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HomeMy WebLinkAbout5331 7 oharis, /'• 4a _1(9a7V5-_ STars_Rd• , u_.magier,- - X533/- . 6/g/o3- wad", to omnia t, 410-yuaot g"/dr'63 ctio pat ddick r, 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 :• I [3 /U1 'LS/[ r/f X97. if ' r 1',r: d l ! cS"n DasDdi d s ti, 2 npvov suD—.)=ao at) asn Bs'e.aTa • ( Q/ -h - - d< `Jl t dvf x1,) o"kV 5'4474 ,1 y''' 1/ 5.107 ~spwa Larne t;;u:gns zo aa-agm ur -� a as?-old 'san gZ -o�. /t^ ET F +� srd E TL_ u'; Sn`�} pu T ��4 C) Uf O pare -7 Ltt -DD ZLu.e ao T1C31i (3(] -E • �:�es seaTa 'dr�aa '41ra[Tz-udaa bu:pTTnE? az; riu paAcadd? sE dull] put TM:17,a6. uTpl-rnq no,iI o JdoD E 4 Tu:g1;.S: es`eaTd 'san aI UAi IsaaTu.zzd aripA LITTa2ri3Duciza ail � s T is a a D`-L a LaT ua 4on�.4suoa LITE' a.:1214 no/ coq• ,. '175"9011.0 as-ew t d "457=a 11Dn g I 4f'+/ 4fai1 L4q7mqnr TLG ry . U1 /ar ET-:s 2 afto, 2 SOU a per- S;o 3uaa SD s• 'r '[ cT 'sSvTz ci am nom a sDT�.ud are -.a o 4.-a-4s 'aTgF T-'I1a•E TI) Z tTaL.ET T' 5 -a- am a11C] tee^ a Ta '"aQTal, .= ;'B t Tz. 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Ex1=TWEDTTdd' srq-4 711-Fr, pe T;Turwt.s d ou] a UD w oLTs rare piTeT4aM at a •z GSGSa .Tb ?Tt T; iam t1 icUDD T{DTQM sc2SL= .2!rciaXc�l arlt -1 `(a • c1� {}C) sal t ) j,i_'.-"-.�at1an _757 "T :I :7,G Dfs Li TrT • a1 B y ' p 44:j / q z.44 rte. 5 pewera,2 Id -1 ag ,'r"' ')f ( -vzc w ,:i11%1 4':u1.-;D„ 7.P Art= 14:;=44z as7aTa "a—d1 Tl) -D, { ) seg { )() tszaAuq a.4.1.-R.Dadsoad as nrw14s BTZTaq so a-VeS _rca* ai..zsm as 5� TEraz azp) up .7sTT saS'[Yliazci -$ .4 AG,y A--, A pClrrGa uJr1/r4insr 7 ff vt s; ( "ps�L,`P�„�- aq hem 4ora'Cj"s FTTR: eads) s:lsoaaqui a T arp z° uoT46Tam ap -e pm sasTisramd ;.aaLans a�I=; T- T T-eT U 12U ; -e bUT za ( ssT .na PuR) grenaT, TPtt-i i cL:yD Tatra pu (s)1auMo aqq SD Sa1Lr u c-L-� aSCT��L� - l& 1dDis 'JT'1a.n.'- 'V'S '2 8f107t =IM aD3 ��a ti111vDi:7.S'�f1(� • • 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 (Name) �n 5. C% t . �+ I J X81 / �/ �, �6t \ v /��� it \ T \ 64i LtZ :_r1 '....----../ ...\- ;-- z. m n 1 1� nom` /�V W /d` •c-t-, co r\-) �� .....--7::::. 2546. o� O1 q1.2g07 _ �� N r IND 4° 6� • 9oi J2,% , . 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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 Page 115 of 133 116 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- Page 117 of 133 118 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 , _, 0 8 r , t....-..J, ,‘‹ 1,� „„,1,.., \ ,,,;,,„,..1,,,,,„..„ , , . • , :__,...::1,,N",z_ile,-• -( \ 1 .. 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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 , -..o, t. • . ,-..-- • ' t C • ••••. r:7--) . -Th VV V . .. ,. ---,'")---' - - .--.--/ . . V. .1.4 1 ' ' .*". ' ' -l''''''T .--Z1..,;2.-. -,..'-‘ --- '' % • 2-' - . ' -:,- 1-1- ..,' . .,. ' J .. :1:,,'' --C't*-'j;`'''5,,;1`,,''''l '''''.'-:-• '-' * . '.`"P ''''1' '-n-'-ii. - . .... , . •,..'V:.'ss',,C7 -'-*-t..-,.'-'. '- ;:'',--- ' - s.t.7- S2Ji _ Cn VI 19' na. t I 0 rs ) 0'4 4;44-A=4., 7 ' .'''''' (61 251 IP N v . SW s.-,•',-77 .''.--2';-. o •.4 ;---, \-----.--..- -,-.., _ •- -.,-.".,.• ., ,,,,,„,,„,,, , .,„,-- -. 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ALL FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL ASSESSORS CARD (7 COPIES) NAME I ' kt, CTY. TAX MAP"(7 COPIES + 1) CTM# . , - -t IVP INDEX CARD (ATTACH OLD) TOWN . L 42_,,„, ✓ LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS V SIX COPIES 'INSPECTION PACKETS COMPLETE • REF: , UPDATED NEW INFORMATION .- J , 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 CER ,I4417 I111:1*07=11'2 t•ornes Ic ?ai •n • 1 o nsura ce -o r- .can_ LEW r r Lrim 7111111111MMIIIIMIIIMIEMIMIIMI70 .i:: ...T:'' ,1 C. ..11 2.(LA L-...' ,- -073..., ,.---0,...-F6=4., CI Postage $ £ 3/1 �`�...,._.z' , La , f p-• Certified Fee A. 30/ ` ,f rll 6POSt�arK [ii Return Receipt Fee c3 Here p (Endorsement Required) r ,''k 'U ��� OO Restricted Delivery Fee ` '�,t (Endorsement Required) 1,{ O� Total Postage&Fees $ L/o 4 d', LT) Theoharis ru Sent To Mr. & Mrs. Themisoklis Voumvourakis "'a Street,Apt No, or PO Box No 8408 7th Avenue O t,- City,State,ZIP+4 Brooklyn, NY 11228 PS Form 3800,Janua -2001 See Reverse fo- r - 'grnx U.S. Pp _al er .i_ CER I ►i ; : _- a _ Domestic Mail Only No Insurance Covera•e Provided ru ru 0 Postage $ r 37 < y° —13 Q^ Certified Fee OI- 3b . ncJ 1 i 41 (Postmark I ru Return Receipt Fee � �(.1 I-jere�°' O (Endorsement Required) II • I(''. ,,,c-- ° '• O Restricted Delivery Fee f ; O (Endorsement Required) �, - ,_q Total Postage&Fees - - 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 P- East Marion, NY 11939 PS Form 3800,Janda S U.S. P a *T4ivIrel: Domestic Mail On!-,No Insurance Covera•e Provide. o ..ii rn Ufr r 1 •Cis. '.1 ,::---' , 12--, L.J ;'-'', .-'-";; rn c3 Postage $ a 37 —0 '.. 1:11— Certified Fee 4. 3 \, -- Postmark .) 11.J Return Receipt Fee 0 (Endorsement Required) 1•7S7/.-_-,,'I r 0 — c, Restricted Delivery Fee ) , v......• (Endorsement Required) ' 0 ' t•i, i ,f—Cli i ‘,Z\ ...l.l' ,--1 Total Postage&Fees $ Ci. i U , ." ' / -, Ln , Thedharlzs MI Sent To \ R F.4—•'..-1. ,/ Mr. & Mrs. Rober-tPasc],otta .-q Street,Apt No 1=1 or PO Sox No 2295 Cedar Road o r— City,State,ZIP+4 East Marion, NY 11939 ps.F a a.,3:11 Jan . -2001 See Reverse for lastruc U.S. Pc% .I - CER1 140M/_V141; N4I,i= Domestic Mail On! •No Insurance Covera•e Pro vi.e .n EL i 2 rn Postage $ 0 3/ �':r -r 1jln J p^ Certified Fee .2 c 3o , v , Postmark � rl! Return Receipt Fee AG,L Here j p (Endorsement Required) f c15 � 'i Restricted Delivery Fee _=s IM (Endorsement Required) - , �- ,a _ _-. Total Postage&Fees o LI) Theoharis rlI Sent To Visilios Theoharakis .-11=1 Street,Apt N4, O orPOBoxNo31-08 31st Avenue ci City,State,ZIP+4 Astoria, NY 11106 P F.rm :1, .n 1.1 R. -r-f•ri rziu: U.S. 130 al ervi = CER 1ED MAI R -C P s.,, Iu. s, •No Insurance Coverage Provi.e. m Ln m OFFiC [ A L USC mPostage $ a 3,/ Cr- Certified Fee p?,3D 5F / Postmark rU Return Receipt Fee I. -7 - ` Herne;, 17 (Endorsement Required) v 666 Restricted Delivery Fee -� r ; i O (Endorsement Required) J U ....a; r/ \ ,) O Total Postage&Fees $ . 44 0 7 A\ '� / ` it Theoharis i-u Sent To \ e i - 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._ IS) a A rn o Postage $ 3 7 7, f f '^! —13J pJ. 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 •.SF.,. •u . .rg Ill See R- • • • .nF U.S. P al ervi R 1 4aNm maziA•3412 Domestic Mail Onl •No Insurance Covera•e Provided_ a- m Ln (�? C� 31 r, it {[� )� : 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 ° ;� �1) Pil11 r1 • 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 73�+ I it l4IiIl I I.iiiiFIiiII iii i?iitit II iiiii4IIIII iiiilil .4111 -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' \, , . • yN� lo,„ .7((,/1. : .() o ,,, . 4- %. ) . /�"._ _ E` P'\_\---_-_____-___,)-( ice/ 1 k„ , i t LOt 13 r r, N - 1 ' ��217239'§, ,0 EL=36.2 I p 1 • •;. 1 1 � Fo�PPo4 179.42'40"E I 0 SITEIt O 1 EA,----37.91 i m k__ _— 3 mo m MAPL z o v -0 n • y 0,` 1 o ck v� 04to .,,,h, Lot 12 $ 11 F \ , dit\i_ •..; 1 o RAPD 5R. 25 V I 0,-, , r N m 1 T 174 � � �'C'F TAX 10 EL=35.5 1 'PI v MAP l0T O " TAX MAP l01 11 • • O 1 �' �+ ¢, p $ s79'4225 ' _- — — i- +fi e'. e+ 9 03E,37., ii a r . v) O Oco • 1 n 1 • r!- O -1O I 1 � y Lot 11 1 ON N o CA b. 1✓ I N 1 W EL=34.7 _ N. • Y._!_9_11_41r 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