located at 210 C nt,r
Drive, Riverhead, New York, on the 1
day of.$ ,vgv4 `+w.1 _, 20 t .
PRESENT: HON. GARY J.WEBER
JUSTICE
MARY S. ZUPA,
Plaintiff, ORDER
-against- INDEX NO. 07-001235
PATRICE IC.EITT, ROBERT"SC.ALIA,
KEVIN BARR, PETER COOPER, Individually
and PARADISE POINT ASSOCIATION,INC.
Defendants.
,The Defendant, PARADISE POINT ASSOCIATION, INC., by its attorneys,
McNULTY-SPIESS, P.C.,having duly moved for an Order confirming the Report
of the Referee appointed herein, Hon. Joseph J. Snellenburg, II, Esq., dated
September 4, 2009, and the Plaintiff, MAR S. ZUPA; by hd'r attorneys, Harras
Bloom and Archer, LLP, having submitted opposition to said motion, and said
me on to be heard and after.due deliberation having
motion having regularly co
been had thereon, this Court having rendered its decision in writing,
dated
December 3, 2009, a copy of which is attached hereto, granting the Defendant's
motion and directing the submission of an Order on Notice in suitable form for
recording against real property in accordance therewith.
NOW, upon motion of McNULTY-SPIESS, P.C., attorneys for Defendants,
it is
1
-'�-..
ORDERED, that the report of the Hon. Joseph J. Snellenburg, II, Esq.,
Referee, dated September 4, 2.009,is in.all respects conr=ed and the Referee's
fees in the sum of',$10,50�00 be and hereby are approved and shall be taxed
as a cost against the Plaintiff, MARY S. ZUPA; and it is further
ORDERED, that the metes and bounds description of the Defendant
Paradise Point Association, Inc.'s prescriptive easement over and across the
Plaintiff's premises identified by Suffolk County Tax Map No. 1000-081.00-
01.00-016.007 is as follows:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being at Bayview,
Town of Southold, County of Si-iffolk and State of New York as
indicated on survey for Paradise Poirot Association, Inc., prepared
by Young & Young last dated November 5, 2008, known and
designated as asphalt roadway and earth roadways 'leading froari
Basin Road westerly and northwesterly to an earth filled
bulkheaded jetty;
BEGINNING at a point on the westerly ternxirnas of Basin Road
where said westerly terminus is intersected by tl-ae southerly line of
the aforementioned asphalt roadway, said point being situate
North 30 degrees 08 minutes 40 seconds East as measured along
the terminus of Basin Road. 23.32 feet from the northwesterly
corner of Lot 5, Subdivision"Map of Section One, Paradise Point at
Bayview", Suffolk County File No. 3761;
RUNNING THENCE from said point of beginning .along the
southerly and westerly edge of said roadways and through land
now or formerly Mary Zupa the following seventeen (17) courses
and distances:
1. North 67 degrees 47 minutes 29 seconds West, 6.07 feet;
2. North 67 degrees 50 minutes 59 seconds West, 37.05 feet;
3. South 69 degrees 37 minutes 55 seconds West, 18.90 feet;
4. South 88 degrees 15 minutes 24 seconds West, 52.97 feet;
5. South 89 degrees 54 minutes 33 seconds West, 38.63 feet;
6. North 78 degrees 20 minutes 30 seconds West, 38.52 feet;
7. North 45 degrees 04 minutes 02 seconds West, 25.81 feet;
8. North 18 degrees 20 minutes 44 seconds West, 16.57 feet;
2
9. North !38 degrees 27 minutes 00 seconds West, 21,46 feet;
10. North 53 degrees 48, minutes 36 seconds West, 43-83 feet;
11. North 71 degrees 33 minutes 02 seconds West,26.86 feet;
12. South 80 degrees 14 minutes 37 seconds West, 23.36 feet;
13. North 54, degrees 40 minutes 31 seconds West, 29.64 feet;
M North 09 degrees 52 minutes 43 seconds West, 22.66 feet;
M North 1.6 degrees 26 minutes 15 seconds,West, 13.38 feet;
16, North 27 degrees 40 minutes 57 seconds West, 36,97 fcet;
17, North 05 degrees 17 minutes 32 seconds West, 31,61 feet nt to
a point and the northerly terminus of said roadways, said poi
being situate soutji 34 degrees 30 minutes 11 seconds East, 1166
feet from, the point on the bullOcad of the canal marked an said
survey as point �A' and being at the terminus of the bearing and
distance of North 07 degrees 09 minutes 32 seconds East 63.98
feet;
RUNNING THENCE South 68 degrees 06 minutes 38 seconds East
along the terminus of said roadways 9.19 feet to a point on the
easterly side of said roadways;
RUNNING THENCE along the easterly and northerly edge of said
roadways the foUowing fourteen (14) coljrses and distances.
1. South 12 degrees 45 minutes 40 seconds East 24.36 feet;
2, South 27 degrees 11 minutes 15 seconds East 18.39 feet;
3. South 50 degrees 42 minutes 36 seconds East 20.24 feet;
4. South 84 degrees 04 minutes 09 seconds East 16.94 feet;
5, South 49 degrees 13 minutes 39 seconds East 35.86 feet-,
6, South 39 degrees 45 minutes 58 seconds East 44.61 feet;
7. South 52 degrees 09 minutes 07 seconds East 37.63 feet;
S. South 70 degrees 27 minutes 56 seconds East 32,28 feet;
9. South 79 degrees 31 minutes 48 seconds East 40.21 feet;
10. South 84 degrees 13 minutes 44 seconds East 48.88 feet-,
11, South 84 degrees 11 minutes 38 seconds East 42,36 fret;
12, South 72 degrees 54 minutes 12 seconds East 19,97 feet;
degrees
south 64 de 04 minutes 44 seconds East 30.14 feet;
14.
13. 9 South 65 degrees 18 minutes 57 seconds East 26.53 feet to
the terminus of Basin Road;
RUNNING THENCE South 30 degrees 018 minutes 40 seconds West
along the terminus of Basin Road 13,37 feet to tile point or place of
BEGINNING,
3
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
iI
THIS INDENTURE,made the 28th day of September, 2019,
BETWEEN
Mary S.Zupa residing at 580 Basin Road,Southold NY 11971,party of the first part,and
Paradise Point Association Inc. having an address at 4380 Paradise Point Road, Southold
NY 11971,party of the second part,
WITNESSETH,that the party of the first part,in consideration of $1 (one dollar)
,paid by the party of the second part, does hereby grant and release unto the party of the
second part,the heirs or successors and assigns of the party of the second part forever,
ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected,
situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York,
known and designated as Parcel to be Merged with Basin Road,as shown on Survey for Paradise Point
Association,Inc.,last dated January 28,2019,more particularly bounded and described as follows:
BEGINNING at a point marked by a monument found on the southerly side of Basin Road at the
northwesterly comer of Lot 5,Subdivision,"Map of Section One,Paradise Point",Suffolk County File
No.3761,said point being situate the following five(5)courses and distances as measured along the
southerly side of Basin Road from the southerly terminus of a chamfer connecting the westerly side
of Robinson Road and the southerly side of Basin Road:
I. North 37 deg.08 min.00 sec.West 46.56 feet,
2. North 84 deg.16 min. 10 sec.West 85.92 feet,
3. South 83 deg.26 min.50 sec.West 101.16 feet,
4. North 85 deg.44 min.40 sec.West 109.63 feet,
S. North 74 deg.24 min.20 sec.West 120.00 feet;
RUNNING thence from said point of beginning South 15 deg. 35 min. 40 sec. West along Lot 5,
Subdivision,"Map of Section One,Paradise Point"27.00 feet to the approximate highwater mark
of the Basin;
RUNNING thence along the approximate highwater mark of the Basin the following six(6)tie-line
courses and distances:
1, North 75 deg.24 min. 18 sec.West 10.06 feet,
2. North 19 deg.34 min.31 sec.West 14.42 feet,
3. North 83 deg.40 min.23 sec.West 40.99 feet.,
4. South 50 deg. 15 min.00 sec.West 1.35 feet,
5. North 70 deg.52 min.34 sec.West 8.13 feet,
6. South 67 deg.33 min.43 sec.West 28.02 feet to a point;
RUNNING thence through land now formerly Mary Zupa the following two(2)courses and distances:
1. North 42 deg.04 min.00 sec.East 57.51 feet,
2. North 17 deg.29 min.17 sec.East 38.39 feet to land now or formerly Basin Road Realty Trust;
RUNNING thence South 74 deg.24 min.20 sec.East along land now or formerly Basin Road Realty
Trust 75.82 feet to a monument found and the northerly side of Basin Road;
RUNNING thence South 30 deg.08 min.40 sec.West along the terminus of Basin Road
51.65 feet to the point or place of Beginning.
CONTAINING an area of approximately 5,240 Sq.Ft..
BEING AND INTENDED TO BE that portion of the same premises as conveyed to the party of
the first part by deed dated April 4,2002 and recorded in the Suffolk County Clerk's Office on
Apri123,2002 in Liber 12181 at Page 887,that was approved for lot line modification and transfer
16 on by Resolution of the Planning Board of the Town of Southold.
Standard N.Y.B.T.U.Form soot•Bargain and Sale Deed,wtthout Covenant against Granior's Acts—Unilorm AcknoWedgmant
Form3264
RESERVING to the party of the first part,a right of way over the aforementioned lot,for access
to the clearest public street,and for utilities,and cobblestone aprons;This conveyance and the
use of the properly conveyed shall not interfere with the two existing driveways, planting
structures and access to Grantor's residential property.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any
streets and roads abutting the above described premises to the center lines thereof;
TOGETHER with the appurtenances and all the estate and rights of the party of the first part
,in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party
of the second part,the heirs or successors and assigns of the party of the second part forever.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that
the party of the first part will receive the consideration for this conveyance and will hold the
fight to receive such consideration as a trust fund to be applied first for the purpose of paying
the cost of the improvement and will apply the same first to the payment of the cost of the
improvement before using any part of the total of the same for any other purpose.The word
'"party" shall be construed as if it read "parties" whenever the sense of this indenture so
requires,
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and
year first above written.
IN PRESENCE OF:
State of New York,County of as: State of New York,County of as:
Can the day of In the year On the day of in the year
before me,the undersigned,personally appeared before me,the undersigned,personally appeared
personally known to me or proved to me on the basis of pamonally known to me or proved to me on the basis of
sattsfaclary evidence to be the Individual(s)whose name()is satisfactory evidence to be the individual(s)whose names)is
(are.)subscribed to the within instrument and acdknowtedged to (are)subscribed to the within'instrument and acknowledged to
me that hers executed the same to hislharftheir me that hershelthey executed the same in hwherftheir
capacity(ies), and that by hismerfiheir signature(s) on the capacity(Ies), and that by hisfherftheir signatures) an the
instrument,the individui or the person upon behalf of which instruni the lindividual(s,),or the person upon behalf of which
the individual(s)acted,executed the instrument. the individual(s)acted,executed the Instrument.
(signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment)
State(or District of Columbia,Territory,or Foreign Country)of as:
On the day of in the year before me,the undersigned,personally appeared
personally knower to me or proved to me on the basis of sattsfactory evidence to be the Individual(s)whose name(s)Is(are)
subscribed to the within instrument and acknowledged to ripe that helshelthey exei the same in hisiherAheir capacityp(les),and
that by hisrherldreir signatunxs,)on the insuiumenk,the individuel(s),or the peisioni upon behalf of which the individual(s)acted,
4ecuted the instrument,and that such individual made such appearance before the undersigned in the
in
(Insert the City or ether Political atrbdtvision) (and Insert the State or country or other place the acknowledgmant was taken)
(signature and office of individual taking acknowledgment
OFFICE LOCATION: � ��r �a MA.ILINrG ADDRESS:
Town Hall Annex Z O r P.C. Box 1179
54375 'State Route 25 Southold, N� 119 71
(car. Maim ]lid. &Youngs Ave.)
Southold, ICY Telephone: 631 765-Il93$
www.southoldtownny.gov
CIO
PLANNING ROAR.Lt OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: December 17, 2019
Re: Checks
Please deposit the attached check into B691: Deferred Revenue. Fee is for a
Lot Line Change Application not yet accepted by the Planning Board.
Thank you,
Project Name & Type IT Tax Map # Amount Check Date &
Number
Paradise Point Association/ 81.-1-29 & $500.00 12/17/201�..
9
....__.._�
ZUPA.�. Properties 81.-1-16.7 #1855.. ..... ....�._..._.
AI
1855 f
SUF�FOLK ENVIRONMENTAL CONSULTING, ZINC. �
PO BOX 2003 .r�u�mrsw�w
BRIIDGEHAMPTON,NY 11932-2003 exe�aa
DATE h � 50-5601214
h 9
f� r
PAY
TO THE
'R OF Q_ �LA....... _ __ 1$ l.J 0
_...... .... DOLLARS
BNBu
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FOR... � �...._
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0,0Y0 11i855V 1•0 2 L4D1�Pn67i 0 L00 1211s 2541rI�Il
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J dai'udi-g Board
Ij
SOUTHOLD PLANNING DEPARTMENT
Re-subdivision (Lot DineModification)
Application Form
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the
proposed RE-SUBDIVISION described herein:
1. Original Subdivision Name None
2. Suffolk County Tax Map # (include all tax map parcels involved)
1000-81-1-16.7 and 1000-81-03- 9
3. Hamlet Southold
4. Street Location 580 Basin Road, 1971
mmmm „roe_ Southold 1
5. Acreage of Site 1.67
6. Zoning District R 80
7. Date of Submission N/A
8. Please provide the names, addresses and phone numbers for the following
people:
Applicant: Ma S. Zu a
580 Basin Rd ........
Southold NY, 11971
E 3.,1... _..
Re-Subdivision Application Form
8. (continued) Please provide the names, addresses and phone numbers for the
following people:
Agent: Victor J. Zupa
580 Basin Rd
Sauthol.d_NY1.1.9 1 ...............
631 807 6392
Property Owners):_ M',ary S. Zupa
580 Basin Rd
SoutholddM 1.19.7-1..
.63' B07 63..17
Surveyor: Nathan Corwinj
1586 Main Rd
James port NY 11947
631 7272090
Engineer: Steven Maresca
188 W Montauk Hwy
vs NY �4.1�94.6..... .
Attorney. Victor J. Zupa
580 Basin Rd
Southold NY 11971
631 8076322
9. Briefly describe the proposed lot line change and state reason(s)for requesting same.
As stated in the ZBA decision of October 23,2018 "the purpose of this transfer [lot line change] is to
sati f a C-5-h r��c on the subject S a _ 6.7)lor s prier vaCiTrteF,ZBA Decision
#5266 issued August 2,2004 which allowed the applicant to residentially develop the site where two
pri cipa sesWexist.a�resi ence and a marina,on t e con rtion that the marina use ee t owed from
the residential property or additional variance relief be sought for the two principal uses. The transfer of
t ins an rom the subject property to Basin Road will remove the large dock structure zFnd place it
correctly on lands owned by Paradise Point Association,Inc."and"the proposed lot line change
effectively separates the Association Marina from the residential lot of the applicant."
2
Re-Subdivision Application Form
10.DOES THE PROPOSED MODIFICATION
(a) Affect the street layout in the original subdivision? no
(b) Affect any area reserved for public use? no
(c) Diminish the size of any lot? yes
(d) Create an additional building lot? no
(e) Create a nonconforming lot? yes
(f) Require a variance from the Zoning Board of Appeals? yes, variance granted
(g) Impact the future planning of the subject properties? nn
11.Does the parcel(s) meet the Lot Recognition standard in Town Code `280-9 L, t
ftco g tior�? Yeses. No If"yes", explain how:
12.Does this application meet the standard in 2 C 57. Waiver, ad qslment of properly
lines to waive the subdivision process?If so, please provide the name and date of the
original subdivision.
13. Application completed by [ ] owner [)f agent [ ] other
Upon submitting a completed application,the Planning Board will review the
proposal and determine if the project is eligible for a waiver of subdivision review
pursuant to Town Code§ 240-57.. Waiver2 adjustment of pr2pgrty lines. If the
application meets the criteria for a waiver,the modification may be authorized by
the Planning Board by resolution and no further review will be required.
If the proposed lot line modification will create substandard lot sizes,lot widths or
make existing structures nonconforming with respect to setbacks,the applicant will
not be able to receive Planning Board approval without first obtaining relief from
the Zoning Board of Appeals.
Signature of Preparer Date
3
Re-Subdivision Application Form
OFFICE LOCATION: � MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 " '�tr "', Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) �)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
;01-
enum,
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: August 6, 2019
Re: Checks
Please deposit the attached check into B691: Deferred Revenue. Fee is for a
Lot Line Change Application not yet accepted by the Planning Board.
Thank you.
Project Name & Type Tax Map # Amount Check Date &
Number
Zupa Resubdivision 81-1-16.7 $
. .... ___.. 500.00 8/6/19 - #5496
Victor & Mary
Zu a
JAM
Att. 4, �
R i UPA ----
580 BASIN Ri)
�3404
S� ��ra„ray I19T 54 96
PAY To DATE
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