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7805
CC„(,LCA V", V 6( , ed 1Z r� Cc 33 h c'cs Mrx d WA l0f a4LI-7 T20 AHC V,/Ce,,i 3 C'F ZE 7- G/? Owner: Acquaviva, Edna File #: 7805 Address: 130 Sunset Ln Code: 17NP Agent Info Martin D. Finnegan 13250 Main Rd. P O Box 1452 Mattituck , NY 11952 Phone: 631-315-6070 . Fax: Email: mfinnegan@northfork.law f PF`4v1?. lJ !j0 3 p (poi' l BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� S®(/j� 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantesc Office Location: Robert Lehnert,Jr. &M 4C Town Annex/First Floor ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento a zpz N% Southold,NY 11971 RECEIVED http://southoldtownny.gov j- P" 6 d:L01r^, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD AUG 2 1 2023 Tel. (631) 765-1809 94- xne2�� Southold 'Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2023 ZBA Application No. #7805 Applicants/Owners: Edna J. Acquaviva, Boni D. Fash, Vincent J. Quatroche, Jr. Property Location: 130 Sunset Lane, Greenport NY SCTM: 1000-33-4-69 and 1000-33-4-70 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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. PROPERTY FACTS/DESCRIPTION: The applicant provided two, individual surveys, both prepared by Kenneth M. Woychuk, Licensed Land Surveyor, dated January 12, 2023 illustrating lot dimensions and improvements, for Suffolk County Tax Map parcel 1000-33-4-69: measuring 75.00 feet along Sunset Lane, then running east, 105.00 feet along a residentially developed lot to the north, then running 75.00 feet to the south along a residentially developed lot to the east and returning 105.00 feet west to the roadway along a residentially developed lot to the south, subject of this application, known as Suffolk County Tax Map parcel, 1000-33-4-70: measuring 105.00 feet along Sutton Place, then running north 75.00 feet along Sunset Lane, then running east 105.00 feet along an undeveloped lot(subject of this application), then returning 75.00 feet to the roadway along a residentially developed lot to the east. Suffolk County Tax Map parcel 1000-33-4-69 is undeveloped, vacant with no structures, with a split-rail wood fence along the northern and eastern lot line and a hedge row along the road frontage. Parcel 1000-33-4-70 is developed with a one-story wood-frame single family residence with brick entry stoop,attached wood deck,bilco-style basement access doors,propane gas tanks, an asphalt driveway and entry walkway and a small shed. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to immerge a vacant land area of 7,875 square feet(SCTM 1000-33-4-69)from an adjacent land area of 15,750 square feet(SCTM 1000-33- 4-70), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10 determining the properties have been merged. Page 2, August 17, 2023 #7805, Acquaviva SCTM No. 1000-33-4-69 & 70 "A non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50)feet or more in distance. Non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements; located at 130 Sunset Lane, Greenport,NY. SCTM Nos. 1000-33-4-69 and 1000-33-4-70. ADDITIONAL INFORMATION: The applicant made a prior request for a Waiver of Merger under ZBA file#4428,dated November 19, 1996,shortly after the adoption of the merger law,which was denied indicating among other reasons, #5. "Common ownership of both lots has existed for 27+years." It is unknown why a prior Board would have denied this application, but it would appear that at the time, the merger law did not allow for the transfer of ownership among family and, as such, the Board may have viewed the transfer as an `arm's length' transaction versus within the same family. In 2008, Section 280-11 of the Town Code was amended to remove the hardship criteria to remedy this issue and offer relief to families that inherited properties that were unintentionally merged. The applicant provided copy of a title report prepared by Fidelity National Title, dated January 25, 2023 for the subject parcels illustrating ownership as follows: SCTM 1000-33-4-70,acquired July 25, 1957 and SCTM 1000-33-4-69 acquired January 17, 1968, copy of the deed relative to the intra-family transfer of ownership and copy of the Real Property Transfer Report. The applicant provided copy of a Certificate of Occupancy, #Z-78, dated March 25, 1958 for the residence at 160 Sutton Place(SCTM: 1000-33-4-70). No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The standard for the granting of a waiver of merger are contained in Section 280-11 of the Town Code. Sections 280-11(A)and(B)require that the Board engage in a two-prong test before granting a waiver of merger. Pursuant to Section 280-11(A)the Board must determine whether the lot proposed to be recognized has been transferred to an unrelated person or entity since the time the merger was affected. If the lot has been transferred to an unrelated person,the lot is not eligible for a waiver of merger. Pursuant to Section 280-11 (B), if the lot has not been transferred to an unrelated person,the Board must engage in a balancing test of 3 factors to determine whether the lot is eligible for a waiver of merger, namely, whether(1)the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood, (2)the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation, and (3)the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. The Zoning Board of Appeals held a public hearing on this application on August 3, 2023, at which time written and oral evidence were presented. Pursuant to § 280-11(A)the Applicant has submitted documentation,to the satisfaction of the Board that there have been no transfers of ownership of the lot outside the family since the time merger was affected. Consequently,the lot is eligible for a waiver of merger. Page 3, August 17, 2023 #7805, Acquaviva SCTM No. 1000-33-4-69 & 70 Pursuant to §280-11(B), the Zoning Board finds that; (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because lot#1000-33-4-69 is comparable in size to many of the surrounding parcels,with most lots being substandard in the R-40 zoning district. Most lots along Sunset Lane are approximately .18-.20 acres as evidenced by aerial images, the Suffolk County Tax Map page and inspection by members of the Zoning Board of Appeals. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because lot #1000-33-4-69 is unimproved, while lot #1000-33-4-70 maintains access from Sutton Place, is developed with a residence as confirmed by the Certificate of Occupancy #Z-78, and each lot has separate Suffolk County Tax Map identifiers and individual tax bills. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because there will be no perceivable adverse impacts on the physical and environmental conditions in the neighborhood or District. Unmerging Lot#69 from Lot#70 will recognize a building lot that will be consistent in size with the lots in the surrounding area. Additionally, the applicant has stated that a Code conforming home can be built on parcel#69. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law,Section 280-11,motion was offered by Member Planamento, seconded by Member Acampora, and duly carried to GRANT the waiver of merger as applied for as shown on the individual surveys prepared by Kenneth M. Woychuk, Licensed Land Surveyor, dated January 12, 2023 with the following conditions: 1. Proof that waiver of merger is affected by way of a recorded deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM: 1000-33-4-69 be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. 2. When constructing a residence, the applicant is to apply for and receive a permit to install a Suffolk County Board of Health approved Innovative/Alternative Onsite Wastewater Treatment System. 3. In the event that an approval is granted subject to conditions,the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Lehnert,Acampora,and Planamento(5-0) Les to Kanes Weisman, Chairperson Approved for filing f-117 /2023 C S.C.T.M. NO. DISTRICT: 1000 SECTION: 33 BLOCK: 4 LOT(S):69 RECEIVED APR 212023 Zoning god Of C�q APeals i 0.3'W - 0.2'S 0.6E oo� MoN. 7.01S LAND NIF OF JASON ALLAN HARVEY JOHN ALDEN HARVEY IV �FENC� a o LAND NIF OF VLASSIS TRAVIAS 61, ANNA TRAVIAS \ O 21 �00D 0 FC 62 � 0.2'W 0.3'S IPE S VACANT o0 NO STRUCTURES ca 0 U o ) 0.8'E V ' V ` cF LAND NIF OF EDNA J.ACQUAVIVA BONI D.FASH VINCENT J.QUATROCHE JR. oo_ 62021,30 U.P. .�O V� 1 O� 1� FINAL MAP REVIEWED BY ZBA DECISION# THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL DATED: AND OR DATAOWN ARE OBTAINEDFROM FROMFIELD SERVA710NS OTHERS. AREA:7,874.98 SQ.FT. or 0.18 ACRES ELEVATION DATUM: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF 7HE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 774E LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO 7HE ASSIGNEES OF 774E LENDING INS77TU770N, GUARANTEES ARE NOT 7RANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO 7HE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDI77ONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY ORDESCRIBED PROPERTY CERTIFIED T0: EDNA J. ACQUAVIVA; MAP OF: BONI D. FASH• FILED: VINCENT J. QUATROCHE JR.; SITUATED AT:GREENPORT TOWN ORGREENPORT KENNETH M WOYCHUK LAND SURVEYING, P SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Bog 153 Aquebogue, New York 11931 FILE #223-05 SCALE:1"=20' DATE:JAN. 12, 2023 e-b-S& PHONE (631)298-1688 FAX (631) 298-1588 N.YS. LISC. NO. 050882 S.C.T.M. NO. DISTRICT: 1000 SECTION: 33 BLOCK: 4 LOT(S): 70 RECEIVED APR 212023 Zoning Board of Appeals N� �2 01 F LAND NIF OF 0 EDNA J.ACQUAVIVA 1 s BONI D.FASH VINCENT J.QUATROCHE JR. S LAND NIF OF p VLASSIS TRAVIAS u� ANNA TRAVIAS Xp- o �O� WOOD \\ 620 213 G° G°C�G' DECK �a2 .:::::::::: 1 STY FRAME 00 :I. GARAGE ...... ... U.P.�, •.'.'DWELLING#160 ''' ...'. I ^ u� .:.::.•..::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:::.:.:.2 6:.:. a�.....:...:........................ MON. G ` 1�5 0 o 9G o 021,3 tJ� S 62 Pv�M�� 'Q �• U.P. 0�1 W.V. W.V. 0 0 W.V. U.P. FINAL MAP REVIEWED BY ZBA DECISION# S05 THE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL DATED: OCA77ONS SHOWN ARE FROM FIELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS. AREA:7,875.00 SQ.FT. or 0.18 ACRES ELEVA77ON DATUM. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A 140LA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID 7RUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO 7HE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO 7HE ASSIGNEES OF THE LENDING INS77TU770N, GUARANTEES ARE NOT TRANSFERABLE. 7HE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE 774E ERECTION OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE S7RUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF:DESCRIBED PROPERTY CERTIFIED T0: EDNA J. ACQUAVIVA; MAP OF: BONI D. FASH• FILED: VINCENT J. QUATROCHE JR.; SITUATED AT:GREENPORT TOWN OF:GREENPORT KENNETH M WOYCHUK LAND SURVEYING, P SUFFOLK COUNTY, NEW YORK of Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE #223-04 SCALE:1 "=20' DATE:JAN. 12, 2023PHONE (831)298-1588 FAX (831) 298-1588 4:�N.Y.S. LISC. N0. 050882 0 2024 l�IIIII(III IIIII IIIII IIIII IIIII II�� E�III IIIII��II(III = ... X 0:OfAPPEALS I(IIIIIIIIIIIIIIIIIIi�III ����I �� SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 03/25/2024 Number of Pages: 4 At: 09:20:14 AM Receipt Number : 24-0037662 TRANSFER TAX NUMBER: 23-24040 LIBER: D00013241 PAGE: 230 District: Section: Block: Lot: 1000 033.00 04.00 069.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $315,000.00 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 $250.00 NO TP-584 $5 .00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200 .00 NO Transfer tax $0. 00 NO Comm.Pres $6,000.00 NO Fees Paid $6,520.00 TRANSFER TAX NUMBER: 23-24040 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULED County Clerk, Suffolk County LJ Number of pages RECORDED J 2024 Mar 25 09:20.14 AM 1JI14CENT PULED This document will be public CLERK OF record. Please remove all SUFFOLK COUNTYL D00013241 Social Security Numbers Y P 230 priorto recording, OTA 23-24040 Deed/Mortgage lnstrumerit`r Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage.Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax ..r TP-684 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 4 0 Transfer Tax Affidavit Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 o family dwelling only, Sub Total YES or NO Other Grand Total � If NO,see appropriate tax clause on page# ofthisin rum%�`. 24007103 1000 03300 0400 0e9000 !f 4 Dist.1001 5 lCommunity Preservation Fund Tax5ervPce R�n A I IIIIII II III I�WI WII lu Consideration Amount$ Agency CPF Tax Due Verification ti Satisfactions/Dis arges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: r_F^2 Vacant Land Scott Boger l TD _ 130 Sunset Lane Greenport,NY 11944 TD TD Mail to: Vincent Puleo,Suffolk County Clerk 7 r Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name Hamlet Title Agency,Inc. www.suffolkcountyny.gov/clerk Title# HTA-9't92-S a Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFYTYPEOF INSTRUMENT) Edna J.Acquavlva,Boni D.Fash,Vincent J.Quatroche,Jr. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Scott Boger In theVILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over INSTRUCTIONS(RP•5217-PDF-INS):www.orps.slatemy.ua OR COUNTY USE ONLY Now Yak State Department of C1.Sven cod. ,c{J Taxation and Finance C2.Date Dead Recorded ; J _ 5/ I Office of Real Property Tax Services yw RP-5217-PDF Ca.Back J C4.Peon , Real properly Transfer Report(BI10) PROPERTY INFORMATION 1.Property 130 S•arset Lone Location 'e,.F-IT WAYWR 'Si�RT NALa G raer-po r t 11944 'Car C-19" VILLAGE '241Ab5 2."or a0ar_r Soo L: Nam. •Low e+Wicown.• nvsrnAre LAST WYF-XFW Y, nilr FAMF 3.Tax M&We Whore future Tax Sills are to be aril Billing N Other than buyer addross(d bobom dform) LAST 1.wJEKWRyv "Im NAME Adding STeE[T My,BEi NG7 MML' GfTOi 1O STATE ZPCM 4.Indicate the number of Assessment 1 X d Parcels OR 17 Part d a Pane (Only It Pa Pardo)Check of a Par Check as May apply: Roll parcels trenafoned an the dew 4A.Panama Board rah Subdivision Audmnly,Edsls ❑ >Dew X _OR O.17 4L SubdideionAppmval weer Ragwmd ton Tranarer PIOPaaly .=Ot.TFEC7 '.7RM 'AZPLB !� 4C.Parcel AppmLsd for Subdifton with Map Provided ❑ ACOGAV:�VA 3.''iKA 7. L Batter a"F, 'LAST NGO..Wr ra --c Name F SH, QUA"ROCHER, JR BON1 D., VINCENT J. My WBPICCWANT n-SINAIF 7.6@Md dw dncrlptbn whM meltacantsly daa®M the Cheek the boxes bobcat as a"apply: use of the properly in the rime of LAM: L Ownership Type is Condominium C.Residenlial\`aranr Land g.New Canstrudion on a Vacant Lend WA.Prop"Loomed within an Aancultum]Mould ❑ 100.Buyer mi iced a dadasum uatrs Irdeading then the property is in an Agdauurd Oistrid ❑ SALE INFORMATION 1S.Chsck ads armors oftluse conditions a applfrable to Vsrlslar. A.Sale Bahama Reladves or Famrr Relatives 11_Sue Contract Onto 12/11/2 02 3 B.Sde bdwam Ralnod D~os orPartaon m Bmirom C One tithe Supers is dso a Selar '1L Barra mar SalarTaneNr 01/05/2025 E Type ea is orBBaro�ra 6�(Spedry B�efoe) F.We d FnOttaM of Less Ulan Fee Irl:arrsl(Spouly'Bdaw) 'IL Full Sala Pries 31 5,000.O0 G,Sgmlimn Change in Propony Between Texatle Status and Selo Dales FL Sale of Business la Included in Sala Price(Rif Sala Pnt a 4tha fold arrnu,d paid for the property IlxlLrdurp Peadnal properly. FL Other Unusual Facloa Aftaehng Solo Piles tSpeody Below) Two paymrd may be in the farm dash.allm properly or gam•or Ito assumption of © J.tone mong.pas of other ab6gavons I F 11bow roundb On nomzt whole clagaraR ounf. CommeTa(a)onCawalon: , 14.tn®nte the v.lu.eel perwnM property,Included In the sale .00 ASSESSMENT INFORMATION-Data should reftd the Waal Final Assessment Red and Tax B81 ter.Year ofAaesarrrrd Roe ban Mdch Irtbrmatlodtake"My) 22 'IL TaM Aaeaew Value 400 •10.Pr CPO Ly Cltls 311 _ *IL School Obtdet Name greelpoxt '10.Ter Map Idadlaa(sPRed Iaondfiafal(Omen Aare ter,Beach■heatwah ademional Idv.U%,tw8 1000-033.CC-04.00-069.000 CERTIFICATION 1 CEW ttMa9 of Ica 1Wns of Id/amutian ordered on this farm an true and cornet Ra Bts best of my knowledge and bd"and I undratered thattlte making edany w®hd falls.hd.ment at mate"het heroin oublad me tD tluyfmblODa,d the per ell Isw Tslatk or to Otto mel ft and filing of falls Inmevmmis. • gEtJ ERMN&MM BUYER CONTArgXIyFORMAM CUM mtnnwm IN ear IWn Mn N liner is LLC soosir.asmaSUM®ya,raar Imo mad cw=nv e21112er 1 mtbea's rww B,rtrmml opma fgs"a"Non a Nana elarrantsd aTlarmsle„r an aeavOaW.epreEre ' SrZ rl.TVWho rs,rewe,iia"We Mom"N.rr+dsrm„Ya.nla,.d.Tyre r prarcird!) V S rdYfla4 :NI! I BUYER SIGNATURE BOG3R SCOTT riff-S6W1.W. LATE t162!) CHAR),:S ?AT- .STRWiTV.EEL 'ixwar War° 5 SOUTHOiD NY 1-974 YT•'CP%VM SWL :e'cc3e BUYER'S ATJQRNEY A_dKU7.l.T DAVID LM hA14 1-ST TUab ( (63:) 298-E6C5 MEACCAR TEEafd.4 MIJOETTI•p WMj ACKNOWLEDGMENT TAKEN[N NEW YORK STATE ACKNOWLEDGMENT TAKEN OUTSIDE NEW YORK STATE STATE OF ) State of New York,County of New York ,ss. COUNTY OF )S S.: On theSday of.SMvvt^rL( in the year 20..7q ,before On the_day of 2023,before me,the personally a undersigned,personally appeared me,the undersigned, p y appeared 6 t "'�0�^^�^ personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are satisfactory evidence to be the individual(s)Whose subscribed to the within instrument and acknowledged to me name(s)is(are)subscribed to the within instrument and that they executed the same in their capacities,and that by acknowledged to me that he/she/they executed the same their signatures on the instrument,the individuals or the person in his/her/their capacity(ies),and that by his/her/their upon behalfof which the individuals acted,executed the signature(s)on the instrument,the individual(s),or the instrument,and that such individual made such appearance person upon behalfof Which the individual(s)acted, before the undersigned in the(city/political executed the instrument. subdivision/state/country or other place where the ACKNOWLEDGMENT was taken)of Notary Public Notary Public CHA 40TARYpUBI CESTATERISON OF NEW YORP Registration No.01 HA5025220 Qualified in Suffolk County Commission Expires March 31.20Z4 BARGAIN&SALE DEED With covenants against grantor's acts DISTRICT:1000 SECTION; 033.00 BLOCK: 04,00 EDNA J.ACQUAVIVA,BONI D,FASH, LOT: 069,000 VINCENT J.QUATROCHE,JR COUNTY OR TOWN:Suffolk County TO Rel—by Mail lo: _SC,5 SCOTT BOGER , —Saxon and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THUS INSTRUMENT SHOULD Be USED BY LAWYERS ONLY. t^ Ja11th.N jr THIS INDENTURE,made the LMMr s day of ,in the year two thousand twenty canes BETWEEN EDNA J.ACQUAVIVA,residing at 14096 Marrian Ave.,Jupiter,Fla 33458 BONI D.FASH,residing at 4408 Custis Dr.,Rockville,Md.20853 VINCENT J.QUATROCHE,JR.,residing at 131 W.41"Street,Dunkirk,NY 14048 party of the first part,and SCOTT BOGER,residing at 1625 Chablis Path,Southold,NY 11974 party ofthe second part, W ITN ESSETH,that the parry of the first part,in consideration o f-------------TEN($10.00)dollars—------------- paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, NOD Seth-:033.00 SEE ATTACHED DESCRIPTION glsl,�: 04 00 Selncj .Glad M-kc-nded-fib 4+a scLKA.e pre KAkVS 3ch-\Neged by ckted 6Okd -kb . 20 f tQa1 }n 1 tbec it2.z5, pogz 339. TOGETHER with all right,title and interest, if any,of the parry of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"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. 1N PRESENCE OF: NA J.ACQUAVIVA ---/� OCR B ID.FASH� VIN T J.QUATROCHE,JR.I3L-,' 6Y a(I k5VI ry-M as p Old Republic Title Insurance Company Title Number:HTA-9192-S Page 1 SCHEDULE A DESCRIPTION ALL that certain plot,piece or parcel of land,situate,lying and being at Greenport,in the Town of Southold,State of New York,bounded and described as follows: BEGINNING at a point on the Easterly side of Sunset Lane distant 75.00 feet Northerly from the corner formed by the intersection of the Easterly side of Sunset Lane with the Northerly side of Sutton Place; RUNNING THENCE along the Easterly side of Sunset Lane,North 27 degrees 38 minutes 30 seconds West 75.00 feet; RUNNING THENCE North 62 degrees 21 minutes 30 seconds East 105.00 feet,- RUNNING THENCE South 27 degrees 38 minutes 30 seconds East 75.00 feet; RUNNING THENCE South 62 degrees 21 minutes 30 seconds West 105.00 feet to the Easterly side of Sunset Lane at the point or place of BEGINNING. 1 f. r .. FORM NO. 3 RECEIVED TOWN OF SOUTHOLD APR 2 202 BUILDING DEPARTMENT SOUTHOLD,N.Y. of Apeal� Zoning Board NOTICE OF DISAPPROVAL DATE: February 21,2023 TO: Martin Finnegan(Acquaviva) PO Box 1452 Mattituck,NY 11952 Please take notice that your application received February 8,2023: For merger determination at: Location of property: 130 Sunset Lane,Greenport,NY County Tax Map No. 1000—Section 33 Block 4 Lot 69 4-10 Is returned herewith and disapproved on the following grounds: The subject lot is merged with the adjacent lot to the south(SCTM# 1000-33-4-70) pursuant to Article II Section 280-10,which states: "Mercer.A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at ;M time after July 1 1983 An adjacent lot is one which abuts with the.parcel_for a common course of fifly(50)feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule Muirements." Authorized Signature CC: file,Z.B.A. J RECEIVED APR 21202 5"I Zonong Board of ppeals For Office Use Only Fee:$ Date Assigned/ZBA File# Filed by: Office Notes: WAIVER OF LOT MERGER APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Feb 21, 2023 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Feb 8, 2023 under Town Code Chapter 280 (Zoning),Article I1, Section 280-10 for: X Building Permit ❑ Permit for As-Built Construction ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Other Owner of Parcel for Waiver: Edna J.Acquaviva, Boni D. Fash,Vincent J.Quatroche Jr. Owner of Adjacent Parcel: Edna J.Acquaviva, Boni D.Fash,Vincent J.Quatroche Jr. Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: Telephone No: Fax/Email Agent for Owner: Martin D. Finnegan,attorney Address: 13250 Main Rd, Mattituck 11952-PO Box 1452,Mattituck Telephone No: 631-315-6070 Fax/Email: M Finnegan@northfork.law Please specify who you wish correspondence to be mailed to, from the above: ❑ Owner, or X Authorized Representative I(we), Martin D.Finnegan,as agent for owners request that the Zoning Board of Appeals waive the merger and recognize the original lot lines under the provisions of Article 1I, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for the purpose of recognizing for Town building purposes Suffolk County Tax Map District 1000, Section 33 Block 4 Lot 69 containing 7,875 square feet located at # 130 Street Sunset Lane, Greenport , as a separate and distinct building parcel from District 1000 Section 33 Block 4 Lot 70 containing 7,875 square feet. The property is located in the R-40 Residential Zone District. a'. D � /alr�}^ul� The lot to be recognized was originally created by deed dated 7/25/1957 , , and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be unmerged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is as large, or greater in size than a majority of the improved lots within 1000 foot distance from any lot line of the lot proposed to be recognized because: Most lots along Sunset Lane are about.18-.20 acres,according to the Southold Town Tax Map Inquiry. Larger nearby lots are also substandard to zoning,with the largest being .4-.5 acres or less. The majority of lots in this neighborhood are substandard to zoning (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: This lot has always been vacant and is currently vacant.No structures from the adjacent improved lot are encroaching onto it. The applicants have owned both lots since 200 with the assumption and intention that they are two single and separate lots. The vacant lot and improved lot have been managed as separate lots since their creation. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: This neighborhood has consistently high density, and this waiver would only increase density by one house at the most. The unmerged lots will be no smaller than many other lots in this district. Please check one or more of the following that apply to the lot to be unmerged: ❑ This lot was formerly approved by the Southold Town Planning Board on (attach copy). ❑ This lot was approved or shown on a map approved by the Southold Town Board during 19_ (attach copy). ❑ This lot was approved by the Board of Appeals on (please attach). X A search of Town records found no approvals or other action by the Town of Southold, except for Application# 4428 in the Year 1996 (please attach copy). X A search of Town records found a Certificate of Occupancy was issued 03 / 25 /1958 for a dwelling or other purpose on SCTM Lot#70 (please attach copy). (Attach additional sheets if needed). RECEIVED fi wne (Parcel APR 2 1.202�. S to before this 15 >` 20 Z3 Zoning Board of Appeals Notary Public aner���rim�-ce � n^ 1 S to bef e,me this day of Apo/ , 20 2� Notary Public SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6409457 QUALIFIED IN SUFFOLK COUNTY WCOMMISSKNN•EXPIRESSEP 28,20 Zy ZBA 3/2012 RECEIVED Addendum to Application for Waiver of Mer er APR 1.202 130 Sunset Lane, Greenport '780 SCTM# 1000-33-4-69 Zoning Board of q ppeals The lot for which a waiver is being sought was created by deed in 1957 (L4411, P565) through which the parents of the current applicants acquired the neighboring lot (#70). Lot 70 which was described and transferred as an individual lot from the larger parcel described in a 1953 deed(L3479, P301). The same party later acquired the subject lot(#69) by a 1968 deed (1,6290, P141). The two parcels were since then maintained as separate lots, one vacant(469) and the other(#70) improved with a single-family home. A deed (L12060, P315) in 2000 transferred both parcels from Vincent and Edna Quatroche to their children, Edna Acquaviva, Boni Fash, and Vincent Quatroche, Jr. Both lots have remained in the same family since their creation, have been maintained as two separate lots, and were never intended to be merged by either generation of owners. In 1996,the parents did attempt to have the lots unmerged and their matter was heard before the Southold Town ZBA. The request was denied,with one board member dissenting. At the time,the Board did not have the option to grant a waiver of merger based on the fact that a given lot had not been transferred to an unrelated person. A review of the legislative history of the amendment demonstrates that the Town Board amended Section 280-11 of the Town Code in 2008 to add this factor as the paramount criteria for assessing a waiver of merger with the express intent of making waiver of merger available to families under the very circumstances presented here. During the public hearing on amendments to the waiver provisions on September 9, 2008, Supervisor Scott Russell said of people who inherited properties which have unintentionally merged, "They are excluded. They are part of the group we are trying to offer relief to... related parties."The waiver of merger code as it was in 1996 was widely considered flawed and left the ZBA with little discretion. It is apparent that the 2008 revisions sought to address that problem so that a waiver of merger would be available to unsuspecting families. The situation in which the Quatroche family finds themselves is a prime example of the very issue this code revision sought to remedy. The two lots owned by the Quatroche family were treated as single and separate, and were then passed on to their children who did not know the lots were considered merged, nor did they know their parents had sought to waive the merger in the past. It was not until their parents passed away that they were made aware of the merger. The Applicants are,therefore, requesting reconsideration of the prior ZBA Determination. The revised criteria in 280-11 empower this Board to grant a waiver of merger based first and foremost on a finding that the lot proposed has not been transferred to an unrelated person. The record before the Board clearly confirms that these parcels remain in the ownership of the Quatroche Family and, upon balancing the criteria in Section 280-11B, It is respectfully submitted that, a waiver of merger is warranted. LOT WAIVER QUESTIONNAIRE "^ What are the square footage and dimensions of this lot (subject of bu' Ing epa m merger application): 7,875 s.f. 105 ft. by 75 +- ft, RECEIVED Date of first deed which created this lot: 7/25/1957 APR 2 1 202 , Sas Date of current deed to present owner: 6/15/2000 Zoning Board of Appeals Owners' names of lot at current time: Edna J.Acquaviva, Boni D. Fash,Vincent J. Quatroche Jr. Date and name of subdivision (if any): None Size of remaining lot in the merger: 1,785 s.f. Were there any building permits issued in the past for this lot: Yes — No X If yes, please provide copy of former permit and map approved. Vti :ere there any County Health Department approvals in the past for either lot? Yes No _X_ . If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes _ No K. If yes, please provide a copy. Were there any other Town actions (approvals or. denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for-a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in any way)? Yes X No -. If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates,the two merged lots? No. X Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? 0 Please note other approvals or other information about common ownership of these -lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: l� 0 �rsig atur ZBA5127199 APPEALS BOARD MEMBERS �O�QSUFfO(KCOG Southold Town Nall Gerard R Goehringer,Chairmano y� 53095 Main Road Serge Doyen CA x P.O.Box 1179 James Dinizio,Jr. p Southold,New York 11971 Robert A.Villa ?jOl► O�Y� Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD APR 212023 Appl. No. 4428 ACTION OF THE BOARD OF APPEALS APPLICANTS: VINCENT AND EDNA QUATROCHE. DATE OF AC ®f Appeals FINDINGS OF FACT: LOCATION OF SUBJECT PARCEL: 1000-33-4-69; 130 Sunset Lane, Greenport. ADJOINING PARCEL: 1000-33-4-70 known as 160 Sutton Place and (#) Sunset Lane, Greenport, improved with a single-family dwelling and permitted accessory uses. CIIARACTER OF IMMEDIATE AREA: Lots which are substandard in size, some larger than the subject parcel and others similar in size. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. PARCEL CREATION DA'Z'ES: Deeded by Quatroche Family on two different dates, in separate deeds: 1957 and 1968. PARCEL SIZES: 7400+- sf. each and 75 ft. road frontage., 100 ft. lot depth. BASIS OF REQUEST: Action of Disapproval issued by the Building Inspector on a request for a merger determination (application for building permit for a fixture dwelling) dated September 23, 1996. REASONS FOR DENIAL OF WAIVER: 1. Adequate proof was not submitted to show intent to build a single-family dwelling prior to the enactment of merger law which has been enforced since 1983. 2. Separate assessments and separate tax bills for 27+- years, and separate purchase dates (two deeds) are not attributable to zoning laws (instead are for building and land assessment and taxes). 3. Lots are significantly smaller than the zoning size of 40,000 required in this R-40 Residential area. ° 4. Nonconforming setbacks would be further reduced if the waiver were granted. Variances would be required to build on the requested lot due to its substantial nonconformities. 5. Common ownership of both lots has existed for 27+- years. DETERMINATION MOTION MADE BY R. Villa SECONDED BY L. Tortora ACTION/RESOLUTION ADOPTED: Denied, as applied. VOTE OF THE BOARD: Ayes: Lydia A. Tortora, Robert A. Villa, Gerard P. Goehringer. (Nay: James Dinizio, Jr. - felt application should be approved). This resolution was duly adopt ). Member Sere Doyen of Fishers Island was absent, as agreed du o the ravel se olved from Fishers Island to Southold. XGERARD P. GOEHRI BER, C IRMAN RECEIVED QUESTIONNAIRE APR 2 y FOR FILING WITH YOUR ZBA APPLICATION ZO2 qua A. Is the subject premises listed on the real estate market for sale? Zoning Board of Appeals Yes _X _No B. Are there any proposals to change or alter land contours? _>CNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? NO 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? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Vacant(Lot 69) Single-family residential (Lot 70) and the proposed use Single-family residential (ex:existing single family,proposed:same with arage,pool or other) e signature and Date RECEIVED AGRICULTURAL DATA STATEMENT APR 2 1202 ZONING BOARD OF APPEALS �(� TOWN OF SOUTHOLD Zoning Board of Appeals WHEN TO USE THIS FORM. 17te forin must be completed by the applic'aut for any special use permit,site plan approval, use variance,..or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district.All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: Martin D. Finnegan 2)Address of Applicant: 13250 Main Rd, Mattituck 11952-PO Box 1452 3)Name of Land O"er(if other than applicant) :Edna J.Acquaviva Boni D. Fash Vincent J. Quatroche Jr. 4)Address of Land Owner: .12 Sutton Place, Greenport 11944 5)Description of Proposed Project: Waiver of Merger 6)Location of Property(road and tax map number): 130 Sunset Lane, Greenport-SCT .- - 7)Is the parcel within an agricultural district?XNo E]Yes If yes,Agricultural District Number 8)Is this parcel actively farmed?XNo El Yes 9) Name and address 'of any, owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numVers on the Town of Southold Real Property Tax System. -Name. ame and Address 1• .Jemco Realty Associates LLC PO Box 67 Greenport(Kontokosta vineyard) 2. 3. 4. 5. .6. (Please use back side of page if more than six property owners are identified.) . The lmignattire obtained " ce,when requested from the Office of the Planning Board at 765- 1938 ppeals at 765-1809.. plicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement 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.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 RECEIVED 617.20 AppendirB APR 21.202 Sliort Environmental Assessment Forma(� Zoning Board of Appeals Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 130 Sunset Lane Waiver of Merger Project Location(describe,and attach a location map): 130 Sunset Lane, Greenport-.SCTM 33.4-69 Brief Description of Proposed Action: To unmerge two siR@�_-and mverate parcels,one being vacant and the subject of this application and the other is improved with a single-family residence. Both are owned by the same family members and have been owned by the same family since the separate purchase of each lot in 1957 and 1968. Name of Applicant or Sponsor: Telephone: 631-315-6070 Martin D. Finnegan E-Mail: Address: MFinnegan@northfork.law 13250 Main Road, Mattituck 11952 City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? { If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. j 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES i If Yes,list agency(s)name and permit or approval: X ' 3.a.Total acreage of the site of the proposed action? .18 b.Total acreage to be physically disturbed? acres 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .36 acres f. 4. Check all land uses that occur on,adjoining and near the proposed action.• ff( Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic o Other(specify): o Parkland i Pagel of 4 RECEIVED Fb. the proposed action, A permitted use under the zoning regulations? NO YES N/A �8a S X Consistent with the adopted comprehensive plan? Zoning Board of Appeals 6. Is the proposed action consistent with the redominant cha X landscape? p is mg ut t or natural NO YES 7. Is the site of the proposed action located in,or does it adjoin a state listed Critical Environmental Area? X If Yes,identify: NO YES X 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 the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or•exceed the state energy code requirements? If the proposed action will exceed requirements,describe design features and technologies: NO YES X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 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? X 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? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X fy h'P types apply:14. Identify the typical habitat es that occur on,or are likely to be found on the project site. Check all-that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands 13 Wetland 13 Early mid-successional ❑Urban M Suburban FWiII the site of the proposed action contain any species of animal,or associated habitats,listed NO YES e State or Federal government as threatened or endangered? project site located in the 100 year flood plain? X NO YES he proposed action create storm water discharge,either from point or non-point sources? X NO YES storm water discharges flow to adjacent properties? ❑NO❑YES >(storm water discharges be directed to established cone ance s stems runoff and storm drains . 3 ' 'M, riefly describe: y y )� '' `:"� " ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of N water or other liquids(e.g.retention pond,waste lagoon,dam)? RECEIVED If Yes,explain purpose and size: X AP 2 12023 19.Has the site of the proposed action or an adjoining property been the location of an active or closed YES ©� solid waste management facility? lard Of Appeals If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor tie: Date:--t o(Y� 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?" ,. tr C. l sI: .;:;t - sX '�:•••,,v'i'i`.-z.s,. - No or ;fi'. •,.. ,,�y. ,,r. .;',' Mod er ate 1 �... ,<.,:..:,;, ....,. .. . ,�:. ..r. ::,: .3,: '::<,., .�,• �_,i %- small to large .,.,. . .-.v":': ..:......::..^.."...... .:' ::..:•, - -'l :.T:`ice m act simpact` may may L*: r it occur .:, ..,:c<�=i.t,t"%3,":,;^r"n,',,"at.:>::;:r',.,':..:};,Lle=�t�:`d.;;, .: •"; occur L Will the proposed action create a material contlict with an adopted land use plan or zoning regulations? i 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? i 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 F 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? 1,1. Will the proposed action create a hazard to environmental resources or human health? E= Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, cumulative impacts. RECEIVED APR 2023 5N D;S Zoning Board of Appeals ❑ Check this box if you have determined,based on the information and analysis above and any y su pporting 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. i Name of Lead Agency Date i 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) j t Page 4 of 4 FORINT NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE SOUTHOLD, N. Y. APR 2' 1 20j3 Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No. .....Z,...7ia......... Date ..................Mr.Gh........25...............1956... THIS CERTIFIES that the building located at Sma41-t..Blvd'A'.+6utt n.R]........... Street Mop No. ...=)M................... Block No. ................ x....... X9. .....�.J- conforms substantially to the Application for Building Permit heretofore filed in this office dated ...................OetoteX.....2 :..........19.5"7...., pursuant to which Building Permit No ...... ........ ., dated ..............00to ar....0..................19,r f..., 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 ............ .........................................PRIV.,M,.DWrUING................................................................................ This certificate is issued to ..1T1'Jfeent.....Quartyc .....4..d3 Er)............................................... (owner, lessee or tenant) of the aforesaid building, ............ ....... Building Inspector i t FORM NO. 2 i i 1 1' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECFrVEo SOUTHOLD, N. Y. APR 2,1 Z� Zon'n9 BUILDING PERMIT Board Of PPeal s (THIS PERMIT MUST BE KEPT ON THE PREMISES YITY)OWg*WkC,JF UNTIL_ FULL COMPLETION OF THE WORK AUTHORIZED) No. .... ,....$3........ Date .................ftt.ob4 ,.....29..............'S57- .... Permission is hereby granted to: A Ruscon Cons truet3on•'Zorpw A/C.--Edna••Q'Iia'tir00hee... Fnrthea...Law.................................................... .............I...........I.......... to ....Build...Ne .w..dwelling............................................................................,. .:........................... ................... ....................................................................... ....................................A. ........................... r �I at premises located at ....ISuns49t,.. .ane...&..Sutton..Flaee............I............................................... ...........................................................ra..eenportj• .N.•t•. ................................`.4. ........................... ..................................................................................................................................f. .......................... a pursuant to application dated ................Octobe w..2�+........................19-5-T-, approved by the Building Inspector. ••A 1, Fee $3,0.00.....paid ...... ....... ......... .Building..lnspe tor......................... �t i 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: EDNA J.ACQUAVIVA (Last name,first name,middle initial,unless you are applying in the name of someone else r other epp�y}sEh as a company.uso,indicate the other person's or company's name.) F(�1. TYPE OF APPLICATION: (Check all that apply) A PR Y 20 Tax grievance Building Permit F Variance Trustee Permit d Change of Zone Coastal Erosion Zoning Board of appeals Approval of Plat Mooring Other(activity) WAIVER OF MERGER plannjng Do you personally(or,through your.company,spouse;sibling,parent,pr-child)have axelationship.with any,officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant(agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;,or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 2022 20 22 Signature J !. --� Print Name EDNA J.AC AVIVA 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: VINCENT J.QUATROCHE JR. (Last name,first name,middle initial,unless you are applying in the nam of someone else or 9enti such as a company.If so,indicate the other person's or company's nam.) RECEIVE® TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit APR 1.2023 Variance Trustee Permit Change of Zone Coastal Erosion [ZoningBoard of Approval of Plat Mooring Appeals Other(activity) WAIVER OF MERGER Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. `/ YES NO v H 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 applicantlagent/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 t� 04,!k 1 Submitted this�:day of VG ,2022 Signature Print Name VINCENT J.QUATROCHE JR. RECEIVED ACQUAVIVA- 130 SUNSET LANE#1000-33.4-69 NpR 2 9 NZ3 FACING EAST 7V Cl W,� T I'lo VIVA- 130 SUNSET LANE#1000-33.-4-69 FACFN NORTHEAST Qj CL CL F ` U A � d � r K _ 11 } r ' Oki ` cam,.°,�- �•� 'J` `-i' . -w ..., Pw t, F .tea • I � I "4Y9� lA�MW � • •• !'953 F.�i�'f y_ �. i �r ��''1 � �" di +tip �- -. r S.• �..04Ell ram>: Y•� i .. •�� �`` s ��>qy�v��'� �;1�, e � y' may. 6�'''-'�d, �a� � �q�'�' _ '�� a}. Ae iV n�.,�, w4°'"�.��..+,P �,��M� /_ Sg Ori / ..� .F } - � •{r r♦ z v _ m +ay w I ..t RECEIVEDb� ACQUAVIVA- 130 SUNSET LANE#1000-33.-4-69 1 FACING WEST APR 2 8 2023 6 gad s. t ♦ b r - R , ," 1 'i��• yam,• ry .[ +�;b. p,� ��'yy�� 1 � A .. . r r 3..'' 1` < :i t. �f Yf i 4•t ,F fl';✓.S�k1)�'� Jam.` - ' � RECEI0 -4 ACQUAVIVA- 160 SUTTON PLACE#1000-33. -70 n� FACING NORTH APR 2 8 2023 Zo o as �. . L.,. - `� lye'� •� � �' — e, x R - s - .a v - r Fi •4w' , q l , y YA � "'' ...gam @4� •s.$xar'iC w'"y ' , xa"e Y'kr 3' ". .'£`,'.. �,r,'Yiaf wpp `'i',y,. P ra��,�,�,x "�'�f �. try ;:.{ ,A.:' �,.gtry'•�e'e e',' i };� r --W • f I • 11 1 � 1 f • Y f 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: BONI D. FASH (Last name,first name,middle initial,unless you are applying in the name of someone else o other entity,suc company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION: (Check all that apply) APR 212j Tax grievance Building Permit Variance Trustee Permit o Change of Zone Coastal Erosion Zoning Board o Approval of Plat Mooring Other(activity) WAIVER OF MERGER Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person 1y 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) `V C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONS Submittt ' daytol �vv,20 22 Signa Print Name BONI D. FASH ADEN T 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: MARTIN D.FINNEGAN .(Last name,first name,middle initial,unless you are applying in the name of someone else or other a tity,sac as company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION:(Check all that apply) Tag grievance Building Permit APR 21.2023 Variance Trustee Permit ��0 Change of Zone Coastal Erosion Zoning Approval of Plat Mooring Board of Appeals Other(activity) WAIVER OF MERGER Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this y of AP 2023 Signature Print Name D.FI RECEIVED Board of Zoning Appeals Application APR 21.2023 �� AUTHORIZATION Zoning Board of Appeals (Where the Applicant is not the Owner) I, EDNA J. ACQUAVIVA residing at 14096 MARRIAN AVENUE (Print property owner's name) (Mailing Address) JUPITER, FL 33458 do hereby authorize MARTIN D. FINNEGAN (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Ll 4� (O ner s Si ature) EDNA J. ACQUAVIVA (Print Owner's Name) RECEIVED APR�21.�23 �Board of Appeals Board of Zoning Appeals Application Zoning AUTHORIZATION (Where the Applicant is not the Owner) I, VINCENT J. QUATROCHE JR. residing at 131 W. FOURTH STREET (Print property owner's name) (Mailing Address) DUNKIRK, NY 14048 do hereby authorize MARTIN D. FINNEGAN (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. 1 (Ownerk4 Signature) e VINCENT J. QUATROCHE JR. (Print Owner's Name) RECEIVED APR 21.2023 gsas- Zoning Board of Appeals Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I BONI D. FASH residing at 4408 CUSTIS DRIVE (Print property owner's name) (Mailing Address) ROCKVILLE, MD 20853 do hereby authorize MARTIN D. FINNEGAN (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) BONI D. FASH (Print Owner's Name) °a Fidelity National Title Me RECEIVE® INSURANCE SERVICES,LLC APR 21.20 3 TITLE NO: 7404-015643 District: 1000 Zoning Board of Appeals Section: 033.00 Block: 04.00 Lot: 069.000 and 070.000 Town-of Southold,New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC certifies that the above-captioned property has been in single and separate ownership by Edna J. Acquaviva,Boni D. Fash and Vincent J.Quatroche,Jr.and his/her predecessors in title since prior to 4/1/1957 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty-Five Thousand Dollars($25,000.00)and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: January 25, 2023 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC JEAADUVA Sworn to before me this 25th day of January, 2023 Notary Public SMCRAJ.GOLEM Notary Pubik;,#01605032487 0uWk C wft N"York Commi6alon E*rn:Aug.29,20 24 Commerce Drive • Riverhead,New York 11901 • (631) 727-0600 • Fax: (631)727-0606 Fidelity National Title RECEIVED INSURANCE SERVICES,LLC APR 21.20 3$ID TITLE NO. 7404-015643 Zoning Board of Appeals STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) JEAN DUVA, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-033.00-04.00-069.000 and 070.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 04/01/1957. SUBJECT PREMISES: 1000-033.00-04.00-069.000 AND 070.000 Edna A Brown and Samuel Levine Liber 3479 cp 301 TO Dated: 02/19/1953 Edna M. Turner Rec'd: 02/25/1953 (premises and more) Edna M. Turner Liber 4411 cp 565 TO Dated: 07/25/1957 Vincent J. Quatroche, Jr. and Edna Quatroche Rec'd: 01/03/1958 (as to Lot 070.000) Edna M. Turner Liber 6290 cp 141 TO Dated: 01/17/1968 Vincent J. Quatroche and Edna Quatroche Rec'd: 01/18/1968 (as to Lot 069.000) FIDELITY NATIONA TITLE INSURANCE SERVICES, LLC Sworn to before me this JEAN D 2;=fJanuary, 2023 NnRNotary Public ppb #Cico�324s7 ftlotery�ft Suffolk County,NOwYOrk 9,2U Commb"Ems'Aug. 24 Commerce Drive 0 Riverhead,New York 11901 • (631) 727-0600 • Fax: (631)727-0606 ='jjj Fidelity National Title RECEIVED INSURANCE SERVICES,LLC APR 21.202 "/ 'gd-S� Zoning Board of Appeals Vincent J. Quatroche and Edna Quatroche AKA Liber 12060 cp Enda J. Quatroche, as husband and wife Dated: 06/15/2000 TO Rec'd: 08/02/2000 Edna J. Acquaviva, Boni D. Fash and Vincent J. (as to Lots 069.000 and 070.000) Quatroche, Jr. LAST DEED OF RECORD PREMISES NORTH: 1000-033.00-04.00-068.000 Edna A Brown and Samuel Levine Liber 3479 cp 301 TO Dated: 02/19/1953 Edna M. Turner Rec'd: 02/25/1953 (premises and more) Edna M. Turner Liber 4370 cp 540 TO Dated: 10/02/1957 Henry F. VanWyck and Nancy VanWyck Rec'd: 10/03/1957 Edna M. Turner Liber 4752 cp 11 TO Dated: 01/07/1960 Henry F. VanWyck and Nancy VanWyck Rec'd: 01/08/1960 Correction deed corrects description in Liber 4370 cp 540. Henry F. VanWyck and Nancy VanWyck Liber 12407 cp 25 TO Dated: 08/04/2005 Jason Allan Harvey and John Alden Harvey, VI Rec'd: 09/01/2005 LAST DEED OF RECORD FIDELITY NATIO7 TITLE INSURANCE SERVICES, LLC Sworn to before me this JEA VA 25th day of January, 2023 otary Public SNDRAJ.GOLESM Notary Pubft#01 05032467 Suffolk Cou*,,NewYYo* _may Commission Ems:AW• `� 24 Commerce Drive • Riverhead,New York 11901 • (631) 727-0600 • Fax: (631)727-0606 f Fidelity National Title RECEIVED .-. , INSURANCE SERVICES,LLC APR 2 1.2023 �7-3a e Zoning Board of Appeals PREMISES EAST: 1000-033.00-04.00-071.000 Edna A Brown and Samuel Levine Liber 3479 cp 301 TO Dated: 02/19/1953 Edna M. Turner Rec'd: 02/25/1953 (premises and more) Edna M. Turner Liber 5220 cp 499 TO Dated: 08/23/1962 George Kofalvy and Mary Kofalvy, his wife Rec'd: 08/27/1962 George Kelly AKA George Kofalvy and Mary Kelly Liber 6983 cp 158 AKA Mary Kofalvy, his wife Dated: 07/30/1971 TO Rec'd: 08/10/1971 George Sabino and Mary Sabino, his wife Frank J. Monastero, Executor of the Last Will and Liber 12354 cp 277 Testament of Mary Sabino, deceased, 04/17/2004 Dated: 10/28/2004 TO Rec'd: 11/12/2004 Bruce Land and Tina Land Bruce Land and Tina Land Liber 12700 cp 451 TO Dated: 07/18//2012 Vlassis Travias and Anna Travias, husband and wife Rec'd: 07/27/2012 LAST DEED OF RECORD PREMISES SOUTH: SUTTON PLACE PREMISES WEST: SUNSET LANE FIDELITY NATIONAL ITLE INSURANCE SERVICES, LLC Sworn to before me this JEAN D 25th d y of January, 2023 ' Notary Public SANDRAJ.GOLEW NAY Publlo,#01G05W246j Suffolk County.New York Commission Expires:Aug.29,20 24 Commerce Drive • Riverhead,New York 11901 • (631)727-0600 • Fax: (631) 727-0606 Bargain and Sale Dred with Covenants Against Grantor's Acts-Individual or Corporation ' ('oNSt1I:r YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE.made the 1J day of June,2000 BETWEEN VINCENT J.QUATROCHE and EDNA QUATROCHE,A/K/A EDNA J.QUATROCHE,husband and wife,both residing at 12 Sunset Lane,Greenport,New York,11944 party of the first part, v _ t:./ ( / EBoard EDNA J.ACQUAVIVA,residing at 202 H Street,South Bdston,MA,02127; BONI D.FASI-I,residing at 408 Gruenther Avenue,Rockville,MD,20851;and VINCENT J.QUATROCHE,JR.,residing at 39 Secle Street,Dunkirk,NY,14048 vf5 party of the second part, WITNESSETH,that the party of the first part,in consideration of TEN($10.00)dollars, lawful money of the United States paid by the party of the second.part,does hereby grant and release unto the party pf the second part,the heirs or successors and assigns of the party of the second part forever, PARCEL 1 ALL that certain plot,piece or parcel of land,situate,lying and being near the Village of Greenport, Town of Southold.County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the easterly line of Sunset Lane,distant in a northerly direction,75 feet from the point formed by the intersection of the northerly line of Sutton Place with said easterly line of Sunset Lane, said point of beginning being the southwesterly corner of land of the party of the first part and the northwesterly corner of the land of the parties of the second part and from said point of beginning RUNNING THENCE,in a northerly direction along the easterly line of Sunset Lane 75 feet to the southwesterly corner of land of Henry Van Wyck, RUNNING THENCE in an easterly direction along the southerly line of the said last mentioned land 105 feet to a point marking the southwesterly corner of land of Stanislaus and the northwesterly corner of land of Kelly, RUNNING THENCE in a southerly direction along the westerly line of land of Kelly 75 feet to a point marking the northeasterly corner of land of the parties of the second part, RUNNING THENCE in a westerly direction along the northerly line of the land of the parties of the second part 105 feet to the point or place of BEGINNING. BEING AND IN,rL:NDED TO 13L the same premises conveyed to the parties of the first part by deed dated 1January 17. 1968 recorded in the Office of the Clerk of the County of Suffolk on January 18, 1968 in Liber 6290 page 141. ii RECEIVED APR 2 1.2023 PARCEL ll All that certain lot,piece or parcel of land situate,lying and being North of the Village o Of Appeals the'Town of Southold,County of Suffolk and State of New York,and bounded and describe BEGINNING at a concrete monument set at the intersection of the northerly line of Sutton Place with the easterly line of Sunset Lane,(said concrete monument also marking the southwesterly corner of lands of the party of the first part).and running thence in a northerly direction along the easterly line of Sunset Lane seventy-five(75')feet to a point;running thence North 62 degrees 21 minutes 30 seconds East one hundred five(105')feet to a point;running thence in a generally southerly direction and on a line parallel to the easterly line of Sunset Lane a distance of seventy-five(75')feet to a point on the northerly line of Sutton Place;and running thence South 62 degrees 21 minutes 30 seconds West one hundred five(105')feet to the easterly line of Sunset Lane,and the point or place of BEGINNING. SUBJECT TO(1)any statement of facts an accurate survey would show and(2)all restrictions and reservations of record. BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated July 25, 1957 recorded in the Office of the Clerk of the County of Suffolk on January 3, 1958 in Liber 4411 page 565. RESERVING,HOWEVER,a legal life estate in the above-described premises(Parcel I and Parcel Il)to the parties of the first part. TOGETHER with all right,title and interest;if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first pari 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 incumbered 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. tl . i�2Q6©X315 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day ai above written. RECEIVED IN PRESENCE OF: APR 2 12023 VINCENTQUATROCHE .. Zoning Boara Of Appeals EDNA QUATROCHE,A/K/A EDNA J.QUATROCHE STATE OF NEW YORK:COUNTY OF SUFFOLK)ss: On the (S-ft" day of June, 2000, before me, the undersigned, personally appeared VINCENT J. QUATROCHE and EDNA QUATROCHE A/K/A EDNA J. QUATROCHE, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signature on the insu•ument, the individuals, or the person upon behalf'of which the individuals acted, executed the instrument. otary P lic JENNIFER B.GOUID • N0.o MPubk Yotk Cam EMW3 Mmth 14'. It .. E RECEIVED )1206OPC315 APR 22023 Number of pages �+rRE rZ�CNIED TORRENS Zonin oard of A eals J00 00 AUG- ' g• PpSerial 11Certificatc8 AX EDY:ARD P,Lr R?REr,I'C R,1.R 07 Prior Of.11 �J9 SUFr OL11. t:;L'?ITY Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee �L!. Mortgage Amt. I landling J I.Ilasic'fax '1'P-584 S 2.Additional Tax Notation Sub Total EA-52 17(County) s Slit)Total �• Spec./Assn. 17A-52 17(State) Or Spec./Add. R.P.T.S.A. TOT.MTG.TAX Comm.of Ed. 5 00 ; LA Dual Town Dual County i r field for Appall ionment Affidavit + ` 'r t♦ Transfer Tax Cerlified Copy _ ?%}(QD�' Mansion Tax The property covered by this tnongage is or Reg.Copy will be Improved by a one or two family Sub Totaly'(� dwelling only. Other YES or NO GRAND TOTA1, If NO,see appropriate tax clause on page 11 /3n of this instrument. e2 `t Real Properly Tax Service Agency Verificalion W 6 Community Preservation Fund* Dist. Section Il lock '' •, l,ol Consideration Amount $ 0 y'ipo. 1000 033.00 04.00 069.000 CPr-Tax Due $ 0 1000 033.00 04.00 070.000 proved x {� RECOVED Initials�tr $ 11D cant Land R 7 Sal isfitclions/Discharges/Releases List Properly Owners Mailing Addre AUG 0 2 210 D _ RECORD&RETURN TO: Jennifer B. Gould, Es 210 Main Street q COMMUNITY D P.O. Box 177 PRESERVATION Greenport, NY 11944 FIEND P Title Company informntion Namc NONE /I 9 Suffolk Count Recording & Endorsement Page 111ispage forms partoftlleatlached bargain and sale deed made by: (.SPECIFY'IYPEOFINSTRUMI NF) Vincent J. Quatroche and Edna Quatroche a/k/a Edna J. QuatrocheIlicpremiseshereinissihiaterlin `SUFFOLK COUNTY,NEW YORK TO In the Township of Southold Edna J. Acquaviva, Boni D. Fash and In(lie VILLAGE Greenport Vincent J. Quatroche, Jr. orIIAMLETof BOXES 5 T1IRU 9 MUST BE 1YPED OR PRINTED 1N 11LACK INK ONLY PRIOR TO RECORDMG OR hILING. rnvr_n� WgASE_"--OR PRESS FIRMLY WHEN WRITING ON FORM INS"OCT101 tp-//www.orps.state.ny.us or PHONE(518)473-722 REAL PROPERTY TRAMNI FER REPORT ( STATE OF NEW Y RR RECEIVED STATE BOARD OF REAL NO SERVICES RP - 52 7 APR 21.2023 rtr"nv n..m r7-85<' 12.+• ` art tfon P1[gce a 1 ;f Zoning oard of Appeals Loutlon NUMBER r I Southold I Greenport 111944 1 CITY OR TOWN VILLAGE or CODE 2.Buyer ' 1 Acquaviva 1 Edna J. and others I A ' Name LAST NAME/COMPANY FIRST NAME LAST NAME I COMPANY RWTNME 3.TaxIndleate where future Tax Bills aro to be sent uatroache Vincent J. and u£ BBling if other than buyer address(at bottom of form) Q Address IAST NAME/coMr FIRST NAME . 112 Sutton Placie I Greenport N7 I 119441 STREET NUMBER AND STREET NAME .-TOWN TOWN STATE LP CODE 4.Indicans the number of Assessment •IOnly if Put 04's ParaD Check as they apply: Roll Percale trandorrod 01 the deed I 2-1.0 of Parcels OR Part of a Parcel ' IA Planning Board with Subdivision Authorrty'Exists ❑ 5.Deed - ` 48,Sdbdfv{on Approval was Requited for Transfer, ❑ Propedy I FRONT FEET I X I DEPTH 1 OR ACRES ��� 4C.Parcel Approved for Subdivision with Map Provided ❑ Size s.sellar uatroche 1 ; Vincent J. and wf I Name LASTNAMEICOMPANY FIRST NAME I I I I LAST NAME I COMPANY FDST NAME ' 7.Check the box below whtch most accurately describes the use of the property at the time of cub: Check the bores below as they apply: S.Ownership Type is Condominium ❑ ' A One Family Residential E Agdcultuml I Community Service 5.New Construction on Vacant Land ❑ 11 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District ❑ C Residential Vaunt Land G Apartment Public Service Ute.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property is In en Agdcuhurel District . r ,a •r - • 15. IF are or thesi eondtlons as @011cablo-to transfer. 11.sero(:ontrxt Date 1 /NONE/ A Sale Between Relatives or Former Relatives LX MOM Day Year B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Date of Sale f Transfer 1 06 / f j / 00 D Buyer or Seller is Government Agency or Lending Institution Month Day Year E Deed Type rrot Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) 73.FLAB Safe Price I Y NONE 0 0 I G Significant Change in Property Between Taxable Status and Sale Dates ; e H Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) . This payment may be In the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.Indleste the value of personal I PONE 0 , 0 I . property fnddded In the sale I oil FIR 1B,Year of Assess6artt Rol from which information taken I Op i 17.Tejd Aniaesaed Value(of all petals In transfer)L—5 .4 D. 0 I 3 1 1' and IS.Property Class 19 -11 .n I-L—J 10.sdwa Disbkt Name I G r o e n p n v-t I 20.Tax Map IderdifierlN f Rall Identiflarls)Of mon than four,attach shoot with additional idamiRertal) 11000-033.00-04,00—D69.000 and 070:01001 I } I certify that all of the items of InfoT7Ttrtion entered on this form are true and correct(to the bat of my knowledge and bellto and I understand that the roaldng . of any willful raise Statement of material fnd herein wlU subject me to the provLtlons of the octad law rdadve to the making and filing of false instruments. BUYER BIMMS ATTORNEY / A , � Gould; Esq.- I: I. °Jennifer B: aUVER SIONA7I�- DATE LAST NAME J FIRST NAME 631 ( 477-8607 STREET NUMBER STREET NAME IAR R SAM AREA CODE TELEPHONE NUMaER �'Fi74tt,�nt R�dF� ttk�•a�E.k'imwiA`• CRY OR STATE tIPCODE t�f+-0-0CrT.SASt7 Aw 9 tAiyu LF'f SELLER ttws `Stl+t l f•A q r ;.y-#s:b'gR0T7.iti#7d h4t/;.i:•f 8i SELLER SIGNATURE LIFE ' RECEIVED 2 • Snadaed N.Y.B.T.t.F.I.�a2—&l—Bar A Sed Sale D�..t v'x[:'o�emo.a,ain.Gena.i,4c�r—ladiei ys1 6 6290 PAGE Z4�o.Coepaystios(,i-.Ie aFP ri) i CONSULT YOUR LAWYER WORK SIGNRtG TM INSTQUMENT—TH)S iNSTIUMENT SHOULD BE USED BY LAVMRS ONLY., y� APR 21 yy2��023 ! THIS INDENTURE,made the , 7 `day of January ,nineteen hundted and Sixty-eight V BEMEFN EDNA TURNER, residing at 3rd Street, Greenport, New York, Zoning Board of Appeals I � Party of the first part,and VINCENT J. QUATROCHE and EDNA QUATROCHE, his wife, residing at Sunset Lane, Greenport, New York, I. t party of the Second part, S wrrNE.SSM,that the party of thefirst in Consideration of Ten Dollars and other Valuable Comideration i paid by the party of the Second part,doe hereby grant and release onto the party of the seined part,the heirs or successors and Bili fins of the party of the second part forever, I ALL that certain plot,piece i or parcel of land . situate,Ift and be+ngladik near the village of Greenport, Town of Southold, i County of Suffolk and state of New York, bounded and described ! as follows: : . BEGINNING at a point on the easterly line of Sunset Lane, distant in a northerly direction, 75 feet from the point formed by the intersection of the northerly line of Sutton Place with said easterly line of Stinset'Lane, said point of beginning being the southwesterly corner of land of the party of the first part and tat, northwesterly corner of the land of the parties of the second part and from said point of beginning RUNNING THENCE in a northerly direction along the easterly line Of Sunset Lane 75 feet to the southwesterly corner of-land of Henry Van Wyck, RUNNING THENCE in an easterly direction along the southerly line of the said last mentioned land 105 feet to a point marking the southwesterly corner of land'of Stanislaus and the northwesterly corner of land of Kelly, RUNNING THENCE in a southerly direction along the westerly line of land of Kelly 75 feet to a point marking the northeasterly corner of land of the parties of the second part, RUNNING THENCE in awesterly direction along the northerly line �1 of the land of the parties of the second part 105 feet to the I i point or place of beginning. 1 3.Iaceraal �� N.Y.DEED—FOCo nth Lien Covenan / Ad[ed i va.uc stamps I I FORM SSI (Lawn o1 1917,Cbsp��dl; p.427.L.—M 19821 THL/tNX 9[cis 7[a[o u.s vwr.orricc ' s t�D u7Ile[dw Wlnf,PuOnane/s.Awl/enYI.N. hi, '� �. 9 a�p4411It 25 � ECEI1/E® �' ✓fade the 25th y of 1 July Nineteen Hundred and fif ty-seven A R 2023 -Between EDNA M. TURNER, residing at Greenport, Suffolk Ccy, / Now York, Zoninc Board of Appeals part y of the first part,and VINCENT J. QUATROCHE, JR., and EDNA J. QUATROCHE, his wife, both residing at Greenport, New York,. as tenants by the en- tirety .. \� part ies of the second part, Wianesseth that the party of the first part, in consideration of Ten Dollars 110.00 ) �. lawful inoney of the United States,other good and valuable consideration paid by the part ies of the second part, does hereby rant and release unto the parties of the second part, their heirs and assi.ns forever, all that certain lot, piece or parcel of land situate, lying and being North of the Village of Greenport, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: mami p, Beginning at a concrete monument set at the intersection of the northerly line of Sutton Place with the easterly line of Sunset Lane, (said concrete monument also marking the southwesterly corner of lands of the party of the first part), and running thence in a northerly direction along the easterly line of Sunset Lane seventy-five (75') feet to a point; running thence North 620211 30" East one hundred. five (105,1) feet to a point; running thence-in a generally southerly direction and on a line parallel to the easterly line of Sunset Lane a distance of seventy-five (751) feet to a point on the northerly line of Sutton place; and running thence South 620 21, 30" West one hundred five (1051) feet tothe easterly line of Sunset Lane, and the point or place of beginning., SUBJECT TO (1) any statement of facts an accurate survey would show and (2) all restrictions and reservations of record. Being and intended to be a part of the premises conveyed by Edna A. Brown and another to the party of the first part-by a deed dated February 18, 1953 and recorded in the Suffolk County Clerk's Office on February 25, 1953 in Liber 3479 of Deeds :at page 301- i .i - • • RECEIVED LL APR 21202 Together with the appurtenances and all the estate and rights of the part Z0f11 9 B�ara S of the first part in and to said premises, Of,appeals To have and to hold the premises herein granted unto the part iss u • t .second part, their heirs and assigns forever. t And said covenant as follows: First, That said seized of said premises in fee simple, and rood richt to convey the same; Second, That the parties of the second part shall quietly enjoy the said premises; Third, That the said premises are free from incumbrances,except as aforesaid. Fourth, That the part y of the first part will execute or procure any further necessary assurance of the title to said premises; Fifth. That said twill forever Warrant the title to said premises. Sixth, That, in Compliance with Sec. 13 of the Lien Law, the grantor 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 intproveinent and will apply the same first to the payment of the cost of the iniproveinent before using any part of the total of the same for any other purpose. In Witness Whereof, the part y of the first part,ha s hereunto set her hand and seal the day and year first above written. �Jn Brest tte of State of New York 1 Be. On, this 29��- day of County of SUML$ f .Nineteen Hundred and fifty-s en b6fore me, the subscriber, personally appeared EDNA M. TURMM to m•e personally known and known to me to be the same person described in and who executed the within Instrument, nd she knowledged to me that s he executed the sa Iau.�v 4.CORYIN NktM PdseMk V6*lie-!"'to of No BMMW� UJ S W Ln C1 o „r .:t 7 C.. LU i •= N . N 00% sv� 11G1i1 ^• ��f��i l H '! I (1' ell J N � Lam, V ti . H h C O 'I 4 l t' °u a � 2 Z f TOWN OF SOUTH®L® PItOPERTY REC®RC 1 (-4-[aa OWNER STREET - _ VILLAGE DISTRICT SUB. LOT Ee�nal AcA wo vout-s 0- FOy�RMEER OWNER N „ 3, E 7 ACREAGE 1 7ce,n � 4 .E 1 4+'`s✓�t,L'.- 1iJ"'" a i:s -i { .v.�`;'k..�a :L.L'F �_. .5 1 >` -F"! l ,f :- ✓ �" '4 td G) S W , TYPE OF BUILDING ,tv r RES. SEAS. VL. FARM COMM. I IND. CB. MI SC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS �orur v/Ln �0/ S ter. 2 Z t / L - �t>'? 'r tom ', � (�'� `".�''t./� $' �,{ f 2...,E,r���r U - � l o>� e!_t omdLe fo.vam AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD t Tillable 1 BULK-HEAD" Tillable 2 DOCK Tillable 3 - N 2 Woodland cQ n Swampland 0-l� Brushland ---- — o G ru House Plot c, Total r TOWN OF S UTHOLD PROPERTY Y R C R T } I +I as OWNER STREET �'1 i) VILLAGE DIST.j SUB. LOT FORMERowKCR N r, a E r ACR S W TYPE OF BUILDING veq •+' r r RES. iSEAS. V VL. FARM COMM. CB. MICS. Mkt. Value j LAND IMP. TOTAL i DATE REMARKS' 12 �a3f5— Cott 2- ' ✓ r �J 6- 1 � �ter` �' y` f 'I L !F r z i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM I Acre Value -Per Value Acre Tillable i FRONTAGE ON WATER Woodland —1-- i j _- FRONTAGE,ON ROAD o Meadowland _ DEPTH �7 j Q tz House Plot j BULKHEAD 004Z m Total— :-5 "� DOCK Y e(' ' I � - - yam}t'cl.'L-',�, r Y, t r'rt—".ry �be'�,.,�-i�>~ • • ,'��\I:t�• `.'. ,V i.f/1. / ,Y.. 7. - t`4,', L` ,� �`• Y A�l,����'.�y•k l!-F'' 7 -i _ VI yt I '✓1,. " . ,;. COLOR y_ .\ i {'; ,.f•.r:.,=f.:'. TRIM �— �,.� ' .� ��.'y r\�a :.i,_,Ha. �--fes 9Yv-�;.i I;./ter -�_�.•l•"�G' AS .. -•i � �` � ( t 77 ;_`yyT-'.,�, WON—1 ,_ 1 ..j ' - - �'"`-'�`-�;3,� �,�ai<w�l�l: 0."ii:''"il•`tx. ,y I I I (,- I �" I i rte.. L �-� � �»;:rte>-;�;, • - ;-,-.: - - _ - ,�;.,.-.. �'"., ; I i I I-�� I Hz;,I XL yI- Al M. Bldg. rad1 3 Extension ✓ .� ! } I j I �' I . '��. 9 _-.-.,� ��)�.% <_ •�� �� '>,s` :r J,�' � !: j.-.,-• 1 I � I I i I I I I i r--';-i—I j I I I i ; Extension i Extension Foundation �i� +Bath Dinette Porch I. (Basement ,�� Floors �(J K. N 1 it Porch I — (Ext. Walls I ✓ , , Interior Finish s IL Breezeway I i (Fire Place Heat ? arage'�,, / Ii-, �! {? } (/ I /y` yT oe Roof ftf Rooms 1st Floor I R 7 �� � �; ti<'['Ir•cJ N'1`j -\ l 1 Ch �!j ! `� fir• U �y�..Y� CL Pa IRecreation Room Rooms 2nd Floor i II B o m 9 .+ O. B. Dormer Driveway i CD Total A i RECEIVED FNNELAN LAW, P.C. APR .2 1.2023 13250 MAN ROAD P.O. BOX 1452 MATTITUCK,NEW YORK 11952 Zoning Board of Appeals (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN§N0PLTHF0PLK.LAW ............................ ......... ............. ...........................................--............... ...... . .. ........ By Hand April 21, 2023 Ms. Leslie Kanes Weisman, Chairperson RECEIVED Zoning Board of Appeals Town of Southold APR 2 12023 P.O. Box 1179 Southold, NY 11971-0959 Zoning Board of Appeals Re: Waiver of Merger Application Premises: 130 Sunset Lane, Greenport, NY 11944 & 160 Sutton Place, Greenport, NY 11944 SCTM # 1000-033.00-04.00-069.000 & 070.000 Dear Chairperson Weisman and Members of the Board: The enclosed application seeks a Waiver of Merger between the two parcels referenced above. Please find a check made payable to the Town of Southold in the amount of$2,000.00 representing the required filing fee and eight (8) sets of the following documents for your review: 1) Notice of Disapproval dated February 21St, 2023. 2) Waiver of Lot Merger application with Addendum. 3) Short Environmental Assessment Form. 4) Owner Transactional Disclosure Forms (3). 5) Agent Transactional Disclosure Form. 6) Owner Authorization Forms (3). 7) Single and Separate Search prepared by Fidelity National Title. 8) Current and prior transfer deeds for both properties. 9) 1996 ZBA Determination #4428. 10) Property Record Cards. 11) Stamped Surveys of each property, prepared by Kenneth Woychuk Land Surveying, PLLC, dated January 12t", 2023. Kindly advise if you require any further documentation regarding this application for a Waiver of Merger. Thank you for your consideration. Very truly yours, RECEIVED APR 21.2023 �0 � ar in innegan Zoning Board of Appeals ZBA CHECK .FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 4/25/2023 Aquaviva,Edna et.Al. 7805 $2,000.00 1234 5/5/2023 7806 Money Order 4/28/2023 Tisdel,Chanet $750.00 28670140326 5/5/2023 rhe 5/3/2023 Lazos,Christopher 7809 $1,750.00 2332 5/5/2023 �1 5/3/2023 Little Poquatuck,LLC 7808 $750.00 2338 5/5/2023 $5,250.00 RECEIVED MAY - 8 2023 SOuthold Town Clerk m of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/08/23 Receipt#: 310096 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7805 $2,000.00 1 ZBA Application Fees 7806 $750.00 1 ZBA Application Fees 7809 $750.00 1 ZBA Application Fees 7808 $1,750.00 Total Paid: $5,250.00 Notes: Payment Type Amount Paid By CK#2332 $1,750.00 AMP, Architecture CK#2338 $750.00 AMP, Architecture CK#1234 $2,000.00 Finnegan Law, P.C. CK#28670140326 $750.00 Money Order Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: AMP, Architecture 10200 Main Rd. Unit 3 A Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID:7808 a3� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ---------------------------------------------------------X In the Matter of the Application of EDNA J. ACQUAVIVA, BONI FASH AND AMCMED VINCENT J. QUATROCHE, JR. #7805 'AUG 3 2023 For a WAIVER OF MERGER pursuant to Z01MIGBOARDO' FA�pp Sections 280-11 +L� of the Code of the Town of Southold ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANTS, EDNA J. ACQUAVIVA, BONI FASH AND VINCENT J. QUATROCHE, JR., IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: July 31, 2023 1 FACTUAL BACKGROUND Pursuant to the Notice of Disapproval dated February 21, 2023, the Applicants, Edna J. Acquaviva, Boni Fash and Vincent J. Quatroche, Jr., ("the Applicants") are seeking a Waiver of Merger of the vacant parcel located at 130 Sunset Lane, Greenport (SCTM# 1000-33-4-69)("Lot 69") from the adjacent improved parcel located at 160 Sutton Place, Greenport (SCTM# 1000-33-4-70) ("Lot 70"). Lots 69 and 70 were originally created in 1953 by a deed from Edna A. Brown and Samuel Levine to Edna M. Turner. Lot 70 was subsequently created in 1957 by a deed from Edna M. Turner to the Applicants' parents, Vincent J. Quatroche and Edna Quatroche (L4411, P565). Lot 69 was thereafter created by a 1968 deed from Edna M. Turner to the Applicants' parents (L6290, P141). Lots 69 and 70 are recognized lots that have remained in the Quatroche family since their creation and both lots have been treated and maintained as separate lots evidencing the family's intent to keep them as single and separate lots. A deed in 2000 (L12060, P315) transferred both parcels from Vincent and Edna Quatroche to their children, Edna J. Acquaviva, Boni Fash, and Vincent J. Quatroche, Jr. The intent of the Applicants'parents to keep Lots 69 and 70 as single and separate parcels is evidenced by their prior application for a waiver of merger in 1996, soon after the adoption of the original Merger Law (ZBA# 4428). The request was denied, with Member Dinizio dissenting. At the time, 2 the Board did not have the option to grant a waiver of merger based on a finding that the given lot had not been transferred to an unrelated person. In 2008, the Town Board amended Section 280-11 of the Town Code to remove the hardship criteria and add this factor as the paramount criteria for assessing a waiver of merger. A review of the legislative history of the amendment demonstrates that the Town Board had the express intent of making waiver of merger available to families under the very circumstances presented here. During the public hearing on amendments to the waiver provisions on September 9, 2008, Supervisor Scott Russell said of people who inherited properties which have unintentionally merged, "They are excluded. They are part of the group we are trying to offer relief to... related parties." The situation in which the Quatroche family finds themselves is a prime example of the very issue this code revision sought to remedy. The two lots owned by the Quatroche family were treated as single and separate and were then passed on to their children who did not know the lots were considered merged, nor did they know their parents had sought to waive the merger in the past. It was not until their parents passed away that they were made aware of the merger. The Applicants are, therefore, requesting reconsideration of the prior ZBA Determination. For the reasons explained in more detail below, the Applicants submit that a Waiver of Merger under §280-11 of the Town Code is warranted. 3 ARGUMENT THE APPLICANT HAS SATISFIED THE CRITERIA FOR THE GRANTING OF A WAIVER OF MERGER UNDER §280-11 OF THE SOUTHOLD TOWN CODE With respect to a waiver of merger, §280-11 of the Town Code provides that: If a lot has merged pursuant to the provisions of§280- 10, the Zoning Board of Appeals may waive the merger and recognize the original lot lines upon public hearing and finding that: A. The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected. Here, as explained above, Lots 69 and 70 have not been transferred to an unrelated person or entity since they were merged by operation of law in 1995. The most recent conveyance of the lots was to the Applicants from their parents who had owned the lots since their creation by deed. As such, the Board can properly find that the lots remain in the Quatroche Family. Section 280-11(B) requires the Zoning Board of Appeals to balance the following factors: 1. Whether the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood. A simple review of aerial photos on the Town's Tax Map Inquiry page confirms that Lot 69 is comparable in size to many of the surrounding parcels, with most lots being substandard in the R-40 zoning district. Most lots along Sunset Lane are about 0.18-0.20 acres. The consistency of the parcel's lot size with the character of the surrounding neighborhood was recognized by the ZBA 4 in 1996 when they described the character of the immediate area as "lots which are substandard in size, some larger than the subject parcel and others similar in size". 2. Whether the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. A review of photographs provided for the record confirms that Lot 69 is and always has been treated and maintained as a separate and independent lot from Lot 70. Lot 70 takes access from Sutton Place and all improvements are confined to that lot. Lot 69 is vacant and has remained so since its creation. The parcels remain separate tax parcels with separate tax bills. 3. Whether the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or District. There will be no perceivable adverse impacts on the physical and environmental conditions in the neighborhood or District. Unmerging Lot 69 from Lot 70 will create one more building lot that will be consistent in size with the lots in the surrounding neighborhood. CONCLUSION It respectfully submitted that the Applicants have satisfied the criteria in Section 280-11(A) and that upon a balancing of the factors in Section 280- 11(B), 80-11(B), a waiver of merger is warranted so that the Applicants can have the property that their parents had intended for them to enjoy. 5 Dated: Mattituck, New York July 31, 2023 Respectfully Submitted FINNEGAN LA , P.C. Attorney. pp ant Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 6 TOWN OF SOUTHOLI) ZONING BOARD OF APPEALS Appeal No. sourjIOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS EDNA J. ACQUAVIVA, BONI D. FASH & VINCENT J. QUATROCHE, JR. (Name of Applicant/Owner) 130 SUNSET LANE, GREENPORT 33.4-69 & 160 SUTTON PLACE, GREEN PORT SCTMNo. 1000- 33.4-70 (Address of Property) (Section, Block & Lot) COLJNTY OF SUI-FOLK STATE OF NEW YORK 1, Owner, (V) Agent MARTIN D. FINNEGAN d/b/a 13250 MAIN ROAD, MATTITUCK New York, being duly sworn, deposes and says that: On the day of JULY 2023, 1 personally mailed at the United States Post Office in MATTITUCK New York, by CERTIFIED MAIL, REETURN 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 (V) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular ri-ht-o f-wav of record, surrounding,the applicant's property. Sworn to before nic this S.CHWEITZER ANNALISE 1,34h day of JULY 2023 -STATE OF NEW YORK NOTARY PUBLIC MY I E NO.OISC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 --O�A"otary Public) MV -------- -----------r ----- PL,I-'--'ASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. U.S. Postal Servic eT Postal N CERTIFIED ■ ECEIT■ . O . ■ NI. mMail I. m Gra_r�itaclt`�,��tY 11944, _,;, >z �.. Q Certified Mail Fee Certified Mail Fee "! m $41 0952 i m $ $4.35-."'. t�� ..�� 0952 $ 12 r��' Extra Services&Fees(checkhox,ad + i Extra Services&Fees(check box,add lee A ate) rq ❑Return Receipt(hardcopy) , �, ,� - ❑Return Receipt(hardcopy). $ I t Q El Return Receipt(electronic) �� <'.' '4_-;{. p [1 Return Receipt(electronic) .$ � 2�Post r f O []Certified Mail Restricted Dellva $ j p ❑Certified Mail Restricted Delivery $ LUL..➢ He C3 ❑AdultSignature Requiredry$� `e I] ❑Adult Signature Required $ • fry O []Adult Signature Restricted Deli ❑Adult Signature Restricted Delivery.$ &A M Postage e� 0 Postage m $ $1.14 .f` es a; m $1.14 '7y7L" m Total Postage and Fees�4 /13�2t�23 m Total Postage and Fees 7J13/2023 $ t,9 5 $9.04 I ru _•----------. ....-._ $ Sent .._......._. � ........._..................................._......... ru Sentru i< C3 ---- Marc Rishe scree si�eei Craig Denicola 130 Tasker Lane 87 Buffalo Avenue Greenport, NY 11944 E. Atlantic Beach, NY 11561 Postal Postal m -� rn Pome stic,Mail Only ru I F lamp ' Cori a 04 , j� /y , r GrAeripd . :=1: Y'Ii 9442t ` Lir!! i) f€z i1 '�•.✓% ':4,: �� I' -' Certified Mail Fee �� Certified Mail FeeM1 5 i■U m $ $4.31 P r� [1952 �m $ ;:: $4.3. •�'� �/t0952 EXtra Services&Fees(check ttc> t..� 12 I Extra Services x,add fee ate ❑ReturRlec ' ❑Return Receipt(hardcopy) $ f I r q hleturtronic) POstm❑Return Receipt(electronic) $jtl� rF< ,4�wa•*,, Vmp ❑Certified Mail Restricted Dellv $ O 'h7 Certificted Delivery $ 2 2023HQ ❑Adult Signature Required erp ❑Adultuired $Adult Signature Restricted Dally�$ �'a•'�u �Y '�� f ❑t�dultLctid II �V ED Posta a �� 1 O Posf�ge h m $ g $1.14 g 52' S m '$1.14 rn Total Postage and Fees 0713/2023 I m Total Posta Fees +Sj V�f y 3���12� � $ ,....,. $9.04 $ ��•�3�~ y ru SI, __.._........_._m-......_._ Sen' o Vlassis and Anna Travias _ m Nancy VanWyck SI' Stre? --------- 53 Blue Jay Drive 34 Sunset Lane -------------- --------- ary, Concord, MA 01742 Greenport, NY 11944 Postal . � 1 o RECEIPTCERTIFIED MA,11L1 , MO OJVY rq Domestic Mail Only :1 :94 a ! ::' �' . `t►or " ;11'944 . ; il Fee M MT 0952 *ri $ervic Fees(c oxaddifeea ?• _ ces&Fees( k pox,a lee 1 1p 'te) (hardcopy ,2.. € , Fgt�rn Re (ha rico $ 1 it Re .&(hard ,< ,, � 9 � p Peturn Reoaipt(electron) s [.]' $ejurn Re (electron ' 2�2J tmark Gad 14AoRestrided e� ere L`enified all Restricted D "r+t ® hry. C5 ,iduIt Slg eRequire ❑Adult Sig lure Required ..� .$ �� �� Adult Sig a Restdcte I, Adult Sig aCureResVictad ary$ O) ED 8 �. ;.m Qostage $1 7-"� m $ � s31,: m ® I l 7 rn 1' Q ' 12023 ` m T stage and r —�7�13�2�.23_ — -_r I Total s ° 04 o $ A. and Karen A.�C ru $ Robert Ghosio Jr. ru n} Se ti sen lark Ghosio -,-- si a No�Po�°Xtra; 35 Sunset Lane �ry(I PO Box 501 cuy,scare,zra+arGail . Greenport, NY 11944 �, Greenport, NY 11944 1� MAILING LIST ZONING BOARD OF APPEALS WAIVER OF MERGER APPLICATION &PUBLIC HEARING EDNA J. ACQIAVIVA, BONI D. FASH, & VINCENT J. QUATROCHE #7805 130 SUNSET LANE, GREENPORT,NY 11944 (SCTM #1000-33.-4-69) 160 SUTTON PLACE, GREENPORT,NY 11944 (SCTM #1000-33.-4-70) 33.-4-70 - N/A ° • OWNER IS APPLICANT ° Er Doin ,m 33.-4-47 - 300 Sutton P1 °' ` Gr e mart ip Ayi' ,.11944 •" Henry A. and Karen A. Clark Certified Mail Fee PO Box 501 j $4.7.5r �l� G9�� $ GreenGreenport NY 11944 1 Extra Services&Fees(cneokbox,add e s ,ate) port, rq [I Return Receipt(hardcopy)'' $ 1 �,,1�*.S C3 ❑Return Receipt(electronic) $ 2023 Po tt�A�L, Q El Certified Mail Restricted Delivery $ �" ° �'`� 33.4-48 - 135 Sunset Ln o ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ ti Robert Ghosio Jr. mPostage Gail A. Ghosio Ip $ i 07/131202=1 - m Total Postage and Fees - --- - -- : 135 Sunset Lane I $9°04 rU sent To Jared Loveless Greenport, NY 11944 1:l Valerie Dzenkowski ) Street and Apt.No.,or PO Box No.� 33.-4-68 - 190 Sunset Ln City,State,z%P+'a®•-------••-••----- 9 Sutton Place Greenport, NY 11944 Nancy VanWyck r 34 Sunset Lane Greenport, NY 11944 U.S1. Po�t�l-ServiceTm I � ® , o REC . 33.-4-71 - 805 Sound Rd ' 17 Vlassis and Anna Travias 1,Er ' ' m 53 Blue Jay Drive Soutltold.i 't�Y 11971 : :_ ;; ; i Certified Mail Fee - Concord, MA 01742 j.m $ $4° } 09'52 Extra Services&Fees(check box,add The late) � j)r"', 12 ❑Return Receipt(hardcopy) $ t' 33.-4-72 - 915 Sound Rd I o ❑Return Receipt(electronic) $ P ❑Certified Mail Restricted Delivery $ �.. Craig Denicola 1--3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ 87 Buffalo Avenue o Postage m E. Atlantic Beach, NY 11561 j m. $ ' 1.14 � �?0? m Total Postage and Fees r n� $ X9`04 Town of Southold ' 1 33.-5-8 - 315 Sutton PI i ti Sent To PO Box 1179 Street and Apt.No.,or PO Boz No. Marc Rishe 53095 Route 25 130 Tasker Lane city state;ZlP+"4� Southold, NY 11971 Greenport, NY 11944 1 SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS . . ERY ■ Complete items 1,2,and 3. A. Signa re ■ Print your name and address on the reverse X Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Recceei ed by(P nted Name) C. Date of Delivery or on the front if space permits. _ r 1. Article Addressed to: D. Is delivery addregs different from item 1? ❑Yes is .. If YES,enter delivery address below: ❑No Town,of Southold PO Box".1179 _ 53095-"Route-25 Southold, NY 1`1971 _._. _ .__ __..__....._...__..._.__..._.___._.... J 3. Service Type ❑Priority Mail Express® I II I IIIIII IIII IIII II II I I IIIIII III IIII I II III III 11 Adult Signature ❑Registered Mail WAdult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 8107 2349 0323 35 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM f ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery _ ❑Insured Mail 7022 3 3 3 0 0001 4 3 4 9 9 3 8 9 er$5oojil Restricted Delivery PS Fdrm 3811,IJuly 20201 PSN 7530-02-000=9053 (j 1 Domestic Return Receipt f 35.-1-1 - 195 Sutton PI Town of Southold PO Box 1179 53095 Route 25 Southold, NY 11971 35.-1-2 - 145 Sutton PI Jared Loveless Valerie Dzenkowski 9 Sutton Place Greenport, NY 11944 SENDER: COMPLETE THIS SECTION ■ Completeitems 1,2,and 3. Agn■ Print your name andaddress on the reverse ❑Agent so that we can return the card to you. ❑Addressee■ Attach this Card to the back of the mailpiece, (Pri ed Name or on the front if space permits. ) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? 13 es I If YES,enter delivery address below: ❑No Vlassis and Anna Travias 53 Blue Jay Drive / Concord, MA-01742 'Iy --- - ---- ---..-- _ . ___.:J 3. ServlCeType ❑Priority Mail Express® II I'lll'I IN 1111111111111111 IN I I I ❑AAdultAdult dult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 8107 2349 0322 81 Certified I O Certified Mail Restricted Delivery ❑Certified Mail(D Delivery TM ❑Collect on Delivery Signature Confirmation- 13 Article Number(transfer from service label ❑Signature Confirmation - _ ) ❑Collect on Delivery Restricted Delivery Restricted Delivery 7022 3330 0001 4349 9433 "suredMail sured Mail Restricted Delivery Ver$500) -PS Forhi:3.81.1;July:9Q20;PSN 7531)-02-001)-,9053 Domestic Return Receipt I - i 20 SFN tee. ■E-R. -OMPLETETHIS SECTION COMPLETE THIS SECTIONON DELIVERY �,W eems 1,2,and 3. A. Signature n,. 5 ame and address on the reverse ❑Agent Mr9an X - ❑Addressee return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? El Yes _.. If YES,enter delivery address below: ❑No Marc Rishe r 130 Tasker,Lane Greenpor-t,:NY 11,944 � 1 3. Service Type ) it I Illlll I'll III I II11 I I I VIII II I I IIIIII I ll I III YP ❑Priority Mail Express® 1 I El Adult Signature El Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' 9590 9402 8107 2349 0323 42 0 Certified Mall(R) Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmatlonTM� ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery - -- --- - --- n'^sured Mail Vier$500'it Restricted Delivery 7022 3330 0001 4349 9372 !,,PS Form 3811;July 2020.PSN 7530-02d00-9053;. Domesfic;Rgtyrn Receip# 8/8123, 12:53 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > 1 Tracking Number: `e 7.;,\ , Remove X 70223330000143499396 � 990 Copy Add to Informed Delivery(hftps:Hinformeddelivery.usps.com/) Latest Update This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Get More Out of USPS Tracking: -n CD USPS Tracking Plus° CL v 0 Delivery Attempt Reminder to Schedule Redelivery of your item a H July 20, 2023 l Notice Left (No Authorized Recipient Available) GREENPORT, NY 11944 July 15, 2023, 9:45 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER July 14, 2023, 3:40 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER July 13, 2023, 8:36 pm Departed Post Office MATTITUCK, NY 11952 July 13, 2023, 2:59 pm USPS in possession of item MATTITUCK, NY 11952 https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70223330000143499396%2C 1/2 8/8/23, 12:54 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > Tracking Number: ���, Remove X 70223330000143499365 ��� Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. m Get More Out of USPS Tracking: Q USPS Tracking Plus° v Delivered i� Out for Delivery !1 jPreparing for Delivery ii Moving Through Network In Transit to Next Facility,Arriving Late j July 25, 2023 I I Departed USPS Regional Facility MID NY DISTRIBUTION CENTER July 21, 2023, 7:54 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER July 21, 2023, 10:23 am Departed USPS Regional Origin Facility NEW YORK NY DISTRIBUTION CENTER July 19, 2023, 10:46 pm https://tools.usps.com/gorrrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70223330000143499365%2C 1/3 818/23, 12:54 PMUSPS.com®-USPS Tracking®Results Arrived at USPS Regional Origin r.' ility NEW YORK NY DISTRIBUTION CENTER July 18, 2023, 11:10 am Departed USPS Regional Facility GARDEN CITY NY DISTRIBUTION CENTER July 14, 2023, 8:30 pm o Arrived at USPS Regional Facilityi�, GARDEN CITY NY DISTRIBUTION CENTER July 14, 2023, 7:17 am 9 Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER July 13, 2023, 8:29 pm Departed Post Office MATTITUCK, NY 11952 July 13, 2023, 2:59 pm USPS in possession of item MATTITUCK, NY 11952 July 13, 2023, 12:01 pm Hide Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70223330000143499365%2C 2/3 8/8/23, 12:57 PM USPS.com®-USPS Tracking®Results i USPS Tracking' FAQs > Tracking Number: r �,v�- Remove X 70223330000143499402 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 1:16 pm on July 17, 2023 in GREENPORT, NY 11944. Get More Out of USPS Tracking: m CD USPS Tracking Plus® C v 0 Delivered Delivered, Individual Picked Up at Post Office GREENPORT, NY 11944 July 17, 2023, 1:16 pm See All Tracking History Text & Email Updates u USPS Tracking Plus@ u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gorrrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70223330000143499402%2C 1/2 8/8/23, 12:57 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > Tracking Number: Remove X 70223330000143499419 ��r� Copy Add to Informed Delivery(https:Hinformeddelivery.usps.com/) Latest Update Your item has been delivered to the original sender at 2:39 pm on July 28, 2023 in MATTITUCK, NY 11952. m Get More Out of USPS Tracking: Q USPS Tracking Plus° v Delivered Delivered, To Original Sender MATTITUCK, NY 11952 July 28, 2023, 2:39 pm See All Tracking History Text & Email Updates USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70223330000143499419%2C 1/2 8/8/23, 12:56 PM USPS.com®-USPS Tracking®Results r USPS Tracking FAQs > Tracking Number: V� Remove X 70223330000143499426 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 9:48 am on July 15, 2023 in GREENPORT, NY 11944. 1 m Get More Out of USPS Tracking: Q USPS Tracking Plus® 0 v Delivered Delivered, Left with Individual GREENPORT, NY 11944 July 15, 2023, 9:48 am See All Tracking History Text & Email Updates u USPS Tracking PlusO u Product Information u See Less n Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gorrrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70223330000143499426%2C 1/2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING EDNA J. ACQUAVIVA, BONI D. FASH &VINCENT J. QUATROCHE, JR. (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK i. TYLER ARMSTRONG d/b/a 13250 MAIN ROAD MATTITUCK New York, being duly sworn, depose and say that: lamthe ( ) Owner or(N4 Agent for owner of the subject property -th On the 2-(9 day of JULY 2023, 1 personally placed the Town's Official Poster on subject property located at: 130 SUNSET LANE 160 SUTTON PLACE GREENPORT, NY 11944 GREENPORT, NY 11944 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 orthe application or petition, the nature or the approval sought thereby and the time and place of the public hearing thereon. The sign shall be setback 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 AUGUST 3, 2023 AT 10:1 OAM --— (Oumer/Agent Signature) 4% Sworn to before me this Day 01- JULY (Notary Public.) SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01SC640945 QUALIFIED IN SUFFOLK COUNTY / MY COMMISSION EXPIRES SEP 28.20 '411 r. s" � $ 4 Pig d mr-M1,10i a - ��' '� vP ` NOTICE OF HEARING application will be heard by the Southold Town The following peals at Town Hall, 53095 Main Road, Southold: Board of App ¢' =�S ;irk` ti The application will also be available VIA ZOOM WEBINAR- r y, ov/calendar Follow link http..//southo NAME: ACQUA VIVA, EDNA ET. AL. #7805 f #: 1000-33-4-69 & 70 �. ., gCTM ERGER �°° �4r'�y'�t�► A VARIANCE: WAIVER OF M ��`Q ,��t �F. ,� . FROM LOT 70 0 1. .�t�s .,- E L R Irl = �• REQUEST: UNMERG OT 69 F v}' 5✓`! I G. 3� 2023 10:10 AM !A THURS. AU �y 7 `� y i �' 4. 0— DATE: 631)765.1809 ► �` ,eview the filals)on the to ZBA web C)tftce Tttl n one twn)7 5.180weblink:ZBAIBoard � � �'j +. ` �{ You mays 4�J p� �4 Ar-tinn,lPending ` r a e qr N ld'�` "• f {�,�,y 4�i + b �5 ���L� e. • ,j!! 'f J v' � 'i �\ter.' #�i� i. Vis:.#I i►,'..^.�a -:Q 1: .. .. ..� L. 1 ,I� � SFr ` R �`o• "�� vas. +. _ �'.'���� f '-r.� � .��«-'t� �w,• R� +'.. • f . VIW •Iraw OF 7 f� • ,� 1 .r i' Y.. art y �r oep 14 � �,. r � � �.. r•E••. �+ '�,7�. .+.�'� � .1�! '� � MSS a �l.i .t� � - � 1 '�9;�F 1 fir "mow"` r r.:11�� !/.•Y ?!ct ?. ,J .�. ♦.'1 �� t� _'j +, 4H� � � 6� sof .✓ `r,�s1• ' � �• 7 f`�4 .� a 5�4rK Y���' ���•a �Z�� �.�fk � -!~ If t�4.r� �zt,<. ��" -. , y t \�$���,.f :.•�'�i r�_. '�`�' z�• ,1 ;� 5�':`4'���,C.+ - � S" t�' •1. �r•�; _ d `y.lr aT, � '1 �f�Y y,• r'tr '`e ! Jt t,. > x' �t* ✓�.� a �a�►!•��! ..Y.. -h.. i`:S � .a �''�,•:!,�� ��i.t� �, �0. � �,1��' �, a h r, «, ..,yam+{. ii'n. y .. M •. f1 '' ate' y .. `�.Si' rM`' f. �•1 ;,� ,,,�,. w•- '} ,# tea � - ��.`� �. • �, n � �, ,yam ik Fl- �',..:. T p '� Wit•:• ..`.. - , � �� K"V►y�.%�„ �{'�� r ^si �c'e'.� e ti *;�tft4"•rt in�y�.� i4 ~ I.. 1 �- �y a ry ,...,,,; -` � � '` ,� .aka ��^a�.• 3�,t�b<; ' !� - - • 7"71. ,r i w , i x � =F fi ._ w ��• ����#"F � .'-"'e'",•' �,i „,� d "�" "J1" "�+ F,. ♦ �,y - �i : • b �f ,_ ' °gyp � � A . eS Iman. h e k ♦ � t�} to rpt-A 4 ! *'OK 1p 777-',' A117- Nt 4 ' — w qV� s P� �{ 37121aed-6c09-492a-b5f3-909a4c7b6dab kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,AUGUST 3,2023 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, AUGUST 3,2023: 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 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.-PANTELIS AND DOROTHY SCOUFARAS #7797-Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 23,2023 Notice of Disapproval based on an application for a permit to construct a raised patio with gable roof attached to a single family dwelling which will place the existing accessory garage in a non-permitted side yard;at 1)accessory garage located in other than the code permitted rear yard;located at: 305 Ole Jule Lane, Mattituck, NY.SCTM No. 1000-114-12-14.2. 10:10 A.M.-EDNA J.ACQUAVIVA, BONI D. FASH,VINCENT J.QUATROCHE,JR.#7805-Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000- 33-4-69 which has merged with SCTM No. 1000-33-4-70,based on the Building Inspector's February 21, 2023 Notice of Disapproval,which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at anytime after July`1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft.in the R-40 Residential Zoning District); located,130 Sunset Lane, Greenport, NY.SCTM Nos.1000-33-4-69 and 1000-33-4-70. 10:20 A.M.-CHANET TISDEL#7806-Request for a Variance from Article III,Section 280-15;and the Building Inspector's April 13,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard; located at: 905 Ninth Street,Greenport, NY.SCTM No.1000-48-2-29. 10:30 A.M.—MICHELE SASSO AND JAQUELINE JONES#7807- Request for Variances from Article IV, SOUTHOLD TOWN BD OF APPLS 2 I 37121aed-6c09-492a-b5f3-909a4c7b6dab I<imf@goutholdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-18;Article XXIII,Section 280-124; and the Building Inspector's April 24,2023,Amended May 2, 2023 Notice of Disapproval based on an application for a permit to construct alterations and additions to an existing single family dwelling;at 1)located less than the code required minimum front yard property line setback of 35 feet;2) located less than the code required minimum side yard property line setback of 10 feet;3)more than the code permitted maximum lot coverage of 20%; located at:4525 South Harbor Road, Southold,NY.SCTM No.1000-87-1-6.4. 10:40 A.M.-MEGAN BARRON,COTTAGE#15 BREEZEY SHORES#7810-Request for a Variance from Article XXIII,Section 280-123;and the Building Inspector's April 28,2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1)a nonconforming building containing a nonconforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use,located at:#15 Breezy Shores,65490 Main Road(adj.to Shelter island Sound)Greenport, NY.SCTM#1000-53-5-12.6 10:50 A.M.-THOMAS AND KATHLEEN BURKE#7811SE-Applicants request a Special Exception under Article III,Section 280-136(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:780 Deep Hole Drive, Mattituck NY. S CTM#1000-115-12-11. 11:00 A.M.-AGUSTIN AND MELISSA ROMO#7812-Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's April 25,2023 Notice of Disapproval based on an application for a permit to construct a deck addition with a canopy attached to an existing single family dwelling; 1) located less than the code required minimum secondary front yard property line setback of 25 feet; located at: 1820 Wells Avenue,Southold, NY.SCTM#1000-70-3-20. 11:10 A.M.-LAWRENCE C.AND JEANNE M. PROVENZANO#7813-Request for Variances from Article III, Section 280-15;Article XXIII,Section 280-124;Article XXXVI,Section 280-207;and the Building Inspector's April 10,2023 Notice of Disapproval based on an application for a permit to construct an accessory in- ground swimming pool,and construct additions and alterations to a single family dwelling including a second story addition, and a 31.5 sq.ft, outdoor shower; at 1) pool located in other than the code permitted rear yard;2) additions more than the code permitted maximum lot coverage of 20%;3)additions located less than the code required minimum rear yard setback of 35 feet;4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 555 Three Waters Lane,Orient, NY.SCTM No. 1000-15-7-10. 1:00 P.M.-9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804-Request for a Variance from Article XXIII, SOUTHOLD TOWN BD OF APPLS 3 I I 3712laed-6c09-492a-b5f3-909a4c7b6dab I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-124;and the Building Inspector's March 30,2023 Notice of Disapproval based on an application for a permit to construct a single family dwelling;at 1) located less than the code required minimum front yard setback of 50 feet; located at:9450 Main Bayview Road,Southold, NY.SCTM No. 1000-87-5-22. 1:10 P.M.-MARY KATHLEEN MARTIN AND PHILIPPE VAILLANCOURT #7815-Request for a Variance from Article III,Section 280-15 and the Building Inspector's May 11,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard;375 Mill Road, Mattituck, NY.SCTM No. 1000-113-3-7.3. 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/webl i nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: July 20,2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179,Southold, NY 11971-0959 4 SOUTHOLD TOWN BD OF APPLS i i 37121aed-6c09-492a-b5f3-909a4c7b6dab I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, 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: July 27,2023 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. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 27 day of July 2023 4otary�ignaturj0 `,,,,upp,�t�,,,,y,',� 00 II STATE OF NEW YORK ' e ;1\OTARYPUBLIC N G ALBANY nO 0IRE6398441 O Notary Public Stamp SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson SO 53095 Main Road•P.O. Box 1179 Patricia Acampora �� 1p Southold,NY 11971-0959 Eric Dantes 4 4 Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento O 54375 Main Road(at Youngs Avenue) liyCOU � 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, AUGUST 3, 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 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. AUGUST-3, 2023: 10:10 A.M. - EDNA J. ACQUAVIVA, BONI D. FASH, VINCENT J. QUATROCHE. JR. #7805 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-33-4-69 which has merged with SCTM No. 1000-33-4-70, based on the Building Inspector's February 21, 2023 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, 130 Sunset Lane, Greenport, NY. SCTM Nos.1000-33-4-69 and 1000-33-4-70. 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/webl i n k/Browse.aspx?d bid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: July 20, 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 �ed�'1, Town Hall Annex, 54375 NYS Route 25 d P.O.Box 1179 +' Southold,New York 11971-0959 �r Wl�'VF, Fax(631) 765-9064 49 ri ZONING BOARD OF APPEALS DATE: July 3, 2022 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 August 3, 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 rPLEASE�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 donne no later than July 26, 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 adiourned 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 July 26, 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 R xeceR pt 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 July 17, 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@southoldtownn gov or elizab6th.sakarellosgtown.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. Surveyor 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 https://southoldtownny.gov/DocumentCenter/View/9694/TentativeRo112023 PORTANT INSTRUCTIONS: Scan_and email the USPS mailing receipts; green'signature cards.and affidavits to 'kimf(7a s6utholdto*.nny.2ov; and ** PROMPTLY USPS MAIL** the ORIGINALS toi ;the Town'of Southold,ZBA,P.O.BA-4179, SouthoK.NY 11.971. 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 s'- Laserfiche Instructions for Zoning Board of Appeals Records a Tows: t i f NEW YORK gI0�1� ied!(h 4 SMAL MMU Govcrtunent Sc vires isititt Flow Do I..- J3 r {� awmrr tf6i , lh9R. - •�dr�. Cd. '/i�t '=its✓ _ 'f _ �;,,.. " F •e'� 7bvt cco ','7r .',.m I'No, .M,f ..d., itdns`&;�' ,?oivriCoiic,-'^-�Cfitlln �riicrtts,�-y R fu'ti 2 2 tes: 'Pati tvhnlLv, 1ehlitFitaiciScke. Fb+msiaFtClta r :iineiSiaiinnw.-..-,..�.o...,.......�..._„':.ru`�..:t,...i�;::::i�..:_,...:;'.•._..�5.:.;s;w'.,'oi_,.......slnntinna:«........;.:.�.c.:.._..:.:.;..�....,...-:s.:.«i.:c:.�.:.::a.; Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche LaserficheYJz6Link • >nyweounr•%• p'rbm,t;s,Vcu( Home Browse Search Townofsouthold Name TownOfSouthold Page ccunt � -- - •- -- - ,',�Town Clerk S EntryPmpertles .. _.._....._ ._._._... Town Historian Path rJ Trustees Toe.notScuct�:,M Zoning Board of App=31i(Z6t) Creation date _ .. .... ... ... ..... . Si5.2CtG 7752:4`AM Page 2 of 2 Fin[ a 2 j 29 Entries Last modified W 2120 2 Metadata ho:xrt'tadan a�awl ex,..,•.-urv:•-,..,m-yee-..,e:yf..,..,..,.r..;.,....vx.r.t:,.n..,.0. ..,n.,_ 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 Laserficho%Vehlink I.ly\7^Hunk 1 Help I About r Sign out Home Browse Search IownGfSo-imold>Zoning Board of Appeals(ZBA) ,.: Zoning Board ofAppeais Name Page wunt 'Te,iiplatepame (ZBA) Alphabetical index 2 Entry Properties Board Actions e�Lasers he Search Guides Path i Meeting Sclredules Tc%,OfroutlxildeZonLig Eoar.. of Appeals(ZBA) Mmutes/AgendasrLegal NoncesrHeanngs Creation date ! Pending Or.00112:4':11,PM . i Repans Last modified 5/23,12017 11:07:1.1 AM c:.!Special Event Perm;" , L=;1 Tralnng Requirements ZBA OfricWS 2 McWdaW Uzi ZBA Polities !!R mel:Yda1::Y.a.5iJr1Pd i.l Exceotions List Code 280-10C(3) 1 Jurisdiction Llsting 1 - ZBA Book of Mapped 1977 Existing Lots 439 ocedure&ResuM. ccmRmWJPaP-smeaistls�2 DI Bulk Schedules ._ 5 - .._ _ Agreements.Contracts 8!eases .. , Page 1 of 1 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. Laserfiche We6Link ;v'_ a MywebLnk 1 he:p aac2.5',041 Home Browse Search formOf'.,outhoio Zoning Board of Appeals(:EA!>Board Actions Board Actions Name Page count Template name ' - !957-1979 2 Entry Properties :—!1980-1999 Path „^�.2000 Torr:i6fScu'::OIC-Zt'r u^.53 Bc;ru Of Apref.5 CBAiu3L irti A:tirrlr, i 2001 Creation date 2002 2003 Last madded _' 2004 3/2812017 1!'6:0.AM 2005 2 Metadata 2006 S 2007 .:0 metndaru ass;ne9 v 2008 2009 8 Resultr---1 i 2010 2011 j 2012 2013 2014 2015 L 2016 y1 2017 Pending ..................... ... ... ... .......... .. .... .... .. .. ....... ... ... ...... . .._.. .... ..... .. _._. .. _......_. ....... .w.AealWtnecomTie+RhiPaP:mm�U[cl ems....t..!t -••�_•�_� Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 .,—,e sea- zon1li -d 020,7 '2 2017 Namr ..W-t s 367 3— Envy P.Pe"Its 65,—a ..-xn1— Path Is —d Huam —d—anx C-111 date t, Id 7011 7s ..ni oceans L—Jifi�d 17—M 1j)6!s 9) a6ard,motu 7w. so —d A— an Id oceans —d omnis d m23 335 and '<ua se board among TGIs 21. 1. s! 7026 ..'d An.— t—d Above: See listed File Numbers. Click on file you are searching. cashel Above: in addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link Cashel M Home Browse Search CijslCrn,,e S—ch Sort results by: Relevance Records Management Search 7016 Field r— Board Actions-83 bagels) Choose Field Page count:83 Template name:Board Actions Reset Page 3 Colin and Kristen Cashel PROPERTY LOCATION:152'-ower Shingle HJI.Fisher Dage 4 191017 x7016.Cashel SCTIM No.1000-9-1.26 minimus approval to Page 5—y 19.2017 47016.Cashel SRM No.1000.9"1-26 GRANT,the variances as.. Search terms Page 9...CONN&KRISTEN CASHEL SECTION 009 BLOC.. Dago 20...Thomas AhIg,an(Cash,0.PO Box 342 Fishers Isia,d.NY. Show more information 7018 Board Actions-56 pagc(s) Page count:56 Template name:Board Actions Pa,,e-13-9:30 XM:COLIN CASHEL AND Variances underArtcle ld,Sectlon ANN... Page 48—ance(s)KRISTEN CASHEL#7016-Request proposed trellis located in other tha... z Show more information 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 1000-111.4-1. Laserfiche Instructions ZBA Files Page 4 LaserficheWebLink '� dyv.�m n [1 ep ,I-A s1 Home Browse Search T0lvnofSouthold>Zoning Board of Appeals(ZBA)>Minutes/AgendasdLegal NoticeslHeadngs Page count iemptata name �' Minutes/Agendas/Legal Name Notices/Hearings 071957-1979 ._. .---------------. _.."_. . A Entry Properties .`-}1980-1995 ___....__.__. .... 20002009 Path L1 2010 .. To:vr:O:So[rthcidlzonnL¢_Board of Appeuis [r,2011 {ZBA),Mlnutes/%t„nend'v,,ega! Notice,11-teanng; Cw7'012 . Creation date tj 2013 711M2001 257:4(1 PM in 2014 Last modified 2015 12116•.^.015 v'^5:14?ht �:016 R Metddatd 2017 NO met3data arUgned Page 1 of 1 11 Entl .av++•.. w.-.s+.a > civ n..aslir•15J l;'5[M°W.•�,.�a nr...f Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche WebLink I rty webhnlc: Help About Home Browse Search To in0fSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Headngs>2017 2017 Name Page count Template name _•ZB.A-01/05/2017 Entry Properties Z9.4-0110512017 Ag.nda 4 Path j ZBA 0110512017 clearing 40 Town0f5outholdlZoning BoarrJ Of Appeals ,y Z8.4-010512017 LN 3 1'LBAi4.linoteStAgentldYL'ga: j ZBA-011192017 2 `:o0ce5/hleanng5`201-i ZBA-01/19/2017 Agenda - Creation date ID%i20151.15.1 d PM ZBA-020212017 7 Last modified ,"j ZBA-02r021ZO17 Agenda 4 6/792017 4:53:59 PM ZBA-02/02/2017 Hearing 45 2 Metadata ZBA-02/022017 LN 3 ZBA-0L1612017 Agenda 3 No metaddta assignetl e,ZBA-02/16/2017 Special 3 :ed—&R—lu ,",j ZBA-03/022077 7 uNh<ahhJpap•smmr:Uses2 ,✓ZB.A-03/022017 Agenda 4 y ZBA-03102/2017•leaning 65 ZBA-0310212017 LN 3 ZBA 0 311 6/20 1 7 Agenda 3 ZB.A-03116/2017 Special 3 ZBA-04/062017 5 ZBA-04/062017 Agenda 4 -,�ZBA-041062017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. i4UT1 (m, J----, Ur - ,A ;Irl " ie following application will be heard by the Southold Town E oard of Appeals at Town Hall, 53095 Main Road, Southold: " ie application will also be available VIA ZOOM WEBINARM F linkmhttp://southoldtownny.gov/calendar . ' AME : ACQU "IVA, EDNA ET .- AL . #7805 3CTM #mE 1 000-33-4-69 & 70 ' VARIANCE: WAIVER OF MERGER FEQUESTNE UNMERGE LOT 69 FROM LOT 70 DATE : THURS . AUG . 312023 10: 10 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-7809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®f $®��� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantest Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® 54375 Main Road(at Youngs Avenue) Y ®��C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 August 23, 2023 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 Re: ZBA 47805, Acquaviva 130 Sunset Lane, Greenport SCTM No. 1000-76-33-4-69 & 70 Dear Mr. Finnegan; Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board of Appeals, rendered on August 17, 2023. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH ALL CONDITIONS OF APPROVAL. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. Sinc re , Kim E. Fuentes Board Assistant Enc. cc: Building Department S.C.T.M. NO. DISTRICT: 1000 SECTION: 33 BLOCK: 4 LOT(S): 70 DISAPPROVAL, \ N� T 01 LAND NIF OF �Q�j EDNA J.ACQUAVIVA `s BONI D.FASH �S VINCENT J,QUATROCHE JR, S . LAND NIF OF 0 VLASSIS TRAVIAS u� ANNA TRAVIAS �o O WOOD \\ 620 DECK \ �s ................. .... :::::::::::::::::: \e' 362 •:•;•:•;•;•;•'''''''''•'•'•'•'•'•'•'''''''''' 29g s ':':'1 STY FRAME .'. •�O GARAGE•.:•:•. ..... .......... ..... •.... U.P.`� DWELLING#160 / '•'•2�6 ...................... \p� MON, ............ 5 0�, .(n. 75- 0 02 62 �. �O 0V' W.V. 0 0 W.V. U.P. THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVA71ONS AND OR DATA OBTAINED FROM OTHERS. AREA:7,875.00 SQ.FT. or 0.18 ACRES ELEVA77ON DATUM.- UNAUTHORIZED ATUM:UNAUTHORIZED AL7ERA77ON OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA71ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE T17LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO 774E ASSIGNEES OF 774E LENDING INS77TU770N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO 774E STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE ]HEREFORE THEY ARE NOT IN7ENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE 774E EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND 07HER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCIVRES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON 774E PREMISES AT THE 77ME OF SURVEY SURVEY OF:DESCRIBED PROPERTY CERTIFIED T0: EDNA J. ACQUAVIVA; MAP OF: BONI D. FASH• FILED: VINCENT J. QUATROCHE JR.; SITUATED AT:GREENPORT TOWN OF:GREENPORT KENNETH M WOYCHUK LAND SURVEYING, P SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design + P.O. Box 153 Aquebogue, New York 11931 FILE #223-04 SCALE: "=20' DATE:JAN. 12, 2023 PHONE (831)298-1588 FAX (831) 298-1588 N.Y.S. LISC. NO. 050882 u(LV 1 V v_ vfi XI. 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P 034 DISTRICT NO 10()o 4 1 PROPERTY MAP CONVERSION DATE Aug,5,20H