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1000-99.-1-19, 20 & 21
KFY MAP r" 1���CJ1�DlVl�ION Q8Z' �Rr e� 7 tots 19,20&21-Map of SOUND BEACH DRIVE Captain Kidd Estates N 52°00'00" E Al 52°00'00" N N 52°00'00' N 31ock I 50.00' 50,00' 50.00' hded,lm3rq19,1949 -M3pNa1672 N 52*00'00" E 75.00' N 52*00'00" E 75.00' 511LIA11 °N MAMIL1 K,fOWN Or X U1N06125(Al 1 I"=500' -- - -- --7e� ww - 4 'WOV COUNfV N,W YOKK ` w �dO" 101:22' 5U{�01k Cou4q fax�p NoSOUND BEACH DRIVE 1000-099,00-OL 00-019,000, o o o I o 020,000& 021,000 EXIST]NC O zxn m.Z17o 1 LOT 2 r 8 I8 a la o 5u0vrvrn:osf201202s C °� 2 STY vLnr l' �oE FR. RES. W G] w �, o4se y 3 EXISTING EXISTING mao 1 aoo• 1 wm L 'o i E, DN ss.o .� _ LOT 1 AREA LOT 2 AREA souxD aaecB DnrvE __ _ N y �y OiuROia °EN 7,500.00 S.F. 7,500.00 �' I � 0.172 ACRES) OJ72 ACRE(S)xao 3 LOT i $ p 1.i°o`. Fn.REs. s I PROPOSED PROPOSED W w gPTL gsss I W LOT 1 AREA LOT 2 AREA ,➢,1 I� m„ E<� 0 o 4 0 ODI Al L zs.0 I O 0�26 ACRE(S) 0.26 ACRE(S) u On co M Noq.Poq�NV I *ALL LOTS LOCATED IN R-40 ZONING* �RµCHEN 1 � OUNXUN G / PATO A6,'XANI71A OWN�z(s)iApucANr(s) A 0 KAP,fAN05AN126Af PA IHEPM05 5 A 5 1"=100 s. / "" ANI2 KIMON fWM05 2 � CONC.REr.WALL I o NYIOx K!T WNL o SNB➢ o _- f m'ifw'k�rr1.rr. -__= t cxax uxK EE. "'d'�'i P1-a rood-re IAl 3v LOP dA LO(dl w(G6 LOP[v S 52*00'00" W 75.00' S 52*00'bO" W 75.00' S 52'00'00' W S 52'00'00'' W S, 52100,0011 N QF NEW)_O 50.00' 50.00' 50.00, MICHAEL K WICKS, P.L.S. �/50390 x 1VIICHAEL K WICKS �s LAND SURVEYING i5 FROWEIN RD — SUITE E2 CENTER MORICHES, NEW YORK 11934 VOICE: 631.874.0156 !F �O 050390 ,per www.wickslandsumeying.com tisFQ L A N�S��J� RECORDS OF RICHARD C. DRAKE SCALE: SURVEYED BY: DRAWN BY: SHEET: 1"=30' M.W. J.W.W. 1 OF 1 O O To - r r Lac off o LHu.., n H He wALL.,, ooL., nr 0., LAH Hen LA x — O BU va.,ANY ANYOr r.ry r.o CON uc ON (q o r.r COD r. OONumLN vor r NO .r. A., Au o r AU[IV Y.(e)-r ,u m. "A r.ro ALr W r A r ur..,a rAO Ic I i01AL rAr ON (9)TIE Fy5ILNCL 0�'RIG-r 0[WAYS AND/OR fA.,LMLD r,Or RLCORD D ANY.NOr S-OWN TAR NOr GUADAINMELDGUr, �Y M JOSHUA . WICKS P.L.S. , p £FjN jr SURVEYED BY J.R.W. DRAWN BY:D.T.O. JOB NO.:JRWz3-oz69 q Q�i P.Q. BOX 593 !` Center Moriches, N.Y. 11934 t JaO Q JoshuaRWicks@gmail.com � rye OP '�' �•-� � {f631 405—B1O$ 1 _= GRAPH IC SCALE ' SOUND BEACH DRIVE S R 2RIN 3� � N 52'00'00" E N 52°00'00" E N 52°00'00" E "' \ f! l 50.00' 50.00' 50.00' O �iYlY1Yt'tY\i��?ii�� tli ;Yii��\iY N 5eQO'00" E 75.00` N 52°00'00" E 75.00' ?;fff l"I0 e l it E NO-'5 .� a . -roWj&J]CK N�� Y Captain Kidd Estates { Q o o ) o P ?ioCk a g r Q M LOT 2 o ram, Q mm• aew• tea" 2 STY _ _ RAT � AHA L) K,'CVh,6f.0 .'w' o1151-e—, F R SES. x y : w` y�C IK( DIV .'AVFW 1 j SW"BEACH DR N LK 5c:i{fk Coun J rak 4'cv tv'o,: -- --- a y a�oTu,� ' I �,� 100✓'�?�,J� �.,t?� ��1ri�1'�u � a Rim.- LOT 1 F x p z sTY. 020,000 ?r y r § rm: zm• ! k W 9 ,� �k p F#355ES. x_ i Csj O O O O O xz O y 11 r arms ! I00 m I - sue. CO 9 I � I *` ! CI) 2011w 4 fl ce`E`rz � ru To rzi j r �V� ) v-vac 7 =e Qo �s I P.WMSE'D M D A {.tti K Fci 5 ✓v �F !%iu t R I 1: EwaRRk1 W. IAT f AfthA Lt}T 2 ARI d,. 1i.250,00 S..F'. 11,250.00 S.F, "vJ GA. S;t'T,IW1 ' .•; tE = 0.26 ACRE(S) 0.26 ACRE(S) ror = mr za ram;z� t-E - TN.zs S 52°00'00" W 75.00' S 52"QO'00" W 75.00' 5 52'00'00" W S 52°00'00" W S 52'00'00" W i 00-7NEv, y 50.00' 50.00' 50.00' RECEIVEDv ;= rc i �Ooumold Town ' Tr Planning Board %f LAW oBE^KED BY- NE,UNA GRIZ_C AL.ER NN OR Q-i.TC THS OR— B NG A IAO NSE JVND SJRVEYCR'S SEAS S -4 GtA- D. EC.R—9,�1.5 O Ch 2 OYORE STA EPJCATKAN lF (- LY EG.D.. J E`M. T THE St' EM5055ED SA FRE GE L_' TRUE AND CGRfvCi r wlES^-rYE SURVEYOR S -.'G- F,' h O J Oh.�3)CERP-A ONS Qi T.iS BOLNGR"SJRV£T N£F La SIGNIFY T}LAT 11 M PREPARED IN ACCORDANCE W:R:THE CURRENT IXa-_\u CCCE OF PV NE FOR LAN ATICPTED BY NEW"PORK EVTE�1S' NJINN OF PROFESSONAL EAYD SLR.'EYOYS.INC.THE CERTRCICON S -D TC PERSONS FOR t4?iv+A THE BOU 1—SJRVEY RAP IS PREPAREQ THE TlF CONE—TO THE GOV*RMMENTAL AGE.`h�Y.AND O NR..UPCN L,S?Fi ON THIS H BQO!.]A FIJI—w:P�a;THE CERPTICA EN NERE'N ARE NOT 1PAN_�R�,fi£.�6)THE LCCAT IN O£UN'ERGRC-UND�'MO OVEMENTS OR ERCRI—H.MENTS AR NO'N ST BE ECP..M.ATED, F ANY LNEERNQ'j C M. O_M1!ENTS OR EfiCRGACH.En S EXIS OR ARE SNOWN,.1 MFRG:tEMENTS OR E'_R..AC-ENTU ARE N COi'FF D E JR EY 6) lSET TO OMENSONS,S HEREON G ERGM Th£SR_c_U4ES TO_N AND LSE AND F—Ir AR NOT N ED TOG E TNE'ERECTON OF FENCES RETA OR N1LS POO T:.rS PLAM C AREAS.A_O SONS TO BUL O�AND ANY OTHER TYPE OF ON_TRIIC.:'JN.(T)PRC ERT'_Oft R MON-ENTS Y�GRF NOT ST,AS. C TN5 S R4 _ N4 �.V�.W`AS RERFDRMED W:iry A TRIEDLEHS5 ROBOTIC 2,TCTAE STAiCt:.,c}THE EXISTE'Cre O.E RIG!?":.F EASE_NRS OF 11010 SHONN ARE O _ , Michaelis, Jessica From:Madison Messina <madison@mooreattys.com> Sent:Tuesday, June 3, 2025 4:26 PM To:Michaelis, Jessica Cc:Patricia C. Moore; Terry, Mark; Cerezo, Mara; Betsy Perkins Subject:\[SPAM\] - Re: THERMOS RESUBDIVISION Attachments:JRW23-0269-MKW.pdf; Thermos & Kapetanos Legal Desc Lots 1 and 2.pdf Good Afternoon, Here is the updated Map as per your letter dated 12/5/2024. If you would, please review and confirm that this meets all your requirements and we will have 5 prints dropped off upon confirmation. I have also attached the Legal Descriptions and we have amended the Deeds to reflect the statement in 2(i) of your letter. We look forward to hearing from you. Best Regards, Madison Messina Paralegal Moore Law Offices On Thu, Dec 5, 2024 at 12:02 PM Michaelis, Jessica <jessica.michaelis@town.southold.ny.us> wrote: Good Afternoon, Please see attached follow up letter. Jessica Michaelis Senior Office Assistant Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: JessicaM@southoldtownny.gov 1 i ,.,. Michael K. Wicks, Inc. LAND SURVEYING ALL THAT CERTAIN PLOT„PIECE OR PARCEL OF LAND,LYING AND BEING IN MATTITUCK IN THE TOWN OF SOUTHOLD,COUNTY OF SUFFOLK AND STATE OF NEW YORK,KNOWN AND DESIGNATED AS LOTS 19 AND PART OF 20,AS SHOWN ON A CERTAIN MAP ENTITLED,"CAPTAIN KIDD EASTATES"FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MARCH 16T", 1917 AS MAP NO.223,SAID LOT BEING MORE PARTICULARY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF SOUND BEACH DRIVE, DISTANT 176.22 FEET SOUTHERLY FROM THE MOST SOUTHERLY TERMINUS OF THE CURVE CONNECTING THE EASTERLY SIDE OF SOUND BEACH DRIVE AND THE SOUTHERLY SIDE OF INLET DRIVE; RUNNING THENCE SOUTH 38 DEGREES 00 MINUTES 00 SECONDS EAST, 150.00 FEET; THENCE SOUTH 52 DEGREES 00 MINUTES 00 SECONDS WEST,75.00 FEET; THENCE NORTH 38 DEGREES 00 MINUTES 00 SECONDS WEST, 150.00 FEET; THENCE NORTH 52 DEGREES 00 MINUTES 00 SECONDS EAST,75.00 FEET TO THE POINT OF BEGINNING. I L THERMOS,&KAPETANOS RESUBDIVISION 'Cl LOT SCTM: 1000-099.00-01.00-021.000 AND P/O 020.000 15 FROWIEN AVE SUITE E2 Tel:631874-0156 Center Moriches,NY 11934 Fax:631 874-0156 Michael K. Wicks, Ine. :C �D SURVEYING ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND,LYING AND BEING IN MATTITUCK IN THE TOWN OF SOUTHOLD,COUNTY OF SUFFOLK AND STATE OF NEW YORK,KNOWN AND DESIGNATED AS LOTS 21 AND P/O 20,AS SHOWN ON A CERTAIN MAP ENTITLED,"CAPTAIN KIDD EASTATES"FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MARCH 16T", 1917 AS MAP NO.223,SAID LOT BEING MORE PARTICULARY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF SOUND BEACH DRIVE, DISTANT 101.22 FEET SOUTHERLY FROM THE MOST SOUTHERLY TERMINUS OF THE CURVE CONNECTING THE EASTERLY SIDE OF SOUND BEACH DRIVE AND THE SOUTHERLY SIDE OF INLET DRIVE; RUNNING THENCE SOUTH 38 DEGREES 00 MINUTES 00 SECONDS EAST, 150.00 FEET; THENCE SOUTH 52 DEGREES 00 MINUTES 00 SECONDS WEST,75.00 FEET; THENCE NORTH 38 DEGREES 00 MINUTES 00 SECONDS WEST, 150.00 FEET; THENCE NORTH 52 DEGREES 00 MINUTES 00 SECONDS EAST,75.00 FEET TO THE POINT OF BEGINNING. , , THERMOS&KAPETANOS RESUBDIVISION LOT 2 w SCTM: 1000-099.00-01.00-019.000 AND P/0 020.000 , 15 FROWIEN AVE SUITE E2 Tel.631874-0156 Center Moriches,NY 11934 Fax:631874-0156 From: Madison Messina <madison@mooreattys.com> Sent: Monday, February 24, 2025 3:02 PM To: Lanza, Heather,Terry, Mark; Palmeri, Allison;Westermann, Caitlin Cc: Patricia C Moore; Betsy Perkins Subject: [SPAM] -Thermos and Kapetanos - Attachments: VL to Thermos - Deed with Schedule A-non dated.pdf,VL to Kapetanos - Deed with Schedule A non dated.pdf; Thermos-New Lot- Deed with Schedule A non dated.pdf,- Kapetanos - New Lot with Schedule A non dated.pdf, 12052024_Planning Board Letter.pdf,ZBA Decision.pdf Good Afternoon: Pursuant to the attached planning board letter dated 12/5/2024, please see attached draft deeds from Vacant Land (subdivided lot)to each neighboring property and then deed confirming.The schedule A descriptions are attached to each deed. I have also attached the ZBA decision granting the variance which is subject to your approval. " Best regards, U G C C�\VTC � �0 Madison Messina FEB5 Paralegal SOUTHOLD TOWN PLANP04G BOARD PLEASE REPLY TO ALL Mailing & Physical Address: �q._ �- q 420 Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www,mooregq .corn ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made the day of _.... 2025 between TUCK REALTY LLC and 202 E.31"HOLDINGS,LLC,domestic limited liability companies with offices located at party of the first part, BARBARA THERMOS and KIMON THERMOAS,as husband and wife,residing at party of the second part, WITNESSETH,that the party of the first part,in consideration of and other valuable consideration,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEE SCHEDULE A ATTACHED(DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the PART OF THE same premises described in a deed recorded in the Suffolk County Clerk's office in Liber 12389 page 299 pursuant to the Town of Southold Planning Board resolution granting the lot line modification date ._ TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. INPRESENCE OF. TUCK REALTY LLC By.___ .... ................... _. __.w______.w ... .......a._.. 202 E.31"HOLDINGS,LLC B NYSBA Residential Real Eswe Forms on HotDocs'(9/00) Copyright Capsoft"Development -1- State of New York ) )ss: County of Suffolk ) On this day of 2025,before me,the undersigned,personally appeared __ as member of a TUCK REALTY LLC,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted, executed the instrument. Notary Public State of New York ) ss: County of Suffolk ) On this day of 2025,before me,the undersigned,personally appeared _ as member of 202 E.31"HOLDINGS,LLC,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. Notary Public Section: RETURN TO: Lot: Block: PATRICIA C.MOORE,ESQ. County: 51020 Main Road Address: Southold,NY 11971 NYSBA Residential Real Estate Forms on HotDocs"(9100) Copyright Capsofta Development .,Z. SCHEDULE Part of Suffolk County Tax Map#1000-099.00-01.00-020.000 to be conveyed to Tax Map#1000-099.00-01.00-019.000 as follows; ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, known as Part of Lot No 20 on "Map of Captain Kidd Estates", filed in the office of the Clerk of the County of Suffolk, on January 19, 1949, as Map No. 1672, being more particularly bounded and described according to said map as follows: BEGINNING at a point on the easterly side of Sound Beach Drive, distant 151.22 feet southerly from the most southerly end of a curve connecting the easterly side of Sound Beach Drive with the southerly side of Inlet Drive; RUNNING THENCE South 38 degrees East, 150.00 feet; THENCE South 52 degrees West, 25.00 feet; THENCE North 38 degrees West, 150.00 feet; THENCE North 52 degrees West, 25.00 feet to the point or place of BEGINNING. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made the day of 2025 between TUCK REALTY LLC and 202 E.31"HOLDINGS,LLC,domestic limited liability companies with offices located at party of the first part, ALEXANDRA KAPETANOS,as husband and wife,residing at party of the second part, WITNESSETH,that the party of the first part,in consideration of and other valuable consideration,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEE SCHEDULE A ATTACHED(DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the PART OF THE same premises described in a deed recorded in the Suffolk County Clerk's office in Liber 12389 page 299 pursuant to the Town of Southold Planning Board resolution granting the lot line modification date TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA VE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF. TUCK REALTY LLC By: 202 E.31"HOLDINGS,LLC By: NYSBA Residential Real Estate Forms on HoLDocs'(9/00) Copyright Capsoft'Development .l. State of New York ) )ss: County of Suffolk ) On this day of 2024,before me,the undersigned,personally appeared and,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. Notary Public State of New York ) ss: County of Suffolk ) On this day of 2024,before me,the undersigned,personally appeared and,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. Notary Public NYSSA Residential Real Estate Forms on HotDocs(9/00) Copyright Capsofla Development .2- SCHEDULE A Part of Suffolk County Tax Map#1000-099.00-01.00-020.000 to be conveyed to Tax Map#1000-099.00-01.00-021.000 as follows; ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, known as Part of Lot No 20 on "Map of Captain Kidd Estates", filed in the office of the Clerk of the County of Suffolk, on January 19, 1949, as Map No. 1672, being more particularly bounded and described according to said map as follows: BEGINNING at a point on the easterly side of Sound Beach Drive, distant 176.22 feet southerly from the most southerly end of a curve connecting the easterly side of Sound Beach Drive with the southerly side of Inlet Drive; RUNNING THENCE South 38 degrees East, 150.00 feet; THENCE South 52 degrees West, 25.00 feet; THENCE North 38 degrees West, 150.00 feet; THENCE North 52 degrees West, 25.00 feet to the point or place of BEGINNING. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made the day of 2025 between BARBARA THERMOS and KIMON THERMOS residing at party of the first part,and BARBARA THERMOS and KIMON THERMOS,residing at party of the second part, WITNESSETH,that the party of the first part,inconsideration of and other valuable consideration,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEE SCHEDULE A ATTACHED(DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the same premises described in a deed recorded in the Suffolk County Clerks office on INSERT LDOR DATE in Liber INSERT LDOR LIBER page INSERT LDOR PAGE BEING AND INTENDED TO BE the PORT OF THE same premises described in a deed recorded in the Suffolk County Clerk's office in Liber 12389 page 299 pursuant to the Town of Southold Planning Board resolution granting the lot line modification date THIS IS A CONFIRMATION DEED TO MERGE ONE-HALF OF PREMISES KNOWN AS 1000- 99-1-20 WITH 1000-99-1-19;SAID DEED TO BE RECORDED SIMUL TANOUSL Y TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center tines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF. BARBARA T.H_—ER MOS....._.. . ............... ......,,,.....,,,,,,,, KIMON THERMOS............... ........................................... NYSBA Residen Coal Real Estate Forms on HotDocs"(9(00) Copyright Capsofr Development _L. State of New York ) )ss: County of Suffolk On this day of 2025,before me,the undersigned,personally appeared BARBARA THERMOS and KIMON THERMOS,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. Notary Public NYSBA Residential Real Estate Forms on HatDoes*(9/00) Copyright Capsoft'Development .z. SCHEDULE A Suffolk County Tax Map#1000-099.00-01.00-019.000 ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, known as Lot No 21 and Part of Lot No 20 on "Map of Captain Kidd Estates", filed in the office of the Clerk of the County of Suffolk, on January 19, 1949, as Map No. 1672, being more particularly bounded and described according to said map as follows: BEGINNING at a point on the easterly side of Sound Beach Drive, distant 101.22 feet southerly from the most southerly end of a curve connecting the easterly side of Sound Beach Drive with the southerly side of Inlet Drive; RUNNING THENCE South 38 degrees East, 150.00 feet; THENCE South 52 degrees West, 75.00 feet; THENCE North 38 degrees West, 150.00 feet; THENCE North 52 degrees West, 75.00 feet to the point or place of BEGINNING. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made the day of e1q gq� �2025 between ALEXANDRA KAPETANOS,residing at party of the first part, ALEXANDRA KAPETANOS,residing at party of the second part, WITNESSETH,that the party of the first part,in consideration of and other valuable consideration,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEE SCHEDULE A ATTACHED(DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the PART OF THE same premises described in a deed recorded in the Suffolk County Clerk's office in Liber 12389 page 299 pursuant to the Town of Southold Planning Board resolution granting the lot line modification date. THIS ISA CONFIRMATIONDEED TO MERGE ONE-HALF OF PREMISES KNOWNAS 1000- 99-1-20 WITH 1000-99-1-21;SAID DEED TO BE RECORDED SIMULTANOUSLY TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALEXANDRA KAPETANOS NYSBA Residential Real Estate Forms on HotDoce(9/00) Copyright Capsofl"Development State of New York ) )ss: County of Suffolk ) On this day of 2025,before me,the undersigned,personally appeared ALEXANDRA KAPETANOS,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. Notary Public NYSBA Residential Real Estate Forms on HotDocs'°(9100l Copyright Capsofl®Development -2- SCHEDULE A Suffolk County Tax Map#1000-099.00-01.00-02 1.000 ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, known as Lot No 19 and Part of Lot No 20 on "Map of Captain Kidd Estates",filed in the office of the Clerk of the County of Suffolk, on January 19, 1949, as Map No. 1672, being more particularly bounded and described according to said map as follows: BEGINNING at a point on the easterly side of Sound Beach Drive, distant 176.22 feet southerly from the most southerly end of a curve connecting the easterly side of Sound Beach Drive with the southerly side of Inlet Drive; RUNNING THENCE South 38 degrees East, 150.00 feet; THENCE South 52 degrees West, 75.00 feet; THENCE North 38 degrees West, 150.00 feet; THENCE North 52 degrees West, 75.00 feet to the point or place of BEGINNING. iN%f„P P via m�:%"::11" VA OFFICE LOCATION: , MAILING ADDRESS: Town Hall Annex �� P.O.Box 1179 54375 State Route 25 �fi � �� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) a Telephone: 631 765-1938 Southold, NY P' q www.southoldtownny.gov ro PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2024 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Thermos/Kapetanos Resubdivision Located: Sound Beach Drive, Mattituck, NY 11935 SCTM#:1000-99.-1-19, 20 and 21 Zoning District: R-40 Dear Ms. Moore, The resubdivision application was reviewed at the Planning Board October 6, 2024 work session and found incomplete. The following must be submitted to this department: 1. Submit 5 copies of a corrected map showing: i. Provide a table of areas showing the before acreages of each parcel and the after acreage of the merged parcel. The map shows only the proposed lot areas. ii„ Add the zoning district to the survey. iii, Correct the metes and bounds distances on the map to match the survey. 2. Draft Deeds inclusive of the following: i. The statement: "The Southold Town Planning Board approved of this Subdivision by resolution on (insert approval date)." ii. A draft parcel schedule with the legal description of the Resubdivision. HL Zoning Board of Appeals variance approvals to create non-conforming lots. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Respectfully, Ma Terry, AIC sistant To Plan Dire or BOARD MEMBERS ^� � 4 •I Southold Town Hall Leslie Kanes Weisman, Chairperson , ,� 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes � Town Annex/First Floor, Robert Lehnert, Jr, 54375 Main Road(at Youngs Avenue) Nicholas Planamento - ZMX* Southold,NY 11971 http://soutlioldtownny.gov ZONING BOARD OF APPEALS April 23, 2024 TOWN OF SOUTHOLD Patricia Moore Tel. (631) 765-1809 Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Appeal #7888, Lot Line Change Thermos, 355 Sound Beach Drive, Mattituck SCTM No. 1000-99-1-19, 20, 21 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's April 18, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. The applicant shall provide the Town of Southold Zoning Board of Appeals a copy of a new deed(s), as tiled with Suffolk County Real Property Department within one (1) year of the final approval of the subdivision by the Southold Town Planning Board. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Please contact the Planning Department regarding the next step in this subdivision process. If you have any questions, please call the office.. Sinc-er�ly,' Kitn E. Fuentes Board Assistant cc: Building Department Planning Department SO Southold Town Hall BOARD MEMBERS 53095 Main Road - P.O. Box 1179 Leslie Kanes Weisman, Chairperson Southold, NY 1 1 97 1-0959 Patricia Acampora Eric Mantes t�sTown Annex/First Floor, Robert I.,ehriert, Jr. 54375 Main Road(at Youngs Avenue)enutiNTi, S Nicholas Planamento Southold,NY 11971 RECEIVED J,ttpJ/southo1dt0WTAny.g0V ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (63 1) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18, 2024 ZBA FILE: #7888 NAME OF APPLICANT: Barbara and Kimon Thermos/Tuck Realty, LLC PROPERTY LOCATION: 355, 405, & 455 Sound Beach Drive, Mattituck, NY SCTM NOS: 1000-99-1-19, 1000-99-1-20, and 1000-99-1-21 5'MA DUE„BIWN2ATJON: The Zoning Board of Appeals has visited the property under consideration in this application and determine's that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA, uffolk _VEJ K CKILMALMMSITKL[IKE (�D � This application was referred as required under the S County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated January 25, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. 12 f`Jr f"R M I N'A''JI(,&.- The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. A reply to a request for comments from the Town of Southold Planning Nt - tes that they have reviewed Board was received on April 2, 2024, 111 t[ic Memorandum, the Planning Board indica the requested variances and is not opposed to the action for the following reasotm 1. The proposed transfer of Lot 2 (SCTM: 1000-99-1-20) will extinguish a single and separate non- conforming lot in the R40 Zoning District in a sensitive environmental area. 2. The split and transfer of Lot 2 (SCTM: 1000-99-1-20) acreage evenly to Lots I and 3 would increase the area and lot Nyidth of two non-conforming lots in the R40 Zoning District, 3. The subject parcels are in FEMA Flood Zone AE (structural hazard area). Further expansion of strUCtilres within these areas is riot recommended. Conversely, structures in these areas should be minimized to prevent damage and loss from storm events. I existing build-out, and The Planning Board has considered the parcel location, surrounding community character, location of structures and vegetation on the parcels. - P..K L_LL_LQN;, This application involves three (3) rectangular-shaped, non-cont'orm i fig I parcels, located in the R40 Zoning District where, Lot I (S("I'M- 1000-994-19 aKa. 355 Sound Beach I)rive) consists of'7,500 square feet, .17 acre,and measures 50 feet along,Sound Beach Drive,then runs south 150 feet along a vacant parcel (also subject of this, application, Lot 2), then runs cast 50 fect along a residentially developed lot to the south, then returns to the roadway 150 feet along a residentially developed parcei trent the east The parcel is improved with a t-wo-story frame residence with second story front balcony over, porch, entry stairs "kith multiple platforms, a rear balcony over porch, gravel driveway with bloc curb. rnasonr.y walk and patio, retaining walls and Page 2, April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20&21 outdoor kitchen; where, Lot 2 (SCTM: 1000-99-1-20 a.k.a. 405 Sound Beach Drive) consists of 7,500 square feet, .17 acre, and measures 50 feet along Sound Beach Drive, then runs south 150 feet along a residentially developed parcel to the east(also subject ofthis application, l,ot 1),then runs west 50 feet along a residentially dcveloped parcel to the south, then returns 150 feet to the roadway along a residentially developed parcel to the west(also subject of this application, Lot 3). The parcel is vacant and undeveloped' where, fait3 (SC'T'M: 1000-99-1-21 aka.455 Sound Beach Drive)consists of 7,500 square feet, .17 acre,and rricaSUMS SO feet along Sound Beach Drive,their runs south 150 tcet along a vacant parcel (also subject of this application, [,or 2), then runs 50 feet west along a residentially developed lot to the south, then runs to the roadway 150 feet along a residentially developed lot to the west The parcel is developed with a two-stor), frame residence with second story front balcony, a Triasoviry driveway,outdoor kitchen,masonry retaining walls,a small frarne sited arid a frarne garage"as shown on tire surveys prepared by Joshua R. Wicks, Licensed Land Surveyor and dated September 10, 2023. RA Request for Variances frorn Article IV, Section 280-18 and the Building Inspector's December 4, 2023 Noti'ce of Disapproval based on an application for a lot line change',to split lot no, 1000-99-1-20 arid adding equal parts to two adjoining lots; 1) two lots treasuring less than the code required rnininlual lot size of 40,000 sq ft�� 2)two lots measuring less than the code required ininimurn lot width of 150 feet; 3)two lots rcasuring less than the code required minunuin lot depth of 175 feet; located at: 355 Sound Beach Drive, 405 Sound Beach Drive and 455 Sound Beach Drive, Mattituck,NY. SCTM, Nos. 1000-199-1-19, 1000-99-1-20 and 1000-99-1-21. E, REIKE_REQUES'l P: 'Ne applicant recitiests six (6' variances for a lot line modification, irripacting, three (3) properties, where tire code requires a minimum lot size of 40,000 square feet per lot created,a minimum lot width of 150 linear feet wide for each lot created, and a lot depth of a rniniITIUM (If' 175 linear feet for each lot created After splitting, the center lot(Lot 2) arid adding it equaH) to the two adJoining lots (Lot I and 3), Proposed Lot I will be non-confoniiing with lot size of 11,250 square feet with a lot width of 75 linear feet and a lot depth of 150 linear feet; Proposed Lot 3 will be non-conforming with lot size of 11,250 square feet with a lot width of 75 linear feet and a lot depth of 150 linear feet. AD )I LIQNAt,� Ll 1"'he applicant provided additional, individual arid combined, surveys Drive, NLQ9MA HQN.:1 newly configured Lots I arid 3, where Lot I (SC"I'M: 1000-99-1-19) will measure 75 feet along Sound Beach Drive, then run south 150 feet along Lot 3, then run east 75 feet along a residentially developed lot to the south and return to the roadway 150 feet along a residentially developed lot to the cast; and where Lot 3 (SCTM: 1000-99-1021)will measure 75 feet along Sound Beach Drive, then run south 150 feet along Lot 1, their run west 75 feet along a residentially developed lot to the south and return to the roadway 150 feet along a residentially developed lot to tile west-,as shown on the surveys prepared by Jc)shua R, Wicks, Licensed Land Surveyor and dated September 10,2023 Prior Zoning Board of Appeals relief was granted for 355 Sound Beach Drive, Mattituck (SCTM: 1000-99-1-19) under file: #5825 dated February 13, 2006 granting reduced side yard setback #5910 dated August 24, 2006 granting alternative relief, allowing the applicant's construction plan at the requested number of stories with the lowest floor (above grade) for a non-habitable basement area, and the remaining two floors as habitable area (floors above the ground), subject to the following condition: The dwelling shall be equipped with a full house fire suppression system. Prior Zoning Board of-Appeals relief was granted for 455 Sound Beach Drive, Mattituck(SCTM: 1000-99-1-2 1) under file: #6499 dated September 27, 2011 granting reduced front yard, combined side yard setbacks and excessive lot coverage with a condition that the second floor deck on the front elevation shall remain open to the sky. Each developed lot, 355 Sound Beach Drive(SC'flvl; 1000-99-1-19) and 455 Sound Beach Drive(SCTM: 1000 99-1-2 1), are covered by various Certificates of 0ccupancy for Improvements on the individual site. 405 Sound Page 3, April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20&21 Beach Drive(SCTM: 1000-99-1-20) is undeveloped in remains in its natural state. The applicant provided copy of*a deed, dated April 17, 2023,and filed with the Suffolk County Clerk, for Lot 2 (S(I JM: 1000.99-1-20) illustrating ownership in the narne of Fuck Realty, U.C. The transfer was made and recognized as a single and separate lot since the seller, Peter Phillips, [11,owned the parcel since prior to July 1, 1983. No member of the public or immediate neighbor spoke in favor of or against this application. The Zoning Board of'Appeals held a public hearing oil this application on April 4,2024 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Grant of the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Fhe Sound Beach Drive neighborhood consist.,; of'equal-sized, non-code conforming lots develoed in the id tweniet centUry, on the Long Island Sound and oil the roadway opposite. The street is a 'dead end"p culminatinrng in pedesttrh an access to the beach, used by immediate residents and others within the community of Mattituck, narnely,Captain Kidd Estates, Most area homes have been expanded upon or updated in recent years to reflect conternporar-,� needs. Lot 2 (proposed to be equally divided and shared with Lot I and 3)is the last remaining lot on Sound Beach Drive to remain vacant arid undeveloped All other lots, approximately 37, have been improved with residences In 'splitting this lot and establishing lot line modification where Lots I & 3 are enlarged, both remaining lots will be more conforming to code and additionally, a building lot will be extinguished with benefit to the environment and local community. 2 ' 'The benefit sought by the applicant cannot be achieved by SOTTIC method, Feasible for the applicant to pursue,other than art area variance, T'he only possible way to affect a tot line modification,wherethe non-conforming lots are concerned is by variance, Howev'er, in permitting the modification arid extinguishing potential future development off-ot 2, the remaining lots will be enlarged arid more code conforming than at present. 3. lown La*6ev tL267-bQ(b)(3). The variances granted herein are mathernatically substantial,representing 50%relief from the code relative to the individual, 150 linear feet required tot width of each parcel, 14 3% relief frorn the code relative to the individual, 175 linear feet required lot depth of cacti parcel, and 72%relief from the code relative to the individual, 40,000 square feet area required of each parcel. 1-1()wever. in splitting' Lot 2 and sharing the area equally with Lots I and 3,one fewer residence will be potentially built avoiding additional environmental concerns of wastewater in an environmentally sensitive area, risk to additional structures in a FEMA designed area, and the two remaining lots will be enlarged, making them more compliant with the Code for the R40 Zoning District. 4. So evidence has been submitted to suggest that a variance in this residential corn ultinity will have an adverse impact on tire physical or environmenial conditions in the neighborhood. The applicant must comply with Chapter 236 of tile fown's Storm Water Management Code. 5, The difficulty has been self-created, The applicant purchased the parcel after the Zoning Code was in effect an it is presumed that the applicant had actual or constructive knowledge of the I imitations on tile use oft he parcel under the Zoning Code in effect prior to or at the time of'purchase. 6. Town Law §267-h. Grant of the requested relief is the minimurn action necessary and adequate to enable the applicant to eltjoy the benefit of'splitting Lot 2 (SCTM: 1000-991-20) and sharing it equally with Lot 1 (S(,'TM: Page 4, April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20& 21 1000-99-1-19) and 3 (SCTM: 1000-99-1-21)while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Ill $-(Lt.1i:j*FiQN,,(),t-,,t'i OA ) !t�,�-,B. ,R.[., : In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Lehnert,and duly carried, to GRANT the variances as applied for where each Lot I and 3 will contain 11,250 square feet in area, lot width of 75 linear feet and lot depth of 150 linear feet as shown on the"combined"survey prepared by Joshua R.Wicks, Licensed Land Surveyor and dated September 10,2023. SURIECT TO THE FOLLOWING CONDITIONS:, 1. Town of Southold Planning Board approval is required. Failure to receive approval will nullify this decision, 2. The applicant shall file new deeds with Clerk of Suffolk County, and provide this Board with a copy of the filed/recorded deeds with updated Suffolk County Tax Map Identification Numbers, along with filing same with the Town of Southold Assessor's office. This approval shall not be deemed effective until the required conditions have been met.Itt the discretion oj" the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature jor an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE %PPROVAI "VED J-lEREIN Please Read_L,a refullj Any deviation from the survey, site plan andlor architectural drawings cited in this decision,or work exceeding the scope oj'the relief granted herein, will result in delays andlor a possible denial by the Building Department oj"a building permit andlor the issuance of aMop Work Order, and may require a new application and public hearing before the Zoning Board oj'Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan andlor survey cited above,such as alterations, extensions,demolitions, or demolitions exceeding the scope of'the relief granted herein, are not authorized under this application when involving nonconj6rmides under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other Icatures as are expressly addressed in this action. 'nME LIMITS ON,THIS APPROYAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been riled with the Suffolk County Clerk, within three(3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not Page 5,April 18,2024 M7888,Thermos SUM Nos. 1000-99-1-19,20& 21 to exceed three (3) consecutive one (1)year terms. 11' IS THE PROPERTY-OWNEWS TIM14" RESPONSIBILITYTO, ENSURE COMPLIANCE WITH THECQRLEI�Q)�UIRF,,D , FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Lehnert. (4-0) Leshe banes Weisman, Chairperson Approved for filing /2024 Southold Town—Planningg /qrC ,ae i nnOctober 7 2024— Pa e . .._.� ....._.. w_ww.__.._.....__._ ..-.... .. .. _ www.w.w_ w. j Project Name: Dignans Resubdivision [§C,TM#. & 5 8&-2-7.5 iLocation...... � ...... ..�.._ .... ._ _ _....�_ .. _. _ . ... .... ._ _ s proposed 240 Di nans Road, Cutch { Description', ' This & 2.�M _. .� o ge w ..m�_..._ ... 21 y p p posed resubdivision is to mere SCTM#1000-83.-2-7.4 and 7.5 fto create a single 4.76-acre parcel in the R-80 Zoning District ... ... New Application Acttus e . _.._Sta Iona _. Review for Completeness __..w ........ ... Attachments 1 Staff Report . Pr.o.._Je....c_t._Name ,. Thermos & Kap e_tanos Resubdivision SCTM# w... 12100.0.. 99 -..1- 19, 0 & 21 1 Location: 455 Sound Beach Dave, MattitUck ... �_........_ _.�... Description: This merging half 5resubdivision is to eliminate STCM#1000 99.-1-20, � p proposed g g ( ,625 sq ft.) into STCM#1000-99.-1-19 and half(5,625 sq. ft.) into STCM#1000-99.-1-21. Following the mergers, Lot 19 will equal 11,250 sq. ft. and Lot 21 will equal 11,250 sq. ft., both to be less non-conforming in the R-40 Zoning District. Status: New Application Action. Review for Completeness ._._ Attachments. V Staff Report ..Project Name: �� .... ...� _._ .... w..... _....._......._. ... ._... _ _... _ j Z& S Contracting Resubdivision SCTM# 1000 6 2 18, 17.2 & 173 Location Fox Avenue, Fishers Island ..._. _w_..www__..... . Description: This proposed resubdivision is to transfer 16,346 sq. ft. from SCTM#1000-6.-2-17.3 to SCTM#1000-6.-2-18, and to merge SCTM# u 1000-6-17.2 with Lot 18. Following the proposed transfer, SCTM#1000- 6.-2-17.3 will decrease in size from 69,427 sq. ft. to 53,081 sq. ft. to become less conforming in lot area and lot depth in the R-80 zoning district, and Lot 18 will in increase in size from to 62,895 sq. ft. to become less non-conforming and will remain split-zoned in the R-80 and LB Zoning Districts. ... .... _._ _ w for Com letene _ Status:ion: k Rev application_ _ Act P_ _ . ss ..._ _. { Iw Attachments: _ _.Staff Report ... ._._.__mmmmm_.�.. ........ ___.. _ _ Discussion: ❖ Planning Board September Monthly Report ❖ 2025 Planning Board Meeting Dates Southold Planning Department Staff Report Subdivision Application Work Session Review Date October 7, 2024 Prepared By: Mark Terry, AICP I. Application Information Project Title: Thermos/Kapetanos Resubdivision Applicant: Barbara and Kimon Thermos and Alexander Kapetanos Date of Submission: Tax Map Number: 1000-99.-1-19, 20 and 21 Project Location: Sound Beach Drive, Mattituck, NY 11935 Hamlet: Mattituck Zoning District: R-40 II. Description of Project This proposed resubdivision is to eliminate STCM#1000-99.-1-20, merging half (5,625 sq. ft.) into STCM#1000-99.-1-19 and half (5,625 sq. ft.) into STCM#1000- 99.-1-21. Following the mergers, Lot 19 will equal 11,250 sq. ft. and Lot 21 will equal 11,250 sq. ft., both to be less non-conforming in the R-40 Zoning District. Type of Subdivision: Resubdivision Acreage of Project Site: .78 III. Status New Submission IV. Action to review • Completeness • Waivers of Requirements SEQRA and LWRP Exemptions • Next Steps V. Completeness Review The following table shows the requirements for Re-subdivision Completeness: Required Submitted Cover Letter Yes Re-Subdivision Application Form Yes Authorization Letters Yes Transaction Disclosure Form Yes Page 2 Property Deed(s) Yes Copies of Easements, C&Rs Yes Proof the parcel meets Lot Yes. All lots were created in 1949 Recognition under the Captain Kidd Estates subdivision. Certificates of Occupancy Yes Short Env. Assessment Form Yes - Type II Action Application Fee Yes $500.00 6 Copies of the Re-subdivision Plan Yes inclusive of the following: • Existing and proposed acreage for each lot, • Existing and proposed lot configuration for each lot, • Existing lot lines shown with dashed lines and proposed lot lines with solid lines. Draft Deeds inclusive of the No statement: • "The Southold Town Planning Board approved of this Subdivision by resolution on (insert approval date)". Schedule with legal description of No Resubdivision LWRP Consistency Form Submitted —Action is exempt from LWRP review The following table shows the technical requirements for a Re-subdivision Plan: Required Submitted Key/Legend N/A Existing & Proposed lot lines Yes Table with existing and proposed No acreage Existing and proposed Yes improvements Name of Project Yes Name of all property owners Yes Name, address, seal and license Yes number of NYS license surveyor or engineer preparing the plan North arrow Yes Tax map numbers Yes All utilities, available and proposed Yes Zoning District No Page 3 Existing easements and C&R's NA including liber and page number Distance to nearest existing, or Lots abut Sound Beach Drive platted streets, intersections, or other public ways within or immediately adjacent to the lots. Location of wetlands, recharge NA areas, flood-prone areas (as shown on the FEMA Flood Maps) and the Coastal Erosion Hazard Area line. Southold Zoning Board of Appeals Decision On April 18, 2024, the Southold Zoning Board of Appeals granted area variances for lots 19 and 21 for an 11,250 sq. ft. lot area in the R-40 zoning district with a lot width of 75' and depth of 150'. Suffolk County Department of Health Services • Approval from the Health Department is not required. No density will be created because of this action. Lots 19 and 21 are currently improved with single-family residences. VI. Waivers Pursuant to Town Code §240-56 Waivers of Certain Provisions, the Planning Board may waive certain elements of the subdivision review §240-56 Waivers of certain provisions. "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law." After reviewing the information submitted for this application, it is recommended that the Planning Board waive the following requirements and steps of the subdivision review process, as they are they are not requisite in the interest of the public health, safety and general welfare: a. Sketch Plan -Article V b. Existing Resources Site Analysis Plan (ERSAP) - §240-10 (A) Page 4 c. Yield Plan - §240-10 (8) d. Primary & Secondary Conservation Area Plan - §240-10 (C) e. Preliminary Plat -Article VI f. Preliminary and Final Public Hearings - §240-19 (C-2) The recommendation to waive the above-listed provisions of subdivision is justified by the reasons listed below: 1. The lots are currently improved with a single-family residence. No increase in density is proposed. VII. SEQRA Pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5(c)(16), the proposed action is a Type II Action under SEQRA. Vill. LWRP The application is EXEMPT from review by the LWRP. IX. Items to consider 1. The subdivision application INCOMPLETE for review. The applicant must submit: a. Provide a table of areas showing the before acreages of each parcel and the after acreage of the merged parcel. b. Add the zoning district to the survey. c. Correct the metes and bounds distances on the map to match the survey. d. Draft Deeds inclusive of the statement: "The Southold Town Planning Board approved of this Subdivision by resolution on (insert approval date)." e. A draft parcel schedule with the legal description of the Resubdivision f. Zoning Board of Appeals variance approvals to create non-conforming lots. Once the application is complete, the above-recommended waivers will apply if granted. Page 5 I� -----,, Su'vchCooglr. M,gx III � � uuuuuuuuuuuuu�uuuu,V88�u�uuuu�V��IIII ` ��( a�staurao�t i-�1 Hcrkcls �Things to do J�j Muscnrxt r �6 pp r yip i N.i li I , r r I r , /A%/ ���� �I �ulllf IIIV s III Idll ill II r Page 6 13 �I Sound Bch Dr 9� I�glgl Maltffixk,Now York ^il Aug 2024 See mcme dates o ,r t /l Sv [3 Submission Without a Cover LetterRRECEEIVED jR� 2024 -' U ff0d-r6-i-- Name; Planning Board Project Title: CA ptq i n 1� �S-T-�'t , 5 F 5 v,Aa iv S 1�0/) SCTM#: 1000 - Q 9 . — ( — 'L Q Z Date: -7 / 2 2 2 11 Details of Submission: re-g,ow v , 5 oh q P pl i c Gi q + - appliC-^YI4- +rghSgc+ io dl'S C -- L W R p -go �, � 10 -Po r r-\�!, ZFA f\s x -�s 0-9 pi art,S Fat RECE IVED w... ... . Gp � na 20 2 4 Planning Board SOUTHOLD PLANNING DEPARTMENT Re-subdivision (Lot Line M"odi cation) Application ;dorm APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVMSTON described herein: Lt c 1. Original Subdivision Name t 2. Suffolk County Tax Map#(include all tax map parcels involved) ��� .�_M ! ... ..........� ! ._.._� ....._. ..................... .. ............................... _m�...M.........� 3. HamletC_ 4. Street Location 7 r-;g I J 5. Acreage of Site L81— ( � 2-6 6. Zoning District ........_._.... 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: N tr11 P z" �� kC�. f. 2102 e� f � . "fi boo ,D) _m . ww_ww ww-.__ _ .. Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: Property Owner(s): aeG _�ww...... +C Surveyor: O s�l Lick Y�i _, www_............ Engineer: Attorney _ —__' 'i 0 9. Briefly describe the proposed lot line change and state reason(s)for requesting same. f3 � _ ._ `� ���' �� ��.? e l S`00 S , ..... �z sae � 41 ww _a w. . .. : .. ... ....................._.._.._....wwww . ___wwwwww...._.......... ................................ _w........ _............._w_ "evww � µkw Sw.ww � � _ � !�ww5 rzP 7,� 2 Re-Subdivision Application Form 10.DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? (b) Affect any area reserved for public use? (c) Diminish the size of any lot? (d) Create an additional building lot? NO (e) Create a nonconforming lot? (f) Require a variance from the Zoning Board of Appeals? ;CAI, (g) Impact the future planning of the subject properties9 11. Does the parcel(s) eet the Lot Recognition standard in Town Code §280-9..txyt, ........., If"yes", explain how: 12.Does this application meet the standard in adjjLg t gf pL,j— -njqn� Qp Ljy lines to waive the subdivision process?If so, please provide the name and date of the original subdivision. 11.1b 13. Application completed by owner P—Lh agent other Upon submitting a completed application,the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code 4 240-57. Waiver, agliustinent of rover lines. If the application meets the criteria for a waiver, the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. Signature of Preparerz--_— Date 3 Re-Subdivision Application Form I,Barbara Thermos and Kimon Thermos owner of the property identified as SCTM# 1000-99-1-19 in Mattituck,NY, hereby attorney Patricia C. Moore to act as my agent and handle all necessary work involved in the lot line modification process with the Southold Planning Boa Signature.- Bar y ara The o �,, �.......,, a lilnon Thermos Swor111 before me this` ` day of �-cz- f. Notary pu c signatur [N t LON DAVY IC,STATE OF NEW YORK NO.01 DAO012354 QUALJFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES AUGUST 21,2027 1,Barbara Thermos as member of Tuck Realty LLC co-owner of the property identified as SCTM# 1000-99-1-20 in Mattituck,NY, hereby attorney Patricia C. Moore to act as my agent and handle all necessary work involved in the lot line modification process with the Southold Planning Board. TUCK REAl,TN' LC T Signature: Bla bara Thermos Sworn befor�20�3, me this day of .. ........................................... ................. Notary bli, signat - gj g's' Sta N DAVY PUB IC�STATE OF NVN yoRl< No.OIDA0012364 QUALIFIED IN SUFFOLI<COUWry MISSION E)TIRES AUGUST 21,2027 MY COI t I, Alexandra Kapetanos, as member of 202 EAST 31 sT STREET HOLDINGS,LLC, as co-owner of the property identified as SCTM# 1000-99-1-20 in Mattituck,NY, hereby attorney Patricia C. Moore to act as my agent and handle all necessary work involved in the lot line modification process with the Southold Planning Board. 202 EAST 31sT STREET . 7A'DING�� J, " S ignaturt _ . � d a Me an ra apetanos Sworn before me this �k�day of .F Notary public signature Notary Puf:h(.", r)f New York No Qualified in Nassau County [Notary Stamp] Commission Expires Dec.13,26 I,Alexandra Kapetanos, owner of the property identified as SCTM# 1000-99-1-21 in Mattituck,NY, hereby attorney Patricia C. Moore to act as my agent and handle all necessary work involved in the lot line modification process with the Southold Planning Board. igiiatur .-kexandra 1 a etilhos Sworn before me this day of V; Notary public signature Nadia Bakhash Notary Public,state of New York No.01 BA6120219 [Notary Stamp] Qualified in Nassau County Commission Expires Dec.13,20_0Aq Southold Plannio De alrtment Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Thermos Barbara and Thermos Kimon and Moore.RatriqLia C.C. unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Site Plan.- Other(Please name other 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 business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,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 noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Sul mitte this __„da o 2203 Bar astir 1"Iterinos OatrioiaM'C"".Moore Disclosure Form Southold Diarloio Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Tuck NRgeahy LLC and M ore Patricia C. unless you are applying in the name of someone else or other entity,such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Site Plan Other(Please name other 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 business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold ____ Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,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 noncorporate entity(when the applicant is not a corporation); -, C.an officer,director,partner or employee of the applicant;or w_ „ D.the actual applicant Description of Relationship: ............... Sulam` ted hi y of7[20A'A Tuc Real l.,l..C'. By:Barbara Th r os,Member Patricitr(''.Moore Disclosure Form Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: 210 1-a 1 1'^' tre t I°I(Ll dins LL,C and'M(Lor 1.l'r c_ unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Site Plan Other(Please name other 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 business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No, X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,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 noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: �www___......_�.._�.___�.......... ....". Sulam"ted this '�da I 2021M 202 st SY 31 Street caldin s l..t~° y:Alexan ra Rapetan's, Mel er Patri"cCa C.Moore Disclosure Form Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: lap tanos,Alemg&a and Moore Pates unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Site Plan Other(Please name other 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 business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes, No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,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 noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Su mitted this w t of" A exandra Kalaetano .. Ile . � .., Patia C.Moore Disclosure Form 617.20 F I wAppendix B JU IShort Environmental Assessment Form kotoVlaon Instructions for Cony L leting Planning Board__,_ Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. _wwwww _ 1-Project J P,........... ..... _._........_______w w._._. .........�.,._._ww__.._.._..•_....._w............_._. . ww_._._._.�............... _w_._•_._._..................... Part and Sponsor Information Name of Action or Project: Thermos Kapetanos Lot Line Modification ............._ ......� Project Location(describe,and attach a location map): 1000-99.-1 -19 , 20 , 21 Brief Description of Proposed Action: Middle lot to be split and 1/2 lot deeded to adjacent improved property. Name of Applicant or Sponsor: Telephone: 631-765-4 30 Thermos & Others c/o Pat Moore E-Mail: pmom@mooreatlys Qom wwwwww........ Address: c/o 51020 Main Road City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, MrtMrtMrtry W NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or ...w ..._..._..._.. .....___....._, _- _. ww........prop...... m . r q p pp �www funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ZBA Approval Attached ...____.._....___.......____...... ----.......................____._..........��,....,..,M,...,,,......,.,_,.______ ..:.�25.............._..................m_..._.._.._......�..........��.,,,,,,,,,,,......... _.�.......... ._.____... 3.a.Total acreage of the site of the proposed action? '0 acres g physically acres b.Total acreage to bedisturbed c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 025 acres 4. Check all land uses that occur on,adjoining and near the proposed action. [:]Urban Rural(non-agriculture) ❑Industrial Commercial aesidential(suburban) Forest Agriculture aquatic Other(specify):ti aarkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? E b.Consistent with the adopted comprehensive plan? v( 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify„ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? �r c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? M✓ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES p q g features and technologies: If the proposed action will exceed requirements,describe design eat ..... 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water:... .................... _1F1 ......................... Z 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: _ l e u 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14.mm Identify the typical habitat types that occur on,or are likely to be found onthe project site. Check all that apply: FlShoreline Forest ❑Agricultural/grasslands ❑Early mid-successional ®Wetland ❑Urban []Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 7.MWill the proposed action create storm water discharge,either from point or non-point sources? _ TT lz: 1 NO YES If Yes, F a.Will storm water discharges flow to adjacent properties? ❑ ❑NOYES ❑ b.Will storm water discharges be directed to established conveyance systems(runoff a, storm drains)? If Yes,briefly describe: Q N'('}M YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ... .. ...... ..... ........... ... .... .... .. _. ........................ ... ...... .... .. ..... ...... 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Z El �_...�w.__.... �_� .............. .......... �_�_�_ _�_. �_� .�_ �_ __........... �� _._ ._................ .......... 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name:_wwwww_w_._uww__w. ......wu..wuwwwwuwu..wwww..w wwwwwwww..wvwvwvwwwww_w .... Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? R 3. Will the proposed action impair the character or quality of the existing community? M M 4. Will the proposed action have an impact on the environmental characteristics that caused the El� establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? F-1 El 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? El 1:1 7. Will the proposed action impact existing: a.public/private water supplies? El- b.public/private wastewater treatment utilities? F] 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? El F-1 Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. .� ............�.�.�.�.wvwv..wv Name of Lead Agency Date .......�._�..�.�.��.........��. ... �.. ...w_._._._._._._._._._._._._._._._._._._._._._._._._._._._._._..._._._._. ................................. .......... Title of Responsible..... ..Officer...... ........._..........�.�.�.�.�.....�.�.�.�.�.,., Print or Type Name of Responsible Officer in Lead Agency _.__-...-w-_.w.w.wv._._..wvwv.....wvwvwvwvwvwvwvwv--- �...�......_._.............................................................................................................................................. i r f Pr rer if different i Signature of Responsible Officer in Lead Agency Signature o epa ( d ent from Responsible Officer) Page 4 of 4 RECEIVED Town of Southold - ' LWRP CONSISTENCY ASSESSMENT FORM JIAI ouvioid "own A. INSTRUCTIONS Planning Board 1, All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 99. _ 1 _19, 20&21 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. r-1 Building Dept. �1✓ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Middle lot purchased by adjacent parcels.Land split and added to adjacent improved parcels.(Lot line modification) Location of action:355&208 Sound Beach Drive,Mattituck Site acreage:.025 7µ500.Split.......__............. ._____________________________._._____. Present land use:Vacant lot-Split and added to adjacent homes Present zoning classification:R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Thermos, Kapetanos,and Middle Lot LLC's (b) Mailing addreSS:.c/o Pat Moore 51020µMaingRoad,Southold,NY 11971 (c) Telephone number: Area Code 631-765-4330 ............ (d) Application number, if Will the action bedirectly undertaken,require funding,or approval by a state or federal agency? Yes � No LY 1 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes F No E]Not Applicable 3 lots become 2 lots. 2 existing improved pre-existing non-conforming lots will be made larger w_,wwwwww..............................................................................................._._........... .�� __. ........................_._. ._._.................... .W....... �ww_w_w_w__.. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Fl Yes F] No(71 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes F-] No IZI Not Applicable __...._ .... .. _.. __. ................ ...._......._..................�....�................_... m.....-...... �...-_.....__..__................-.......... _..__..... ... .... ............................. ....._ ...-..�,------------------------------------------------ _- Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes F-1 No IZI Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes F1 No ZNot Applicable _w._wwwww_................_ww............................_............... - .�..�._..........................................................w_._._..............w_...._w.�.................................ww_......ww_..............................................................................__......................._....................... � Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-Policies; Pages 22 through 32 for evaluation criteria. Yes No IZI Not Applicable �w�.___`i` ...._._._.ww ___ww...ces's_wwwwwww................__-- ____---w_� -------- . .�................_._.............................._wwwww.w.w--------------------------- Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. F] Yes E]No Z Not Applicable _ .........................................---- Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. E]Yes t � No rYJ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. I F]Yes � No u- a Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. R Yes 1:1 No 121 Not Applicable .._... ___w��d.._t—io ....................ee- . ....... _................. _.... �....... ...... -.. ._------------- Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes 1:1 nw No LJ Not Applicable _.._ wwwwwww_w.w.wwww.... _www............................._..........__..............................�..........w...............................__....._....... .wwww..ww..................... —_ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. F]Yes 1-1 No❑✓ Not Applicable Attach additiona......sheets.....f.pe.Cess ......__....................... wwwwwwwwwwwwwwwww_...................................m........._. . .w............. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes1:1 No � Not Applicable Created on 5125105 11:20 AM " n �q+°Y zg MAP; OF a � s G',A� �""A 1 I D b E S'TAT E'S T MAT i>vr�E,r SUFF"'OLK" ,,N.`w ay a a, �"��wwww. """»"� � 'm CAPTAIN K f nu :Cs"CA"I"r, I rl p, � � A AU KEY Y'C� ' . Q a y� *w" N Y s ^ .q D...C+,,m.,.a k V, V c} �✓ 90 '� pH *� "'"Gb;� " '�$' •f.%i'' ,4`y"a° f'3. 04 a Ga„�"�• �^a �' �m z 1�G r 9t� M '.;Y ��+p"�� � .� �� �ti*wa'�'�k"�4 't3R� V�.� y �"5.p Y �•N�k^� �` � � Pt ..aw is, v rc WAS q" p ydb p 4 ryA I Imp MAP OF Jv p' CAPTAIN KI DD ESTATES { SITUATE AT '- MATTITUCK INLET _ -F TOWN OF SOUTHOLD' t SUFFOLK CO.,N.Y. o S t .s OWNED AND DCVCLOrCD $Y ` DAWN ESTATES INC. z SMITHTOWN. L.1„N.Y. SCALE IN FEET P Ix PARK t G r a >. q i t t (/)� TITS cu,.€IA,mm er t ••c TITLE GWANTEEANDTRJ5TG0. !`3t 4 # i! �' �' ° °a �... •a �ea !s SOUTFIO A 194BOARD Nove P C p w -P-1 NEW YagN 3TATC DEPARTMENT OF HEALTH - a rs• .sc - ' e° av I ® u• N "°' - „ ? -. * i SV FFOLK COUNTYCLERKaS OFi10E • � . - ® v. F y s •a - 1 JNaIl,I!N �Na9 nT Puc 16 Y I•e °} > { 1. { 'a b DRs ' reor,.ealryalaeRra W.AL>te J>wuer 71,1l17•n• *a. i € V E - ec+zaxza* .m eo - A Cn PTAI a N. s •aa > -E _ f.a - h3 - .� f - _ L cwa.n vcva - p -�u ... 2 K#p •+• 6eEa:nro€r,NY. $Y € a - ' _ ►� a� � � -"� wry-" �� r �1 � �� Y,- � ..... .,„ ..«.u.... , I f r• t 1 ,x � .>. n, _ !..• � ��''=As-Via.-€$ � �. � E y � ly �. - � «,-. 1 z � I Y L_ ..., - I Mass SUTWI C COUWn CLERIC RECORDS OFFICE RECORDING PAGE d i 8 Type of Instruments DFZDS/DDD Recorded: 05/26/2005 Number of Pages s 4 At s 11 s 41 s 45 AN Receipt Number s 05-0056932 TRANSFER TAX ER: 04-42408 LISERt D00012389 PAGE: 299 Districts Sections Block: Lot: 1000 099.00 01.00 019.000 ZZAKIARD AMID CHARMW AS FOLLOWS Dead Amounts $346,000.00 r Received the Following Fees For Above Instrument RXA=Pt zxanpt Page/Filing $12.00 NO Handling $5.00 NO CONS $5.00 NO NY8 BRCKZ $15.00 NO ZL-CTY $5.00 NO SA-BTANZ $75.00 NO TP-584 $5.00 NO Cert.Copiea $0.00 NO RPr $30.00 NO SCTK $0.00 NO Transfer tax $1,384.00 NO COM.Pres $3,920.00 NO Fees Paid $5,456.00 TRANSM TAX NM=Rs 04-42406 THIS PAM IS A PART OF THE INBTRUUNT THIS IS NOT A BILL Rdward P.RCIDiine County Clerk, Suffolk County 1 2 Numbero(pages . RECORDED TORRENS 200 ttau 26 11 t 41 t 4a FIR Edward P.Rasalrn (1 Cl OF Serial SI FOLK COLKIV Certificate 4 L D00012389 P 299 Prior Ctf,6 DTI 04-42408 Deed.Mortgage Instrument Deed/Mottligge Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage AmL 1.Basic Tax I landling .SILL 2.Additional Tax TP-584 Sub Total Nulrtian or EA-5217(County) __ Sub Total Spec./Add TOM MTG TAX t FA-3217(Sgtc) _S.G�S81 Dual Town...,,..., �1 County R. „.„„...., l P.TS.A Held for llppoin .. Transfer"Ibx Comm.of Ed. AL (P Mansion Tax - AlTidavil The property covered by this motgage is or will be improved by a one or two Certified Copy �. family dwelling only. YES or NO Ittv•Copy ._. Sub Total If NO,we apprtrpriatc tax clause on Other Grow Twal w» pap* of this instrument. NeN 4 District loll Sectitttl .00 Block 01.001 Lot 019MG E C q rvation Fund r Rol 1000 09900 0100 019000 Cmisidetution Amount S ata , r Property 50 Tax Service T � &F Tax Duc S�O Age Improved Y, vcrifiattioo . Vatint lend _ -- 6 SatisfactiodDischatgesiltdotse List Property Owners Mailing Address RECORD&RETURN TO-Michael G.Kuvourlas,Esq. TD O Cadwalader'*Vkkorsbam di Taft LLP One World Mazaclal Center TD New York,NY 10281 7 Title Cara n lnforinistlon Co,Nam Chicog Title Ins+urnme,Company Title i 38GS40137 8 Suffolk Couur►t Recording : Endorsement �e e This page fortes pan of the attached Deed mule by: (SPECIFY TYPE OF INSTRUMENT) The pmmisis herein is situated in SUFFOLK COUNTY.NEW YORK. TO In the Township of Souitigid a Thermos In the VILLAGE or HAMLET of Mettlink_____. BOXES 6 THROUGH 8 MUST BE=PQ OR EN=IN BL6EK INIK ONLY PRIOR 70 REMINO OR FIL1Nt a. qq �L��� k fantOm—t1.t..a�N Dr4�Cars�sLLGrsto��Am—biwt:7arCwwada W�Y>iasr Pq j :. CONBUM YOUR LUM aasoRo SIGNING=12 1112MMO MU15 1XVISMramtrr IMU D BE tarns BY IAWM ONLY. THIS IMMURE,mode the I I th day of May,in the yew 2005 BETWEEN F.Paul DiMareo,residing at 355 Samd Beach Drive %Iattihul4 NY 11952 Parry of the fan Part,and vatk�ac*tet }�vstjanl Barbara Thermos and Kimsn The at 5 Nicherbocker Rood Maohasm.NY 11030 try of the second put, MMESSETN.that the party of the rim pars,in consideration of la- elm paid by the party of the snood part,does hareW post Sad release Gate the party of the second parr,the heirs or successors and assigns of the party of the second part forever. ALL dot certain plc,piece or parcel of land,with the buildings mid improvements thereon erected,siume, t lying and being In the See Schedule A"attached herto rp:low See,99 Wk:1 "[teeing the same premises conveyed to grantor by deed Lot 19 Dste:d 1tIM racar rip d 311 IM in Liber 11892 cp 541" TOGETHER with on right,title and iakrrsi,Many,of the party of the first pan in and to any mtroeu and wads abumnS the above described premises to the center hoes thereof:TOGETHER abh the appurwasans and all the estotc and rights of dye party of the fast pan in ad io said pmmism,TO HAVE AND TO HOLD the premises herein granted unto the party of the second put.the heirs at stexeuors and assigns of the party of the snood pat forever. AND the party otthe fast pan covenans that the party of the that part has cot done or suffered anydit whereby the maid promises hays been eoaaobered in any way whatever,except u aforesaid. AND the pony of the fins puns in compliance wish Section 13 of the Lien law,covenants that the party of the first pan will receive the consideration for this conveyance and win hold the right to receive such consideration as a trust fiord ro be applied first for the purpose of paying doe cost of tie improverwat and will apply the same first to the poymest of the cost of the lop mvement before using any pan of the total of the same for any other patpose. Tar word'Mrty"shall be construed a If It read'par*C whenever the sense of this indenture so mWines. IN WITNESS WHEREOF,the party of the first part has duly w;nuted this deed the day and year rust above written. IN PRESENT OF: jai F.but 1U1 ii"roa" m fc�-t�•+3 chi ,� CHICAGO TITLE INSURANCE COMPANY 4 TRIG No.:3505-00137 RIPTIO� N LErm ALL THAT CERTAIN FLOT, FISCH, OR PARCEL OF LAB, SITMTE, LYING, AND BEING AT NATTITUCK, T(W OF SOUTHOLD, COUNTY OF 80FFOLK AND STATZ O! NEW YORK, KNOWN ADD DESCRIBED AS LOT 21 BLOCK 1 ON A CEETAIK NAP ENTMND, •NAP OF CAPTAlm KIDD ESTATES• AND FILED IIN THE OFFICE OF TNNE CLERK OF THS COUNTY OF SOFFOLK ON JANURRY 29, 2949 AS NAP A1672 WHICH SAID LOT ACCORDING TO BAID N" IB SOUNDED AND DESCRIBED AS FOLGONSI BESZOWING AT A POINT ON THE SOUTHEASTERLY SIDE OF SOUND BEACH DRIVE DISTANT 101.22 FEET SOUTHWESTERLY FROM THE EXTREME WESTERLY oID OF CURVE CONXIMM THE SOUTHWESTERLY SIDE OF INLET DRIVE AND THE SONHTNNNRNN,STMY SIDE OF SOUND BEACH DRIVE: N RUNNINNG THENCE SOUTH 36 DEGREES EAST 150 FEBTI THENCE SOUTH 52 DEGREES WEST 50 FESTI THENCS NORTH 38 DSGRB88 NEST 150 FEET TO THE SOUTHEROTERLY BIDE OF SOUND BEACH DRIVRI TRXWCZ NORTH 52 DEGREES EAST ALONG THE SOUTHEASTERLY BIDE OF SOUND BEACH DRIVE 30 FRET TO THE POINT OR PLACE OF BEGINNING. R FOR INFORMTION ONLY DIET. 1000 BBC. 099.00 ELK. 01.00 LOT 019.000 -LEGAL DESCRIPTION- t w STATE OF NEN YORK. COUNTY OF Que=4 r Dn the No day of May in the year 2005, before roe the uohnigood,p owndly appoaeed F.Paul DIM= SETS OF Now YOzk pmorwRy bow to ore or paved to me a On ale day of in the year, befan toe.the the of esiiw to be dw s)wbowi'y Oit a) todWWWb1A ackawk4od to me dw hey encemal Mho gone in paaoaally kwwn to two or paved to i t b)s9wwwAhelr lira and dmt by Wheedwir wVPatwao(w)on on the bola of mawkwy evidaKe so be the iidividrgs)wrlwose ttt dwt g)or dw perew oa betwitatutich mnw(q r(arc)wbtm6W W*e widdn ingonaneat oW the uxb 1)acted.wculed the ioprtmtaM. acknowledged m roe dw hdkor y cuscad the suet in Well dm* ks),and do by W&%n dtei dWww#J on @t Www w4 dw Individrapa),or rho porno an bdrolf ofwhtk dw iodlvtdtmlpJ acmd,awcued dw kwtw=t Nowt'Pablo Told tin falkwwhe If do a b owlodprem i the.ride NY Seel WA dot told itdtol"nude such app:aex bebte the Aw wadMigeed iodu0miordWoratlsrPoRaoladliwoommida I�t):(Y'l Soo artawaawy sroir plans de too' to wsa obsa) =� V STATE OF , Comm OF �� day or in�Y� � STATE OF COUNTY OF t Wore me,the vmktaigod,a Notary Public In and far slid Smlq or,the dq of ie the yar ply wmmd 6e6 -roe pmwwyart I .Ihe wbscnbing wlnrn to dw hmVing imitrunwd,with whotet I an m st knows.wb%b®S by w duly stam did depose and ny pt tsonally acquals"wbo,being by ne duly snot did depose ft he mddo a and sw dw y raWs)In dot he Is the of Of d r arras arwihm t In a ft.Wink as tut ra vow■tear if W. the carporWon dnrr&d in and wt"moused the fotgp ft 8ewalgthat bdshahkey knm"o) inoww o4 that he kweaia the seal of sdd oapoadooe that the seal affixed to aid bwmentnt is such eorpare rod:rho it was to W dw Individual dawribol it and who weaned the Ibrcsolns so affin d by ceder of the bard ed wars of aid aorpormiwL intnusent:that Sid subnribing wtmaa was proem ud aw etd dua he grad h emwwa Ihmto by him order. Mid emerge On seen Ed that aid wimea a me acme Yore kiMMhoirAlhei g►aowiraaggt larbl its IWbriW if dw aimotadaamr is tatty rawuile�l'Sm.J WA*4 ail subelibiall,witow node Rub appearaee balm » therowdosipledbethe dock)yoradwt obdiv6lao sad she Stt armwwy ar alto p`ra win ppeaofwwtsrhml Bargain and Sale Deed MIT=" w m�Mxx t N WmI COVENANT AGAINST ORANYnR'SACFS mot. TrrLu No, COMM Oa TOWN NAMPA. AUL nr 1q4SMwsVAcnDa lura►a4 NY Ism TO BARBARA THERMOS AND Kmor Mnaltum RETURN NV A1AIL TO: C'ADWAIAMK WICKOILSIIAM&TAR,LLP Dlsh'btltOd B MN7IAFJ.O.KAVOURIA..0,ESQ. Chicago Mtb Insurgince company ONE WOttLD FINANCIAL CATER 6 NIM if .NY 1=1 r PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS:httpl/www.w"sme.ny us or PHONE(SIB)473-7= FOR COUNSY USE ONLY C1.swls cod. REAL PROPERTY TRANSFER REPORT STEM OF mm VON KwwAW SIAft OF INAI PROW"SWVM ���� N RP - 5217 n.Boot 1,/A,3 :r ,f I cL pw wd attr a..Mr B "f1!'4R �,MiwMawwlp, 355 Sound Beach Drive WOW L Mhpw I "I'I 0"oe Berhara dl..a F.T= 4dkatwhm WnT iliaddwab be we =bW FdorrFanbLw NIdb mndtdrarlJ u iN.+wad P VON Rde�Fwardd�""O"Id 4 0A as 41" a Of Faaak all 0 Fwt ad a Pad a N�aA d a FaMa'aMlddN as ewS tp1dP afMI.MMNmefppY��d wdtM 9kp�dlrAwkn A' pdMl 1pdw Lewwd at.td*A onAppa, ww1IkadaddlrliaaI ❑ I�mt I x 1 am a aa_. 1 ac FawwA�lms r wlamtFft"MW ❑ L atsw DiMarco F. Paul lama I.gwwk w rt.a Matwaa wlakla... 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P add d wr MAM dww rwN aiawwdt C1�Itodat M1awI G mop" awt aok a'" IL Fir Ads A= Fl saw d awlaNwM k MIN StMM FitNX M IF ad 5*ftw k ddN MdNtd awwaaN Vied for dad prolaww q Pwwwd I heat Wawtwl FdNtad AegYo add Filed wpm*odlwal SMdaw patooma awF k►Ia IIw Nano d wwrR w ar tlwaoowopaaMN d i Napa w dBa FNwrdraoopM r FMk wwawra wdlwMw ddar $L krtddd tNw wdwr at Mw wwa/ 0 twaSwddF Madoatwd MN tAao atlla DO&400W aw!W 00Iwua . AdaFmwwwww fm dwd T 0 a wkwr«d AMaMdaaw aawaarlwo l 0 5 1 v.Tdr ANwwad w,*1d m4; twl' Im 2 5 0 0 � attaw p 2 6 0 Matt/Catch/Leural IL P,gwt�w.. I I-LJ Ia.aaalwM DYaait Nand U Tin No WsodhoWl W Oman ewa,tow.Mhdw skmet oft .. 99.00 61 CO 019 .000 C6RSIFIfJ1 1 dew of ddr M1w to an.kw wdwd M,Nwddl Itd Ow bad dp ap awd daal 1 tllM Ow arirlNka ofaNF wMa awtwdwoft" kowme aaWAft*drMaw Sam.., , >i;avourias Micheal C. (v1 qj l 1 q ENEWKTATF7 I II�IIII IIII Illll Illll IIIII IIIII IIIII 11I1 IIIII IIII IIII I Illlll IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 04/17/2023 Number of Pages: 6 At: 02 :03:04 PM Receipt Number : 23-0051365 TRANSFER TAX NUMBER: 22-24509 LIBER: D00013197 PAGE: 621 District: Section: Block: Lot: 1000 099.00 01.00 020.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $650,000 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $11,500.00 NO Fees Paid $12,030.00 TRANSFER TAX NUMBER: 22-24509 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Vincent Puleo County Clerk, Suffolk County RECORDED 2023 Aor 17 02:03:04 PM Vincent Puleo Number of pages �iERK OF SUFFMX COUNTS' L D00013197 This document will be public DT# 22-24509 record. Please remove all Social.Security Numbers i prior to recording. Deed I Mortgage Instrument r Deed!Mortgage Tax Stamp Reco ding I Filing Stamps FEES Page/Filing Fee Mortgage Amt. w 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total lSpecJAssit. or EA.=52 17(County) Sub Total_w ww....... Spec./Add. EA-5217(State) ! MT.MTG.TAXw Dual Ton Dual County_ RRT.S.A. _ Held for Appointment C Comm.of Ed. 5. 00 Transfer Tax 06 Affidavit ' Mansion Tax The property covered by this mortgage is Certified Copy _ or will be improved by a one or two NYS Surcharge 15. 00 � family dwelling only. Sub Total _wwwwwwwwwwwww _w. YES or NO Other ' 'Grand Total 630 If NO,see appropriate tax clause on 0/ page# of this instruntent, t l000 23015302 loon 09900 1 00000 � 4 Dist. 0002 5 Community Preservation Fund M, P T Real Property R Cyp A 11111111111 Consideration Amount f7 0 0 Tax Service Agency a CPR Tax Due $ I GG Verification Improved 6 Satisfactions/Discharges/Releases L t.Property Owner;Mailing Address RECORD&ZETURN TO: Vacant Land ,30M4"-1, Oct" S&.- TO, Z�p V%XA . 1ticoa/ u ` f TD t '4O 0 o Mail to: Suffolk County Clerk 7 W19COMR8111 Iffformatior, 310 Center Drive, Riverhead, NY 11901 " -y rrc www.suffolkcountyny.gov/clerk Title# Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) t�tt2 j{tGCt'PS The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of S5 e-, 66t-4 In the VILLAGE /- (1 or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILINGS, i:4104_19NM (over) DEED TH IS INDENTURE, made as of the I O'h day of February 2023, between PETER PHILLIPS I11, having an address at 6 North Drive, Malba, New York 11357 ("Grantor') and TUCK REALTY LLC and 202 EAST 31sT STREET HOLDINGS, L.L.C., as Tenants In Common, having an address at c/o Koutsoudakis & iakovou Law Group PLLC, 40 Wall Street, 49'h Fl., New York, New York 10005 ("Grantee''). WITNESSETH • That Grantor, in consideration of Ten Dollars ($10.00) and other valuable consideration paid by Grantee,does hereby grant and release unto Grantee,the heirs or successors and assigns of Grantee forever, all that plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village of Mattituck, Town of Southold,County of Suffolk, State of New York,and known as 405 Sound Beach Drive(District: 1000, Section: 099.00, Block: 01.00, Lot: 020.000) (the "Premises"), as more particularly described on Exhibit A annexed hereto and made a part hereof, Together with all right,title and interest,if any,of Grantor in and to any streets and roads abutting the Premises to the center lines thereof, Together with the appurtenances and all the estate and rights of Grantor in and to said Premises; TO HAVE AND TO HOLD the Premises herein granted unto Grantee,the heirs or successors and assigns of Grantee, forever-, AND the Grantor covenants that the Grantor has not done or suffered anything whereby the said Premises have been encumbered in any way, except as aforesaid; AND Grantor, in compliance with Section 13 of the Lien Law, covenants that Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements at the Premises and will apply the same first to the payment of the cost of the improvements before using any part of the total of the same for any other purpose. [NO FURTHER" TEXT ON THIS PAGE] V.7 Ins I 7 3 THE JUDICIAL TITLE INSURANCE AGENCY LLC 800 WESTCHESTER AVENUE SUITE S-340 RYE BROOK,NY 10573 914-381-6700 a » p IN WITNESS WHEREOF, Grantor has duly executed this deed the day and year first above written. /V 7 rr PETER PHILLIPS STATE OF NEW YORK ) SS.. COUNTY OF QUEENS ) On the 10'h day of February 2023,before me,the undersigned,personally appeared PETER PHILLIPS III,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity(ies), and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Not blic FLO,Rt NTIA ROMEO 6t PU OFNEWYM rNmOIaoarR967o (Miltfia aoercoullcy t� Caftminkm fmIancr 31. —._ EXHIBIT A Legal Description 800 Westchester Avenue a Suite S340 a Rye Brook,NY 10573 e T(914)3814700 e F(914)381-3131 315 Madison Avenue a Suite 3028 a New York,NY 10017 e T(212)432-3272 e F(800)329-9396 JUDICIAL TITIr6 20 west Maln Street a Suite 101 a Riverhead,NY 11901 a T(631)395-05M a F(831)405.3155 Title Number: 148691FA-S SCHEDULE A Amended 04/06/2023 ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York,known as Lot No.20 on, "Map of Captain Kidd Estates",filed in the Office of the Clerk of the County of Suffolk, on January 19, 1949, as Map No. 1672, being more particularly bounded and described according to said map as follows: BEGINNING at a point on the easterly side of Sound Beach Drive, distant 151.22 feet southerly from the most southerly end of a curve connecting the easterly side of Sound Beach Drive with the southerly side of Inlet Drive; RUNNING THENCE easterly at right angles to the easterly side of Sound Beach Drive, 150.00 feet; THENCE southerly at right angles to the last mentioned course,50.00 feet; THENCE westerly at right angles to the last mentioned course, 150.00 feet to the easterly side of Sound Beach Drive; THENCE northerly along the easterly side of Sound Beach Drive, 50.00 feet to the point or place of BEGINNING. FOR CONVEYANCE PURPOSES The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property.TOGETHER with all the right,title and interest of the party in the first part,or,in and to the land lying in the street in front of and adjoining said premises. DEED PETER PHILLIPS III To TUCK REALTY LLC and 202 EAST 3 IsT STREET HOLDINGS, L.L.C. District: 1000 Section: 099.00 Block: 01.00 Lot: 020.000 County: Suffolk RECORD AND RETURN TO: Socrates Xanthopoulos, Esq Koutsoudakis&lakovou Law Group PLLC 40 Wall Street,491h Fl. New York,New York 10005 • WSTRUCTIONS(RP-5217-PCF-INS)wwx.nPsslater9.us OR COUNTY USE ONLY p New York SMs OepanmsM of cf.ISM code I D $� i Taxation and Finance C2.Dwsw Dud Recorded l Me or Raul Property TO Servtoas RP-5217-PDF C3.f)adit Ci Paps (� Rd ProparV Trtma(or Report,pd14) INTY T10N e I.propem 90� Scurd Beach Drive Localise •v.rr r:vaa •e•rrl•aer. 3a:1thc1G Z1452 •1Ta�eLM %%AM •sans serf. Tuck Really :.LC Name .uslarticmr..ar rs,Irawla 202 East 31at Street Foldinya, L.L.C. wr„wtow— wale w" X Tan bodk mwhreblar Tu Beaanls ae stla BII6a l air 1has buyer adommal bolds of lens) umawAccwa%- Nauru" Address a'rmaprwewmrMa.aeaal ow uni r.a acaos a.bdkale sea of Asomom1 e d Parcels OR ❑part of a pad (o*V Port or a Pared)Check a"I apply: ❑ Rnl parcels am,thedand IA.Ramming fiend wth aabdrAdm Ease ' s.D1 W \ OR 0.17 a0.91b*Man ApproaYwea Rppied for Trasdw Preperq .rwWwrf •firer.. ti.t! ❑ eta wMle hbp ❑ Fhitligs, I:1 Peter i.Soap •L4•tiW.eauoaa taer Nam r ar.ws.;.nrrw• :aaa 7.Select lee deecdplim aeach Par acaedaly describes the Cho"Ow bases below as they ea*f, ae or ON pMperq at the era o<de: 8.0woordse Tyea Is Cwdsn Hwi ❑ C.Ihweh-ru ial Valsmt I,and a New Ca Mucha r a a vacant Land ❑ IS&PmWomy Loalea"al-al an Apia:Rrd Dribld 141111.Surai a naoaN 100CAap be a+s wawa aody as Altrularal O e Rd aweermse..aimass,co"aamaa to . L� A.Bola aatwear Rdwhimm or Forma liddNa li.sob cmww om 1 2/0 6/202 2 &Sale bnwem Roiled Compmes or Paroae b Outlines. C One darBu"mb also aSaw G2/b0/2023 D.Buttwa8s8arorm mwnlMpw•TorLwAkVh5M!1w •'Is tear or Sdsi1`nasler E.DadTypl mt%mmusy or INKIM and OWN(Spey Below) F.fide d FwOmd r Lealrm Fes hraraw(BaeoTy Babes) 'IL Full Soto Price 6`.J,C125.00 G.I&VOlcaP ChmBa P Papsry Betew Teadrb 81a1a aW 8de Ddn 11 Bain d Busl s b 10MAM'd in sds Para (FLO Bab Pdcs Is tea Loll asvaad pad kr din p owly mkwq ptmanow I Cftw Lbnwd Foam Aendara Sale Prrca d4wtj Scheel Thu paymrt n"be is pu ram at Cash. or crew pel. 0aodi.a a woopmn le ea d 1 Nuns rawtppea a assr adtpanal fvaeee rowed b M aauod rddb dose easrr. Comes")a GoWMom is.lodats the vela ul proad posparp hloluded le b sole •00 es It Year a Aeaeesrarw Rol than vheh oa-madsw IdIWM :2 -17.Tool Asseead Value 700 r111.Proprly Cl*" 31: _ •fe.School DloaletNara Nattituek •m.Tas slap Idsnllller(splal 1fa0sp)IS was On Now.aar8 Mess with adApoal ldr dd@*H C99.0-01.CC-02C.000 I a.rwry pis[V of lhs More dlofrsatlm arena on thin fsrr s Urn srls eerrnst po the bed d sll kllovdedOa and bNNQ and 1 arldoss W mat a maul ol sny arlllul fain sbhaeaed ofesbdd lecr heroin wW*cI ass a paleyag11XpeeeLhwyMMtsa is ere rddaa aW fib"of Was immo mb. MEN CONT C URENNATM drti•nwvwmw rw l.aw•Ns.eeurw b ILc+ .my raaaad4 aswmn,sea qp eo.�rq.sms w ` ,,,.. s•wrwenexr�a•goesle�asrrar.sswsarseaaPa.+rerw.eal•.wwrr ✓h'.` rrxra re Pwwuwge r�dss're anYsrrwra a ward iyp rwmr rerA f a C �-.."Tar ' l-+ _ r.rw+, TTaI.,.•� Ia+m .w�, a :*. `0 ` _--�� —�OWwmwsmesLad waaa SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/13/2015 Number of Pages: 4 At: 11:35:13 AM Receipt Number : 15-0018464 TRANSFER TAX NUMBER: 14-17813 LIBER: D00012806 PAGE: 966 District: Section: Block: Lot: 1000 099.00 01.00 021.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $255.00 TRANSFER TAX NUMBER: 14-17813 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages + RECORDED 2015 Feb 13 11:35:13 AM JUDITH A. PASCALE This document will be public CLERK OF UFFOLK COUNTY record.Please remove all SL D00012806 Social Security Numbers P 966 priorto recording. DTI# 14-17813 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt.a, �,. �-w------- ------�-- 1.Basic Tax Handling ........................20. 00 2. Additional Tax TP-584 Sub Total .. Notation SpecJAssit. wwwwwwwrrww. ... or EA-52 17(County)_ J Sub Total [V- (� Spec./Add. EA-5217(State) TOT.MTG.TAX . Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax G Affidavit • + Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total _ w (�t family dwelling only. YES or NO Other Grand Total If NO, see appropriate tax clause on �aJ page# of this instrument. Oise. 150032" 1000 09900 0100 021000 1.000 5 Community Preservation Fund Real Property P T 1111111111111111011111111111Consideration Amount$Tax Service F2 POL A Agency CPF Tax Due $ Verification Improved 6 Satis(actions/Distharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land STEVEN J.KAPETANOS&ASSOC.,PLLC TD 36-36 33RD STREET,SUITE 205 LIC,NEW YORK 11106 TD TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name JEM TITLE AGENCY www.suffolkcountyny,gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED _ _ made by: _(SPECIFY TYPE OF IN5TRUMENT) ICIK A'„w;j,Ab The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of �Q j L AL,EXAN RA-KA,I.ET.AIQ _ In the VILLAGE or HAMLET of-_MA=I.T1J.C.I<..�___ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1� THIS INDENTURE,made the g day of January,in the year 2015 BETWEEN JOHN KAPETANOS and ALEXANDRA KAPETANOS, his wife, residing at, 208 Sussex Drive, Manhasset, NY 11030, party of the first part;and ALEXANDRA KAPETANOS,residing at 208 Sussex Drive,Manhasset, NY 11030,party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever,ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate,lying and being SEE"SCHEDULE A"ANNEXED HERETO FOR DESCRIPTION TOGETHER with all right,title and interest,if any,of the party of the first part,in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the iight to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. Grantors herein is the same as the Grantees named in the Deed dated August 25, 2008 and recorded on September 11, 2008 with the Suffolk County Clerks Record Office under Liber 12564,page 653. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE 0 twve J apetanos„Esq. 1heancac, rKape anon , GCHEDULEA ALL that certain plot, piece m parcel od land,with the buildings thereon erected, situate, lying and being edK8atti1 ok.TowncfSouthold,Cou of Suffolk,New York..known and described as Lot Number 1Q' in Block Number 1.as shown on a certain map entitled, "Map of Captain Kidd Este1es".and filed im the Office of the Clerk rf the County mf Suffolk om January 19. 1Q49ea Map Number 1672 which said lot,according to said map, is bounded and described asfollows: BEGINNING ata point mnthe southeasterly side of Sound Beach Drive distant 2O1.22 feet southwesterly from the extreme westerly end ofacurve connecting the southwesterly side Vf Inlet Drive and the southeasterly side of Sound Beach Drive` RUNNING THENCE South O8 degrees east, 1S8feet; THENCE South 52 degrees west,6Ofeet; THENCE North 38 degrees west, 15O feet 10 the southeasterly side pfSound Beach Drive; . THENCE North 52 degrees east along the southeasterly aideof8oundBeach Drive, 5D feet tu the point wr place ofBEGINNING. w *State of New York,County of Queens *State of New York,County of Queens On the OA-lday of January, in the year 2015 On the—day of ,in the year 2015 before me, the undersigned,personally appeared before me, the undersigned, personally JOHN KAPETANOS and ALEXANDRA appeared personally known KAPETANOS, personally known to me or to me or proved to me on the basis of proved to me. on the basis of satisfactory satisfactory evidence to be the individual(s) evidence to be the individual(s)whose name(s) Whose name(s)is(are)subscribed to the within is(are)subscribed to the within instrument and instrument and acknowledged to me that acknowledged to me that he/she/they executed he/she/they executed the same in his/her/their the same in his/her/their capacity(ies), and that capacity(ies), and that by his/her/their by his/her/their signature(s) on the instrument, signature(s)on the instrument,the individual(s), the individual(s), or the person upon behalf of or the person upon behalf of which the which the individual(s) acted, executed the individual(s)acted,executed the instrument. ivastrucrzeu t. Notary Public VNotary Public h1El.t-S 0 A R t�n+Yartt No,01A V Ounttttetl to ousertts County Conuntsdon FjWlm APOR 16,2016 TITLE NO, DISTRICT 1000 SECTION: 099.00 BLOCK: 01.00 JOHN KAPETANOS and LOT: 021.000 ALEXANDRA KAPETANOS COUNTY: SUFFOLK TO ALEXANDRA KAPETANOS RECORD AND RETURN BY MAIL TO: Steven J.Kapetanos&Associates,PLLC 36—36 33`d Street,Suite 205 Long Island City,New York 11106 Attn:Steven J.Kapetanos,Esq. a INMLICTIONSM-5217-OF•INS);www. *.us „ MR COWYLISE ONLY Now Ybdt Bob A of ct sw6 cow. �1� 3 d 7 Taaatlon and Finance r aL,DE1a OObe d PAN Pmpeey Tax SWAM c0 0dddw cr. . _J N.r RP-5217-PDFe PROPEM WRMMATM t•aWUtV 455 Sound Beach Drive Lommm •awwar •atawawwwd .. Mettituck 11952 ^tawwow*aww vunaE, •�smow iaapr Kapstanos Alexandra #am •IMra.E60eraMl IdaT Mli 1Mr11YffAlYIY "' y &Taoft ftk**aaaro tan Taa'adw Eca lglbM MA. '".�,k"',.� P'P"'""v°°•'^^gx.,,„",'�"•^;,'"r^ 000W aha" wdkm0 aaaxweaawuxw r� ^, "� - ^ " aw.ac7 wM4pgaM�pYMaW „ •on at*arw �" U. t, �Ai )t,z,�,,^ VA1* s.Icma aM w aaSar�aYp4watanaRaM 1 a d pal ep (I Pwnaf o pffm QaaCw d wre a�a�0aawiM rs04ry EppMy' Nd puaU ta m rhd m Ow drd +ur+ wd aoau'd adw rota ❑ 6.0aae X 'OR" 0„..17. „a a ,a� ❑ pfopwv KapetanoS Joho �» l laaw •w�rraamwat awwta«w»apu "„ ^ Kapatanoa lox a "ea,7 »*, rllat/.awEAaaMa+ waratra �„ '." AYµ ..�.o-• ..,. " � „ -7 fded do w.adpemnW"ewap4MWAWd=mI=Uw ��'r t r °R;lawa aMwb d �e�ow W;sv alpgPy^: t waur akrewrwdws '.�' �,.`�i G�„„�#., �» �AI^�� • ❑ A.one.ramily"Rrsrdential `' RNare .» w ",; ❑ "YdaA,Pip:�',0.awppEdwddmlwaalYtlaEtdOaald p ISME 'NrBF,awsiaaatMatl'ae�dEwYw4aagdtrdrp�tydnEn ❑ INF aaaar' ara w at tw.ewcaro.ao r 01/23/2015 ^ „ REYbdCanbWaorPahtwabm&Wrmw G,g2iwWuid dmwaaAaarw Y Ehe a adw. auL.Odwd 01/23/2015 `D.awytaai 'ew Aa yaur�tptnorEhn . E;"Dea)a 1Cp0aw as `ar ad sar ";' F. d yrCawwowr,Foe 0.00 -" aw aarEert T SWtad atd SEY DMa Ma.ywe�Ia Prka 9'ti0a9pY h( ' . MV" NnSW PtIOE•' 1 Ad Sob Prb Y the tom Emma pold to Or papanymowpo q PAW P�M•' "k 0 .' "FIYddptMr SWa Pdgr Babay Taa aaww'1a m Sa Nt*m all atah,tdwa M vow �taw4 to d a d , �' •"*a"•�. rt a1� a.00, kw dwa ada aE taYMdllaaEaarEwd Roll hetE wtltkh YtleaWlaa t*AM(M 15 ,r M7.Tar Maww.` ,"5'900" » ML Pnepnly CLm 210 '" Mf.tehod CYtrkt NEirr 12-Nattituck w.TER aYP�Pk��p0 Or asa vEE rev.EttEet+Etwaat�a Edlbnwt "" • 1000-099.00-01.00-021.000 NGwtdM/'daaadWdw►M!ptI ONO"" a wwwdasaA*tamawavarind"padwwaaka)mgjlu rw'dwbdrwEnd6040m6dImdwdtMd WIN OWmdMMor&Vwd hhaoummm"atmwawww60 awpfwaw.awla ^ .9NpahamaNrtaStaad apadlwSlatl[MIaVwNb& I ` IRbMrrir YdR�rbr Ewa wwgaa"utwww dara+wawluGawaaww.�;..�.ekwwwwrmawwwaww,aRRa ar wnattMMaawaw wxaWwakawawar#wwaay„dwaalawaaataartaad w wj m wlww� PaAM rwaara...wawwwr� aaaada awdwawt T aaad.T000 ww twMAw aawdtaer+r awta t fCapaatsno9w:* "4 x,""« Alexandra' " .• MIYfRi rwraEe , t` 939-9850 •MAMFaa"aRk M' y," 'rtlDrOra Vwa014aMlwaa wart. tz {203 ..Svdpdex"Drive .wa+aa'rawaaw„ ..a+waatawwrw " N Mdntiaeaet a +""I »^NY 11030 ,a,tw. �•�°.. t w°, �rqt •s emt Kapetanos Steven u rw rtwc om"mr ^ ,�, .» A!IAOav w• ., •wwtr�awwa~awa"t"o avwew , FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. .7+..,1? ...,..., .. Date ................. .................19.?A.. THIS CERTIFIES that the building located at .............................. Street Map No. C1aP� ..Ki$d E8ta.. k No. ............�......... ., Lot No. 2I.9.....XattitmX9. N.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated ....................... ...... .. pursuant to which Building Permit No .......7.20..5...... .I dated .................... e.....1 .................19.O.., was issued,and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ............ .................................................P2.1 X E...Imlu.1140........................................................................ This certificate is issued to Di oa.... ....LllmerEIS............................... (owner, lessee or tenant) of the aforesaid building. Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 30827 Date: 03 �05 THIS CERTIFIES that the building SEASONAL DWELLING Location of Property 355 SOUND BEACH DR MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 099 Block 0001 Lot 019 Subdivision Filed Map No. Lot No_ conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9,_1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 30827 dated MARCH 21, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY SEASONAL DWELLING.* The certificate is issued to F PAUL DIMARCO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED NZ_ *PLEASE SEE ATTACHED INSPECTION REPORT„ Auth ed ignat re Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32300 Z Date AUGUST 22 2006 Permission is hereby granted to: B THERMOS 5 KNICKERBOCKER RD MANHASSET NY 11030 for DEMOLITION OF AN EXISTING SEASONAL DWELLING AS APPLIED FOR at premises located at 355 SOUND BEACH DR . MATTITUCK County Tax Map No. 473889 Section 099 Block 0001 Lot No. 019 pursuant to application dated MAY -,.,.-,- 16, 2006 and approved by the Building Inspector to expire on FEBRUARY 22. 2008. Fee $ 107 . 60 Authorized Signature ORIGINAL Rev. 5/8/02 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33102 Date: 06/17/08 THIS CERTIFIES that the building NEW DWELLING Location of Property: 355 SOUND BEACH DR MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 99 Block 1 Lot 19 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 16 2006 pursuant to which Building Permit No. 32347-Z dated SEPTEMBER 7 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH FIRST AND SECOND FLOOR REAR DECKS FIRST AND SECOND FLOOR COVERED PORCHES AND TWO CAR GARAGE UNDER AS APPLIED FOR. The certificate is issued to BARBARA & KIMON THERMOS (OWNER) of the aforesaid building. SUFFOLK C XDrfY DEPARTMENT OF HEALTH APPROVAL R10-05-0106 06/16/08 ELECTRICAL CERTIFICATE NO. 3009157 08/03/07 PLUMBERS CERTIFICATION DATED 07/24/07 THREE B'S PLUMBING & HEAT ----------------------------------------- uthorized Signature Rev. 1/81 _ L y FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20257 Date OCTOBER 3, 1991 THIS CERTIFIES that the building ACCESSORY Location of Property 455 SOUND BEACH DRIVE MATTITUCK N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 99 Bloch 1 Lot 21 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY.24, 1991pursuant to which Building Permit No. 19907- dated MAY 31 1991 was issued, and conforms to all of the requirements of the applicable provisions of the, law. The occupancy for which this certificate is issued is ACCESSORY GARAGE IN REAR YARD AS APPLIED FOR. The certificate is issued to FL©RENCE ALFANO (owner) of the aforesaid building_ SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N A UNDERWRITERS CERTIFICATE NO. N-204600 - SEPT. 23 1991 PLUMBERS CERTIFICATION DATED N A Bui ding Inspector Rev. 1/81 s 4 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19839 Date APRIL 5 1991 THIS CERTIFIES that the building ADDITION Location of Property 455 SOUND BEACH DRIVE MATTITUCK N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 99 Block 1 Lot 21 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 7 1990pursuant to which Building Permit No. 1951 - dated NOVEMBER 94 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is 2ND STORY ADDITION TO EXISTING ONE FAMILY DWEILING The certificate is issued to FLORENCE ALFANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N A UNDERWRITERS CERTIFICATE NO. N-173500 _ FEB. 8 1991 PLUMBERS CERTIFICATION DATED APRIL 5 1991 - FRANK J. MEYER c uilding Inspector Rev. 1/81 99 a'r )it zr P/ot P;71ax7AI�44 811 71c(0 11 7-14k)415 /,-J- �r( ��f// � ��DY�'4 `'`ti�G��yIC�1 Tl c-1'1 J' ���/ll ��W( 10- Line., civ,T, 041 4v M non - xr L+Wt&rfi c>(- (eq4l,r6 SWOV �(a t . k c Owner: Thermos, Barbara File #: 7888 Address: 355 Sound Beach Dr Code: 17NP Agent Info �--- Patricia Moore 51020 Main Road Southold, NY 11971 Phone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com �' _ .... _.. . lot i BOARD MEMBERS soar Southold Town Hall Leslie Kanes Weisman, Chairperson ? 53095 Main Road-P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora c tco : Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 1:1971 RECEIVED http://southoldtownny.gov ZONING BOARD OF APPEALS APR 1 9 2024 TOWN OF SOUTHOLD Tel. {631}765-I809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18,2024 ZBA FILE: #7888 NAME OF APPLICANT: Barbara and Kimon Thermos/Tuck Realty,LLC PROPERTY LOCATION: 355,405,&45.5 Sound Beach Drive,Mattituck,NY SCTM NOS: 1000-99-1-19, 1000-99-1-20,and 1000-99-1-21 aE( ELTE(" 1"vLIN I, N: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SLJEEQL .CQYN Y ADMINISTR I /F. CODS: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated January 25,2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWR ' DEJ`E,R 1 1� : The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. ;QUA D"I,4.Q PL�,�1'1�CX t :, A reply to a request for comments from the Town of Southold Planning Board was received on April 2, 2024. In the Memorandum,the Planning Board indicates that they have reviewed the requested variances and is not opposed to the action for the following reasons: 1. The proposed transfer of Lot 2 (SCTM: 1000-99-1-20) will extinguish a single and separate non- conforming lot in the R40 Zoning District in a sensitive environmental area. 2. The split and transfer of Lot 2 (SCTM: 1000-99-1-20)acreage evenly to Lots 1 and 3 would increase the area and lot width of two non-conforming lots in the R40 Zoning District. 3. The subject parcels are in FEMA Flood Zone AE (structural hazard area). Further expansion of structures within these areas is not recommended. Conversely, structures in these areas should be minimized to prevent damage and loss from storm events. The Planning Board has considered the parcel location, surrounding community character, existing build-out, and location of structures and vegetation on the parcels. EROPERTY FAcTSIDESCRIPTIOX.: This application involves three (3) rectangular-shaped, non-conforming parcels, located in the R40 Zoning District where, Lot 1 (SCTM: 1000-99-1-19 a.k.a. 355 Sound Beach Drive) consists of 7,500 square feet,.17 acre,and measures 50 feet along Sound Beach Drive,then runs south 150 feet along a vacant parcel (also subject of this application, Lot 2),then runs east 50 feet along a residentially developed lot to the south, then returns to the roadway 150 feet along a residentially developed parcel to the east. The parcel is improved with a two-story frame residence with second story front balcony over porch, entry stairs with multiple platforms, a rear balcony over porch, gravel driveway with bloc curb, masonry walk and patio, retaining walls and 1 Page 2,April 18,2024 97888,Thermos SCTM Nos. 1000-99-1-19,20&21 outdoor kitchen; where, Lot 2 (SCTM: 1000-99-1-20 a.k.a.405 Sound Beach Drive) consists of 7,500 square feet, .17 acre, and measures 50 feet along Sound Beach Drive, then runs south 150 feet along a residentially developed parcel to the east(also subject of this application,Lot 1),then runs west 50 feet along a residentially developed parcel to the south,then returns 150 feet to the roadway along a residentially developed parcel to the west(also subject of this application,Lot 3). The parcel is vacant and undeveloped,;where,Lot 3 (SCTM: 1000-99-1-21 a.k.a.455 Sound Beach Drive)consists of 7,500 square feet, .17 acre, and measures 50 feet along Sound Beach Drive,then runs south 150 feet along a vacant parcel (also subject of this application, Lot 2), then runs 50 feet west along a residentially developed lot to the south, then runs to the roadway 150 feet along a residentially developed lot to the west. The parcel is developed with a two-story frame residence with second story front balcony, a masonry driveway, outdoor kitchen,masonry retaining walls,a small frame shed and a frame garage;as shown on the surveys prepared by Joshua R.Wicks, Licensed Land Surveyor and dated September 10,2023. BASF(J1 ,w RP ,1C .HON;: Request for Variances from Article IV, Section 280-18 and the Building Inspector's December 4,2023 Notice of Disapproval based on an application for a lot line change;to split'lot no. 1000-99-1-20 and adding equal parts to two adjoining lots; 1)two lots measuring less than the code required minimum lot size of 40,000 sq.ft.;2)two lots measuring less than the code required minimum lot width of 150 feet;3)two lots measuring less than the code required minimum lot depth of 175 feet; located at: 355 Sound Beach Drive, 405 Sound Beach Drive and 455 Sound Beach Drive,Mattituck,NY. SCTM Nos. 1000-199-1-19, 1000-99-1-20 and 1000-99-1-21. RELIEF Rlw 1. ESTER: The applicant requests six (6) variances for a lot line modification, impacting three (3) properties,where the code requires a minimum lot size of 40,000 square feet per lot created,a minimum lot width of 150 linear feet wide for each lot created, and a lot depth of a minimum of 175 linear feet for each lot created. After splitting the center lot(Lot 2) and adding it equally to the two adjoining lots(Lot 1 and 3), Proposed Lot 1 will be non-conforming with lot size of 11,250 square feet with a lot width of 75 linear feet and a lot depth of 150 linear feet; Proposed Lot 3 will be non-conforming with lot size of 11,250 square feet with a lot width of 75 linear feet and a lot depth of 150 linear feet. ADDlT101' AL DffORMATIO ,: The applicant provided additional, individual and combined, surveys for the newly configured Lots 1 and 3,where Lot 1 (SCTM: 1000-99-1-19)will measure 75 feet along Sound Beach Drive, then run south 150 feet along Lot 3, then run east 75 feet along a residentially developed lot to the south and return to the roadway 150 feet along a residentially developed lot to the east;and where Lot 3 (SCTM: 1000-99-1021)will measure 75 feet along Sound Beach Drive, then run south 150 feet along Lot 1, then run west 75 feet along a residentially developed lot to the south and return to the roadway 150 feet along a residentially developed lot to the west;as shown on the surveys prepared by Joshua R.Wicks,Licensed Land Surveyor and dated September 10,2023. Prior Zoning Board of Appeals relief was granted for 355 Sound Beach Drive,Mattituck (SCTM: 1000-99-1-19) under file: #5825 dated February 13,2006 granting reduced side yard setback #5910 dated August 24,2006 granting alternative relief, allowing the applicant's construction plan at the requested number of stories with the lowest floor (above grade) for a non-habitable basement area, and the remaining two floors as habitable area(floors above the ground), subject to the following condition: The dwelling shall be equipped with a full house fire suppression system. Prior Zoning Board of Appeals relief was granted for 455 Sound Beach Drive,Mattituck(SCTM: 1000-99-1-21) under file: #6499 dated September 27,2011 granting reduced front yard, combined side yard setbacks and excessive lot coverage with a condition that the second floor deck on the front elevation shall remain open to the sky. Each developed lot,355 Sound Beach Drive(SCTM: 1000-99-1-19)and 455 Sound Beach Drive(SCTM: 1000 99-1-21),are covered by various Certificates of Occupancy for improvements on the individual site. 405 Sound 1 Page 3,April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20&21 Beach Drive(SCTM: 1000-99-1-20)is undeveloped in remains in its natural state. The applicant provided copy of a deed,dated April 17,2023,and filed with the Suffolk County Clerk,for Lot 2 (SCTM: 1000-99-1-20) illustrating ownership in the name of Tuck Realty,LLC. The transfer was made and recognized as a single and separate lot since the seller,Peter Phillips,III,owned the parcel since prior to July 1, 1983. No member of the public or immediate neighbor spoke in favor of or against this application. 111DINGS.OF FAC" d REAISONS FOR B_ RD ACIML The Zoning Board of Appeals held a public hearing on this application on April 4,2024 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b'3 b 1 . Grant of the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Sound Beach Drive neighborhood consists of equal-sized,non-code conforming lots developed in the mid twentieth century,on the Long Island Sound and on the roadway opposite. The street is a `dead end' culminating in pedestrian access to the beach, used by immediate residents and others within the community ofMattituck,namely,Captain Kidd Estates. Most area homes have been expanded upon or updated in recent years to reflect contemporary needs. Lot 2(proposed to be equally divided and shared with Lot 1 and 3)is the last remaining lot on Sound Beach Drive to remain vacant and undeveloped. All other lots, approximately 37, have been improved with residences. In `splitting' this lot and establishing lot line modification where Lots 1 &3 are enlarged,both remaining lots will be more conforming to code and additionally, a building lot will be extinguished with benefit to the environment and local community. 2. Town'Law 267-b b . The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue,other than an area variance. The only possible way to affect a lot line modification,where non-conforming lots are concerned is by variance. However, in permitting the modification and extinguishing the potential future development of Lot 2,the remaining lots will be enlarged and more code conforming than at present. 3. Town Law 267-b 3 b 3 . The variances granted herein are mathematically substantial,representing 50%relief from the code relative to the individual, 150 linear feet required lot width of each parcel, 1.4.3%relief from the code relative to the individual, 175 linear feet required lot depth of each parcel, and 72% relief from the code relative to the individual, 40,000 square feet area required of each parcel. However, in `splitting' Lot 2 and sharing the area equally with Lots 1 and 3, one fewer residence will be potentially built avoiding additional environmental concerns of wastewater in an environmentally sensitive area,risk to additional structures in a FEMA designed area, and the two remaining lots will be enlarged, making them more compliant with the Code for the R40 Zoning District. 4. Town Law 267-b b 4 . No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 267-b 3 . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Tgwn Law�26 -I�. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of`splitting Lot 2(SCTM: 1000-99-1-20)and sharing it equally with Lot 1 (SCTM: l Page 4,April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20&21 1000-99-1-19) and 3 (SCTM: 1000-99-1-21)while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. I , QL1J_"I1 DE "HE BQARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Pianamento,seconded by Member Lehnert,and duly carried, to GRANT the variances as applied for where each Lot 1 and 3 will contain 11,250 square feet in area, lot width of 75 linear feet and lot depth of 150 linear feet as shown on the"combined"survey prepared by Joshua R.Wicks,Licensed Land Surveyor and dated September 10,2023. SL'XWCT TO UM FOLLOWING OLLOWING CONDITIONS: 1. Town of Southold Planning Board approval is required. Failure to receive approval will nullify this decision. 2. The applicant shall file new deeds with Clerk of Suffolk County,and provide this,Board with a copy of the filed/recorded deeds with updated Suffolk County Tax Map Identification Numbers,along with filing same with the Town of Southold Assessor's office. This approval shall not be deemed effective until the required conditions have been meL At the discretion of the Board of Appealsfailure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON " H" E APPROVALS GRANTED HEREIN Please Read Carefull Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THISAPPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not 7 Page 5,April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20&21 to exceed three(3) consecutive one(1)year terms.IT IS THE PROPERTY OWNER'S 'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Planamento,and Lehnert. (4-0) resl/icnes Weisman, Ph�' person Approved for filing �// /2024 99 F'ek 7%7/04, eA 8117/Q6 a APPEALS BOARD MEMBERS Ruth D. Oliva,Chairwoman a4� ' ' " Southold Town Hall Gerard P.Goehringer 53095 Main Road•P.O. Box 1179 James Dinizio,Jr. Southold,NY 1 197 1-0959 Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ' ' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS PF-C IVED TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 6 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2006 Scut�Oldlom Cl'er ZB File No. 5910— KIMON and BARBARA THERMOS Property Location: 355 Sound Beach Drive, Mattituck CTM 99-1-19 ALCIR:...A QET FtM NAT10N: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps required under SEO A. PROPERTY FACT aCD SCRIPTION: The applicants" 7,500 square foot parcel has 50 feet along Sound Beach Drive and lot depth of 150 feet, The applicants propose to demolish the existing single-family dwelling shown on the February 2, 2005 survey„ revised ,January 21, 2006 prepared by Joseph A. Ingegno(Map No. 25-121C), B SIS OF APPLICATION: Zoning Code Section 100.32, based on the Building Department's May 16, 2006 Notice of Disapproval, in Its denial of an application for a building permit to construct a new dwelling, after demolishing the existing dwelling, for the reason that the new dwelling will exceed the code limitation for a maximum of two and one half stories.. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 27, 2006, 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: AREA VARIANCE RELIEF R UESTED: An area variance is requested to construct a proposed dwelling that will be three stories above grade instead of the required 2 V2 stories. Applicant was issued an area variance from the ZBA (#5825) which allows for construction of a replacement dwelling with insufficient side yard setbacks due to the narrowness of the lot. REASONS F R BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are other properties in the area with similar construction, with the third level at the ground floor(non-habitable) in the neighborhood. Page 2—August 17,2006 ZB File# 5910—KIMON and BARB THERMOS CTM No.99-1-19 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance procedure. The subject property is located in an AE flood zone and the foundation cannot be backfilled. In order to build a dwelling with a garage on this narrow 50 ft. lot, the garage by code must be at grade. Living space will be located 9 feet above the cement floor of the "basement/garage". 3. The alternative relief granted herein is not substantial. The proposed height of 34 feet 2 Y inches is within the code allowable 35 foot maximum height, and the applicant has agreed to install a full fire suppression system. 4. The difficulty has not been self-created. The property is located in an AE flood zone which restricts construction of a standard foundation. 5. No evidence has been submitted to suggest that the grant of the variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a replacement dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE B RD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Leslie Kanes Weisman, seconded by Chairwoman Oliva, and duly carried, to DENY the variance for a dwelling with three stories, and to GRANT ALTERNATIVE relief, allowing the applicant's construction plan at the requested number of stories with the lowest floor (above grade) for non-habitable basement area, and the remaining two floors as habitable area (floors above the ground floor), subject to the following Condition: The dwelling shall be equipped with a full fire suppression system. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, ,are not authorized under this application when involving nonconformities under the zoning code. This action dons not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0), & 1 lJry S acz., Ruth D. Oliva 8/;23/06 Approved for Filing 99 "fk 0 CA,s"P-A � M d w 99 zr, /0 - tl704 s i y APPEALS BOARD MEMBERS ►""df o Mailing ": Ruth D. Oliva,Chairwoman ,1 Southold Town Hall 53095 Main Road-P.O.Box 1179 Gerard P. Goehringer tt Southold,NY 11971-0959 James Dinizio,Jr. , .. iQn: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Iron 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net E ct ZONING BOARD OF APPEALS 4 TOWN OF SOUTTTOLD B i 3 2006 Tel.(631)765-1809*Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATII MEETING OF FEBRUARY 2, 2006 ZB File No. 5825—BARBARA and DIMON THERMOS Property Location: 355 Sound Beach Drive, Mattituck CTM 99-1-19 E RA DETERMI ON: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPEEY F CTSQESCRIPTION: The applicants' 7,500 square foot parcel has 50 feet along Sound Beach Drive and lot depth of 150 feet. The applicants propose to demolish the existing single family dwelling shown on the February 2, 2005 survey prepared by Joseph A. Ingegno (Map No. 25-040). BASIS OF APPLICATION: Building Department's October 20, 2005 Notice of Disapproval, amended December 8, 2005, citing Section 100-244 in its denial of an application for a building permit to construct a new dwelling, after demolishing the existing dwelling, for the reason that the new dwelling will not have a total side yard area of 25 feet, when a minimum of 10 feet is shown on a single side. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, 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: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a new single-family dwelling, after demolishing the existing dwelling. The new dwelling is proposed with minimum side yards at 10.5 feet on each side yard, for a total of 21 feet instead of the code-required 25 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The replacement dwelling is centered and will M 'Page 2—February 2,2006 ZB File 5825—B.and K.Thermos CTM No. 99-1-19 have a conforming yard on the westerly side, increased from the existing dwelling setback of 9.6 feet, to the new dwelling setback of 10.5 feet. The applicant's has modified the design from the original plan to conform to the code required 20% maximum lot coverage, and it is designed in such a way as to ensure that no undesirable change will be produced in the character of the neighborhood. 2. The extent of nonconformance is minimal at four feet for the total side setbacks, given the narrowness of the lot is 50 feet and the modest width of the proposed dwelling at only 29 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, based on the narrowness of the lot. 3. The variance granted herein is substantial, representing a reduction of four feet from the 25 ft. total side yard requirement. 4. The difficulty is placing a new dwelling is related to the narrowness of the property. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a replacement dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Simon, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the amended January 11, 2006 site map prepared by James J. Deerkoski, P.E. and amended house diagrams dated 1/11106. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman. Member Goehringer was absent. This Resolu ` was duly adopted (4-0). M Ruth D. Oliva, Chairwoman 21(o /06 Approved for Filing Mti kT �tl � ' BOARD MEMBERS o f so Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. at "it Office Location: Gerard P. Goehringer cry Town Annex/First Floor,Capital One Bank George Horning *► 54375 Main Road(at Youngs Avenue) Ken Schneider iti8o" 1 11971 http://southoldtown.northfork.net `l _ + i ZONING BOARD OF APPEALS SEP 7 2011 TOWN OF SOUTHOLD . 4 Tel.(631)765-1809•Fax(631)765-9064 SC» old TI W FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15,2011 ZBA FILE: 6499 NAME OF APPLICANT:John and Alexandra Kapetanos PROPERTY LOCATION: 455 Sound Beach Drive Mattituck,NY SCTM41000-99-1-21 SE RA DETFAMINATI N: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOI K COUNTY ADN NI, ,1: "tV (� ))E: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 20, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCR PTIQN: Subject property is improved with a two story dwelling, accessory garage and shed. It contains 7500 sq. ft.,with 50.00 feet of frontage on Sound Beach Drive, 150.00 feet along the northern property line, 50.00 along the western property line and 150.00 feet along the southern property line, as shown on a survey dated June 27, 2008 prepared by Nathan Taft Corwin, LS., with calculations noted by James Vincent DeLucca, RA. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's June 22, 2010, Updated June 13, 2011 Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling at, 1)front yard setback of less than the code required 35 feet 2) total side yard setbacks of less than the code required 25 feet, 3) lot coverage of more than the code required 20%. R:E1'JEF REQUESTED: The applicant proposes to construct a 7 ft. x 28.4 ft open front porch addition with roof deck above with a front yard setback of 31 feet where the code requires 35 feet and a 7.5 ft. x 28.4 ft second floor addition in the rear yard of the dwelling requesting, total side yard setbacks of 15 feet where the code requires 25 and lot coverage of 23.9%where the code permits a maximum lot coverage of 201/o. FINDINGS OF FACT/REAS,Q"N .F T1" N. The Zoning Board of Appeals held a public hearing on this application September 1,2011, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 2 of 3—September 15,2011 ZBA File#6499-Kapetanos CTM:1000-99-1-21 1. Town Law `267-b 3 'b l , Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several properties in this neighborhood have nonconforming setbacks similar to this application. The adjacent dwelling to the west of the subject property has a front elevation and front yard setback that is identical to the proposed addition and setback. The front porch roof deck will allow the applicant to enjoy a water view which is a common amenity in this neighborhood. The proposed rear yard second story addition will not be visible from the street. 2. Town Law 267-b 'b 2'. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling is situated at 36 feet from the front property line and any addition that would be functional would require a variance. The total side yards are existing at 15 feet which the proposed additions will maintain.The second floor addition to the rear of the dwelling is above the existing first floor and will not create additional lot coverage which is already non-conforming at 21%. 3. Town Law 267-1) 3 b '3 . The variances granted herein for the proposed lot coverage and total side yard setbacks are mathematically substantial requiring a 20% and 40% relaxation from the code, respectively. The variance for the front yard setback is not substantial requiring an 11% relaxation from the code. However,the total side yards are existing at 15 feet which the proposed additions will maintain and the existing non-conforming lot coverage of 21%will be increased by only 2.9%on this small 7,500 sq. ft. non-conforming property 4. Town Law 267-b'; 'b 4 No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subject property is relatively flat and contains no naturally regulated features. 5. Town 'Law, 2 7-b 3 b S . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 1i267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front and rear additions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION m,OF„THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer,and duly carried,to GRANT, the variances as applied for, and shown on the survey dated June 27, 2008 prepared by Nathan Taft Corwin,LS.,with calculations noted by James Vincent DeLucca,RA. Condition 1. The proposed second floor deck on the front elevation shall remain open to the sky. That the above condition be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code_ This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the rightto substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3—September 15,2011 ZBA File#6499-Kapetanos CTM: 1000-99-1-21 Vote of the Board: Ayes;Members Weisman (Chairperson), Goehringer, Horning, Schneider. (Absent was:Member Dinizio) This Resolution was duly adopted(4-0). t Leslie Kanes P��i_sinaji,. Approved for filing 9 ao /2011 BOARD MEMBERS, s' �''b Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �m� Town Annex/First Floor, Robert Lehnert, Jr. � ` 54375 Main Road(at Youngs Avenue) um Nicholas Planamento , � d' Southold,NY 11971 http://soutboldtownny.gov ZONING BOARD OF APPEALS April 23, 2024 TOWN OF SOUTHOLD Patricia Moore Tel. (631) 765-1809 Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Appeal #7888, Lot Line Change Thermos, 355 Sound Beach Drive, Mattituck SCTM No. 1000-99-1-19, 20, 21 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's April 18, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. The applicant shall provide the Town of Southold Zoning Board of Appeals a copy of a new deed(s), as filed with Suffolk County Real Property Department within one (1) year of the final approval of the subdivision by the Southold Town Planning Board. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Please contact the Planning Department regarding the next step in this subdivision process. If you have any questions, please call the office. Sincer ..im E. Fuentes Board Assistant cc: Building Department Planning Department BOARD MEMBERS soft Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road - P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora M Qfff it_Cc_L oK,—at i a a: Eric Dames Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold, NY 11971 RECEIVED littp://southoldtownny.gov ZONING BOAR1.) OF APPEALS TOWN OF SOUTHOLD Tel. (63 1) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18, 2024 ZBA FILE: #7888 NAME OF APPLICANT: Barbara and Kimon Thermos/Tuck Realty, LLC PROPERTY LOCATION: 355, 405, & 455 Sound Beach Drive, Mattituck,NY SCTM NOS: 1000-99-1-19, 1000-99-1-20, and 1000-99-1-21 SmmEQRA_QL' RMINA_ QN: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. rR I lmm �( Dl�: This application was refierred as required under the Suffolk Courity,Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated January 25, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. 1.WRP,DE'fJ-,RNUM1fQN: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. -SQU,l HQUI-111"OWN TLA M!_RQABk A reply to a request for comments from the Town of Southold Planning Board was received on April 2, 2024. In the Memorandum, the Planning Board indicates that they have reviewed the requested variances and is not opposed to the action for the following reasons: 1. The proposed transfer of Lot 2 (SCTM: 1000-99-1-20) will extinguish a single and separate non- conforming lot in the R40 Zoning District in a sensitive environmental area. 2. The split and transfer of Lot 2 (SCTM: 1000-99-1-20) acreage evenly to Lots I and 3 would increase the area and lot width of two non-conforming lots in the R40 Zoning District. 3. The subject parcels are in FEMA Flood Zone AE (structural hazard area). Further expansion of structures within these areas is not recommended. Conversely, structures in these areas should be minimized to prevent damage and loss from storm events. The Planning Board has considered the parcel location, surrounding community character, existing build-out, and location of structures and vegetation on the parcels. MELKLY_EAC 1 S/DI SC KIPIL _., This application involves three (3) rectangular-shaped, non-conforming parcels, located in the R,40 Zoning District where, Lot I (SCTM: 1000-99-1-19 a. .a. 355 Sound Beach Drive) consists of 7,500 square feet, .17 acre,and measures 50 feet along Sound Beach Drive,then runs south ISO feet along a vacant parcel (also subject of this application, Lot 2), then runs east 50 feet along a residentially developed lot to the south, then rCtLIMS to the roadway 150 feet along, a residentially developed parcel to the east. The parcel is improved with a two-story frame residence with second story front balcony over porch, entry stairs with inultiple platforms, a rear balcony over porch, gravel driveway with bloc curb, masonry walk and patio, retaining walls and Page 2,April 18,2024 #7888,Thennos SCTM Nos. 1000-99-1-19,20&21 outdoor kitchen; where, Lot 2 (SCTM: 1000-99-1-20 a.k.a. 405 Sound Beach Drive) consists of 7,500 square feet, .17 acre, and measures 50 feet along Sound Beach Drive, then runs south 150 feet along a residentially developed parcel to the east(also subject of this application, Lot 1),then runs west 50 feet along a residentially developed parcel to the south, then returns 150 feet to the roadway along a residentially developed parcel to the west (also subject of this application, Lot 3). The parcel is vacant and undeveloped;where, Lot 3(SCTM: 1000-99-1-2 l a.k.a.455 Sound Beach Drive)consists of 7,500 square feet, .17 acre,and measures 50 feet along Sound Beach Drive,then runs south 150 feet along a vacant parcel (also subject of this application, Lot 2), then runs .50 feet west along a residentially developed lot to the south, then runs to the roadway 150 feet along a residentially developed lot to the west. "Me parcel is developed with a two-story fraine residence with second story front balcony, a masonry driveway, outdoor kitchen,masonry retaining walls,a small frame stied and a frame garage;as show,,on the surveys prepared by Joshua R. Wicks, Licensed Land Surveyor and dated September 10, 2023. BASIS OF AP LICATIQN'; Request for Variances from Article IV, Section 280-18 and the Building Inspector's December 4, 2023 Notice otDisapproval based on an application for a lot line change;to split lot no. 1000-99-1-20 and adding equal parts to two adjoining lots; 1)two lots meaSUF-ing less than the code required minimum lot size of 40,000 sq. ft ;2)two lots measuring less than the code required minimum lot width of 150 feet; 3)two lots measuring less than the code required minimum lot depth of 175 feet; located at: 355 Sound Beach Drive, 405 Sound Beach Drive and 455 Sound Beach Drive, Mattituck,NY. SCTM Nos. 1000-199-1-19, 1000-99-1-20 and 1000-99-1-21. Q The applicant requests six (6) variances, for a lot line modification, impacting three (3) properties, where the code requires a mininiurn lot size of 40,000 square feet per lot created,a minimurn lot width of' 150 linear feet wide for each lot created, and a lot depth of a mininiurri of 175 linear feet for each lot created. After splitting the center lot (Lot 2) and adding it equally to the two adjoining lots (Lot I and 3), Proposed Lot I will be Ina with lot size of 11,250 square feet with a lot width of 75 linear feet and a lot depth of 150 linear feet; Proposed Lot 3 will be non-conforin ing with lot size of 11,250 square feet with a lot width of 75 linear feet and a lot depth of 150 linear feet. APPI'l"IQNALTN1-.',,QRMATIW I'lic applicant provided additional, individual and CORibined, surveys for the newly configured I.,ots I and 3 wl iere Lot I (SC,I,M: t000-99-1-19�)will measure 75 feet along Sound Beach Drive, then run south 150 feet along Lot 3, then run east 75 feet along a residentially developed lot to the south and return to the roadway 150 feet along a residentially developed lot to the east;and where Lot 3 (SCIM' 1000-99-1021)will measure 75 feet along Sound Beach Drive, then, run south 150 feet along Lot 1, then run west 75 feet along a residentially developed lot to the south and return to the roadway 150 feet along a residentially developed lot to the west;as shown on the surveys prepared by Joshua R. Wicks, Licensed Land Surveyor and dated September 10,2021 Prior Zoning Board of Appeals relief was granted for 355 Sound Beach Drive, Mattituck (SCTM: 1000-99-1-19) under file: #5825 dated February 13, 2006 granting reduced side yard setback tion #5910 dated August 24, 2006 granting alternative relief, allowing the applicant's construe plan at the requested number of stories with the lowest floor (above grade) for a non-habitable basement area, and the remaining two floors as habitable area(floors above the ground), subject to the following condition: The dwelling shall be equipped with a full house fire suppression system. Prior Zoning Board of Appeals relief was granted for 455 Sound Beach Drive, Mattituck (SCTM: 1000-99-1-21) under file: yard setbacks and 96499 dated September 27, 2011 granting reduced front yard, combined side y excessive lot coverage with a condition that the second floor deck on the front elevation shall remain open to the sky. Each developed lot, 355 Sound Beach Drive(SC"rm: 1000-99-1-19) and 455 Sound Beach Drive (SCTM: 1000 99-1-21), are covered by various Certificates of Occupancy for improvements on the individual site. 405 Sound Page 3, April 18,2024 #7888, Thermos SCTM Nos. 1000-99-1-19,20& 21 Beach Drive (SCTM: 1000-99-1-20) is undeveloped in remains in its natural state. The applicant provided copy of a gownershi rnkrot 2 (S(ITM: 1000-99-120) illustratinp in the name OffUck Realty, LIX. The transfer was made arid recognized as a single and separate lot since the seller, Peter Phillips, III,owned the parcel since prior to JL1IY 1, 1983. No member of the public or immediate neighbor spoke in favor of or against this application. I'l[ND u dG OF A T/ RE S 5_1,QKJaQAR1!AC_'1t0N: The Zoning Board of Appeals held a public hearing on this application on April 4,2024 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding,neighborhood, and other evidence, the Zoning Board finds tire following facts to be true and relevant and makes the following findings: 1. Town Law 1).. Grant of the variances requested will riot produce an undesirable change in the character of the neighborhood or a dcl rinient to nearby properties. The Sound Beach Drive neighborhood consists of equal-sized, non-code conffirming, lots developed in the mid twentieth century, on the Long Island Sound and on the roadway opposite. The street is a 'dead end' culminating in pedestrian access to the beach, used by immediate residents and others, within the community of Mattituck, namely,Captain Kidd Estates. Most area homes have been expanded upon or updated in recent years to reflect contemporary needs. Lot 2(proposed to be equally divided and shared with Lot I and 3) is the last remaining lot on Sound Beach Drive to remain vacant and undeveloped. All other lots, approximately 37, have been improved with residences. In 'splitting' this lot and establishing lot line modification where Lots I & 3 are enlarged, both remaining lots will be more conforming to code and additionally, a building lot will be extinguished with benefit to the environment and local community. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The only possible way to affect a lot line modification,where non-conforming lots are concerned is by variance. However, in permitting the modification and extinguishing the potential future development of Lot 2,the remaining lots will be enlarged and more code conforming than at present. 3. Town Law ki�6Z-h 3 b,)L3L, The variances granted herein are rnathernatically substantial,representing 50%relief from the code relative to the individual, 150 linear feet required lot width of each parcel, 14.3% relief from the code relative to the individual, 175 linear feet required lot depth of cacti parcel, and 721yo relief from the code relative to the individual, 40,000 square feet area required of each Parcel. However, in 'splitting' Lot 2 and sharing the area equally with Lots I and 3, one fewer residence will be potentially built avoiding additional environmental concerns of wastewater in an environmentally sensitive area, risk to additional structures in a FEMA designed area, and the two remaining lots will be enlarged, making them more compliant with the Code for the R40 Zoning District. 4. rown Law 4267-bQLtJJ4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. T'he applicant must comply with Chapter 236 ofthe'rown's storm Water Management Code. 5. Town Law 5267-b(3)(b)05). The difficulty has been self-created. The applicant purchased the parcel after the zonTng-Code was in effect and it is presurned that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. l _ 07-b. Grant of tquested rthiumsaryeqnablethe apicant to enjoy the benefit of'splitting Lot 2 (SCTM: 1000-99-1-20) and sharing it equally with Lot I (sc,'m Page 4, April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19, 20&21 1000-99-1-19) and 3 (SCTM: 1000-99-1-21)while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. aO,�. Y..I K) OF j',ff. BOARD In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Lehnert,and duly carried, to GRANT the variances as applied for where each Lot 1 and 3 will contain 11,250 square feet in area, lot width of 75 linear feet and lot depth of 150 linear feet as shown on the"combined"survey prepared by,loshua I..Wicks, Licensed Land Surveyor and dated September 10,2023. SUBJECT T()TH ' F(:).l'A,OW 1NG CO l:TIONS: 1. Town of Southold Planning Board approval is required. Failure to receive approval will nullify this decision. 2. The applicant shall file new deeds with Clerk of Suffolk County, and provide this Board with a copy of"tile filed/recorded deeds with updated Suffolk County Tax Map Identification Numbers, along with filing same with the Town of Southold Assessor's office. This approval shall not be deemed effective until the required conditions have been met.At the discretion oj, the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT t,tvi TS ON THE APPROVALS GRANTED HEREIN Please Read Carefull Any deviation from the sur7vey„,site plan anddlor architectural drawings cited in this decision, or work exceeding the scope of the reliifgranted herein„ will result in delays andlor a possible denial by the Building Department of a building permit and/or the issuance qf a Stop Work Order,and gray require a new application and public hearing before the Zoning Beard of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings,site plan andlorsurvey cited above,such as alterations, extensions, demolitions,, or demolitions exceeding the scope of tile*relief granted herein, are not authorized under this application when involving nonconforenities render the zoning code This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THUS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not Page 5,April 18,2024 #7888,Thermos SCTM Nos. 1000-99-1-19,20& 21 to exceed three (3) consecutive one (1) year terms. rr ISTHE PlIOPERTY OW Lfjvs RESPONSIBI 'ry LI 'rO ENSURE COMPLIANCE WITHTHE CODE REQUIRED TIME FRAME DE, SCRIBED IIERFIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, and Lehnert. (4-0) Leslie Kanes'Weisman, Chairperson I t I Approved for filing 71/ � /2024 °m OFFICE LOCATION: °�' � MAILING ADDRESS Town Hall Annex P.O. Box 1179 54375 State Route 25 - Southold,NY 11971 (cor. Main Rd.& Youngs Ave.) , `; Telephone: 631-765-1938 southoldtownnov Southold,NY ° ',� "���tr��� ��� www. y g PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: July 22, 2024 Re: Check Please deposit the attached check into B691: Deferred Revenue. Fee is for a Lot Line Change Application not yet accepted by the Planning Board. Thank you. _.._. .. __ _.........._-___wwwww . ........, .P... _ ... ._ ... ........................................... ._ .....� C..........._._..__...._...__._._._.. Project Name & Ty e Tax Map # Amount heck Date& Number Captaind Estates 99. 1-19, 20 $500.00 5/21/24 - #6593 Resubdivision & 21 Barbara & Kimon Thermos CW ............. _...._..._....._.........._._._........._........ ._........_..._w_..........w_............ .................._.................._.. ..w._....___._ Aft.