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HomeMy WebLinkAbout7761SE nZ� ,, Kort 53 fiat, Q G d f ` Owner: Greenporto dings Inc File M 7761 SE Address: 190 Pheasant PI D) Code: 13ED Agent Info Charles Kuehn P.O. Box 641 Northport, NY 11768 Phone: 631-262-8540 Fax: Email: cwkarchitect@gmail.com b-D �-3 (4v F-5) �`� }I1. -5 s BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� ®��� 53095 Main Road•P.O. Box 1179 Patricia Acampora •`®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor ® O 54375 Main Road(at Youngs Avenue) Nicholas Planamento ® a UN%� Southold,NY 11971 RECEIVED http://southoldtownny.gov + ZONING BOARD OF APPEALSM Y 2 2 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 40&old 'ownwn Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 18, 2023 ZBA Application No.:7761 SE Applicants/Owners: Robert Pagnozzi/Greenport W. Holdings, Inc. Property Location: 190 Pheasant Place, Greenport,NY SCTM No. #1000-53-4-44.36 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and detennines that this review falls under the Type II category of the State's List of Actions, without further requirements 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. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 42,036 square foot parcel located in an R-40 Zoning District. The parcel runs 165.00 feet along Pheasant Place, runs 335.76 feet on the East side,runs 100.00 feet on the South side, and 306.11 feet on the West side. The parcel is improved with a two-story frame house, an in-ground pool, a paver patio, and a one-story frame garage. All is shown on a survey prepared by Ralph O. Heil, L.S. of Metes and Bounds Surveying L.L.S., last revised May 9, 2022 ADDITIONAL INFORMATION: Several neighborhood residents and members of the subdivision Home Owners Association submitted letters and gave testimony at the hearing that they oppose the granting of the special exception permit, and indicated that the property owner is rarely in residence. They also testified that there is currently an accessory apartment that is attached to one of the homes in the neighborhood, but none in an accessory structure. The neighborhood is governed by a Home Owners Association(HOA) and is burdened by Covenants and Restrictions(C&R's)that were established by the Southold Town Planning Board when they approved the subject subdivision, August Acres. The Zoning Board of Appeals adjourned the public hearing on April 6,2023 to the ZBA's Special Meeting on April 20,2023 in order to CONFIRM with the planning department and Town that the Planning Board retains sole jurisdiction over the C&R's. Moreover, neither the existing Covenants and Restrictions nor the current Homeowner's Association By-Laws prohibit the Page 2, May 4,2023 7761 SE, Pagnozzi SCTM No. 1000-53-4-44.36 i establishment of an accessory apartment in an accessory structure per town code. The ZBA closed the hearing on April 20, 2023 FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on April 6, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and the surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 280-13(B)(13)to establish an Accessory Apartment in an Accessory Structure and finds that the applicant does not comply with all of the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the second floor of the accessory structure with a conforming area of 732 square feet of livable floor area, where the code permits a maximum of 750 square feet, as described and shown on the floor plan prepared by Charles Kuehn Architect, dated February 9, 2021 (Sheet A-2) and as confirmed by the Building Inspector in a memorandum titled"Verification of Livable Floor Area" dated April 3, 2023 and received by the Board of Appeals on April 4,2023. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with all code requirements as defined in Section 280-13(B)(13) of the Zoning Code The owner confirms that the accessory apartment shall not contain less than 450 sq. feet, and the accessory apartment will not exceed 750 square feet of livable floor area all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property and will continue to occupy the single-family residence as a primary residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4), and as documented by copies of a notarized Affidavit of Residence, voter registration card, bank statement, driver's license, utility bill,telephone bill, and tax returns. At the hearing the applicant/property owner testified that, although he owns multiple properties,the subject dwelling is his primary residence. When asked why he did not have a STARR Exemption as proof of principle residency, he said he had not applied. After the hearing the applicant submitted an email indicating he was not eligible because the subject property is owned by an L.L.C. named Greenport W. Holdings, Inc. and he is the sole partner of the L.L.C. 4. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4). The proposed tenant of the accessory apartment will be Ashley Lauren Pagnozzi,the applicant's daughter, as evidenced by copies of her Birth Certificate and a residential lease. However, evidence was submitted to the Board that the subject property is advertised by the property owner for rent for a maximum of seven guests and a minimum stay of three nights in violation of the Town Code and the requirements for the issuance of a Special Exception Permit.-Code Enforcement was notified and subsequently issued four violations: one violation of Town Code for not having a building permit for the photo-voltaic electrical system; one violation for not having a Building permit for a hot tub; one violation of the Town Code's rental law for not having a rental permit and finally a violation of the Town Code's transient rental law. At this time,there has been no resolution of these violations and thus this Zoning Board of Appeals cannot render an approval for the Special Exception Permit application 5. The owners' plans can comply with on-site parking requirements and provide for a minimum of three (3) on- site parking spaces. Although the applicant did not show the required parking spaces on the site plan(survey) by Metes and Bounds Surveying L.L.S. dated August 14, 2020., personal inspection by Board Members of the property confirmed that there is sufficient room on the as-built asphalt driveway to accommodate the required Page 3, May 4,2023 7761SE,Pagnozzi SCTM No. 1000-53-4-44.36 number of cars. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the district in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal dwelling,which cannot be reliably confirmed at this time. 3) Evidence has been submitted to show that the safety,health, welfare, comfort, convenience, order of the Town would be adversely affected. The property has been issued four Notices of Violation of Town Code. 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson) seconded by Member Acampora and duly carried,to DENY the Special Exception Permit as applied for Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes, Lehnert, and Planamento(5-0). c Leslie Kanes Weisman, Chairperson Approved for filing // /2023 SURVEYOF RECEz��Dulta L o T 34 JAN 112023 MAP OF zafing*ard of Appeals �6�• o� AUGUST ACRES, SECTION O N E s FILE No. 9107 FILED JUNE 03, 1991 SITUATE uoF ARSHAMOMAGUE TOWN OF SOUTHOLD ev �0SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-53-04-44.36 o SCALE 1 "=40' \ ASPHALT 2,p LOT 35 AUGUST 14, 2020 \ DRIYEWAY 6 ?OCpGey�'�Sbj_o.>�; -� MAY 9, 2022 UPDATE SURVEY PHONE \\ ac \�' S`>T•" ON�i•�p. ��T BOX 'to - CABLE BOX ` 6° \`I' oxv�y�p�`'` `yt o y�Qy y�� AREA = 42,036 sq. ft. ry' 0 0.965 ac. /// ��/' C� Flo /T ° Q°p'�`��' '.p°`Z Qo�`��,�2• % Ir INY O�� QQ.°ry6d °JaoOa ////'/60• yp �y0 GPS ��Q Oy Q QP\O / / /r• •a � 1v/0/F y1�44 TOWN OF SOUTHOLD A LOT 36 p WATER VALVE TEST HOLE LOT >4 / � CONC. MON. FOUND NOTE: LOCATIONS AND EXISTENCE OF ANY FE. / 7.a UTILITY POLE SUBSURFACE UTILITIES AND/OR STRUCTURES t WATER METER NOT READILY VISIBLE, ARE NOT CERTIFIED. THISSURVEYISSUBJECTTOANYEASEMENT OFREC ORDANDANYOTHERPERTINENTFACTS METES AND BOUNDS SURVEYING WHIG HATITLESEARC HMIGHTDISC LOSE N/0/F AUGUST ACRES HOMEOWNERS CO C. 53 PROBST DRIVE "UNAUTHOSURVEYMAPBEDALTERLICENSEDLA DSURVAEYOR'S ASSOCIATION, INC. "' SHIRLEY, NY 11967 SEALISAVIOLATIONOFARTICLEI3 SECTION720 9,SU B DIV \$tpE PHONE (516) 972-5812 EDUCATIONLAWION2,OFTHENEWYORK TATE FNpd a pg surveydude@optonline.net "Copiesfromtheoriginalofthissurveymap G v- notmorkedwithanoriginaloftheland surveyor'sinkedsealorhisembossedseal \4, LOTS: 44.36 BLOCK: 04 SECTION: 53 DISTRICT: 1000 shallnotbeconsideredavalidtruecopy." \ o Certificotionindicatedhereonsignifythat / ot hissurveywospreparedinoccordancewith ��,6/ \\ ,apo• MAP OF: AUGUST ACRES SECTION ONE theexistingCodeof ProcticeforLondSur eys •� adopted bytheNewYorkStateAssociotionof k it / Profession al LondSurveyors.Said O6' SITUATED AT: ARSHAMOMAGUE c ertification ss ha 11 ru no n lytot he pe rson forty homth esu rveyls p re po red,andonhis �1. TOWN OF SOUTHOLD, SUFFOLK CO.. N.Y. behalftothetitlecompony,gave rnmental age n cya ndle ndi n gi nstitution. O loci N/01F C ertifi cation sarenottranetc .o additionalinstitutionsorsubse ubsequuentowners." 6� LOUIS VULLO 5 CERTIFIED TO JOB NO.: 20-267A DATE: MAY 9, 2022 RECEIVED JAN 112023 Zoning Board of Appeals 36'-4' 5'-0' 7'-0' 12'-4' 7'-0' 5'-0' I I \ r - -----------------------------------� EXISTING GARAGE DOOR EXISTING GARAGE DOOR I ---- 30310 D.H. 30310 D.H. I - ------------------- ----- (2) 2„ X 8" c ) 2„ X „ - EXISTING ELECTRICAL PANEL r� DINING UPGRADE TO MINIMUM 150 AMP I I I I I I BOOTH SERVICE I I I I `n oo + -i N iv , I (.0C14 r -6' -4' L, 11'-0'12' REMOVE EXISTING STAIR r aCLOSE OPENING AT 2ND I N I W FLOOR W 2" X 8" F.J. z ;, • I- Y r0 I--t--a ® 16" 0.C. I - cfl L w .� iv cfl > I r-L- I N BEDROOM LIVING RM O LLJ z 1 r 1 7 3046 D.H.-2 " CLG. ❑ /1 m VAULTED CLG. v ' II - I II _ �r x OAK FLOORING OAK FLOORING KITC EN U O LZ I _ I cu N 8-0 LG. HT. �/ p 1=0 EXISTING GARAGE - F PROVIDE (1} LAYER 5/8" a N ><n CO OAK FLOORING O0 00 I I - I -- I TYPE X GYP. TO UNDERSIDE OF F.J. v k� DECT s.d. I z r _ z 16' z Pk 0e � 2668 INSUL r-+ 7 2668 i Irl Q cV 3/4 HR FIRE RATED cn _- I w BATH 61-0� 12 -5 3 7 I N O O SELF CLOSING DR. w D z cV VAULTED CLG. ��Tl I I .. Cu TILE FLOORING o I 2416 I I a 0 ' IPO PROVIDE A FRAMED INSULATED r--- lull 2468 2468CHASE FOR WASTE LINE - VERIFY LOCATION OF CHASE PER WASTE LINE LINENLOCATION ---- I C3 I I I 1------� ----- - W.I. CLOS. -4 L I 2" X 12" ACQ LEDGER BOLTED ----- II TO EXISTING RIM JOIST W. 1/2" L ---- I zo I 8'-5' 3'-9' --- I 1 1DIA. BOLTS @ 16" O.C. I _� C''� I IF ---- C--F ( L--------------------- I (2) 1 3/4 X 11 7/8" LVL IL----� - L---------------------- ---- UTILITY ROOM L- _ ----- ----- - -- -- -- -� L_ I I --------------------------- WALL HU G BOILER 1 PROVIDE (1) LAYER 5/8" TYPE X GYP. TO EA. SIDE OF WALLS I -; IIry & 1 LAYERS TO CEILING 51-0s I �' I Q .V O I INSUL. WALL W/ 5 1/2 (R-21) INSUL o C3 U I MID-LEVEL DECK- 0 INSUL. CEILING W/ 8" (R-30) INSUL. o a, a I 5/4" X 6" ACQ DECKING o = PROVIDE FRESH AIR FROM OUTSIDE AIR c I I o `fti 'j�fc?q�( I 00 x I I N - -I r - -I r — �n (3) 2" X 12" ACQ �I�I_ _ (3) 2" X 12" ACQ Cu — -- �- ------------------L--J----------------L-- J Q z 2E 6" X 6" ACQ POST OVER 30" X 30" X 15" POURED 2' 11'-10' 11'-10' 2' il'-6 ' 6'-6 ' a_ a CONC. FOOTING TO MIN. 36" BELOW GRADE W/ 10" DIA. POURED CONC PIER OVER TO 14'-6' 18'-1' 3'-9' 0 GRADE - TYPICAL FOR ALL 25'-8' o w � w o: � N p I 2ND FLOOR PLAN N ENSTING 15T FLOOR " ,'_ FINISHED FLOOR AREA - 752 S.F. 1/4 1/419 - 77 z 7- o W Z o NOTE w Of INDICATES MIN. 50 CFM FAN VENTED 2" X 6" WALL STUD Q Q Q O l� TO OUTSIDE AIR Q (�7 w "2 O �'- s.d. INDICATES HARDWIRED INTERCONNECTED 2" X 6" PLATE O W Q O SMOKE DETECTOR PER CODE SECTION R-314.5 +, = z WITH BATTERY BACK-UP U Q CARBON MONOXIDE DETECTOR PER SECTION (2) LVL HEADER 0 O O Q O CO R-315.5 - HARDWIRED POWER SOURCE �— DECT FOAM INSUL. LEGEND 2" X 6" PLATE date; JANUARY 2021 ® CORNER POST HOLD DOWN BRACKET WINDOW OR DOOR scale; UNIT 1/4" = 1'-0" 1M SEGMENTED SHEAR WALL HOLD DOWN STRAP drawn bu ❑ POST FROM ABOVE C.W.Kuehn ® SOLID POST TYP . HEADER DET. checked bu project no 21003 sheet # A - 2 drawing title PROPOSED 2ND FL. RECEIVED JAN 1 -12023 (10e ;>000, Zoning Board of Appeals PREFINS-IED GUTTER & LEDDER Z -- -- - OVER PREFINISHED FASCIA c _--_-- OVER 5/4" X WOOD BLOCKING 24" X 60" OPERABLE SKYLIGHT - VELUX OR EQUAL - CENTER OVER - BATH SINK I—� --- = PRE-FINISHED VINYL SIDING 1/2" RIGID FOAM BOARD (R-5) (— "TYVEK" AIR INFILT. BARRIOR = M 1/2" PLYWD SHEATHING A W L0 2"X6" WD STUDS ® 16" O.C. - - - - - 00 3: - - - --- -`- - -- "CABLE RAIL" SYSTEM ® MIN. r 1 00 --- — __ 38" ABOVE DECK FLOOR 2� %O V — — -- — — — — — — — — —=- L771 >- I XQ oww m z 6" X 6" ACQ POST OVER W Orv'Ln 30" X 3O" X 15" POURED O 00 CONC. FOOTING TO MIN. 36" O_ 2 BELOW GRADE W/ 10" DIA. � I POURED CONC PIER OVER TO ry Q GRADE - TYPICAL FOR ALL O Z N M cD I %o I I I I I --------------I� --------------------------J---J-------------------L--J--------------i L--J L---J L- -L-------------------------------------- REAR ELEVATION SIDE ELEVATION 1/491 = 1'-0" - 11-011 r , T Q Z_ — - -- Z 0- Lu -- 12 12V) W I H S w z0 00 F— < — w a— Q a 0 Q C/-) :2 w Q O w - - - - - - - - - - _ _ _ - - - - - - - - - - - - - - - - - - {, < = z n- U) o Q � Q dale; JANUARY 2021 scale; 1/4" = V-0- drawn bu: C.W.Kuehn j I I I I Z � checked bu I I r-I-------------------------------------------fes 1-I rLJ_1 �L------------------------————————————————————————————————— I project no. —�1 L----------------------------------------- L--J L-----------------------------------------------------------J 21003 Li REAR ELEVATION SIDE ELEVATION sheet # " 1 -0 1/4" 1'-0" / \ 1/4 = ' " _ A - 3 Jrawinq title ELEVATIONS RECEIVED REFER TO DETAIL 1, SHEET A-11 JAN 1 12023 FOR DECK FRAMING TYPICAL ROOF 30 YEAR ASPHALT ROOF SHINGLES OVER 30 LBS ASPHALT ROOF FELT Zoning Board of Appeals OVER 1/2" CDX PLYWOOD SHEATHING -- 2"X8" RR ® 16" O.C. z EXISTING ROOF RAFTERS N �. TO REMAIN 8" (R-30) BATTS 2'x 8" CJ-16"OC PRE—FINISHED VINYL SIDING /_/ _ _ _ _ 1/2" RIGID FOAM BOARD (R-5) j BATH � "TYVEK" AIR INFILT. BARRIOR2 VAULTED CLG. 1/2" GYP BD ON WALLS \� 1/2" PLYWD SHEATHING / LIVING RM TILE FLOORINGLJ 2"X6" WD STUDS ® 16" O.C. /� VAULTED CLG. AND CLG (TYP) PRE—FINISHED VINYL SIDING 00 OAK FLOORING 1/2FRIGID FOAM BOARD (R-5) �r °D 3/4" PLYWOOD SUBFLR W/ BEDROOM � � "TYVEK" AIR INFILT. BARRIOR r 1 00 °' 1 2" PLYWD SHEATHING lJ co N J J 8'-0" CLG. HT. / I�co OAK FLOORING I 2X6 WD STUDS ® 16 O.C. � EXT. GLUE GL SCREWED � Q Q � r' LLJ 5/4" X 6" ACQ DECKING TO FLR BEAMS. BLOCK ALL `O �O OVER 2" X 8" ACQ F.J. UNSUPPORTED EDGES w w CD Y Y Y cu 5 1/2- (R-15) BATTS cfl 0'--" w O w LL_ v, mz (3) 2" X 12" ACQ GIRDER EXISTING FLOOR STRUCTUREI ' ' O � 0 TO REMAIN AS IS W LO I1 6" (R-21) BATTS 6" X 6" ACQ POST OVER O N EXISTING GARAGE EXISTING GARAGE Q z N PROVIDE (1) LAYER 5/8" PROVIDE (1) LAYER 5/8" .. TYPE X GYP. TO UNDERSIDE OF F.J. TYPE X GYP. TO UNDERSIDE OF F.J. U 30" X 30" X 15" POURED CONC. FOOTING TO MIN. 36" BELOW GRADE W/ 10" DIA. LA POURED CONC PIER OVER TO ; GRADE — TYPICAL FOR ALL BUILDING SECTION A BUILDING SECTION B " 1/4" = 1'-0 — 1/4" 1'-0" } a z M J W N W Oj W R502.8 - CUTTING, DRILLING AND NOTCHING: O N STRUCTURAL FLOOR MEMBERS SHALL NOT BE CUT, BORED OR NOTCHED o� IN EXCESS OF THE LIMITATIONS SPECIFIED IN THIS SECTION: N R502.8.1 SAWN LUMBER: NOTCHES IN SOLID LUMBER JOISTS, RAFTERS AND BEAMS SHALL NOT EXCEED ONE-SIXTH OF THE DEPTH OF THE MEMBER, SHALL NOT BE LONGER THEN ONE-THIRD OF THE DEPTH OF THE MEMBER AND SHALL Z O > o NOT BE LOCATED IN THE MIDDLE ONE-THIRD OF THE SPAN. NOTCHES z AT THE ENDS OF THE MEMBER SHALL NOT EXCEED ONE-FOURTH THE F— w DEPTH OF THE MEMBER. THE TENSION SIDE OF MEMBERS 4 INCHES (102 MM ) Q Z OR GREATER IN NOMINAL THICKNESS SHALL NOT BE NOTCHED EXCEPT Q Q Q < 0o AT THE ENDS OF THE MEMBER. THE DIAMETER OF THE HOLES BORED Q O w OR CUT INTO MEMBERS SHALL NOT EXCEED ONE-THIRD THE DEPTH OF W :2i O THE MEMBER. HOLES SHALL NOT BE CLOSER THAN 2 INCHES TO THE +, CD = z TOP OR BOTTOM OF THE MEMBER, OR TO ANY OTHER HOLE LOCATED Q 0 IN THE MEMBER. WHERE THE MEMBER IS ALSO NOTCHED, THE HOLE o => Q o SHALL NOT BE CLOSURE THEN 2 INCHES TO THE NOTCH. Q C71> R502.8.2 ENGINEERED WOOD PRODUCTS CUTS, NOTCHES AND HOLES BORED IN TRUSSES, STRUCTURAL COMPOSITE dam' LUMBER, STRUCTURAL GLUE-LAMINATED MEMBERS, CROSS-LAMINATED JANUARY 2021 TIMBER MEMBERS OR I-JOISTS ARE PROHIBITED EXCEPT WHERE PERMITTED scale. BY THE MANUFACTURE'S RECOMMENDATIONS OR WHERE THE EFFECTS OF 1/4" = 1'-0" SUCH ALTERATIONS ARE SPECIFICALLY CONSIDERED IN THE DESIGN OF THE MEMBER BY A REGISTERED DESIGN PROFESSIONAL. drawn bu C.W.Kuehn checked bu project no; 21003 Sheet # A - 4 drawinq title BUILDING SECTIONS - ' OFFICE LOCATION: -1AIL8NG ADDRESS: Town Hall Annex rjf S 0 P.O. Box 1179 5437bState Road Route 25 Southold, NYll97l (vor.D�uioRd. &,YonoQeAve.) V � Southold, NY Telephone: 631765-1809 � � -��� http:Nnox���wldtmnnmuny'gov ~-� JA vkvv, coum _-�_- ZONING BOARD OF APPEALS ���� of -���� �� �/���� ' �� �� JAN � � �A�� v^z� '/ / � / °"., . " �"^� 17�- TO: SOUTHOLD TOWN BUILDING DEPARTMENT RECEIVED] RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Ap rlication P 0 0 - to establish an accessory apartment in an accessory structure APR 01.4 2023-e- ZBA Application: #7761 SE- Pagnozzi, Robert(1000-53.-4-44.36) �T t S .q: January 12, 2023 Zoning Bo Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Plans: Charles Koehn,Architect, last dated February 9' 2021 Based<he n the information listed above livable floor area is determined to b� square feet and is conforming to Section 280-13B (13) (o) ofthe code The livable floor area is determined to be square feet and is not allowed pursuant to Section 2DO-13B(13)/a\ ofthe code which states: "The accessory structure shall contain no |eao than 450 square feet and shall not exceed 750 square foot of livable floor area..." The livable floor area cannot beverified. COMMENTS: ~ Signature of reyiepver Date: �tl;7�133 Adopted by the ard of Vppe:�als:May 18,2011 TOWN OF SOUTHOLD � ZONING BOARD OF APPEALS Phone(631)765-1809 (631)765-9064 RECEIVED APPLICATION FOR A SPECIAL EXCEPTION PERMIT FO AN ��ppN 1 12023 ACCESSORY APARTMENT IN AN EXISTING ACCESSORY B ILDIN�` Application No.: SCTM:No: 7nnin Board of Appeals Date Filed: r Owner/Applicant(s)Name(s) 0 0�^ T �c� 47 Owner/Applicant(s)Address -I a ke CL'56SPr_" P I&ce- 6 rce.n PO r4 p-V. I /S ti q (House No.,Street,Hamlet,Zip Code and mailing address if different from physical address) Owner/Applicant(s)phone number(s): 1 ` 1 -7 d 9 /r S 5s Owner/Applicant(s)e-mail address: P&C� 0-x 7,1 CO Agent/Representative Name,Address,Contact Info,E-mail: [° ]I/we are the owners of the subject property [ ]I am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Form is attached. I. Statement of Ownership and Interest: 1 01' &rX ��1'� t,-MA is(are)the owner(s)of the property known and referred to as pkeckS44 N " e- 6 ccel\ P—or+ ILI U I/ House No. Street Hamlet Zip Code Identifie the Suffolk County Tax Maps as District 1000,Section 5'l Block Lots) 9 Lot Size(S„ Zoning District as shown on the attached deed and survey &4X4S . The above-described property was acquired by the owner(s)on(date) A I/we hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section§280-13B(13)of the Zoning Ordinance to establish an accessory apartment in an existing accessory building as shown on the attached survey/site plan and floor plan(s) II. Project Description: 6rA--4,'Tr.ct uT A C_-LESS 6Uc r k9061 TM 00 r Int F._x l Crl ae, III. The applicant alleges that the approval of this special exception would be in harmony with the intent and purpose of said zoning ordinance,and that the proposed use conforms to the standards prescribed therein and would not be detrimental to property or persons in the neighborhood for the following reasons: r r Page 2—Application—Special Exception—Accessory Apartment in existing Accessory Structure ECEIVED AN 1 23 IV. The applicant alleges that the following standards prescribed by Section§280- Zoning Board of Appeals 13(13)(13)(a)-(k)of the zoning ordinance will be met: a. The accessory apartment will be located in an existing accessory building. b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners'principal residence.The other dwelling unit shall be occupied by a family member as defined in Section§280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement,evidenced by a written lease,for a term of one or more years. c. The accessory apartment shall contain no less than 450 square feet and does not exceed 750 square feet of livable floor as defined in Section§280-4 of the code. d. The accessory apartment will be located on one floor of the accessory building and will contain only one full bathroom. e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one(1)accessory apartment shall be permitted on this parcel. g. No Bed and Breakfast facilities,as authorized by Section§280-13(B)(14)hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter§280 of the Town Code of the Town of Southold. k. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. V. Th/property which is the subject of this application(check all that apply): [V]has not changed since the issuance of the attached Certificates of Occupancy [ ]has changed or received additional building permits.Certificates of Occupancy for these changes are attached or will be furnished [ ]has been the subject of a prior ZBA decision(s),copies are attached List Certificates of Occupancy/Building Permits,and dates of issuance below: Owner Signature COUNTY OF SUFFOLK) s STATE OF NEW YORK) Sworn to before me t ' d y of V,4/- ,20 1,2— (Notary ,2'(Notary Publi ,JACKLANRevised 04/28/2021 NOTA Y PURLF RK NO. 1 QUALIFIED IN NASSAU COUNTY' J{ COMMISSION EXPIRES MAY 18,20 QUESTIONNAIRE VED FOR FILING WITH YOUR ZBA APPLICATIO 12023 A. Is the subject pre mis s listed on the real estate market for sale? Yes k No jZ;oniin:gB:oard of Appeals B. Are there any proposals to change or alter land contours? __k_No Yes please explain on attached sheet. lV C. 1.)Are there areas that contain sand or wetland grasses? f\i 0 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? N 0 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: 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? JV l7 E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? VO 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? f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? A)O If yes,please label the proximity of your lands on your survey. I. Please lis present use or(operations conducted at this parcel C C5 JJ-e'l ee +L�( �� and the proposed use (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspect Town Hall JAN 11 V3 Southold, N.X. CERTIFICATE OF OCCUPANCY Zoning Board of ApPeals No: Z-26892 Date: 01/21/00 THIS CERTIFIES that the building NEW DWELLING Location of Property: 190 PHEASANT PL GREENPORT (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 4 Lot 44.36 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAX 54 1999 pursuant to which Building Permit No. 25831-Z dated JUNE 28, 1999 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH COVERED FRONT PORCH AND ATTACHED TWO CAR GARAGE AS APPLIED FOR. The Certificate is issued to POSILLICO CONST. CO. INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-99-0054 12/29/99 ELECTRICAL CERTIFICATE NO. 32451 01/12/00 PLUMBERS CERTIFICATION DATED 12/29/99 G.A.H. PLUMBING & HEATING Authorized 5ignatur Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector RECEIVED Town Hall 1 2023 Southold, N.Y. SAN 1 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals 10 6 No: Z-34354 Date: 05/14/10 THIS CERTIFIES that the building SCREENED PORCH & DECK Location of Property: 190 PHEASANT PL GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 4 Lot 44.36 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 25, 2009 pursuant to which Building Permit No. 35012-Z dated SEPTEMBER 21, 2009 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 SCREENED PORCH AND DECK ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to WILLIAM F & KIM BOGARDUS (OWNER) of the aforesaid building. suFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 11928 12/11/0 PLUMBERS CERTIFICATION DATED NIA '4 9, Z' th ized Aignature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. JAN 11 CERTIFICATE OF OCCUPANCY of Appeals Zoning 50ard No: Z-34353 Date: 05/17/10 /A THIS CERTIFIES that the building GARAGE Location of Property: 190 PHEASANT PL GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473689 Section 53 Block 4 Lot 44.36 Subdivision Filed Map No. Lot No. ' conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 11, 2009 pursuant to which Building Permit No. 34670-Z dated MAY 11, 2009 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 ACCESSORY THREE CAR GARAGE, NON-HABITABLE AND NON-SLEEPING, AS APPLIED FOR. The certificate is issued to WILLIAM F BOGARDUS & KIM PALERMO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 12769 04/16/10 PLUMBERS CERTIFICATION DATED N/A L /1 Auth ized gnature Rev. 1/81 r act Town of Southold 7/18/2020 y P.O.Box 1179 e 53095 Main Rd Southold,New York 11971 r .CERTIFICATE OF OCCUPANCY RECEIVED /00No. 41269 Da e: If/10W THIS CERTIFIES that the building GENERATOR ��� QoaCd of PApi):Zoe�als Location of Properly: 190 Pheasant P1, Greenport SCTM#: 473889 Sec/Block/L'ot: 53.14-44.36 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/16/2020 pursuant to which Building Permit No. 44833 dated 6/4/2020 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: accesspa generator as applied for. The certificate is issued to Greenport W Holdings Inc f of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 44833 7/13/2020 PLUMBERS CERTIFICATION DATED uthoriz ignature AGRICULTURAL DATA STATEMENT REC ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JAN WHEN TO USE THIS FORM: This form must be completed by the applicant for;rmentoffPIZ ecial use site plan approval, use variance,area variance or subdivision approval on property �fff district OR within 500 feet of a farm operation located in an agricultural district: Al applications requiring an agricultural data statement must be referred to the Suffolk County Deanning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: R-0,66-+ I 2. Address of Applicant: 19 0 &-L C V, r 3. Name of Land Owner(if other than Appl'c nt): 4. Address of Land Owner: S ,Gt t r C`e� �Of ��• r S~' L/ 5. Description of Proposed Project: d of! 6. Location of Property:(road and T x map ,{ a number) z3 7 @•, 5 e--r W ►* 7. Is the parcel within 500 feet of a farm operation? { } es X No 8. Is this parcel actively farmed? { } Yes a No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date :�� Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their faun 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. AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. q YOUR NAME: IKJ � -W (Last name,first name,dtiddle initial,unless you are applying in t e 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) REGI WED Tax grievance Building Permit JqN 1 12023 Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring 9 Board of Appeals Other(activity) Planning 156 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 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 of��lrL��,20 Signature T Print Name A , 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: ?fie, p S_Lk (Last name,first name,middle i itia,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) RECEIVED Tax grievance Building Permit Variance Trustee Permit AN 11 2023 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) 59F e , IE,4c jiC,.l �1n�n� Planning oard 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,P*I which the town officer or employee has even a partial ownership of(or employment by)a corporation in ich 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 7 day of 4 ,20 _ Signature Print Name Board of ZoriUm Anneals AP inlieation AUTHORMA:TION (Where the Applicant is not the Owner) c� I residing at g oe�•� �• I (Print property own, ' n e) (Mailin Address) rCepl P do hereby authorize (Agent) C1Ir. to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner' Signa (Print Owner's N . . t, 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 1 1 ED Lletion CEIVED Part 1-Project Information. The applicant or project sponsor is responsible for the comrt ses become part of the application for approval or funding,are subject to public review,and may b .r Wtion. Complete Part 1 based on information currently available. If additional research or investigatineeded to fully respond to any item,please answer as thoroughly as possible based on current information. Board of Appeals Complete all items in Part 1. You may also provide any additional information which you belie e y 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): _l _11 ° ?V1EASa:.IT 'F A(Z -Sou 5 ilk e' ?AEk'Sattr R- kcz o Aqe LPST 1� Brief Description of Proposed Action: CAc-T� 7 1 or A 5z.-6g � i AsSotci k?"-rf-Axw �`� �s-�" �- Name of Applicant or Sponsor: Telephone: I`3�1Z i f� ►-la�Z1 E-Mail: A Dgo7ZI E Aoi. Gk, Address: og� 05A �IAG� City/PO: State,,: II Zip Code: Smrr4ouL 0 > --r toi,4 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 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? D -q,(n4,7 acres b.Total acreage to be physically disturbed? -a acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0. 057 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YE N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YE landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of tf.e proposcgEtEIVED c.Are any pedestrian accommodations or bicycle routes available on c r near site h pr po action 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features a nd technologies: / Zoning Board Of APPPals 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: b/ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 14F.W 5 P4 V. 9%aCJz+a-e 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 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: 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 Vsuburban gricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 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? NOI YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or cl&eJ NO YES solid waste management facility? / If Yes,describe: RECEIVED 20.Has the site of the proposed action or an adjoining property been the s ibject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: Zoning Board of Appeals I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE l Applicant/sponsorname: 1 � <� 0�7- Date: Zv`� 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?" 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 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential fors tori form, cumulative impacts. RECEIVED JAN 112023 Zoning Board of Appeals ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FO RECEIVED A. INSTRUCTIONS .SAN i 1202 1. All applicants for permits* including Town of Southold agencie ' shall complete this CC . for proposed actions that are subject to the Town of Southold Waterfro Q@IW§tew This assessment is intended to supplement other information used by t olii a e cy in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained,in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# S S -0_- 4A .7: � The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 1E 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: G�N�T JcJ►—tai afE 4CCCS-5QLQJ ARQw71-11ItA A 0Z) �ct,n lgt� Location of action: 1010 14 f 5A PJ Ci-j Site acreage: Q RECEIVED Present land use: 112023 Present zoning classification: Zoning Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southoid agelicy, die fbHowing information shall be provided: (a) Name of applicant: ?=Q 1`�E VL;T ?Ae'l4-0-VZ1 (b) Mailing address: Igo ?N4EAS A-[" (:,a4 � `r�� l� �U9 4 4 (c) Telephone number: Area Code( (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No i If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No iNot Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—;rNotcies Pages 3 through 6 for evaluation criteria Yes E] No Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes Q No 4 Not Applicable RECEIVED Zoping Beard ef Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria E] Yes El No 2fNotApplicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 11 No YfNot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes Q No 19 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. SeeWRP on — 'cies Pages 32 through 34 for evaluation criteria. IVED ❑ Yes ❑ No 9 Not Applicable JAN Y 12023 [Zoning Board of q e alss All Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeF_1 No V Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No 4Not Applicable RECEIVED Attach additional sheets if necessary Zoning Board of Appeals Policy 11. Promote sustainable use of living marine resources in Long is Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 19 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No 9Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No 9 Not Applicable Created on 512510511:20 AM To whom may concern: I Robert Pagnozzi do not qualify for the NYS Star exemption and receive no benefits from this program. I am also the only member of Greenport W. Holdings Inc. There are no partners or other members. 190 Pheasant Place Greenport N.Y. 11944 will be used as primary dw residence. Thank you UV Robert Pagnozzi RECEIVED JAN 112023 Zoning Board of Appeals 1 )D2 2-0" aQas Ab BRUSCA LNNotarY Public-State of New York NO.O1BR6242032 alified in Queens County mission Expires May 31, 2023 Sakarellos, Elizabeth RECEIVED 7Zoning From: ROBERT PAGNOZZI <rpagnozzi@aol.com> S� Sent: Saturday,April 8, 2023 9:00 PM To: Sakarellos, Elizabeth d of Appeals Cc: Fuentes, Kim Subject: zba meeting April 6th Question about Star exemtion 190 Pheasant Place Attachments: scan.pdf To the ZBA The other day on April 6th at my zoning board meeting a question was asked why I was not eligible to recieve the Star program for the State of NY.Enclosed is a copy of the list to qualify. I would like to put into my file.To qualify my home must not be under a company name,a partnership or a LLC.My home located at 190 Pheasant is under a company Greenport w.Holdings Inc.and for this reason I do not qualify.I would like to thank the board for their time the other day and i hope this answers any unanswered questions. Thank you Robert Pagnozzi 190 Pheasant Place Greenport NY. ATTENTION:This email came from an external source.Do not open attachments or click on links from unknown senders or unexpected emails. 1 f 1 STAR eligibility Eligible types of property RECEIVED . houses APR 1.0 2023 —l'1�c sus . condominiums [Zoning Board of Appeals . cooperative apartments . manufactured homes . farm houses . mixed-use properties, including apartment buildings(but only the owner-occupied portion) Eligible homeowners This table scrolls horizontally. Requirements for Basic and Enhanced STAR Factor Basic STAR Enhanced STAR Residency The property must be 1he primary The property must be the primary residence of at residence of an owner. least one age-eligible owner. Age ; No age restriction j 65 or older j I, i 1 i All owners must be at least age 65 as of December 31 of the year of the exemption, except where the property is jointly owned by only a married couple or only siblings, in which case only one owner needs to meet the age requirement. Surviving spouses may be eligible to retain the Enhanced STAR benefit. See Surviving spouse eligibility." Income*** $500,000 or less for tt a STAR credit For 2022 benefits: $92,000 or less $250,000 or less fort a STAR For 2023 benefits: $93,200 or less exemption The income limit applies to the combined incomes The income limit applies to the of all owners(residents and non-residents),and any combined incomes of only the owners owner's spouse who resides at the property. and owners' spouses who reside at the property. `I 3 r' s Ownership The property, must be c wned by the eligible applicant(s). A married couple can r ceive only one STAR benefit regardless of how many properties they own, unless they are legally separated. Purchaser(s) in possession of the home under an executory contract of sale(aka land contract) are considered owners s). f Corporations, partnerships, and LLCs are not eligible unless it Is a farm dwelling. * Determining your primary residence Some factors that help determine whether a property is your primary residence include: • voting, RECEIVED • vehicle registrations, and APR 10 2023 . length of time spent each year c n the property. Zoning Board of Appeals The Tax Department may also request proof of residency. ** Surviving spouse eligibility Normally,to be eligible for Enhanced STAR, all of the property owners must be at least 65 years of age. However,when property is jointly own ad by a married couple, only one spouse needs to be at least 65 years of age. A surviving spouse can retain an exist! g Enhanced STAR benefit that had been granted to an age-eligible spouse if the surviving spouse is at least 62 years of age by December 31 in the year that their age-eligible spouse passed away. Otherwise,the s irviving spouse may apply for Enhanced STAR in the year in which they turn 65. Until then,they may receive tt e Basic STAR benefit as long as they are otherwise eligible. *** Income eligibility • Income eligibility for the 2022 STAR credit is based on federal or state income tax return information from the 2020 tax year. • Income eligibility for the 2023 STAR credit is based on federal or state income tax return information from the 2021 tax year. Income for STAR purposes Income means federal adjusted gross 'ncome minus the taxable amount of total distributions from IRAs (individual retirement accounts and individual retirement annuities). r To determine your income eligibility, use the table below to identify line references on your federal or state income tax returns: . for the 2022 STAR benefit, referto 2020 income tax form. RECEIVE® . for the 2023 STAR benefit, referto 2029 income tax form APR 10 2Q23 ��� rSC- This table scrolls horizontally. [Zoning Board of Appeals How to calculate your income for STAR Income for STAR purposes Form number Title of Income tax form I 2020 Income tax form 2021 income tax form Federal Form 1040 U.S. Individual Income Tax Adjusted gross income Adjusted gross income Return (line 11) minus taxable (line 11) minus taxable portion of IRA - portion of IRA distributions (line 4b) distributions (line 4b) NYS Form IT-201 — Resident Incor ie Tax Return Federal adjusted gross Federal adjusted gross income(line 19) minus income(line 19) minus taxable portion of IRA taxable portion of IRA distributions(line 9) distributions(line 9) i Special eligibility rules Nursing home residents If you own your home,you're eligible or Basic or Enhanced STAR, as long as no one other than the co-owner or spouse resides there. Trusts If you're a trust beneficiary who conv yed your home to trustees but continues to live in the home,you get the STAR benefit. For example, a senior creates a trust and conveys her home to her children as trustees. If she remains in the home as the beneficia of the trust, she is considered the homeowner and gets the STAR benefit. Life estates Under a life estate, one party has a lif tenancy(ownership for the rest of his or her life)and another party—the remainderman—will become the owner after the life tenant dies.While the deed may appear to convey ownership to the remainderman,the remainderman will not take title until the death of the life tenant. Therefore,for exemption purposes,the life tenant is deemed to own the property, and STAR eligibility is based on the life tenant's qualifications. o Witness Acknowledgment m I/We as witness es to the aforementioned claims made b Vt/ r0- -%uZ nd acknowledge their residency status. . 19 TL)S� Witness SignaturJJ44 A,L Date LA- RECEIVED Print Name�4 GAI,A!l.L, SAN 1 12023 Zoning Board of Witness Signatur e Xa-Z APAeals Print Name Notary Acknowledgment A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State ofkut.—, `' County of O'�e er-- - )- Lo?^' /,, 4/-/—/:/,, 2- r I On 7 , before me, , Notary Public, personally appeared who proved to me on the basic of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of in the State of that the foregoing paragraph is true corr ct. �� WITNESS my hand and official seal. JACK GRO S NOTARY PUBLIC, OF NEW YORK NO.0 6206411 Signature OUALIFIE N NASSAU COUNTY Print N me � Place Notary Seal Above COMMISSION EXPIRES MAY 18,20_i'> AFFIDAVIT OF RESIDENCE RECEIVED &'e Name `� o�c r�o`zi i SAN 12023 Street Address l? � GGA of App eats City, State Board-zoning Zip Date- To Whom This May Concern, I, PO 6--4 PCL 1A iLV, formally acknowledge living at the street address of /5,0 P AeR A.,� 61 " City of G _�6 e%4- , State of since 201_0. I have attached the following documents for your consideration: o/6 L C rx 4r 1", t 1 h SLerg-aet- b, f Furthermore, I swear and affirm under penalty of perjury that the facts set forth in this statement are true and accurate. Sincerely, �nr1���,�r��•iL. � � �_ /jam�, w r Alk ir - �1 •\,+`fid! • '"�'• ,.reg ,�i,�,., - � �� j ,ff I-RM5 . c lid/' q 'k, •"\ S• +f 1 �.i}�Il:i �"I 'CM X Y F. ^• ' •Y:4-' xw Y .�Sz" y � i,�'�" {..;�.r•{yTA e Y ,,. .r}'" �1.'�•..es J+_ - :'""+ moi;, � .��+"�x ! •��-,ir alp. �r u.v� ,w.- hid�,�- < t` '�Sai. w - ...;�.y,r+• �• h `� ,��' � .S�i1n..-.. ,+rte;�'-`f�^. •r � Y '" '..�r-���FS *' - - ... t`_. - -,w t ?� •... K •. 1.t..�, •+c `+- '�,' if.-. - -^. „� s, i 'fir' s- ' { � L't� _i, fF.,` ''.i:•.y'S�"yl �y :.'s �i.'•.� .� ` .u.*fo x _`�.*' r �- 1 yL r. ��z�_y�N,1•� v�;ys?•��,� ,�,�:• __'�v. -,5�- • - .. tiny"' � ?:.�: `r. ,,V �F jf..:,�'`'.��- � t��I �., y ;'�A *• ' 1 �t :. f.�'T f r +W`'='°},.YJ'-^.��• :{-a _ 'a .1+5: 1 a,i•"� i. f' s•:,I \C -•yi.,4,`}�., �L*- *k .•.r�,.4v� '`L �`Aw1�.:.,, �{j. Y I.r- �' . ._j,1: '�R�.Rr.1 !.,,.�y���4 1_ F4 'A -.4. � ''' i{/.'E` l,S ,y�•+;, %7V _' �+ w"�i T ij` '.S��j�. •" L • 1 `�L� i'i sL:S-�'-s�if - 4Y 'tGY"1� ,. tiL' - _.-• � i r.r�., _.. r .. -/S - CHARLES W. KUEHN P. 0. Box •. Northport, • : ::j:j(aj cwkarchitect ig RECEIVED Tel: (631) 4i (631) 262-8541 190 Pheasent Lane- Photos JAN 112023 4.1 for- � so CHARLES W. KUEHN ARCHITECT (GI� P. O. Box 641 Northport,NY 11768 :REEIVED cwkarchitect@gmail.com Tel: (631) 262-8540 12023Fax: (631) 262-8541 190 Pheasent Lane- Photos Zonin �, 1� _,esus w 4 IIIVIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIII VIII ILII IIII IIII RECEIVED SUFFOLK COUNTY CLERK JAN 112023 RECORDS OFFICE RECORDING PAGE Zoning Board of Appeals Type of Instrument: DEED Recorded: 03/12/2020 Number of Pages : 4 At: 10 : 48 : 45 AM Receipt Number : 20-0047286 TRANSFER TAX NUMBER: 19-23888 LIBER: D00013051 PAGE : 950 District: Section: Block: Lot: 1000 053 . 00 04 . 00 044 . 036 EXAMINED AND CHARGED AS FOLLOWS . Deed Amount: $650 , 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 .00 NO EA-CTY $5 . 00 NO EA-STATE $125 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Transfer tax $2 , 600 . 00 NO Comm.Pres $10 ,000 . 00 NO Fees Paid $12 , 995 . 00 TRANSFER TAX NUMBER: 19-23888 THIS PAGE IS A PART OF THE INSTRUMENT l THIS ISNOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 J Number of pages / This document will be public ' record. Please remove all ,, Social Security Numbers priorto recording. RECEIVED Deed/Mortgage Instrument Deed/Mortgage Tax Stamp I ecordindANirt ItTM I 3 'FEES PaFilingi Mortga Page/ 9 Fee �d e . C o PpealS — Am i. Basic Tax _ Handling 20. 00 2.Additional Tax TP-584 Sub Total Notation -�� Spec./Assit. EA-5217(County) — Sub Total U or Spec./Add. EA-5217(State) TUT. MTG.TAX _ R.P.T.S.A. _ `QJ, Dual Town Dual County_ �~ `f Held for Appointment Comm.of Ed. Transfer Tax _ �v D O u N _ Affidavit _ nFpe'' Mansion Tax Certified Copy _ The property covered by this mortgage is NYS Surcharge 1S.'oo Sub Total i! �� or will be improved by a one or two family dwelling only. Other _ Grand Total 1 YES or NO If NO,see appropriate tax clause on' _)15 pae# of this instrument. r a 3 cE (1 4 20007849 1000 05300 0400 044036 ,44.036 5 Community Preservation Fund Real P T IIIIIIIIIIIII Consideration Ainount$ <,.O-Z Tax Se R DTY A IIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIII Agen 01-MAR-2 CP ax Due $ Verifici 6 Satibiaczions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land Jack Grossman, Esq. 163-09 Northern Blvd. D Flushing, NY 11.358 D D Mail to: Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 320 Center Drive, Riverhead, NYsigos Co.Name www.suffolkcountyny.gov/clerk NORTHEAST TITLE SERVICES LLC Title# NETS-10503-19 8 Suffolk County Recording & Endorsement F'a'ge This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) KIM S. PALERMO-BOGARDUS The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD GREENPORT W. HOLDINGS INC. In the VILLAGE Or HAMLET of .GREENPORT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 / CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER A < PURCHASER BEFORE SIGNING. THIS INDENTURE, made the 7 day of January 2020 ' ' ' RECE.IV'E between JAN 2023 KIM S.PALERMO-BOGARDUS,as surviving joint tenantwith righ of survivorship of WILLIAM F.BOGARDUS,who died a resident of St.Lawrence on 11/24/20 8 l tS f,kawrenc County, Surrogates No.2019-53108,residing at 303 Gouverneur Street,Morris o 66 4)6 party of the first part,and GREENPORT W.HOLDINGS INC. having its principal place of business at 44 Country Club Drive,Port Washington,NY 11050 party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport,Town of Southold,County of Suffolk and State of New York. SEE SCHEDULE `A' ATTACHED HERETO AND MADE A PART HEREOF i Being and intended to be the same premises conveyed to the party of the first part by deed in Liber 12022 page 701. TOGETHER with all right,title and interest, if any, of the party of the first_part in and to any streets and roads abutting the above described premises to the center lines thereof, v TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs-or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ' 9 KIM .PA ERMO-BOGARD NYSBA Residential Real Estate Forms on HotDoes'(9/00) Copyright Capsoft"3 Development -I- AmTrust Title Insurance Company Title Number: NETS-10503-19 Page 1 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamoa ue in the Town of Southold, County of Suffolk and State of New York, known andesignasIVE® and by Lot No. 34 as shown on a certain map entitled, "Map of August Ac 's,s, Sec i `'�' and filed in the Office of the Clerk of the County of Suffolk on June 3, 199 , as Mj�Nq 12023 9107, bounded and described as follows: 1 i' BEGINNING at a point on the Southeasterly side of Pheasant Place, a te2Wa1la9CP--,,Vfd of Appeeis 165.00 feet Southwesterly from the extreme Westerly end of an arc of th GI.P,Q which. connects the Southwesterly side of August Lane with the Southeasterly side of Pheasant Place; RUNNING THENCE South 31 degrees 32 minutes 30 seconds East, 335.76 feet; THENCE South 60 degrees 00 minutes 00 seconds West, 100.00 feet; THENCE North 43 degrees 09 minutes 40 seconds West, 306.11 feet to the Southeasterly side of Pheasant Place; THENCE along the Southeasterly part of Pheasant Place North 46 degrees 50 minutes 20 seconds East, 165.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: Said premises being more commonly known and designated by the street address 190 Pheasant Place, Greenport, New York; tax map designation District 1000 Section 053.00 Block 04.00 Lot 044.036. 1 STATE OF NEW YORK ) ss.: COUNTY OF On the `7 day of , in the year 202Q before me,the undersigned personally appeared Kim S. Palermo-Bogardus,p.e onally known to me or proved to me on the basis of satisfactory evidence to be the individual whose-name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. - RECEIVED r JAN 112023 C L (1 '�L 2,_ 6 C C L. NOTARY PUBLIC Zoning Board of Appeals t Carol A.Peacock /►��/ Notary Public,State of New York No.o1PE6163893 oualifted in St.Lawrenc Commission Expires DEED Title No. A)L r ti (ISection 053.00 Block 04.00 PALERMO-BOGARDUS Lot 044.036 County or Town SUFFOLK To GREENPORT W. HOLDINGS INC. Return By Mail To: Jack Grossman,Esq. 163-09 Northern Blvd. Flushing,NY 11358 Reserve This Space For Use Of Recording Office NYSBA Residential Real Estate Forms on HotDocs'(9/00) Copyright Capsoft''Development -2- { a vm TOWN OF SOUTHOLD PROPERTY RE OWNER STREET (> VILLAGE DIST. SUB. LOT vAccesVic: ACR. REMARKS TYPE OF BLD. �e !C� PROP. CLAS. sw j LAND IMP. TOTAL DATE - _ Lf — lei $ !20z z-11 lea all l :nre laa Ef 3 0 0 z 4e r k boo 6 '- ' t -1. _ S6- l ✓ k SCca ver ! : ' Ire2 tri e k a h V A A e MA azo Pq2. 1500 *A 0 0 G 1 C0 d 1 t� �'� � ���'�? � �/�`�= 'VIV 193 3 -GC41 r + 1- 5000 S d 3 ( �e1+4 4 krg t Ln a o W Q FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND If BULKHEAD HOUSE/LOT `"' TOTAL d '" i t y N°R t ■■■■■■MEN■5■■JI■■■■■� ■■■■■■■■■i■■■ ! ■■ ■ ■■■ORRIUMIN■EMIMMEM MEN ■■ I ■■■■ ROMMIN MEMO■I■ ONE■■■■■■■■■ solo■■■ MEN ONE ■■ ■ •• , w•T • • • ��IIIIII� ® Basement Floors Ext. Walls' •, Interior Heat • Fire Place pp Woodstove •• �• r Dormer Drivewa T a ZBA CHECK FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 1/9/2023 Filipkowski, Karol 7759 $750.00 10418 1/17/2023 1/10/2023 North Fork Discoveries LLC 7760SE $2,400.00 1002 1/17/2023 1/11/2023 Pagnozzi, Robert 7761SE $1,000.00 11071 1/17/2023 $4,150.00 RECEIVED JAN 1 8 2023 Southold Tern CIevk vn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/18/23 Receipt#: 307777 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7761 SE $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#1107 $1,000.00 Kuehn, Charles Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kuehn, Charles 15 Avenue B Northport, NY 11768 Clerk ID: SABRINA Internal ID:7761SE 6D DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES :AND DENS DECLARANT: POSILLICO CONSTRUCTION` COMPANY,, INC. 31 Tennyson Avenue Westbury, NY 11590 DATE OF DECLARATION: CERTILMAN BALIN ADLER i SYMAN Attorneys for Developer 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT "D" TABLE OF CONTENTS ` Page ARTICLEI. DEFINITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION. . . . . 3 Section 1. Properties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THEASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES. . . . . . . . 3 Section 1. Members' Easement of Enjoyment .. . . .. ..: . . . . 3 Section 2. Extent of Members' Easements. . . . . . . . . . . . . 3 ARTICLE V. DEVELOPMENT OF AUGUST ACRES. . . . . . . . . . . . . . 4 Section 1. August Acres. . . . . . . . . . .:. .:. ,;. . ... . . . Section 2. Reservation of Easements. . . . . . . . . . . . . . . . . 4 Section 3 . Encroachments on Lots. . . . . . . . . . . . . . . . . . . . 4 ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENTS. . . . . 5 Section 1. Creation of the Lien and Personal Obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 2. Purpose of the Assessment. . . . . . . . . . . . . . . . 5 Section 3. Assessments. . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4. Due Dates; Duties of the Board of Directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5. Effect of Non-Payment of Assessment, The Personal Obligation of the Member; The Lien, Remedies of the Association. . . . 6 , ARTICLEVII. INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE VIII. USE OF PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE IX. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . 8 Section 1. Beneficiaries of Easements, Rights and Privileges. . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 2. Duration and Amendment. . . . . . . . . . . . . . . . . .. 8 Section 3. Disposition of Assets Upon Dissolution of Association. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . 8 Section 4. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 5. Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 EXHIBITA Property Description. . . . . . . . . . . . . . . . . . . . . EXHIBIT B By-Laws of Home Owners Association. . . . . . . i �v DECLARATION OF COVENANTSp RESTRICTIONS EASEMENTS. CHARGES AND LIENS Declaration made as of.this day of 1992, by Posillico Construction Company Inc. , - a corporation organized and existing under the laws of the State of New York, whose principal office is situated at 31 Tennyson Avenue, Westbury, New York, hereinafter referred to as the "Developer". W I T N E 8 S E T H: WHEREAS, Developer is the owner of the"real property described in Article II of this Declaration which the Developer its successors or assigns desires to develop as a residential community with a natural and beach area (the "Common Area") for the benefit of said Community; "and WHEREAS, Developer desires to provide for the preservation of the values and amenities in said Community and for the maintenance of the- Common Area; and, to this end, desires to subject the real property described in Article II to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said Community to create an agency to which should be delegated and assigned the powers of maintaining and administering the Common Area and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated August Acres Homeowner's Association, Inc. under the not-for-profit corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. i `" 1 ARTIOLB T. DEFINITION& The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have ,the meanings set forth below: (a) "Association" shall mean , and refer to August Acres Homeowner's Association, Inc. , a New York Not-for-Profit corporation. (b) "The Properties" shall mean and refer to all such existing properties as are subject to this Declaration. (c) "Home" shall mean and refer to all units of residential housing situated upon The Properties. (d) "Owner" shall mean and refer to the record owner of fee simple title to any Home, including the Developer with respect to any unsold Home. Every Home Owner shall be treated for all purposes as a single owner, for each Home held, irrespective of whether such ownership is joint, in common or tenancy by the- entirety. Where such ownership is joint, in common or tenancy by the entirety, a majority vote of such owners shall be necessary to cast any vote 'to which such owners are entitled and not more than one vote may be cast with respect to any such home. (e) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article III. (f) "Development" shall mean August Acres, consisting of thirty-six (36) building Lots (the "Lots") upon which the Developer, his successors and assigns has the right to construct single family homes on each Lot on The Properties. (g) "Developer" shall mean and refer to ,Posillico Construction Company Inc. , a New York general corporation and. its successors and assigns, if such successors and assigns should acquire and undeveloped or a developed but unsold portion of the Properties from the Developer for the purpose of development or sale. (h) "Common Area or Common Properties" shall mean and refer, to the natural and beach area located in the Properties to be owned and maintained by the Association, and intended to be devoted to the common use of the owners of the Properties. (i) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the plot plan of the Properties. 2 ARTICLE =I. PROPERTY SUBJECT TO TRTS: DECLARATTON. Section 1., Properties.. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land' situate, lying and being in Arshamomaque, Town of Southold, Suffolk County, State of New York, being more particularly bounded and described in Exhibit "A" annexed hereto. ARTICLE 1.11 -. MEMBERSHIP AND VOTING RIGHTS: 3N THE -ASSOCIATION The Association shall have one class of membership interest. The owner of each Home on The Properties subject to this Declaration shall be a member. Each member is entitled to one vote. When more than one person or entity holds such interest in any Home, the one vote attributable to such Home shall . be exercised as such persons mutually determine and not more than one vote may be cast with respect to any, such Home. For purposes of this section the word "Home" shall have the same meaning as "Lot" and' therefore if there is no Home Constructed on a particular Lot in the Development, the owner of such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. f JamrCLE ay. PROPERTY RIGHTS IN THE -PRCPERT.I8f3 Section :1. Members' Ease'men't .of Enjoyment. Subject to the provisions of Section 2, every Member shall have a right and easement of enjoyment in and to the Common Area and such easement,- shall asement;shall be appurtenant to and shall pass with the title to every' Home. 9ectioh. 2`: Extent of Members': Easements:. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to dedicate or transfer all or any part of the Common Area, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as. to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast sixty-six and two-third (66-2/3%) percent of the votes has been recorded agreeing to such dedication, transfer, purpose or condition and unless written notice of 3 56 the action is sent to every Member at least ninety (90) days in advance of any action taken. (b) A right-of-way and easement to the Association in, ' through, under, over and across the Common Area for maintenance and inspection. (c) The right of the Developer and of the Association to grant and reserve easements anc ',r3ghts-ofyway, in., through, under, over and across the Properties., for the installation, maintenance and inspection of. lines: aindappurtenances for public or private water, sewer, gas, drainage, cable television and other utilities, and - the right of the Developer to grant and reserve easements and rights-of-way, in, through, under, over, upon and :acr..oss the Properties for the completion of the Developer's work under Section 1 of Article V. A'RTrdtH VU, :bEDELOPMENT QF: .AUGUST ACRES August Acres. Developer has the .r.ight to build thirty-six (36) s_ ngle family Homes on the� Lots: in the Development totalling approximately 43.5 acres ok Land located- on the Properties. Sectiou. 2... Reservation of Eatibmeiits. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under and across the Properties, for the purpose of completing its work under Section 1 above and towards this end, reserves the right to grant and reserve easements and rights-of- way in, through, under, over and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public. or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, sewers and drainage lines which may from time to time be in or along the streets and roads of other areas of the Properties., Ili addition., Developer and any Selling Agent retained by Developer reserves the right to continue to use the Properties and ang ,sales offices, model homes, unsold Homes, signs, and Arkin p . g spaces located on the Properties in its efforts to market homes constructed on the Properties. Section 3. EncroacbJuehts on Lots. In the event that any portion of :any. fence; roadway, walkway,. :driveway,. water lines, . sewer limes, utility lines:, or any other structure, as originally ` constructed by Declarant., encroaches on any,. Lot or the Common Areas, it shall be deemed that the Owner of such Lot or the Association has granted a perpetual easement to the Owner of the adjoining Lot or the Association, as the case may be, for . .. 4 continuing maintenance and use of such encroaching fence, roadway, ,- . walkway, driveway, water line, sewer line, utility line, or structure. The foregoing shall also apply to any replacements of any such fence, roadway, walkway, driveway, water line, sewer line, utility line, or structure if same are constructed in substantial conformance to the original. In the event any Common Area is disturbed by an Owner as a result of repair, maintenance or replacement to any 'of the above which services that Owner's Lot or Any Home constructed thereon, the Owner shall replace the disturbed Common Area to the condition it was in prior to the disturbance. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. ARTICLE' VI: COVENANT FOR:NAINTENANCE ASSE8SMFiVr1j, Section i. Creiatio'n; of the Llen .and personal obligation. The Developer, for -each Home owned by it within the Properties, hereby covenants and each owner of any Home by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such assessments as are fixed by the Association's Board of Directors and assessed to the Members as hereinafter provided. All sums assessed to the Association but unpaid, together with such interest ' thereon as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Member against which each such assessment is ,made. Each such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Owner of such property at the time when the assessment fell due. B_e_cti.on. 2. Putpo.se .of the Assessmen-t. The assessments levied by the Association shall be used exclusively for the purpose of maintenance of the Common Area and all costs related to the maintenance of the beach area, including,• without limit ii. the foregoing, the .payment of taxes (if any) , insurance th?ereon;, and repair, replacement and additions thereto, and the cost of labor, - equipment, materials, services, management and supgrvision thereof.` Section 3. Ass+essMerits. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Member prior to assessing the- Members thereon. The Board shall determine the totalamount required, including. the operational items such as insuraacei repairs, reserves, maintenance and other operating expenses, as well' as .charges. to :cover any deficits fro m :prior years and capital improvements approved by the Board. The total annual. requirements and any supplemental requiroeinettst shall be allocated between, assessed to, and paid by the Members as' follows: 5 Each Member shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Homes on the Properties subject to this Declaration. The Developer's obligation for such assessments on unsold Homes (whether built or unbuilt) subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Area and the assessments levied on owners who have closed title on their homes. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying assessments on unsold Homes. The sum due the Association from each individual Home Owner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute liens on the individual Homes, subject to foreclosure as hereinafter provided. Section 4.*: -Due Dates; Dillies of :the.:B&Ard of Dir.ecbr s,. All Assessments shall be payable annually in advance as ordered by the Board of Directors or by such other means determined by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Home and shall prepare a roster of the Homes and assessments applicable thereto which shall be kept, in the office of the Association and shall be open to inspection by any Member. Upon the- written :request of a Member or his mortgagee, the Board shall. .. promptly furnish 'such Member or his r drtgagee: with a written` t statement of the unpaid charges due from such Member. Seetion. 5.. Effect of. Non.-Payment of Assessment,. 'The Personal. .Obligation bf the: Member; The Lieu, Remedies of the :Assoc- at:i0n,. If an -assessment is not paid on the date when due,' 'as fixed by the Board of Directors, then such assessment shall become' delinquent and shall; together with such interest thereon and cost of, collection thereof as hereinafter provided, thereupon become a . continuing lien on the Member's Home which shall bind such property in the hands of the Member, his heirs, devisees, personal, representatives and assigns. such lien shall be prior to all other liens except: (a) tax or assessment liens on the Home by the . taxing subdivision of any governmental authority, including but not_ limited to state, County, City and school District taxing agencies; . and (b) all sums unpaid on any first mortgage of record encumbering, the Home. The personal obligation of the Member who was the Owner of the Home when the assessment fell due 'to' pay such assessment, however, shall remain his personal obligation £or 'the statutory period and shallnotpass to his sueeessors in title unless expressly assumed by them. 6 Article VIII subsection(g)is hereby deleted in its entirety and replaced with the following;' The following subparagraphs are in addition to any building permits or other approv' required by.tho.,To of-S64thold or any governmental department, agency or unit from-which approvals are required (1) Any ancillary buildings and unattached structures greater than 100 square feet must be constructed on either a concrete foundation or slab; and shall conform in architecture,material and color to the primary residential building and shall be placed further away from the street line than the furthest part of the primary residential building. (2) Any ancillary buildings and unattached structures of 100 square feet or less shall be placed further away from the street line than the furthest part of the primary residential building and shall be appropriately anchored and screened from view by appropriate plantings:or (3) Structures popularly described as-gaz'e-bids-vhdithet,br tot,exCeodin&100 square feet, shall be placed further'away'from the stredline'tw the-,furthest ppropr'i atev part of the primary residential building and shall.be A anchored; but need not necessarily be screened from view. If the assessment is not paid within fifteen (15) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the maximum permissible rate in the State of New York and the Assot'iation may bring an .action at law against the Member or former '. er, personally obligated to pay the same and may foreclose the. lien. against the property. There shall be. added tothe amount of such assessment the: costs of .preparing and filing the complaint 3'.,n 'such. 'action,,. "and 'in the. event. a judgment, is :obta-ined-, such :Jud eht shall ihdlUde­ ,x.n;interest ori:'the assessment as above provided and reasonable attorney's fees to be fixed by the court together with the cost of the action. Akildht_V11* I.NSURANCE The Board of 'Di dtors shall 'maintain public liability . .re insurance, to the extent obtainable, -covering each association Member, lessee and occupant and the managing agent, if any, against liability for any, negligent act of commission or omission attributable to them which occurs on or in the Common Area. All., insurance premiums for such coverage shall be paid for by the' Association. -ARTZOL9 11-1-1. JYSE OF. `PROPERTY' The use of a, Home by; a Member :or othe-r o'coupa-rit sba].l be subject to .;the rules,f regulations 'and pr.ovis-ioiis- of this Declaration,. the By. -Laws' : and'i�ul les' and -1�egp1d#lion�� of: the:Doa-rd.of Directors and the following covenants ovenants and restrictions: (a) Any Member who mortgages or sells his Home shall notify the Board of Directors providing the name and address of his mortgagee or new owner. (b) -The Board of Directors shall, at the request of the mortgagee of the Home, report any delinquent assessments due from the owner of such Home. (c) The maintenance assessments shall be paid when due. Upon the written request of a Member or his mortgagee, the Board of Directors or its designee shall furnish a written, statement of the unpaid charges due from such Member which' shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. (d) The Common Area shall not be obstructed, littered, defaced or misused in any manner. (e) Every member shall be liable for any and all damage to the Common Area which shall be caused by said owner or such other person for whose conduct he is legally responsible. 7 (f) All. single. .fami.ly dwellings shall be 06nstructed with a minimum float ;.quare: _fgbtage of not less ',than. 1,800 square feet,. excluding garages or any other ancillary buildings. The foregoing notwithstanding, the Board of Directors have the right to reduce this minimum square footage by not more than lot for any Lot or Lots that it so chooses. The Board of Directors may also choose to include the basement in the square footage calculations for certain ranch and hi- ranch homes. (g) Any ancillary buildings and unattached structures` must be constructed on either a concrete foundation or slab and shall conform in architecture, material and color to the primary residential building. This is' in addition to any building permits or other approvals required by the Town of Southold or any governmental department, agency or unit from which approvals are required. (h) Modular or prefabricated structures are expressly prohibited unless constructed and/or approved by the Board of Directors. (i) No unregistered motor vehicles are toplaced any where on any Lot unless in a garage or authorized existing structure. No unregistered motor vehicles are to be placed on any roadway in the Development. (j) All fencing must not exceed six (6) feet in height. If the fencing is of stockade variety, the finished side of the' fence shall face outward toward any street or neighboring Lot. Barbed wire is strictly prohibited on any structure. This is in addition to any permits or other approvals or zoning requirements by the Town of Southold or any: governmental department, agency or unit from which approvals are required. (k) Birds as pets are strictly prohibited from being kept outdoors. ARTICLE IX. GENM- AL PROVISIONS` Section I. :Beneficiar es...of Easements, Rights andPriyi1-attes. The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Association and the Owners of Homes constructed on The Properties; and- any Owner may also grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, subject in the case of the Common Properties to the' Rules and Regulations of the Board of Directors, 8 but the -same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. Section> 2. `Durat`ion .and.. :Amendment. The covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any Member, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, until December 31, 2040, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (1.0) years, unless an instrument signed by sixty six and two thirds (66 2/3%) of the , members of the Association has been recorded, agreeing to change said covenants and restrictions in whole or in pant.. Notwith8itanding the foregoing, the easements, licenses, rights and privileges established and created ' with respect to the Properties by Section 2 of Article V shall be perpetual, run with the, land, and shall survive any destruction, reconstruction and relocation bf the physical structure, unless said provision is abrogated by the unanimous written consent of all the Home Owners. Unless specifically prohibited herein, this Declaration may be amended by an instrument ' signed by Members• holding not less than sixty six and two thirds- (66 2/3%) percent of the votes of the membership. Any amendment must be properly, recorded to be effective. : section 3,.. Disposition" of .Assets Upoh Dissolution of Assoc"iatid Upon dissolution of the Association, its real and personal assets, including the common Properties, shall, be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as. those to which they were required to be devoted by the Association. In the event such dedication is 'refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any right or title to any Member vested in him. under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Properties, except as may be otherwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any rights thereunder on account of such disposition. dcti6fi :4:. Notices. Any notice required to be sent to any Member or Owner under the provisions of this. Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. 9 5.- -Administration. The administration of the Association shall be in 'accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attache& hereto as Exhibit "B". 96,dti6m 'Severability. Invalidat-ion, -.of.-% aiiy .of' the covenants,;' _1.imitations -or. .provisions Pf- thio Dddldk'Ation- by juo4me;lt or court order sWill."in: to -Way affect ::any Of :tki -rdifta±ning provisions, hereof. and -the ishall doiltiAdd '111i 'f ill torce. and . . effect. POSILLICO CONSTRUCTION COMPANY INC. B A.NT. HONY *:P..OST) TCO, Vice President 10 S DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this I&1day of December, 2013, by Posillico Construction Co., Inc., presently with offices at at 346 Maple Avenue Suite 12, Westbury Nassau County, New York, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on west side of Kerwin Boulevard, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to subdivide said real property into 4 building lots as shown on the Subdivision Map entitled "Clustered Standard Subdivision of Conkling Point Estates" (hereinafter"Filed Map"), prepared by Jeffery Butler, last dated 12- LS t 3 ; and WHEREAS, for and in consideration of the granting of said subdivision application for tax map parcel numbers SCTM#1000-53-4-44.1 and SCTM# 1000-53-4-44.3, shown on the Filed Map, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. . I Gml��� NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding ` upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision, resulting in additional building lots, to any of the four (4) lots, as shown on the aforesaid Filed Map in perpetuity. No lot lines shall be changed unless authorized by the Town Planning Board. 2. Pursuant to section 240-42 H (1), this standard subdivision contains a total of 5.97 acres of subdivision open space. 4.98 acres of subdivision open space is included as part of lot 1 and is subject to an Open Space Conservation -e c. ilioit�( Easement , filed with the Office of the Suffolk County Clerk Liber 7 and Page 9 S q. The remaining 0.99 acres of subdivision open space is located in SCTM# 1000-53-4-44.3 and is proposed to be dedicated to the Town of Southold. 3. As shown on the Filed Map, a 20 foot by 20 foot drainage easement area entitled, "Grant of Drainage Easement", is located between lots 1 and 2, adjacent to Kerwin Boulevard. This easement is.filed with the Office of the Suffolk County Clerk Liber 107hand Page 9�6 ; and 2 4. Pursuant to Chapter 236 Stormwater Management all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner; 5. The location of structures must be within the building envelopes shown for each lot on the approved map; 6. Constriction of residences on any or all of the lots on the approved map shall include the use of gutters, leaders and subsurface drywells to retain surface runoff; 7. Three street trees (Pin Oak)shall be planted on each (lot one through lot four) adjacent to Kerwin Boulevard. Street trees shall be planted in conformance with Section 161-44 Street Trees, of the Southold Town Code. The proposed street trees established by the Planning Board on the approved Final Plat shall be guaranteed to survive for a period of three years from final acceptance by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense within 60 days. 8. Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 9. Driveways serving the lots on the Filed Map shall be constructed of pervious materials and shall remain pervious into perpetuity. 10. Each of the lots shown on the Filed Map is subject to clearing restrictions as follows: Lot 1: 60% (17,921.25 sq. ft.), Lot 2: 60% (17,921.25 sq. 3 ft.), Lot 3: 60% (17,921.25 sq. ft.) and Lot 4: 60% (17,921.25 sq. ft.) pursuant to Southold Town Code§240-49; 11. The use of synthetic fertilizers, herbicides or pesticides on Lots 1 through 4 is prohibited; 12. The use of native, drought-tolerant and disease resistant plants are required in landscaping said lots; 13. No fertilizers shall be utilized between December 1St and April 1St ; 14. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots; 15. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted; 16. The use of phosphorous containing law fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus; 17. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up; 18. The use of fuel oil storage tanks are prohibited (except those with spill, overfill and corrosion protection requirements in place). The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all 4 I persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the (n�5� Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of"these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5 . i t� The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) L� -" On this 10*4 day of m cg, in the year 2013, before me personally appeared c , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the ins ument. No#ary P bllc JE MMFER ANDAUX No"FubMc,8"of NEW tlorK QuaMf W in Suffolk Cow 6i Commlaelon Mores January 14,20tip 6 • Schedule A Legal Description of"The Clustered Standard Subdivision of Conkling Point Estates"Suffolk County Tax Map No. 1000-53-04-44.1 �p62) ALL that certain plot,piece or parcel of land, situate, lying and.being in Arshamomaque,Town of Southold, County of Suffolk and The State of New York,known and designated as Lot No. 37 on a certain Map entitled"Map ofAugust Acres, Section One�and filed in the Office of the Clerk of Suffolk County on June 3—19911 as Map No. 9107,more particularly bounded and described as follows: BEGINNING at a point formed by the intersection of the southerly line of land now or formerly of The Long Island Railroad(M.T.A.)and the westerly line of Kerwin Boulevard; RUNNING thence South 34 degrees 59 minutes 00 seconds East along the westerly line of Kerwin Boulevard, 872.22 feet to a point at the northeast corner of the recharge basin as shown on above said map; RUNNING thence South 46 degrees 50 minutes 20 seconds West along the northerly line of above said recharge basin, 316.45 feet to a point along the easterly line of land now or formerly of Breezy Shores Community Inc.; RUNNING thence along the easterly line of land now or formerly of Breezy Shores Community Inc. the following two(2) courses and distances: (1) North 43 degrees 09 minutes 40 seconds West, 710.32 feet to a point; (2) North 32 degrees 42 minutes 00 seconds West, 214.26 feet to a point along the southerly line of land now or formerly of The Long Island Railroad(M.T.A.),- RUNNING M.T.A.);RUNNING thence North 55 degrees 00 minutes 36 seconds East along the southerly line of land now or formerly of The Long Island Railroad Inc. 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'�%."C5 1.x9 f• 1 T } 11 IN!{Cllfi►f11:YMa ' �� / e'I %' 'ti:1 n at Ine,.I v.aun lew,'a?n.:. ^•,�' ``� ,, 'Y I :1 .j a1{virL ,� 1":,- •/ I _-. . .d% rt wwPUM1�ea{1k�N5 Ir;J - J`:---�a- I, i1•, :nb a,• 'y +•�.i,S..-:'4,' `•r';.�1-`l•i .. ...,� w"bA % �� 1 �F.1' .�v� !'• , wnnw J-4Wve[• �5' � , 1�.�..-�k.-� _ 4 d• -11 1 -•�-"_"�' .�T_ ':Br;Y.;';i•• ,.,J7. . . / 'Ii 'AMTM�( ' r / I '7•r ,I .- -s: +�-+� . .�.. - I .. t.r' ,'• .A3 u' �` ? i, "� la.�' �z LJI C9 I' cf-,Y!�hl .� t f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,APRIL 6,2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold, New York 11971-0959, on THURSDAY, APRIL 6, 2023: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.- FRITZE FISHERS, LLC#7725—(Adjourned from January 5,2023) Request for a Variance from Article lll,Section 280-14; and the Building Inspector's July 25, 2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at; 1) located less than the code required minimum front yard setback of 60 feet; located at:560 North Hill Road/Crescent Avenue, (adj.to Hay Harbor) Fishers Island, NY.SCTM No. 6-1-4.3. 10:10 A.M.-JOHN RYAN#7753-Request for Variances from Article III,Section 280-15;Article XXII I, Section 280-124;and the Building Inspector's November 18, 2022 Notice of Disapproval based on an application for a permit to demolish an existing accessory shed and construct an accessory in ground swimming pool and an accessory shed, at; 1) construction located in other than the code required rear yard;2) construction more than the code permitted maximum lot coverage of 20%; located at:90 Dawn Drive,Greenport, NY. SCTM No.35-5-11. 10:20 A.M.-NICHOLAS SOURBIS AND KAREN S. LUCIA#7754-Request for Variances from Article III, Section 280-15 and the Building Inspector's December 15,2022 Notice of Disapproval based on an application in conjunction with building permit#46053,to construct an accessory pool house/cabana and to legalize an existing shed, at; 1) pool house located less than the code required minimum side yard setback of 10 feet;2) shed located less than the code required minimum rear yard setback of 10 feet;3)shed located less than the code required minimum side yard setback of 10 feet; located at:200 Green Hill Lane, Greenport,NY.SCTM No.33-3-13. 10:30 A.M.-170 MOORE'S LANE REALTY CORPORATION#7755-Request for Variances from Article XI, Section 280-49 and the Building Inspector's December 8, 2022 Notice of Disapproval based on an application for a permit to construct a storage building, at; 1) located less than the code required minimum f SOUTHOLD TOWN BD OF APPLS 2 i t f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times rear yard setback of 35 feet;2) located less than the code required minimum side yard setback of 25 feet; 3) construction more than the code permitted maximum lot coverage of 30%; located at: 170 Moore's Lane, Greenport, NY.SCTM No.45-7-3. 10:40 A.M.- NORTH ROAD HOTEL, LLC#7756- Request for a Variance from Article XXII,Section 280- 116A(1) and the Building Inspector's November 7,2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing building(in conjunction with BP#48244);at 1) located less than the code required 100 feet from the top of the bluff, located at: 62005 County Road 48 (Adj.to the Long Island Sound), Greenport,NY.SCTM No.40-1-1. 10:50 A.M.-NEIL WILLIAM CURRIE AND KATIE LYNN WATSON#7757-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's December 6, 2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling, construct a single family dwelling, and to legalize an existing shed (under 100 sq.ft.); at 1)dwelling located less than the code required minimum side yard setback of 20 feet;2) dwelling less than the code required minimum rear yard setback of 60 feet; 3)"as built"shed located less than the code required minimum rear yard setback of 15 feet; located at:1175 Champlin Place, Greenport, NY.SCTM No. 34-4-15. 11:00 A.M.-PATRICK BROWNE AND ANN MARIE BROWNE#7758-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 20, 2022 Notice of Disapproval based on an application for a permit to demolish (by Southold Town definition)an existing single family dwelling and construct a new two story single family dwelling, at; 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 1645 Calves Neck Road (Adj.to Town Creek),Southold, NY.SCTM No. 63-7-38. 1:00 P.M.-KAROL FILIPKOWSKI#7759- Request for a Variance from Article III, Section 280-15; and the Building Inspector's November 7, 2022 Notice of Disapproval based on an application for a permit to construct`an accessory building; at 1) located in other than the code permitted rear yard; located at:450 Dick's Point Road,Cutchogue, NY.SCTM No. 110-5-22. 1:10 P.M.JENNIFER LAMAINA AND KARYN COOPER/NORTH FORK DISCOVERIES, LLC.#7760SEApplicant requests a Special Exception under Article III,Section 280-13B(4)to establish and operate a Nursery School/Childcare/Early Learning; at: 31095 Main Road, Cutchogue, NY. SCTM#1000-102-2-24.1. 1:20 P.M.-ROBERT PAG NOZZI/GREEN PORT W. HOLDINGS, INC.#7761SE-Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner of subject property requesting, authorization to establish an Accessory Apartment in an existing accessory structure; at: 190 Pheasant Place,Greenport, NY.SCTM#1000-53-4-44.36. 1:30 P.M.-VERONICA GONZALEZ#7767- Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 20, 2023 Notice of Disapproval based on an application for a permit to j SOUTHOLD TOWN BD OF APPLS 3 r f9b08574-4241-45d0-ac9a-7e916f1546fb I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard; located at: 285 Oyster Ponds Lane,Orient, NY.SCTM No.25-1-7. 1:40 P.M.—1280 COREY CREEK, LLC#7774- Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's November 18, 2022,Amended January 23,2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two story single family dwelling at; 1) located less than the code required minimum front yard setback of 40 feet; located at: 1280 Corey Creek Lane, (adj. to Corey Creek)Southold, NY.SCTM No. 78-4-17. 1:50 P.M.—PECONIC COMMUNITY SCHOOL#7775SE-Applicant requests a Special Exception under Article III,Section 280-13B(3)to establish and operate a private school for elementary and middle school age children;at:27835 Main Road, Cutchogue, NY, SCTM#1000-102-1-18.1. 2:00 P.M.—JOHN COSENZA#7780- Request for a Variance from Article XXIII,Section 280-116A(1)and the Building Inspector's January 6, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1700 Hyatt Road, (Adj. Long Island Sound),Southold, NY.SCTM No.50-1-5. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http-.H24.38.28.228:2040/weblink/B rowse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809,or by email: kimf@southoldtownny.gov. Dated: March 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By:Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road, P.O. Box 1179 (Mailing/USPS) Southold, NY 11971-0959 i I I I I 4 SOUTHOLD TOWN BD OF APPLS I I v f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, �I County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: March 30,2023 , This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such, is eligible to publish such notices. r Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This 05 day of April 2023 14e NotarySig ture MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No. 01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 Notary Fumic Stamp i SOUTHOLD TOWN BD OF APPLS 1 i i i I BOARD MEMBERS _ Southold Town Hall Leslie Kanes Weisman, Chairperson �QF so 53095 53095 Main Road•P.O. Box 1179 Patricia Acampora ��� alp Southold,NY 11971-0959 Eric Dantes #c [ Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �l �O 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 6, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 6, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 1:20 P.M. - ROBERT PAGNOZZI/GREENPORT W. HOLDINGS, INC. #7761SE -Applicant. requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 190 Pheasant Place, Greenport, NY. SCTM#1000- 53-4-44.36. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: March 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 CC\! 41, ^u �4 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS 4 DATE: March 6, 2023 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the April 6, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than March 30,'2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of Your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow,"and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by March 30, 2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing / Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return ReceiA the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by March 20,2023. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtowymy.gov or elizabeth.sakarellos(cr�,town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 > 2021 http://southoldtownnyaov/DocuinentCenterNiew/8779/FinalRo112021-Amended #IMPORTANT INSTRUCTIONS: a Scan and'-email the,USPS mailing receipts, green signature cards and affidavits to ikimf(a),southoldtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS to Ithe Town of Southold, ZBA, P.O. Box 1179, Southold,NY 11971'. - Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant x 3' Laserfiche Instruction's' for 1�1 Zoning Board of Appeals Records IDY :;nc�•.-naLrt:! irrtil:..s Visi�iu� }i�,<.c Du t.. .iTi' .. ��.,�.. - :,�, i: s..e'. ;.... �i r:�1:'�St:' i%r E9.C.••*'a;-"•,'��,;.,'1 .' :5:�'•:^}ri" - ,{ :YIY'...:.✓. GUa �.h .''rv• -4 -r�:ti.:u+`�'6+Yti;i• Icy r \j' �Y' v rte. '.t,"i ,v�•!J.'.-:+''fL`�•:.pyt�y r 7y�.. hI'^lf'��e..�..°F5=,..., ' . .S a},4i'.i ri''�3. t .Jt. '{� �. alJ a.�'�r ">4 p���(��'yr..•.�:.rr.k:i♦,;,°��! � �§ I .'Y't / ft.'t y:'1^;:•t,,? T. .j ta.u�'tv 79d %:=••.�7� .� 'y' :.y»::iaa",3t'%t. .v rf.�f`, r •L� 1 L �Y { PIC f','-,; ^. }• t��: � -� "x{ S1i L 1.�,'trn:; �F �7rJ,l•'�:t ,�, 811 I}I ' ". r '.:i '11''3`•. '� � '.t*' :, •'F- ;11��/\ 1 _! .. Notify Meg Maps Agendas&'•' Town Code Onlii,e'Payinents Town Records Forms Sign up'.n:ceii•c Minutes: a—IF p:ry"pour bill;- LL'cbtidv 1—rtincc F."VA:pplica ions Above: Homepage, Click on Link "Town Records" Weblink/Laserfiche Laserfiche Web L,nk V,°`i ' "- Hams Srowse Sear„ .,.:vrorscuthGd TownOfSouthold �uame P-e:cu+t T—plxe.—e - TO�Clerk .. £nllyProrert,es -T—. of an Path rvu=_,eas BOa.P."Ppee,;iZ?i Creation date :...L Enmes Last modified Nlelddaia Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA) folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche Webi-ink v 1 't S Home Browse Search 7f� c! Zoning Board Of Appeals(ZBA) Zoning Board of Appeals Name Pap count name (ZBA) Entrypropertles La fi,he Se—n G-e, Path eg3l N.o­/Heanogs Creation date -encl,ng Rep.,., Last modified Special Event Pe—its Training Recr-a—ts 26P offloals bletaclata 739-licles E—iluons Ust Code 290.iOC(3) lur sd,,,,on Wong ZBABOOk cf.Maipoeo 1 S77 ExIsvngLots -d-&tl;Its m;h<eltNpep-:meuNsesl -1 Bulk Schedu.es Cclotraa; LI—s Page 14 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. Not%fisited Getting Started 0 Southold,NY-Officia My N�tZero... Date Duration Calcula NetZc�r. TovinOl'Scuthold-La... v Southold-Cor Laserfiche Web-Link Horne Browse Search Pending Pending Name 9025 MAIN ROAD LLC,CARDINALE 2 Entry Properties C&L REALTr-'WIthdraelin Path . . . JENICAP SD'LLC 7 PECONIC RECYCLING TRUCK THE ENCLAVES Creation date -_'J'#7370.Orend 1000-128-6-6 —i V7379-5o'utlons Past 1000-13-3-1 Las[modified -;_I]_0;55 s'.8;Y 97393-5p;ller 1000-59-5-8.3 'q::"a73NSE-HI1.1F Rescrics,Myclon Resorts-Campground-1000-40-3-5 Metadata —11 47385 SE-Fried 7000-50.1-1'3.1 _197386860 BaNievi Drive-LLC 1000-37..5.10.1 47387 Hard Corner 1000-61-4-1 'n#738711--lard Corner-SITE PLAN-Arch Plans 1000-61-4-1 ­389-Mincon irrev.Trust 1000-128.-2-20 47389 Benc 10,10-71-1-4 =7a06,113.ppa 10M39-11-1.5 Pa.,e I C-1 1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/­Browse.aspx?dbid=0 Laserfiche instructions ZBAFiles Page 3 Laserfiche Webbrik Home Browse Search Of5,­!If,j ZoI'I' W.'1- Board ACtIonS Board Actions Name c.."t template-e 1957-1979 Entry Properties %9G3.I 999 Path It I='..1 r.-and....... 2001 Creation date 2002 2003 Last modified 200J -lo 2005 Metadar. 2006 2007 2003 2009 F-O,- 2010 201 2012 2013 2.014 15 \ 201a � 17- 2' 20 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 2017 .71 -h a—d-—.1 tan 4loduted �7 73 still 13 a"ard oma, Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBAFiles G,/ Page 4 ca sh e I �,k Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Liserfiche WzbL,nk ,Horne Brotvse search i�nld, -Q 11 M 16 Page count:S3 Template name:Boars Actions Rose( C.le 3nd Kristen Ca.liel 0RQeERrV LOCAPON::62_.Wer Shingle.4111,;4he,... J 19 2017 97016.Cannel SC71,1 No.1000.9-1-26 m-n,us approval Co rema.. li�v-,.-.y 19.2017 97,016 C11.111 5-TP.1 Its.1000.9.!.26 GRANT,tha­i-cen a, '—COLIN Z.YRIST5N CA5PEL 5E,-TION DO,300... _d..Thomas PO 30¢342 Fisher Stovt mor,inlnrinatiLn 7018 Page count:56 Template name:Boatc,AmOr,5 ,3-.= ..0:30 A.M.COLN CA-il-AND var—Ces under A—le U)—on AN-It... .--ts)KR:S7_N CAS.P=7015-Re—esIp'.—e cell v: ,ed—m—'.- Sh",m0re'nfwa-n.. Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Lasurb-Che Web Link M-1 Home Browse Search Mlnute5/Agenclas/Legal N.-ciceS/Hear ngS Minutes/Agendas/LegalName t Template name Notices/Hearings ?95-919 2 Entry Pmper-L,es 1960.1999 - 2000-2009 2010 201Z Creation date 2013 LaS(Tcdlfilecl, 20:5 2016 1 1 Ent! z;i 1 Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. A j Laserfiche Instructions ZBA Files Page 5 Laserfiche WcbLink U�� He I Home Browse Search2,M.'8 -j Ir acgaJl":Z.- 1 2017 e'j. 2017 Name count Templar.name 2311-0110512011-0110512011 7 EntryProperties Z3A-01105/2017Agendd d Path 28A.01Y05/2017 Hearn.- do 23A.01105/2017 LN 3 2311-0111-/201` �lc 2".�) ZBA-Glil 9/2017 Agenda Creation date ZBA-0210'F/20 17 7 Last rricclified ZBA-0210-i2017 Agenda 4 1 ZSA-0270--/2017 Hiarng d5 c: Nletainata ZBA-02!0Z/2017 LN 3 ZEA-02,'l 6/2017 Agenda 3 2611-021l 612017 Special 3 -03102120 1 7 e. —fl, UA -zllh,pap--=U-2 28A.03,02,12017 Agenda 4 7311-0310 2/201 I ,Hear n- 65 ZBA 03iO2120t 7 LN I ZSA 03/16/2017 Agenda 3 ZaA-03/16/2017 Spec;al 3 Z3-0✓061' 17 5 Z6A OV062017 Ageloa d Z3A.0d!0612017-ar ng 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 Ur The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: The application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar .SAME : PAGNOZZI , ROBERT #7761SE SCTM #m. 1 000-53-4-44 . 36 VARIANCE : SPECIAL EXCEPTION EQU EST: ACCESSORY APARTMENT IN AN EXISTING ACCESSORY GARAGE ElATE : THURS. APRIL 6, 2023 :120 PM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Once Telephone (631 ) 765-1809 April 2,2023 RECEIVED Southold Zoning Board of Appeals APR 0 4 2023 Leslie Kanes Weisman,Chairperson 54375 Main Rd P.O.Box 1179 Zoning Board of Appeals Southold,NY 11971 Re:4/6/23/1:20 PM Robert Pagnozzi/Greenport W.Holdings,Inc.#7761 SE Dear Ms.Kanes: My wife and I are against approval of the Special Exception.I think it would be detrimental to the community. Our August Acres Community consists of 100%single family homes which is required by the Association Charter. I did notice that one of the requirements is that the main house be a primary residence and I am not positive that is occupied by the owner in this case. Also,the applicant replied no to the question"is the parcel within 500 feet of a farm operation" and"is it a working farm"and as the crow flies it is to a farm that is actively farmed on the 7 acre parcel off August Lane.(Probably about 400 ft). I don't know if it matters that the proposed secondary apartment is adjacent to the storm drainage basin and wetlands.There were a lot of questions on wetlands.Ground water level is a concern in our development. I did not see where the cesspool,extended driveway and walkway would be located or the three additional required parking spaces. We will not be able to attend the hearing since we will be away but hope that the above will be taken into consideration. Raymond and Kathleen Masaitis 850 August Lane Greenport,NY 11944 � �23 RECEIVED APR.0:4 2023 945 August Lanezonln `7-7 6 � J�— Greenport,New York 11944 9 Board Of Appeals March 31,2023 Leslie Kanes Weisman,Chairperson --Southold Zoning Board of Appeals 54375 Main Rd. P.O. Box 1179 Southold,NY 11971 Dear Sirs: 1 am writing to you in regards to the property at 190 Pheasant Lane,Greenport,New York 11944. The owners of the property are asking for a variance to build an accessory apartment over an existing detached three garage. The property is located in August Acres which is a group of 35 lots with an HOA with covenants and restrictions for one family residences. Granting the variance would negatively change the character of our neighborhood to multiple residence,and more traffic. For these reasons we do not approve of granting the variance. Thank you, 7% r Mr. &Mrs.John Ga son ^ j < 2030 Kerwin Blvd. o k�J�\ C ,v Greenport,NY 11944 (516) 805-3210 Town of Southold Zoning Board of Appeals 54375 Main Road Southold,NY 11971 RE: 190 Pheasant Place April 6, 2023 Dear Members of the Board, When we purchased our home located in the August Acres over 20 years ago,we loved that it was in an Association—all one family homes in a small community. There is only one street which enters off Main Road coming into the community. People who come into the area are meant to be there. We feel safe for ourselves and our family,including our ten grandchildren who visit ranging from four to twenty years of age. If the proposed accessory apartment at 190 Pheasant Place is approved as a special exception, we fear the entire dynamic of the community could change. The character and quality of the neighborhood is in jeopardy. Who will monitor the accessory apartment when there is a change of occupancy? Who will ensure the accessory apartment is being using as it is intended? Who will enforce the zoning ordinance standards in years to come? How can you be sure it will not become a short term house rental for seasonal vacationers? If this is approved, other residents in the Association could follow suit and create even more short term house rentals. It will loosen the land restrictions for the entire community. What is the purpose of having an Association if you can apply for a variance and do as you please? How transient is August Acres going to become? Our Association is meant to protect its residents. Homes were purchased with specific covenants and restrictions in place. The Association's Affidavit stated lots were all single family homes. Undoubtedly, two separate residences within the same lot is no longer a single family lot. In a recent Newsday article, a house was listed for sale in East Marion. The article stated "There is a guest cottage, which in Southold Town is hard to come by." Hard to come by simply because Southold Town does not approve of these types of homes. We value our home, family, and August Acres. We wish nothing more than to preserve the great community that has been built around us. For the safety and protection of all homes and families in August Acres,please do not approve the variance for the auxiliary apartment. Sincerely, . v J Karen Ga son 121in Gay cn C4 REALESTATE fi newsday.co►Y!r �:., t:Tt East Marion home lists for $1 .749M BY RACHEL WEISS rachel.weiss@newsday.com - Cape with a guest cottage and private beach in East Mar- ion is on the market for$1.749 million. The annual property taxes are - $6,348. Located on Main Road,the w house was built in the 1940s and renovated 10 years ago, LD `Z said listing agent William :' Q Z Walters of Daniel Gale . ; - , Z O Sotheby's International Realty. The house and its guest cot- m tage sit on a 0.28-acre lot. The main house is 1,400 square feet,with two bed- Q J rooms and two bathrooms. w The guest cottage,which faces - the street,is 800 square feet, with one bedroom,one bath- The property includes an 8010-square-foot guest cottage,above. �;lq,., ;,_•_ _ w Q room and a kitchenette. The two-bedroom Cape comes with access to a private beach. "Something that's unique is The property is served b rY1� the fact that it has this guest house,"Walters added. doors of the living room. elevated views:' P P ty y y cottage,"Walters said."Having a The first floor of the main There are waterfront views Pops of pastel hues,includ- the Oysterponds Union Free in mint green and ale yellow, School District. legal guest cottage in the house features panoramic upstairs,as well. g g P !t( Southold Town is pretty hard to views of Gardiners Bay,where "The second floor is dedi- can be seen throughout the "The house is ideal for some- come by,so that's pretty special." homeowners have the option cated to the primary en suite, rooms,with an emerald green- one who doesn't need a ton of The cottage has vaulted to moor their boats,Walters which then has access to a tiled bathroom.The property space,and is looking for great d balcony,"Walters contains electric heating and a value on the water,"Walters ceilings and a gas fireplace. said.Access to a private beach wraparoun "It's totally separate from the is available through the sliding said."There are beautiful, ductless cooling system. said. Mr. and Mrs. Glenk Creutz RECE1. Ef` 45 Terry Lane MAR 2 7 Wl Commack, NY 11725 Zoning Board of.Appeals March '23; 2023 Zoning Board of Appeals . 53095 Main Road PO Box 1179 Southold, NY ' 11971-0959 Attention: Leslie Kanes Weismann, Chairperson Re: Request of a variance for an accessory apartment at 190 Pheasant Place. My husband and I'' own a home in August Acres. We do'not feel that the homes in August Acres should be permitted to be zoned for anything other than a single family home. Permitting- one home a, variance, f or an accessory apartment will then Ql low other homes to follow suit, and we feel this would negatively affect the value�of she pro perties,,and overall quality of our. beautiful-, quiet'neighborhood environment.. T ou, Eileen Creutz cc. AAHOA ea Butz-Mar 23,202312:26A7 PM-cac4b28c761502040935fcW65a91e ,s' ., ' '� i TOWN OF SOUTHOLD �Q2� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of. MAILINGS (NamMf Applicant/Owner) ��a h�C.� �D►CC SCTM No. 1000- r3 -Y ` Y q" 3(, (Address o Property) (Section, Block & Lot) 0 4 C s�� COUNTY OF'S�� STATE OF NEW YORK nn I, X Owner, ( ) Agent /�o O 'L�'� �4 07 o zu residing at / 70 ��.,��4c�t !� 16'.jcey,reevy,,r'�' New York, 41 being duly sworn, deposes and says that: On the b f day of 2023, I personally mailed at the United States Post Office in G ref Age d'F , 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 ( ) 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. (Si ature Sworn to before me this ? day of M kw.c/-r , 20 23 5 EPHEN J DAGGER otar Pbli �� NnUiry Public-State of Crew York yu110.01DA6250303 Qualified in;,assau County �r,;nrr;=sicn rxPi.,as Oct 24,'2023 �. PLEASE list on the back of this Affidavit'or.•on=a_sheet ofaper;ytl�e:lof 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. s I PostalPostal Service' FIE t o MAIV RECEIPT �- OWY n DomestiCr Mail ul •' CEI v iti Ln For delivery information,visit our website at www.UsPS.,Cd(n-. J( Gr Gr e? 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' ------------ ---------------­-------- ------- C - -- r/ (" T• // g i a TOWN OF SOUTHOLD ZONING BOARD OF APPEALS P� a I���ilZfl SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING �0�/ a. r►eL� (Name(df Applicants) zSA-" c• COUNTY OF SOT STATE OF NEW YORK I, mtv� ASA4-L-^LJ residing at 6 rc-e—rl , New York, being duly sworn, depose and say that: I am the (30"0,wner or( ) Agent for owner of the subject property On the /?4- day ofy't o4--L� , 20L,3 I personally placed the Town's Official Poster on subject property located at: // 'PK n--t The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of' Ap,.^1 -t-e)2 (Owner/Agent Signat re Sworn to before me this Day of M dt-P-e ff 5201,7 (Notary Public) —� STEPHEN.J DAGGER Notary Pubtic-State of New York NO.01DA6250303 Qualified in Nassau County h1y Commission Expires Oct 24,2023 • SENDER: COMPLETE 71-175 SEC1101v ■ Complete items 1,2,and 3. A. signature j ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee i ■ Attachthis card to the back of the mei piece, B Received by(Pri a e) C. Date of Delivery or Ori the front if space permits. f��Zf1 ..Article dressed to: D. Is delivery address different from it 1? 13 Yes 1 � Ad If YES,enter delivery,address below: ❑No 6feenpev4 IVY II I IIIIII IIII III I II III I VIII I I I II I I I I II II I III 3. Service Type ❑Priority Mail Express® VAdult Signature 11 Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified MaM Delivery 9590 9402 7966 2305 5612 35 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM Coll ct on,, rve r 31�natura Confirmation _2. Article Numbbf afran�fer,frdm S$rvlce►4bel)I i I I 1 Co11. ¢r{De�i�e y�Re�tr cted beliver�r ��Restricted Delivery ± Insured Mail 7020 0090 0002 0254 4254 Insured Mall Restricted Delivery .(over$500) '. n PS Foram,3811;July 2020 PSN y7530=02;000=,9053 I, Domestic Return Receipt r l� SENDER: COMPLETE THIS SECTION , COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3. A. signature ❑Agent ■ Print your name-and address on the reverse X El Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Re Ived by(Printed ame) C. Date of Delivery Nf or on the front if space permits. 1. Article ressed to: D. Is delivery address different from item 1? ❑Yes i ` AdV1 CS If YES,enter delivery address below: ❑No , , q y3 Service Type 13 Priority Mail Express® � II I Ililll IIII III I II III I VIII III Iilll111 III III f Adult Signature ❑Registered MallT11 Adult Signature Restricted Delivery ❑Registered Mail Restricts ❑Certified Mail® Delivery 9590 9402 7966 2305 5612 42 ❑Certified Mail Restricted Delivery ❑Signature confirmation- ! ❑Collect on Delivery ❑Signature Confirmation i ber-(Transfer from service_label) 11—_?_.,Article,NumCollect on Delivery Restricted Delivery Restricted Delivery ' �, 1 } isured!Mail Restricted Delivery 702'01009'010002 02'54 4247 Wer$500) ' . PS Form-3811,July 2020 PSN 7530;02-000-91 53Domestic Return Receipt i, _- — COMPLETE . ON DELIVERY COMPLETEVECTION A. Signature ■ Complete items1,.:2j.and 3. X. 1 .1D El Agent ■ Print your name artd address on the reverse [IAddressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed tor: If YES,enter delivery address below: [3No -7 4ro l 1'.7roLo / ❑Priority Mail Express® Illlliillilllllllllllll II III III IIII II I 1110 III dAdult i t a �� •❑Registered MallTM R ❑Adult Signa e�ies D�4 ,' ❑Registered Mail Restricted' ❑Certified MailO Delivery [3 Certified El Mail-Restricted DeSignature ConfirmationTM 9590 9402 7966 2305 5612 11 ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2. 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Lis' +. } . '.. % -•,y ,,moi = - y, ry y�q 1. s.,j iw+►., > NOTICE OF HEARING TM following apphr+llon Will be Huard of APPheard by the Southuld Town The aPFlicallan at Town Hall,310"Main Road,Southold: an will 4160 be availablo VIA ZOOM WESINAR- Follow hnkfitlpusuuthotdlow^nY•povicalandar NAME: PAGNOTZI, ROBERT #7761SE SCTM N: 1000-53-4-44,36 VARIANCE: SPECIAL EXCEPTION REQUEST: ACCESSORY APARTMENT IN AN EXISTING ACCESSORY GARAGE OAT( ' THURS. APRIL 6, 2023 1:20 PM -i..� ..�w,i..is ••,..c.,. .�,.�,,. to .:.•na.` s„_ AM.I , t • � 'rti '► ��pp77��, i � w rg OFFICE LOCATION: AILING ADDRESS: Town Hall Annex ��®F S �® P.O.Box 1179 54375 State Road Route 25 �O �® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® a0 http://southoldtownny.gov c®U ,� ZONING BOARD OF APPEALS ! Town of Southold .;. ,�1% 3 011" B-1 y . JAN 1 8 2022 TO: SOUTHOLD TOWN BUILDING DEPARTMENT ^�,7 "'Tr,1)7 T >.d, RE: VERIFICATION OF LIVABLE FLOOR AREASpecial Exception A licati. `,4•?,, 5 F.�hT r 0101 to establ&asory apartment in an accessory structure ZBA A lication: gnozzi, Robert(1000-53.-4-44.36) Date sent to Buil 2023 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. . FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Plans: Charles Kuehn, Architect, last dated February 9, 2021 Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant l to Section 280-13B(13)(a)of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board of Appeals:May 18, 2011 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� S®�g��s 53095 Main Road •P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �. ® 54375 Main Road(at Youngs Avenue) ® � C®USouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 May 22, 2023 Robert Pagnozzi 190 Pleasant Place Greenport,NY 11944 Re: ZBA—Application#7761SE, Special Exception Pagnozzi, 190 Pheasant Place, Greenport SCTM No. 1000-53-4-44.36 Dear Pagnozzi; Enclosed is a copy of the Zoning Board's May 18, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above Special Exception application. Thank you. Sincerely Kim E. Fuentes Board Assistant Encl. cc: Building Department SEE SEC NO.045 ,.= / l J' - --_-, - _ N30.982 •MATCH LINE r < .,Z ./ FOR PCL.NO g:''N' h � '� C J` SEE SEC.NO. 045-05-004 �Q'' Q 1 t�( 1 FOR PARCEL NO. ( t C7 SEE SEC NO. ( , 045-05-007.3 , 1 1 1 17 c� TOWN OF SOUTHOLD JFFOLK 1Yf _-w--'S�, TOWN OF -07 r F UT SOH I� Qe ! 7 OD T 4.1 44,q0 SODUTHOLD EEK h ;'r1 ,i' t?r ��•�:\ \ ✓`(� ��'"• �•?,,\ 151 49,1 ;i .% t �"� ^ . i✓ g' :;.;, ,:x.14 ryE Z ✓) .E•150-. '"2 r 4s�l '!�"�.a ;�' ' .,, ,�•/h,,�-,iS,-,y,;j '\ 7 X5'3, 153 ,( .'yid &\�' ; �i `;, ;,'��;>`4,,�• 6' 'x,->e. ''; �T:;`-�-~;, 1-4` . ✓`1 \2 �i s, 'x;'.o2>. '9��a• i,;; ,�i,', _jl: :�::l.mom.` 1 w 1 "$.. IP vp 76%I �� ( ,a,�9,•�� "� J 73:;74, :__,a,i.;; ��'� Ta �J'}' po'9 @'i �'�`: ;yi,?6,a`�, ��az�`V� 1g'70,,/\,'•, as � ,, B� � �' ����'' ;�? !, ,� � • `yo`' �oS Fes.Aub.. \..'6/+h�>'. , Al p'70 \'�.�s\; 43! ;Q,e; pp451 �3., / /' \ `'y',1j• �.3 r"s;'G„Y.;'F f�11�s 46.10 \i ��=5•'�a,` \ py!! \ 4p �,, �II 7.fiA ( L�'%'•y3>. 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