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APPEALS BOARD MEMBERS ��� ��O��et��;
11 $' !�#• Southold Town Hall
Lydia A.Tortora,`,� - 53095 Main Road
%Gerard P. Goehringer g P.O. Box 1179
George Horning �� Southold,New York 11971-0959
Ruth D. Oliv4 Chairwoman � � ®�'��'� ZBA Fax(631)765-9064
Vincent Orlando = •4 C si'i Telephone (631)765-1809
•I http://southoldtown.northfork.net
BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD ,iS/9/n
FINDINGS, DELIBERATIONS AND DETERMINATION HIV 22 MEETING OF AUGUST 21,2003 _� -i;,
`sem ; /f
Appl. No. 5331 - HELEN THEOHARIS `
Street & Locality: 1625 and 1745 Stars Road, East Marion Southold Town Clerk
County Tax Map ID: 1000-22-4-10 (Stars Manor#12); 1000-22-4-11 (Stars Manor#11).
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total merged area of 40,786 sq.ft., identified as
10 and 11 on Section 22, Block 4, of the Suffolk County Tax Maps. The land is vacant and is located at the intersection of
Willow Drive and the west side of Stars Road in East Marion. This property is a single, combined area that meets the
minimum code requirement for a lot size of 40,000 sq.ft, in this R-40 Low-Density Residential Zone District.
BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's February 18, 2003 Notice of
Disapproval stating that County Tax Map Parcel Numbers 10 and 11 are merged pursuant to Section 100-25 which states:
"Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has
been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one
which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming
lots shall merge until the total lot size conforms to the current bulk schedule requirements."
RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM 10 from CTM 11, each with an area
of 20,393 square feet and a minimum frontage of 119 feet along the west side of Stars Road.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral
evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other
evidence,the Zoning Board finds the following facts to be true and relevant:
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials
submitted and personal inspection, the Board makes the following findings:
1. Grant of a waiver to unmerge a land area of 20,393 sq. ft. from the existing 40,786 sq. ft., is not
consistent with lots in the neighborhood.
Neighborhood lots to the west (CTM 31, 32, 28) of applicant's property consist of a minimum
area 40,000 square feet, and each are improved with a single-family dwelling.
The applicant's property is vacant land which has been in common ownership consisting of a
total area of 40,786 sq. ft. since it was acquired in 1965, and up to the present time. The southerly
20,393 sq. ft. portion of the existing 40,786 sq. ft. lot was never held in single-and-separate ownership
at any time between 1965 and the present time, as confirmed by the title search prepared by Peconic
Abstract, Inc. dated February 11, 2003.
Page 2-August 21, 2003
Appl. NQ. 5331 -Helen Theoharis
1000-22-4-10, 11 at East Marion
Information was submitted by the applicant's attorney during the June 19, 2003 hearing that
the applicant's husband Steve, 50% owner of the property, died in May 2002, at which time the
applicant, Helen Theoharis, as surviving tenant by the entirety, is the 100% owner in title. It was also
noted that the applicant's situation requires her to obtain approvals to sell one of the former 1963
subdivision lots, and she wishes to retain the lot for her family's use.
Although the former subdivision map of Stars Manor shows the applicant's property in 1963 as
two lots (#12 and #11), the property has contained a total area of 40,786 sq. ft. area under the zoning
code provisions dating back to at least 1978, requiring single-and-separate ownership. The 20,393
sq. ft. size for which this waiver of merger is requested was not on any subdivision listed on the
Town's Lists of Excepted Lots in effect since 1979.
Less than 39% of the lots in the immediate area (adjacent to this property shown on the 1963
subdivision map of Stars Manor and adjacent to this property shown on the subdivision map of
Highpoint at East Marion, Section Two, Inc.") are improved with dwellings.
2. Proof was not submitted to show that a waiver will avoid an economic hardship.
The town's assessment records show that the applicant(s) in 1965 acquired the vacant lands
by deeds with a value of$2,000 for each ($4,000 for 40,796 sq. ft. of land).
The record does not demonstrate proof that there were good faith intentions, since 1965, to
separate or maintain the properties as separate lots or any good faith intention to build two separate
dwellings on the two 1963 subdivision lots, since 1965, except that a contract of sale was entered into
September 27, 2002 to sell CTM 10 for$132,000.
During the June 19, 2003 hearing, it was confirmed by the attorney for the applicant(s) that it
was not until 2002, when the applicant's husband died, that the lot was placed on the real estate
market for sale. There also was no proof demonstrated to show the value of the property as exists to
support applicant's claim of economic hardship, except a copy of the 2002-2003 tax bill to show a tax
levy of$446.47 for CTM 22-4-10, the northerly half of applicant's property.
There is no proof demonstrated in the record to show that the southerly portion of the
applicant's property was maintained continuously as two separate building lots.
No application to an agency for building or other approvals was filed by the owners since
1965, and no information to show good faith intention to separate ownership or otherwise separately
maintain the 1963 subdivision lots during the last 38 years was offered.
3. No evidence was submitted by applicant with regard to environmental impacts and potential effects
under Section 100-26A(4). A majority of the lots in the area (53%) are either vacant or vacant as
merged with the adjacent improved lots. At least 47% of the lots in the immediate area (CTM 22-4-1,
2, 3, 5.2, 5.3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, combined #23+24, 25, 26;
CTM 22-5-23, 24, 25, 27, 28, 31, 32.) are already developed and improved. The Board is not willing
a
'l m a
Page 3—August 21, 2003
Appl. No. 5331 —Helen Theoharis
1000-22-4-10, 11 at East Marion
to create additional lots that are merged with adjacent properties for an increased number of
dwellings, increased traffic, increased water and sanitary demands, and other related environmental
effects.
4. Information was submitted to show that the property does not require fill or change in the present
grade, and natural details and character of the contours and slopes are no different than others in the
neighborhood.
RESOLUTION/ACTION: On motion by Member Oliva, seconded by Member Orlando, it was
RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 22-4-10 from CTM 22-4-11,
as applied for.
VOTE OF THE BOARD: AYES: Members Tortora (Chairwoman), Goehringer, Horning, Orlando, and
Oliva. This Resolution was duly adopted (5-
9-.t.. A.) • Q CT.
RUTH D. OLIVA, CHAIRWOMAN 10-31-03
Approved for Filing
,F
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: February 18, 2003
TO: Patricia Moore (re: Theoharis)
51020 Main Road,
Southold,NY 11971
Please take notice that your application dated February 14, 2003 FEB y 9
For permit merger determination at
Location of property 1625 and 1745 Stars Road, East Marion
County Tax Map No. 1000 - Section 22 Block 4 Lot 10 & 11
Is returned herewith and disapproved on the following grounds:
The subject lot (SCTM#22-4-10) has merged with adjacent lot to the south (SCTM# 1000- 22-4-
11)pursuant to Article II Section 100-25, which states;
"Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit
which has been held in common ownership with the first lot at any time after July 1, 1983. An
adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in
dist. ' - onconforming lots shall merge until the total lot size conforms to the current bulk
schedule r-s uirements."
Autho z-. Signature --
CC: file, Z.B.A.
. SENT g MOORE LAW 6FFICE; 631 765 4643; FEB 23 i O:3CAM; t3A-GE 2
:•- , 1110 . ,
3ca .o3
APPLIC4TIb FOR WAIVER lllt0 � SECTI 'r,M 1.00-26 5O
�-3
This review is for lots which have separate deeds recorded prior to
1983 arid undersized.. A merger determination has been issued by
the Town 8ua_lding Inspector (copy i .
The zoning of my parcel is presently . scare feet
The size requirement far this zone is: A, T..� - /0 //
per parcel . County Tax Map Parcel Nos: 1000 ,° __9____
-
I (we) , us l
7C0f'!40';$ . as overs of the
ccontiguousicontiguouslots shown on the attached
determinegwhether orPno�
determination by the Board of Appeals
these parcels qualify for a "waiver" under the merger provisions of
ArticLe IIs Section 100-26 of the Southold Town Zoning Code.
I hereby submit all of the
following
of is r view deter;rti�xor reliance by the
Town of Southold in making
at
t Copies of any recent tax bill for bath (all ) lats .
2. Copies of deeds dated prior to June 30 , 1983 for all lots.
3 . Copies of current deeds of the parcels under review.
4 . copy of the current County Tax Map for my neighborhood.
r
5 . 6150 . 00 application check which is not refundable if
this waiver is denied, __
y tion is issue by the
T understand that if an unfavorable waiver ac
nd
Town of 3outhat I reserve the right to' file for a
subdivision and, if necessary, area varia.noes ander the usual ..
procedure . By snaking this application, I hold the Town
ofSouthod
Iresulting
free and harmless from arty' and all claLms and ItabL/
from the iss1ance of a waiver . / / .
/
AP.'i-. s.L.,P -, it.,.'f--'-'r
(App icant and Owner)
/a _�1f� d,�jtl�a
NOTARY PUBLIC
JAYANTI V.DHADUK (Applicant e _a:ld Owner)
OF NeNNORK
Cu 411�1®H504lSO1 (�,�,�lfrr" 7hro fldx!'s C�.7 l?1(/ra /x�zc 7
•
Sworn t a �ROI�IX ",-NTS
day s V.COMMISSION EXPIREL--•
0 _ewe- RIL1020, 2._.,:;2
_
003
_
cyoG it _Publ .
A Waiver is hereby
approved denied ( delete appropriate action)
based upon the above documentation.
Issued by
Reasons -_" pr. appli C�t7.rin ( to continue on next pane).
_
=at
o..4a
SENT BY: MOORE LAW OrFICE; - 631 765 464'3; FEB 2B-) 0:80Av1; PAGE 3
WAIVER OF MERGER-Helen Theoharis
ZHA MAY WAIVE THE MERGER AND RECOGNIZE ORIGINAL LOT LINES UPON
PUBLIC. HARING AND UPON FINDING THAT:
(1) THE WAIVER WILL NOT RESULT TN A SIGNIFICANT INCREASE N THE
DENSITY OF THE NEICII-tRORT-100D :
In 1965 Helen Theoharis and her deceased husband,Steve Theoharis, purchased lot 11 and lot 12
on the map of"Stars Manor". This map was created in 1963 with `V2 acre lots and the subdivision
has been substantially developed. The applicant has two sons. Wills drafted in 1976 and 1997
state that upon their fieath the lots would go to their sons Bill and Anthony. The intent was that
each son receive one lot. However, applicant's financial position requires her to sell one of the
lots. When her husband passed away there were extensive funeral and medical bills to pay.
Mrs. Theoharis must live off of the proceeds of her sale. She must use the funds to pay for 24hr
home care as well as rent and dailly needs. The lots are vacant and Mrs.Theoharis is in contract
to sell lot 10(SCTNI/1.1000-22-4-10)for$132,000.00. She must use these funds to continue to
live in the con-n$unity. She wishes to retain the other lot for her family's use..
(2) THE WAIVER WOULD RECOGNIZE A LOT TEAT IS CONSISTENT WITH THE
SIZE OF LOTS 1N THAT NEIGHBORHOOD
Stars Road and the st:bdivisions along Stars road arc well established and similarly sized '!z acre
parcels. No properties have been intentionally merged,most lots have been developed.
(3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP
Mrs. Theoharis has retained these lots since 1965,took title by separate deeds, paid taxes with
separate tax bills,and would be forced to sell both lots together if the lots were denied a waiver
of merger,
(4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES
OF THE LOT WILL NOT BE SIGNIFICANTLY CHANGED OR ALTERED IN
ANY MANNER,AND THERE WILL NOT BE A SUBSTANTIAL FILLING OF
LAND AFFECTNG NEARBY ENVIRONMENTAL OR FLOOD AREAS
The parcel is located along Star's Road and is flat,does not require fill or change in the grade,
and is no different then any other lot in the subdivision.
r
SENT BY: ki1OORE LAW OFFICE; 631 765 4643; Fi=B-28- 10:G1AM; PAGE 5/7
410
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts ot:intcrest pia the part of Town officers
and employees. The purpose of this form is To provide infibrmation. wh ch can alert the Town of
ppssibl:.:eonWpts of interest and allow it to take whateycr action is necessary to avoid same
YOUR NAME: _ e rer; h coACa a V'3
(I,. st name,first name,middle initial,unless you are applying in the name
of'someone else or other entity, such as a company. If so,indicate the
other person or company name)
NATURE OF APPLICATION. (Check all that apply)
Tax Cnevance _
Variance Aklu f tf-c.1 el F i3't•er rf
Change of Zone —..
Approval of Plat -.
Exemption from Plat
or Official Map
Other
If"Other",
name the activity; _..._
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest, `Business interest" means a biasmess, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares. .
YES NO X _.
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold _ _
Title or position o Fthat person --, - ___
Describe that relationship between yourself (the'applicant) and the Town officer or empluycc-
Either cheek the appropriate line A through D (below) aced/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
,__ A)the owner of greater than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity
(w len the applicant is not a corporation);
C) an officer,director,partner, or employee of the applicant, or
D)the actual applicant.
DESCRIPTION OF RELATIONSIUIP
50/0 _ .. . _ ...
Submitted this_ day r" /
Signature: �, ..!%. -'�..,.
Print Name: .Gf t1 Aeo�i s
C-
piJ° PATRICIA C. MOORED
}(-� b\ / ( 1•1-69
Ci)
(�
Attorney at Law ��,u 1
��- ok
51020 Main Road 3 a,9
Southold,New York 11971 - r
0 Tel: (631) 765-4330
Fax: (631) 765-4643
0 Margaret Rutkowski
Secretary
June 20, 2003
Southold Town Zoning Board of Appeals
Lydia Tortora, Chairwoman
Southold Town Hall
53095 Main Road
Southold, NY 11971 JUN ® 2003
Re : Theoharis #5331
zON1;',IG BOARD OF APPEALS
Dear Chairwoman and Board members :
In accordance with your request at the hearing,
enclosed please find the improved and unimproved parcels
along Stars Road which are similarly sized to the
Theoharis property.
As you can see from the identification of the
neighboring properties that all the lots, except one
1000-22-4-23&24 which appears to have been intentionally
merged and reassigned a new tax map number (24 . 1) , are
the same size and configuration of the Theoharis lots .
A waiver of merger should be granted as a matter of
law. In accordance with 100-26, the lots will not
result in a significant increase in the density of the
neighborhood, the lot is consistent with the size of
lots in this neighborhood, the merger would cause
economic hardship to both seller and buyer, the lot is
flat and no filling is required.
Thank you in advance for your considera ' on.
Very ul, yours,
Patricia C. Moore
cc : Mrs . Theoharis
c-yka i J r-ner Wi kLiikkktA
IPF 90(9164) Standard N.Y.B.T:D.Form 8007 Bargain and Salo Deed,with Covenant against Grantor individual or Corporation
- CONSULT YOUR LA ORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT S BE USED SY LAWYERS ONLY.
.5.1.ii.S.,...
1.13B5845 FACE .42 -�
THIS INDENTURE,made the /0 day of September ,nineteen hundred and sixty-five
•` 11 (i.BETWEEN COSTAS STARS, residing at East Marion, Town of Southold, Suffolk
ISCounty, New York,
rl.:(4 1 I
r. �
-i
li ; party of the first part,and STEVE THEOHARIS and HELEN THEOHARIS, his wife, both
residing at 201-18 - 43rd Avenue, Bayside, New York,
i
k,!thiiINT-11q, 1,\I M' .party of the second part,
AV.`!:'• WITNESSETH,that the party of the first part,en consideration of
` ,,-1 1 dollars,
'iNt`wa, ,ui .
TWO .
r.:T INIW., -j •lawful money of the United States, paid
by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,
i
I lying and being in the Hamlet of East Marion, Town of Southold, Suffolk County, New
York, known and designated as Lot No. 12 on a certain map entitled "Stars Manor"
and filed in the Suffolk County Clerk's office on September 19th, 1963 as map No.
3864.
t
\-� SUBJECT to zoning ordinances of the Town of Southold, Suffolk County, New
York.
ND /"‘S'L'
J I
SUBJECT to any state of facts an accurate survey might show.
i SUBJECT to covenants, restrictions, easements, agreements, and reserva-
r\ ( tions of record.
/ 1 SUBJECT to the following restrictions: no dwelling house erected on the
�� 1 premises herein conveyed shall cost less than $10, 000.00.
TOGETHER with a right of way over the extension and then westerly of Stars
I Road from the northerly portion thereof as shown on said map to Cedar Drive.
TOGETHER with a right of way over a 50 foot private road from the easterly
1 „end of Aquaview Avenue easterly about 334 feet to the easterly boundary of land now
or formerly of Stars.
I TOGETHER with a right of way 35 feet wide from said 50 foot private road
( southerly, about 275 feet to Stars Road.
TOGETHER with the right to use, in common with others, a strip of land
1 40 feet in width, the westerly line of which is the easterly boundary of land formerly
i of Lenz and which runs from the northerly line of said 50 foot private road northerly,
about 275 feet to Long Island Sound.
TOGETHER with the right to use, in common with others, a parcel of beach
about 40 feet by 90 feet lying easterly from the above described 40 foot right of way.
I
II PF 50(9564)Standard N.Y.L T.U.Fore 6007 Bargain nod Salo Deed.wits Co enant naiad Gran —Indiildeal or Corporation
r-
-. CONSULT YOUR LAFORE SIGHING THIS INSTRUMENT—THIS INSTRUMENT SD BE USED BY LAWYSItS ONLY.i`tr,
'� -
THIS INDENTURE,made the /0
^ day ofSeptember ,nineteen hundred and sixty-five CJ
• I BETWEEN COSTAS STARS, residing at East Marion, Town of Southold, Suffolk
�' County, New York,
gzio
, c1
piz
fparty of the first part,and STEVE THEOHARIS and HELEN THEOHARIS, his wife,
( both residing at 201-18 - 43rd Avenue, Bayside, New York, �F
1
o. it .
e
� I
hil CC
party of the second part,
WITNESSETH,that the party of the first part,in consideration of
novratot , One ($1.00) dollars,
i.• lit�,,F
.: j.,'�tlx::lawful money of the United States, and other good and valuable consideration paid
• <1 lr
.; ` 4 '}•by the part of the secondpart,does herebygrant and release unto the partyof the second part,the heirs or
Q,�. ,, I.
'4 party
C41.1�`v��it
En;�r"��� l'successors and assigns of the art of the second part forever,
ill I; party
497,747
ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,
i lying and being in the Hamlet of.East Marion, Town of Southold, Suffolk County, New
I York, known and designated as Lot No. 11 on a certain map entitled "Stars Manor"
1 and filed in the Suffolk County Clerk's office on September 19th, 1963 as map No.
1 3864.
\Si 1SUBJECT to zoning ordinances of the Town of Southold, Suffolk County,
New York.
14 1
SUBJECT to any state of facts an accurate survey might show.
` SUBJECT to covenants, restrictions, easements, agreements and reserva-
tions of record.
V\
' SUBJECT to the following restrictions: no dwelling house erected on the
J ;Ipremises herein conveyed shall cost less than $10, 000.00.
TOGETHER with a right of way over the extension and then westerly of
Stars Road from the northerly portion thereof as shown on said map of Cedar Drive,
TOGETHER with a right of way over a 50 foot private road from the easterly
end of Aquaview Avenue easterly about 334 feet to the easterl y boundary of land-now
or formerly of Stars. -
I
1 TOGETHER with a right of way 35 feet wide from said 50 foot private road
southerly, about 275 feet to Stars Road.
, TOGETHER with the right to use, in common with others, a strip of land
40 feet in width, the westerly line of which is the easterly boundary of land formerly
of Lenz and which runs from the northerly line of said 50 foot private road northerly,
about 275 feet to Long Island Sound.
TOGETHER with the right to use, in.common with others, a parcel of beach
} about 40 feet by 90 feet lying easterly from the above described 40 foot right of
way.
1
TITLE NUMBER pac-3461
VARIANCE SEARCH i-10(4q-11
JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS:
THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW
YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE
OFFICE MANAGER OF PECONIC ABSTRACT, INC., AND THAT
UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED
TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED
SCHEDULES AKA AS 1000-022.00-04.00-010.000 AND 011.000 THAT
SAID EXAMINATION MADE TO INCLUDE 2/2003 AND SAID TOWN TO
DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND
SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF
TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE
APPLICABLE ZONING ORDINANCE IS 1957.
AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE BOARD OF
ZONING APPEALS OF THE TOWN OF SOUTHOLD AND TO REACH
ANY DETERMINATION WHICH REQUIRES AS A BASIS
THERETOFORE THE INFORMATION SET FORTH HEREIN AND
KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE
TRUTH THEREOF.
LIABILITY OF THIS COMPANY IS $25,000.00
DATED: 2/11/2003
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11th DAY OF FEBRUARY, 2003
NOTARY PUBLIC JEA1ANSTE
OF' - MANAGER
MICHELLE VAIL
Notary Public,State of New York
No. 01VA4989798-Suffolk County 17 I,
Commission Expires-December 16,20.1..3
w
• a
M.
TITLE NUMBER PAC-3461
SUBJECT PREMISES: 1000-022.00-04.00-010.000
WILLIAM CLARK,AS ADINISTRATOR LIBER 2574 PAGE 32
OF DANIEL E. CLARK ✓✓ DATED: 5123146
TO / RECORDED: 6/5/46
COSTAS STARS
��`� (COVERS PREMISES AND MORE) --.��w ---
COSTAS STARS LIBER 5845 PAGE 242
TO DATED: 9/10/65
STEVE THEOHARIS RECORDED: 101221,
HELEN THEODARIS, HIS W FE
LA -DEED-}FrREC ORD
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY,2003 n / ;
ul�c O - J BY: Jr
NOTARY PUBLIC JEAN JANSTETT
OFFI tr. ANAGER
MICHELLE VAIL
Notary Public,State of New York
No. 01VA4989798-Suffolk County ,[�
Commission Expires December 16,20-V-3
•
TITLE NUMBER PAC-3461
SUBJECT PREMISES: 1000-022.00-04.00-011.000
WILLIAM CLARK,AS ADMINISTRATOR LIBER 2574 PAGE 32
OF DANIEL E. CLARK DATED: 5123146
TO RECORDED: 615146
COSTAS STARS
(COVERS PREMISES AND MORE)
s't COSTAS STARS L BER. 845 PAGE 245
TO rATED: 9110165
STEVE THEOHARISECORDED: 10122165
LEN THEOD�IS,HIS WIFE
LAST DEED OF RECORD
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY,2003
u(VlA. fJ� -LP BY: Al
NOTARY PUBLIC JEAN t NSTETT
OFFIC MANAGER
MICHELLE VAIL
Notary Public,State of New York
No. 01VA4989798-Suffolk County
Commission Expires December 16, .61-4
• 1 -
TITLE NUMBER PAC-3461
NORTH OF SUBJECT PREMISES (TAX LOT 10): 1000.022.00-04.00.009.000
WILLIAM CLARK,AS ADMINISTRATOR LIBER 2574 PAGE 32
OF DANIEL E. CLARK DATED: 5/23146
TO RECORDED: 6/5/46
COSTAS STARS
(COVERS PREMISES AND MORE)
COSTAS STARS LIBER 6428 PAGE 359
TO DATED: 9/19168
DIMITRIOS PAPAGIANNAKIS RECORDED: 10/1/68
AND ZAN DIAKOS
DIMITRIOS PAPAGIANNAKIS LIBER 7592 PAGE 525
ZAN DIAKOS DATED: 2120/74
TO RECORDED 2/22/74
DIMITRIOS PAPAGIANNAKIS
DIMITRIOS PAPAGIANNAKIS LIBER 9028 PAGE 498
TO DATED: 6/29181
VASILIOS THEODARAKIS AND - RECORDED 716181
OURANIA THEOHARAKIS, HIS WIFE
LAST DEED OF RECORD
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY, 2003
U BY: I
NOTARY PUBLIC JEAN)Ir'' TETT
OFFIOANAGER
MICHELLE VAIL
Notary Public,State of New York
No. 01VA4989798-Suffolk County u
Commission Expires December 16,20
•
1'
TITLE NUMBER PAC-3461
SOUTH OF SUBJECT PREMISES (TAX LOT 11): 1000-022.00-04.00-027.000
"UNNAMED STREET
1 -
WILLIAM CLARK,AS ADMINISTRATOR LIBER 2574 PAGE 32
OF DANIEL E. CLARK DATED: 5123146
TO RECORDED: 6/5/46
COSTAS STARS
(COVERS PREMISES AND MORE)
COSTAS STARS DIED 10127176 APPOINTING GREGORY STARS HIS EXECUTOR
LAST OWNER OF RECORD
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY, 2003
u' 1 BY: ' - -
NOTARY PUBLIC JEAN •NSTETT
OFF ' ANAGER
MICHELLE VAIL
Notary Public,State of New York
No. 01VA4989798-Suffolk County,,r7
Commission Expires December 16,20 2.11
•
TITLE NUMBER-PAC-3461
EAST OF SUB JECT PREMISES (TAX LOTS 10 AND 11)
STARS ROAD
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY, 2003.
t-r1C -i Chi-(-2 (-)C`--`._Q BY:
NOTARY PUBLIC JEAN STETT
OFFIC ANAGER
MICHELLE VAIL
Notary Public, State of New York
No.Commission County
on Expires December 16,20
•
_ 0
TITLE NUMBER PAC-3461
WEST OF SUBJECT PREMISES (TAX LOT 10 AND 11): 1000-022.00-04.00-031.000
WILLIAM F. FURST AND LIBER 1121 PAGE 242
JENNIE FURST, HIS WIFE DATED: 1/5125
TO RECORDED: 1/8/25
ANDREW J. DYENKOWSKI AND
PAULINA DYENKOWSKI, HIS WIFE
(PART OF PREMISES)
WILLIAM F. FURST AND LIBER 1120 PAGE 243
JENNIE FURST, HIS WIFE DATED: 1/5/25
TO RECORDED: 1/8/25
ANDREW J. DYENKOWSKI AND
PAULINA DYENKOWSKI, HIS WIFE
(PART OF PREMISES)
PAULINA DYENKOWSKI DIED 3/8/40
ANDREW J. DYENKOWSKI DIED 316/73 APPOINTING JULIA CONWAY AND JOSEPH
DZENKOWSKI CO-EXECUTORS •
JULIA CONWAY AND LIBER 9122 PAGE 465
JOSEPH J. DZENKOWSKI DATED: 12128/81
AS CO-EXECUTORS OFANDREW J. DZENKOWSKI AKA RECORDED: 12/31/81
DYENKOWSKI
TO
HERBERT R. MANDEL
HERBERT R. MANDEL LIBER 9486 PAGE 249
TO DATED: 12/20/83
HIGHPOINT AT EAST MARION SECTION TWO INC. RECORDED: 12/30/83
HIGHPOINT AT EAST MARION SECTION TWO INC. LIBER 9602 PAGE 325
TO DATED: 7/5/84
HERBERT R. MANDEL RECORDED 7118/84
HERBERT R. MANDEL LIBER 10263 PAGE•233
TO DATED: 1116187
THEMISTOCLIS VOUMVOURAKIS AND RECORDED: 3/4/87
PELAGIA VOUMVOURAKIS, HIS WIFE
LAST OWNER OF RECORD
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY,2003
NOTARY PUBLIC JEA A TETT
MICHELLE VAIL OF' ANAGER
Notary Public, State of New York
' No. 01VA4989798-Suffolk County
tty
Commission Expires December 16,20—
,. .
, . . •
TITLE NUMBER PAC-3461
WEST OF SUBJECT PREMISES (TAX LOT 10 ): 1000-022.00-04.00-028.000
WILLIAM F. FURST AND LIBER 1121 PAGE 242
JENNIE FURST, HIS WIFE DATED: 1/5125
TO RECORDED: 1/8/25
ANDREW J. DYENKOWSKI AND
PAULINA DYENKOWSKI, HIS WIFE
(PART OF PREMISES)
WILLIAM F. FURST AND LIBER 1120 PAGE 243
JENNIE FURST, HIS WIFE DATED: 1/5/25
TO RECORDED: 1/8/25
ANDREW J. DYENKOWSKI AND
PAULINA DYENKOWSKI, HIS WIFE
(PART OF PREMISES)
PAULINA DYENKOWSKI DIED 3/8140
ANDREW J. DYENKOWSKI DIED 3/6/73 APPOINTING JULIA CONWAY AND JOSEPH
DZENKOWSKI CO-EXECUTORS
JULIA CONWAY AND LIBER 9122 PAGE 465
JOSEPH J. DZENKOWSKI DATED: 12/28181
AS CO-EXECUTORS OFANDREW J. DZENKOWSKI AKA RECORDED: 12/31/81
DYENKOWSKI
TO
HERBERT R. MANDEL
HERBERT R. MANDEL LIBER 9486 PAGE 252
TO DATED: 12/20/83
HIGHPOINT AT EAST MARION SECTION TWO INC. RECORDED: 12130/83
HIGHPOINT AT EAST MARION SECTION TWO INC. LIBER 9536 PAGE 5
TO DATED: 3/22/84
HERBERT R. MANDEL RECORDED 3/28/84
HERBERT R. MANDEL LIBER 9804 PAGE 11
TO DATED: 5/24/85
CIRO CEPARANO AND RECORDED: 6585
ROSE CEPARANO, HIS WIFE
CONTINUED
SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC.
11TH DAY OF FEBRUARY, 2003
nkCtA..-U OaL_ P :Y:
NOTARY PUBLIC JE lir AN ETT
MICHELLE VAIL OFFICE MANAGER
Notary Public,State of New York
No. 01VA4989798-Suffolk County
Commission Expires December 16,20
1
V
CONTINUED WEST OF SUBJECT PREMISES (TAX LOT 10) 1000-22-5-28
CIRO CEPARANO DIED 11/19191
ROSE MARIE CEPARANO AS SURV.TENANT LIBER 11811 PAGE 264
TO DATED: 10128/96
ROSE MARIE CEPARANO RECORDED: 1/15/97
LUCIA RUSSO
DIANA PICCOLA, AS TRUSTEE UNDER THE
ROSE MARIE CEPARANO IRREVOCABLE TRUST DATED 2/8/96
ROSE MARIE CEPARANO, IND. LIBER 11948 PAGE 361
AND ROSE MARIE CEPARANO DATED: 2/5199
LUCIA RUSSO RECORDED: 3/1/99
DIANA PICCOLA, AS TRUSTEES UNDER THE
ROSE MARIE CEPARANO IRREVOCABLE TRUST DATED 2/8/96
TO
ROBERT R. PISCIOTTA
CAROLYN B. PISCIOTTA, HIS WIFE
LAST DEED OF RECORD
SWORN TO BEFORE ME THIS PECO C ABSTRACT, INC.
11TH DAY OF FEBRUARY, 2003
vl'\k_A. BY: •
NOTARY PUBLIC JEA7'�'STETT
0 ANAGER
MICHELLE VAIL
Notary Public, State of New York
No. 01VA4989798-Suffolk County
Commission Expires December 16,20
BENT BY: MOORS LAW OFFICE; ` 631 765 464; FE6-28- ):3OAM; PAGE 4/7
•
11110
LOT WAIVER QUESTIONNAIRE
what are the square footage and dimensions of this lot (subject of building department
merger application): 373 s.f. f z,e, ft. by�ZQ +- ft.
Date of first deed vflyich created this lot:
Date of current deed to present owner: s ` y ]�yy� 7r/{dr'D
Owners' names of lot at current time: rlfi
_ (Lot ia�
G��r PO e i firr`)J
Date and name of subdivision (if any): rs ./A7r700--
Size of remaining lot in the merger: Z ,393
Were there any building permits issued in the past for this lot: Yes __ No
If yes, please provide copy of former permit and map approved,
W ere there any County Health Department approvals in the past for either lot? Yes
No .— . If yes, please provide a copy.
Were they any vacant land Certificates of Occupancy requested in the past?
Yes _,_ No /1_, 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 No. .
If yes, please provide copy (if available), or explain: ° -
Is there arty building or structure, such as a patio, driveway, or other, v
deeded lot line which separates the two merged lots? ° erlapring the
No. _yr„,__ Yes- If yes, please explain.
How many other vacant Jots are on the same block and immediate neighborhood?
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 b
knowledge. (copies noted above are attached,) est of my
Dated:
rads/a ,� Owner's Si nature
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•
•
0110
L _ _ !f
L/9 .0Vd !VW 0 �z 83� M17 292 E89 3DIJJa MV1 ]door :A8 1148
FROM : LAW OFFICE INDPHONE NO. : Feb. 11 2003 05:09PM P2
WN OF SOUT E'YOL,I) orrld1Lr,t'ILJLJn,'1az rdt(rvm
5s006OFFICE LUCA'I'il)N! r • MON-IIII i•l:OO AM To 7:00 PM
SOtJ rco�I rr J' CONSOLIDATED02NO% I3 FDBL I?ES 13PFM.1 Y TAX
SOuTHOLD,T;fY llli(J-0499 L1L+'I;I:M13L•n 1,2002 NOVEMBEE•11,200:1-'1AXES I3I�(J(:)I`/lr A LIEN DICCIEM iir,R 1,3002 6:11-76.,I i3O,1 EA,K;1,"11•lliS-+IH'i
SUFFOLK COUNTY fAX N1/I: NUMBER'' SCHOOL CODE IF THF WORD'ARREARS"Is PRINTED HERE SEE ACCOUNT NUMBER BILL NUMBER
COUNTY TREASURER'S NOTICE ,9
473889 22,-4-10 ON REVERS13 SIDE. 04 2751
'
' p•ROPEf3TY COGAT{f)N
ACRES EXEMPTIONJDESCR{PTION EXEMPTION AMOUNTEXEMPTION PURPOSE
1745 STARS RD 0.47
• 'COUNTY.Alp ', TOWN AID, BANK CODE
295,451,299 1,598,350
:PSC/PEATY.CODE 11 ROLL SECT;4 PROPERTY TYPE •
311 1 RES VAC LAND
WARRANT DATE LAND ASSESSMENT" TOTAL ASSESSMENT
A TO""3••lG1T 110
THEOHARIS STEVE&WF • 1215102 $04 800
7910 34TH AVE APT 2N
JACKSON HEIGHTS NY 11372-2420 OWNER AS OF TAXABLE STATUS DATE ON MARC1;I 1,2002
• I111IIi11II11II1I111I1111It1III
1fI11IfIII11iiiiiIiIiiIII111I
THEOHARIS STEVE&WF
• TIr]N • NOTICE or ASSESSED VALUE
7 2002 TAX PAYMENT.INFORMA RAno t00%OF,FUIlVALUE'
200 y o a 4�y I ." j(ra,if f ASSESSED VALUE';=MTh- _ ,
,' . �; �FA M8 r!:4.t?' 4t;SNy,,,A;v';-t'`3t ii0g ,40: ".in, .4 4 0,1'.1_:..": !;_•,'_,!...___..1:, . Yh(I♦I�is,r' . —L''' _.W_
, � ,a 34783
;,ik;�;l r`�-,,,,..,;,.,Ll , ,..,,,,,,,11,.,,4.-,,y ,,.x :.?;�Y_ampa:,r•.. �: �'����,,,� gid=,_- m���'J��: _,�,;,. . � 2.,30a F US.
�,% .:_ ' • „', w - V -' — TAX AMOUNT TOTAL TAX AMOUNT—
.*
�iOY.:b1E� "'rR{l9T4Qhl L'EVY.•9'e TAXABL:EI1ALFlE W aA $4,00D 4:►�_.
•' OYSTER PONDS•$Cl-tpo.L d 48.49%'' ' ' , • ' •.$011;' . 259.46,9 5;00% • 207.58
:OYSTER P.O.NDSLIBRARY'• '3.98% 43-gd•P; ;, ',,It 22,2r1�,i9,:, 7;50% • 17;78
TAX LEVIED 50.47% FOR SCHOOL. 225.36
SUFFOLK.COUNTY TAX ,.,.3.28%0'' 800_,4 �,1�8.3118,y m •9.50%• 14.65
TAX LEVIED allalii6 FOR COUNTY '
SOUTHOLD TOWN TAX 31.01% ,. 800747.,„, k.„ 17,4 0 2. 6.80% 138.47
(IL I(.I: ''°+p�"'I�y lE
,h.. -l' :L:is
•i •
TAX LEVIED 31.01% FOR TOWN
NYS REAL,PRo'^ .,V LAW • -0.47% 800 • . 2.629 -45.00% 2,10 •
`' `EAST.MARION'FIREDIS • 11.52% •• .'800 :. ','84:290 1,•10%0 61.43 •
'
;:,'..OF ENVT.-E"MARIONf1%R_0,'; ,. {'', .1 " .32%o'r 5:,' '"40,1.) ....•0.y „gg r" 7 ` 7 . = -
.1 , TX•' ppSTEW4TIYEb.157;DI lC7k•�:•:� ;rr. ':1 .vvr,D; 10b4/0t';'' ',
. ;,'S''•'':.,''';'.,
' '';'.'48.$ S=^I.0 ^rI '' .:1. 06:'-: ,,,....-•'..,,,,,,:,,,-1: 0.. .:
;.,-' 294%7 ;•'-'' •' �' ,':'1:0..,`;.•. . ._ -.'• :.1',--'•41-.^c•v . =
'.
•, 7 3,STt /16F . :_. , LL9i' -85.20.O1o; r":''P < 116 ''.•• i?..;r .I
1
TAX LEVIED FOR OTHER. 67s9
•FIRST: iALF'TAX .,;;, ° ' 22323• ", SECOND:HALF;TAX' 223'.24 TOTAL TAX LEVY OP, 446.47
DUEOE0,I,'2002PAYABLE WITHOu'rPENALTYTO.AN 10,2003 DUE DEC 1,200E PAYABLE WITHOUT I'ENALT1'TOJUNE 2,2000 SEE REVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS$EE REVERSE SIDE FOR PENALTY SCHEDULE, SIDE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE w,
a.
' ` >'S COND.HALF- SOUTHOLD.TAX.LEVY'•2002-2003 SUFFOLK COUNTY TAX MAP NUMBER '
•• ,DETACH•STUB AND RETURN WITH SECOND HALF PAYMENT-RETURN BOTH 473889 22.-4-10
'STUBS FOR PAYMENTOF TOTAL TAX,MAKE CHECK PAYABLE TO THE RECEIVER
pt=,7AXES•AND WRITE'SILL NO.AND TAX;MAP,NO ON FACE OF THE CHECK. AIIOUP4T ®U€ ' - emu., Nb. „„, ,
.• SECONDIHALE TAXES BECOME A LIEN DEC..1,2002,PAYABLE WITHOUT PENALYY TQ JUNE 2.2003 223.24 2751
PAID BY: 0 ASSESSED 0 OTHER —
THEOHARIS STEVE&WF
•
The following bank branches located within the Town of Southold accept payments during regular business hours:Bridgehampton '
;;National Bank;FIeet•Rark,Nbtth'Fa itBanI;Suffolk County National Bank. .
,
wr .
NYB TU Form 8041 (Rev. 11/SSTRACT OF SALE
WARNING:
NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL
ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN ENGLISH").
CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOSSES:
This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless
different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply.One part of that law
makes a purchaser responsible for fire and casualty loss upon taking of ttoo or possession of the premises.
A•arN.
DATE: CONTRACT OF SALE made as of the 2,1- day of lust 2002
BETWEEN •
PARTIES:
HELEN THEOHARIS, as surviving tevant by the entirety
Address: 201-18 43rd Avenue, Bayside, NY 11360
hereinafter called"SELLER",who agrees to sell; •
and GENE KELLY and VITALINA KELLY
Address: P.O.Hox 2104, Montauk, New York 11954
PREMISES: hereinafter called "PURCHASER" who agrees to buy the property, Including all buildings and improvements thereon(the
"PREMISES"),more fully described on a separate page marked"Schedule A,"and also known as:
Street Address: Lot 10, `Stars Road,"East Marion, New York
Tax Map Designation: 1000-022.4-10 '
Together with SELLER'S interest,if any,in streets and unpaid awards as set forth in Paragraph 9.
PERSONAL The sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES,
PROPERTY: unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien
other than the EXISTING MORTGAGE(S). T :• • : . . •
fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blind :. : n ngs, storm windows,
window boxes, storm doors, mail boxes, weathe : • ' :, •umps,shrubbery,fencing,outdoor statuary,tool sheds,
dishwashers, wash , • .. . , • les •ryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning
• V
•
•
Excluded from this sale ere: Furniture and household furnishings,
PURCHASE 1. (a) The purchase price is. r $ 132,000.00
PRICE;
Payable as follows:
•
On the signing of this contract,by check subject to collection: $ 13,000.00
By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $
•
By a Purchase Money Note and Mortgage from PURCHASER(or assigns)to SELLER: $
BALANCE AT CLOSING: $ 119,000.00_ .
•
will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAG • • :nded
or modified In good faith,The Purchase Money Note and Mortgage shall he drawn on the standard fo ,..;-- ;ew York Board
of Title Underwriters by the attorney for SELLER.PURCHASER shall pay the mortgage •. • ng tax,recording fees and
the attorney's fee in the amount of$ for its prepriration.
(c) If any required payments are made on an EXISTING MO • between now and CLOSING which reduce the
• unpaid principal amount of an EXISTING MORTGAG • . ' the amount shown in paragraph 2, then the balance of the
price payable at CLOSING will be adjusted. SE agrees that the amount shown in Paragraph 2 is reasonably correct and
that only payments required by the E. : " `G MORTGAGE will be made,
(d) If there ortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc.SELLER
shall :• to PURCHASER,if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account
5 a 31-Imo hari5 /�� -33
y--/a TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET I '7.45 VILLAGE DIST. SUB. V LOT/411W-b CIALC4 1 LPf-ca ?q e )1,,/ -z../x4.4.4_1 _Atr-41,44
/ a
FORMER OWNER V N E ACR.
70I
S W TYPE OF BUILDING
RES. SEAS. VL FARM COMM. CB. MISC. Mkt. Value
ND IMP. TOTAL DATE REMARKS 2,a2".., 7//d/4_,5
/d _,5
_2. SC, / 3,457/4
6 d -CO O- i/' ekr / G
- AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre
T le 1
Tumble 2
Tillable 3 ••
Woodland
Swampland FRONTAGE ON WATER •
Brushland FRONTAGE ON ROAD / 1 q ' K..3 3
House Plot DEPTH
7
BULKHEAD
•
Total DOCK
COLOR
TRIM i
•
M. Bldg. Foundation Bath Dinette
Extension Basement Floors K.
Extension Ext. Walls Interior Finish LR.
Extension Fire Place Heat DR.
_ Type Roof Rooms 1st Floor BR.
•
rorcn Recreation Room Rooms 2nd Floor FIN. B.
Porch Dormer
Breezeway Driveway
Garage
Patio
O. B.
Total
A -s?„?
„, .; _1 :: , . ° y �, TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET ; 7 VILLAGE DIST. SUB. LOT
A ,t-f' .�'' ? ij' '.1 4 0� t'(' . , , I ., .c e VCiSte.'° ,
. ,
� /1 F;
, ,„,....
FORMER OWNER ` N E ACR.
I �% I
, L-r1Q1
S W TYPE OF BUILDING
RES. SEAS. VL. I;ii FARM COMM. CB. MISC. Mkt. Value
LAND IMP. TOTAL DATE REMARKS <( ,'� c�./ / f ;' - f+.,'
-4 v 2_,kj-6 / 3/..2' LT/5, g3,
,74._ ) ,
,. „ ,
C
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE "•
FARM Acre Value Per Value
Acre
Tillable I
T 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
3rushland FRONTAGE ON ROAD i -; i,-o - f--,v 0
-louse Plot DEPTH
BULKHEAD
Total DOCK �
COLOR
TRIM
M. Bldg. Foundation Bath Dinette
•
Extension Basement Floors K.
Extension Ext. Walls Interior Finish LR.
Extension Fire Place Heat DR.
Type Roof Rooms 1st Floor BR.
Porch Recreation Room Rooms 2nd Floor FIN. B.
Porch Dormer
Breezeway Driveway
Garage
Patio
0. B.
Total
/ \0 N) R
iji
17th June 2003 -
Zoning Board of Appeals
Southold Town Hall
Southold,N.Y. 11971 6
Re;Helen Theoharis
1625&1745 Stars Road
East Marion,N.Y. 11939
SCTM# 1000-22-4-10&1000-22-4-11
Request for Waiver of Merge
The lot in question had been bought in 1964-1965, along before one-acre zoning in
1983or in that area of contiguously-owned non conforming,lots was done to bring
them into compliances with the law:; an effort to "limit density."
Why turn back now what was an intelligent call in the overall planning?Wasn't this to
protect our open spaces? Surely there is no hardship for the owner who currently has one
lots )That's worth many times the purchase price of the original two lots.
The burden would be for the surrounding neighbors& neighborhood who must tolerate the
endless noise and trafc& debris involved in the constuction process plus further and more
concerning, permai ht loss to our enviroment and natural resources and wild life.
We respectfully urge the Board to fully view this matter, and to reject the request for a
waiver of merger. Sb that we make more of an effort to protect our "OPEN SPACES"and
laws.
Sincerely,
Mark and Cindy Mysliborski
1500 Stars Road
/`o -'1939
/ , '/, /
—. (41611/ CI" / - -
7P"' 1
uato 24z JUN6 2003
87,-40
16th June 2003 iv° a0ARD of AppEALs
Zoning Board of Appeals
Town Hall
Main Road
Southold,New York 11971
Re: Helen Theoharis
1625 & 1745 Stars Road, East Marion,NY 11939
SCTM# 1000-22-4-10 and#1000-22-4-11
Request for Waiver of Merger
The "un-merging" of the above lots would be a completely inappropriate action in this
time of excessive development pressures. East Marion has been literally under assault for
several years now, its open spaces and woodlands rapidly giving way to more and more
new houses. Some of these are grossly oversized in proportion to lot dimensions; their
construction caused almost constant noise, traffic involving all manner of heavy vehicles
and ugly disruption in the area for well over a year.
The lots in question were bought in 1964 & 1965, long before one-acre zoning. The
merging in 1983 or thereabouts...of contiguously-owned, non-conforming lots was done
to bring them into compliance with the law; an effort to limit density.
Why reverse now what was an improvement in overall Planning? Surely there is no
hardship for the owner who currently has one lot (in compliance?) worth many times the
purchase price of the original two lots.
The hardship would be for us...the surrounding residents who must endure the endless
noise and traffic involved in the building process, plus further permanent stress on our
environment and natural resources.
We therefore respectfully urge the Board to reject this request for a waiver of merger.
Jane M. Gohorel -/-4/1/t//4 RA/JI
1870 Stars Road
East Marion,New York 11939-0128 /77D S i�.C�S Rd,
7_71t
10110
;mss
16th June 2003 CeeniJUN 1 `
2003
Zoning Board of Appeals
Town Hall, Main Road rtliviNo Q
Southold, New York 11971 APPEALS
Re: Helen Theoharis
1625 &1745 Stars Road, East Marion, New York 11939
SCTM #1000-22-4-10 and #1000-22-4-11
Request for Waiver of merger
The request for a waiver of merger from Helen Theoharis is untenable and
without merit. Under-sized lots were merged to comply with Southold Town's
Zoning law and the law must remain in place. It should be the necessary duty of
every member of this Board to visit the site/sites on which you blindly rule.
Somehow, East Marion has been abandoned to the voracity of over-
development. Undersized lots, are sprouting monstrous constructs which
visually assault the eye. But my brief is not about people's taste or lack thereof.
The neighborhood hardship involved is environmental and personal. It is a
matter of density. A once peaceful,rural community of woods and
greenspaces...is rapidly turning into noisy suburban sprawl. It is a matter of
density. Not only are nature and water availablity &quality and animal habitat
threatened and stressed, so is our human connection to place and our quality of
life. It is spiritually enervating.
The property in question is wider than it is deep which is already troublesome.
It is imperative that you deny this waiver.
Respectfully,
LL IAA(II'
Lili Ann Motta
Post Office Box 128
1870 Stars Road
East Marion, New York 11939
,51104
`1,1 ilo3 PI1 J June 11, 2003
JUN 1 2 2003
ola- 030 , =3/
Zoning Board of Appeals `"''``r.' soAno OF APPEALS
P.O. Box 1179
53095 Main Road
Southold,N.Y. 11971
Dear Zoning Board of Appeals:
Please do NOT allow the request for"unmerge"of H. Theoharis' property(Tax Map #
22-4-10, 11).
The North Fork cannot handle the impact of all the development that's taking place. Face
it: the North'Fork has been discovered.
Look back to 1983, when our town attempted to deal with this eruption of development.
This is when Mr. Theorharis' sub-standard- size lots were merged into one lot. At that
point, the Town assumed one acre lots would help. Now there is talk of five acre lots!
To allow this request is NOT progress.
Also, I hardly consider this a"hardship."
Take a trip down road behind this lot. Nothing but huge homes on small lots. It's quite a
reality check.
The anti-development cries will only increase, in my opinion. Please be strong and do
not allow down-zoning of sub-standard lots. Do not set a precedent for over-
development.
Sincerely, ,
`77eit
Nancy Sawastynowicz
3540 Stars Road
P.O.,Box 521
East Marion, N.Y. 11939-0521
(631) 477-1831'
41,/APPEALS BOARD MEMBERS ��,�O�OSVfFO(�►`,O
h� Gy• Southold Town Hall
Gerard P. Goehringer. c 53095 Main Road
Lydia A.Tortora t „ ,? P.O.Box 1179
George Horning � � �'F,��� Southold,New York 11971-0959
/o3 ) 4 j �*. 1 ZBA Fax(631)765-9064
Ruth D. Oliva,Chairwomar(��f0%'
Vincent Orlando '° Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
November 3, 2003
a,_Fax 41/3/o3
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: Appl. No. 5331 —Theoharis (Denial of Lot Waiver Request)
Dear Mrs. Moore:
With reference to the above application, we enclose a copy of the Board's
determination, filed today with the Office of the Town Clerk.
Very truly yours,
Linda Kowalski
Confidential Secretary
Enclosure
Copy of Decision to:
Building Department
Town Of Southold •
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 03/13/03 Receipt#: 3437
Transaction(s): Subtotal
1 Application Fees $150.00
Check#: 3437 Total Paid: $150.00
ame: Theoharis, Steve
1745 Stars Road
East Marion, NY 11939
lerk ID: LYNDAB Internal ID:71679
//i/ilii��
,Io' IAD
.055��[f�®Q�0®
ELIZABETH A.NEVILLE �I�• ;; �0, Town Hall, 53095 Main Road
TOWN CLERK rtfx P.O. Box 1179
REGISTRAR OF VITAL STATISTICS y�i,,* 4 Southold, New York 11971
V ® Fax(631) 765-6145
MARRIAGE OFFICER L �3'®�,1
RECORDS MANAGEMENT OFFICER �_ ®� �-22,� �� �� Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER mss' ��'� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville
DATED: March 13, 2003
RE: Zoning Appeal No. 5331
Transmitted herewith is Zoning Appeals No. 5331 —Mr & Mrs Theoharis -Zoning Board of
Appeals application for waiver of merger. Also included is a letter from the Pat Moore,
applicant transactional disclosure form, lot waiver questionnaire, ZBA questionnaire, two copies
of deed, tax bill, survey, notice of disapproval, variance search, tax map,property card, and
building permit applicaiton.
a •
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
Margaret Rutkowski
MeliccaMcGowan
Secretaries
May 23 , 2003
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Neighbors
Re: Helen Theoharis
1625 and 1745 Stars Road, East Marion, NY
SCTM# 1000-22-4-10 and 1000-22-4-11
Dear Neighbor:
I . represent Helen Theoharis with regard to her
property located at 1625 and 1745 Stars Road, East
Marion, NY. She is seeking a waiver of merger for the
above referenced properties . Enclosed is the Notice of
Hearing and a survey showing both parcels .
The hearing on this matter has been scheduled for
Thursday, June 19, 2003 at 2 : 10 PM at Southold Town
Hall .
If you have any questions, or you wish to support
this application, please do not hesitate to contact me.
Very tru)y yours,
fr f
.,„----i
/ 7 1
',_Patricia C. Moore
PCM/mm
Enclosures
TOWN OF SOUTHOLD iiii) t BUILDING ' IT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do•' A ave or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined ,20 Contact:
Approved ,20 Mail to:
Disapproved a/c /,I,23
Phone:
Expiration_ 20 / /
r(/ (
Buil ing In . -- .
• APPLICATION FOR BUILDING PERMIT
9
t___- _.._-..y Date 20
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets pf plans, accurate plot plan to scale. Fee according to schedule.
t b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
• c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building pern-ut shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Buildi ig Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or
Regul 1 tions, for the construction of buildings, additions, or alterations or for'removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances,building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signature of applicant or name,if a corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Name f owner of premises IQ-C' att., /A e 0 a4 1-5
(As on the tax roll or latest deed)
If appli ant is a corporation, signature of duly authorized officer
ame and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will bene:
Vd,,ce -7 ,t GL,n,:/ / ,5/ 1_4' / -cac,
Houle Number Street Hamlet
County Tax Map No. 1000 Section • Block 7 • Lot 70 ; i/
Subdivision Filed Map No. . •• Lot
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PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
Margaret Rutkowski
Secretary
March 10, 2003
Southold Town Zoning Board of Appeals
Lydia Tortora, Chairwoman
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re :
1000-22-4-10 & 11
Dear Chairwoman and Board members : f_1
Enclosed please find an application for waiver of
merger for the above referenced property.
Please place this matter on the calender at the
earliest possible date . The property is under contract
and the buyers are hoping to build immediately after
closing of title .
Very truly yours,
L_ -Patricia C. Moore
cc : Mr. and Mrs . Theoharis
•
113
June 19, 2003
Southold Town Board of Appeals
Regular Meeting Public Hearing 19/11a ca a'v
3:09 p.m. HELEN THEOHARIS #5331. Request for a Waiver of Merger under
Section 100-26, based on the Building Department's February 18, 2003 Notice of
Disapproval. Applicant proposes to unmerge CTM #1000-22-4-10 (Stars Manor
#12) from CTM #1000-22-4-11 (Stars Manor #11), vacant land. Location of
Property: 1625 and 1745 Stars Road,East Marion.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant?
Pat Moore spoke briefly about Coyne(see page 71)
CHAIRWOMAN: Now can we go back to this hearing?
MS. MOORE: Sorry, this will be much quicker. Alright, Theoharis, Steve and Helen
Theoharis bought from Costa Stars, from the original developer of the Costa Star
subdivision, in 1965, 2 lots, lot 11 and lot 12. At that time, there was no belief that they
had to checkerboard it. They owned 2 separate pieces of property. They bought 2
because they had 2 sons, and they wanted to pass it on their sons. The attorney that
drafted the wills stated that, in the wills, the properties were deeded over, were to be
conveyed to the sons upon their death. However, Mr. Steve Theoharis passed away from
an illness in May of 2002, and Mrs. Theoharis finds herself in need. As a widower, she
has to sell the property to continue to live off of her assets. And there was a contract
prepared with a 3rd party. And at the time they went to contract thereafter they did a
single and separate search and they discovered that this property had merged by way of,
under our code. That's why we made the application to this board. The properties have
received separate tax bills. They have always been intended to be separately owned and
separately conveyed. And these two properties are identical to all the other lots on Star's
Rd. subdivision. And I've have numerous applications to this board with respect to
waivers and applications for homes that are along Star's Rd. This will be consistent with
all the other homes in the neighborhood and it would be a significant financial hardship
to Mrs. Theoharis that the lot is under contract for$130K. And it would be a significant
decrease to combine the lots if each lot is worth$130K. The combined lots don't equate
to much more than that. So it would be a significant reduction in the value of the
property, and a hardship to the owners. Mr. &Mrs. Theoharis were greek immigrants.
They were not sophisticated with respect to preservation of these properties as single and
separate properties. And this neighborhood,which is primarily owned by many of the
greek immigrants. What you find is people,unknowingly, have these mergers of lots
occur. And that is what we have here. A situation, not unlike many other applications
that you've seen along this. That's all I have.
CHAIRWOMAN: Do the board members have any questions?
MEMBER HORNING: I have one. Perhaps Mrs. Moore could submit to us an area
survey similar to this with a marking of what ones of these parcels are developed with
Page 113 of 133
114
June 19, 2003
Southold Town Board of Appeals
Regular Meeting Public Hearing
buildings and what ones are vacant?
MS. MOORE: I can do that. I haven't yet. But, if you'd like, I can provide that.
MEMBER HORNING: It would be helpful.
MS. MOORE: You've had so many applications along this road. I thought maybe in-
house you already have that done. But that's fine. I will submit my own.
CHAIRWOMAN: Does anyone in the audience have any questions? Yes?
JANE GOHOREL: My name is Jane Gohorel. And I have already written of my
opposition this waiver of merger. And I submitted it to you on the basis that I do not see
any reason for undoing something that's been done for 20 years to bring these lots into
compliance. And the fact that the lady who owns this, I'm very sorry her husband died. I
live very close to this lot. The fact that they have been merged, I don't believe would
make them less valuable as one lot than if they would have been as 2 little lots that are
not in compliance. And I have another question. What about the, if 2 houses go on these
lots, what about the cesspool, the distance between cesspool and well for 2 different
houses right next to each other. To me, the lot doesn't look to be that big as it is now. So
there are other houses just behind this lot. Really huge,new houses that have been built,
overpowering in the neighborhood actually. I think these, I mean it's just out of
proportion with anything else. And I would hate to see something similar go up on these
even on one lot itself', much less 2 lots. So I guess my question is, why undo something
that was an improvement in planning after 20 years and make it possible to add even
more houses to a neighborhood that's been greatly under stress for the past few years
because of all the building activity. And the other thing is if indeed there are some other
lots that are not in compliance, and if you allow this, then how can you say no to any of
the others who come to ask for similar unmerging? That's it. That's what I have to say.
Thank you.
CHAIRWOMAN: Anyone else in the audience?
NANCY SAWASTYNOWICZ: Good afternoon,board. I'm Nancy Sawastynowicz.
And I've lived there for 9 years. And we're not, all the people down there aren't greek. I
have a real, serious,problem with that area. Within one year, there had been over a
dozen homes brought in on flat beds and huge, huge, homes like Mrs. Gohorel just
mentioned on the backside of this property. They are so oversize. I don't know. I would
like this town to do something about the oversized homes that are being built. It's
beyond my belief why somebody would need that much room. So for me to feel sorry for
somebody who has two lots, when I know just down the street, at 100 yards, a small sized
lot went for 190K with nothing on it. I can't feel sorry for anybody. I can't afford to live
in this area. I rent. And I'm like,happy, that I can afford the rent. But for somebody
whose husband just died, obviously she's not young. To not be happy with the amount of
Page 114 of 133
115
June 19, 2003
Southold Town Board of Appeals
Regular Meeting Public Hearing
money she's going to get is ludicrous. I find that not a hardship. And I just feel that we
have to stand our ground. There's not even an acre. We're talking now, in last week's
paper, the town just spent $200K for this draft generic environmental impact statement.
It's the current state of development and the pretense for limiting that growth. So we're
trying to deal with this and to, and there's so many undersized lots already on Stars Road.
And it's like behind me, there was 11 acres clear-cut 2 years ago for this house that looks
like a motel. It's disgusting. The animals are in the street. I go out in broad daylight.
The deer are standing there looking at me. The fox are looking at me. I'm going to
myself, where is the planning on this poor, it used to be all wooded. Where is the
planning on this wonderful area? Living there for 9 years I felt like I was in heaven. And
now like I'm saying, it's like getting deluged with these houses. So please don't give this
request approval. I just feel like little lots with big houses because that's, you know,
that's going to happen. It's disgusting, and it's not in character of the area. And I'm
really adamant about it. So I hope you take it into consideration. I know the board is a
very good board, and they think everything out. And I would just like to say thank you
for listening to me. I'm a little emotional because I live there. Thank you.
CHAIRWOMAN: That's okay. Is there anyone in the audience who would like to
speak for or against the applicant?
CINDY MYSLIBORSKI: Hi. My name is Cindy Mysliborski. I'm a new owner on
Stars Road. I've been there for about a year and a half And this is all new to me. But
since I've been there, I thought I was moving to a nice, quiet, neighborhood to enjoy.
And it's been nothing but construction, and vehicles, and debris. And it's just
outrageous. I woke up the other morning to find 3 little baby foxes born running down
my driveway, and one of them dead in my pond. They just have nowhere to go. And I
do agree with Mrs. Gohorel and Nancy that the value of land there as one lot certainly
will be worth as much as if it was two. And I am opposed against that. And would like
you to take that into consideration with Mrs. Gohorel and Nancy's request too, that
enough is enough in that neighborhood. And oversized housing is definitely outrageous
in there.
CHAIRWOMAN: Is there anyone in the audience who would like to speak for or
against the applicant?
MS. MOORE: Just some quick responses. Each lot here as a single and separate lot,
each lot,rather than combined has a greater assurance of building a house that is in
conformity with the neighborhood than to merge two parcels and have an oversized
parcel that then allows a person to build much more than at 20% of that sized lot than to
retain the character of the area under the original subdivision configuration that all of
these people who have come here and objected to the request all live on the same size
parcel as what we are proposing to return the parcel to it's original size. The master plan
that we've just spent a fortune on, actually talks about housing diversity. And the
diversity is also recognizing that existing subdivisions like these, which are now
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116
June 19, 2003
Southold Town Board of Appeals
Regular Meeting Public Hearing
undersized because the minimum zoning is one acre, still retain value for the, to retain the
character of the area, and to provide diversity of housing stock in the town of Southold.
The merger law actually breaks down and forces, or combines, parcel in situations like
this where you have pre-existing half-acre lots. Because it takes the parcels and makes
them less affordable for people. At 130, which is the contract that is presently, excuse
me 132, is the contract price. Jean and Betelina Kelly, who are the prospective
purchasers, they can buy this lot and build a modest sized home on it. And have a normal
home,just like everyone else. The alternative is that the seller, Mrs. Theoharis, has to
sell this double sized parcel, which is a much more expensive parcel to someone else.
And the person who buys it will be forced,because of the value of the land itself, to build
a much more grandiose house, which is more like the subdivision that is in the rear, and
the lots that are larger. So we are actually trying to keep within the character of the
existing Stars Road community by retaining the existing pre-existing lot sizes, rather than
combining it under our zoning code, combines two lots that are in common name. And
inadvertently brings the two properties together.
CHAIRWOMAN: Last question.
MS. MOORE: To me?
CHAIRWOMAN: Yes. I went through the title search on this property. And in looking
at the title search, correct me if I'm wrong,but when they bought the two properties, they
bought them in the same name, the husband and wife name.
MS. MOORE: Right. But they bought them in 1965.
CHAIRWOMAN: In 1965? They never separated the ownership. They never checker
boarded. They never made any effort whatsoever to keep the properties in single and
separate ownership,which has always been noted.
MS.-MOORE: If you and I were the owners of the property, we would have known to do
that. These are,to the extent, they were unsophisticated, and did not inquire about, you
know, the changes in the zoning code.
CHAIRWOMAN: Well there were so many opportunities. This is virtually 37 years
ago. It's not 20 years ago when they went to 1-acre zoning in 1972, this lot became
nonconforming. When, all through the `70's...
MS. MOORE: However they continued, the one way they would have been alerted, for
somebody who is unknowing, would be through the tax bill. If their tax bill had been
combined, and the town, the assessor, actually notifies you that it's been merged, it would
have triggered some knowledge by unknowing people. The tax bills continue to come as
they always come in...
Page 116 of 133
117
June 19, 2003
Southold Town Board of Appeals
Regular Meeting Public Hearing
CHAIRWOMAN: That's true throughout the town in dozens, and dozens, and dozens of
parcels.
MS. MOORE: There are sophisticated buyers. And the merger law protects those that
are sophisticated buyers. It does not protect against unsophisticated buyers. That's what
your role is. That's what many times, government's role is, to protect against people who
would otherwise not know. They bought 2 lots, always intended it to be 2 lots. Their
wills, which were done in the `90's, reflected each lot going to each son. If you want, I
can get a copy of the will for you.
CHAIRWOMAN: I noticed, in your presentation, you said that because she needs the
money, that she, originally the lots were to go to each son,but because she is now
apparently in a nursing home, or...
1
MS. MOORE: No, no, no, she's, I don't think she's in nursing home. She's just now a
widow with limited funds.
I CHAIRWOMAN: Okay. Now that she has limited funds, she's no longer going to keep
both lots. She's wants to sell one and the other son is going to keep the other lot. It's her
assets, it's her future. It's also her responsibility. But there's no real economic hardship
here.
MS. MOORE: Well the economic hardship is not only to them to combine.
CHAIRWOMAN: Profit is not necessarily hardship in this case. This is a very unusual
one because this lot has been one lot for so many years. It's not even a question of a
waiver of merger anymore.
MS. MOORE: Let's put it this way. The hardship will truly be for the buyer, the
Kelly's, who were under the impression they were buying a lot to build their house, and
now the contract would be nullified because they are not getting what they expected,
which is their lot. The whole deal would fall through.
CHAIRWOMAN: I'm sure that their purchase is subject to...
MS. MOORE: Oh sure they'll get their money back, of course,but people buy a lot with
great expectations of building their house, and the expense of a survey and the title, and
the lawyers. They have invested a certain amount of money to get to this point when they
discovered that it had merged. So I feel bad for any purchaser who undertakes this.
Because now, when they go out to look for a parcel, they can't find another half-acre
parcel for 130,maybe they find, they are few are far between. And you know as well as I
do that the pressure is now, and in particular for these...
CHAIRWOMAN: But that's not justification to go back and subdivide lots and half-
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June 19, 2003
Southold Town Board of Appeals
Regular Meeting Public Hearing
acre lots.
MS. MOORE: This was a subdivision, this is a subdivision that was approved by the PB.
We are not talking about like, Captain Kidd Estates where it's an 8`i'of an acre.
CHAIRWOMAN: This was done in 1965.
MS. MOORE: And they were large lots, at the time, in 1965. Personally, I live on a
half-acre parcel. And quite frankly, that's a nice sized, would I like a lot more, sure. But
my ranch fits very comfortably on a half-acre parcel. It is consistent with all the rest of
the neighborhood. I will supply to Mr. Horning showing how many lots have actually
been developed, and what remains vacant.
CHAIRWOMAN: Okay. Is there any other questions? I'll make a motion to close the
hearing and reserve the decision until later.
PLEASE SEE MINUTES FOR RESOLUTION
Page 118 of 133
i
.p, L
Subject- 1000-22-4-10 and 11
1000-22-4-16 William D. Schroeder
P.O. Box 491
Southold,NY 11971
1000-22-4-17 Mr. and Mrs. William P. Hukill
' 1770 Stars Road
East Marion,NY 11939
1000-22-4-18 Jane Gohorel
1870 Stars Road
East Marion,NY 11939
1000-22-4-9 Visilios Theoharakis
31-08 31st Avenue
Astoria,NY 11106
1000-22-4-12 Angelos Karamitsos
2185 Mackay Avenue
Fort Lee,NJ 07024
1000-22-5-28 Mr. and Mrs. Robert Pisciotta
2295 Cedar Road
East Marion, NY 11939
1000-22-5-31 Mr. and Mrs. Themisoklis Voumvourakis
8408 7th Avenue
Brooklyn,NY 11228
111)1
NOTICE
JUNE 19, 2003 PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and
Chapter 100 (Zoning), Code of the Town of Southold, the following public hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095
Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, June 19,
2003, at the time noted below (or as soon thereafter as possible):
2:10 p.m. HELEN THEOHARIS #5331. Request for a Waiver of Merger under
Section 100-26, based on the Building Department's February 18, 2003 Notice
of Disapproval. Applicant proposes to unmerge CTM #1000-22-4-10 (Stars
Manor#12) from CTM #1000-22-4-11 (Stars Manor#11), vacant land. Location
of Property: 1625 and 1745 Stars Road, East Marion.
The Board of Appeals will hear all persons, or their representatives, desiring to be
heard at each hearing, and/or desiring to submit written statements before the
conclusion of each hearing. Each hearing will not start earlier than designated
above. Files are available for review during regular business hours. If you have
questions, please do not hesitate to call (631) 765-1809.
Dated: May 20, 2003. Lydia A. Tortora, Chairwoman
Board of Appeals
NOTICE uif: HEARIN0
A public hearing will be held by the Southold Town Appeals Board
at Town Hall, 53095 Main Road, Southold, concerning this property
APPLICANT: Thio k1Ari S , H-
O
TAX MAP #:
REQUEST: 14 Q Ver -1-T3 unryirrIE,
SSandarct 19- .ze 10t3
TIME & DATE: ThUrS . Juvte. I
If you are interested in this project, you may review the Town file(s) prior to
the hearing during normal business days between the hours of 8am and 3pm .
ZONING BOARD •TOWN OF SOUTHOLD • 631 -765-1809
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JUNE 19,2003rP1113LIC - ill, i
1.7_1-,- . HEARNGS> , •- -
al
UTHOLD,TOWN BOARD
:x, , ,,DEAPP,EALS ,,
OTICE IS HEREBY GIVEN,
rsiiant-to-Section-267 of-the COUNTY OF SUFFOLK
w -Law,, and Chapter 100 STATE OF NEW YORK ss:
Cal); Cpde_of theHi:fw .AA
lithold, :11w:following.publiqref,'• -- 'r Lise Marinace, being duly sworn, says
rings_ will,be=;held:�by';the
1MTHO J),,TOW�,N,,B4OARD '''u t , k• she is the Legal Advertising
'APPIJAi3~S at the Town Hall, A i' C4 ordinator, of the Traveler Watchman,
0,95n Man Road;- P:O: Box 7
a9;&;•,Soutliold';-ANew,Wor'k 2003 public newspaper printed at Southold,
971;70959,,von--7 hursday,:June 149.411Nn ' Suffolk County; and that the notice of
;,,2003'; a'f•.the tunes noted - a°
low'(or'as soon-theredffer as of APP., hich the annexed is a printed copy, has
ssible): :•:• c4L's been published in said Traveler
450 841111 IAQNARD,,,AND
EN: �CQSTA .,#5,_337:,• ,- Watchman once each week
,q`u'est'for''-a'VariaYice 'under for / weeks successively,
ction -100-244, based•'ori tl e
i .dingiDepartinent's-Mazc-h 6, commencint pn t e ZZ day of
;03;3; 0tice-,;.of,;Disap rovaL . .. 2003.
ilica';*, ,protiose._a &tions " '
4,..y
" "-alterations rto int y existing /
W
O T
telling:with.a front yard•set= C_
elcof; ss tban,.35 feet-tat-900 '•
� ' ane, Southold; .CT
k00p 88';3=11': - '-- `-'-"
I?0:001'a:.m:<`ROBERT=REtty
51*6;.: 7Variancel is-requested
(40,$petion;1,00-24.4,basedion,
s s SwornAbefore me this �� day of
e "Building`"��D`eppartinnt's-
til a`' 2 ;'=2003?'='Notice'....:.-6f.
2003.
sapproval;Applicant proposes. d,ditions,and„alterations,ini a. .... "
p,atio>`i'•at iessztlid i 3.5'feet'frorii
a',fx4 t�;1'o't"line.`'I;ocation .of 44'/
`APer3'i,;: FZ0:T(ti`ew-"a#5'f0)
eusiz�,Z npe,1-Southold;rOT1\!I- Notary Public
gOQ,- ta-,3,0:1,,r( 9;;#344.30
hinge:4's,one).; : ; _ .
l00•-.,a4m; JOHNT-;-AISN
i;VEIII`sT{t;#5.328,- Emily Hamill
a �T (Nat iangP riaunder - NOTARY PUBLIC,State of New York ''
rque&1't >'�,� �s
No.01HA5059984
Qualified in Suffolk County
Commission expires May 06,2006 ,
1 Legals from preceding page Island';Sourid: ..Theswimming ` (b)- proposed,, .additions/alter.-- Buildingg"<Departtrient's February ��,-�sse"
-pool a1s'o-is proposed in a side ations to a-non-habitable acted- -27,-2003-Notice of Disapproval. Wa-
Section 100-244B,based on the- yard location instead of a code sory building, and (c) "as built" Applicant proposes an additionha
Building Department's February required rear yard. Location of accessory shed located in an to the existing,nonconformin • an
5; 2003 Notice of Disapproval. ' Property: 2670 Grandview area other than the code required dwelling with a single side yar us
Applicants are proposing to con- Drive, Orient; CTM 1000-14-2' rear yard. Location of Property: of less than 10 feet and total side tw
struct a deck addition at less 3.6. 8310 Soundview Avenue, yards of less,than 25 feet, and of
than-35 feet from the front prop' 11:00 a.m. BLUEPOINTS Southold; CTM #1000-59-7- rear yard of less than 35 feet. 4F
erty line at 1060.Navy Street, CO., INC. #5335. Request for: p 29.6 Ref. CTM #1000-48-2-19 (and 3-
Onent;Parcel 1000-25-4-3. (a�) an Interpretation under Sy 1:10 p.m.DAVID PAGE AND 40).
10:20 a.m. DEBRA VICTO- Section 100-242A regarding the/ SHINN VINEYARD #5339: 1:40 p.m. TOWBEE, LLC D
ROFF #5334. Request for a nonconforming,location of an Request for a Variance under. #5355 - Request for a Variance V:
Variance under Section 100 accessory garage building with Section 100-31A(2-c),based on under Section 100-142, based 3(
244, based on the Building' like-kind rehabilitation; and (b) the Building Department's on the Building Department's• D.
Deartment February 11, 2003 if necessary,- 100-71C.1 a February 28, 2003 Notice of February 19, 2002 Notice of N
Notice of Disapproval: Variance under Section 100- Disapproval, amended March 5, • Disapproval, amended April 10, A
Applicant proposes a dwelling 71C-1, based on the Building 2003.Applicants propose demo- 2003. Applicant proposes two ar
at less than 35 feet from the- Department's January 21, 2003 lition of an accessory building new buildings •in this LI ar
front property line and less than. Notice of Disapproval,amended and to construct an accessory Industrial Zone District,with: (a) In
35 feet from the rear lot line, at March 10, 20 t .Applicant pro- equipment storage building at' single side yard setback at less D
445 and 505 Dogwood Lane, poses a demolition and recon- less than 20 feet from the side than 20 feet, (b) rear yard set- 1(
Southold; CTM #1000-54-5-55 struction of an accessory garage line.Location of Property: 2000 back at less than 70 feet,and(c) S(
&29.1 (as one lot). - "as built" at less than five feet Oregon Road, Mattituck; CTM building linear frontage greater
10:30 a.m. LAUREN ZAM- from the rear lot line, at 1240 #1000-100-4-3.1. than 60 feet for Building #1, #:
BRELLI #5322. Request for a Love Lane, Mattituck; CTM 1:20 p m. GARY AND DEB- having a front setback at an ui
Variance under- Sections 100- 1000-140-1-23.1. ORA STROUD#5326. Request average of 90 feet. Location of 11
242A'and 100-244,based on the 11:10 a.m. JOHN AND for a Variance under Section Property: 700 Hummel Avenue, B
Building Department's February PATRICIA CLARK #5336. 100-244B, based on the Southold; CTM #1000-63-2- 1
21,2003 Notice of Disapproval. Request for a Variance under Building Department's February 30.1. A
Applicant proposes additions lo Section 100-244B,based on the 28,2003 Notice of Disapproval. 1:50 p.m. 'EDGEWATER II, ai
the existing dwelling in a non- Building Department's-January Applicants propose an addition LLC #533'0. Request for a tc
conformingfootprint, resulting9, 2003 Notice of Disapproval, to the existing dwelling with a, Variance under Section 100-32, b
in setbackat less than 10 fen amended January 21, 2043. single side yard at less than 15, based on • the Building fr
on a single side and less than 25 Applicants propose additions feet, at 480 Soundview Avenue Department's March 3, 2003' P
feet total sides. Location of and alterations to the dwelling West, Peconic; CTM#1000-74, Notice of Disapproval,amende C
Property:4910 Pequash Avenue, which results in a lot coverage 2-7. March 11, 2003.Applicant pro-
Cutchogue; CTM 1000-110-3- exceeding the code limitation of 1:30 p.m. MILLENIUM 0 poses a new dwelling with a S
27. 20%for all building area,at 800 HOMES AND JOSEPIIY third,story, instead of the code, R
10:40 a.m. FREDERICK Albo Drive; Mattituck; CTM JOHNS. Location of Property: limitation of 2-1/2 stories with, S
AND JOAN FROHNE #5317. #1000-126-3-9. s'� 970 and 1020 Seventh Street, 35 -ft. maximum height. B
- Request for a Variance under 11:15 a.m. DONNA AND Greenport. Location of Property: 63735• 1•
Section 100-239.4B, based on LEONARD SCHLEGE #5333 - Request for a Waiver C.R. 48, Greenport; CTM A
the Building Department's ab under Section Request for a 100-231 based bace of sedrge on underthectio Building 6, #1000-40-1-20.2
HELEN THEO- c,,
DisaFebrpproval.
3, pp 3i Notice ofd on the Building Department's Department's January 2002 HARTS p#5331. Request for a. A
Disa royal. A plicant ro os= 0 ]? 12, q
es additions and alterations to, January 27, 2003 Notice of Notice of Disapproval,amended Waiver of Merger under Section #
dwelling in a location at less Disapproval. Applicant propos- February 27, 2003, for the rea- 100-26, based on the Building
than 75 feet from the bulkhead. es to construct a fence exceed- sons that(a)#1000-48-2-19 and Department's February 18,2003 h
Location of Property: 4700 ing the code limitation of four #1000-48-2-40 are merged as Notice of Disapproval. s•
Paradise Point Road, Southold; feet when located in the front one lot, and (b) that each lot is Applicant proposes to unmerge a
CTM#1000-81-3-4. yard. Location of Property: developed with a single-family CTM #1000-22-4-10 (Stars t(
10:50 a.m.JOHN HURTADO, 1480 Westphalia Road, dwelling having a floor area of Manor #12) from CTM #1000- b
JR. #5319 - Request for Mattituck;.CTM #1000-114-7- less than 850 sq. ft. Applicant 22-4-11 (Stars Manor #11); h
Variances under Sections 100- 13.1. proposes to unmerge 10010-48-2- vacant land. Location of. s
-30A.4, - 100-33C and 100- 1:00-p.m. VIRGINIA AND 19 (part of Greenport Driving Property: 1625 and 1745 Stars a
239.4A(1),- based on the CHRISTOPHER COYNE Park #57), from 1000-48-2-40 Road,East Marion. r.
Building Denartment's January #5323. Request fors Variances (Greenport Driving Park #56.), 1:i n 0 p.m.. TARIQ MAHMOD h
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CHECKLIST FOR NEW PROJECTS
LABEL APPL
ASSESSORS CARD (7 COPIES) NAME I ' kt,
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'INSPECTION PACKETS COMPLETE
• REF: ,
UPDATED NEW INFORMATION
.-
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s,*
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
x
In the Matter of the Application of
AFFIDAVIT
Helen Theoharis OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 22 - 4 - 10 and 11
- ------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Patricia C. Moore residing at 370 Terry Lane,
Southold , New York, being duly sworn, depose and say that:
On the 6— day of , 2003, I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10) feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has"remained i --ca9e for seven days •
prior to the date of the subject hearing te, ar' ercC_Ialeiwas shown to be
June 19, 2003
(Signature)
Patricia C. Moore
Sworn to beforeme tilwerhis
-44day of 4 , 200 3 .
/'-u(L d,i / /ava.i,
(Nis 11:0)4)wpm
Notary Public,State of New York
No.4995913
Qualified in Suffolk County
*near Ringriffightfi6ersagAftntrance of my property, as the area most visible
to passersby.
U.S. P _ _ 74iTnait
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LT) Theoharis
ru Sent To Mr. & Mrs. Themisoklis Voumvourakis
"'a Street,Apt No,
or PO Box No 8408 7th Avenue
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Brooklyn, NY 11228
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Ln 'Theoharis
ru Sent To Mr. & Mrs. William Hukill
.-1 Street,Apt.No.,
O or PO Box No. 1770 Stars Road
City,State,ZIP+4
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East Marion, NY 11939
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.-q Street,Apt No
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ps.F a a.,3:11 Jan . -2001 See Reverse for lastruc
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.-11=1
Street,Apt N4,
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ci
City,State,ZIP+4
Astoria, NY 11106
P F.rm :1, .n 1.1 R. -r-f•ri rziu:
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Angelos Karamitsos-_ L ' _.'
ra Street,Apt.No.,
0 orPoBoxNo2185 Mackay Avenue
t7 City,State,ZIP+4
Fort Lee, NJ 07024
PS Fbrm:3800, ianua $01 See Reverse.for In
U.S. Pr`- - .-f241Y11W
CER\ I141Li1_\I ]pII2
Domestic Mail On! •No Insurance Covera.e Provide._
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Certified Fee ••3P`, %p r!��
Post mark
ru Return Receipt Fee i• 'Here
O ft
l7 (Endorsement Required) I•75 U ,/,/...7
Restricted czpDelivery Fee(Endorsement Required) S
aTotal Postage&Fees $ LI• Lf �'T.2 .1>i'
„) ----_-_"'--Theoharis
ru Sent To William D. Schroeder
•-1 Street,Apt No
� or PO Box No.P•O• Box 491
cm
r•-• City,State,ZIP+4
Southold, NY 11971
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U.S. P al ervi
R 1 4aNm maziA•3412
Domestic Mail Onl •No Insurance Covera•e Provided_
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COM-L ' S • Mr•Mi91Ji4/49l:lb9L4OKOAWORl14U9gi►•
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ' X / ent
• Print your name and address on the reverse , Addressee
so that we Can return the card to you. g. R ceived by Pnnt d e) C. Date of Delive
• Attach this card to the back of the mailpiece, / /finI, ,f r r6
,,
or on the front if space permits. � '/�Tr- ��T
D. Is delivery address different from item 1? ❑Yee
1. Article Addressed to If YES,enter delivery address below o
Mr. and Mrs. Robert Pisciotta
2295 Cedar Road
East Marion, NY 11939
3 Service Type
®Certified Mail 0 Express Mail
• 0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O D
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) . 7001 2510 0002 9603 5360
PS Form 3811,August 2001 Domestic Return Receipt 102595.01-M-2509
UNITED STATES POSTAL SERVICE FST Cas
�� fug S taSg�es-Re+d=
CD P r °
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• Sender: Please print y /r.n� � ddress, and IP, ,in..tlj'�S box •
PATRICIA C. MOORE
ATTORNEY AT LAW
51020 MAIN ROAD •
SOUTHOLD, NY 11971
Theoharis
I i 'C COMPLETE THI- CTION '- COMPLETE THIS SECTION-ON DE '' :
• Complete items 1,2,and 3.Also complete 9 asq
item 4 if Restricted Delivery is desired. X _ `~�. ent
A Signature
• Print your name and address on the reverse Ll 1 'fes �� i ■
so that we can return the card to you. B. Received by(Printed Name) t,. Date.~-liiver'jr:•
• Attach this card to the back of the mailpiece, ,. :\,*.
or on the front if space permits -
D Is delivery address different from de
1 Article Addressed to If YES,enter delivery address below. ■ 0
Visilios Theoharakis
31-08 31st Avenue
Astoria, NY 11106
• 3 Service Type
IN Certified Mail ❑ Express Mail
❑ Registered 0 Return Receipt for Merchandise
O Insured Mail ❑C O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer tromserwce label). ( '7 0.01- 2=510_ 0 0 0 2 9 6 0 3 :5 3 4 6
PS Fo'rrri 3811,August 2001 Domestic Return Receipt 102595-01-M-2509
MEW
UNITED STATES POSTAL SERVICE �F,�\S IV first Crass Mia
PV Postage&'Fees Pali
`Permit=NorG `0@"` •�.
z8 IRY
• Sender: Please printirou. aha ne address, and Z-IP+4"in'this-box•- —
PATRICIA C. MOORE
ATTORNEY AT LAW
51020 MAIN ROAD
SOUTHOLD, NY 11971 •
Theoharis
';"' �!!! I!lFlII!I,iIIF?!IFF:IIlIFlIlti!!u II!�IiFFlIlI�I!!!?FIFII
• Complete items 1,2,and 3.Also complete A ig lure
item 4 if Restricted Delivery is desired. X � � , / 0 Agent
• Print your name and address on the reverse ■ +dre ee
so that we can return the card to you. Received by(Printed N me) . P- = 6f�r I
• Attach this card to the back of the mailpiece, ,/� rj0
or on the front if space permits. 1 /4-O"l (�
D. Is delivery address different from item 1 9 0 Yes
1 Article Addressed to: If YES,enter delivery address below: 0 No
Angelos Karamitsos ( " " o
2185 Mackay Avenue
Fort Lee, NJ 07024 . ..�,9 am
3. Service Type \CVl Certified Mail ❑ Exa �"
V
0 Registered ❑ Returnairg...... V1 rchandise
❑ Insured Mail 0 C O.D
4 Restricted Delivery?(Extra Fee) 0 Yes
2 Article Number 4 -
(Transfer from seryice label) ,, .:.'., ?p 0],. 2 510•, 01]c 2:: 9 6.0;3 153'53
PS Form 3811,August 20014 Domestic Return Receipt !; 102595-01-M-2509
Vf1 '
UNITED STATES POSTAL SERVICE G N� ,_---�=FirstClass_Mail
-- Postage&Fees=Paid
p M ` USPS
_Permit Not-61_10__
• Sender: Please print Iir� ,arddress, and ZIP+1t iis-bo —•
PATRICIA C. MOORE
ATTORNEY AT LAW
51020 MAIN ROAD
SOUTHOLD, NY 11971
Theoharis
IN Complete items 1,2,and 3.Also complete A. Sign ture
item 4 if Restricted Delivery is desired ���,/J�� CIAgent
IN Print your name and address on the reverse X at l/ 24A-v/40 ❑Addressee
so that we can return the card to you. B Received by(Pnnted Name) C Date of Delivery
MI Attach this card to the back of the mailpiece, j�
or on the front if space permits. ! vo t,( Yt1 V t- if`c9( II t
D. Is delivery address different from item 1? Ye
1. Article Addressed to If YES,enter delivery address below. ❑ No
Mr. & Mrs. Themisoklis Voumvourskis
8408 7th -Avenue
Brooklyn;:--NY 11228
3. Service Type
ID Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O D
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number ; -�
(Transfer from service label) I 7001 2510 0002 9603 5377
PS Form 3811,August 2001 Domestic Return Receipt -102595-01=M-2509
UNITED STATES POSTAL SERVICE First-Class Mail
11 11 Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
PAT R I C I A C. M O O P E
ATTORNEY AT LAW •
51020 MAIN ROAD
•
SOUTHOLD, NY 11971
Theoharis
i II II I i I J) I �#i li li I Ii i ii
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-E II ': COMPLET -' TION V rr" - i` '` ' ' —
_
■ Complete items 1,2,and 3.Also complete A Si --- rYla
re
item 4 if Restricted Delivery is desired. A- gent
• Print your name and address on the reverse x ❑Addressee
so that we can return the card to you. B.,Received by(Pnnte Name) C. D.te of Delivery
II Attach this card to the back of the mailpiece, ik j�p e S a�. 03
or on the front if space permits. 'V
D. Is delivery address different from item 1? Yes
1 Article Addressed to: If YES,enter delivery address below: ❑ No
Jane Gohor VO5 l
1870 S t s, ogti':'; \
East Mal.-2i;)- bn,e-l' '. ,A939 939
(11 � ��
3. Service Type
ECertified Mail
0 Express
s Mail
\ \ A Y/ 'f 0 Registered 0 Return Receipt
pt for Merchandise
ss �r ., V\ 0 Insured Mail 0 C.O.D
. r
4. Restricted Delivery?(Extra Fee) 0 Yes
—------ -- ------------------ --- ---------
2 Article Number I
(Transfer from service lapel)i i` 7_0(,.0,1( 2510. .0.00a.,_ , j _ i.i,f 9143. .5339_ _
it iii {lttfiiiliii{llSi)t��t,,111,,i;ii iiiiiiliiiititit
PS Form 3811,August 200 Domestic Return Receipt 102595-01-M-2509
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
PATRICIA C. MOORE
ATTORNEY AT LAW
51020 MAIN ROAD •
SOUTHOLD, NY 11971
Theoharis
I
•71• excecw19g:v
■ Complete items 1,2,and 3.Also complete A Signature
item 4 if Restricted Delivery is desired.
-" ;rent
IN Print your name and address on the reverse X icy/ Addressee
so that we can return the card to you
• Attach this card to the back of the mailpiece, B `R�etceived by(Panted =me) C. gate o,Delivery
or on the front if space permits. t+" - dal 63
D. Is delivery address different from item 1 ❑Yes
1. Article Addressed to• If YES,enter delivery address below: 0 No
Mr. & Mrs. William Hukill
1770 Stars Road
East Marion, NY 11939
3 Service Type
I Certified Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4 Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number f 7001 ,2510 0002; 9603 .5322
(Transfer,from servfcedabeQ, i ,1
PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509
UNITED STATES POSTAL SERVICE First-Class Mail
111111 Postage&Fees Paid
USPS
Permit No G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
PATRICIA C. MOORE
ATTORNEY AT LAW
51020 MAIN ROAD
SOUTHOLD, NY 11971 .
Theoharis
ltttiltttlliiiiiltttii iliiiiltiitttt,11111111111 iitttttitii
_E DER: COMPLETE THI E T• WK• INNWIIStYCYOiit[i]►fliNNIA/E14;r
■ Complete items 1,2,and 3.Also complete A.Signature
item 4 if Restricted Delivery is desifed. j 4,0 _ ❑;Agent
IN Print your name and address on the reverse X ,Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of belivery
IIIAttach this card to the back of the mailpieae,
or on the front if space permits. ( mil 9 ' °t
1. Article Addressed to: D.\Is delivery address different from item trees)/
if YES,enter delivery,address below:_ ❑No
William D. Schroeder
P.O. Box 491
Southold, NY 11971
3. Service Type
l Certified Mail ❑ Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4; Restricted Delivery?(Extra Fee) 0 Yes,
2.-Article Number
(Transfer from service label) C 7001 2 510 0002 9603 5 315
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
UNITED STATES POSTAL SERVICE First-Class Mail
II II I Postage&Fees Paid
USPS
Permit No.G-10
Sender. Please print your name,address,and ZIP+4 in this box •
PATRICIA C. MOORE
ATTORNEY AT LAW
51020 MAIN ROAD
SOUTHOLD, NY 11971
Theoharis
411
• :•
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel:(631)765-4330
Fax::(631)765-4643
June 5, 2003
Zoning Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: Helen Theoharis
Premises : 1625 and 1745 Stars Road, East Marion, NY
SCTM: 1000-022 . 00-04 . 00-010 . 000 and
1000-022 . 00-04 . 00-011 . 000
Dear Sir or Madam:
Enclosed please find the Affidavit of Mailing, seven (7)
Certified Mail Receipts, the Affidavit of Posting and seven (7)
signed Return Receipt Cards for the above referenced matter.
Very truly yours,
PakkZei.(0-/.11100M
Patricia C. Moore
By: Melissa McGowan, Secretary
/mm
Enclosures
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
- x
In the Matter of the Application of
AFFIDAVIT
Helen Theoharis OF
(Name of Applicants) MAILINGS
CTM Parcel #1000- 22 - 4 - 10 and 11
--------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW,YORK)
I, Melissa McGowan residing at 555 Marlene Lane,
Mattituck , New York, being duly sworn, depose and say that:
On the 23rd day of May , 2003, I personally mailed at the
United States Post Office in Southold , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the (x) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
a__a 7))"%�`vai
(Signature)
Melissa McGowan
Sworn to before me this 23rd
day of May , 2003
r
(Notary try Public) MARGARET C. RUTKOWSKI
Notary Public,State of New York
No. 4982528
Qualified In Suffolk County
PLEASE list, on the back of this Affic¶'!?on ads eer o MTV,, he lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
Y.
kr
'Q//
LOCATION MAP
SCALE:1"=600'
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DATE: OCT. 30, 2002 Waiver of Merger — �.8.
JOB NO:2002-580 for
E1--34.1
HELEN THEOHARIS
3s.7 n
E`" S�g•42'40::W o,��ETE NRB ` 'C _ . 1
CERTIFIED TO: Lots 11 & 12, "Stars Manor" o BoxEs °� DRI V G
HELEN THEOHARIS O�/�1 c.e.
At = VV�� 1
C.B. 'L,� _______________--1"J---
�--� _�, 1
W - 1
East Marion 37 — 1
�pF Town of •
0:
•
��P�QQ ,D Ft.Fp9,� Southold c.e.
Suffolk County, New York —
k fr. ..I. S.C.T.M.: 1000-022.00-04.00-010.000 & 011.000
o �j 123A � 30 0 30
I\Ns_s_._
L �N�S0�� — J
P,_
SCALE:1"=30'
DAVID H. FOX N.Y.S.L.S. #50234 NOTES:
FOX LAND SURVE17NC 1. TOTAL AREA = 40,786 S.F.
PO BOX 224 LOT 12 = 20,393 S.F.
SPEONK, N.Y. 11972 LOT 11 = 20,393 S.F.
(631) 325-2902
2. ■ = MONUMENT FOUND, A = STAKE FOUND.
UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY 3. SUBDIVISION MAP "STARS MANOR" FILED IN
IS A VIOLATION OFSECTION 7209 Cr THE NEW YORK STATE
EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE OFFICE OF THE CLERK OF SUFFOLK COUNTY
THE LAND SUR VE tOR'S INKED SEAL OR EMEOSSED SEAL
SHALL NOT EL CONOIDERED TO BE A VALID TRUE COPY.
ON SEPT. 19, 1963 AS FILE NO. 3864.
CERTIFICATION INDICATED HEREON SHALL RIIN ONLY TO THE 4. ZONING USE DISTRICT = R-40
PERSON FOR WHOM THE SLIRVE\ IS PREPARED AND ON HIS •
�BEHALF TO THE S,TLE COMPANY, G EPEON L,NTAN AGENCY 5. ELEVATIONS SHOWN HEREON ARE REFERENCED
,AND LEVO T IN STTU TION LISTED HEREON AND TO THE
ASIGNEES OF THE LENDING IIJSTITUTOII CERTFICATONS
ARE NOTTRANSFERABLE TO ADDITIONAL INST U ONS TO N.G.V. DATUM (MSL 1929).
Li"--
4/// '5
OR SUPSEOUEIIT OWNERS
DWG: 2002-580