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HomeMy WebLinkAbout7352o a, Vmc�lJn4 Uow6heMv- io 6SZ ON- � 719 S'�r�c�Gi i ���s r �� + Y3 'WO red w�� e c`ne w ht+W scab eco 'pro visci �5�e'/3��� ?H � va1 t>evlceA l 1 0-10 05 . Wg24 �'(3'S3 S��d,�c�s•�r► �� mer�td t��d tom- c�t3)3 vpt ba npnCon*s,rer'' ctr d t �`' nth la>t KY AA.S+ IN a�3�o1�-saF —«;alb On $rop y lot t S�{sb & tt kt -f Ir 01 n S COMPLETED CHECK BOXES AS oj,,so 1353 r r•� ( ) Tape this form to outs ( )pull ZBAcopy ofND ( ) Check file boxes for p► ( ) Assign next number 0 outside of file folder ( ) Date stamp entire ori file number () Hole punch entire ori (before sending to T•' () Create rrew index cai ( ) Print contact info &A ( )Prepare, transmittal j ( ) Send original applic to Town Clerk ( ) Note inside file fold and tape to inside o' ( ) Copy County Tax Mz neighbors and AG Ic ( ) Make 7 copies and I ( ) Do mailing label f ln T V V/ Cil 0 t u' 3v�oov z o E X N n* � C:) = � (D �, .. o (�D N O i M Z o o -G ;00 rn ° o_ o 0 @ ' s N I 0 t 3 0 0 0 I 0 3 40 5a 9b iVFi -8(onl�l-.w��3�3 w Ln N BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento ZBA FILE: #7352 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 PEC E IE #WL 6 .3 -.0-1 _PM E E B 2 6/'2020 a Sou old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2020 NAME OF APPLICANT: Vincenzo And Margherita Posillico PROPERTY LOCATION: 650 West Road & 719 Southern Cross Road, Cutchogue, NY SCTM's: 1000-110-5-42&1000-110-5-43 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, non -conforming 23,054 square feet, 0.53 acre irregular- shaped, unimproved lot located in the R-40 Zoning District known as Lot #2 (650 West Road, Cutchogue NY / SCTM: 1000-110-5-42) measures 15.97 feet then 165.35 feet, then 12.10 feet along West Road, then runs north 125 feet along a residentially developed lot to the west, then runs east 90.95 feet and continues 90 feet along a residentially developed lot to the north also owned by the applicant and subject of this Code Interpretation known as Lot #1 (719 Southern Cross Road, Cutchogue, NY / SCTM: 1000-110-5-43) then runs south 125.22 feet along a residentially developed lot to the east. The subject, non -conforming 22,822 square feet, 0.52 acre irregular-shaped, improved lot located in the R-40 Zoning District known as Lot #1 measures 90 feet and continues 90.95 feet along a residentially developed lot to the south also owned by the applicant and subject of this Code Interpretation known as Lot #2, then continues north 125 feet along a residentially developed lot to the west, then runs east 85.22 feet, turns 15.21 feet south, then continues east 84 feet along two residentially developed lots to the north, then runs south 125 feet along a fourth residentially developed lot to the east. Lot #1 is improved with a one- and two-story single-family residence with attached deck, roof terrace, stepping stone paths, slate patio, outdoor shower, trellis over brick path and accessory shed, all accessed by a 15 feet wide Right -Of -Way over the lot to the northwest. Lot #2 is unimproved, as illustrated on the surveys prepared by John Minto, Land Surveyor and dated June 12, 2019. BASIS OF APPLICATION: This is a request for an interpretation pursuant to Article II, Section 280-10; and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval, based on a re-application for a previously denied waiver of merger to determine whether the subject premises is exempt from the merger Page 2, January 23, 2020 #7352, Posillico SCTM No. 110-5-42 & 110-5-43 provision; at: 650 West Road & 719 Southern Cross Road, Cutchogue, NY. SCTM#'§1000-110-5-42 & 1000-110- 5-43. RELIEF REQUESTED: The applicant requests the ZBA to interpret the Town Code to determine that Waiver of Merger application, file #5820 denied and dated May 24, 2006, be reviewed to include the exemption of merger by death provision adopted in 2007 be applied and to un -merge two previously, existing lots that were merged by Town Law. ADDITIONALBACKGROUND INFORMATION: The subject parcel was previously denied a Waiver of Merger in 2006 under application #5820. In 2007 the Town of Southold adopted a new code provision allowing the EXEMPTION of merger by death. No language in this additional provision to the waiver of merger law expressly permits the exemption to apply retroactively, The applicant purchased the merged subject property in 2017, approximately 11 years after the 2006 Waiver of Merger application was denied. . The applicant's agent submitted, a' Memorandum of Law citing the revised law during the public hearing and requests the Board to apply the law as written today to an application denied a year prior to the law's amendment. In the application, the applicant's agent states: "Even though the Waiver of Merger was denied she (Kathleen Fraleigh) transferred the title to her husband in anticipation of the future change to the law (Exemption by death). The law, in fact, changed in 2007 correcting the inequity and recognizing that merger due to death should be `exempt' from merger." The applicant fails to address that the exemption only applies to lots merged due to death after, not prior to the adoption of the exemption in 2007. Here, the merger occurred prior to the adoption of the exemption. Therefore, the exemption did not apply to Kathleen Fraleigh's situation because her lots had merged prior to the adoption of the exemption. While Kathleen Fraleigh may have anticipated the change in the law, she did not formally seek any remedy during the remaining decade of ownership, prior to selling the property to the applicant. Kathleen Fraleigh's mere anticipation that the new law would apply to her situation does not make it so. The transfer of title by Kathleen Fraleigh, after the lots merged and after this Board's denial of her Waiver of Merger application was therefore in contravention of zoning. As a matter of public -policy a decision in favor of retroactive application of the exemption would set precedent and allow the exemption to apply to any other lot merged prior to the adoption of the exemption. Opened as an independent hearing, the applicant also applied for and was heard subsequently for variances under file 47353 requesting a subdivision of the subject property recognizing the lots originally created in 1966 by W. Harry Lister and also seeks variances for `as -built' conditions of the residential structure on the lot. Several neighbors spoke at the public hearing or wrote letters against the application. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 2, 2020 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. - Subject lots were merged as a matter of law in 2000. 2. The Zoning Board of Appeals denied the Waiver of Merger application in 2006. 3. The Town of Southold adopted a revision to the Waiver of Merger law allowing exemption by death for lots merged in 2007. Page 3, January 23, 2020 #7352, Posillico SCTM No. 110-5-42 & 110-5-43 4. The applicant applied for the retroactive application of the 2007 law in this current application. DETERMINATION OF THE BOARD: Based upon the FINDINGS OF FACT cited above, and the application of the current Southold Town Code, the Zoning Board of Appeals hereby makes the following interpretation of the code: The revised law, §280-10 C (6), if the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner, does not apply retroactively to lots merged prior to the adoption of the law. The language of the law does not include any provision for retroactive application of the exemption due to death; the assumption of statutory interpretation is for proactive application of the law instead. For this reason, the exemption does not apply to the applicant's lot. RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Planamento, seconded by Member Weisman (Chairperson), and duly carried, to DENY the request to retroactively apply the Merger by Death exemption and to UPHOLD THE DENIAL of the Waiver of Merger. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento and Lehnert (4-0) (Member Acampora Absent) -t Leslie Kanes Weisman Chairperson Approved for filing BOARD MEMBERS SOUTH Southold Town Hall Leslie Kanes Weisman, Chairperson ��� ��® 53095 Main Road • P.O. Box 1179 .� Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Co���+� . Southold,.1\iY:11971 http://southoldtownny.gov ID ZONING BOARD OF APPEALS; v D TOWN OF SOUTHOLD Tel. (631) 765-1809 J S E P 5 2024 August 22, 2024 BUILDING DEPT. Michael Verity TOWN OF SOUTHO;{D Town of Southold Building Department RE: ZBA#7352, Vincenzo and Margherita Posillico 650 West Road& 719 Southern Cross Road, Cutchogue SCTM No. 1000-110-5-42 &43 Dear Mr. Verity; We are in receipt of a copy of the letter dated August 14, 2024 from the Law Office of Patricia Moore informing you of the 2023 Supreme Court; Appellate Division Decision which upheld the New York Supreme Court decision annulling the Zoning Board of Appeals 2020 determination,(Z13A#7352) which denied the applicant's request for a waiver of lot merger. Based upon the court's order that the Posillico lots were exempt from merger, the ZBA's decision was overturned and the Posillico lots (1000-110-5-42 and 43) are therefore single and separate building lots. Therefore, the vacant parcel is eligible for a building permit. Mrs. Moore had indicated that a Suffolk County Department of Health approval is forthcoming to construct a single-family dwelling on the vacant parcel, for which you wrote a Notice of Disapproval based upon the ZBA's decision, which is now moot. She has requested that you write a determination rescinding the Notice of Disapproval, based upon these facts which this letter hereby confirms. Please provide us with copies of the aforementioned determination, so that we can update our records. in rely, C eshe Kanes Weisman Chairperson cc: Julie McGivney, Assistant Town Attorney Patricia Moore, Attorney at Law PATRICIA C. MOORE Attorney at Law 51020 Main Road �E Southold,New York 11971 Tel: (631)765.4330 20 A06 l52#24 Fax: (631) 765 4643 NINGe0AP-D0F 4, `�Z4 August 14, 2024 By Hand Mike Verity, Building Inspector Southold Town Building Department Town Hall Annex, 54375 Main Road, Southold, NY 11971 Re Vincenzo & Margherita Posillico (ZBA file #7352) Premises: 650 West Road & 719 Southern Cross Road, Cutchogue SCTM#1000-110-5-42 & 43 Dear Mike: Mr. Posillico went to the building department last week to inquire what he would need, other than Suffolk County Health Department and construction drawings, to be issued a building permit for a single-family dwelling on the vacant parcel, and he was handed the 2020 ZBA decision which denied the building permit application due to merger of the two parcels. The ZBA decision was reversed. You should have received from the Town's litigation attorney, Devitt Spellman Barrett, LLP a copy of the 2023 Appellate Division decision which upheld the New York Supreme Court decision, both the Supreme Court and the Appellate Division annulled the ZBA's determination dated February 20, 2020, and directed the ZBA to grant the petitioner's application to interpret Town Code Section 280-10 ( C) (6) that the Posillico lot was exempt from merger. A copy of the Appellate Division decision is herein attached. The Appellate Division overturned the Zoning Board decision of#7352, the Posillico lots (1000-110-5-42 & 43) are exempt from merger and are entitled to a building permit. Mr. Posillico will be obtaining Health Department approval to construct a single-family dwelling on the vacant parcel. To prevent any further misunderstanding, we would respectfully request a written determination from the building department rescinding the notice of disapproval and finding that the lot is "single and separate" and eligible for a building permit. I have copied the Zoning Board. Their records should also be updated accordingly. Very t ours, icia C. Moore Cc: Leslie Weisman, Chair of the Zoning Board of Appeals Paul De Chance, Town Attorney Oupremr Tours of t4r Otate of New lark Appellate Ruinion: 0trond Judidal Drpttrfmtnt D71857 T/htr AD3d Submitted-March 6, 2023 ANGELA G. IANNACCI, J.P. LARA J. GENOVESI DEBORAH A. DOWLING HELEN VOUTSINAS, JJ. 2021-07363 DECISION &ORDER In the Matter of Vincenzo Posillico, et al., respondents,v Southold Town Zoning Board of Appeals, appellant. (Index No. 1498/20) Devitt Spellman Barrett, LLP, Smithtown, NY (Scott J. Kreppein of counsel), for appellant. In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Southold dated February 20,2020, which denied the petitioners' application for a determination that Code of the Town of Southold § 280-10(C)(6) applied retroactively, and that certain properties owned by the petitioners were therefore exempt from the merger provisions of the Code of the Town of Southold,the Zoning Board of Appeals of the Town of Southold appeals from a judgment of the Supreme Court, Suffolk County(David T. Reilly, J.), dated August 23, 2021. The judgment granted the petition, annulled the determination, and, in effect, directed the Zoning Board of Appeals of the Town of Southold to grant the application. ORDERED that the judgment is affirmed, without costs or disbursements. The petitioners,Vincenzo Posillico(hereinafter Vincenzo)and Margherita Posillico (hereinafter Margherita),are the respective owners of two adjoining parcels of real property located in the Town of Southold. Margherita is the owner of a nonconforming 0.52-acre parcel of property (hereinafter Lot 1), which is improved with a single-family residence. Vincenzo is the owner of a nonconforming 0.53-acre parcel of property (hereinafter Lot 2), which is vacant. The properties became nonconforming in 1973 when the Town increased the minimum lot area to 40,000 square feet. In 1983,the Town enacted Code of the Town of Southold(hereinafter Town Code) §280-10(hereinafter the merger law),which merged nonconforming lots that were held in common August 30, 2023 Page 1. MATTER OF POSILLICO v SOUTHOLD TOWN ZONING BOARD OF APPEALS ownership. At the time the merger law was enacted,Lot 1 was owned by nonparties James Fraleigh and Kathleen Fraleigh as joint tenants with rights of survivorship, and Lot 2 was owned solely by Kathleen Fraleigh. In 2000, James Fraleigh died, and Kathleen Fraleigh, as the surviving joint tenant,became the sole owner of Lot 1. As a result, the two lots were deemed merged pursuant to Town Code § 280-10(A). ' In 2007, the Town enacted Local Law No. 10-2007,which amended the merger law by creating an exception for properties which had become merged as the result of the death of a co- owner. The amendment was effected by the addition of a new subparagraph (6) to Town Code § 280-10(C),which provides: "Exceptions. Lots which. . .meet any of the following categories shall be exempt from the merger provision . . . and shall not be deemed merged by operation of this chapter: . . .(6) [i]f the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots,except that the lots shall not be held in common ownership after the death of the surviving co-owner." The Town Board explained its intent in enacting the exception as follows: "Purpose—The Town Board has received substantial public comment to the effect that the Town of Southold merger law,as currently constituted,unfairly subjects surviving spouses and other joint owners of property to the loss of the single and separate status of their adjoining properties merely by the death of one such joint owner. Inasmuch as the Town Board believes this result is unjust and not the intended consequence of the merger law, it believes it necessary to provide for a limited exception to the merger of such properties" (Local Law No. 10-2007[i]). 1112017,Maroherita purchased I.ot 1 li'om Kathleen I ralci��h ilnd Vllleen7.0 I)LI1'C11itSCd Lot 2. Tilereal'ter. Vincenzo filed an application fora building hermit to build a singly:-family home on Lot 2. 'I'he'I'o wn's liuildin�() I)epartmcnt rclllscd to isst.le the building he' it h�CUutiC It IIICI Itllt deem the .merger exemption ahhlicable to the petitioners, two lots. The petitioners liled an application to the Town of Southold Zoning Board of Appeals (hereinafter the ZBA) for an interpretation of'I own Code § 280-10(C)(6)to confirm that the petitioners' properties were exempt from the merger law. On February 20,2020,the ZBA denied the petitioners' application. The ZBA detennined that Town Code§280-10(C)(6)did not apply retroactively,and therefore the exemption provided by that statute did not apply to Lot 2. The petitioners thereafter commenced this proceeding pursuant to CPLR article 78 to review the ZBA's determination. By judgment dated August 23, 2021, the Supreme Court determined that Town Code § 280-10(C)(6), as a remedial law, applied retroactively, and that the petitioners' properties were therefore exempt from the merger law. The court therefore granted the petition, annulled the determination, and, in effect, directed the ZBA to grant the petitioners' application. This appeal ensued. "In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, a zoning board's interpretation of its zoning ordinance is entitled to great deference, and judicial review is generally limited to ascertaining whether the action was illegal, arbitrary and capricious, or an abuse of discretion" (Matter of Mutual Aid Assn. of'the Paid Fire Dept. of'the City of'Yonker s, N.Y., Inc. v City of'Yonkers Zoning Bd. of Appeals, 199 AD3d 803,905 [internal quotation marks omitted]; see Matter of'Brancato v Zoning Bd. of Appeals of City of Yonkers, N.Y., 30 AD3d 515, 515). "`Nevertheless,a narrow but well recognized exception to this rule exists where the question is one of pure legal interpretation of statutory terms, in which case August 30, 2023 Page 2. MATTER OF POSILLICO v SOUTHOLD TOWN ZONING BOARD OF APPEALS deference to the zoning board is not required"'(Matter of Brancato v Zoning Bd ofAppeals of City of Yonkers, N.Y., 30 AD3d at 515, quoting Matter of 151 Rte. 17MAssoc., LLC v Zoning Bd. of Appeals of Vil. of Harriman, 19 AD3d 422, 424 [internal quotation marks omitted]; see Matter of New York Botanical Garden v Board of Stds. &Appeals of City off.Y., 91 NY2d 413,419). "[T]wo axioms of statutory interpretation" are relevant in determining whether a statute should be given retroactive effect(Matter of Gleason[Michael Vee,Ltd.],96 NY2d 117, 122; see Nelson v HSBCBank USA,87 AD3d 995,997). "Amendments are presumed to have prospective application unless the Legislature's preference for retroactivity is explicitly stated or clearly indicated" (Matter of Gleason [Michael Vee, Ltd.], 96 NY2d at 122; see Majewski v Broadalbin- Perth Cent. School Dist., 91 NY2d 577, 584;Matter of OnBank& Trust Co., 90 NY2d 725, 730; People v Duggins, 192 AD3d 191). However, "remedial legislation should be given retroactive effect in order to effectuate its beneficial purpose"(Matter of Gleason[Michael Vee,Ltd.],96 NY2d at 122;see Majewski v Broadalbin-Perth Cent. School-Dist.,91 NY2d at 584;Matter of OnBank& Trust Co., 90 NY2d at 730; People v Duggins, 192 AD3d 191). "Remedial statutes are those designed to correct imperfections in prior law, by generally giving relief to the aggrieved party" (Nelson v HSBC Bank USA, 87 AD3d at 998 [internal quotation marks omitted]). While these principles serve as guides,ultimately,the court must attempt to discern the legislative intent either from the particular words used or, barring that, from the nature of the legislation (see Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal, 35 NY3d 332, 370;Brothers v Florence, 95 NY2d 290, 299;Matter of OnBank& Trust Co., 90 NY2d at 730). Here, the legislation did not include any express directive as to whether the amendment was to be applied retroactively. However,Local Law No. 10-2007,which amended the merger law,was clearly a remedial law, intended to correct the unjust consequences of the merger law as it had previously existed. The legislative history that is a part of the record also supports retroactive application of the amendment. Further,retroactive application of the amendment would not result in unfairness or impair substantive rights(see Becker v Huss Co.,43 NY2d 527,540-542; see generally Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal, 35 NY3d at 370). Accordingly, the Supreme Court properly granted the petition, annulled the ZBA's determination dated February 20, 2020, and, in effect, directed the ZBA to grant the petitioners' application. IANNACCI,J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur. ENTER: Darrell�A./6s3h'=-"' Acting Clerk of the Court August 30, 2023 Page 3. MATTER OF POSILLICO v SOUTHOLD TOWN ZONING BOARD OF APPEALS opolo . (-Afp OFFICE LOCATION: Town Hall Annex 1 ' I I ►` 54375 State Route 25 mgr. 5 Main Rd. & Youngs Ave.) Southold, NY 1., l PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board 01� Date: December 20, 2019 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov RECEIVED DEC 2 0 2019 Zoning Board Of Appeals Re: Request for Comments for Posillico Lot Area Variance SCTM#1000-110.-5-42 & 43 ZBA #: 7352 & 7353 The Planning Board has reviewed your request for comments regarding the above - referenced file. On the issue of the interpretation, this is outside the purview of the Planning Board and no comments are offered. On the issue of the lot area variances, if the Zoning Board's finds that the lots are still merged the Planning Board recommends denying the substantial lot area variances. This recommendation is due to the precedent this would set of granting large area variances for small lots that could affect neighborhoods in many other areas in the Town. Setting this precedent is not consistent with the Town's Comprehensive Plan, and has the potential for cumulative adverse impacts to traffic, water quality and water quantity. Based on the surveys submitted, the proposed lot areas and percentage of variances requested are shown below: • SCTM#:1000-110.-5-42 Proposed Lot Area = 23,054 sq. ft. Required = 40,000 sq. ft. o Area Variance = 42% Southold Town Planning Boa, u Page 12 • SCTM#:1000-110.-5-43 Proposed Lot Area = 22,822 sq. ft. Required = 40,000 sq. ft. o Area Variance = 43% .ecember 20, 2019 RECEIVED 735 DEC 2 0 2719 Zoning Board Of Appeals As shown by the calculations above, both proposed parcels would require substantial area variances. The R-40 Zoning District also requires a lot depth of 175'. Currently, lot depth is shown at 125' on parcels 42 & 43, and would require a 28% area variance. As proposed, the application does not meet the lot depth requirements or lot area requirements of the bulk schedule on parcels 42 & 43. The Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization Plan as well as the Town Code, identifies the Residential -40 Zoning District as having a minimum lot size of 40,000 square feet. Many parcels in the subject neighborhood are pre-existing, non -conforming with regard to the lot dimensions and setbacks in the Town Code. Applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town, and has been common practice to reduce the impacts that come from overly dense development over time. This is the main goal of the merger law that requires that undersize parcels merge when held in the same ownership. Granting substantial area variances to unmerge lots using the rationale that the other lots in the neighborhood are small would undermine the zoning in all the areas where there are smaller lots. There are likely a larger number of merged lots in the Town. If the precedent is set by granting this variance, the concern is that more applications will come in to divide properties using substantial variances, resulting in an increase in the future buildout. And an increase in the Town's future buildout will have adverse effects on the Town over time. The adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. Thank you for this opportunity to provide comments, and please feel free to contact the Planning office with any questions. SURVEY OF PROf -'RTY GUTCH06LE TOM: SO,.' ,s SVFFOL,GouNTy'q NY SURVEYED, : OCTOBER 25, 2007 SUFFOLK COUNTY TAX # 1000-110-5-42 tC>QIl8'1C D TO: flees Fmeigh NOTES: MONUMENT FOUND' Area = 23,012 5q Ft. Area = 0.5283 Acres PROPERTY ZONE R-40 FLOOD- ZONE. X GRAPH I G 5GALE Ill= 50' 1 i Ott Of 9 vo 11069011 GP GAN � Q°®111 • 0 Fo'%�l r X19 g® rid AUG 2 2 2099 5h�d % Zoning Board Of Appeals c �0 0 t� 0 C) /moo oXl yl�ol I g. e. h �r Q�9 J�v�Oy� �' \ �a S eG.� ` Iva N WE T -- S 14Wtharized al�efouon or addl[fon to p,w,tey (m(i LeorJpg al�eruoG IDb Du'yeyor'D Deo! A o vbla[bn aP DaaVan 7]09. Dub�INDron?, o� the -Nan York Stote_ fidu¢Dtlon lm�.' �pily coples.Ffom the a.1gWI o1 uUs ew.,ey kod w W an orlglrol aP W bM Hrlaprs stamped moi shall bo vmldered to lb vplid Ove 'LoruFleotlons I�dleotad hxoon IIc�NIV that tfd9 ey was p'�pored Gi ^••ordoriee 1 tls> etr_ fD[_Ny Lode of F'raeuee Por taid Sxveya odopeDC b'J the Non York Stvte AsxalatbnoP Prolemlorml LVSi P --C. Said eertiFleatlnna:011=2 1l ne o 2 to tho parson eof whom the a.yey b prepares and an hie botnle to tho puo eoapomy ernmen- toi a9e^a9 aid mnding unuwten uDred � ana to'the oselgioo3 0l tho IenG4�y WLDid-1 Lefu-. tlamD ore rot traneParobie teladdivanol haCRu[loM JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN Sr1EET N.Y.S. LIC. NO.50202 RIVERHEAD, N.Y. 11901 3-69-8288 Fax 369-8287 REF.—\\Compagseryer\pros\07\07-220.pro UNAUTHORIZED ALTERATION OR A ON TO THIS SURVEY IS A VIOLATION Ut• SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. 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. GUARANTEES 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 INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE. Note: ALL SUBSURFACE STR_-- JRES; WATER SUPPLY, SANITARY SYSTEMS, DRAINAGE, DRYWELLS AND UTILITIES, SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS, THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED, CROSS SOUTHERN 72�.g77�__' tie aavewm , ,� o t Zo i; ame�oy z \ o O o %1 z CD ca -" drive�raY rn �. � �CD 15' wide Right—of—Way o CTL 0 0S'70°22'00"W 7z- 11 N t- -------------- 85.22' 0 of w is 4 v 42.0' m �I � � w chain link fenutilit fence 0.0 Pota f J , �x =n17 I � x O x driveway Site: 719 Southern Crass Road, Cutchorgue, NY 11935 OkW1 frt JMM tlMCM GY JM ��t_ _ f1vL- Gn fnE D March 2017 �� �d�-�j !T �,�'' e �yp� yQ. 17\WenlRaadCutehogua z"r U BAf "Vi C, / RECEIVED AUG 2 2 2019 �fl Zoning Board Of Appeals 84.00' V0022'00V trellis uwrr_ �,. shed ` JJ 10.1 shower a"`�I � god ata Frame deck ou 24,8' ---- Residence I t � SRI AREA ® 22,822 SQ. FT. '~ 24,1' BtCjI,Y 0.52 ACRS stipi„9 trema'tstan0dock ag' t1,f stone walk 2 atrps 2D, t" ' SCK monun>fln! X I 3x N x x I x I Ox x I X �I z x ` , 1 z x '0 z � s� - cn - O x �x � 00 x O � ' m x _ � x so o �" � � x � I I x I x Site: 719 Southern Crass Road, Cutchorgue, NY 11935 OkW1 frt JMM tlMCM GY JM ��t_ _ f1vL- Gn fnE D March 2017 �� �d�-�j !T �,�'' e �yp� yQ. 17\WenlRaadCutehogua z"r U BAf "Vi C, / RECEIVED AUG 2 2 2019 �fl Zoning Board Of Appeals 84.00' V0022'00V trellis uwrr_ �,. shed ` JJ 10.1 shower a"`�I � god ata Frame deck ou 24,8' ---- Residence I t � SRI AREA ® 22,822 SQ. FT. '~ 24,1' BtCjI,Y 0.52 ACRS stipi„9 trema'tstan0dock ag' t1,f stone walk 2 atrps 2D, t" ' SCK monun>fln! N 11.0' ` , 1 m 32' � s� Q2' I �" slc;per stone �, atdk I I Vq patio \ aoncrelo cover O N690472011E 90.95' N6903750" E 90, 00' to, end 0 O,J'S e LOW Q LAND NOW OR FORMERLY OF - -®" Am LAND SURVEYING U Mintoville@aol.com SUBDIVISIONS TITLE & MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LAND PLANNERS SITE PLANS JOHN MINTO, L.S. PHONE. (631) 724-4832 LICENSED PROFESSIONAL LAND SURVEYOR NEW YORK STATE LIC. NO. 49866 FAX: (631) 724-5455 93 SMITHTOWN BO U OVARD SMITHTOWN, N.Y. 11787 3 KATHLEEN FRALEIGH I Survey of Property situate at Cutcho u Town of Southold Suffolk County, New York Tax Map #1000-110-5-43 Scale 1 "= 30' March 1, 2017 Up—date June 12, 2019 GRAPHIC. SCALE ( IN FEET ) I inch = 30 ft, W FORM NO. 3 RECEIUED TOWN OF SOUTHOLD AUG 20i9 BUILDING DEPARTMENT NOTICE OF DISAPPROVAL .ZONING BOARD OF APPEALS DATE: May 30, 2019 RENEWED: August 20, 2019 AMENDED: August 22, 2019 TO: Patricia Moore (Posillico) 51020 Main Road Southold, NY 11971 Please take notice that your application date .'Jnuary 7, 2019: For a permit for a subdivision of merged lots and to legalize "as built" additions/alterations to an existing single- family dwelling at: Location of property: 650 West Road & 719 Southern Cross Road, Cutcho ug e, NY County Tax Map No. 1000 — Section 110 Block 5 Lot 42 & 43 Is returned herewith and disapproved on the following grounds: The proposed subdivision, to re-create two previously existing lots merged by town law, in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-14, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule." Proposed Lot 1 got 43) -Bulk Schedule requires a minimum lot size of 40,000 square feet and a lot depth of 175 feet. Following the proposed_ subdivision, Lot 1 will be non -conforming, measuring 22,822 square feet in size_wi a lot depth of 125 feet. Proposed Lot 2 (lot 42)- Bulk Schedule requires a minimum lot size of 40,000 square feet and a depth of 175 feet Following the proposed subdivision, Lot 2 will be non -conforming, measuring 23,012 sq. ft. in size withz.lot depth of 125 feet. M In addition, the "as built" additions and alterations to an existing single-family dwelling on proposed lot 1 is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring 20,000-39,999 square feet in total size require a minimum side yard setback of 15 feet and a rear yard setback of 50 feet. The as built construction has a side yard setback of 11 feet and a rear yard setback of ±27.8 feet. Lastly, the proposed subdivision requires approval from the Southold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, Planning, file FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL TO: Patricia Moore (Posillico) 51020 Main Road Southold, NY 11971 7 Rc{,EIUEE' AUG 2 2019 ZONING BOARD Or APPEALS DATE: May 30, 2019 RENEWED: August 20, 2019 Please take notice that your application dated January 7, 2019: For a permit for a subdivision of merged lots and to legalize "as built" additions/alterations to an existing single- family dwelling at: Location of property: 650 West Road & 719 Southern Cross Road, Cutcho ug e, NY County Tax Map No. 1000 — Section 110 Block 5 Lot 42 & 43 Is returned herewith and disapproved on the following grounds: The proposed subdivision, to re-create two previously existing lots merged by town law, in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-14, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule." Proposed Lot 1 (lot 43) -Bulk Schedule requires a minimum lot size of 40,000 square feet and a lot depth of 175 feet. Following the proposed subdivision, Lot 1 will be non -conforming, measuring 22,822 square feet in size with a lot depth of 125 feet. Proposed Lot 2 (lot 42)- Bulk Schedule requires a minimum lot size of 40,000 square feet and a depth of 175 feet. Following the proposed subdivision, Lot 2 will be non -conforming, measuring 23,012 sq. ft. in size with a lot depth of 175 feet_ In addition, the "as built" additions and alterations to an existing single-family dwelling on proposed lot 1 is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring 20,000-39,999 square feet in total size require a minimum side yard setback of 15 feet and a rear yard setback of 50 feet. The as built construction has a side yard setback of 11 feet and a rear yard setback of ±46 feet. ivision requires approval from the Southold Town PlanningBoard. oard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, Planning, file RECEIVED �� 705 6222019 Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS INTERPRETATION House No. Street 650 West Road Hamlet Cutchogue SCTM 1000 Section -110 — 110_ Block_05_Lot(s)_42 & 43—Lot Size Tax Lot 42= 20,550 & Tax Lot 43- 24,011 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 30,2019, UPDATED:2W11—�� BASED ON MAP DATED ( Lot 42) -October 25, 2007and (lot 43) -March 1, 2017. Applicant(s)/Owner(s): Vincenzo Posillico & Margherita Posillico Mailing Address: 145 Harvard Street, Westbury NY 11590 Telephone: 516-333-3397 Fax #: c/o 631-765-4643 Email: pcmoorena,mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_ 631-765-4330 Fax #: 631-765-4643 Email: pcmoore(a)mooreattys.com Please check box to specify who you wish correspondence to be mailed to, from the above names: Applicant/Owner(s), or X Authorized Representative, or Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED _(Tax Lot 42) -October 25, _2007 and (Tax lot 43) -March 1, 2017 and DENIED AN APPLICATION DATED January 7, 2019 FOR: (X) Building Permit () Certificate of Occupancy () Pre -Certificate of Occupancy () Change of Use () Permit for As -Built Construction (X) Other:_(1.) Interpretation 280-10 C (6) merger due to death of co-owner allows surviving co-owner to retain single & separate status of parcels. The surviving co-owner may sell single and separate parcels to 3rd parties, who must keep the parcels single & separate (X) ❑ Reversal or Other _Building Department will not recognize exemption of waiver under Article 280 Section 10 C (6) due to prior ZBA Waiver of merger which was denied. The denial was based on a prior waiver of merger law. Current Law is to be applied. Article: Section: 280 Subsection: 10 C (6) A prior appeal X has, has not been made at any time with respect to this property, UNDER Appeal No. 5820 Year 2006. 1 RECEIVED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Eoning Ordinance by numbers. This information is indicated on the Notice of Disapproval) '73064 ❑ Interpretation of the Town Code, Article 280 Section 10 C(6) AUG 2 2 219 (Please be sure to research before completing this question or call our office for assistanc.) Zoning Board Of Appeals Name of Owner: Vincenzo & 1Vlargherita Posillico ZBA File # INDICATE REASONS FOR INTERPRETATION—please indicate portion of the Southold Town Code you wish the Zoning Board of Appeals to render an Interpretation and give an explanation Furthermore, if prior determination of this Board should be considered when makina a board determination, please list them. (Please be specific Additional sheets may be used with preparer's si nature 1. INTERPRETATI®N: 208-10 ... Local Law 10-2007 C. Exceptions to merger. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: [Amended 3-4-1997 by L.L. No. 4-1997; 4-10-2007 by L.L. No. 10-20071 (6) If the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots, except that the lots shall not be held in common ownership after the DEATH of'the SURVIVING co-owner. (Emphasis added) This exception created an opportunity for the co-owner, now only surviving owner, to continue the "exemption" until they either died, added another co-owner, or sold the property to new owners who would have to maintain the single & separate status. In the case of Tax Map Parcel 42 (Lot) Kathleen purchased the lot with her brother in 1976. Kathleen Fraleigh and her brother James B. Fraleigh were in title until his death. Upon the death of her brother she became the surviving co-owner of the lot (Applying the unintended merger due to death) Tax MaD num e) Kathleen Fralei, RECEIVED -73,TQ AUG 2 2 2019 Zoning Board Of Appeals 1966. The house was solely owned by Kathleen. She transferred the house to add her husband, James H. Potts on August 15t', 2006. Even though the waiver of merger was denied she transferred the title to her husband in anticipation of the future change to the law. The law, in fact, changed in 2007 correcting the inequity and recognizing that merger due to death should be "exempt" from merger. The title to the two properties was again kept single and separate, the surviving co-owner Kathleen Fraleigh owned the lot and Kathleen Fraleigh and her husband owned the house. Her husband died in 2012, she was once again the surviving co-owner. Again the mercer "due to death" is applied. RECENED �- / ,.J SQ AUG 2 2 2019 Kathleen Fraleigh was the surviving co-owner. she was alive whigofftl Board Of Appeals property was sold to Posillico. The parcels were exempt from merger, they could be sold, and the two parcels were retained in single & separate title. The lot was sold to Vincenzo Posillico. The house was sold to Margherita Posillico. This language provides a complete exemption to the merging of the parcels no different than if the other listed exemptions (1) through (5)1 had been applicable. For example, if the non -conforming lot is over 40,000 sq.ft. in size then the parcel will not merge to an adjacent lot. Two one acre parcels held in the same name do not merge. The language is clear and unambiguous .... the surviving co-owner ma sell the parcel preserving the seller's previously maintained single & separate status. If the surviving co-owner dies ( i.e. 2" to die) then the waiver of merger process does not apply and the owner of the non- conforming parcels must obtain an area variance to re -subdivide the parcels. When this was raised with the building department, in writing, the building department refused to recognize the exception because the parcel had been the subject of a waiver of merger application which had IC. Exceptions. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by [Amended 3-4-1997 by L.L. No. 4-1997; 4-10-2007 by L.L. No. 10-2007] (1) The nonconforming lot has a minimum size of 40,000 square feet; or (2) The nonconforming lot obtained a lot size variance from the Zoning Board; or (3) If the lot is not on the maps described in former § 100-12,[1]the nonconforming lot has been held in single and separate ownership from July 1, 1983, to date; or [1]Editor's Note: Former § 100-12, Exceptions, was repealed 1,1-28-1995 by L.L. No. 23-1995, effective January 1, 1996. (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date; (5) Each lot is currently developed with a one -family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one; or (6) If the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. T212 ED AU 5Q been denied. G 2019 Zoning Board Of APPeals As a matter of law, when there is a change to the law uroviding re ie from a zoning code which previously adversely affected the property, the new law must be applied. The application of 280-10 exemptions maintained the two parcels as single and separate when Fraleigh was the owner and the lots remain single & separate today. ..........., ,f. Signature of Appellant or Authorized Agent(Agent must submit written Authorization from Owner) Sworn to before me this day of --7-4 L - X , 20 Nota&-PU61ic MARGARET C RUTKOWSK! NOTARY pU6UC, STATE OF NEW YORK Registration No. OIRU4982528 auali ied in Suffolk County N1y Cornrnission Expires June 3, --� RECEIVED -7&� AUG 2 2 2019 Zoning Board Of Appeals Southold Town Zoning Board of Appeals Re: Posillico SCT1M[': 1000-110-5-42 & 43 For Interpretation i APPLICANT'S PROJECT DESCRIPTION APPLICANT: i/, 0 C Ail CVQln'' d 6 po'.Sc (Da cc, DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): RECEIVED °-efZLth to Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: M. Proposed Construction Description (Alterations or Structural Changes) MC)yXZ (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3 Proposed increase of building coverage: Square footage of your lot: 01-� -g 97 Percentage of coverage of your lot by building area: Lt4- 4 V. Purpose of New Construction: _ } r�-i 0-"" VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 RECEIVED QUESTIONNAIRE 7"� FOR FILING WITH YOUR ZBA APPLICATIONJ AUG 2 2 2019 A. Is the subject premises listed on the real estate market for sale? Zoning Board Of Appeals Yes_C No B. Are there any proposals to change or alter land contours? Y, No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? K 3.) Is the property bulk headed between the wetlands area and the upland building area? Wo 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?_��� Please confirm status of your inquiry or application with the Trustees: AJ1A and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �Ib E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? Ars, Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? _ If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: v gkLim f'Cv l 6&f o d NS �EIL� d G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. e' - c> P y H. Do you or any co-owner also own other land adjoining or close to this parcel? 1�'A . If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel HG-aQ,.e -r- Lel- and the proposed use 6 eta (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED AUG 2 2 2019 Zoning Board Of Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. f ` 1. Name of Applicant: }1 / 6e,P - 2. Address of Applicant: / S /`��✓c��r S Qom,f h�,�� �/ S `%27 3. Name of Land Owner (if other than Applicant): $ 4. Address of Land Owner: 5. Description of Proposed Project: n. Location of Property: (road and Tax map number If ni - — �S o 1/L` -a P, -Vac -l- Oyler . 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes {0o 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. 1. 2. 3. 4. 5. 6. NAME and ADDRESS N (Please use thelr�'age if there are additional property owners) P-11. - 7 /d;W i/ pplicant 1 Date If Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 6I Z20 Appendix B Short Environmental Assessment F Instructions for Completing RECEIVED AUG 2 2 2019 Zoning Board Of Appeals Part 1- Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): je oc-0 (Lbf) 7 (s Brief Description of Proposed Action: - (• i Kf e i c - °Lfvuc cd tc,-v, L"�- WC, ity �� MQ -'(Cl -fir oZ .Areo, VcvucwuRyc�ls(��-5vbc\�v,clo)-P>,,�sep ��ftc 5rcle yanJ r l!O V Y 004 �} c�(vvr AOcis� -t- deck — 6X& 3 Av 20, �/c�v, % �L Name of Applicant or Sponsor: Pog )oc Telephone: I ► ,:�., E -Mail: Address: City/PO: \A/ c+ s -f 6U^ State: �1 Zip Code: J ( 57? (-) 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? 7 If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: -3.a. Total acreage of the site of the proposed action? Saws acres b. Total acreage to be physically disturbed? d acres 5 c..Total acreage (project site and any contiguous. properties) owned or controlled by the applicant or project sponsor? r Gtcxc_ acres . 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial o Commercial u4sidential. (suburban) 11 Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): El Parkland Pape 1 of 4 RECENED�� 5. Is the proposed action, NO a. A permitted use under the zoning regulations? AUG 2019 b. Consistent with the adopted comprehensive plan? als 6. Is the proposed action consistent with the predominant chara ® r natural landscape? YES N/A NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? Nf c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES �M 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: C W 0 NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: lel SLS, NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES M 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES 04 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid-successional N4 I 11 Wetland 11 Urban 11 Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, I . - _ a. Will storm water discharges flow to adjacent properties? Q'NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and orm drains)? If Yes, briefly describe: ❑ NO WYES NO YES 7 Page 2 of 4 18. Does the proposed action include construction or other activities t dment of water or other liquids (e.g. retention pond, waste lagoon, dam)? RECEIVED If Yes, explain purpose and size: 2019 NO YES small to large impact 19. Has the site of the proposed action or an adjoining property been atif) P �fti, or clo ed solid waste management facility? ppeals If Yes, describe: NO YES may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: / G�'�GP/Gc� Date: Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public % private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 i •� vim' RECEIVED I Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate AUG 2��9 small to large impact impact may may Zoning Board Of Appeals occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 E TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : V iAntl2y �n S i / h e ,> (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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance C Trustee Permit Change of Zone Coastal Erosion Approval of PlatMooring Other (activity) --71;APf e ,k&A) Planning RECEIVED i3'� AUG 2 2 2019 Zoning Board Of Appeals Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated., Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this It day of k -&W, 20 r Signature Print Name APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : i__10 5 i I t (Last name, first name, middle initial; bnless 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.) RECEIVED TYPE OF APPLICATION: (Check all that apply) `i 5a Tax grievance Building Permit Variance X Trustee Permit AUG 2 2 2019 Change of Zone Coastal Erosion Approval of Plat Mooring 7emng Board Of Appeals Other (activity) (hit✓nrt,�7niio� Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day ofFf a , B® Signature Print Name—H ct f- G k e -r- 1� Gt P0:5,1 1 l 1c- 0 R TRANSA TIS DISCLOSURE FORM � r RECEIVED 73,5o'? AUG 2 2 2099 Zoning Board Of Appeals form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. % YOUR NAME : _ ` �< C. C c"-- 0,oa-7-r (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as n company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) M ,i, May /hU Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this //__dl 20—d Signature Print Name c e Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECCEI``VV�EDS/� /`. AUG 2 2 2019_\ Zoning Board Of Appeals I, Y( M c-cV - PVS-c I � r c C, residing at 11-1 s mcuy, �tvy1l (Print property owner's name) (Mailing Address) Uyt�S bL)Y c./' Ny j S�% O do hereby authorize � '�Cec� C (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. 0 ( wner's Signature) y(inceod-a At C o (Print Owner's Name) RECEIVED "73 50-� AUG 2 222,919 Board of Zoning Appeals Application Z®ning Eloare Of Appeaas AUTHORIZATION (Where the Applicant is not the Owner) I, Q r l tG P66,illic-0 residing at l q S 0 a (' y ct c -c S� - (Print property owner's name) (Mailing Address) OF_ -S+-LP y 11 9, r 9D do hereby authorize Pa4i Li a L . H ooze - (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Print Owner's Name) I � 1 FORM No. b TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy RECEIVED 7357a AUG 2 2 2019 Zoning Board Of Appeals No. Z7o8.9 ...... Date ... .. ..... .June ...18....., 19..7.6 THIS CERTIFIES that the building located at iV�S 'Jest Road............ Street Map No. xx ......... Block No. .xx...... Lot No.. xx.... Cutchogue...N,Y........ requirements f r b ld'n to or , f mil elling T. dw conforms substantially to the �sx dated . S0.S June. 18 .. _ , 19.76. pursuant to which Building Permits mi11..be requ- dated .......... ............. 19...., and conforms to all of the require ired ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . S. & .$.. Vacant .building lot. for .one .famdly. dygelling . • . • ...... . The certificate is issued to ... �Yr. ,Harry, .Lis,ter- . , , , Qwner. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ...bP. xeglaixed......... ... d UNDERWRITERS CERTIFICATE No. wijj_ be . raquirsd ........................ f HOUSE NUMBER ....650. ..... Street ...:lest Road. ....Cutchcgue • • ......... . ................................................................................ -1. Building Inspector t 5 4 S=n�rc�c a, c+ P- conafx No Z-18212 FORK! NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building'Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF -OCCUPANCY RECEIVED 736 AUG %S2019 i Zoning Board Of Appeals 9 Date JELLY 26, 1989 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 715 SOUTHERN CROSS ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 110 Block 5 Lot 43 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a private one family dwelling built prior to: APRIL 9, 1957 __pursuant to which CERTIFICATE OF OCC. #Z-18212 dated JULY 26, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law.' The occupancy for which this certificate is issued is ONE FAMILY DWELLING * The certificate is issued to KATHLEEN FRALEIGH (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD PRE. EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT. Bui ding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD J BUILDING DEPARTMENT JL Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z18735 Date JAN. 24, 1990 THIS CERTIFIES that the building ADDITION 73.® AUG 2 2 2019 Zoning Board Of Appeals Location of Property 719 SOUTHERN CROSS RD. CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 110 Block 005 Lot 043 Subdivision FLEETS NECK Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DEC. 1, 1988 pursuant to which Building Permit No. 17669Z dated DEC. 7, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued 1s SECOND STORY ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to KATHLEEN FRALEIGH (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING SLIP 1/22/90 PLUMBERS CERTIFICATION DATED PECONIC PLUMBING & HEATING 1/9/90 Bu lding Inspector Rev. 1/81 A APFiALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr Michael A. Simon Lcslie Kanes Weisman 4��QF SQ(��f�O��� hctp,//southoldtown.nor-thfork.net RECEIVED AUG 2 2 2019 Mallin A dress: Southold T 1919 Board Of Appeals 53095 Main Road - P.O. Box 11 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, NoFork Bank 54375 Main Road (at Yorratp Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 -1Fax (631) 745-9064 RECEIVED //;id flm FINDINGS, DELIBERATIONS AND DETERMINATION Saeii+odd Tc::n Clerlt MEETING OF APRIL 13, 2006 ZBA Ref. No. 5820 — KATHLEEN FRALEIGH Street & Locality; 650 tVest Road, Cutchogue CTM 110-5-42 and 43 (combined/merged) Zone District: R-40 Low -Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is described (and consisting of a t)taf of 44,5€1+/- square feet, identified as 42 and 43 on the Suffolk County Tax Maps, District 1000, Sion 110, Block 05. The land is improved with a single-family dwelling situated 155+- feet from the West Road to the South, 12 feet from the easterly side property line, 41+1- feet from the northerly property line, and 120x/'- feet from the westerly property line, at its closest points. The property is located in the R-40 Lo' ,, tDenslty Residential Zone District, with a code limitation of 40,000 square feet minimum lot size. BASiS OF APPLICATION: Article ll, Section 100-26, based on the Building Department's October 11, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 42 and 43 are merged pursuant to Ste. --tri 100-25, which provision states: "Merger A nonconforming lot shalt merge with an adjacent conforming or nonconforming dct which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacnrit lot is one which abuts with the parcel for a common course of fifty (50) feet or more in dttance. Nancnnfonrni m lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been t ' The southerly portion, referred to herein as 'CTM 42', is proposed to be separated from the northerly portion, referred to as 'CTM 43.' Each does not meet the code -required 40,000 square feet in this R-40 Low-DE Residential Zone District, and the applicant proposes two nonconforming lots, the first with an area of ZD,550+- square feet for CTIVI d2, and the remaining area for CTM 43 of 24,011+1- square feet with the ap-p% rit's home. ZONING CODE. SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and renize original lot fines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. hctp,//southoldtown.nor-thfork.net RECEIVED AUG 2 2 2019 Mallin A dress: Southold T 1919 Board Of Appeals 53095 Main Road - P.O. Box 11 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, NoFork Bank 54375 Main Road (at Yorratp Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 -1Fax (631) 745-9064 RECEIVED //;id flm FINDINGS, DELIBERATIONS AND DETERMINATION Saeii+odd Tc::n Clerlt MEETING OF APRIL 13, 2006 ZBA Ref. No. 5820 — KATHLEEN FRALEIGH Street & Locality; 650 tVest Road, Cutchogue CTM 110-5-42 and 43 (combined/merged) Zone District: R-40 Low -Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is described (and consisting of a t)taf of 44,5€1+/- square feet, identified as 42 and 43 on the Suffolk County Tax Maps, District 1000, Sion 110, Block 05. The land is improved with a single-family dwelling situated 155+- feet from the West Road to the South, 12 feet from the easterly side property line, 41+1- feet from the northerly property line, and 120x/'- feet from the westerly property line, at its closest points. The property is located in the R-40 Lo' ,, tDenslty Residential Zone District, with a code limitation of 40,000 square feet minimum lot size. BASiS OF APPLICATION: Article ll, Section 100-26, based on the Building Department's October 11, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 42 and 43 are merged pursuant to Ste. --tri 100-25, which provision states: "Merger A nonconforming lot shalt merge with an adjacent conforming or nonconforming dct which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacnrit lot is one which abuts with the parcel for a common course of fifty (50) feet or more in dttance. Nancnnfonrni m lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been t ' The southerly portion, referred to herein as 'CTM 42', is proposed to be separated from the northerly portion, referred to as 'CTM 43.' Each does not meet the code -required 40,000 square feet in this R-40 Low-DE Residential Zone District, and the applicant proposes two nonconforming lots, the first with an area of ZD,550+- square feet for CTIVI d2, and the remaining area for CTM 43 of 24,011+1- square feet with the ap-p% rit's home. ZONING CODE. SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and renize original lot fines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. RECEIV -77 ED A Page 2 --April 13, 2006 Appl. No. 5820 - Kathleen Fratel CTM 110-5-42 and 43 (merged/combined) AUG 2 2 2019 Zoning Board Of gPPeals (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas_ FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, at which time wi$t°ien and oral evidence were presented. Based upon all testimony, documentation, personal hispiCthn-of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of a waiver to unmerae a land area of 20.5517+/ souare feet from the existing nonconforming V area of 44.569+1- souare feet is not consistent with lots in the neighborhood. A waiver would result in the creation of two nonconforming lots that are 20,550+/- square feet (CTM 43) and 24,0114/- square feet (CTM 42) - instead of a minimum of 40,000 square feet for this R-40 LVv-'.: ity Residential District. The northerly portion of this property (CTM 43) Would also be nonconforming as to lot width - without direct frontage on a town street, since it would be served by a 15 ft. wide right-of-way easement 119+/- feet in length, extending from South Cross Road, over CTM 110-5-27 (a separate parcel in &eerant ownership), north of the applicant's property. The adjacent property to the west (CTM 44) extends 250 feet in depth from Wester Road, and consists of a total area of 37,500 square feet with 150 feet alongWe' ciove� dP619101 Road. While other properties in the area are less than 37,500 square feet, many are developed Vol, a dwelling and all of those lots have direct frontage on a town street. A single and separate search was prepared August 17, 2005 by Catharine J. King, for i..---ndP-_-nerio9 Commonwealth. The August 17, 2005 search shows the last deed conveyances, with CTM 42 in 1976 to James B. Fraieigh and his sister, Kathleen Fraleigh, with Joint Tenancy with Right of survivorship, front W. Lister. CTM 43 was also acquired from W. Harry Lister, to Kathleen Fraleigh by deed dated 6/2/1966. For at least six years, the property was not held in single and separate ownership, remaining in the same name (or common ownership) of Kathleen Fraleigh, since the passing of her brother James Fraleigh in 2.000. 2. Proof was not submitted to show that a waiver will avoid an economic hardshlb- It has been this Board's determination on numerous occasions in the past, that it is not sst; c for an applicant to satisfy the economic hardship requirement of the statute merely by submitting that the pries would be more valuable in an unmerged state rather than merged. This determination has been upheld by the Supreme Court and Appellate Division. In this instance, applicant has not offered any showing of bzfdship other than that found by this Board and the New York courts to be insufficient for a grant of waiver of neer. The property has been in common ownership with a merged area of 44,561+/- square feet since 2Cn;0 and continuously to the present date. Although the name(s) of the individual(s) and offer with conditions for possible purchase was not disclosed, the applicant's either have entered into a offer of sale or Oan to complete a closing on a prospective offer, after the property had merged. i Page 3 — April 13, 2006RECEIVED Apl,l. No. 5820 -Kathleen Frale► CTM 190-5-42 and 43 (merged/combined) / AUG 2 2 2019 Zoning Board Of ApPeals Information was submitted during the March 2, 2006 hearing that Ms. Fraleigh's brother, James, p;itxto his passing in 2.000, was co-owner of the southerly portion (CTM 42) of the entire premises and lived with Kathleen and her husband, contributing toward half of the household expenses. The contributions stWed-in 2000. Mrs_ Fraleigh wishes to sell the lot for retirement income to supplement their present income ;-rrJ while owning the family home in Woodside, Queens. Proof was not submitted to show that a waiver will avoid an economic hardship. The applicant indlcato that the property would become more valuable if the lot waiver were granted, but the record does not Shoe: that there is an economic hardship for the property to remain as one lot of 44,561$/- square feet. The town's assessment records show that CTM 42 was sold for $16,500 in 1976; and CTM 43 was sold for $5,000 in 1366. The applicant submitted information indicating that the taxes paid on the entire Funises (combined), based on the 2003-2004 tax year, was $389,262 at 1.49% ratio (and with a 5,800 eo tbihOd assessment value). There is no proof demonstrated in the record to show that the southerly portion of the applicant's property was maintained separately for purposes of building a new single-family dwelling. No application to an agpley for budding or other authorization was filed by the owner(s) during the past 30 years was offered. There also was no proof demonstrated to show the value of the property as exists with the merger to support. applicant's claim of economic hardship, except for recent real estate listing interest and prospective sale and value of the land if the waiver were granted. Applicant is not obliged to sell when someone has a desire to unmerge the properties for the pu.Tose of acquiring the vacant portion of the premises or to provide a benefit for increased income_ 3. No evidence was submitted by aoolicant with reaard to environmental impacts and potential effects under Section 100-26A(4). The neighboring adjacent lots are already developed and improved with dwellings. The Board is not c;qhg to create additional future lots, increased number of dwellings, increased traffic, increased water and smitary demands, and other related environmental effects. Also, the lot nonconformities requested by applicant would create lots meeting 50%, or less, of the code requirement of 40,000 square feet each, since one -acre zoning requirements in effect since the applicant's last purchase (in 1976 for CTIUI 42). Although there are ural nonconforming lots in the area, some are greater than 20,550 square feet in size and developed with single- family dwellings in this neighboring area. All of the lots in this area have direct frontage on a town street. To create (unmerge) additional lots that do not conform to the zoning requirements and that have been merged for a continuous period of time will result in increased number of dwellings, increased traffic, f, -eased water and sanitary demands, and other related environmentaf effects. The Board is not willing to create additional nonconforming lots for future, increased number of dwellings, increased traffic, increased water and sanitary demands, and other related environmental effects. Page 4 -- April 13, 2006 Ob Appl. No 5820 — Kathleen Fraleig CTM 110-5-42 and 43 (merged/combined) QQVe0®, AUG jIFQ 222019 zoning Board Of q pp eats RESOLUTION/ACTION. On motion by Member Simon, seconded by Chairwoman Oliva, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 110-5-43 from CTM 110-5-42. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Simon and Weisman. (Members Goehringer and Dinizio abstained.) This Resolution was duI adopted (3-0-2), 014 Lg�� Ruth D. 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I mac- + ��� r 1•�'�+. a • � G `r � -L•�� G•>.r 7w_-ry1.ti..1C.1, :•� �l fa � - ' i !. •,� � •� R s ♦ •r:' c�,� Z• .', r �, Z E • 1 � r•. �� •+N..._2 �:...,-r.��.�:.:+".. �?':a... Nr m 'SOWN OF SOUTHOLD PROPERTY RECORD CARD w co 0 0 U) Li U) v7 A J 0 _ co ro LO LO m m LO Cn m N Lo m LO m OWNER STREET VILLAGE DIST. SUB. LOT F6 v I4 -k4 4-�s 1 s ft oa a1 d �c FORM OWNER ►' N o... 'CY 5 - 1 //E�� lei %11, l S •,. W fF a? 4�f' TYPE OF BUILDING -- 1�/6 Q da �� e tES. �jQ SEAS. L. FARM lCOMM. l CB. MISC. Mkt. Value CaJ ��� t s� lyra LAND I MP. TOTAL DATE REMARKS `y ODD �e� 16 (j lgG' iii 19.61 L1 RAI , - C-. 0 02 So b s a a ! s` 3 j o& to 6? L I a4 �4 Far r'gJ-, Ic �-t3 2 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value TOWN OF SOUTHO D Tillable 1°" Tillable 2 CL Q- rillahle 3 O A� Noodland wc� LID 0 3wompland CD FRONTAGE ON WATER Brushland N �`r 3C ��2 yyp,�ge -louse Plot DEPTH �•' BULKHEAD tal DOCK PruEw�[� f2oALy w N Z_ v N I �•'�.a 1 RECEIVED AUG 2 2 2019 D oning Board Of appeals D J M.aP �F- Pr�OPE"f�%Y SUF{Yr'Yc d FOR %�ATHL EE/V S. FRAL EIGH A 7- 7- T S IV2ECK /-/0 c, N. Y Scu/� 4-0'� '� \ a � ,=._. i� �/(� I'n ,^ .s,y-r••tnnr, t2n'-bn r` �• � {M h I• �Y "� r::•t' ftlro H<r1'ock SAte I `'`r+ �` •o° �6r,; L � �-,Law. Cj � p I ° � (j V as'L<r'thlarma!^X'r'a<barml ., � Q y l-r� anrrryor i Inw: rna{ a 1, t p� ..x,s•.n"d a°si arta¢ Mh mnnldeTnd 1 • t,1 V L a -lid vun-py t�/�i'%' ,i ftvn areae Mdlml.c, u ttvr •\ +�i c,c Cfic � � � rt amtha Mr`�'IorwAom tM turn -1 � c'N rM 3• nG� � ti q „•.vad and °nN �1•al: to t� .� 1 �.. � 0` Z`. [• u.,: ru�.•�aY vo'mnaentnl n'4n<yrrd 1 ..d .n ywdon drW�l ha:uM, c"t ��"�'W. _ go. 03. m /PGfODS��✓ ,.:.a.�.•+7�,uuaddwmne{n�ltara• S, xl d ewm't^a ora nat Trull=(nrJLA I Q I 6 npNEIE� . 0( I V V. 41iM1,r,1 ry < s `C'� 2°�vt..r• ,fro/rr� 3 I^— Q-40 a11-�d'd 70 �fr� Cc-r7a—vor��l� Tib/e 001,lpatlf ar c/ 7'� -07C S01-Who/01 �' �E�S 7- �O - •S�t tom!/-!� s �GY!? /� q s SG(rV e �, �% . VOTn Tiy/ and SOh I• � BUILDI_•:G DEP zRT,4ENT T0:•1N OF SOUTHOLD, N. Y. ' HOUSING CODE INSPECTION REPORT RECEIVED 0 3 ,50-1 Location 715 SOUTHERN CROSS ROAD CUTCHOGUE, N -Y. (rumoer « street) i'iuni.cipalizy I AUG 2 S 201 Subdivision i`lap No. Lot(:,) Na,-ne of Owners) KATHLEEN FRALEIGH Zoning Board Of Appeals Occupant, R-40 RESIDENTIAL OWNER (type) (owner—tenant) Admitted by: KEN BAILEY Accompanied by: SAAB Key available Suffolk Co. Tax No. 110-5-43 Source of request KATHLEEN FRALEIGH Date 2/17/89 DWELLING: Type of construction wood frame Us'tories ONE IT Foundation CEMENT BLOCK Cellar FULL Crawl space — — Total rooms, 1st. F1 4 2nd. F1 - - 3rd. F1 - - Bathroom(s) ONE Toilet rooms) Porch, type Deck, type Patio, typeRAISED CONCRETE Breezeway Garage Utility room ATTACHED SHED TYPE Type Heat "farm Air Hotwater Fireplace(s) No. Exits TWO Airconditioning Domestic hotwater ELECTRIC Type heater RHEEM Other ACCESSORY STRUCTURES:_ NONE Garage, type const. Storage, type const. Swimming pool Guest, type const. Other VIOLATIONS: CHAPTER 45—N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE Remarks: BUILDING PERMIT ;117664-Z FOR SECOND STORY ADDITION STILL OPEN AS OF THIS DATE Inspected by:� Date of Insp. Pune 28, 1989 GARYWJFISH • Time start 11-00 mend 11'20 am RECEIVED AUG 2 2 2019 I Zoning Board Of Appeals FORM NO. t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N Y 11971 TEL.. 765.1802 BOARI HEALTH ........ 3 SETS OF PLANS ......... SURVEY .................. CHECK .................... SEPTIC FORM .............. NOTIFY J7�. ,_ CALL``.. !! /�.7 ......., 19 MAI TO Examined Approved /...... ., 19 � Pcrmit Nod �L2.�.� ;0 Disapproved a/c .. .... . ... .. . .. ......... . �_ %l/ r ,e Am 1 ..... iOwN CVSErr9 urko�Q ( ilding inspector) APPLICATION FOR BUILDING PERMIT Date . /......, 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or m ink and submitted to the Building Inspector, wr sets of plans, accurate plot plan to scale. Fee according to schedule b Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or publicstr or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this as cation. c:- The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant Such pe, shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinance Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein descrd The applicant agrees to comply with all applicable laws, ordinances, building code, housrn,- code nd regulations, am admit authorized inspectors on premises and in building for necessary rnsZc-U.11- s. {Sr of applicant, or name, a corporation.) 0A0 .... . . /l.... SGc _ 33i (Marling address of applicant) Arm State whetherrft" Psl4e8tSarchitect, engineer, general contractor, electrician, plumber or burly .i.ic?3ll__ ..... Name of own ��,� WwAlti2tli r (as on the tar roll or latest deed) 011 11, If applicant is �� t{ "4vthorrzed officer �{�URYu^tiol J l+1.. �n e.:.... .. (Nar>�ntlt�f le�`x ' Builder's I es sego,,,, Plumber's License No .. �iYo ll�✓ Electrician's License No Other Trade's License No .. ..... ...... . . 1. Location of land on which proposed work will be done House Number Street Hamlet County Ta% Map No 1000 Section ... Block ........5 Lot.. , . , , , , Subdivision ���rL`S /�CC Filed hUap No Lot .. 1 isioll (Name] 2 State evsting use and occupancy of premises and intended use and occupanLy of proposed construction Fjf�rll� • Dwr CC »✓ � aExisting use and occupancy ... .. .. .... ........... .. b. Intended use and occupancy • • syl .�s' ' 'M l 3, Nature of work (check which applicable). New Building .. Addition - . • X\ .... Alteration .. !. � Repair .............. Removal ...... , ...... Demolition ......K .... Other Work .... .... . p(Descnpti� 4. Estimated Cost . t _ .� (� �i. .. .. . .... Fee ........... ... ........ .... . (to be paid on filing this apple tion) 5 If dwelling, number of dwelling units Number of dwelling units on each floor ........... . Ifgarage, number of cars .... ... .......... . 6. If business. commercial or mixed occupancy, specifynat}rre apd extent of each type ofluse ....... . .......I . 7. Dunensions of existing strictures, if any Front ........ ..... Rear ... ,j! ...... Depth Height 6X , ... Number of Stories ..... ....�_ �.,. . Dunensions of stru�ture with alterations or additions Fent .. .. 7 i .. - • .. Rear ....y, /. Dept* °W .y.......... Height ... ..X..-? I... ... Number of Stones ........ 2 8. Dimensions of entire new constriction Front , ....2 Y s Rear Depth . , . Heiglit�./.. . , Number of Stories 9 Size of lot Front l 6 _ .. Rear .. .. Depth 10. Date of Purchase ...!jWVli . Al: r/ e�sd6.. Name of Former Owner .... !f : . !f. .. .... . 11. Zone or use district in which premises are situated ....... ...... ..... 12 Does proposed construction violate any zoning law, ordinance or regulation . , . , . /i.. U 13. Will lot be regraded U Will excess fill be removed from premises Yes 14 Name of Owner of premises . 1 ... Address Phone No.�'A L Name of Architect .. ......... .............. Address .... .......... ... Phone No.... , ...... . Name of Contractor ................ . Address . ... ....... Phone No...... . I5.Is this property located within 300 feet of a tidal wetland? *YES....NO.1. *If yes, Southold Town Trustees Permit may be required. PLAT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dimensions I property lines. Give street and block number or descnption according to deed, and show street names and indicate whe intenor or corner lot. RECEIVED AUG 2 2 2019 Zoning Board Of Appeals A At iii DAFEE Ftt7l6: Od 766-1111M 0 +>�ilA lq$ 7111E FOLLOMG NISPECTIOINa: FOR 2 ROUGH - FRAMNO 1b KWAMM S. INStfLl1i4t1Ya 4. FINAL - COfliR114 M RE COMPt.ETlr" . ALL CONSTRi CTM OWL MW THE REGUIREMENT6 Of VW KV STATE COtd CODES. FIOT FM DESIGN OR CO11S'TRUaM STATE OF NE �Rr�- /� Ss COUNTY O .... .... 1°, vt/.N.EV4.III *e ... illi t 1° .. being duly sworn, deposes and says that he is the appii( (Name of individual signing contract) above named. Heis the .... . ...... ... . ... ....... ........... ... ...... . Contract , agent, corporate officer, etc.) of said owner or owner5, and is duly aut ionzed to perform or have performed the said work and to make and File application, that all statements contained in this application are true to the best of his knowledge and belief, and that Work will be performed in the manner set forth in the application fled therewith. Sworn to before me this . .. .. �. SS day of �L�` ., 19 N ry PuE lic, County ................ .... 1ANNNEMI (Signature f applic Fidelity National Title INSURANCE SERVICES, LLC TITLE NO: 7404-004634 Town of Southold, New York Gentlemen: l n LL ZOMDistrict: 1000 Section: 110.00 Block: 05.00 Lot: 042.000 and 043.000 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC certifies that the above -captioned property has been in single and separate ownership by Vincenzo Posillico (as to Lot 042.000) and Margherita Posillico (as to Lot 043.000) and his/her predecessors in title since prior to 4/1/1957 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty -Five Thousand Dollars ($25,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: May 16, 2019 FIDELITY NATIONAL T(InE INSURANCE SERVICES, LLC UVA Sworn to bef \1J 16th da 7fay, 2019 _ i COLLEEN K ZICK /A - &__t�®tary Paeblic, State of Y�eHr®rk Ot ' Public No. Ol ZI6375097 I Qualified In Su,Jollt County I Commission Expires flay 14, 2022 24 Commerce Drive 9 Riverhead, New York 11901 - (631) 727-0600 - Fax: (631) 727-0606 EA CEIVED 7 ne � � Fidelity National Title INSURANCE SERVICES, LLC oard Of Appeals TITLE NO. 7404-004634 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) JEAN DUVA, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-110.00-05.00-042.000 and 043.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 04/01/1957. PART OF SUBJECT PREMISES: 1000-110.00-05.00-042.000 (L-00 Elhar Realty Corp. Liber 4222 cp 336 TO Dated: 11/12/1956 W. Harry Lister Rec'd: 11/30/1956 (part of premises and more) Leroy S Rebue, as Executor and Trustee under the Last Liber 4278 cp 478 Will and Testament of George H. Fleet, deceased Dated: 03/23/1957 TO Rec'd: 03/26/1957 W. Harry Lister (part of premises and more) FIDELITY NATIONAL I LE INSURANCE SERVICES, LLC Sworn to before JEAN 16th day ay, 2019 Not Notary Public, Stat-' aa. 14ewcrk Nc. OIZ16375097 1 Qualified in Surlolk county. �crrora�6suie�rExpires May 94, 2022 24 Commerce Drive 0 Mverhead, New Fork 11901 0 (631) 727-0600 c Fax: (631) 727-0606 Fidelity National Title INSURANCE SERVICES, LLC W. Harry Lister TO Kathleen Fraleigh and James -B. Fraleigh; as joint tenants witlf rights of survivorship--, RECEIVED 11 73s�C AUG 2 2 2019 Zoning Board Of Appeals Liber 8068 cp 354 Dated: 07/12/1976 Rec'd: 07/14/1976. Find no proof of death found for James B. Fraleigh in Suffolk Surrogates Court. Kathleen Fraleigh, surviving joint tenant of James B. Liber 12940 cp 574 Fraleigh Dated: 10/30/2017 TO Rec'd: 12/04/2017 Vincenzo Posillico LAST DEED OF RECORD PART OF SUBJECT PREMISES: 1000-110.00-05.00-043.000 ( Roo-': Elhar Realty Corp. TO W. Harry Lister Leroy S Rebue, as Executor and Trustee under the Last Will and Testament of George H. Fleet, deceased TO W. Harry Lister W. Harry Lister TO Kathleen Fraleigh Liber 4222 cp 336 Dated: 11/12/1956 Rec'd: 11/30/1956 (part of premises and more) Liber 4278 cp 478 Dated: 03/23/1957 Rec'd: 03/26/1957 (part of premises and more) Liber 5969 cp 44 Dated: 06/02/1966 Rec'd: 06/06/1966. FIDELITY NATIONAL TLE INSURANCE SERVICES, LLC Sworn to be this JEAN VA 16th • o May, 2019 COLLEEN K ZICK Notary Public, State of Mew-rorit Notary Public too. 01ZI6,9 '307 I Qualified in Suffolit County Commission Expires May 'i4, 20,2? 24 Commerce Drive • Riverhead, New York 11901 ® (631) 727-0600 ® Faux: (631) 727-0606 -- RECEIVED _ Fidelity National Title Au � ��a impely 2019 INSURANCE SERVICES, LLC Zoning Board Of q ppeals Kathleen Fraleigh as surviving tenant by the entirety Liber 12468 cp 389 TO Dated: 08/15/2006 Kathleen Fraleigh and James H. Potts, husband and wife Rec'd: 09/08/2006 James H. Potts died on 12/3/2012, Surrogates File No. 2012-8551. Kathleen Fraleigh, as surviving tenant by the entirety Liber 12482 cp 62 TO Dated: 10/06/2006 Kathleen Fraleigh and James H. Potts, husband and wife Rec'd: 12/07/2006 (duplicated deed) James H. Potts died on 12/3/2012, Surrogates File No. 2012-8551. Kathleen Fraleigh, as surviving tenant by the entirety of James H. Potts TO Margherita Posillico LAST DEED OF RECORD PREMISES NORTH: 1000-110.00-05.00-027.000 Leroy S. Rebue, as Executor and Trustee under the Last Will and Testament of George H. Fleet, deceased TO W. Harry Lister Liber 12940 cp 550 Dated: 10/30/2017 Rec'd: 12/02/2017 Liber 4278 cp 478 Dated: 03/23/1957 Rec'd: 03/26/1957 (premises and more) FIDELITY NATIONAL ITLE INSURANCE SERVICES, LLC Sworn to before me this JEA U AV 16th da ay, 20 Notary Pub is FZCOLLEEN K ZICK Pulbllc, State of NawYork lNo. 09 216375097 l Qualified in Suffolk County Commission Expires May t 4, 2022 24 Commerce Drive ° Riverhead, New York 11901 • (631) 727-0600 • Fax: (631) 727-0606 lea �M Mr— ,, ; , Fidelity National Title INSURANCE SERVICES, LLC W. Harry Lister TO Inez E. Dunn Inez E. Dunn N/KJA Inez E. Morrison TO Giulio DiNozzi and Susan DiNozzi Giulio DiNozzi and Susan DiNozzi, husband and wife TO Peter Bohan and Julie Bohgan, husband and wife LAST DEED OF RECORD PREMISES NORTH: 1000-110.00-05.00-028.000 Leroy S. Rebue, as Executor and Trustee under the Last Will and Testament of George H. Fleet, deceased TO W. Harry Lister W. Harry Lister TO Inez E. Dunn RECEIVED -7,35a AUG 2 2 2019 Zoning Board Of q ppeais Liber 5867 cp 204 Dated: 11/08/1965 Rec'd: 11/29/1965 Liber 10520 cp 34 Dated: 11/30/1987 Rec'd: 01/21/1988 Liber 12571 cp 36 Dated: 10/20/2008 Rec'd: 11/07/2008 Liber 4278 cp 478 Dated: 03/23/1957 Rec'd: 03/26/1957 (premises and more) Liber 6061 cp 578 Dated: 10/19/1966 Rec'd: 11/01/1966 Inez E. Morrison F/K/A Inez E. Dunn Liber 9207 cp 46 TO Dated: 06/28/1982 Gene J. Contino and Gilda F. Contino, his wife Rec'd: 07/06/1982 Find no proof of death for Gene J. Contino in Suffolk Surrogates Court. FIDELITY NATIONA ITLE INSURANCE SERVICES, LLC Sworn to before me this JEAN UV 16th a a , 2019 �j - COLLEEN K ZICK Notary Public, state oft News fork Notary Pu is No. OIZ16375097 FI g�o.oaBafi� Erd S�taflolk county C®�o uaw; Ion Expires May 14, 2022 24 Commerce Drive - Riverhead, New York 11901 - (631) 727-0600 - Fax: (631) 787-0606 Fidelity National Title INSURANCE SERVICES, LLC RE-CFJVED —7,3 5C'nw". AUG 2 2 2M Zoning Board Of Appeals Gilda F. Contino, as surviving tenant by the entirety Liber 12608 cp 623 TO Dated: 11/20/2009 Michael Kealy and Edith Kealy, his wife Rec'd: 12/07/2009 LAST DEED OF RECORD PREMISES EAST: 1000-110.00-05.00-041.000 Veronica J. Overton, Individually and as Executrix of the Liber 2332 cp 568 Last Will and Testament of Walter G. Overton, deceased Dated: 11/24/1943 TO Rec'd: 12/30/1943 Nona N. Weeks Nona M. Weeks A/K/A Nona n. Weeks Liber 6161 cp 350 TO Dated: 06/03/1967 Marion M. Robinson and Margaret Efner Churan, Rec'd: 06/05/1967 as joint tenants with right of survivorship Marion M. McCall F/K/A Marion M. Robinson and Liber 7015 cp 44 Margaret Efner Churan Dated: 09/21/1971 TO Rec'd:09/28/1971 Philip M. Berman Philip M. Berman Liber 7023 cp 139 TO Dated: 10/01/1971 George Robert Sullivan and Margaret M. Sullivan, Rec'd: 10/07/1971 his wife FIDELITY NATIONAL TI INSURANCE SERVICES, LLC Sworn to befor this JEAN A 16th of May, 2019 COLLEEN K ZICK Notary Public, state Of NeW fork of No. OI 216375097 Qualified in Suefon( County C®mmlaaicn Expires May, 14, 2022 24 Commerce Drive ® Riverhead, New York 11901 • (631) 727-0600 • Fax: (631) 727-0606 Fidelity National Title INSURANCE SERVICES, LLC RECEIVED AUG 2 2 2019 Zoning Board Of Appeals George Robert Sullivan and Margaret M. Sullivan, his wife Liber 7781 cp 439 TO Dated: 01/10/1975 Comillo F. Milito and Frances C. Milito, his wife Rec'd: 01/10/1975 Find no proof of death for Frances C. Milito and Comillo F. Milito in Suffolk Surrogates Court. Janet Kazolas and Gerard Milito, as sole heirs at law Liber 12606 cp 914 and distributees of Comillo F. Milito Dated: 10/30/2009 TO Rec'd: 11/19/2009 Gerard Milito LAST DEED OF RECORD PREMISES SOUTH: WEST ROAD PREMISES WEST: 1000-110.00-05.00-044.000 Harold Van Wart, as Executor under the Last Will and Liber 2175 cp 41 Testament of Eugenia R. Van Wart Dated: 06/09/1941 TO Rec'd: 07/16/1941 Edna K. Winans Edna K. Winans Liber 5767 cp 510 TO Dated: 06/08/1965 John E. Reheiser and Dorothy H. Reheiser, or the survivor Rec'd: 06/29/1965 there of FIDELITY NATIONAL LE INSURANCE SERVICES, LLC Sworn to bef is JEAU 16t of May, 2019 �y -/� Notary u i COLLEEN K ZICK NOUR y Public, State of New fork No. 01 216375097 i Qualified in Scv�rgi, County Commission Explr r_:- I • t^�? 24 Commerce Drive - Riverhead, New York 11901 - (631) 727-0600 - Fax: (631) 727-0606 Fidelity National Title INSURANCE SERVICES, LLC John E. Reheiser and Dorothy H. Reheiser, his wife TO Leonard H. Scott and Marilyn T. Scott, his wife, as to 1/2 interest and Theodore E. Schaff, as to 1/2 interest, as tenants in common Leonard H. Scott, Marilyn T. Scott and Theodore E Schaff TO S & J Development LLC RECENED -735R AUG 2 2 209 Zoning Board Of Appeals Liber 6985 cp 331 Dated: 08/07/1971 Rec'd: 08/12/1971 Liber 12487 cp 804 Dated: 01/05/2007 Rec'd: 01/18/2007 S & J Development LLC Liber 12607 cp 744 TO Dated: 11/16/2009 Conrad Hopkins and Deborah Hopkins, husband and wife Rec'd: 11/30/2009 LAST DEED OF RECORD PREMISES WEST: 1000-110.00-05.00-026.000 Leroy S. Rebue, as Executor and Trustee under the Last Liber 3404 cp 145 Will and Testament of George H. Fleet Dated: 08/11/1952 TO Rec'd: 09/09/1952 Edmund B. Fitzpatrick and Mildred A. Fitzpatrick, his wife Edmund B. Fitzpatrick died on 10/23/1988, Surrogates File No. 565 A 89. Mildred A. Fitzpatrick died on 3/15/1988, per Surrogates File No. 565 A 89. FIDELITY NATIONAL I LE INSURANCE SERVICES, LLC Sworn to before me this JE UV 16t May, 2019 T9 COLLEEN IC ZICK Notary Public, State of New fork No. OI 216375097 Qualified in Suffolk County commission Expives May 14, 2022 24 Commerce Drive . Riverhead, New York 11901 • (631) 727-0600 Fax: (631) 727-0606 i =" Fidelity National Title INSURANCE SERVICES, LLC Charles- Armstrong, as Administrator of the Estate of Edmund B. Fitzpatrick TO Mary Lou Cassidy � I RECEIVED AUG 2019 Of A Ppeals Liber 10938 cp 339 Dated: 08/29/1989 Rec'd: 09/27/1989 Mary Lou Cassidy died on 02/09/1994, Surrogates File No. 1277 P 94. Raymond J. Cassidy, as Executor of the Last Will and Liber 12030 cp 388 Testament of Mary Lou Cassidy who died 02/09/1994 Dated: 01/28/2000 TO Rec'd: 03/28/2000 Raymond J. Cassidy Raymond J. Cassidy Liber 12746 cp 346 TO Dated: 08/19/2013 Conrad Hopkins and Deborah Hopkins, husband and wife Rec'd: 09/27/2013 Conrad Hopkins and Deborah Hopkins, husband and wife Liber 12943 cp 488 TO Dated: 11/20/2017 Karol Filipkowski LAST DEED OF RECORD FIDELITY NATIONAL JEAN Rec'd: 12/23/2017 INSURANCE SERVICES, LLC COLLEEN K ZICK Wwy Pub le, State of Nevsfork No. GIZ16375097 1 ®uallf ed In Suffolk County Commlsslon Expires May 14, 2022 24 Commerce Drive o Riverhead, New York 11901 ® (631) 727-0600 o Fax: (631) 727-0606 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 23, 2019 RE: Zoning Appeal No. 7352 Transmitted herewith is Zoning Appeals No. 7352 for Vincenzo Posillico: The Application to the Southold Town Zoning Board of Appeals _Applicant's Project Description ,_/ Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificates) of Occupancy ,,ee Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence - Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps - Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork -!:R a jr-,�q r cr_ caryic S, J_kk Town of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 08/23/19 Receipt#: 259592 Quantity Transactions Reference Subtotal 1 ' ZBA Application Fees 7352 $30000 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK #10380 $300.00 Posillico, Vincenzo Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Posillico, Vincenzo 650, West Road Cutchogue, NY 11935 Clerk ID: JENNIFER Internal ID 7352 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: August 14, 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP ___7.352 - - Patricia C. Moore for : POSILOCO, VINCENZO 10380 $300.00 RECEIVE® AUG 2 2 2019 Ls outhold Town Cler TOTAL $300.00 Sent via Inter -Office to Towyn Clerk by: ES Thank you. ? 'Oe .� 1L.),, fl_� FYLdv�,r_ Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Tel: (631) 765 -4330 Fax: (631) 765-4643 Zoning Board of Apeals 54375 Main Road, Southold, NY 11971 Re: Posillico Building Permit Application 1000 -110 -5 -Lot 42 & 43 Memo for Hearing January 2, 2020 'd2ECIEI�\`%E'JJ v� JANE2 N4 Zoning Board of Appdall' An application for a building permit for lot 42 was denied because Amanda and Mike are not following the current law which would exempt the parcel from merging (by operation of law) due to death of co-owner. According to the building inspectors, they are not recognizing the current law because of the prior DENIAL issued 4/13/2006 in Appeal #5820 which applied the merger law, at the time. They acknowledge that the current code would exempt the two parcels from being merged. The exemption from merger applies if the merger occurs "due to the death of the co-owner". In accordance with the "Exemption from Merger", Mr. and Mrs. Possilic® purchased the two parcels from the owner Kathleen Fraleigh. As to parcel 42, she sold as surviving co-owner, and as to Parcel 43, she was the sole owner since 1966. As you know, the "merger Law" changed several times after this decision in 2006 to recognize previously single and separate parcels. 208-10 ... Local Law 10-2007 C. Exceptions to merger. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the' merger provision set forth above and shall not be deemed merged by operation of this chapter: [Amended 3-4-1997 by L.L. No. 4-1997; 4-10-2007 by L.L. No. 10-2007] (6) If the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining -136a lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. The prior denial is not binding on this property when the law changes and provides the relief requested in the previous appeal. What was a "merger" before the law changed is no longer a "merger" of the properties. The Building Department and Zoning Board always apply the zoning ordinance as it exists today. The building department must apply the current law to the property not the law which was applied when the ZBA denied the application. That decision, which denied the waiver of merger in 2006, is moot. Attached is Appeal #6098 which is one of the first waiver of merger decisions after the 2007 code change. While the facts of that application did not qualify for the exemption, the Board stated that had the surviving co-owner not transferred the title to a trust (both parcels were placed in the same name) the parcels would have been exempt from merger. Also, Appeal #6229 which recognized that the death of an owner would not result in merger of the parcels (by operation of law), the surviving co-owner could transfer the parcel provided the transfer did not place the parcels into the same name. I attached the lengthy facts describing the multiple transfers of title. In this case Kathleen Fra sigh owner of lot 43, co -owned the adjacent parcel with one family member (brother), who died. Thereafter, adding a new family member (husband), who also died. With each death, merger by operation of law occurred. However, the Exemption protects the parcels from merger due to the death of a co- owner. Kathleen kept the parcels in single & separate title, first with her brother and then with her husband. She outlived both family members. The separate parcels could be sold (as separate parcels) "prior to the death of the surviving co-owner". She sold the two parcels which were exempt from merger to Mr. Posillico and Mrs. Possilico who continue to keep the title of the two parcels single and separate. C412ftS AVElet— J � � AA p j3�o� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ,�Xrjf SQUy Mailing Address: l0� Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RE EIVVED-4- 0�1 FINDINGS, DELIBERATIONS AND DETERMINATIOl 10 MEETING OF MARCH 13, 2008 Q y o ZBA Application # 6098 SaId TcWA e� Applicant/Owner: FRANCES J. COUTTS FAMILY TRUST Property Location: 10650 Sound Avenue at Corner of Factory Avenue, Mattituck CTM 142-1-3.3 This is an application for a Lot Waiver concerning a 16,599 square foot lot, merged as a single parcel as noted in the Building Inspector's September 6, 2007 Notice of Disapproval, under Section 280-11A to unmerge 10,007 square feet (CTM 142-1-3.2 vacant land) ' for the purpose of building a future dwelling, and 6,592 square feet (CTM 142-1-3.3 with a dwelling). The Zoning Board of Appeals held a public hearing on this application on December 20, 2007 and January 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Findings of Fact PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area (combined) of 16,599 square feet, identified as CTM 3.3 and 3.2 shown on County Tax Map Section 142, Block 1. The land is improved with a one-story, single-family dwelling, as shown on the August 29, 2007 surveys prepared by Stanley J. Isaksen, Jr. The property has 150 feet along Factory Avenue. BASIS OF APPLICATION: Article II, Section 280-10A, based on the Building Department's September 6, 2007 Notice of Disapproval stating that County Tax Map Parcel Numbers 3.2 and 3.3 are merged pursuant to Section 280.10A which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." y� • Page 2 —March 13, 2008 ZBA #6098 — Frances J. Coutts Family Trust CTM 142-1.3.3 ADDITIONAL INFORMATION: Charles R. Coutts Jr. and Frances J. Coutts, his wife, purchased their single-family dwelling at 1570 Factory Avenue (lot 3.3) in 1940. In 1973 Charles R. Coutts Jr. purchased the adjoining parcel of land know as 10650 Sound Avenue (lot 3.2). The property has not been improved. In 1996 Charles R. Coutts Jr. died leaving Frances J. Coutts as his sole heir at law. Upon his demise the properties merged by operation of law. In July 2006 both properties were transferred to the Frances J. Coutts Family Trust for estate planning purposes. After Mrs. Coutts' funds were exhausted, the Trust applied for Medicaid. The application was denied, based on the assumption that the properties had not been merged. In March of 2007, Chapter 280-10 of the Southold Town Code was amended to create an exception to the merger law for lots that "would be considered merged merely by operation of law as a result of the death of a co-owner of one or more of the adjoining lots, the lots are greater than 20,000 square feet, and the lots remain in the ownership of the surviving co-owner." (Chapter 280-10C-6). This new Exception to the Merger law would have exempted these two lots, which had been single and separate, had they not been transferred to a family trust the year before the law was passed. The result would have made the current application for a waiver of merger unnecessary. A medical diagnosis dated February 14, 2008 indicates that Frances Coutts does not need to remain in nursing home care if sufficient medical and personal support can be provided for her at her home. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The waiver will not result in a significant increase in the density of the neighborhood. Lot 3.3 is already improved with a small dwelling and only one additional dwelling could be built on the remaining CTM lot 3.2 in this grant of a waiver, which does not create significant additional population density in this neighborhood. Moreover, because CTM lot 3.2 is a corner lot with two front yards, the code -required setbacks and permitted lot coverage suggest that any future dwelling on this +/- 10,000 square foot parcel would be modest in size, in keeping with the neighborhood, and likely suitable for a relatively small household. 2. The waiver would recognize a lot that is consistent with the size of lots in the neighborhood. County Tax Map Section No. 142 District 1000 shows described lots located between Factory Avenue to the west, Walnut Avenue to the east, Sound Avenue to the North and the LIRR railroad tracks to the south. The Coutts parcel that is improved with a dwelling (lot 3.3) is +/- 7,000 square feet and is narrow and deep (50' x 142) and typical of 'many of the lots in the neighborhood (for example lots 2, 4, 8.1,14, 15, 17). There are only two or three lots that are larger than the Coutts' Lot 3.2 (for example 16.2, 7.1) and one or two of approximately the same size. Therefore unmerging the two lots as requested by the applicant will legally re-create l { Page 3 —March 13, 2008 ZBA #6098 — Frances J. Coutts Family Trust CTM 142-1-3.3 two properties that visually already appear as two separate lots, both of which are in keeping with other lots sizes in the neighborhood, 3. The waiver will avoid economic hardship. In 2006 Frances J. Coutts entered a nursing home and a family trust was established naming Geoffrey R, Hallenbeck III (her nephew) as Trustee to ensure that funds were available to pay for her care. To date these private funds are virtually exhausted. As of 1-14-08 information was submitted to show a $1,626.05 balance in the Frances J. Coutts Family Trust under North Fork Bank Checking Account. As of 1-1-08 The Family Trust owed the nursing home $60,677.74, confirmed in a bill/statement issued 1-01-08 by San Simeon by the Sound. As of 1-30-08 The Family Trust owed $8,159.65 for medications she received at the nursing home, confirmed in a statement issued by Shore Pharmaceutical Providers Account 40124. To provide for Mrs. Coutts medical care, after his funds were exhausted, her agent applied to Medicaid on her behalf, but the application was denied with Determination #U471M56530 issued November 16, 2006 under Case #MOOA55837 that Mrs. Coutts' countable resources were too great, based upon the assumption that the lot with her primary residence, which qualified for an exemption from the valuation of her assets, and her unimproved lot had not been merged. The owner's primary residence would have been found exempt from the valuation of her assets, had the Medicaid board known that the lots had been merged at the time of the application. In addition the March 2007 amendment to Chapter 280-10 of the Southold Town Code (see Additional Information, above) would have exempted these two lots from the Merger law, had they not been transferred to a family trust the year before the law was passed. The result would have made the current application for a waiver of merger unnecessary. Based upon these facts, and the fact that a forced sale of the property would preclude the possibility of Mrs. Coutts returning to her home, the Board of Appeals believes that a denial of the application to unmerge the lots would result in severe economic hardship. The Board notes that the 2007 Code amendment to the Lot Creation and Merger Provisions was created precisely to prevent the type of hardship caused by mergers upon death that Frances Coutts could have experienced. 4. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. The subject property (lot 3.2) is essentially flat, covered with grass and ground covers, and has slightly elevated berms along the Factory Avenue and Sound Avenue road frontages. There are several large holly and evergreen trees on the property. No significant re- grading would be needed to construct a dwelling on this property, and there are no environmentally sensitive areas nearby. Page 4— March 13, 2008 ZBA #6098 — Frances J. Coutts Family Trust CTM 142-1-3.3 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the standards of the Town Code, Sections 280-11, motion was offered by Member Weisman, seconded by Chairman Goehringer, to Grant the Waiver to unmerge lots, as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon and Weisman. (Member Dinizio was ab Resolvtiekwas duly adopted (4-0). P. GOEHRINGER, CHAIRMAN 3/18/08 for Filing lm� -bekS , 9U5AA)1icPAOk y,+k4,&skrl d o -r Looltle . - ape -ia - P44 �o138/z ?qPPWd It// 3/v3) S a r }tee b-LUyt t'-- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown. northfork. nct ZONING BOARD OF APPEALS TOWN OF SOUTHOLD E E1VED Tel. (631) 765-1809 • Fax (631) 765-9064 IY 0V 1 d L"'AV- %l' FINDINGS, DELIBERATIONS AND DETERMINATION Q' MEETING OF NOVEMBER 13, 2008 SOuthOt OWfl CIn ZBA FILE # 6229 NAME OF APPLICANT: ESTATE OF SUSAN DELEO LOCATION OF PROPERTIES: 1225 and 1135 Green Hill Lane, Greenport: CTM 33-2-27 and CTM 33-2-28 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application is exempt under Chapter 95, Waterfront Consistency Review, of the Town of Southold Code. PROPERTY FACTS/DESCRIPTION• The two properties which are the subject of this application are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28. CTM 28 contains 20,602 square foot measuring 100.00 feet along Green Hill Lane to the east, 225.03 feet along the southern boundary, 86.72 feet along the western boundary, and 217.20 feet along the northern boundary. The lot is improved with a single family house and an in - ground pool, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. CTM 27 is a 21,289 square foot lot measuring 100.00 feet along Green Hill Lane to the east, 217.20 feet along the southern boundary, 100.37 feet along the western boundary, and 208.60 feet along the northern boundary. This lot is improved with a gazebo structure containing approximately 75 square feet, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 ar Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 100in 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. northfork. nct ZONING BOARD OF APPEALS TOWN OF SOUTHOLD E E1VED Tel. (631) 765-1809 • Fax (631) 765-9064 IY 0V 1 d L"'AV- %l' FINDINGS, DELIBERATIONS AND DETERMINATION Q' MEETING OF NOVEMBER 13, 2008 SOuthOt OWfl CIn ZBA FILE # 6229 NAME OF APPLICANT: ESTATE OF SUSAN DELEO LOCATION OF PROPERTIES: 1225 and 1135 Green Hill Lane, Greenport: CTM 33-2-27 and CTM 33-2-28 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application is exempt under Chapter 95, Waterfront Consistency Review, of the Town of Southold Code. PROPERTY FACTS/DESCRIPTION• The two properties which are the subject of this application are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28. CTM 28 contains 20,602 square foot measuring 100.00 feet along Green Hill Lane to the east, 225.03 feet along the southern boundary, 86.72 feet along the western boundary, and 217.20 feet along the northern boundary. The lot is improved with a single family house and an in - ground pool, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. CTM 27 is a 21,289 square foot lot measuring 100.00 feet along Green Hill Lane to the east, 217.20 feet along the southern boundary, 100.37 feet along the western boundary, and 208.60 feet along the northern boundary. This lot is improved with a gazebo structure containing approximately 75 square feet, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. Page 2 — November 13, 2008 ZBA 4 6229 — Estate of Susan DeLeo CTM 33-2-27 (and 28) BASIS OF APPLICATION: This application is a request for a waiver of merger under Section 280-11 to unmerge two properties based on the Building Inspector's August 6, 2008 Notice of Disapproval, citing Section 280- 10. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, at which time written and oral evidence were presented. These properties were merged consequent to the deaths of the owners August and Barbara Larmann in 1998 and 1999. The Zoning Board finds that, pursuant to Resolution No. 2008.950 adopted by the Southold Town Board on October 21,� 2008, amending the Zoning Code Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the applicant's request for a waiver is granted for the following reasons: 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger. It was passed to the owner upon the death of her husband. Both lots were passed to daughter and son-in-law upon the death of death of the mother. 2. The lots are 21,289 and 20,602 square feet, respectively, and are of comparable in size to neighboring lots. 3. The lot to be unmerged is vacant, except for a gazebo and wood bridge over a pond and has historically been treated and maintained as a separate and independent residential lot. 4. The waiver of merger and recognition of a second lot -will not create an adverse impact on the physical or environmental conditions in the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code Chapter 280, Article II, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to Page 3 — November 13, 2008 ZBA # 6229 — Estate of Susan DeLeo CTM 33-2-27 (and 28) Grant the waiver of merger, as applied for. Vote of the Board: Ayes: Members Goehringer and Simon. (Member Weisman was nt-) adopted (4-0). / P. GOEHRINGER, for Filing 11/ // Oliva, Dinizio, Non was, duly M The parcels are designated as lots numbers 129 and 130 on Shores at Greenport Section 5 filed in the Office of the Cle December 21, 1968 as map no. 5234. Historical map e�Utlgcl Safi Rf-),7astern of the County of Suffolk on The parcels in question were acquired by August Larmann and Barbara Larmann as to lot #28 on the 14th day of June, 1979 as can be seen from the deeds provided. The vacant parcel, lot #27, was subsequently acquired by Barbara Larmann on the 11 th day of February, 1980 again as shown on the deeds attached. August Larmann and Barbara Larmann died barely a year a part. August Larmann died on the 3`d day of March 1998 and Barbara Larmann, his wife died on the 170' day of July 1999. As of result of their deaths, there was a merger since August's Estate passed to Barbara and this merger could not be avoided. Subsequent to the death of Barbara Larmann, as part of the settlement of her Estate, a deed was issued for Lot 428 from the Executor of Barbara Larmann's Estate to Susan DeLeo and Wayne Deleo, her husband. Susan DeLeo and Wayne DeLeo were not represented by counsel during the distribution of Susan's mother's Estate. Thus, inadvertently, on the same day, that is the 1St of March, 2000, a second deed was issued for Lot #27, the vacant parcel, which August Larmann and Barbara Larmann had sought to keep separate, was issued to Susan DeLeo and Wayne DeLeo, her husband. Realizing the error they had made, Susan DeLeo and Wayne DeLeo in 2003, March 3`d to be precise, executed a deed from the two of them to Susan DeLeo for Lot #27. Title continued to be held in this matter until September, 2007 when as part of a settlement of a long festering matrimonial dispute, a deed was executed by Susan DeLeo and Wayne DeLeo to Susan DeLeo as to 99% and to myself as to N. 1 perceived at that time that there would be a possible difficulty regarding merger but nonetheless as Ms. DeLeo's attorney, I did attempt to preserve whatever rights we might have as to the single and separate argument. The deed I refer to was signed on the IP of September, 2007 and recorded on May 23, 2008. Susan DeLeo died on the 27`h day of September, 2007 after an extended stay at Eastern Long Island Hospital. Ms. DeLeo's Estate as per her will dated the 7th of September, 2007 and admitted to probate on the 11th day of December 2007, passes to her stepchild, Michelle, who is now 13 years of age. The Estate is burdened with substantial debt. There are unpaid real estate taxes owing to the County of Suffolk and Town of Southold and there are significant sums due to Eastern Long Island Hospital. As recited earlier, Ms. DeLeo died at Eastern Long Island Hospital after a stay of approximately 52 days. Ms. DeLeo did not have health insurance. The hospital bill exceeds $180,000.00. In addition to the hospital bill, there are unpaid doctor's bills and utility bills as well as other miscellaneous debts. Aside from the real estate we are dealing with here, there is only $11,344.00 in cash to pay outstanding estate obligations. The Estate has contracted to sell lots 27 and 28 for the total sum of $625,000.00. However, the purchaser, as part of the contract negotiations, has made this offer contingent on the fact that the parcels are single and separate parcels. It is likely that if an unmerger cannot be obtained that the purchaser will exercise his option to terminate the contracts and receive a return of down payment, monies. I am advised by the realtor who has secured the purchaser for the estate that it is likely that the sale of the home and vacant parcel lot 427 as a single parcel would result in approximately $100,000.00 diminution in value. As can be seen then, this result would cause a serious economic hardship ultimately to Michelle DeLeo, the beneficiary of the Estate. I am aware of the fact that there is a public hearing scheduled for the 9"' day of September, 2008 on a proposal to amend the provisions of section 280-11 of the Zoning Code of the Town of Southold. Of course we are at this point unable to determine if these proposals will be adopted, however, if they are adopted I would like to point that under proposed paragraph 1 it is clear that except for the 1% interest currently held by myself, there has not been a transfer to an unrelated person since 1979 when August Larmann and Barbara Larmann purchased lot #28. Further, it is evident and I would ask the Board to take notice of the fact that the lot is as large as the majority of improved lots within a 1,000 foot distance and further that the lot has been kept vacant and except for the driveway which is partially on lot 27 has been kept as a separate residential parcel since the filing of the map in 1968. i 19) Fuentes, Kim From: edith kealy <totowaekealy@yahoo.com> Sent: Wednesday, December 25, 2019 10:15 PM To: Fuentes, Kim Subject: [SPAM] - Application of Vincenzo and Margherita Posillico # 7352-7353 Edith and Michael Kealy- Owners of 575 Southern Cross Road Cutchogue New York We are the owners of the above property and strongly oppose the above listed request for a variance for the following reasons 1 -By allowing the building of dwellings below the minimum lot area additional strain will be placed on our already endangered environment 2 -Reducing the minimum code required area also reduces the value of the surrounding properties 3 -We questioned the term "as built".. We observed extensive renovations on the property for almost all the summer of 2019 4 -We are concerned that not all the appropriate parties were notified of the variance request" - RE E2zED DEC 272 19, Zoning sowd DT S VO -IUPC 1--� MP vv -- Fuentes, Kim From: Peter Bohan <bohanpj4@gmail.com> Sent: Thursday, December 26, 2019 3:10 PM To: Fuentes, Kim r Subject: [SPAM] - Application of Vincenzo and Margherita Posillico # 7352-7353 Peter and Julie Bohan owners of 645 Southern Cross Road, Cutchogue New York We were not notified that there would be a hearing related to Posillico Variance Application #7352-7353. Our property is directly adjacent to 719 Southern Cross Road. The residents use our property'right of way' to access their property. We strongly oppose the request for variance for the following reasons: The potential for additional residents/vehicles using the right of way to access the property. Currently right of way from West Road not used to access property. Right of way from our property line to West Road has been obstructed for many years even prior to current owners The additional dwellings below the minimum lot area will have a negative environmental impact Reduction of our property value Additionally, we are concerned that we were not notified of this request for variance by any related party. Please feel free to contact me if there are any questions or concerns. Thank you - Peter Bohan 111 Cambridge Ave Stewart Manor NY 11530 RECEIVED DEC 2 7 2019 Zoning Board of Appeals) TYPESET Tue Dec 17 11 06 48 EST 2019 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 2, 2020 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN RECREATION CENTER at 970 Peconic Lane, Peconic, New York 11958, on THURSDAY, JAN- UARY 2, 2020. 9:30 A.M. - JUSTIN AND ELIZABETH MIRRO #7350 - Request for a Variance from Article III, Section 280-15; and the Building Inspector's July 3, 2019, Notice of Disap- proval based on an application for a permit to maintain an existing accessory garage; at, 1) located in other than the code permitted rear yard; located at 2455 Nassau Point Road, (Adj to Neck Bay) Cutchogue, NY SCTM No. 1000-104-13-6 9:40 A.M. - VINCENZO__AND MAR- GHERITA POSILLICO `#7352 - Request for an interpretation pursuant to Article II, Section 280-10, and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval, based on a re- application for a previously denied waiver of merger to determine whether the subject premises is exempt from the merger provi- sion; at. 650 West Road & 719 Southern Cross Road, Cutchogue, NY. SCTM#'s1000-110-5- 42 & 1000-110-5-43. 9:50 A.M. - VINCENZO AND MAR- GHERITA POSILLICO #7353 - Request for Variances from Article III Section 280-14; Article XXIII, Section 280-124, and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Dis- approval based on an application for a two lot subdivision of merged lots, and to legalize "as built" additions and alterations to an existing single family dwelling; at, 1) both proposed lots will be less than the code required mini- mum lot area of 40,000 sq. ft., 2) both pro- posed lots will+be less than the code required minimum lot depth of 175 feet; 3) "as built" additions to the dwelling on Lot 1 is located less than the code required rear yard setback of 50 feet; 4) "as built" additions to the dwelling is located less than the code required side yard setback of 15 feet, at: 650 West Road & 719 Southern Cross Road, Cutchogue, NY SCTM#'s1000-110-5-42 & 1000-110-5-43. 10:00 A.M. - ROBERT.AND STEPHANIE SWING #7356 - Request for Varianc8s from Article III, Section 280-15, Article XXIII, Section 280-124; and the Building Inspector's September 19, 2019 Notice of Disapproval based on an application for a permit to con- struct an accessory swimming pool and to legalize an "as built" second story deck addi- tion to an existing single family dwelling at, 1) swimming pool located in other than the code permitted rear yard, 2) more than the code permitted maximum lot coverage of 20%; located at 1745 Bay Shore Road, (Adj to Pipe's Cove) Greenpon, NY SCTM# 1000-53-4-7 10:10 A.M. - JOHN ARCARA AND MI- CHAEL SCOPELLITE #7357 - Request for a Variance from Article III, Section 280-15; and the Building Inspector's September 19, 2019, Notice of Disapproval based on an ap- plication for a permit to legalize an "as built" accessory pool house, at, 1) located in other than the code permitted rear yard; located at 3905 Wells Road, (Adj to Richmond Creek) Peconic, NY SCTM No. 1000-86-2-14. 10:20 A.M. - PATRICIA A. GRADY, aka PATRICIA REDDINGTON #7360 - Re- quest for a Variance from Article III, Section 280-15 and the Building Inspector's August 23, 2019 Notice of Disapproval based on an application for a permit to construct an acces- sory in -ground swimming pool at, 1) located in other than the code permitted rear yard, located at 240 Bittersweet Lane, Cutchogue, NY SCTM#1000-104-2-7.7. 10:30 A.M. - PAUL AND MARIA BLAZEK #7358 - Request for a Variance from Article XXIII, Section 280-124, and the Building Inspector's July 30, 2019, Notice of Disapproval based on an application for a permit to construct an addition to an existing single family dwelling; at, 1) located less than the code required rear yard setback of 50 feet, located at 670 Hickory Road, Southold, NY. SCTM No. 1000-54-6-7 10:40 A.M. - MARIETTA CARAVANOS #7362 - Request for Variances from Article XXIII, Section 280-124 and the Building In- spector's July 31, 2019 Notice of Disapproval based on an application for a permit to demol- ish an existing dwelling and construct a new single family dwelling at, 1) located less than the code required front yard setback of 40 feet; 2) located less than the code required rear yard setback of 50 feet; located at 3700 Stars Road, East Marion, NY. SCTM#1000-22-2- 16, 1:00 P.M. - ALEKSANDER MYFTARAGO #7346 — (Adjourned from December 5, 2019) Request for Variances from Article IV, Section 280-15 and the Building Inspector's July 30, 2019 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory ga- rage; at, 1) located less than the code required minimum rear yard setback of 3 feet from the rear yard property line; 2) located less than the code required setback of 3 feet from the side yard property line; located at 135 Oak Place, Mattituck, NY SCTM No. 1000-142-1-11 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit writ- ten statements before the conclusion of each hearing Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please contact our office at (631) 765-1809, or by email- kimf@ southoldtownny gov Dated- December 19, 2019 ZONING BOARD OF APPEALS - - LESLIE KANES WEISMAN,- CHAIRPERSON By Kim E Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) PO Box 1179 Southold, NY 11971-0959 2431520 V I " r # 0002431520 .t 17 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) 1� Kimberly Gersic of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s), successfully commencing on 12/26/2019 . Principal Clerk 1 Sworn to before me this day of B gj�� Ct,Ar<lsTt;.A voueaSlcl NOTARY PUBLIC -STAT01' NEW YORV No Qualitied in S001k 1k Coun+Y My Comm'ss1011 EY01fes sebwo'v 20, 2020 Fi TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of. N"a"a" X mw'K, K oS\ l' o (Name of plicant/Owner) Appeal No. -735a AFFIDAVIT OF MAILINGS I000 - Igo - 5 - C4 2 �p `jo �� Q.1�� G�55 C17 c'1�l iJ2i SCTM No. 1000- ] 1 f7 6 - q3 (Address of Property) i (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK Owner, (\/,) Agent residing at being duly sworn, deposes and says that: l0 New York, On the / day of �' , 2011 , I personally mailed at the United States Post Office in �pUV(\ON Com- , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ` 1'' Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to befo, me this day of - , 201l) (N6 Public) jr BETSY A. PERKINS Notary Public, State of New York No. 01 P--6130635 Qualified in Suffolk County, Commission Expires July 18, � PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. _■_ Complete•items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed3o_ I Conrad & Deborah Hopkins 25 St. James Street North Garden City, NY 11530 r , IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII 9590 9402 3554 7305 8044 37 2. Article Number (rransfer from service COON ON DELIVERY A. Signature s ❑ Agent X ❑ Addressee B. ReceiV (Print 'C. Date of Delivery f D. Is delii5'6ddress different from item 1? u Ye: If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaIITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mall® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery' ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation ❑ Insured Mad ❑ Signature Confirmation Restricted Delivery ❑ Insured Mail Restricted Delivery 3. dull Si a Type ❑ RegiPriorityerect M IlTm @ ❑ Adult Signature f] Registered MaIITM PS Form 3811, July 2015 PSN 753D� 4000�905a. `• Domestic Return Receipt SENDER: COMPLETE SECTION •MPLE-, E THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. LB.Recetved ture N Print your name and address on the reverse lGG ❑ Agent so that we can return the card to you. N(Addressee ■ Attach this card to the back of the mailpiece, 4y (Printed Name) C. Dale of elivery 'I or on the front'if space permits. G (fir 'AX1q 1. Article Addressed to: D. Is del ery_address different from item 12 Yes If YES, enter delivery address below: ❑ No I Charles & Mary Lou Brautigam Its My Way LLC I PO Box 1246 c/o Brautigam �I Cutchogue, NY 11935 PO Box -1246 ` — 3. Service TypeII ❑ Priority Mail Express@ (( I I I II III I I I I I II I I I I I III I I I I I I I I I I I I II I I I III I I 3. dull Si a Type ❑ RegiPriorityerect M IlTm @ ❑ Adult Signature f] Registered MaIITM ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted 9590 9402 3554 7305 8044 68 ❑ Certified Mall@ Delivery ❑Certified Mail Restricted Delivery ❑ Return Racal for ❑ ollect on Delivery Merchandise I ❑ Adult Signature ❑ Registered MailTM I IIIIII IIII Ili I II I IIII I II I I I II I III III II I III ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mail@ Delwery 9590 9402 3554 7305 8044 44 ❑ Certified Mail Restricted Delivery I] Retum Recelptfor Merchandise El Collect on Delivery ❑ Collect on Delivery Restricted Delivery 13 Insured Mall 13Signature ConfirmationTM f ElSignature Confirmation 2. Article Number (Transfer from service label) ❑ Insured Mad Restricted Delivery Restricted Delivery '(over $500) PS For 3811, JUIy 2015 PSN 7530-02-000-9053 ' , 7 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature /J C3 Agent B. Received by (Print`ed Name} C. D to of L �1 I y to t4 11i2kc( D. Is delivery address different from item 17 19 Yes If YES, enter delivery address below: ❑ No C Its My Way LLC I c/o Brautigam PO Box -1246 _Cutchogue,-NY 11935 (( I I I II III I I I I I II I I I I I III I I I I I I I I I I I I II I I I III I I 3. dull Si a Type ❑ RegiPriorityerect M IlTm @ ❑ Adult Signature f] Registered MaIITM ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted 9590 9402 3554 7305 8044 68 ❑ Certified Mall@ Delivery ❑Certified Mail Restricted Delivery ❑ Return Racal for ❑ ollect on Delivery Merchandise I ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfinnationTM 2. Article Number (Transfer from service labeq ❑ Insured Mad ❑ Signature Confirmation ❑ Insured Malt Restricted Delivery Restricted Delivery (over $500) PS Form 3811, July 2015iP.SN 7530; 02-000-9053: Domestic Return Receipt C F..Fol�delivery ostal Servicer"" A IFIEp nMAIL'° RECELPT 10.. c Mail'Only information. visit our weh¢itci at,,.,, ,., rl-- a Q' O O O O Qr O �m i-0 rq 0 r% -- RAirhmicl A G.J;+k v --.I.. Lr) .A V, -1z A i2 -\ L ) r, Certified Mad Fee Extra Servlces & Fees (checkbox, add lee as epproprfate) y a ' jf`y 17=1 ❑ Return Receipt(hardoopy) $ ❑Return Receipt (electronic) $ �-1 PO O []Certified Mall Restricted Delivery $ l .� C3 ❑ Adult Signature Required $ O ❑ Adult Signature Restricted Delivery$ it Postage l� O $ - - M 7 co �`- r-q ' Peter & Julie Bohan ' 11 Cambridge Ave Stewart Manor, NY 11530 ;w 'o rte. 17O ®° e 17-1 — Certified all Fe > t2-, �- Er $ -� Extra Services & Fees (checkbox, add fee as a ro ' r_q ❑ Return Receipt (hardeopy) $ PP Pdete) ; C3 ❑Return Receipt (electronic) $ Certified Mail Restricted Delivery $ ALStaO❑q Signature Required $—Ir( HBrO�� ❑Adult Signature Restricted Delivery $ 1 i ,1 %(,7 C-3 Postage III r 171171 ED Conrad & Deborah Hopkins 0 25 St. James Street North ----------- Garden _Garden City, NY 11530 -- :rr , r, ,ar• i ------------------ CO ® tJ - C3 • I Ln11112-13,11 =11111!zit! • �;! #b xas i)t • • o Er Certified Mall Fe $ Extra Services &Fees (check box, add fee as m I r.9 ❑ Return Recelpt(hardcopy) $ PPropnate)_J4 +,��•',-e�,"'�\ p ❑Return Receipt (electronlc)$ �_• i mm�� ❑ Certified Mall Restricted Delivery $ 0 �'�.POst rk 1 0 y ❑Adult Signature Required ❑Adult Signature Restricted Delivery Here $ T ..� Er Postage ; ,: C3 m\ ;1` s � ` w ItM y Way LLC o c/o Brautigam r` PO Box 1246--------------- Cutchogue, NY 11935 ---------- M M. � -- 'e - u7 ® A © - u) • • v- l>rCertifie ''d Mad Extra Sery ces & Fees r� ❑RetumRecel t iuneckbox,addfeaas P (hardoopy) $ aPPropbate) ----� ❑Return Receipt (electronle) �— ❑ Certitled Mall Re $ i Restricted Delivery $ D" 1P1,\O,i0�OAdultSlgnat,,RequGedOAdultSignature RestrlCeoll) $ Postage a $ Cal Gerard Milito \ 'a.%j 0 48 Boyd Street Long Beach, NY 11561 :;PostalService'M U .RTIFI.ED MAIL° REGEIPT' estic wi only eliver Infos Y � rrlatioi; visit our webciteSat ., „.._.m ;w 'o rte. 17O ®° e 17-1 — Certified all Fe > t2-, �- Er $ -� Extra Services & Fees (checkbox, add fee as a ro ' r_q ❑ Return Receipt (hardeopy) $ PP Pdete) ; C3 ❑Return Receipt (electronic) $ Certified Mail Restricted Delivery $ ALStaO❑q Signature Required $—Ir( HBrO�� ❑Adult Signature Restricted Delivery $ 1 i ,1 %(,7 C-3 Postage III r 171171 ED Conrad & Deborah Hopkins 0 25 St. James Street North ----------- Garden _Garden City, NY 11530 -- :rr , r, ,ar• i ------------------ CO ® tJ - C3 • I Ln11112-13,11 =11111!zit! • �;! #b xas i)t • • o Er Certified Mall Fe $ Extra Services &Fees (check box, add fee as m I r.9 ❑ Return Recelpt(hardcopy) $ PPropnate)_J4 +,��•',-e�,"'�\ p ❑Return Receipt (electronlc)$ �_• i mm�� ❑ Certified Mall Restricted Delivery $ 0 �'�.POst rk 1 0 y ❑Adult Signature Required ❑Adult Signature Restricted Delivery Here $ T ..� Er Postage ; ,: C3 m\ ;1` s � ` w ItM y Way LLC o c/o Brautigam r` PO Box 1246--------------- Cutchogue, NY 11935 ---------- M M. � -- 'e - u7 ® A © - u) • • v- l>rCertifie ''d Mad Extra Sery ces & Fees r� ❑RetumRecel t iuneckbox,addfeaas P (hardoopy) $ aPPropbate) ----� ❑Return Receipt (electronle) �— ❑ Certitled Mall Re $ i Restricted Delivery $ D" 1P1,\O,i0�OAdultSlgnat,,RequGedOAdultSignature RestrlCeoll) $ Postage a $ Cal Gerard Milito \ 'a.%j 0 48 Boyd Street Long Beach, NY 11561 ■ Complete items 1, 2, and 3. X Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Michael & Edith Kealy., i Si 69 Chestnut Drive ii Wayne, NJ 07470 !� 111111 IN III 1111 IN 111111II11111 II1li 111 9590 9402 3554 7305 8043 38 2. Article Number (rransfer, from service Mel)i i It t�`l, ) W. i i - Il{((l i j PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Coritpiete,iteffis 1, 2, and 3. i ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gerard Milito 148 Boyd Street Long Beach, NY 11561 1 9590 9402 3554 7305 8043 90 1 2. Article Number (transfer from service /abep A. Signature ��/,� ❑ Agent E3 AddreAddre B. Received by (PrInte Name) I.C. Date f Del D. Is deH#ery address different from item 1? ❑ Yes if YES, enter -delivery address below: ❑ No 3. Service Type El Priority Mall Express® f ❑ Adult Signature O Registered MallTm Mali Restricted 13Adult Signature Restrlcted Delivery ❑ Reglstered 13 Certified MdO ❑ Certified Mall Restricted Delivery Delivery III ❑ ReturnReceipt for 11 Collect on Delivery ❑ CollectDelivery Restricted Delivery Merchand+se ❑ Signature ConfirmafionT"l ,on ❑ Insured Mail I j i e i ❑ Signature Confirmation Delivery E3Insured Mail Restricted Delivery ResUicted (over $500) Domestic Return Receipt �. PS Form 3811, JUly,201A PSN 7534-02-000-9053 t ; t A.aator ❑ Agent X ❑ Addte B. iVe y (Printed Name) --TC.Date of%`Deji D. Is delivery address different from item 1? u YeE if YES, enter delivery address below: p No 3. Service Type ❑ Pdority Mail Express® ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Registered MallTm -❑ Registered Mail Restdcted ❑ Certified Mall® ❑ Certified Mall Restricted Delivery Delivery ❑ Return Recelpt for ❑ Collect on Delivery' Collect on Delivery Restricted Delivery Merchandise ❑ Signature ConfirmationTm ❑ • [3 Signature Confirmation [3 Insured Mail ❑ Insured Mall Restricted Delivery Restricted Delivery Domestic Return Receipt i ■ Complete4tems 1, 2, and 3. A. ■ Print your name and address on the reverse X i so that we can return the card to you. B. ■ Attach this card to the back of the mailplece, Delivery or on the front if space permits. 7 Article Addressed to: — — Merchandise ❑ Signature Confirmation"" j1. ❑ Signature Crinflrmatlon I Karol Filipkowski Restricted Delivery PO Box 356 1 Cutchogue, NY 11935 Domestic Return Receipt ; ;f IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IlIIiIIIII l 9590 9402 3554 7305 8043 52 2. Article Number (Transfer from service labeq PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ rL! ® -MAIL@ ■ ■ ✓ r I• r7=1 D-' A L U 9- CortiEr Mall F $ Extra Services & Fees (checkbox, add Maas appropriate) rq ❑ Return Receipt (hardcopy) $ t r p ❑ Return Receipt (electronic) $ 'srpostmarg E3 []Certified Mail Restricted Delivery $ /-'4d Hera 'V []Adult Signature Required $,yi []Adult Signature Restricted Delivery$Er Er Postage 4 , rn CO ; Karol Filipkowski E3 PO Box 356 N Cutchogue, NY 11935 ----------- m ______ a iPO Box 1246 Cutchogue, NY 11935 K tgent D. Is delivery address different from item 1? 'U Yet If YES, enter delivery address below: p No 3. Service Type E3 Priority Mail EXpresse El Adult Signature ❑ Registered MallTm ❑ Adult Signature Restricted,Delivery 11Reggistered Mall Restricted 11 Certified Mail® Delivery ❑Certified Mall Restricted Delivery 17 Return Receipt for ❑ Collect on Delivery' ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation"" ❑ In sured Mail ❑ Signature Crinflrmatlon I ❑ In sured Mad Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt ; --------------- 7 ------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of: s�, \ � I I�u--) (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF L --t ( CAO POSTING SCTM No. 1000- �' o (Section, Block & Lot) residing at �Lhr�V �' Lb7,113 New York, being duly sworn, depose and say that: I am the (Owner or ( ) Agent for owner of the subject property On the aD-- day of � , 20'R,I personally placed the Town's Official Poster on subject property located at: cro indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right -of -Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing da e was shown to be t; (9 a i , (Owner/Ag t Signature) to before me this Day of � d7--) • , 20 a (1) BETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 otary Public) Qualified in Suffolk Count Co mission Expires July 18,� * near the entrance or driveway entrance of property, as tiie area most visible to passerby BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 2, 2020 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held in the SOUTHOLD TOWN RECREATION CENTER at 970 Peconic Lane, Peconic, New York 11958, on THURSDAY, JANUARY 2, 2020. 9:40 A.M. - VINCENZO AND MARGHERITA POSILLICO #7352 - Request for an interpretation pursuant to Article II, Section 280-10; and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval based on a re-application for a previously denied waiver of merger to determine whether the subject premises is exempt from the merger provision; at: 650 West Road & 719 Southern Cross Road, Cutchogue, NY. SCTM#'sl000-110-5-42 & 1000-110-5-43. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: December 19, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 _4ONING BOARD OF APPEALS MAILING'ADDRESS : 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex 1st Floor 54375 Main Road and Youngs Ave., Southold website: hq://southtown.northfork.net December 2, 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, January 2, 2020 Hearing "LOCATION FOR THIS HEARING ONLY SOUTHOLD TOWN RECREATION CENTER LOCATED AT 970 PECONIC LANE, PECONIC, NEW YORK, Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before December 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed'with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than December 23`d : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with, the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board'during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 24th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please -deliver or mail your Affidavit of Posting for receipt by our office before December 31, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Tli.E vF HEARI,,4t� The following application will be heard by the Southold Town Board of Appeals at : SOUT ' HOLD TOWN RECREATION CENTER LOCATED T 970 P,ECONICLAN PECONIC NAME: POSILLICO, VINCENZO # 7352 SCTM # 0 1 000-1 1 0-5-42 '1'ARIANCE: I NTERPRETATION I'LEQUESTmE A PREVIOUSLY DENIED WAIVER OF MERGER rATE0 : THURS., JANUARY 2, 2020 9:40 AM If you are interested in this project, you may, review the file(s) prior to the -Nearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD (631) 765-1809 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMORANDUM To: Heather Lanza, Planning Director Donald J. Wilcenski, Chairman, Planning Board From: Leslie Weisman, Chairperson, Zoning Board of Appeals Date: August 28, 2019 RE: Request for Comments #7352 & 7353 Posillico SCTM No. 1000-110-5-42 & 1000-110-5-43 Enclosed are copies of Building Department's Notice of Disapproval dated August 22, 2019, ZBA Applications, and current surveys and subdivision map. Your review and comments are requested at this time. Applicant: Vincent & Margherita Posillico SCTM No. 1000-110-5-42 & 1000-110-5-43 #7353 Area Variances for Proposed Two Lot Subdivision Code Section: Article IV, 280-18, Article XXIII, Section 280-124 Survey/Site Plan: Survey (Subdivision Map) signed or stamped by John Minto, LLS Dated/Revision Date: Revised August 2019, Date Received August 22, 2019 Hearing Date: January 2, 2020 Note: We've also enclosed the applicant's submission for an Interpretation. The applicant alleges that due to death of a co-owner, that the subject parcels maintain single and separate status, and further alleges that the prior 2006 decision was based upon a prior Waiver of Merger Law, and that the applicant may request an interpretation based upon the current law. The applicant requests Area Variances for a proposed two lot subdivision if the outcome of their request for an Interpretation is not favorable. BOARD MEMBERS ,*Of $O(/j�o ,Southold Town Hall Leslie Kanes Weisman, Chairperson ,`4 l0 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Patricia Acampora Office Location: Eric Dantes O! Town Annex /First Floor, Robert Lehnert, Jr. �COO,� 54375 Main Road (at Youngs Avenue) Nicholas Planamento Southold, NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMORANDUM To: Heather Lanza, Planning Director Donald J. Wilcenski, Chairman, Planning Board From: Leslie Weisman, Chairperson, Zoning Board of Appeals Date: August 28, 2019 RE: Request for Comments #7352 & 7353 Posillico SCTM No. 1000-110-5-42 & 1000-110-5-43 Enclosed are copies of Building Department's Notice of Disapproval dated August 22, 2019, ZBA Applications, and current surveys and subdivision map. Your review and comments are requested at this time. Applicant: Vincent & Margherita Posillico SCTM No. 1000-110-5-42 & 1000-110-5-43 #7353 Area Variances for Proposed Two Lot Subdivision Code Section: Article IV, 280-18, Article XXIII, Section 280-124 Survey/Site Plan: Survey (Subdivision Map) signed or stamped by John Minto, LLS Dated/Revision Date: Revised August 2019, Date Received August 22, 2019 Hearing Date: January 2, 2020 Note: We've also enclosed the applicant's submission for an Interpretation. The applicant alleges that due to death of a co-owner, that the subject parcels maintain single and separate status, and further alleges that the prior 2006 decision was based upon a prior Waiver of Merger Law, and that the applicant may request an interpretation based upon the current law. The applicant requests Area Variances for a proposed two lot subdivision if the outcome of their request for an Interpretation is not favorable. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento February 24, 2020 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Mrs. Moore; http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Re: ZBA Interpretation Application #7352 Posillico, 650 West Road, Cutchogue SCTM No. 1000-110-5-42 & 43 Transmitted for your records is a copy of the Board's February 20, 2020 Findings, Deliberations and Determination, the- original of wliich was fled with the Town Clerk regarding the above application for interpretation. Please contact our office if you have any questions or concerns. Sincerel , Kim E. 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