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HomeMy WebLinkAbout5345 ZocLmos Lenfract41.9 43 ISS__suaanki 4)101.41..t. 43/4 5.34s _ nuicc cithAew NAL/ doe124 0, _ 4 ,3 Bet rnas-C„ ek-opt&fat ien NiA15;A-4 _yur4-../z c pho 0-C 1 -.2? O'/ wID ctitfle5 2 1-E t [ ,,-, csyci ; , -----) ( r03 r ‘---) ,r it ) Rilii, GOt ' iN)G IN Ilk \Iffi< ( jr71 ) SI-1, 07<-7.2_0c3 D ( /- --,,- 1 r (1: 57) R in • 0 -Jet C 0- 1 1 ' 3/41 ‘e 1.6.• t a610 tirr‘) /121'1-#4:a2a/4-14- IF I LA) yg cci_e_c_„„ifiA : Re /9 ncatein" sat d. .tetaial. 42-92,1,a4L2 i St c);-0 cy\aL, i2-4 —7es, — 336 1 rr:1111 .Zer, LE; Azd3 vi, 1 0.); zit° P/OS I :1 er 4 A/2_4-4-1-c. 41, d-2xvieu_x_efieef 44, 6-0 it'frc- ---0 1 Cciare,,C-Cz.- ; t"---y ViffrV, did-0•9& — a) 03 4 I A ii to1,4 73u. , 4 • , . . - , e2da -4 eiffic-e-,'1-#< ' leiH6b§i-t---> k Vi 24.r.e_e-lued-c-a-e-a-e,..0 0- 14)4--4 i - t ,,A 9ittezi PO 1 t ki f '45:fi, - 0,4 the — -Ark4-alekte--k-k2---.ric - ? k Ikt l'AS pestt ; - _ _ ., ia 2 06 (77 ) ) i 414fril I- 1 v E2.46)—w-TaLzwi;//21- tt I D 14°4J-41 4 l 'ir 1 r FL 1 i r " r 1 CATO CP) t i r „,iisii.,,, # O Ofr . APPEALS BOARD MEMBERS 01&” ,d11 00 /&" % Southold Town Hall Ruth D. Oliva, Chairwoman Selo' �t7 53095 Main Road Gerard R Goehringer t 1h240.10 ± P.O. Box 1179 Lydia A. Tortora 's Southold,NY 11971-0959 Vincent Orlando �� \NT. Tel. (631) 765-1809 James Dinizio,Jr. OI 01 Fax (631) 765-9064 RE ' �fIFD http://southoldtown.northfork.net RECEIVED 14 666 /0:0 D #/HZ 1 FEB ® 2004 .OAI':9I OF APPEALS TOWN OF SOUTHOLD FEB a 2004 FINDINGS, DELIBERATIONS AND DETERMINATION /ZONING SOAPS of APPEALS MEETING OF JANUARY 22, 2004 f -Stu C Appl. No. 5345 — ZOUMAS CONTRACTING Property Location: 155 Sunnyside Road, Southold; Merged Area consisting of CTM #1000- 63-1-5 and 4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is shown on the Harold F. Tranchon, Jr. survey prepared 10-22-2002, revised 3-21-2003, with 101 ft. frontage along the west side of Sunnyside Road in Southold. BASIS OF APPLICATION: Building Department's April 3, 2003 Notice of Disapproval, citing Section 100-25, which states that the nonconforming land area referred to as CTM 63-`-5 merged with an adjacent land area referred to as CTM 63-1-4. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2003, at which time written and oral evidence were presented. On December 18, 2003, a hearing was held for the purpose of receiving new information relative to a Supreme Court Claim by the adjacent landowner under Supreme Court Index#03-20237. WHEREAS, the applicant, through his attorney, has requested that this request for a waiver of merger be withdrawn, without prejudice, pending the determination of the title claim based on adverse possession filed by the adjacent owner, Harry Winterling and Jeannette Winterling. RESOLUTION OF THE BOARD: Now, therefore, on motion by Member Goehringer, seconded by Chairwoman Oliva, it was RESOLVED, that Application #5345 requesting a waiver of merger be and hereby is withdrawn, without prejudice. 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 Page 2—January 22, 2004 Appl. No. 5345 —Zoumas Contracting 65-1-5, 4 at Southold addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution = �y�JJadopiyy\e\�d �j. Ruth D. Oliva, Chairwoman 2/2/04 Approved for Filing 123 1 2 BOARD MEMBER ORLANDO: Our decision will say 40 foot front yard, 30 foot 3 backyard and -- MS . MOORE : That' s fine . 4 CHAIRWOMAN OLIVA: Mr. Goehringer? BOARD MEMBER GOEHRINGER: That' s 5 fine. CHAIRWOMAN OLIVA: Is there 6 anybody in the audience that would like to speak for or against this application? 7 Hearing none, I ' ll make a motion to close this hearing and reserve decision until later. All 8 in favor? (Whereupon, all Board Members 9 responded in favor. ) 10 CHAIRWOMAN OLIVA: Good afternoon, next hearing is Zoumas Contracting, Number 11 5345 . MR. ARNOFF : Good afternoon, 12 everybody. CHAIRWOMAN OLIVA: Good afternoon. 13 MR. ARNOFF : Before I start, I notice that the wonderful secretary of the 14 Zoning Board who served so diligently all these years has made an entry on your calendar 15 for today, and I was wondering if it was directed at lawyers, because Article 5 says 16 possible execution session. Now, I don' t know if that means if that' s directed at me 17 indirectly or Miss Moore or perhaps Miss Wickham, but I ' ll internalize that, and I' ll 18 be brief . BOARD MEMBER GOEHRINGER: Aren' t 19 you the past town attorney in this Town? MR. ARNOFF : Yes, I am. 20 BOARD MEMBER GOEHRINGER: Therefore it refers strictly to you. 21 MR. ARNOFF : Then I ' ll finish somewhere around quarter to 6 : 00 . 22 Having said that, good afternoon. I 'm here, one, to sort of reiterate in part 23 what you have in written form in my July 17th letter. The first thing, and it' s interesting 24 in a prior presentation Miss Moore said zoning statutes are to be strictly construed. 25 Everybody thinks they come here for a variance, it' s a rubber stamp . Okay, fine . December 18 , 2003 124 1 2 No, there' s got to be a valid reason, just like with lot merger, and the code sets up 3 four criteria. And in my letter to you, I' ve shown you how they can' t meet two of 4 them. Two of the four are impossible to meet . Can we feel sorry for Mr. Zoumas? 5 Certainly we can feel sorry for him, he bought a pig in a poke, that' s what happened. He 6 should have done some things in advance, perhaps not, that' s not my determination. The 7 fact of the matter is, he' s in a position where he' s created this hardship unto himself . 8 Had he come to this Board, had he made an application when he was a contract vendee, 9 perhaps then he would not be a position he is, having spent the money on a piece of property. 10 But I 'm going to pass on that because I think what' s important to you is also to address the 11 issue of the adverse possession claim. The adverse possession claim is 12 brought utilizing applicable law, and I will hand up to the Board the decision by the Court 13 of Appeals matter of Ray against Beacon Hudson Mountain Corporation. I have one copy of it . 14 It just basically outlines one of the more recent determinations by our Court of Appeals 15 in regards to criteria. That property in that question was a summer property. It dealt with 16 issues of whether there was a continuing period with summer home, and it dealt with 17 other issues, but there' s some very important language embodied in that decision which 18 directly impacts on what the Winterlings are doing with their adverse possession claim. 19 Now, we know certain things that are incontrovertible . In July 1987 the 20 Winterlings bought their property. In July of 1991, the deceased Mr. Grattan transferred to 21 his son Wayne the parcel in question. And then I believe it was November of ' 02 -- I may 22 be wrong but sometime in ' 02 , the property was transferred to Mr. Zoumas . There is no 23 question that the lots merged as a matter of our zoning code law. I don' t think there' s 24 any question about that, these lots merged. The questions is : Did we acquire them by 25 adverse possession? Well, that' s going to be for a Supreme Court judge to decide December 18 , 2003 125 1 2 ultimately. Now, one of the things that I 3 think is not entirely clear according to our appellate courts, and, I'm sorry, I apologize 4 to this Board because I don' t have the decisions with me, but the issue that there' s 5 a lis pendens filed and an adverse possession case pending is not dispositive . And I don' t 6 want you to think I'm coming in here trying to sell a bill of goods, I' m not . It' s not 7 finally dispositive . This Board has the power to grant Mr. Zoumas' s application, 8 notwithstanding the pending adverse possession case . That' s a fact . The question is, is it 9 provident for it to do so? Is it a discretionary act that they can say, you know, 10 Mr. Zoumas, finish your adverse possession case, and if you' re successful come back 11 before us and then we' ll hear your application. You have that power as well, and 12 that was the purpose behind my sending your secretary initially a copy of the summons and 13 complaint in the lis pendens to indicate the action was pending, issue has been joined, 14 there' s been a preliminary conference, discovery has been commenced but we' re still 15 talking a few years . But what we have here is an application where this Board could act to 16 no avail . You' re going to split the lots to have us say a Supreme Court judge say we own 17 it . So ultimately, what I think we 18 really have here is perhaps this Board is in a position here to take the position to deny the 19 application without prejudice . Mr. Zoumas prevails, so be it; if he doesn' t prevail, 20 then this Board has not wasted its time and the taxpayers' money going through additional 21 work and Article 78 proceedings, or whatever else comes out of this, that is totally 22 unnecessary. So that' s why I 'm here today, I think it says it simply. I would welcome any 23 questions from any members of the Board on any issues I can probably address . 24 CHAIRWOMAN OLIVA: Mr. Goehringer. BOARD MEMBER GOEHRINGER: I agree 25 with you. MS . MOORE : Maybe you should hear December 18 , 2003 126 1 2 from the rest of the attorneys in the room before you decide . 3 CHAIRWOMAN OLIVA: I haven' t decided. I just want to know if they have any 4 questions of Mr. Arnoff? BOARD MEMBER TORTORA: No 5 questions . CHAIRWOMAN OLIVA: No questions . 6 MR. ARNOFF : Thank you very much. CHAIRWOMAN OLIVA: Mrs . Moore . 7 MS . MOORE : I 'm obviously not in support of that position. To begin with, if 8 there is a merger it would have occurred when Daniel P. Grattan had the common ownership 9 between ' 87 and ' 91 because after that, both parties sold believing that they had single 10 and separate properties . Mr. Winterling got a lot, a house thinking that' s all he bought; 11 and Daniel P . gave his property to Wayne before he passed away believing that he gave 12 his son a lot that could be built on. So the adverse possession may or may not prevail, and 13 I have Mr. Sal Antonacci, who is the attorney for the title company, who is obligated to 14 bring the defense with respect to this adverse possession claim. 15 My objection is with his, Mr. Arnoff, suggesting to you to close the hearing 16 or deny the application without prejudice . I believe that once you deny an -- even though 17 you' re saying without prejudice we can come back in and make the application, my concern 18 is somehow or another, a town attorney down the line is going to raise the issue that you 19 made the decision, it was final, it was a denial, and therefore we have to bring an 20 Article 78 with respect to your decision-making. That is an issue that can be 21 brought, and I've seen all kinds of procedural uses or abuses of proceedings . I don' t want 22 my client to -- and all of you -- believing based on what Mr. Arnoff' s opinion is, that 23 this denial will have no effect on future either Mr. Zoumas or Mr. Grattan or anyone 24 else . I believe once you make a decision, it' s final and binding even though you say 25 it' s not -- it' s without prejudice, come back in when this is all resolved. December 18 , 2003 127 1 2 BOARD MEMBER GOEHRINGER: The other avenue is -- and I 'm not speaking for 3 the Board, I 'm speaking for myself -- is very simply is to hold the hearing in abeyance, and 4 quite honestly in either one of those situations one is legally able to be brought 5 in Article 78 ; the other one is it' s held in abeyance until the judge makes the decision. 6 MS . MOORE : If you' re inclined to wait out the process, and I think you should 7 rule based on the fact that I disagree with Mr. Arnoff whether or not Mr. Zoumas has been 8 able to identify all of the standards of the waiver of merger. I think that we fit every 9 single one of those statutory standards to a T. So it' s not -- so you could grant this 10 waiver of merger, and we could proceed on with whatever Supreme Court battles ensue . And 11 Mr. Winterling may end up with a lot or not depending on the success of his claim. 12 I know that the courts have in the past when there' s been litigation that' s 13 outside, separate litigation pending, and I think Gail Wickham' s here, the Zoupa case is 14 one, I was actually before the same judge, and he was beating me up with respect to making a 15 decision and whether or not your decision has any -- should be held up with respect to 16 separate litigated issues . And that particular judge felt that they wanted a 17 position from this Board. I think the Supreme Court 18 generally wants to see a decision. You should not hold up your decision-making based on 19 separate and distinct arguments that they may or may not prevail in the Supreme Court . I 20 would rather see it done thatway. But if you are inclined to postpone the decision-making, 21 I would prefer that you keep it open rather than deny with leave to renew or reapply. I 22 think that that' s a concern of mine that I don' t want to find myself years down the line 23 after this is resolved and finding out I'm precluded from coming back in. Let' s say the 24 code changes, whatever, we have an application that' s still in effect . I don' t want -- maybe 25 they' ll clean it up for the good, but I -- BOARD MEMBER GOEHRINGER: In a December 18 , 2003 128 1 2 generic sense, let me say this to you : Taught by the town attorney, who was the town 3 attorney from 1955 to 1988 , we never, never, never, held an application in abeyance . It 4 was always denied without prejudice . It was only sometime in the latter ' 80s, early ' 90s 5 that we started that process . Only because, or many times, I won' t say only because, many 6 times because, the applicants were probably not ready to complete the application or that 7 there were extenuating circumstances which caused the Board to hold the application in 8 abeyance . That' s just past procedure . MS . MOORE : I understand but 9 there' s been a lot of law that' s occurred since 1988 . And my concern is how the Court 10 of Appeals have been ruling and finding this Board' s decision-making, whether or not that 11 allows us to come back in or not . Before you make that decision, I think I ' d like to look 12 into the books and make sure that you' re not inadvertently, kind of stop the process , let 13 them battle out, come back in when you know what you've got . I understand logically that 14 makes sense, but I don' t want legal obstacles having the Grattans have a different lawyer 15 come in and say, well, they denied without prejudice, but without prejudice just like you 16 can' t extend times for statutes of limitations, even though that was something 17 that agreed between the parties . Oh, absolutely, give us time to make this 18 decision, give us time to appeal . Those cases have clearly been thrown out, and no, no, you 19 don' t have that authority. I don' t want that situation to come up, some court deciding you 20 don' t have the authority to say we can come back in and make an application after the 21 title issues are resolved. So, if you' re inclined to do that, please give me a chance 22 to check it out or check with your own town attorney. But we don' t want to -- I know 23 you' re not intending to hurt anybody here . I just don' t want you to inadvertently hurt 24 someone . BOARD MEMBER TORTORA: Must be 25 late in the afternoon. I'm not sure exactly, what is it that you want? December 18 , 2003 129 1 2 MS . MOORE : My inclination is that you leave the hearing open for whatever period 3 of time . Personally what I want is for you to make a decision on the Grattan case and then 4 be done with it . Winterlings can fight out whatever claim they want . If you don' t feel 5 comfortable doing that, then at least leave the hearing open. 6 BOARD MEMBER TORTORA: Hearing open a year, two years, six months, ten 7 months? MS . MOORE : Put on the record -- 8 MR. ANTONACCI : My name is Salvatore Antonacci, ANTONACCI , and I 9 am representing Zoumas Contracting Corporation and the State Court of New York County of 10 Suffolk. The matter is Winterlinq versus Zoumas Contracting Corporation, we have been 11 retained by first American Title Insurance Company of New York to defend Zoumas against 12 Winterling' s claim for title by adverse possession. 13 And I 'm just here to state our position that this matter should not be stayed 14 as a result of the litigation ongoing at the Supreme Court . It is not - it' s not 15 irrelevant, however, it is irrelevant to the point of adverse possession by claim of title . 16 It is going to be at least a two or three year litigation. And it is our 17 position that the court will not make a decision until that time, and this particular 18 Board should not be delayed with the decision for two to three years . 19 BOARD MEMBER TORTORA: It really must be late because somehow this is all 20 getting very garbled. The Board can' t make a decision. 21 We don' t know if there is a lot . We don' t know the ownership of the lot . Those are 22 facts that this Board needs, in my opinion, in order to render a decision. 23 As far as Catterson, Miss Wickham had nothing to do with that case . As far as 24 Catterson was concerned this Board made a determination, but that is totally, totally 25 not related anywhere to what is happening here . What' s happening here is we have a December 18 , 2003 130 1 2 waiver of merger before us; what' s happening here is we don' t know who owns the lot , so to 3 ask us to hold it in abeyance for two years, we' re not going to do it . To ask us to make a 4 determination on what, to grant the waiver to who? 5 MS . MOORE : you have an owner. Zoumas is an owner. The claim is merely a 6 claim of title it is not a determination of ownership . You' re presuming here that 7 Mr. Winterling is going to win. BOARD MEMBER TORTORA: I'm not 8 making any presumptions . MS . MOORE : You've accepted his 9 claim as a fait accomplis . BOARD MEMBER TORTORA: No . I said 10 you don' t know. It' s very difficult for us at this point to follow along this track. No 11 further questions, Ma' am, Chairman, I don' t know where you want to go with this . 12 CHAIRWOMAN OLIVA: I rather agree with what you' re saying. I really do . I 13 don' t want to see -- because if we hold an abeyance it could be one or two years . the 14 Board could be different . They' re not going to be familiar with the circumstances . It 15 would be much simpler to do what Mr. Goehringer said, deny with without 16 prejudice -- and/or Mr. Arnoff said -- then come back again. 17 MS . MOORE : Well, it might make more sense, and I haven' t spoken with the 18 client -- but we withdraw our application so there' s no decision by this Board. That makes 19 more sense and then we can argue over the title . We won' t have a decision of this Board 20 that we have to worry about being binding or not binding, or whether or not you have the 21 authority to allow us to reapply. BOARD MEMBER TORTORA: That would 22 make a lot more sense . MS . MOORE : This is off the top of 23 my head. I understand what you' re trying to do. My concern is, I don' t want you making a 24 decision today, deny the application with leave to renew or reapply. I don' t want to 25 create that record today without an opportunity to look into it, because I don' t December 18 , 2003 131 1 2 want all of us to inadvertently preclude Mr. Zoumas from coming back in when he 3 prevails . BOARD MEMBER TORTORA: Why don' t 4 you -- MS . MOORE: I have to talk to a 5 client . I don' t have a client here . CHAIRWOMAN OLIVA: That' s the best 6 suggestion of all . MS . MOORE : Thank you. I know 7 that will make your life easier. BOARD MEMBER GOEHRINGER: Why 8 don' t you ask Miss Moore to make a decision by the special meeting. 9 CHAIRWOMAN OLIVA: January 8th. MS . MOORE : I just want to speak 10 to a client, so -- MS . KOWALSKI : Unless it' s 11 withdrawn after-- MS . MOORE : Sure, I can withdraw 12 it tomorrow. MS . KOWALSKI : So we should recess 13 this without a date . CHAIRWOMAN OLIVA: Mr. Orlando, 14 did you have anything? BOARD MEMBER ORLANDO : No 15 questions . CHAIRWOMAN OLIVA: Mr. Arnoff? 16 MR. ARNOFF : I' d like the record to be clear. I'm wearing a couple of hats 17 here . I represent the Winterlings in a litigation. I also represent the Grattan 18 family and the Winterlings in their opposition to the -- not the merger issue . So I'm here 19 in a sort of dual capacity. So I don' t want the Board to be confused. But I agree with 20 what Ms . Tortora said and Mr. Goehringer said to hold this in abeyance and unresolved, 21 you' re absolutely correct; we could be dealing with a whole new board when we come back here . 22 What is the purpose of holding it in abeyance when it could be denied without prejudice and 23 we' ll burn the bridge if and when we have to burn it, andwe' ll deal with the issues of 24 whether or not the lot remains merged or doesn' t remain merged and the equities that 25 are involved in that argument at a later date . That makes the most sense . Should Miss Moore December 18 , 2003 132 1 2 choose to withdraw, that' s her choice, of course . That' s everybody' s right to do, but 3 ultimately, I think the Board is left in sort of -- you can obviously do whatever you 4 like -- but I' d like to point out -- you can actually make me be quiet, which is what S you've done for years - - one of the interesting things that you might want to 6 consider is, think about this, you approved Mr. Zoumas' s application. We filed an Article 7 78 ; we now have dueling -- we have a lawsuit pending and an Article 78 proceeding. Really 8 having no relationship to one another but relating to the same piece of property. We 9 end up with two Supreme Court judges making a decision that would somehow or other make no 10 sense at all, and we would avoid taxpayer money in defending an Article 78 proceeding, 11 County money and wasting judicial time and going through all this in a needless Article 12 78 proceeding. We all complain about lawyers and litigation and expenses, here' s a way to 13 short circuit a lot of this, for the Board to make a prudent economic thing saying, stop it 14 here, we' ll give you leave to reapply. And I' ll put a stipulation on the record now, as 15 far as my clients are concerned, we will consider this without prejudice, and we will 16 not raise the issue of a prior proceeding brought . That solves her problem. I think 17 the matter should end today, whether it' s done by way of withdrawal or done by way of the 18 denial without prejudice of this Board. That makes the most sense . Now I 've said all I 'm 19 going to say today. Thank you. CHAIRWOMAN OLIVA: Is there 20 anybody that would like to speak on this application? Hearing none, the Board' s 21 pleasure is to recess this hearing until January 8th. 22 MS . KOWALSKI . Without a date . MS . MOORE : By January 8th I' ll 23 notify by January 8th. BOARD MEMBER GOEHRINGER: There' s 24 a gentleman has a question. CHAIRWOMAN OLIVA: Yes, sir. 25 MR. RATICAN: My name is Joseph Ratican, I live west of Zoumas' s property December 18 , 2003 133 1 2 there, if it is his property. I have a question on this map, here it doesn' t show 3 where the cesspool' s going to go. It doesn' t show where the front steps or porch or back 4 steps going to go . I built at least 20 houses in Southold, and I was never permitted to put 5 cesspools in the back of the house . Now, according to this, the cesspools are going 6 back in the house, next to my property. CHAIRWOMAN OLIVA: Sir, I think 7 that is up to the Board of Health and not up to this Board to determine where the cesspools 8 are being placed. BOARD MEMBER GOEHRINGER: We' re 9 not even close to -- CHAIRWOMAN OLIVA: We' re not even 10 close to them building a house . BOARD MEMBER GOEHRINGER: We don' t 11 mean to be sarcastic yet but -- MR. RATICAN: That ' s all I have . 12 Thank you. CHAIRWOMAN OLIVA: All in favor? 13 (Whereupon, all Board Members responded in favor. ) 14 BOARD MEMBER GOEHRINGER: Second and I . 15 CHAIRWOMAN OLIVA: Next hearing is J. and C Holdings, Incorporated, Mrs . 16 Doll . It' s been recessed since 12/1 we got a new letter from the soil and water 17 conservation. They actually replied rather favorably. Mrs . Wickham, good afternoon. 18 MS . WICKHAM: Good afternoon, Abigail Wickham for the applicant . 19 And yes, since the last hearing, several things have happened. Soil and water 20 has responded indicating a favorable review of the proposal with respect to bluff 21 drainage . You have received new maps which indicate the moving of the drain that had been 22 close to the bluff further towards the street and that drain will accommodate part of the 23 roof runoff, and there are other dry wells on the property that will accommodate the 24 driveway run off and the run off from the front part of the roof, front meaning water 25 side, actually the rear. You have also received a plan that December 18 , 2003 FORM NO 3 NOTICE OF DISAPPROVAL. DATE: April 3, 2003 TO: Zoumas Contracting POBox 36F Wading River,NY 11792 Please take notice that your application dated April 2, 2003 • For a merger determination at Location of property 155 Sunnyside Road, ovy-Limit-ra County Tax Map No. 1000 - Section 63 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The subject lot(SCTM# 1000-63-1-5 has merged with adjacent lot to the north(SCTM# 1000- 63-1-4) pursuant to Article II Section 100-25, which states "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." 4Le-cla> ej-&- Authorized Signature CC: file, Z.B.A. . i LOT AREA= 9,048 sq. ft. F.F. ELEV.= 72.5 OAR. ELEV.= 70.5 I cesspool I well ,f 1 n, y w�sl grease- 45* \D TER k-----1°9' then 450' /�i� D19/ELLING -PUBLIC WA `�'� Fi NOW GR Fe agl=tzLY MAITERLING n t.& OLD STONE C�sssg�aal N 66.5,1-100:t (66.6) 90.00' I (se.Gj1 (70.1) z <p 19.17 �,_ 35:4' , �- 0 0 :n j u l Ll 0 9 0, co En E I PRC Ico - DWELL i co e04 � -. yo a ai. 1 ID n ti Z a 1 C e_ Y„1 TEST HOLE P- O I I GAR o� ;a PROP DRIVE 7,,‘,/cc a ' 35.0' i 9'17 I _ — `2o. pfd !O 'kit?' '" w i (69.5) Rs e3 til ) i:.(66.5) O prop r well . 1 S 66'54't)0"J 90.00' (67.6) ° . PIP -----' PE LEANING EAST R.R. MON. III LLR.R. IIIIIIII11111ii -FEST HOLE BY FRcDONALD OEOSCIENCE 11-1 -2002 dark brown loam 'OL ` brown silty sand SM { 2:5° pale brown fine NOTE: LOCATION OF ADJOTNERS WELLS Ito coarse sand AND SANITARY SYSTEMS BY OTHERS AND ARE NOT GUARANTEED. C SW THE DEMME OF Rear OF AYS MID OR EASEMENTS 17;.... OF RECORD. F Mt RIOT MOWN ARE NOT MAMMIES. 3-21-2003 REVISED DWELLING THE OFFSETS (CR oaP 4csos) MOON HeCN FROM THE SI' TARES To THE gp& PROFSEW LINES ME FOR A SPETERO Rene MD USE MD THEREFORE ME NCR JOB No. 02-458 FILE No. 798F INTECED TO GUDE le ERECTION OF F¢'IMS, Wee MMES. Peaas. FARCE. 9Y' PUNT=ARMS, =Me TO Mee DR ANT OTHER CONSIMMODN. SURVEYED FOR ZOUMAS CONTRACTING CORP. UNAUTHOREEED ALTERATION OR AMMON TO THE SURVEY S A YIOLERON OF SEDDON f $ T2OR CF WE NOR 417n-1K STATE EDUCeATiON fat. GUARANTEES TND)OATED HERON SHALL RUN ONLY To ME P"ERMN FOR Eite WE SURTET s PREPARED, ADO ON Hs BEMNS In THE rens =PAPy,, GOVERNMENTAL SITUATED AT SOUTHOLD AZFICY Mn LORDINE LSTED HERERN. ANO TO THE AES16Ea'EES OF THE E t.ENDYM INSTITUTIVE GUARANTEES A.aE NOT TRA TO ADERf'AL EWSOn➢TTDNS 'TOWN OF SOUTHOLD - SUFFOOLI{ COUNTY -N.Y. I CR SI OTENZES. SCALE 1` = 30' DATE 10-22-2002 COPES OF 1.SRAMEY NOT FEARING THE M,TAMA DTEESURVEYOR'S R tort eca= OR I Mee SFAs.SRAM NOT DEO SD=�To E A'ALD RUE DOW. FILED MAP No. DATE CERT FiED ONLY TO: TAX MAP No. (REF ONLY) 1000-E3-1-5 DISK 500 ZOUMAS CONTRACTING CORP. SUNRISE ABSTRACT CORP_ HAROLD F. TRANCHON JR. P.C. i I LAND SURVEYOR R L` P.C. BOX 616 1866 WADING ROVER-MANOR RD: WADING RIVER, NEW YORK, 11792 N.Y. LIC. No. 048932 631-929-4695 HAROLD F. TRANCHON JR. PENN. LC. No. 22115-E • ', . _0 , LOT AREA= 9,04S sq. ft. € I r,-,-,1'ro"'v en n sr°'"P7'41 7 r r:27 1,7 C7 '2•Itii TET StSV 3°SS :, 4 ta 4..._..,„ F.F. ELEV.= 72.5 GAR. ELEV.= 70.5 1 1:212"N7TILIr ' -2..?,T,-•,. 0,.. -. .- • — I , cesspool I I 41 4 * Cit, E' 3 " , ._,- 7 :1 7 i 1 7 C12. -,1`<.0 ;AL 1 9iffanTd ehurear; qr t gwgELOIM.,. ono,- — NOW oR FoftieRLH. -. 11-y veZisitihte47ER ,.„._„. _ i wen 10g° Sa. / OLD STONE N 56cesspool '54bot (55-13) cs, 00.00° S 0 soj o (70:0 z t fel (mo (70.5) a 0 LI P , (47 1 5 I GAR. PM), driveNcYi t ti. qt fr , I / cl ter , z z ,„,,,,, 1-4 c PR ' ----- C - ?: ..., ft DWELL) G 30' 594' m c tz, m TEsT#.LE 1 N 0 , .... q ' 29.52 Mg f - (70.5) (005) ROAD 100,5) 1v IsOn 4CLSC 1 90-CC' SD SON. EAST R.R. 111,1111111011110101010IMMIMIIM Ig.g.R,R, ILO! HOLE BY McDONALD GECSCIENCE 11-1-2002 • dark brown loom OL ' 111 b . sown silty sand SM 2.5 sole brown fine NOTE: LOCATION OF ADJOINERS WELLS AND smarmy SYSTEMS BY OTHERS to coarse sand AND ARE NOT GUARANTEED. SW 17 THE rats OF WM'OC SOS ogO OR FAME= CF mega Fg,ggg ocrr smog gge igOT Olgtkotgo. 1 THE OFFSETS OR DOMMMOI Se gam gm 1W eassaness 100€ FR.OMIT LIVES ME FOR A ECM PURPOSE MO USE MD IMMERSE ME IVOT 1 JOB No. 02-458 RLE No. 708F cam is cuss ss moss or rams. mac mut sects nose PLANISSO pass.moms it cam CR gegg OMR cantiogogat. SURVEYED A FOR ZOUMAS CONTRACTING CORP. ' bscansceses acsseses cs mess TO 1W SLONE/ IS VOIATOON OF SECICit , 72CO CIF THE OM Ina Er=EIDUCVVECH Mt =RAMSES IlieratED MON owl MN ONLY TO 11•E PERSON FOR ens THE Sae/ES PREPARED. MII.ON HS EISKOY TO THE WOE ern SC4ERMIENTN. SITUATED AT SOUTHOLD ;es=goo Sows manes usac MOM gOO 7,0 OE mates as ME :CM ME013,04- renWIMEEE 16;E fdtfr MalFaMILE 76 eitirnea MMUS TOWN OF SOUTHOLD - SUFFOLK COUNTY N.Y. OCiPRES OF WM WPM SIAR RCT maw OS las StgOOYOR% Nag see.cs SCALE 1 = 30DATE 10-22-2002 Vega=SOL*mu.tour se coma=TO OS A Mug TOE COPY. CERTIFIED ONLY TO: FILED MAP No, DATE TAX MAP Na. (REF ONLY) 1000-63-1-5 DISK 500 ZOUMAS CONTRACTING CORP. SUNRISE ABSTRACT CORP. HAROLD F. TRANCHON JR. P.C. LAND SURVEYOR z, r.---r-- 1866 WADING RIVER-MANOR-AO. WADING-RIVER - ail r 1 4-e--•r.34,...... NEW YORK, 11792. N.Y. LIC. Na. 048992 631-929-469E. , • HAROLD F. TRANCHON JR. PENN. LIC. No. 2115-E 0 0 7 J SURVEY OF PROPER{ . SITUATEg SOUTHOLD TOIANR SOUTHOLD N SUPPOL COUNTY, NY 0'PT If ' W + F Uri,' 1t PI . . S 09V11P1117/M: PM'GRATTAN , . ..- • \ ., \ , , ••,S ,,c‘rA , , r('' 0\ - N 0 . . - \ \ V et • \ , .• ' 66* . ,.... OM \ ...L 11,, 0 "IL .,. -7- ta .:77 7, 71' 44 ' ' i . 7•-• )7% 0 11 Ni . , OeSe4Q I . I . <• 'V 0.4111.' 1?"n4A) \ I\()1‘ \AO(e)c \ ...,..-..' ... PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 SOUTHOLD ZONING BOARD OF APPEALS ZOUMAS CONTRACTING COPR. APPEAL # 5345 WAIVER OF MERGER WAIVER OF MERGER ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIGINAL LOT LINES UPON PUBLIC HEARING AND UPON FINDING THAT: Zoumas Contracting Corp. purchased the subject parcel in 2002 from Wayne Grattan. Wayne Grattan was the grandson of the original owner and developers of the lots, Daniel R. Grattan and Agnes Grattan. Attached is a family tree which identifies all of the relevant family members. (I) THE WAIVER WILL NOT RESULT IN A SIGNIFICANT INCREASE IN THE DENSITY OF THE NEIGHBORHOOD Daniel R. Grattan and Agnes Grattan were the original owners of the properties off of Sunnyside Road. In the early 1960's they developed two minor subdivisions, two lots on the west side of Sunnyside Road (tax map # 63-1-4 & 5) and 4 lots on the east side of Sunnyside Road (tax map #63-1-6,7,8.1 & 8.2), Daniel and Agnes created 6 lots in total which remain today. Enclosed Exhibit A - a hand-drawn map of the common lots created by Daniel R. Grattan. Thereafter, Daniel R. Grattan and Agnes Grattan gave the individual lots, over different times, to their sons, Peter J. Grattan and Daniel P. Grattan. Peter J. Grattan owned tax lot 6 and 7 and conveyed these lots to his wife and children. Daniel P. Grattan owned tax lot 4, 5, 8.2, and 8.1 and conveyed these parcels to his different children. The neighborhood was created by the Grattan Grandfather and grandmother, retained by the Grattan heirs, and transferred among the family members. The objecting family members, at one time or another, have owned a lot in the subdivision and sold it with no expectation that the properties could not be developed. In fact the property cards show that in 1964 1/8 of an acres was split off by Betty Grattan's husband, Peter J. Grattan from Daniel Grattan creating the lot which the home now sits on. Betty Grattan's parcel should have been 100' in width and was not conforming at the time of it's creation and development. Attached relevant property cards as Exhibit B No significant increase in the density of the neighborhood will be created by the subject property. Only this lot and 8.2 remain undeveloped. Attached is a copy of the tax map with a "V" for vacant and"H" for improved as Exhibit C. In 1991 Daniel P. Grattan, prior to giving the property to Wayne Grattan obtained an agreement from the Village of Greenport for an extension of public water, paid for the extension of public water, and then Greenport kept the money without extending the line prior to the sale of the Greenport Water company to the Suffolk County Water Authority. Prior to the sale, Wayne Grattan and his wife, Rose Grattan confimied with the building department that the property was buildable. The Grattans paid taxes on the lot for 30 years, sold the house on tax map 4 in 1987 without any expectation that their lot had been merged. Daniel transferred the lot to his son in 1991, Wayne Grattan had intended to build his house but later moved South. In 2002 Zoumas purchased the property, obtained Health Department approval, and only discovered the merger upon application for a building peuuit. (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS IN THAT NEIGHBORHOOD The subject properties are consistent with the other properties. In early 1960's the lots only had to be 100 feet in width. The subject property conformed to the requirements at the time. (3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP The subject property was purchased in 2002 for$130,000. Zoumas Contracting obtained surveys and Health Depamnent at his own cost and expense. Architectural plans for the proposed house. Additional legal fees to correct this situation (4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES OF THE LOT WILL NOT BE SIGNIFICANTLY CHANGED OR ALTERED IN ANY MANNER, AND THERE WILL NOT BE A SUBSTANTIAL FILLING OF LAND AFFECTING NEARBY ENVIRONMENTAL OR FLOOD AREAS Zoumas has no plans to change the natural contours of the property. The property is adjacent to the Long Island Railroad, the railroad has a nice vegetated buffer which will not be disturbed by Zoumas. The parcel is flat and easily developed with a modest single family residence. Zoumas Contracting Inc. designed a house which would require no variances, Attached proposed house on survey as Exhibit D. Therefore, given the circumstances and facts above, we respectfully request that a waiver of merger be granted. A9rles 4 arftel . ck -) kobed- P- e, cll \t 6. 3-1-e.2 4' v7 k-) bJOanne_ 6r, -Cvn Dor .� ? (trc , �c�l 003-1 . 7 ig5L/ -71 ) Wcud nt. cy attar) Robe.,vt 6Gitc�.tk.an (0- 1-82. (cgie-" a o h3-1-(° — Lcctisho Maldnc ((�� � i CatarC k0eePffiO4 �/cii-Tr i8 �°7 MI-111\41 na et (03 i-4, tloo-- ) F-- A iY\ 1 L`) 1 P,EL • t 3, r )39 r I. I 9 I ® G i -gam 00I4 R.."t W'i ^)c" at41 P. i I \ . rt„- V,-.1 6.-2 __: - / i �"�.ctn -0bYaPa if R t vile \{1.� Ngo;I orle�. -) Ookeir zon 7/1,J/C7 !� -\ \...) 1-1\ I I I DAN R01,c:'6'4 7/4 '— F / ;n 577/7,7- % 1 4 .„ It..:YY { \u \\ Nw1 ��f ; 6.3-/- i 4/1,1/79 $ "�7 v,vol lollr ;W4cr4 r (( ,_v � ID N ,SI) 91 56< '''i \^i • I I /1 - l 4 r � , I . �,J - tit ., �,4 i L - �^-. �.:'i I TOWN OF SOUTHOLD PROPERTY RECORD CARD Arit-k? OWNER STREET '`7 r') sy- VILLAGE DIST. SUB. LOT H etkY kf V 17tel kr 6-1 11111.11111.1e41 r r V_� FORMER OWNER E ACR. /de S ) y W TYPE OF BUILDING ;._ 2 .d.G.- RESJ1 �� SEAS. VL. FARM COMM. B. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ,�... cL <7+ 0.0 .... UY7+s°-F b e000 3 o /0 , ' 7 ? est- I ? O3" ""rr1c CaY`t hrca; "d - Wrh -rier Itis „� (91,0711 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD 7 ( z / o u a Zd Meadowland DEPTH House Plot BULKHEAD Total DOCK 7_ TOWN OF /'7-°-. /6 0 a — b,5 -_- /__ ----) DIST.I SUB. LOT OWNER STREET I .A�J VILLAGE �A % z p DL Intl S f 6`1-9- - Com•( y� ); ,_ . ; ,e 4 cam �._, s ,¢ i • FORMER OWNER AC,R.:, _. N , �j E WO vu _ c2ro a1 W 4 rtGLg i 1 vi cy f Ac .r`-c a , e,.c._, (--0 a,ZOO / S _.> W TYPE OF BUILDING 1)0 l f le I [ ( ,' `o '170y) 1T A ✓1.wcd/p./60./4,-C.A�°.,�'' R .-, ,.. RES. SEAS. VL. 3// FARM COMM: CB. 0 MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS _ � ii � (7n�r . (� G rry�4-�a ra t , CP F e 7/3(`)/// L. iI33{`vI �fE733- �(r4tanrfo � r L p!f i it. 1 o a l kali Nkij, 711,-)102— L 12i-2. 1,- '7'1--_ ' r. -* it? ` a. -7 ._ 1/1 S .", 1 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland l FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total I DOCK i � � i z„ TOWN OF SOUTHOLD PROPERTY RECORD CARD I ) OWNER STREET 2. / i VILLAGE DISTRICT SUB. LOT y ,+� 1 zA ! ` i.l ii2' � i �!'�0�`` .��:baa, w . . it- . � �,,,�� � E. '/ E/ �G`' if--- —_ F RM R OWNER N p E � / A ESE P M/ C.v I a f°.4/ >0,1_ t 1''e l Rik( \A C�t ,� H-1.C4 H Or f#?-- ,. S i t 1 , ` ,,-1 ' W TYPE OF'BUILDING r 2ES. 02/0 SEAS, VL. FA I'M COMM. INb. I CB. MISC. Est. Mkt. Value iv LAND IMP. TOTAL DATE REMARKS ,/ t e... to :.:° `,,"�,rn x„-y ) 00 0r) �y �Q � ryf �q ,ry spa ,./;.,,, ,+//2 Ara �+Pa�4e Gra-f-I-uny / L5510 4.0 0 \ toe V...�° • f+.2 f�'..:. ? Ad 4:> , / fr rki 2:), a r t),v '7',,),, a. %., .., ',i' o" A7 4 � y 0W O ` R " { �^ i irear' c, f � � ( 4 �V`. I (4 �, _ PU ID 4 -� / � ?;- ` r ' ^ 6 ✓ . # G7 ) -:s Lir D O 3 / d o 3 n G o I i D /-t7,7, R1 15'® Y aV'ci. n ✓G; `r1 " ` AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD w D x S. - & f, ,, .26 a Tillable 1 BULKHEAD fillat„z 2 DOCK tillable, 3 Noodland Swampland 3rushland House Plot Total -- /_ �- TOWN OF SOUTHOLD PROPERTY, RECORD CARD .-iy- -,-, 1 — . MEMIS VILLAGE DIST. SUB. LOT OWNER ,/" _ . C 94,3- FORMER t �f d '� , , �. ' E ACR. 0 NERZcramec lG N .* 46 tie- . La C7, 1.14______----____��, weAA �j ¢ TYPE OF BUILDING A ��w o,ft 7H h'tNed a W us - 4/L.4 //o/ ,,s "C, '`g,,,1� "l.w 4,.:s„w._ / VL. FARM COMM. GB. MICS. Mkt. Value — RES. 0210SEAS. TOTAL DATE REMARKS � � 43 r A, it �. l 11 / / CP-SL-45t-rt" - � a . �4" 7 ' SA - J3 !O. 0 e - . eJ w - +. boa o230 02./ora-o ✓afS/ r / � / ) // r,. 7 /3- p.✓Pk'', Act ,<Co; °'a n )v aU'L, °"a `. -0 '�. ...c, -, •- / ✓ J'" J /`4. s,/50-e. ---- .3. 50-el `�bld'S /.1) ,7-.? /.� 12� Oe de C � - - _ _-� _' "ICS ♦I 3I`7 �.�., 1...,9-�'a:>as '3, C3 Lr C4 di .r^ to to 1 " {- "r ' 1.-_ 1210- 4- _l-34` 'F a . C,.) - 2 '- C c.,- t l)crH . ,, icy ., 111.11.111.11111 Ill/ L_ - /:) 0 , 700 - e s , c i, 4- r all11111 -_ , y L f 0g 0/72.7 - IA/D� =�" . ► 't`l 1 F 8 /- 0 ' .9 f f, q6_L1115'" -' 0),I/- a ni - _ 4' 1 zcoo0 J— IIIIIIS FRONTAGE ON WATER Tillable S _ 3 S �— MIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIS FRONTAGE ON ROAD ( 7 C -- Woodland h S, > — Meadowland DEPTH BULKHEAD House Plot Tota{ TOWN OF SOUTHOLD PROPERTY RECORD CARD Ai - \-/141/ ' 16 as -43" / -isca DWNER STREET ."r: ..'D VILLAGE. DIST. I SUB. LOT 1-08cf. P A' IolaSific no cu FiNyss/i,&" F1.. ]. --_-(�,3saa • FORMER OWN R N E ACR. Ogle �n�a 4t9 . 1�(pACI-Td K . w> 14-:- O. l I8 1 _ fber .I re -aq S W TYPE OF BUILDING • R , G Cot`Ct n RE---7-7-77 (.-,::;7,",-9 - ,E70 A,l,to ,; ;7 A/ -Z-a E$. SEAS. VL. 3// FARM COMM. CB, MICS. Mkt. Value L a IMP. TOTAL DATE REMARKS ." .,o t� J~ `/ .a J' sat `i Z- 15197 P afr/ p X 5-5 - 4/0 flail , 6'ea#4h ago N7(, fable FRONTAGE ON WATER oodland FRONTAGE ON ROAD J.S ` 0 ,3. 0 _ z S ®C r-.• DEPTH 7a" Kne plat BULKHEAD tal 0 / c • 9 A i 6 3 s Qm� 5 7.5A(cl 2 1.7 ® 36 2.8A ® ].7A(d m * 4., y FOUNOEi16 VILLAGE cONCOMMM 0 SECTON 1 p F �' . IWNNM AREV 30 /�' � m 1.$ S fFOR U9T5 SEE ,Pfd n 8.64 44 SEC.NO.C.43.01) .0 ®, ti� : #f TOWN OF SOUTHOLD C ' ®A IOEVELOPI£NF 5)61165) % .437 3 ,05.0. 7„v'�M'�� S % li 13.1 o'/ .PPI z ,i vwl Sa /IS$4 1.2T 13.2 MINCERS VILLAGE CONDOLING( .ti bYP... Y t 1.9A SEC44V!2 RnI 3 (CONNON AREA/ S a 5 µ s 12 4 \ # (FOR(MTS SEE SEC.NO.063.02R q 10.IA t °�'- C P 10 R 6.9Afc) L114°: ii A t 24 S4:21% M ai: - "ary.. 8 6 ik- 9�ti �E4- meq /S, a$ g . �a• sC Ise :ar 4S, M ltQZ W 1. rW' f^' ai t.+V'� t!.4: 1 1 - Fd`esc�1 , us Elf. t g. J gg" s i'i, so (j�r lJ F 5P+� �T ^j +DP s 0*~�� �,w s�a9 y 54, 'a `,.9soy �� ✓0 "— y;P d 420 .1'S ` \ .,<Y bJ _ty din}IV\-le-V IAA 1A a ‘;;S>. 4' 1 °W V S 3 e 2' ir 12.1 ‘:0°1m. 2.8Mc) 0 s �'' Si.PATRICKS CHURCH v. 11.1 41 I 0 0 .OA(c • I w>'a,o IAq(cl m 5 10.2 4.SAfc1 a'� 42 d $ m N, 4 lIA St. 25 ,a (9 q .q 8 a a b $ R 1 \\ \ ., �i .4.2°e L\Tv S vy e. s k!s e * y�9 to N�� tiAPK a 90 CTS. La .w GtO 6.1 ® tl h y GpP�. 11 " i ._ r11.2,4c) n It, y0 R s. B FIFST 'IF . 1 (sopa(�Cay UNNAIST a svmv.O SCNOCL 28,A'ti NO.i TA 4 %' `6 T 1) f} B EA S ' Q :,s} 1.84fc1 $"d,2 $1 s FOR PCL.NO. 4. �' °v,2.] `� 0 ti •I g Rom Z_ m s SEE SEC.N0. .�. 1 ® 4 m g,.R 070-02-023.1 ? 5 l' q �0 `9� . .�y�. fi { N 30a 400 ISI _� p' g n 1`I 1b e W 3 m 8 MATCH LME a A . q Q5ti Qu soo LOT AREAS 9/J48 $4• IR- F.F. ELEV.-4 72,5 GAR. ELEV. 70-5 well cesspool 6 1well greater than 950' 45± • DWELLING - PU6L:iC WRIER ^r ^•� cesspool i FP NOW 0R FORMERLY INNTERIJNG t OLD STONE ; N 9654'00° 90.0©° (7D 9j i 1 (66+s) i (68.0) 4 t 35.4° n aim 1 50:1r 2 LA_o d O 1 PRS { 6 a M# p n T ST HOLE tgi GAR " fie PROP Dddit�. o n tl 19.17 —b. o (sae) ROAD 9 4 35-0° Pie as o prop I (G&.9) �a wet a S 66 54`OO 90.00° (67.6) Po LE G EAST g �il y■f�� a�p! �yg q� BY McDTO AL GE0SCIENCE } dark brown loam OL 1' brawn silty sand SM 2:5° pole brown fine to coarse sand ,. moi` and NOTE: AND AQJOINERS n-AFer SYSTDAS BY OT}IERS AND ARE NOT GUARANTEED 1i 1f er water. OF avv N� 3-21-2003 EASED auN err, FILE N®. 798F t v171JOB No. 02-- 58 CONTRACTING' CORP- +e.ms ua r5t e 7 apiiikt. (Ds. VCRE sURVP ED FOR ZOUMAS enaEortoran Ism umn AgligigIV 09 S3i TF: 56TUATED AT SOUTNOLD uitYa o,, STATE RUR OS zo SUFFQLI4. COUNTY N.Y. TiON 104 t ow xv m a TplM. OF SQU30 DATE 10-22-2002 FJ r pwn `,A+c war m SCALE 1 m = 30 DATE a 0 F1LEQ q�P F4o. DISI4 5Da .� _ F ONLY) "5 TAX MAP hl0.(NE 1000-43-1- CERTIFIED ONLY 70. HAF�OLR F. TRANCHON JR• P.C.CARP LAND SURVEYOR CT' CORP. P.O. 60X 616 SUNRISE ABSTRACT X019 � _�-AD1�lGRI�IER, X66 WAD NG R W YORK, 39792 n i-929-4695 AY- LIC. No- 04$992 HAROLD F. TRA.IIOHOM JR. PEE L .`C. No. 2115--E / • APPLICATION FOR WAIVER UNDER SECTION 100-28 / r{' This review is for lots which have separate deeds recorded prior to 1983 and undersized . A merger determination has been issued by the Town Building Inspector (copy attached) The zoning of my parcel is presently : R 111C The size requirement for this zone is : 9-A3COCO square feet per parcel`. County Tax Map Parcel Nos : 1000 65 - J - I (we ) , , as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1 . Copies of my recent tax bill for both (all ) lots . 2 . Copies of deeds dated prior to June 30 , 1983 for all lots . 3 . Copies of current deeds of the parcels under review . 4 . Copy of the current County Tax Map for my neighborhood . 5 . $ 150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver action is issued by the Town of Southold , that I reserve the right to file for a subdivision and , if necessary, area variances under the usual procedure . By making this application, I hold the Town of Southold free and harmless from any and all claiand liabilesulting from the issuanceo of a waiver . ( Apl cant a a n. • ( Applicant and Owner ) Sworn to before me this day o - Ill /L gyp- DENNIS"'nate �A h NOTARY PUBLIC.Sate of W ewYerlt Notary Pc ied3 Suffolk c Qualified in S eisOFeb.26,4�Q 6, Oommissioa Expires A Waiver is hereby approved denied (delete appropriate action ) based upon the above documentation . Issued by. Reasons for application ( to continue on next page). zbata.w1295 r . / APPLICANT ' S REASON #1 : (D6'1 ; Cx c( U ( n 6-- A G ,n_D ©1 .4647-/-7 . .iop ni v92_ LUG e>wcceOCO « cLos6- NO -771 ic6 %/ r‘-( QN //S v2o ?C f y9. CA) C cu&s (QG1uurL j ppLit f✓ - A w1GE)mil G£' yv\ p kA /1 lJ C vii I_ C ru (JD `T `! I c1,443 oN E 3, Y-17.5, 6 uj & / / //4•s i„o .& cc 0 i., 77/ To TH, (L-7-74, we � , 4-;r1/Y.6-- -114 r1/Y6Tei E c4 Jr 746- C4 ^ss Grvc 1, p waiveA 6 ti T 1 `> - tid VC +*, W A S &;IE: ✓ •�i '7G 46 A gcv7 %//F )mak cep t 1 � m CA-C1/4- •s.c>- Ln=T -4e &O Lib %�(f r y�� APPLICANT ' S REASON #2 : '71,1 i s rd C o.7 d ,N.% A cicE f ' ' rvrA p inti i � ( � ' / / [ � 2 { f ( S �� �� .L ( KK�; 14 4 K h� SCi% 1� ilJls (QN � tnND '3 . Outi £ ( P (- LG c nirfu 2i� (7 y Dy 1 1 € -7-74—E-- -774C A_s, 0-1 Q TN ( S o v T!4 C 10 0 d= Pr"-pct 4/L-71 ) S v I� C g' i s 7-11-6 ERA , L 12c (1-0 k$ ( PLEASE USE ADDITIONAL SHEETS if needed , ) • QNSMISSION VERIFICATION REPORT TIME : 07/15/2003 13: 47 DATE,TIME 07115 13:46 FAX NO. /NAME 7654643 DURATION 00:00:57 PAGE(S) 02 RESULT OK MODE STANDARD ECM As-At-2 -lC OFFICE OF -OAR® OF APPEALS Southold Town Hall 53095 Main Road Southold,NY 11971 765-1809 tel t 765-9064 ZBA fax. **** ****ie****A A.**A kA AA A Akt******ht3+ry# '**********.F********* i*A•&w.A F AAkAA A A A AA**** A A A got 9—�j O 7/ c i-e—ec- 7 /J 76s- 6 93a-•1"1"" REPLY FORM Gated: 7-15--43 ^ hili--. TO: nG e9vLLia_C-L/.1[ cA eta Gdia,e 7/I so 7 s ( -Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail'. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. if you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this particular project map. ( ) Check payable to the Town of Southold totaling $ () Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer°s name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name, ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. i () Copies of all current deeds� and tax bills of the parcels back to . \ \t L e ( Other. '( - )L4- u'1 f1 k 14 kf/tl var J c / 6t/ y '2 J, (K) %v-aytra--5,9 t G,-eo e ' < --, -p'u. NYSRPS ASSESSMENT INQUIRY 473889 SOUTHOLD SCHOOL SOUTHOLD SCHOOL ROLL PRCLS 210 1 FAMILY RES TOTA 61-1-3.2 TOTA 500 SUNNYSIDE RD ACCT =OWNER&MAILING INFO _= ASSESSMENT BASCHNONGA MARTINS IRS-SS 1 **CURRENT** RES 134 AUDLEY STREET I I (LAND 800 KEW GARDENS NY 11418 ' BANK 1TOTAL 6,800 COUNT TA01678 **PRIOR** TOWN 1 1LAND 800 SCHOO (TOTAL 6,500 =DIMENSIONS =_1= = SALES INFORMATION— — -- _ ACRES .49 1BOOK 11922 SALE DATE 09/25/98 SALE PRICE (PAGE 131 PR OWNER SPRINGER COLLEEN G =TOTAL EXEMPTIONS 0= _— _1_=TOTAL SPECIAL D CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT Printed from Tax Assessment Records 7-15-03 SUNRISE ABSTRACT LLC. P.O. BOX 199 SHOREHAM, NEW YORK 11786 VARIANCE SEARCH TITLE NO. 622-S-1807-SS STATE OF NEW YORK) SS : COUNTY OF SUFFOLK) PAUL DERWITSCH, being duly sworn, deposes and says : That he resides at 10 Long Bow, Wading River, New York 11792 and is over the age of 21 years and that he is President of SUNRISE ABSTRACT CORP. That under his direction, title was examined to the parcels of land described on the annexed Schedule and labelled Parcels A, B & C That said examination, dated November 27, 2002 discloses a chain of Title to determine if any contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Ordinance as of 1956 and that this affidavit is made to assist the Board of Zoning Appeals of the Town of Southold to reach any determination which requires as a basis therefore the infoiuration set forth herein and knowing full well that said Board will rely upon the truth thereof . The liability hereunder iS limited to S25, 000 . 00 for any reason. SUN SE AB TRACT LLC. Sworn to b fore me this J01bday of �ti 200^� BY /04,7 / /464 ll ,�� �� J Paul Derwitsch, �X President WkRPARA GEM n-. N'1ARI PUBLIC.Stare of New Ycie No.48301E3,Sulf&k Ccun v Term Expires l4arch 30 Pt..L QOM DESCRIPTIONS PARCEL "A" (SUBJECT PREMISES) 1000-063 .00-01.00-005 .000 All that parcel of land being at Southold, Town of Southold, County of Suffolk and State of New York, being at the northwesterly corner of Sunnyside Road & LIRR_ 101 x 90 PARCEL "B" (ADJOINING WEST) 1000-063 .00-05 .00-021.000 North side of LIRR. 150 x 281 PARCEL "C" (ADJOINING North) 1000-063 .00-01.00-004.000 West side of Sunnyside Rd. 111 x 90 PARCEL "I)" (ADJOINING EAST) Sunnyside Road PARCEL "E" (ADJOINING SOUTH) LIRR. STATE OF NEW YORK COUNTY OF SUFFOLK PAUL DERWITSCH, being duly sworn, deposes and says : That he resides at 10 Long Bow, Wading River, N.Y. and is over the age of 21 years and that he is President of SUNRISE ABSTRACT LLC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search made under the above captioned title number. SSE £4. TRACT LLC. Tr PAUL DERWITSCH, PRESIDENT Sworn to before me this j6tb day of SZca, a.,\ 200 =`tdat - 1 ' SERR,R, CERVal C'ii A 1?Laic: Sine of Nne Ycr.. Na. &Q!S3 Sufc;f:Csac::iv Tern In,:mrrr Cram ?f.' t 2003 CHAIN OF TITLE FOR PARCEL e'A" John & Nellie Kenney Dated: 2/2/21 to Rec. 2/3/21 Daniel Grattan Liber: 1017 cp 199 Daniel & Agnes Grattan Dated: 5/22/61 to Rec. 6/5/62 Daniel P. Grattan Liber: 5107 cp 133 Daniel P. Grattan Dated: 7/30/91 to Rec. 9/16/91 Wayne S . Grattan Liber: 11334 cp 409 Wayne S . Grattan Dated: 11/4/2002 to Rec. to be recorded Zoumas Contracting Corporation Liber: LAST OWNER OF RECORD SUN/SE AT=TRACT LLC. Sworn to before me this PAUL DERWITSCH, PRESIDENT le �" day of Ltu, t 200t BUZBARA DElin 4 it Sidi fv' ) Y37E. 1 'S,1) F.?, S:f r:."'. CHAIN OF TITLE FOR PARCEL °°B' Charles Rutfkoski Dated: 1/3/56 to Rec. 1/5/56 John & Julia Charnews Liber: 4049 cp 446 John Charnews Dated: 8/4/67 to Rec. 8/9/67 Judy Steve Corporation Liber: 6200 cp 15 Judy Steve Corporation Dated: 8/4/67 to Rec. 8/9/67 Tucker Lane Associates Liber: 6200 cp 31 Tucker Lane Associates Dated: 5/9/73 to Rec. 5/9/73 Linda Gorowitz & Judith Barnett Liber: 7397 cp 115 No proof of death of Judith Barnett in Suffolk Linda Gorowitz Dated: 6/6/80 to Rec. 6/12/80 Louis Hodor Liber: 8836 cp 491 Louis Hodor Dated: 10/28/81 to Rec . 10/28/81 125-127 Main St . Corp. Liber: 9090 cp 76 Employees Pension 125-127 Main St . Corp. Dated: 3/21/84 Employees Pension Rec. 3/30/84 to Liber: 9537 cp 128 Joseph & Glenda Radich LAST OWNNER OF RECORD 548 rs RACT LLC Sworn to before me this /Oil° day of davx9+4&1 -2002 o'„ ��� �!✓ Paul Derwitsch !\ Pk P.ULr' €S >4 'ELIC. Statc P�� �20op CHAIN OF TITLE FOR PARCEL °°C" Daniel R. Grattan Dated: 12/9/50 to Rec. 12/11/50 Daniel P. Grattan Liber: 3161 cp 592 Daniel P. Grattan Dated: 7/13/87 to Rec. 7/29/87 Harry & Jeanette Winterling Liber: 10377 cp 108 LAST OWNER OF RECORD STATE OF NEW YORK COUNTY OF SUFFOLK PAUL DERWITSCH, being duly sworn deposes and says : That he resides at 10 Long Bow, Wading River, N.Y. and is over the age of 21 years and that he is President of SUNRISE ABSTRACT LLC. That the above are true chains of title as shown on the record in the variance search made under the above captioned title number. 7NSUSE ".STRACT LLC. 1 tk PAUL DERWITSCH, PRESIDENT Sworn to before me this 1t/ day of 200Z. dj lam_' Gam/, -t5jjC Stece 3 Sufi `em Exrit es March 30,it2uc 3 111111111111111111111111111111 11111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/26/2002 Number of Pages: 4 At: 12 :44 :13 PM TRANSFER TAX ER: 02-20550 LIBER: D00012226 PAGE: 979 District: Section: Block: Lot: 1000 063 . 00 01. 00 005 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $130, 000 . 00 Received the Following Fees For Above instrument Exempt Exempt Page/Filing $12 .00 NO Handling $5 .00 NO COE $5 .00 NO NYS SURCHG $15. 00 NO EA-CTY $5 . 00 NO EA-STATE $25 .00 NO TP-584 $5 . 00 NO Cert,Copies $0 . 00 NO RPT $30 .00 NO SCTM $0 .00 NO Transfer tax $520 . 00 NO Comm.Pres $1, 100 . 00 NO Fees Paid $1,722 .00 TRANSFER TAX NUMBER: 02-20550 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County int Number of pages ' RECORrDro TORRENS 21322 Ler 96 12:44: i.' ;DM Edward P,k'om_ine Serial # CLERK OF SUFFOLK COUNTY Certificate# L 000012226 P 979 Prior Ctf. # D7# 02_205 Deed . Mortgage Instrument Deed/ Mortgage Tax Stamp I Recording /Filing Stamps 3 FEES , Page / Filing Fee / Mortgage Amt. I. Basic Tax Handling 5. 00 12.Additional Tax TP-584 ' Sub Total Spec. /Assit. Notation I or EA-5217 (County) Sub Total Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County arm r ,� 30 [ ® : Held for Appointment R.P.T.S.A. J A ITransfer Tax sac) Comm. of Ed. 5. 00 , - W ; Mansion Tax p °�—'�0?°WU b rv7 Affidavit The property covered by this motgage is or will be improved by a one or two Certified Copy 1 family dwelling only. YES or NO Reg. Copy Sub Total i If ` 0, see appropriate tax clause on OtherGrand Total l Oa page 1 of this instrument. 1000 063.00 01.00 005.000 4 District Section , Block Lot 5 Commnni-- Preservation Fund RealConsideration Amount) $ 1-1-5 c, Property0 o! -- 0205(1F331 1000 06300 0100 005000 CPFTaxDue $ 1 I OC - Tax Service P T -e Agency R 0110 A Improved Verification24-OEC-091 �� Vacant Land ✓ 6 I Satisfaction/Discharges/Release List Property Owners Mailing Address 1 J RECORD & RETURN TO: TD STEPHEN REMOZZI, ESQ. TD P. 0. BOX 465 ROCKY POINT, NY 11778 I TD 7 Title Company Information Co. Name SUNRISE ABSTRACT LLC Title# 622-3-1807 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) WAYNE S. GRATTAN The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD + v.�z rWrtt. 1 �.;: : �� ; �; :.+ i4r.; In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (nuerl wARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS iti UAL OR CORPO •TION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING.e THIS INDENTURE,made the November l , 2002 between WAYNE S. GRATTAN,residing at 1107 Shuford Ave. Colonial Heights,VA 23834 party of the first part, and ZOUNIAS CONTRACTING CORPORATION 263 Route 25A Wading River,NY 11792 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York. SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF The grantor herein is the same person and the grantee in Deed dated 7/30/91 and recorded 9/16/91 in Liber 11334 cp 409. 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 cif 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 writte WAYNE GRAT"IAN 9 / NYSBA Residential Real Estate Forms on HotDocs®(9/00) Copyright Capsoft®Development �'a STATE OF VIRGINIA ) )ss.: CITY OF COLONIAL HEIGHTS ) On the ' 1 day of November,2002, before me,the undersigned, personally appeared WAYNE S. GRATTAN,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he executed the same in his capacity(ies), and that by his signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ily 6 ...../i " OT•F'Y "UBLIC • \ .7_3./1/4, *elm° ��i' ld( DEAD Title No. Section 063.00 Block 01.00 Lot 005.000 GRATTAN County or Town SUFFOLK To ZOUMAS Return By Mail To: STEPHEN REMUZZI, ESQ. P. O. BOX 465 ROCKY POINT,NY 11778 Reserve This Space For Use Of Recording Office . NYSBA Residential Real Estate Forms on HotDocs (9/00) Copyright Capsoft®Gaggle Development -2- ABSTRACT FAX NO. ": FHci 21 2002 12:01PM P2 SUNRISE .ABSTRACT LLC. AMENDED DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows : BEGINNING at a point on the northerly side of land now or formerly of the Long Island Railroad Company, where same is intersected by the extreme southwesterly corner of Sunnyside Road; RUNNING THENCE South 66 degrees 54' 00" West, along the northerly side of said land of LIRR, 90.00 feet to the easterly line of lot #11 on "Map of Greenfields at Southold" filed 11/10/75 as map #6313 . THENCE North 28 degrees 35 ' 30" West, along said lot, 101.00 feet to land now or formerly of Daniel P. Grattan; THENCE North 66 degrees 54 ' 00" East, along said land, 90 .00 feet to the westerly side of Sunnyside Road; THENCE South 28 degrees 35 ' 30" East, along the westerly side of Sunnyside Road, 101.00 feet to the point or place of BEGINNING. p J/uwtn ) cafes.. P.S. OX 361 (631) 929-4570 .W IING RIVER,N.Y. 11792. FAX(631) 929-5071 RECEryrypp �q ED tu iUJa 4/04/03 Sot':';oM Toy Clerk TO: Town of Southold card of Appeals 'own Hall ECELtr Southold,New York 11971 APP n 4 2003 ifab30 <34, tAPFEALs ear�3r9 ®�+8G S® Attached please find our application for a waiver of merger determination with regar. ,a to our lot at 155 Sunnyside Rd., Southold, NY 11971, supplemental documents are include to Thank you for your attention in this matter. Sincerely yours, Jon Thomas Zoumas Contracting Con pn, • ELIZABETH A. NE4ICLY E �l e°,. ® Town Hall, 53095 Main Road TOWN CLE rrr N :" P.O. Box 1179 ® 1 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • °� MARRIAGE OFFICER � �.. � 11 Fax (631) 765-6145 � RECORDS MANAGEMENT OFFICER ?�� % ��@11 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER i ,3`4 A�M�II. southoldtown.northfork.net 04 OFFICE OF THE TOWN CLE p t S TOWN OF SOUTHOLD APR = 7 2003 R " TO: Southold Town Zoning Board of Appeals o ZONDIG BOARD OF APPEALS FROM: Elizabeth A. Neville, Southold Town Clerk DATED: April 4, 2003 RE: Zoning Appeal No. 5345 Transmitted herewith is Zoning Appeal No. 5345 of Zoumas Contracting Corp for a waiver of merger detemiuination. Also included is: ZBA Questionnaire; Lot Waiver Questionniare; Applicant Transactional Disclosure Foini; Notice of Disapproval dated April 3, 2003 with Building Penult application attached; Variance Search by Sunrise Abstract LLC; copy of deed; and surveys. I Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/04/03 Receipt#: 2562 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 2562 Total Paid: $150.00 mare: Zoumas, Contracting Corp PO Box 361 Wading Raver, NY 11792 'lark ID: LINDAC Internal ID:72845 APPEALS BOARD MEMBERS 0p �®S�FFO(�CO 10. � �® µ y����� ®� � Southold Town Hall Ruth D. Oliva, Chairwoman ° . 3 t a ; 53095 Main Road Gerard A.Goehringer ,5 ' ; P.O. Box 1179 Lydia ( � 1 ' W I Southold,NY 11971-0959 Vincent Orlando Viet 4.t. �� TeL (631) 765-1509 James Dinizio,Jr. -iet *to, Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD February 3, 2004 To: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Harvey Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901-2794 Re: Appl. No. 5345 —Zoumas Application (Withdrawn) Dear Ms. Moore and Mr. Arnoff: Enclosed please find a copy of the determination rendered by the Zoning Board of Appeals at its Regular Meeting of January 22, 2004 for your records. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision also furnished 2/3/04 to: Building Department i e Z i S � - : ` HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O. Box 329,Riverhead,NY 11901-2794 (631)727-3904 Haney A. Arnoff Fax No.: (631)727-3940* Margot L. Ludlam - *Not for service of legal papers Paralegal Of Counsel Colleen Grattan-Arnoff, R.N. January 8, 2004 George F. Biondo John A. MacLachlan t✓i facsimile(765-9064) & Regular Mail Members of the Zoning Board of Appeals Town of Southold 53095 Main Road P.O. lox 1179 Southold, New York 11971 Att: Ruth Oliva, Chairperson RE: Zoumas Contracting waiver of merger 155 Sunnyside Road, Southold, NY Tax Map #:1000-63-1-5 (Winterling v, Zoumas - Index 03-20237) Dear Ms. Oliva and Members of the Board: To say that I was somewhat surprised by not only the tone, but also the content of the letter of Patricia Moore, Esq. to the Board would be an understatement. At the outset, I would like the Board to be aware that I recognize the fact that we can do nothing to prevent any applicant from withdrawing an application before this Board. To that end,we obviously would take no position in regard to the application by Zoumas Contacting to withdrawn its application. We do not consent or object to this application but do object to any language appearing in any resolution by your Board indicating that my clients consent thereto. Furthermore, I would like to this opportunity to thank Ms. Moore for her attempts at educating me on how I might best represent my clients, but as this Board is well aware. I have, in the past, appeared many times in front of it and do not need her assistance. Having said that, however, I am concerned over her allegation that I somehow indicated that the "Grattan family will not oppose the waiver of merger application upon it's re- submission." If, in fact, that was Ms. Moore's understanding of what I said, she is sadly mistaken. Both the Winterlings and the Grattans would like the Board to be aware that they do, in fact, object to any waiver of merger in regard to the premises which are the subject of the Zoumas application and will continue in this position in the event Zoumas reapplies to this Board for such a waiver. LAW OFFICES OF I IVEY A. ARNOFF Members of the Zoning Board January 8, 2004 Page -2- I would like to take the opportunity to thank the Board for its consideration and trust that it will, as it has done in the past, take appropriate steps in regard to the matter before it. Thank you for your attention. Very kindest - rrd •''arvey ; off IIAA:dr cc: Patricia Finnigan, Esq., Southold Town Attorney Patricia C. Moore, Esq. II yyy) �� PATRICIA C. MOORE ��, S 1 ``j Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 8 , 2004 Southold Town Zoning Board of Appeals Ruth Oiiva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Zoumas Waiver of merger formerly Grattan Dear Chairman and Board members : At the last hearing the adjacent owner, by their attorney requested that the Board "deny the application without prejudice" . This is not an acceptable solution as it would constitute a decision which would compel us to file an Article 78 proceeding to preserve our legal rights . It is my client' s position that he is the record owner of the property and has established that a waiver of merger is an appropriate remedy and should be granted. The adjacent property owner merely asserts a "claim" . If the claimant (Winterling) wishes to prevent the ZBA from acting on this application the appropriate legal remedy is to seek a restraining order if and only if he can establish a meritorious claim. By asking the ZBA to deny the application, without prejudice, the claimant has requested that the Zoning Board acknowledge this claim and give it greater weight than he has proven in a court action. Nevertheless, we appreciate the Board' s reluctance to decide the application which would most certainly result in litigation. Therefore, in the interest of justice and to avoid further litigation, my client will withdraw the application without prejudice pending determination of the title claim. Once the title issues are resolved we will anticipate that the Board will act on his application in good faith and without delay . Moreover , according to Mr . Arnoff ' s representations at the hearing, the Grattan family will not oppose the waiver of merger application upon it' s re-submission. I have drafted a resolution for your consideration. We wish to have a resolution in the record which avoids any misunderstanding as to the basis of our withdrawing this application and that we do not waive our rights to have this application heard. Very ftly yours, Patricia C. Moore PCM/mr cc : Zoumas Contracting Patricia Finnigan, Town Attorney Harvey Arnoff Esq. Whereas an application for Waiver of Merger in accordance with Southold Town Code 100-26 was filed by Zoumas Contracting Corp. regarding SCTM#1000-63- 1-5 on or about April 2003; Whereas after the public hearing a title claim based on adverse possession was filed by the adjacent owner Harry Winterling and Jeanette Winterling; Whereas the record was reopened and a summons and complaint was submitted for the record, index #03-20237; Whereas the Zoning Board does not make a deteiinination on the merits of the title claim and the parties agree that the waiver of merger will be best considered after the claim is resolved; Whereas Zoumas Contracting Corporation, the record owner of the subject property has agreed to withdraw their request for a waiver of merger pending the determination of the claim; Whereas the parties appearing at the hearing, by their attorney, consent to the application by Zoumas Contracting Corp for a waiver of merger be withdrawn, without prejudice, pending the deteiinination of the claim; Now therefore, Appeal #5345 is hereby withdrawn without prejudice. 643 N.Y.S.2d 939 ��� ' •f� )) Pae 3 1.+ (Cite as;88 N.Y.2d 154, 666 N.E.2d 532, 643 N.Y.S.2d 939) t�1 i 5I Y49 .I c2i+" g flyt Court of Appeals of New York. improve the premises and to eject trespassers during their absences for the ten-year statutory period while all Robert L.RAY et al.,Appellants, neighboring structures collapsed due to vandalism or v. abandonment, satisfied "continuous actual possession" BEACON HUDSON MOUNTAIN CORPORATION element of adverse possession claim. et al.,Respondents,et al.,Defendant. [3] Adverse Possession °C 13 April30, 1996. 20k13 Claimants brought action seeking determination that To acquire title to real property by adverse possession, they had obtained title to cottage by adverse common law requires possessor to establish that possession. The Supreme Court, Dutchess County, character of possession is hostile and under claim of Hillery,7.,declared that claimants owned the property. right, actual, open and notorious, exclusive and Record owner appealed. The Supreme Court, continuous for statutory period of ten years. Appellate Division, 210 A.D.2d 388, 620 N.Y.S2d McKinney's RPAPL§501. 128, reversed. Claimants appealed. The Court of Appeals, Titone, J., held that claimants' occupancy of [4] Adverse Possession 0114(1) summer cottage in now defunct resort town for one 20k114(1) month during summer, coupled with regular efforts taken to secure and improve premises and to eject Since acquisition of title to land by adverse possession trespassers during their absences for ten-year statutory is not favored under the law, elements of adverse period while all neighboring structures collapsed due to possession claim must be proven by clear and vandalism or abandonment, satisfied element of convincing evidence. continuous actual possession. [5]Adverse Possession 0=46.1 Appellate division order reversed; Supreme Court's 20k46.1 judgment reinstated. Element of continuity of possession will be defeated West Headnotes where adverse possessor interrupts the period of possession by abandoning premises, where intruder's [11 Adverse Possession x'44 presence renders possession nonexclusive, or where 20k44 record owner acts to eject adverse possessor. In determining whether common-law requirement of [61 Adverse Possession C=44 "continuity of possession" has been met in an adverse 20k44 possession claim to an estate in land, court should consider not only adverse possessor's physical presence Hostile claimant's actual possession of property need on the land but also the claimant's other acts of not be constant to satisfy continuity of element of dominion and control over the premises that would adverse possession claim. appropriately be undertaken by owners of properties of similar character,condition and location. [7] Adverse Possession C�-- 44 20k44 [2]Adverse Possession C=24 20k24 Requirement of continuous possession is satisfied when adverse claimant's acts of possessing the [2] Adverse Possession C=M4 property, including periods during which the claimant 20k44 exercises dominion and control over the premises or is physically present on Land, are consistent with acts of Claimants' occupancy of summer cottage in now- possession that ordinary owners of like properties defunct resort town for one month during the summer, would undertake. coupled with their regular efforts taken to secure and Copr.©West 2003 No Claim to Orig.U.S.Govt.Works 643 N.Y.S.2d 939 Page 4 (Cite as: :•:.N.Y.2d 154, 666 N.E2d 532, 643 N.Y.S.2d 939) [8]Adverse Possession€16(1) Thus, we conclude that plaintiffs' occupancy of the 20k16(1) summer cottage in a now-defunct resort town for one month during the summer, coupled with their regular [8]Adverse Possession C=16(3) efforts taken to secure and improve the premises and to 20k16(3) eject trespassers during their absences for the 10-year J`. statutory period while all neighboring structures Character of disputed property is crucial in determining collapsed due to vandalism or abandonment, satisfied what degree of control and what character of the element of continuous actual possession. possession is required to establish adverse possession; Accordingly, we reverse the Appellate Division order thus, wild and undeveloped land that is not readily and reinstate Supreme Court's judgment awarding susceptible to habitation, cultivation or improvement plaintiffs all right,title and interest in the disputed land. does not require same quality of possession as residential or amble land,since usual acts of ownership The property that is the subject of this adverse are impossible or unreasonable. possession claim is a.357-acre parcel improved with a cottage on top of Mt. Beacon in the Town of FishkkilI. [9]Adverse Possession G=t'24 This improved parcel sits amidst a 156-acre site that 20204 was once a thriving resort community comprised of21 seasonal residences, a casino, a hotel and a power [9] Adverse Possession @=:144 plant All of the cottage's neighboring structures *157 20k44 have since been destroyed by vandalism,fire or general neglect. Prior to 1960, ail of the cottage owners While amount of seasonal use may be dispositive of occupied their parcels as lessees. claim of continuity in prescriptive easement case,other conduct demonstrating actual possession of estatesna Rose Ray came into possession of the subject land is relevant in determining whether title has been p,endses pursuant to the terms of a December 1, 1906 acquired by adverse possession. lease that was assigned to her as lessee on January 31, 1931. Under the terms of that agreement, Ray [10] Adverse Possession€ 88 purchased the cottage located on the property and paid 20k88 rent for use of the underlying realty. The lease agreement provided that upon termination of the Payment of taxes is no evidence of possession, either tenancy, any structures erected on the property would actual or constructive. pass to the lessor, and the lessor would pay the lessee ***940 *155 **533 Robert W. Ray, Brooklyn, the reasonable value of the improvements. The lease Russell W. Ray and Sale, Groothuis & Hirsch, also required the lessee to pay all taxes assessed upon Hempstead,for appellants. the property. In December ***941 **534 1952, the lease was extended for 25 years, unless sooner Frankel&Abrams,New York City(Stuart E.Abrams terminated by the Iessor. and Al J. Daniel, Jr., of counsel),for Beacon Hudson Mountain Corporation,respondent. The lessor terminated the leases of all occupants of the community in 1960 pursuant to the option clause in the *156 OPINION OF THE COURT lease. The incline service and all utilities were terminated and all cottage owners, including Ray,were TITONE,Judge. directed to remove their personal effects. In accordance with this directive, Ray removed her [1][2] In determining whether the common-law belongings from the cottage and departed from the requirement of "continuity of possession" has been premises along with all remaining residents. She died met in an adverse possession claim to an estate in land, in October 1962, never having been paid the a court should consider not only the adverse possessor's reasonable value of the cottage. physical presence on the land but also the claimant's other acts of dominion and control over the premises In June 1963, the entire 156-acre site was purchased that would appropriately be undertaken by owners of by Mt.Beacon Incline Lands,Inc. The contract of sale properties of similar character, condition and location. provided that all land and structures thereon were to be Copr.©West 2003 No Claim to Orig.U.S.Govt.Works /' 643 N.Y.S.2d 939 '' age5 (Cite as:88 N.Y.2d 154,*157,666 N.E.2d 532,**534, 643 N.Y.S2d 939,***941) conveyed to the purchaser. Approximately one week of wind and weather and the attacks of vandals Ind after the sale in June 1963, plaintiffs--Colonel Robertmg up poi ers a;. . .., : " The court L. Ray and Margaret A.Ray,the son and daughter-in- express f ound that the parcel is bounded on all sides l� law of Rose Ray—reentered the premises formerly and set apart from neighboring property by permanent (J � ) inhabited by Rose Ray. Thereafter,plaintiffs occupied stone paths,a terraced rock garden and other prominent the property for about one month per year during each natural objects. The court also concluded that ' summer between 1963 and 1988, which was most of plaintiffs had put defendant on notice of the boundaries Colonel Ray's leave time from the United States Army. and limits of their claim by the "constant and //' Plaintiffs continually paid taxes and maintained fire conspicuous use" which "made unnecessary its insurance on the parcel,installed telephone and electric inclosure in fences,walls or hedges." service, and claimed the site as their voting residence during the period of adverse possession. Plaintiffs The Appellate Division reversed, and declared that also took steps to prevent vandalism on the property by plaintiffs have no right,title or interest in the disputed posting "no trespassing" signs and placing bars, property. The Court noted that the element of shutters and padlocks on the doors and windows. On continuous possession necessary to establish title by several occasions, plaintiffs apprehended vandals on adverse possession could be satisfied by seasonal use the property and had them prosecuted. of property, but concluded that plaintiffs' use for one month out of the four-month summer season was not *158 Defendant Beacon Hudson Mountain sufficiently regular to give the owner notice of the Corporation [FNl] acquired the 156-acre parcel in adverse claim. We granted plaintiffs'motion for leave 1978 after the entire parcelwas taken from defendant's to appeal,and now reverse. predecessor by Dutchess County for nonpayment of taxes. Plaintiffs continued to possess the disputed [3][4] *159 To acquire title to real property by parcel after defendant Beacon Hudson acquired the adverse possession, common law requires ***942 1 property. **535 the possessor to establish that the character of the possession is "hostile and under a claim of right, FNI. On July 5, 1995, defendant Beacon actual,open and notorious,exclusive and continuous" Hudson executed a deed purporting to transfer Brand v. Prince, 35 N.Y.2d 634, 636, 364 N.Y.S.2d its interests in the 156 acre parcel, including 826, 324 N.E.2d 314) for the statutory period of 10 the .357 acre in question, to Scenic Hudson years (see, RPAPL 501). [FN2] 'Reduced to its Land Trust,Inc. On plaintiffs'motion filed in this Court, Scenic Hudson was joined as a essentials, this means nothing more than that there party defendant and adopts the arguments of must be possession in fact of a type that would give the defendant Beacon Hudson owner a cause of action in ejectment against the occupier throughout the prescriptive period" (Brand v. Plaintiffs commenced this adverse possession action Prince, 35 N.Y.2d, at 636, 364 N.Y.S.2d 826, 324 against defendant in 1988, alleging that from 1963 N.E.2d 314,supra ). Since the acquisition of title to through 1988 they occupied the property in question by land by adverse possession is not favored under the law adverse possession under a claim of title not written ( (Belotti v. Bickhardt, 228 N.Y. 296, 308, 127 N.E. see, RPAPL 521, 522), and that they were its lawful 239), these elements must be proven by clear and owners. Defendant counterclaimed, seeking to eject convincing evidence (Van Valkenburgh v. Lutz, 304 plaintiffs from the land. Following a bench trial,and a N.Y.95,98, 106 N.E.2d 28). personal visit by the court to the property, Supreme Court dismissed the counterclaim and held that FN2. Real Property Actions and Proceedings plaintiffs were rightful owners of the property and Law article 5 establishes statutory entitled to an easement by prescription and right of way requirements of anadverse possession claim , for ingress and egress. The court concluded that that must be proven by clear and convincing plaintiffs'o „ •ano of the%.r•.- was too a t;t.,:exit evidence as well(Brand v. Prince. 35 N.Y.2d, •a overlooke+ havin• been 'contgp open, at 636, 364 reNplaintiffs' 826, 324 N.E.2d 314, to e been supra). Here,plaintiffs'claim of right to the throe t more than twenty- the ears . r:.,'...g real premises is not derived from a written estate .es, r:.t,r aunt%_y;- ',winner repelling and instrument that describes the bounds of the arrer ' - tres.assers c ,'.,t._i• t I e . _I-ir voting property possessed, but rather is based on residence, maintaining the structure against the effects ancestral owrership of the cottage. Thus, Copr.©West 2003 No Claim to Orig.U.S.Govt.Works ' 643 N.Y.S.2d 939 Page 6 (Cite as:88 N.Y.2d 154,*159,666 N.E.2d 532,**535, 643 N.Y.S.2d 939,***942) RPAPL 521 and 522, which together define claim where no written instrument describes the what constitutes adverse possession of boundaries of the disputed property(see, RPAPL 521, property osier a "claim of tide not written," 522[11, [2]; Brand v. Prince, 35 N.Y2d,at 636, 364 govern here. Section 521 provides that N.Y.S.2d 826, 324 N.E.2d 314, supra ). By their (w]here there has been an actual contimted occupation of premises under a claim of title, nature, regular cultivation, improvement and inclosure exclusive of any other right, but not founded of another's land constitute open and notorious acts of upon a written instrument or a judgment or possession that would place record owners on notice of decree,the premises so actually occupied,and an adverse claim to the property (Di Leo v. Pecksto no others, are deemed to have been held Holding04 N.Y. 505, 512, n. 1, 109 N.E.2d adversely." Section 522 provides that land is Corp.,�' deemed to be"possessed and occupied"within 600). The requisite character of the acts of the meaning of section 521 when "usually improvement sufficient to supply the record owner i, cultivated or improved" or "protected by a with notice of an adverse claim will vary with "the substantial inclosure"(RPAPL 522[1],[2]). nature and situation of the property and the uses to which it can be applied" (Ramapo Mfg. Co. v.Mapes, [5][6] The element of continuity will be defeated 216 N.Y. 362, 373, 110 N.E. 772) and must "consist where the adverse possessor interrupts the period of of acts such as are usual in the ordinary cultivation and nmr•ssession by abandoning the premises, where an improvement of similar lands by thrifty owners" (id). Iintruder's presence renders the possession Thus, the frequency and duration ***943 **536 of [ nonexclusive, or where the record owner acts to eject such acts of improvement are to be considered in Vi the adverse possessor. However,the hostile claimant's conjunction with the claimant's other acts of dominion ' I i actual possession of the property need not be constant and control over the premises in determining whether j to satisfy the"continuity"element of the claim(Bender actual possession of land has been continuous. " v. Maynard, 80 A.D.2d 982, 983, 437 N.Y.S.2d 463, y affd, 56 N.Y.2d 538, 449 N.Y.S.2d 966,434 N.E.2d [9] Clearly, where the adverse claimant seeks to 1344). establish incorporeal rights in land, use or physical presence on the property is the only means of giving [7][8] Rather, the requirement of continuous notice to the record owner of a hostile claim because Ipossession is satisfied when the adverse claimant's acts "[olne does not* * possess or occupy an easement or of possessing the property, including periods during any other incorporeal right"in the same manner that an which the claimant exercises dominion and control estate in land is possessed(Di Leo v. Pecksto Holding over the premises or is physically present on the land( Corp., 304 N.Y. 505, 511, 109 N.E.2d 600, supra ). see, 1 Warren's Weed, New York Real Property, Indeed, this Court has noted that "use of an easement Adverse Possession, §§ 5.03, 6.01 [4th ed] ), are such as a right of way, if open and continuous,provides consistent with acts of possession that ordinary owners the same assurance of notoriety and utilization as of like progenies would undertake (Miller v. Rau, 193 would enclosure, cultivation or improvement in the A.D.2d 868, 869, 597 N.Y.S.2d 532; 1 Warren's case of land itself' (id., at 512,n. 1, 109 N.E.2d 600). IllWeed,New York Real Property,Adverse Possession,§ Thus, while the amount of seasonal use may be 5.05). In other *160 words, "[t]he character of dispositive of a claim of continuity in a prescriptive ii disputed property is crucial in determining what degree easement case (see, Beutler v. Maynard, 80 A.D.2d I of control and what character of possession is required 982, 437 N.Y.S2d 463, affd., 56 N.Y.2d 538, 449 to establish adverse possession. Thus, wild and N.Y.S.2d 966, 434 N.E.2d 1344, supra; Miller v. undeveloped land that is not readily susceptible to Rau, 193 A.D.2d 868, 597 N.Y.S.2d 532, supra ), habitation,cultivation or improvement does not require other conduct demonstrating actual possession of*161 the same quality of possession as residential or arable estates in land is relevant in determining whether title has been acquired by adverse possession. land, since the usual acts of ownership are impossible or unreasonable" (7 Powell, Real Property, Adverse Possession¶1012 [2] ). Here, defendant claims that plaintiffs' possession of the property was not continuous because they were In fact, cultivating, improving and enclosing property physically present there for only one month out of the p are acts deemed by statute to be "possession and summer season. However, this argument fails to take occupancy" of land and must additionally be proven to into consideration plaintiffs'other acts of dominion and 1,1 i satisfy the statutory elements of an adverse possession control over the premises that are indicative of their Copr.©West 2003 No Claim to Orig.U.S.Govt.Works .c--- 643 N.Y.S.2d 939 Page 7 (Cite as:88 N.Y.2d 154,*161,666 N.E.2d 532,**536, 643 N.Y.S.2d 939,***943) actual possession of an estate in land. Here,plaintiffs' 742). Such seasonal presence,coupled with plaintiffs' installation of utilities and over-all preservation of the preservation of the premises for the statutory period of cottage, a permanent and substantial structure, in a 10 years--which was made more obvious by the fact veritable ghost town, for the duration of the statutory that all neighboring structures had collapsed due to period [FN3] demonstrates continuous, actual vandalism and abandonment--was sufficient to place occupation of land by improvement(see, RPAPL 522; the record owner on notice of their hostile and "' see also, Green v. Horn, 165 App.Div. 743, 746, 151 exclusive claim of ownership (of, Wysocki v. Kugel, ] N.Y.S. 215; cf., Van Valkenburgh v. Lutz, 304 N.Y. 282 App.Div. 112, 114, 121 N.Y.S.2d 528, affd, 307 95, 99, 106 N.E.2d 28, supra [placing portable N.Y. 653, 120 N.E.2d 839 [dilapidated condition of chicken coop on property along with other personalty buildings is indicative *162 of use by a squatter or ' and debris not occupation by improvement] ). Thus, licensee rather than by one claiming ownership] ). plaintiffs' actual summertime use for a full month each Because defendant was clearly placed on notice of season, [FN4] coupled with their repeated acts of pbtintiils°hostile claim of ownership, [FNS] its failure repelling trespassers, improving, posting, padlocking to seek ***944 **537 plaintiffs' ouster within the 1 and securing of the property in their absences statutory period results in its disseisin. throughout the statutory period, demonstrated their continuous dominion and control over, and thus FN5. While the record reveals that plaintiffs possession of,the property. comhwously paid taxes on the premises, the "[p]ayment of taxes is no evidence of \ FN3. Plaints established that Cher, possession, either actual or constructive" possession of the property included the Archibald v. New York Cent &Hudson Rh. 10-year period from the date that defendant RR Co., I57 N.Y. 574, 583, 52 N.E. 567). Beacon Hudson purchased the 156-acre parcel Rather, proof of tax payment has "been after tax sale in June 1978 to the date of the regarded as an act which shows a claim of commencement of this lawsuit in August 1988. title" (ii), and may also be relevant in Accordingly, we do not have occasion to determining whether, by such act,the adverse address whether the tax sale extinguished clsimare has declined to recognize a superior plaintiffs'claims of adverse possession of the title in the record owner and has thereby .357-acre parcel predating that sale fry, shown the requisite hostile nature of the Congregation Yetev Lev D'Satmar v. County possession(City of New York v. Nilson&Co., of Sullivan, 59 N.Y.2d 418, 426, 465 278 N.Y.86,95-96, 15 N.E.2d 408), N.Y.S.2d 879, 452 N.E.2d 1207; RPM 102013]). Defendants'remaining contentions lack merit. FN4. We are bound by the factual finding that Accordingly, the order of the Appellate Division plaintiffs were present on the land for one full should be reversed, with costs, and the judgment of month each summer, which was affirmed by Supreme Court,Dutchess County,reinstated. the Appellate Division,and has record support. KAYE, C.J., and SIMONS, BELLACOSA, SMITH, [10J Indeed, this exercise of dominion and control LEVINE and CIPARICK,A.,concur. over the premises is inconsistent with an abandonment and certainly consistent with the type of"usual acts of Order reversed,etc. ownership" that would be reasonably expected to be made by owners of a summer residence in a now- 643 N.Y.S.2d 939,88 N.Y.2d 154,666 N.E.2d 532 , / 1' defunct seasonal resort area plagued by vandals Monnot v. Murphy, 207 N.Y. 240, 245, I00 N.E.i. END OF DOCUMENT Copr.OO West 2003 No Claim to Orig.U.S.Govt.Works /_ �-i v vd HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O. Box 329,Riverhead,NY 11901-2794 (631)727-3904 Harvey A. Arnoff Fax No.:(631)727-3940* Margot L. Ludlam *Not for service of legal papers Paralegal Of Counsel Colleen Grattan-Arnoff, R.N. December 16, 2003 George F. Biondo John A. MacLachlan Zoning Board of Appeals Via Facsimile ( 765-9064) Town of Southold AND Regular Mail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Au: Ruth Oliva, Chairperson RE: Zoumas Contracting 155 Sunnyside Road, Southold, NY Tax Map #:1000-63-1-5 (Winterling v. Zoumas -Index 03-20237) Dear Ms. Oliva: This shall serve to advise that the action has been started on the above captioned matter. The summons and complaint have been served and the answer received. It is anticipated this matter will be in litigation for 2 years. As of today,no pre- trial conferences or depositions have been conducted and we are anticipating a conference date ;n mid-January or February 2004. Thank you for your courtesies in this matter. If you should have any questions, please contact the undersigned. Very trulyrigs; / Harve‘'A. Ar off`/ HAA:dr cc: Mr. and Mrs. Harry Winterling J, T \,,\% ,, 3%, HARVEY A. ARNOFF r ✓`j Attorney At Law 206 Roanoke Avenue, P.O.Box 329, Riverhead,NY 11901-2794 (631)727-3904 Harvey A. Arnoff Fax No.: (631)727-3940* Margot L. Ludlam *Not for service of legal papers Paralegal Of Counsel Colleen Grattan-Arnoff, R.N. Sr? ir 2 2193 George F. Biondo John A. MacLachlan September 11, 2003 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Att: Lydia Tortora, Chairperson RE: Zouruas Contracting 155 Sunnyside Road, Southold, NY Tax Map #:1000-63-1-5 (Winterling v. Zoumas -Index 03-20237) Dear Ms. Tortora: As I previously advised that Board, I am the attorney for Harry and Jeanette Winterling,owners of the contiguous parcel to the premises that are subject to the application presently pending before you. Furthermore, it is my understanding that the Board has, for the time being, closed the hearing for purposes of taking testimony. The purpose behind this letter is to request that the Board reopen the hearing to enable new evidence to come before it which was not in existence at the time of the hearing but which seriously and dramatically impacts upon the decision making powers of the Board. in furtherance of this request, I am enclosing herewith a copy of a Summons and Complaint, together with a Lis Pendens, all of which have been filed and served, thus commencing a proceeding here in Suffolk County by my clients against the applicants claiming that they have acquired title to the subject premises by adverse possession. The Board did not have knowledge of this action as same was not actually commenced prior to the conclusion of the hearing. However, where the net result could be that the Board, if it is favorably disposed towards the application, might grant it only to find LAW OFFICES OF HARVEY A. ARNOFF Zoning Board of Appeals September 11, 2003 Page -2- that the premises are, by order of the Supreme Court,no longer a separate parcel but,rather, one with the parcel owned by my clients. It would,therefore, I submit,be appropriate for the Board to either table the application until the conclusion of the Supreme Court proceeding, or,alternatively,deny the application with leave for the applicant to resubmit if, as and when the proceedings pending in Supreme Court are decided. As always, I would like thank you for your kind consideration in this matter. If the Board is inclined to reopen the hearing, I would respectfully request that this office be notified of same so that, if necessary, I would have the opportunity to appear at a future hearing. Thank you for your consideration. Very truly yo s, Harvey A lyff HAA:dr �/ Enclosures cc: Mr. and Mrs. Harry Winterling isjci eivka HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O. Box 329, Riverhead,NY 11901-2794 (631)727-3904 Harvey A. Arnoff Fax No.: (631)727-3940* Margot L. Ludlam *Not for service of legal papers Paralegal Of Counsel Colleen Grattan-Arnoff R.N. September 3, 2003 George E Biondo John A. MacLachlan Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 SEP _ c Southold, New York 11971 2003 An: Linda Kowalski RE: Zoumas Contracting 155 Sunnyside Road, Southold, NY Tax Map #:1000-63-1-5 (Winterling v. Zoumas -Index 03-20237) Dear Ms. Kowalski: Pursuant to my telephone conversation with you, I am enclosing herewith copies ofNotice of Pendency,Summons and Complaint,served upon the Defendant,Zoumas Contracting Corp. It is my client's position that the commencement of this proceeding should be brought to the Board's attention prior to its rendering any determination in this matter. Should you wish to discuss this further, please contact me. Very truly ; r., Harvey A. Ag . f HAA:dr Enclosures cc: Mr. and Mrs. Harry Winterling a ' ` 'n G3 � 0-1 FILED SUPREME COURT OF THE COUNTY OF SUFFOLK AUG 1 4 2003 STATE OF NEW YORK E9 °,: r la P. ROMAINg X C CLERK HARRY WINTERLING and JEANETTE WINTERLING, Plaintiffs, NOTICE OF PENDENCY OF ACTION -against- INDEX NO. 03- a(:) a 37 ZOUMAS CONTRACTING CORP., (3-c 3 Defendant. rapt X sorrow NOTICE IS HEREBY GIVEN that an action has been commenced and is G / � pending in this Court upon the verified complaint of the above-named Plaintiffs against the above-named Defendant pursuant to Article 15 of the Real Property 003-01) Actions and Proceedings Law to compel the determination of claims to the real 6/-L?6 property more fully described below and that conveyance be given to the purchasers. 905:0-6-OThe Clerk of the County of Suffolk is directed to index this notice to the names of the Plaintiffs, HARRY WINTERLING and JEANETTE WINTERLING and the named Defendant, ZOUMAS CONTRACTING CORP. Dated: Riverhead, New York August 7, 2003 HARVEY A. ARNOFF Attorney for Plaintiff 206 Roanoke Avenue P.O. Box 329 Riverhead, New York 11901 (631) 727-3904 TO: ZOUMAS CONTRACTING CORP. 263 Route 25A Wading River, New York 11792 SECRETARY OF STATE Division of Corporations EXHIBIT B '.. .N.mt SE ABSTRACT LLC. ALL t certain plot, piece or. parcel of land, situate, lying and being in the Town of Southold, Cbunty of Suffolk ` and State of New York® being bounded and described as follows: BEGINNING at a point on the northerly aide of land now or formerly of the .Long Island it ..!.:. °y, where same is intersected by the extreme southwesterly corner of Sunnyside Road; RUNNING • N>,CE South 66es 54' 00" West, along the northerly side of said land of LIRR, 90°00 feet to the easterly line of lot 11 on "Map of Greenfiel at Southoldw f11 . 5.1/10/75 as r• *631.3. 1:* es North 28 degrees 35' 30w West, along said lot, 1®100 feet to laJ now or formerly of Daniel P. Grattan; ::. a North 66 degrees 54' 000 East, along said land, 90000 feet to the westerly side of ::.c=ny ide Road; UN MI South 28 degrees 35' 30® East, along the westerly side oof Sunnysidev�.cr`i, 101.00 feet to the point or place of SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X HARRY WINTERLING and JEANETTE WINTERLING, Index No. O3–aa237 Plaintiffs, - against - SUMMONS ZOUMAS CONTRACTING CORP., Defendant. —_— — -X TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer judgment will be taken against you by default for the relief demanded in the complaint. FP Pin DATED: Riverhead, New York AUG 1 4 2303 August 12, 2003. „K; Y kr ,1 L cu 1YCLEW LAW OFFICES OF HARVEY A. ARNOFF Attorneys for Plaintiff 206 Roanoke Avenue P.O. Box 329 Riverhead, New York 11901 (631) 727-3904 TO: ZOUMAS CONTRACTING CORP. 263 Route 25A Wading River, New York 11792 SECRETARY OF STATE Division of Corporations SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --_ — X HARRY WINTERLING and JEANETTE WINTERLING, Index No. Plaintiffs, - against - COMPLAINT ZOUMAS CONTRACTING CORP., G F r Defendant. /41, — — -- — — — X The plaintiffs, complaining of the defendant, by our office, their attorneys, allege: 1. That this action is brought pursuant to Article 15 of the Real Property Actions and Proceedings Law to compel the determination of claims to the real property hereinafter described. 2. That at all times hereinafter mentioned, the plaintiffs were and still are residents of the County of Suffolk, Town of Southold, in the State of New York. 3. That at all times hereinafter mentioned, the defendant, Zoumas Contracting Corp., was and still is a domestic corporation, organized and existing under and by virtue of the law of the State of New York. 4. That at all times hereinafter mentioned, plaintiffs were and still are the sole owners in fee of the house and lot designated as Suffolk County Tax Map No. 1000-063.00-01.00-004.000, located at 465 Sunnyside Road, Town of Southold, County of Suffolk, State of New York, and is bounded and described as set forth in Exhibit A annexed hereto. 1 5. That the plaintiffs acquired title thereto by a deed from the prior owner of record, Daniel P. Grattan, dated the 13th day of July, 1987, and recorded the 29th day of July, 1987, in the Office of the Clerk of Suffolk County, in Liber 10377 of Deeds, at page 108. 6. That in 1987, plaintiffs entered into and have been in continuous uninterrupted occupation and possession adversely of the land which is situated entirely within the Town of Southold, County of Suffolk, State of New York, with Suffolk County Tax Map No. 1000-063.00-01.00-005.000, known and designated as 155 Sunnyside Road, Town of Southold, County of Suffolk, State of New York, and is bounded and described as set forth in Exhibit B annexed hereto. 7. That the premises possessed adversely and described in if 6 lies south of and directly adjoins the premises owned by plaintiffs and described in ¶4. 8. That the premises possessed adversely and described in ¶ 6 has been merged with the premises owned by plaintiffs and described in ¶4. 9. That plaintiffs' possession of the premises described in ¶6 has been and is under an adverse possession under a claim of title not written, exclusive of any other right, and has been and is hostile and under claim of right; and actual;open and notorious;exclusive; and continuous,for more than ten (10) years prior to the commencement of this action. 10. That plaintiff has cultivated and improved the premises described in ¶6 for more than ten (10) years last past prior to the commencement of this action. 11. That for more than ten (10) years last past, before commencement of this 2 action, with reference to the entire piece of property described in ¶ 6, plaintiffs fertilized the entire piece of property, removed six (6) dead trees from the land, cut the grass once a week, including hiring a landscaper and having neighbors to do same, planted and harvested a vegetable garden, installed a bird bath and other ornamental structures, watered the flower garden several times a week and raked leaves each and every Fall. 12. That the defendant, Zoumas Contracting Corp., claims or made claim to have, or it appears by the public records, that it may claim some estate or interest, to wit, an estate in fee, in the property described in ¶ 6 which belongs to plaintiffs as alleged in ¶ 9. 13. That defendant, Zoumas Contracting Corp., acquired record title to the premises described in ¶ 6, hereof, by deed from Wayne S. Grattan, dated November 4, 2002 and recorded on the 26th day of December, 2002, in the Office of the Clerk of Suffolk County, in Liber D00012226 of Deeds, at page 979. 14. That Wayne S. Grattan acquired title to the premises described in ¶ 6, hereof, by deed from Daniel P. Grattan, dated July 30, 1991 and recorded on the 16th day of September, 1991, in the Office of the Clerk of Suffolk County, in Liber 11334 of Deeds, at page 409. 14. That recently, over the objections and opposition of plaintiffs, the defendant, Zoumas Contracting Corp., has encroached and trespassed on said property and has disturbed and interfered with the plaintiffs' quiet enjoyment thereof, but plaintiffs allege that all such claims which defendant may advance as to such premises are invalid and of no legal force and effect and that all such 3 claims have been wholly and effectually extinguished, cut off and barred by the acts and occurrences of a continuing nature which have continued for a period in excess of that required by the statute for the vesting of title through the medium of adverse possession and that the plaintiffs are ceased and possessed of said premises free and wholly discharged from any and every such claim or demand. 15. That all the defendants are known and that none are infants, mentally retarded, mentally ill or alcohol abusers. 16. That any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the aforesaid premises, and that every person in being who would have been entitled to such estate or interest, if such event had happened immediately before the commencement of the action was named as a party hereto. 17. That no personal claim is made against any defendants other than a defendant who shall assert a claim adverse to the claim of the plaintiffs as set forth in the complaint herein. WHEREFORE, plaintiffs demand judgment as follows: a) That defendant, Zoumas Contracting Corp., and all persons claiming under it be forever barred from all claim an estate or interest in the property described in ¶6 of this Complaint; b) That it be adjudged and finally determined that the plaintiffs are the lawful 4 owners and are vested with an absolute title and fee simple to the property described in ¶6 of this Complaint; c) That the sole and complete possession of said premises described in ¶6 of this Complaint be awarded to plaintiffs and that plaintiffs remain in possession thereof; d) That defendant, Zoumas Contracting Corp., be directed to restore the property described in ¶6 to the condition it was in prior to its encroachment, trespass and damage on and to it, and be permanently barred and enjoined from in any way, directly or indirectly, disturbing or interfering with plaintiffs' quiet enjoyment of said property; e) That plaintiffs recover their costs, disbursements and allowances against defendants answering this action; f) That plaintiffs have such other and further relief as to the court be deemed just, equitable and proper. Dated: Riverhead, New York August 12, 2003 HARVEY A. ARNOFF, ESQ. Law Offices of Harvey A. Arnoff Attorney for Plaintiff 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901 (631) 727-3904 TO: ZOUMAS CONTRACTING CORP. 263 Route 25A Wading River, NY 11792 SECRETARY OF STATE Division of Corporations 5 VERIFICATION STATE OF NEW YORK ss.: COUNTY OF SUFFOLK HARRY WINTERLING, being duly sworn, deposes and says that deponent is the Plaintiff in this action and has read this complaint; deponent knows its content and knows that it is true to the best of deponent's knowledge, except as to those matters stated to be upon information and belief, and as to those matters deponent believes them to be true. AC 7 -474 fr , rbzw, Harry Winterll g Sworn t• before me this /9-91r- day 9- " day of IL 4 , 2003. I' NOTARY P' i.".LIC V MARGOT I LUDLAM Nn`H.'ri> �SUTIO of New York thi. !�!. U604466?_ Commission fExpires Dec. 12,2006 6 IV-frg ,CMAAPArr'9Alin40 .;.,r1.,..--a„., ...otto.•:,...- 'i 'Z'' t--.-- •,..,fp_4--•-'4. -"41.," r e": ;P....:: •• , . lee k.,F..•.s.4‘....74.,,,e.,-.0,744'. ...i.,,.. • -,.. - trilVfk;-0 . r W` - ' •T'.''''-4"--.rA4'.' ,l .4-',-41..4(- -t , • %1.-?-1', if 41.,,e-; ., ..,0•1•-•• •• 0,,,,,_,_=',,,,,-.4?--...„,,4 ,.. 77 r:•=_.'r's'''' • -.!: .7:.,,`ii,'..5:4,? „ ,-.. • . ..VA.V..: '''.-•-`ki-k,'-&-,7ii4..f-2% q-'Z '',-4,'.i",..-=4 '' , -',, EXHIBIT A et4-:: ,,,,,tOrp,'.1:' ',--;.--,*7•17,,,,'7., -t, , X',:li.,;;;';‘ -.'';'', • ) rft-i--Ft,(A :*2,P9Pilft,'71‘..! ),Er W1-401X;;.-,4 '.'"'-1,,,,T,-=5T--.:.•%V1,1z,....t.- -trIX-41,1:0,....1!"- .7:'4 i.:-.-,&;".--r skw--x--, 3zw4rALAII• 4i••'- '''i Li',1,,r,:.',.'z DESCRIPTIOEN GRATTAN/WINTRL-INGr •".'4•''",,171-::-44-r-,.:4i,•-".;'v?`k,•'•.i•-°,''4Ap?:`i,r„t.t.1.4r.;•,•:,,7,,tf),Ii 2t,i'Ai,_,,..7-v1.s%,.r 4-..g..k:.14,..-41.'..-.AyF.r%-,l.:1-„---,..v1p.i-.g174,-,40,,33.;,..,,.4.,.‘.4-.,%.4o..._l,icr..,,-.,;.,',..,.-J .”.... '''''AT.'".1.;-,-. . 1..,1•1-,4-Z-4-.4-_-,,e.,:,,:f _v.Mextifotj, ;,..,-41--‘a2,10---. '-o'`y4 I.' ---44.,,,-3•1.-ge: -,,,,,,.0-44p-4,,,-,. ..4.f.:,..:•-. A-4.D-:',that ce r la in plot, piece ot parcel of land lying and'being in the V i 1 lege and Town of SouthorgfReounr .:1- .,4 --b"u f tiSik and State ot New York, being more patt-rcli,'al; -,,,,..,'.•,:.,.3,, .1.*---'',17., '.. :-'4-.:'10,;',;:` • !,• described as follows: '4R,•,'• 4:-,,t,'''t..-q.-- ,"< --,: 4;-L„y:-0.-*-, iziotekt..1.:,,e ,:,-,,,._OfT,..,•, --,- , ---, BtGINNING at a monumelfk set, at the northwesterlYAdoin,t42-, gt)",„if-t,Ir ',:iVA. -.tlira'..-' • e..*.• - the premises herein described and being thekpltrildif04 4;----"••-- '-v-,,,--,,... intersection formed by the southerly and the' eaffketly VA- ,„ifir of the lands now or formerly of Charles RutkowsksilAtANT-4'ixtr•:,' cr..-z..v •,,,,-F5,.., -. krii :B : . ' '-' ''''-*•-`"- TENCE in a general easterly direction aion 9 tha,I ,;,.:,k Ithie of the lands now or formerly of Charles A•fatt‘ V s./s7 .-.4'4A.-Fik),•-, '^krt-utrAc :' ,.,,,„.t,:.'-,tt-i:4:-i,:4..-')f'-•,''',„ - MDT-tn...268° 52' 1U" East a distance of 90.36 feetAto- ,f„e)t--.--0.--en-r'- mest.erl_ ''-',;,'.7.-;-WS-16• ' t,..--;.*•; 144,:g yline ofSunnyside Road; .„."-...3:-•.-----; ,,,,..: 1.,,s - -vg."1--4,,,,--;,‘,-,i, , ,-,- ;:,.--- -•-•3114- ,.‘.4,-;,,,-,„.- .---,;.---------„4.4-:::4,:•--g.=, Til k:Ne k: in a general southerly direction along thAfFi; iiii-• l''''''.:# 1‹,-1:: o • , a .----4,-. ,... .-- _,linel; of'...S uhny s ide Road South 28 35 30 Ea 9 t a`dlatatice t.0-` ,......... ..... P 11-1111b feet,to a point; *I1-41-t*:Xtli- ziatl-,--4:1 ; •, V-4- W,---'115•5:',:2-p::::"S,?•?: : : '-.:;' '-', a,44-71•3'1/4.- r,,,--••0‘..,,,.CM3414-.:-“, trirtit E ' ..... 4 '-' A.4••: , -.-;▪ .., • in -a general westerly direction' South 6-'6T.-J-040,1"AFIRp_A,Ar47,:,,4f- 14,.#14.,V,,- 4,---AktAnce of 90 feet to the easterly tXge•--(4••••qAcnt,4-"'-'4''•:-'-'''ctiaridg:iiiii4-.-be formerly ot Charles Rutkowski; `,-.. ,.. ..- • -71.-..,?,,.. iedifefiGi!'in ja general norhterly direction', along,,ttilrote'1114.-t-W,.4AiiitiV- if*I.•-, line..4, 6-.... ...,i- ,,,,,,k• •,.14-2-,T,:,1;702..4i, ;fsof .iands now or formerly of 'Charles RUelciftt184:,.:.' -,.., :•';-4,--.,-Ra#4,-i,-,n'-:-..wie,..."A'C''‘ 30" West a distance of 114.41 feet to 017414681._ I. ',..-z,4 Atira-Celtof BEGINNING. BEING AND INTENDED To BE the same premises party 61 the first part by Daniel R. 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L,P1 Z-e7-:- 0-.---7:1-444.-A.P.,q,z• --,4,0.,,--4,,,,,..,_-;./..- , ,, -.1:-.0-4Agegiili..--,_:.-,;.•V_ 00- g.74.-W,--- 74i•ir417--":: '';':.1-1*,-,i-V47 .,•.-c,";,:-%:"---•,-:;;•,,-.:','' ' ''''''''-'5-1F-1-1:-.K;Nrge.--0- --..k,,,,--, &A •-ert,-.1.:. ---4 #.4," - ...14,-- :.--*14.10',• '',: ".,4=•t'..4- ,rieNIA.V7,,I. ,..;r;,;.,-A 0"-.-." -,.:.'-------"t'- -,=• •• ,,,a,Igir.,-,41.,,:. --.,,,,-:..,zt..!,.--. "irAlig.**-ovittet-A4,k,Vitv-&-#,..,,,.k.' .;.-412,ire- •-:,,,,t,,,,.,,z4f.,-,,,,....t.,-,.&•,-.. ;...-:--,ITS--)`..44,; '.:4,1*,.4 • EXHIBIT B err ;.SR ABSTRACT LLC. DBSC R IPTI�4 ALL that certain plot, piece or. parcel of land, situate, lying and being in the Town of Southold, County of Suffolk • and State of New York, being bounded and described as follows: .GINNING at a point on the northerly side of land now or formerly of the Long Island Railroad where same is intersected by the extreme southwesterly corner of Sunnyside Road; RUNNING THENCE South 66 degrees 54° 00" West, along the northerly side of said land of LIRR, 90.00 feet to the easterly line of lot #11 on "Map of Greenfields at Southold" filed 11/10/75 as ' 40 #6313. a: N CB North 28 degrees 35° 30" West, along said lot, 501.00 feet to 1.• now or formerly of Daniel P. Grattan; THENCE North 66 degrees 54° 00" past, along said land, 90.00 feet to the westerly side of =•utnyside Road; m .SCE South 28 • . . ees 35' 30' East, along the westerly side of Sunnyside Road, 101.00 feet to the point or place of BEGINNING. SUPREME COURT: COUNTY OF SUFFOLK :STATE OF NEW YORK HARRY ING, ET AMT. Plairstgas) 03-20237 Index NO. Pate Filed 8/34/03 • against Office No. ZOUMAS CONTRACTING CORP. Delenelantild STATE OF NEW YORK,COUNTY OF SUFFOLK SS: Victor Zeleny _ being duly sworn,deposes and says:that deponent Is not a party to this action,is over 18 years of age and resides in New York State.- That fin August 20, 2003 at 12:35 P. Stet 263 Rt, 25A, Wading River, NY 11792 deponent served the within summons and canplaint and Notice of Pendency of Action FILEDupon ZOUMAS QJNTRA 1UNG CORP. the said defondantlet therein named. AUG 272Q EDWARD P.ROMAINE INDIVIDUAL by delivering o true cgyy of each to said defendantpersonally;deponent knew the person ':.t fj F t cOISI TY 1. 0 described as said defendant therein. • CORPORATION a domestic emporetton by delivering a tress tioPy of each to "Jane Smit", Managing Agent • 2.gi Denbonally,deponent knew said corporation b served to be the corporation described in Maid surnmons as said defendant. • SUITABLE by delivering thereat a true copy of each to Refuseproper name AGE PERSON a parson of suitable age end discretion.Said promisee le defendant's—actual place of busdnees—dwatling house- 3. 0 usual place of abode—within the slate. AFFIXING TO by affixing a true copy of redo to the door of said premises,which Is defendent's—actual piece of business—dwelling DOOR house—usual place of abode—within the state.Deponent was unable,with due diffidence to find defendant or a 4. 0 person of suitable age and discretion,thereat,having called thereon. OTHER by delivering a true copy of each to Said defendant by leaving thereat personally with 5..0 whole duly authorised to accept thereat. MAILING I deposited in the U.S.Mails a true copy of same properly enclosed and sealed in a poet-paid wrapper ressed use with 3 or 4 to said defendant at the aforementioned address, the last known address of said defendant(s). DESCRIPTION Deponent describes person served as aforesaid to the best of deponent's ability at the time and circumstances of CR service as follows: Pm/Cr Approx.Age 63 Sex F Figt.5.°5°D Wgt. 175 Coder:Sir inWhite Heir_Other— MILITARY I asked the person spoken to SERVICE whether defendant was in active military service of the United States or of the Stats of New York in any capacity o whatever end received a negative reply.Defendant scary ordinary csvdAfo clothes and no mfhlwq uniform.The source of my • Information and the grounds of my belief are the conversations and observations above narrated. Upon information and belief 9 aver that the defendant is not in the military service of New York State or of the United States as the germ is defined in either the State or In the Federal statutes. Sorn to before m on August 22, 2003 P CA ELr[yY NOTARYU&LiC.State of New York tdo.526502420 In So fa aty l 33. Comrnesdarn A 0 Supreme Court of the State of New York County of Suffolk Harry Winterling and Jeanette Winterling, AFFIDAVIT OF SERVICE Plaintiffs, Index No. 03-20237 against- Date Filed: 8-14-03 Zoumas Contracting Corporation, Defendant. State of New York ) : ' Ss. : AUG' 2 7 2603 County of Albany ) ARD p. ,�u N; Mary H. Bonvilie, being duly sworn, deposes and says: CLERK bF �IJFF�'�-Yi TY Deponent is over the age of eighteen years, is not a party to this action and is a resident of New York State. That on August 15, 2003 at approximately 3:30 p.m. deponent served the following' specific papers pursuant to 306 of the Business Corporation Law: Summons and Verified Complaint with Exhibits and Notice of Pendency of Action: that the corporation served was Zoumas Contracting Corporation, a domestic business corporation, the defendant in this action, by personally serving two copies of the aforesaid papers at the office of the Department of State, located in the City of Albany, New York by delivering to and leaving the papers with Debra Wood, a white female with brown hair, being approximately: 36-45 years of age; height of 5'4"-518": weight of 160-200 lbs. , being an authorized person in the Corporation Division of the Department of State and empowered to receive such service. That at the time of making such service deponent paid to the Secretary of State the fee prescribed by Law in the amount of $40.00. C �N. ary . Bonvi ',e Swop to before me this V /1,,/h day of August 2003 r th A. Dennehey Notary Public - State of New Y Qualified in Albany County Registration No. 4729775 Commission Expires: 11-30-2006 .eye sid v ll i PUi c HARVEY A. ARNOFF ill /f, Attorney At Law 206 Roanoke Avenue,P.O.Box 329, Riverhead,NY 11901-2794 (631)727-3904 Harvey A. Arnoff � -- -i Fax No,:(631)727-3940* `e "-� �,F,:, -- ° Margot L. Ludlam - _. *Not for service of legal papers Paralegal 4L ch 2(JJ3 r Of Counsel Colleen Grattan-Arnoff, R.N. George F. Biondo John A. MacLachlan July 17, 2003 Southold Town Zoning Board of Appeals Town Hall 53095 Math Road P.O. Box 1179 Southold, New York 11971-0959 Attention: Lydia A. Tortora, Chairwoman Re: Zoumas Contracting #5345 Request for Lot Waiver under Section 100-26 Dear Ms Tortora and Members of the Board: I am by this letter confirming that I represent the interest of Betty Grattan, Peter Grattan, Jr., Kevin Grattan and Colleen Grattan Arnoff, as owners of certain real property situate at: 210 Sunnyside Road, Southold, N.Y. Unfortunately, because of my trial schedule I will be unable to appear at your hearing on July 24th and am requesting that this Tetter be submitted to the Board in lieu of my appearance and/or argument. A review of the applicable provision of the Town Code (100-26)provides that in order to un-merge the lots the Board must first find that amongst other things: 1. The Waiver will not result in a significant increase in the density of the neighborhood. Page Two In this instance the lot in question, being less than a quarter of an acre, is on one of the smallest dead end streets in the Town of Southold. Situate on that street, as I am certain the Board is now aware, are undersized lots in each instance. The density of the street would be increased by twenty five percent (25%), i.e. four houses to five. Certainly this represents a significant increase in the density of the neighborhood, will increase the traffic on a small dead-end street and remove what remains of some open space enjoyed by the four owners of the homes. 2. The second criteria indicates that the Board should recognize is that the lot is consistent with the size of the lots in the neighborhood. In this instance, with the exception of the lot at the end of the Street, i.e. 500 Sunnyside Road, the lot would be consistent with the remaining three other homes. 3. The Board must also consider this issue of economic hardship. In this instance, the economic hardship is completely self imposed. Zoumas Contracting is not the original owner of the property. By way of history, upon infoaauation and belief; the property in question, together with the property to which it is merged, (currently owned by the Winterlings) was owned by Daniel Grattan from approximately 1947 until his death in the late 1990's. The property was considered by all to be one lot and was maintained both by him and subsequently by the Winterlings and cultivated as part and parcel of the Grattan homestead which was built there in the mid 1940's. It can hardly be argued that Zoumas Contracting did not know or was unaware of any merger when it purchased the property. The applicant purchased the property within the last two or three years and, as a sophisticated developer/builder, should have been well aware of this merger. PIe cannot now attempt to bootstrap himself back to the time that these lots merged in an attempt to un-merge them. 4. The final criteria relates to the character and contours of land. There is no indication that the construction of the home will in any way impact on the natural details and character of the land other than what has been set forth above, nor is there any indication that there will be any filling needed as well. It is only when the Zoning Board of Appeals finds that the provisions of subdivision 100-26 A 1 through 4 have been met that it may (emphasis supplied) consider granting the application. It is my opinion that the applicant has not satisfied those four Page Three criteria. However, in the event the Board is constrained to conclude otherwise, at a time when the Town is considering five acre zoning and when lots such as this (approximately .21 acres) still continue to exist as a thorn in the side of good planning and zoning, this Board should not favorably consider an application of this type. It is respectfully submitted that the adjacent area i.e. the Winterlings parcel is not 18,900 sq. ft. but rather of slightly larger dimensions than the existing lot. If the adjacent area to which the applicant refers is the lot in Greenfields, that should not be considered by this Board as it is part of a separate major subdivision that does not have anything whatsoever to do with the application before the Board. The individuals that I represent own the house across the street from the subject premises. That home is not serviced by public water and has a private well. Whether or not the subject premises would be serviced by public water is not mentioned. Suffice it to say, however, that the cesspools and wells of my clients not be more than 150 feet away from those of the subject property. In conclusion, at a time when all of us are sensitive to open space, and the increase of traffic on our local streets, to permit this lot to be built on subverts everything that our town has attempted to do since the promulgation of its Master Plan. For all of the above reasons, it is respectfully requested that this Board maintain the status quo and deny the application. Very trul en tar . 'le OFF cc: Mrs. Betty Grattan P.O. Box 373 Southold, N.Y. Mr. Peter Grattan P.O. Box 344 Southold, N.Y. Mr. Kevin Grattan 250 Longstreet Drive Southold, N.Y. Sun 20 00 02: O1p Moore Law Office 8317654E43 p. 2 . 1 1. cr \ PATRICIA RI C 0MOORE i a„"_...- ek ' 0 kk �' -' 'ny '° \‘‘)k Attorney at Law �'‘ E ric51030 Main Road °�� D "' -�' 'd 7 Southold,New York 1 I971 i irj r, n��.t rc `f fie_^. vs,i.,`-uuLs i Tel (631) '365-4330 C est" - i, ,i"" Fax:(631)765-4643 \.___.__,-tet. June 20, 2003 BY FACSIMILE Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 RE: Zoumas Contracting Dear Ladies/Gentlemen: This is to advise you that I will be representing Zoumas Contracting before your Board. Please advise me when the hearing notice is ready for pick up. Thank you. Very truly yours, 2 " , & ) - Patricia C. Moore PCM/mr Subject - 1000-63-1-5 1000-63-1-3.2 Martine Baschnonga v 500 Sunnyside Boulevard Southold, NY 11971 1000-63-1-8.2 J Daniel Peter Grattan, Jr. and another P.O. Box 1710 Southold, NY 11971 1000-63-1-6 / Betty Grattan P.O. Box 373 Southold, NY 11971 1000-63-1-4 / Mr. and Mrs. Harry Winterling P.O. Box 1716 Southold, NY 11971 1000-63-5-21 / Joseph Radich 960 Greenfield Lane Southold, NY 11971 1000-63-5-12.1 1 Mr. and Mrs. John Senko, Jr. 89 Peninsula Boulevard Hempstead, NY 11550 1000-63-5-1.1 J L.I.R.R. James Deimody, President Jamaica Station Jamaica, NY 11435 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 18, 2003 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, December 18, 2003, at the time noted below (or as soon thereafter as possible): 2:10 PM ZOUMAS CONTRACTING #5345. This hearing was reopened by November 6, 2003 Board Resolution for submission of new information, concerning this application for a Lot Waiver under Section 100-26, based on the Building Department's April 3, 2003 Notice of Disapproval, to unmerge lands located at 155 and 205 Sunnyside Road, Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5, containing a described area of 9,100+-sq. ft., merged pursuant to Section 100-25 with an adjacent area of+-18,900 sq. ft; CTM 1000-63-1-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 21,2003. RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS By Linda Kowalski, Board Clerk NOTICE OF PUBLIC HEARING THURSDAY, JULY 24, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday. JULY 24, 2003, at the time noted below (or as soon thereafter as possible): 1:50 p.m. Zoumas Contracting#5345. Request for a Lot Waiver under Section 100-26, based on the Building Department's April 3, 2003 Notice of Disapproval, to unmerge lands located at 155 and 205 Sunnyside Road, Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5, containing a described area of +-9,100 sq. ft., merged pursuant to Section 100-25 with an adjacent area of +-18,900, CTM 63-1-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: June 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals - ,at?-2-`4f970` Vanston-='`.'` toad; 11 _ Cutchol Parcel 1000414=3-_ f•" 10,,.,0 a m:JosephrandDonna '''St iliefre#535'L Regilest'foi-'a -- Va'fian eN-'iiinder cSeotionq00s' x)244B0 basedsiona he?Building • 'DeR rtpient s, t fai-,-;4 v.- 03 COUNTY OF SUFFOLK Notice of'. -•Disapprov,"al. STATE OF NEW YORK ss: - Applicant proposes-atx-addition, to thei:existppg drvelhng'.wtitha= Lise Marinace, being duly sworn, says single,slid'',yard'at"e slan-10 that she is the Legal Advertising feet-and oombines1?side yarcis at - r_ :LEGALNOTICE '.: rl;::r.4Mcss tHaiica feet,tafi374=t oo'se ' Coordinator, of the Traveler Watchman, _¢„$O�i�b?41PI,I�i' WN:. ,,,; sf,::Cxe ,tsranee56#h9ldewl'arcel; " public printedat Southold, Q` '�� `�` a pu is newspaper prm e .Fm_,BQARD f.W ,EALiii ,f ;090004=1,;r6�: , 'b::*,°"'was S,- ' RSDAY,Ji L 24;2603 0.4" a 4 =Demcci"Ce has in Suffolk County; and that the notice of �TO.TIC, GS, - under yRe'quesf10fo'a'V1bance which the annexed is a printed co has rr s''J:VilJfilrl::E('sw r,IS<;`^.HERE,B�[i``,-••-•unde`r�'Secti`ori=�1'00�33Gi�lias�d. copy,c1 scant do Section:26rr : on�wthea Bolding:�De aranent!s been published in said Traveler ‘,...'io�f,the T wli .,and.Chapierr:. rbc ,,_ otic ,�4p Watchman once each week a„ r M, s qh a Q0 tLon•in y, %=.1 "...3%.i,,,,....e own. ,•.D sap r`val.•- pplic roposes / - `o Soiftl ogi lhe=fbIlowin pubs'°�'' an'ac esory'(pdotho�~e)"stiuc for f week(§Y-- successively, = .ieileapings*Th e:411 ld•by-the,. - fuze at less'than G,O,feet froifirll e' SOUTIIOLD T- -rr:• ' ,x commenci is o . the � day of c._{�.dio� :T • �I�� �1 a� >f OI'. pAiI:S�;;#%*tlie Tv{%n=r {�Stre e elft;p�{ el„TO q�1�¢r2r Ad. - , . . ,, 2003, t r S -.xJi:-:ali .a . igq 0,w .. ,`.;. h'a`il;',5309 r-M4i 'Ooacj, Oma. .42.2. r K- e, c t i-' -�-s '• t.',!--L 1 j'F`e r�rpi's,d 7Sti.> f.-r .4.-AC-Ce. ^�Boic 7`1.71;Sciutholda�New�7o�rk` - , �(1'S,0 �:tit�Crystal`�'L' Rock ` Jx,.1ai;.971=0959$14an`:Thnrgc7ay,qui ft. :#5352:-Re 4e `" �- ,�,� y yq sl`for, ; 7aiialiee, s 21- �_._VI a# tli;e,440§ noads3,, binideeSeetigni100:=30*-t Ybased` ':,t1,41 .k ,Room'tlierea t-W-La,;:,:soR,n .,,,Pnlding IPe,Heat's _ possible), ' z•,• Apnl (� Z00amw"l oft e,; of. E (1 %t. f.y.a,"rgE:r i" s: �4�i7Yt r d 5 C"",CE- t, - 9:30 am I2icliard-and'uhery'r btsapprovval,.4p li�Canf roposes ' COta*irii,t#5348uegt�-for'.Fa4'=."4cilliica anl� r -•§liealiVa ., �il ,,; te," aFceso'' ani V, �aice,-'4inder� Sertiou;11Foi:qr. area oQfe`than: z quire - wore me this day of ;�a��code� e -B0 40,0 f0�,,based-o 4e;,n:; _,.. „:2,-,'7,-mil,,,,,,,,,,.,r,,,,,,,:,,,,,,---,�aF -"I 2003. Wilding'Department Ap , -See'Legals,n`ekt°page/ ' I.Legals from preeeding,page- -.- 1:30 On:-„T. and'°B. Severin #5344. Request for a Variance `fives,desiring to be heard at each" #530.3.,Based,ion the Building under"Section 100-244,based on hearing,and/or desiring to submit rear yard location,,at 10939 Main Department's January' 10,,2003 the Building 'Department's- Written statements before the Road,East Marron;`Parcel 1000- Notice of bisapproval, applicant February 4, -2003 Notice of , conclusion of each hearing.Each 31-4-28. = , . reqquests a Variance under Section Disapproval, amended June 19, hearing will not start earlier than 11:00•a.m. Joseph Guhni and '100-239:4B''to-construct' addi- 2003: Applicant has a single- designated above.Files are avail- Susan Braver Gulmi-,#5340. tion(s),to'the dwelling at less than familydwelling under'construe- able' for review during regular Request for a Variance'.under 75 feet'frotn,the existing bulk- tion (BP #28154-Z) Which does business hours.If you have ques- Section 100-33, based on the head, at''565 Gull Pond'Lane, not conform to a,single side yard tions, please do not hesitate to Building Department's Match 4, Greenport;CTM 35-4-28.27. ' requirement of 10 feet and corn- call(631)765-1809. 2003 Notice of„Disapproval. 1:40-p' "'Harold Reese Jr.'and bined sides of 25 feet, and the Dated:June 20,'2003 Applicants propose a swunrning Schembri Homes#5349.Request front setback is less than the.min- Lydia A.Tortora,Chairwoman for,a,Lot Waiver under'Section imum 20'ft.requirement and con- Board of Appeals pool accessoiy ' garage and 100=26 based on the'Building ditions _under ZBA, #4160. 1X 7/3/03 (806) • accessory shed m an area other than the required rear yard',at 250 Department's March''10, 2003 Location' of Property: 59235p 7:7 _ ., Notice ' .of Disa roval, to CountyRoad 48, Greenport; ,°" 67.-.�;, `e orrPe- Pine Tree Court, Cutchogue; pp . �r r' ` Parcel 98-1-7.11. unmerge,vacant lands located at Parcel 44-2-11. - 11:10 a.m.Nancy Stein#5260. 1025 Seawood Drive and 8360 2:10 p.m. Charlotte Deliteris Request for Vanances under North Bayview Road, Southold. . #5371. Request for a Special JUL 7 2003 Sections 100-242A and 100-244, se Applicant propos tobuild asin- Exception under Section 100- based on, "the • Building gle-family dwelling on CTM 79- 31B to establish_ an Accessory ,April '29, 2003 7-63, a described area of Apartment use in the owners , Notice of Disapproval.Applicant 14,379.24,sq.,ft, merged pur- existing single-family residence, ING no tai LF"- �'pi proposes additions and suant to Section'100-25,with an at 455 Summer Lane, Southold; �w y� w� alter- ations to the existing• dwelling adjacent area of +- 28 acres, Parcel 789-13. with a front yard setback at,less CTM 79:7=55. ' , 2:20 p.m.'William Goggins than 35 feet and single side yard 1:50,p.._' Contracting #5382. "Request for a Variance at less than 10 feet,at 2665 Cedar #5345'.'Request for a Lot'Waiver under Section 100-30A.3, based Lane, East Marion; CTM 37-4- under'Section 100-26, based,on on the Building,Department's y 12.1. the Building Department's April amended May;16,2003 Notice of 1:10 p.m. Jay Kenned #53,58. 3,2003 Notcce of Disapproval,to Disapproval.Applicant proposes Request for a Variance under unmerge lands'located at 155 and an ,addition ,to the existing Section 100-33, based•on the 205-Sunnyside Road,'Southold. dwelling with a single side yard Building Depaftment's April 23, Applicant`proposes to build a sin- at less than 15 feet,and less than 2003' Notice of Disapproval, le-family dwelling on CTM 63- 35 ft. combined side yards, at Applicant proposes anaccessory -5,reenpork •;Ca described area 1780 Jackson Street and 8755 swimming pool partly_in a side of+- 9,100,sq. ft., merged pur- New Suffolk Road,New Suffolk; yard location, instead of entirely scant to'Section 100-25 with an Parcel 117-10-14.1 (13 and 14 m a rear yard'location, at '330 adjacent area of+- 18,900,CTM combined)., , Maple La., Private Rd. #3, 63-1-4. _ The board of Appeal will hear Orient;CTM 17-3-2. 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Brooks -Point=Toad--(priv�ateii•3; - revie'u'-durir%g'hagLilar"estions,; road)'.-ishers ;Island:,.Parcel ' z.Oalt R. d.New,Suffolk:P`at01-4:i.:hexir.If;'you, `t�rS_t ,, f+ Oa ! r..a's-,.r.I,� k+ti ,56. z.a�z3' t-;hesitate'to; ea11' 1000`•8 3=5 =P/ ..'',' :_.1x00 71'7;2=:1'-.)-`:=,' - ,�;:- p�lease4 16.-iao , -.tnl,:, 1.,- - • . -r -• &F tI' r JOSE �°:i(63. -65- 9 �i._ '. . - .....10:20"AM);VERETT��AND` ,"'ii�.00) P1V1`r`�s``' ,,3. }` ;,MELISSA:�•OORWIN #54'45. ry,AND:.''DOROTHY_ ULRICH;;, ' s,=Dafen:No G' Applicant ;request.-Vag esrtl #a'46a;.,,A icauts.r. 4-4es zt1i"-<":;,F,UTI-1T) DL*AIR, I R 0, -iinder'`,Sectioii-1'00-2444;;based-'T» 'arinuce unclipp� �Section: NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property APPLICANT: ZOUMAS CONTRACTING TAX MAP #: 634E5 APPEAL: LOT WAIVER PROJECT: UNMERGE LANDS TIME & D/4`[°E . 'TF1URS. .1ULY 24TH - 1 :50 P. M . If you are interested in this project, you may review the Town files) prior to the hearing during normal business days between the hours of 8am and 3pma ZONING BOARD "TOWN OF SOUTHOLD • 63146s1809 NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road9 Southold , concerning this property APPLICANT: ZOUMAS CTImVG 5345 T MAP #: 63-1 -5 & (4) APPEAL: WAIVER TO UNMERGE PROJECT: UNDERSIZED LOTS DATE / TIME : THURS. DEC 18 - 2: 10 PM If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pme ZONING BOARD 'TOWN OF SOUTHOLD • 6314651809 • FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS �/ LABEL APPL# L ✓ ASSESSORS CARD (7 COPIES) NAME Z LA. , • ✓ CTY. TAX MAP (7 COPIES + 1) CTM# (03-! - INDEX CARD (ATTACH OLD) TOWNS ✓ LIST ALPHA BOOK COPY PRIORS ✓ SIX COPIES INSPECTION PACKETS COMPLETE • REF: UPDATED NEW INFORMATION A99,. (� rll. _D _ s 1' �C ZJ I' _ -�c�1 (�. t Y v Q(-(. 12,z) (ittifiLtvcNutfpRE OUT) FOR DATE _•ZAL TIMEt: P.M: M 114-44.6 2..0_7(....45 PHONED OF • 1:3 FAX 4:it:EU:RCN:JED, PHONE Ul MOBILE yguR:car,L AREA CODE NIIMBER EXTENSION „i., , 1?,LEASE' ALL MESSAGE Api7. ) 4-/,0e.,,L.0/47,„? :.! CAME30 e&vii EE':YOU SIGNED 09). WW1 FORM 4008 • ►I ': COMPLETE THIS SE 1• nolimimattar l azige wereatzairram • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired.■ Print your name and address on the reverse '�e � / Affr4 A•: asses so that we can return the card to you: B ecelved b (• nted Name), Da o•De ery • Attach this card to the back of the mailpiece, u t t, E 2U�3 or on the front if space permits. • 1. Article Addressed to: D. Is de`•ery ad. -'s differentfrom item 1?,;"p,• es' if YES,enter deliverry_addree belowi j o Mr. and Mrs. Harry Winterling .. P.O. Box 1716 Southold, NY 11971 -3. Service Type' MI Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee). 0 Yes 2. Article Number 7003 0500 0003 4345 1065 ! (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-o3-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail IIIPostage&Fees Paid • USPS • Permit No.G-1O • Sender:Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 octme d ,■ Complete items 1,2,and 3.Also complete A. Si:i-tura, item 4 if Restricted Delivery is desired. . In Agent IIPrint your name and address on the reverse X / 0 Addressee so that we can return the card to you. e d by(Print d am) C. Date of Delivery ■ Attach this card to the back of the mailpiece, p)- -or on the front ifspace permits. � 1. Article Addressed to: D. Is deli /rya••- -4"* i•m item 1? ❑Yes if Y lb,=r dell9te, - dre> below: 0 No - b j Mr. and Mrs. John Senko, Jr. 89 Peninsula Boulevard "rac7.17 `tel Hempstead, NY 11550 bJ_ ' -3. Service Type ---- O Certified Mail 0 Express Mail - ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. A. Restricted Delivery?(Extra Fee)• 0'Yes 2. Article Number 7003 0500 0003 4345 1089 (Transfer from service label) F S Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 , UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • ° Sender:Please print your name, address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 ,oc.cma.a 'CIA I£i£liiiiillilidlii!£illlrlfililliiiiil!!ll£i lii£I!i£iiiillll E igarK.mt ma talli immIggliUld- •u• 1raC �Ci migeriaw war i• • Complete items 1,2,and 3.Also complete ;,>;I y!�, item 4 if Restricted Delivery is desired. '�9r-~-- • :e ent • Print your name and address on the reverse L!ij, ilid/o-:' - ❑Addressee so that we can return the card to you. r • Attach this card to the back of the mailpiece, B j�"'ivd by(•ri t;d AI: rDaie�D Delivery or on the front if space permits. 0 aria %LQ U, `l 1. Article Addressed to: D. Is delivery address fferea item 1? 0 Yes if YES,enter delive .address below No Betty Grattan P.O. Box 373 - Southold, NY 11971 3. Service Type ®Certified Mail 0 Express Mail ❑ Registered 0 Retum Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number (Transfer from servicelabel) 7003 0500 0003 4345 1058 PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail 10111 PUSostagePS &Fees Paid . • • Permit No.G-10 • Sender. Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD - SOUTHOLD, NY 11971 J 6laihitli{litiltl i th!l{,It1iflttll4til,,,,1,}i1:tittl9`'i aT41111K/i71:/M141r n: yxelirc i. rc0mralamamraa:a• • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent MI Print your name and address on the reverse X D Addressee so that we can return the card to you. B. Received b ( dried Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery adds cl ftere t from item 1? 0 Yes 1. Article Addressed to: f �V if YES,enteSaisTketra dda below; 0 No James Dermody, President `;� L.7.R.R. r. 11t Jamaica Station r. Jamaica, NY 11435 - 4 �_ 3. Service Type��� q I MI CertifiedMa GFtQtEjp erss Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mall 0 C.O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2.-Article Number 7003 0500 0003 4345 1096 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-1.-4081_ UNITED STATES POSTAL SERVICE First-Class Mail I II ll I Postage&Fees Paid . Permit No.G-10 • Sender. Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 -E D_:. .MPL ETE THIS SECTION •u•IMM�f6YCYX • • d al1Uxa' • Complete items 1,2,and 3.Also complete AN ignature z • item 4 if Restricted Delivery is desired. t ■\,,.. ■ Print your name and address on the r= " 1,� �, ii , : UNITED STATES POSTAL SERVICE First-Class Mail I ,Il ll I Postage&Fees Paid USPS Permit No.GAO • Sender: Please print your name,address,and ZIP+4 in this box • / PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 �Ln)c-J D : OMPLETE THIS SECTIONearitotarmragxYxeruer[avidariMcr • Complete items 1,2,and 3.Also complete A. Sig -tur= • item 4 if Restricted Delivery is deslied. Agent II ' Print your name and address on the reverse X LG (1-_G Addressee so that we can return the card to you. g, a eived by PrintelAame)i r C. Date,of Delivery- II Attach this card to the back of the mailpiece, �, I or on the front if space permits. /v �C• ��'Z 1. Article Addressed to: D. Is delivery_address different from item 1? ❑Yes if YES,enter delivery address below_ ❑No Joseph Radich 960 Greenfield Lane Southold, NY 11971 3. Service Type Certified Mail 0 Express Mail ❑Registered P Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2.-Article Number, 7003 0500 0003 4345 1072 (Transfer from service label) • - PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE 111111 First-Class Mail PostageUSPS &Fees Paid Permit No.G-10 • Sender. Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 04 1!!!1 S4dit ildfld[ft!llrlililrtiIlldtdthfl dl1tiI#;!!lfdlrl ">, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Zoumas Contracting AFFIDAVIT OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 63 - 1 - 5 -----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold , New York, being duly sworn, depose and say that: • On the day of December , 200 3, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way(driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained,iR place for seven days prior to the date of the subject hearing date, rfisa t g date was shown to be December 18, 2003 , - (Signature) Patricia C. Moore Sworn to before me this 1/' ` day of December, 200'3 . Likj Lii,L ( 7J(e`er'""'`'C` MELISSA McGOWAN (Notary Public) Notary Public,State of New York No.4995913 Qualified in Suffolk County Commission Expires May 4,20 4' *near the entrance or driveway entrance of my property, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel (631)765-4330 Fax:(631)765-4643 December 11, 2003 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE : Zoumas Contracting Premises : 155 Sunnyside Road, Southold, NY SCTM: 1000-063 . 00-01 . 00-005 . 000 Dear Sir or Madam: Enclosed please find the Affidavit of Posting and six (6) signed Return Receipt cards for the above referenced matter. I will forward the last signed Return Receipt Card to you upon my receipt of same. Veryetruly yours, PCak zcia.C,_i1'1oohc Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries December 1, 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : Zoumas Contracting 155 Sunnyside Road, Southold, NY SCTM# 1000-63-1-5 Dear Neighbor: I represent Zoumas Contracting with regard to their property located at 155 Sunnyside Road, Southold, NY. They are seeking a waiver of merger for the above referenced property from 205 Sunnyside Road, Southold, NY bearing SCTM# 1000-63-1-4 . At the request of the Zoning Board the hearing is being re-opened for submission of new information. Enclosed is the Notice of Hearing and a survey. The hearing on this matter has been scheduled for Thursday, December 18 , 2003 at 2 : 10 PM at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very tr4ly yours, (____$& ricia C. Moore PCM/mm Enclosures OFFICE OF ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 November 21, 2003 Re: Chapter 58 — Public Notice for Thursday, December18, 2003 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before December 5th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks, or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. 2) By December 11th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven (7) days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before December 12th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. Please also file your Affidavit of Posting with our department to show proof that the sign will have been posted for at least seven (7) days prior to the meeting. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff U.S. Postal Service,. CEI(' IED MAILTM RECEIPT m (Domest 6 Mail Only;No Insurance Coverage Provided) r-4 For delivery information visit our website atVwww.usps.come Ln m OFFIICIIAL USE Postage $ E3 Certified Fee WM/ A' Postmark‹, t Fee (Endorsement ReMI Retum quired) �E Here �' C Restricted Delivery Fee + 0 O (Endorsement Required) . .I� 43) \g'; Total Postage&Fees �+� - m o ma o Sent To ames t+ermo•y, 'resi•en o L.I.R.R. f`" Utreet,Apt.hfo.; or PO Box No. Jamaica Station Ciy,State,ZIP+4 Jamaica NY 11435 PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal ServiceTM CEF JIED MAILTM RECEIPT p (Domestic Mail Only;No Insurance Coverage Provided) rg For delivery information visit our website atcwww.usps.cofnLii ® .i" O 1 F FIC D A .a U S E M `` -- • Postage $ . lP 0 iJ ®���® m0 Certified Fee 1, 3a ii ��� Postman y 0 Return Reciept Fee f Here (Endorsement Required) :� !� O Restricted Delivery FeeC0 i G ism., O (Endorsement Required) LEI CI Total Postage&Fees $ 4./95 _ m oumas , O Sent To D Daniel Peter Grattan, Jr. N Threat,Apt.No.; or PO Box No. P.O. Box 1710 City,srare,zIP+a Southold, NY 11971 PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal ServiceTM 1-11 CE( )IED MAILTM RECEIPT o (Domesrrc Mail Only;No Insurance Coverage Provided) For delivery information visit our_website at www.usps.come ug C 11 A L E C 1- Postage $ { 0 "f^cti L IJ A 1= Certified Fee , Postmark v' Return t Fee j HQ (E=ndorsementnt Required) 1 im Restricted Delivery Fee / O (Endorsement Required) \ ���' �! Total Postage&Fees $ .`Q S 17I Zoumas O Sent To I=1 Mr. and Mrs. Harry Winterling N Street,Apt.No.; or PO Box No. P.O. Box 1716 City,State,ZIP+4 Southold NY 11971 PS Form 3800,June.2002 See Reverse for Instruction U.S. P stat Service,. izo CEIIED MAILTM RECEIPT p (Domes d Mail Only;No insurance Coverage Provided) r1 For deliveryliinformation visit our website attwww.usps.comy, iv lam/ 1F (t! - if lam! QU 1r=d L tit S E Postage $ (.4913 4°11-1(k) 0 Certified FeeMEIN nA,Return Rectept Fee(Endorsement Required) ®�IO 1 Restricted Delivery Fee ` .;65 f tO (Endorsement Required) Total Postage&Fees $ r Q S rn Zoumas O Sent To Betty Grattan i`- Street,Apt.No.; or PO Box No. r•u. Box 373 City,State,ZIP+4 Southold, NY 11971 ' PS Form 3800,June 2002 See•- r for • true-• U.S. ,_Postal Poral Servicerm m CE )IED MAILTM RECEIPT o (Dome c Mail Only;No Insurance Coverage Provided) r—R For delivery information visit our website atwww.usps.com® Lr) r%"^; ri^ r'=� r"v ;"1 i =yam �-�- m r ,,_' --- .�x f1 tE L �� 8 Postage $ .1p O M 0 Certified Fee / � M ! I=1 Return Reciept Fee d151111110 Postmar C (Endorsement Required) J Here I� Restricted Delivery Fee \. ', c O (Endorsement Required) ,I {Lii V .1.: % t� Total Postage&Fees $ 4.LpS \�\--_- /' In --Z o_uma s CI Sent To Martine Baschnonga , i`- Street,Apt.No; or PO Box No. 500 Sunnyside Boulevard City,State,ZIP+4 Southold, NY 11971 PS Form 3800,June 2002 See: verse f. ."s r . U.S. Postal ServiceTM CEI` IED MAILTM RECEIPT (Domestrc Mail Only;No Insurance Coverage Provided) r-1 For delivery information visit our website at:www.usps.coms m OFF AL USE Postage $ e leO Certified Fee =DTA Return Reclept Fee r (Endorsement Required) �r !. % p Restricted Delivery Fee CI (Endorsement Required) � , co Ln Total Postage&Fees __Zoumas p Sent To Mr. and Mrs. John Senko, Jr. N Street,Apt.No.; or PO Box No. 89 Peninsula Boulevard Orly,State,ZIPr-4 rr Hem stead NY 11550 „ U.S. Postal Service,. N CE 1 IED MAILTM RECEIPT im (Domesruc Mail Only;No Insurance Coverage Provided) 1-9 For delivery information visit our website ac www.usps.com® Postage $ a�O •. �®u�i�®� 0 Certified Fee a,30 t ' 1 0 Return Reciept.Fee ` a Postmark (Endorsement Required) I r 75 J Here iM Restncted Delivery Fee (� V O (Endorsement Required) (tLn ,� 4 Total Postage&Fees $ 4.6 5 MI Zoumas O Sent To CI Joseph Radich N Treet,Apt.No.; or PO Box No. 960 Greenfield Lane City,State,,ZIP+4 Southold, NY 11971 PS Form 3800,June 2002 See Reverse for Instructions, • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT Zoumas Contracting OF (Name of Applicants) MAILINGS CTM Parcel #1000- 63 - 1 - 5 COUNTY OF SUFFOLK) STATE OF NEW YORK) Melissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: . On the 1st day of December , 200 3, I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office • , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. ,(I� (Signature) Melissa McGowan Sworn to before me this N' day of December , 200 3 --7Y7K "7/'7.7 Notary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County PLEASE list, on the back of t?iis IVAi�aPOr on a s't f paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. B AD OF APPEALS C.9 BOARD OF APPEALS Southold Town Hall P.O. Box 1179, 53095 Main Road Southold Town Hall Southold, NY 11971 P.O. Box 1179, 53095 Main�oAtd—� 57(07 Southold, NY 11971 5 14 111 .1 ■■■■■■■■ 11111.1111.111.111111. 1— c1vti mc(QA1/4(1A3 Lmao CR-cftc TO: -;(1\6:;v"M-()-Cli " Sti--C-kAcad / -q (tVi ( . cArpr N"( W135 3S BOARD OF APPEALS Sv 2 BOARD OF APPEALS Southold Town Hall SYS-6P.O. Box 1179, 53095 Main Road Southold Town Hall Southold, NY 11971 P.O. Box 1179, 53095 Main Road Southold, NY 11971 . 11,10 6 ■ N-.N N N■■■ ii TO: p ,1sP�^ ( 1_( Pfd �� N y (19`7 ( l-�j&v J Qo ( N ( PO ( f BOARD OF APPEALS BOARD OF APPEALS Southold Town Hall Southold Town Hall P.O. Box 1179, 53095 Main Road P.O. Box 1179, 53095 Main Road Southold, NY 11971 Southold, NY 11971 �3ys Shy( 111®1111® i-c(y (i ll Gc,vvv, -1---&01 , 2c,.-(-- f\*„. , E66 1901s <q(. ! TO: .c? G, -0 m ed Soup N1( ((qi( S ( ( 977 ,. _ENDER: COMPLETE THIS SECTION WKWUNINWZWIMugartPlvolMMAIFIMir ,Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Agent • Print your name and address on the reverse X Addressee so that we can return the card to you: B. Received by(Printed Nam= Date,of Delivery • Attach this card to the back of the mailpiece, 'JUL 2003 or on the front if space permits.. 1. Article Addressed to: D. Is delivery address differ r,from item 1? 0 Yes if YES,enter delivery address below: 0 No Martine Baschnonga _ 134 Audley Street Kew Gardens, NY 11418 -3. Service Type' e Certified Mail -❑Express Mail .G7,.Registered 0 Return Receipt for Merchandise C ,4 Insurehail ❑-C.O.D. _ 4. Restricted Delivery'1(Extra Fee), ❑ Yes 2.-Acticle.NumbeF._=« 'T VV 27-/- .70=01i i4,14,0; 0..( 9'603 :516.2: (Fiansfe.,..6 r from service latie�; ;_ , .;,,-- PS Form 281 `,August'2001 Domestic Return Receipt2ACPRI-03-P=4081 UNITED STATES POSTAL,SERVICE9 First-Class Mail ,;/. ....`,-;---3 7 � _. Postage&Fees Paid'a Y USPS-- -- (:,_-_-S: F!ij �,`, v - - -'_ . "Permit No:G:10-----, I -- � '7 • Sender: Please print your name,,address,and-ZIP-Kin-his box-*---------- -.."---7I--,..,„:,1- /F� / \,.,„ Patricia C. Moore, Esq.f ,, 51020 Main Road r , Southold, NY 11971 a 1l, ter } �� FI =J/l/l>"------;;;$,e,_ , -y 4: ibf 'P i,e, \ Zoumas - 0 IlifeFlS iII !. t} ! FF iI � IpptIII : hlfII3III3! PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 July 29, 2002 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Oil RE: Zoumas Contracting Corporation 1 155 Sunnyside Road, Southold, NY SCTM#1000-63-1-5 Dear Sir/Madam: Enclosed please find one (1) signed Return Receipt card for the above referenced matter. Very truly yours, Paiitie-a.C.NOW Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosure U.S. Postal ervicz -- EFrNI1ED MAI (DomestIc ail Ohl •No Insurance Covera•e Provided— 1-1.1 '1u1 0 7' 117 1 C { A t S Postage $ - I=1 —13 0— Certified Fee -39 Postmark Return Receipt Fee En (Endorsement Required) S' JUL 1 5 nn C3 Restricted Delivery Fee (Endorsement Required) \\. \ r-R Total Postage&Fees $ 4. 4'\ \c3 Sent To Martine Baschnonga ,9 Street,Apt No, CI or PO Box No. 134 Audley Street City,State,ZIP+4 Kew Gardens, NY 11418 PS Form 3800,Janua 2001 'See Reverse for I. (Wis J v ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In the Matter of the Application of AFFIDAVIT Zoumas Contracting Corporation OF (Name of Applicants) MAILINGS CTM Parcel #1000- 63 - 1 - 5 , COUNTY OF SUFFOLK) STATE OF NEW YORK) IMelissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: •• , On the 15th day of July , 2003, I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. %2(... 4.4o 4t. /2/ l c cicu_d (Signature) Melissa McGowan Sworn to before me this /C day of July , 2003 " MARGARET siUoNp otary Public) Notary i �aeOWYork No. 4982528 Qualified In S J :g rf Commission Expires PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Subject- 1000-63-1-5 1000-63-1-3.2 Martine Baschnonga 134 Audley Street Kew Gardens,NY 11418 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melicaa McGowan Secretaries July 1, 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : Zoumas Contracting 155 Sunnyside Road, Southold, NY SCTM# 1000-63-1-5 Dear Neighbor: I represent Zoumas Contracting with regard to their property located at 155 Sunnyside Road, Southold, NY. They are seeking a waiver of merger for the above referenced property from 205 Sunnyside Road, Southold, NY bearing SCTM# 1000-63-1-4 . Enclosed is the Notice of Hearing, survey and a copy of the tax map showing both parcels . The hearing on this matter has been scheduled for Thursday, July 24 , 2003 at 1 : 50 PM at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM(jmm Enclosures NOTICE OF PUBLIC'HEARING THURSDAY, JULY 24, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, JULY 24, 2003, at the time noted below (or as soon thereafter as possible): 1:50 p.m. Zoumas Contracting #5345. Request for a Lot Waiver under Section 100-26, based on the Building Department's April 3, 2003 Notice of Disapproval, to unmerge lands located at 155 and 205 Sunnyside Road, Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5, containing a described area of +-9,100 sq. ft., merged pursuant to Section 100-25 with an adjacent area of+-18,900, CTM 63-1-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: June 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals .i?.+•.. LOT AREA= 9,048 sq. ft. F.F. ELEV.= 72.5 GAR. ELEV.= 70.5 cesspool / (11) 0 well 1 well greater 45'f than 150' b DMEWNC - PUBLIC WAS 0`"/' NOW OR FORm- Y I�►N11=RUNG 109' s FD. n.Le. OLD STONE cesspool N 66 54'00' (ss,$) 90.00' (69.0) (70.1) 0 Z io N 1` c(.'i• 19.17' _` 35.4' — ci N 0 c 53 r • PROP .. w cn 0 DWELL• po 2 c 4 - rrt co en b m n 1 -— Cn y o d I - - - - El TEST HOLE tJ 6 p GAR PROP DRIVE. •0 --35.0' 19.17' - - - - o t 0. (69.6) ROAD td 0 (66.5) prop well S 66'54.001°W0 90.00' 654'00"W90.00' (67.6) FD --moi L gglG EAST FD. R.R. MON. 1IIIIIIII1R1R.111IIIII1111111IIIIIIIIIIIIIIITEST HOLE BY McDONALD GEOSCIENCE 11-1-2002 z 1, — dark brown loam OL 2 5, — brown silty sand SM pale brown fine NOTE: LOCATION OF ADJOINERS WELLS to coarse sand AND SANITARY SYSTEMS BY OTHERS AND ARE NOT GUARANTEED. SW 17' — THE EXISTENCE of RIGHT OF WAYS AND OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. 3-21-2003 REVISED DWELLING THE OFFSETS (OR DIMENSIONS) SHOWN HEREON FROM THE STRICTURES TO THE PROPERTY LI4ES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT JOB No. 02-458 FILE No. 798F INTENDED TO GUIDE THE ERECTION OF FENCES. RETAININ O WALLS. POOLS. PATIOS, NRNO AREAS. ADDMON inealoN6S OR ANY OTTER °DP ON' . SURVEYED FOR ZOUMAS CONTRACTING CORP. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7200 OF THE NEVI YORK STATE EDUCATION LAN. GUARANTEES INDICATED HERON SHALL. RUN ONLY TO THE PERSON FOR WHOM THE SITUATED AT SOUTHOLD SURVEY IS PREPARED, ANO ON HIS BEHALF To TIE TITLE COMPANY, OOVERNYFMAL AGaiCY Aho tF?iDITTO vISTTUIION-USTED FLOJ,'AND To THE ASSIGNEES-OF 7HE LENaNG INEIRRR ON:gUARMIV ARE NOT TRANSFSBABLE To ADomoNAF.-INSmvnONs TOWN OF SOUTHOLD — SUFFOLK COUNTY N.Y. OR-SUESEOUIDIT CARERS. SES OF MIS timer MAP NOT WONG ONE LAND MAW:Otil HIKED SEAL OR SCALE 1" = 30' DATE 10-22-2002 Ef®OS SEAL SHALL NOT BE CONSIDE' TO SE A VALE TRUE COPY. FILED MAP No. DATE CERTIFIED ONLY TO: TAX MAP No. (REF ONLY) 1000-63-1-5 DISK 500 ZOUMAS CONTRACTING CORP. SUNRISE ABSTRACT CORP. HAROLD F. TRANCHON JR. P.C. LAND SURVEYOR F—r P.O. BOX 616 1866 WADING RIVER—MANOR RD. WADING RIVER, NEW YORK, 11792 N.Y. LIC. No. 048992 631-929-4695 HAROLD F. TRANCHON JR. PENN. LIC. 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B �q 0•• •P 3 0 �% B '� 12.1 ,+�P\d qi� 2.84(c)' '11'0, a WOOP 6 S \ - _ - ,v�'1 ;TT:.PATRICKS CHURCH 10 661 � O sfi W • - 1 25 10.2L4A(G '5 .3 >mit.)"..: Ilo � � 4.SA(G Q � o dsm /� 1 q.F .. 11} wsb BwaB\� sfSE1 9!yfi 4. t° j '% `� PyB o QCs a ,* s ti19• rOcxE•q "0 . S B 9 'IP CT 'tRY UNIVERSALIST 8 sOUT000D sCH000 OISTPoCT N°.5 0.5 y• '�8 $ ��§ op 13 �} a•gyp a'� 1 CHUNCHa E ��y s'''',,6 ay � `. 1.8A(cJ - 6.2 ���� s, FOR PCL.N0. ,�' •�,4ge tg B' 15 y '� 6,1 3. •( ,� '°' Z ZE s 4 m SEE SEC.N0. B a 2 .i.e n ;n f -a 4 -'-.;-5:4"---i--,,-:"; ti -71 !! g >m $ 070-02-023.1 itio*3 $ ,� Sep 41 „ ` { x 7 N 308 000 IQ ® 'e'$ C+ `6• ,4 tP '11‘.fi 7 op \•• $ �.. �t '' •4 a p er'.1,r1-1'',7:7-..'",'".;41..,:%,...,rz r� r 3 Y 3 e7 MATCH L LINE '� 'd d' •so Qx „-.:-t ? s,: =¢ ��. �,.,? 4. ..:' ... : .. r , ``',mss � . xC-r �_ 2 d a 9i .- N�a- PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 July 17, 2003 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE : Zoumas Contracting Corporation Premises : 155 Sunnyside Road, Southold, NY SCTM: 1000-063 . 00-01 . 00-005 . 000 Dear Sir or Madam: Enclosed please find the Affidavit of Mailing with one (1) Certified Mail Receipt for the above referenced matter. We will forward the signed Return Receipt Card to you upon our receipt of same . Very truly yours, Pa:I/UCLA ei.Lnio0A,c. Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosure PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 July 8, 20031144'E 1 Zoning Board of Appeals JUL °� 1 ® 2003 Town of Southold P. u. Box 1179NY Southold, 11971 ®�aoed RE : Zoumas Contracting Corporation Premises : 155 Sunnyside Road, Southold, NY SCTM: 1000-063 . 00-01 . 00-005 . 000 Dear Sir or Madam: Enclosed please find the Affidavit of Mailing, six (6) Certified Mail Receipts, the Affidavit of Posting and four (4) signed Return Receipt Cards for the above referenced matter. We will forward the balance of the signed Return Receipt Cards to you upon our receipt of same. Very truly yours, ad AA-- (1 7)?00 Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures ■ Complete items 1,2,and 3.Also complete A.Sign item 4 if Restricted Delivery is desired. ❑.Agent • Print your name and address on the reverse X ► /// ❑Addressee so thatwe can returnythe card to you. B. ived by P ntedry e C. D e elivery ■ Attach this card to the back of the mailpiece, G __., s!J3 or on the front if space permits. D.`Is delivery address differ f 6X-i -. j es' 1. Article Addressed to: if YES,enter delivery a die . •BIM ` Mr. and Mrs. John Senko, Jr. A �1 Z J�JL Ca 5 89 Peninsula Boulevard , Hempstead, NY 11550 2003 3. Service Type 0 Certified Mail ❑Express Mail 0 Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4, Restricted Delivery?(Extra Fee): 0 Yes 2.-Article Number _ (Transfer from service labelf_ .1,1 1.7.1;1,13k_2 510 g 0,0 2 s 96031 5 2.. 1-4,t ; __ PS Form 3811,August MO1 Domestic Return Receipt 24CPRI-03-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail Postage&lees Paid USPS Permit No.G-10 e Sender. Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Zoumas insiis,:iiihisillifimiiiiiii.iilisisiisiii„,i:iii::misi1 ■ Complete items 1,2,and 3.Also complete .n • '1/ item 4 if Restricted Deliveryis desired. .► ! r'❑VAgent • Print your name and addrss on the reverse rifidA i/lA/ •IA ddressee so that we can return'the card to you. B. ReceivedtbFQy(•rin„ jkrne) ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D:Is d: ery=..rre s'clifferent from- d Yes' 1. Article Addressed to: if ES,en delive ad ress°kieio , ?�"�!'❑No Mr. and Mrs. Harry Winterling P.O. Box 1716 Southold, NY 11971 3. Service Type ®Certified Mail q Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D, 4. Restricted Delivery?(Extra Fee)f 0 Yes 2.-Article Number, (Transfer frop service label) : :'; .7001 ;281.0 :0002 9603 5278: ` PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Pees Paid USPS Permit No.G-10 • Sender. Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Zoumas iit EI IYl ifltil143 It//it Ililltfhirrl it 1111.04111111 it 3401e14: •u• . gfixeireg .0101 I IN4IMM:IbY.1*IIMIVIILU4A1%41' a � MIA. Sinature Complete items 1,2,and 3.Also complete 9 item 4 if Restricted Delivery is desired. / G� a drgen sd ■ Print your name and address on the reverse . `Ibin.1/r/ 0 Addressee so that we can return the card to you. B. -eceived (•" ted Nar )L 5. Ian Deliv.ry • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address qfferrntt frm item i D Yef 1. Article Addressed to: if YES,enter deliveryeskbel w: ?��"7 ,o" Betty Grattan P.O. Box 373 Southold, NY 11971 -3. Service Type CertifiedMail D Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Nf (Transfer froommservice label) 1 7001 2510 0002 9603 5285 s PS Form 3811,August 2001 Domestic Retum Receipt 2ACPRi•O3•P=40P}— UNITED STATES POSTAL SERVICE First-Class Mail 11 II I Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name,address,and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Zoumas til.ula: . -g41/4/01My eirtfoi Newi'<fisarmr:flxzxjrcmioffuxlINWr III Complete items 1,2,and 3.Also complete A.S'! rJ /1444:1' item 4 if Restricted Delivery is desired. y ' // ` : A9� '� • Print' your name and address on the reverse � �� ���/ f �/��7 � a ressee so that we can return the card to you. B. Received by(Pn d'Nams) C ate of belive ■ Attach this card to the back of the mailpiece, J� ��®®� or on the front if space permits. :ohr2T _ L:,�Pi/ 1. Article Addressed to: D.Is delhrery address.ifferetlt frq item 1? q Yes f w � - if YES,enter delivery addrPssst Blow ---13.140 Daniel Peter Grattan, Jr. V , and another P.O. Box 1710 Southold, NY 11971 3. Service Type M Certified Mail ❑Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2.-ArticlNumber, 7001 2510 0002 9603 5292 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 24CPRI-03-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name,address,and ZIP+4 in this box • • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Zoumas U.S. Postal Service CE'" 1 ►I _ _ R (Dom _ ;it OM •No Insurance Covera.e Provided a ..o mI t O G Postage $ .4 o -n n iF Q— Certified Fee 07,3o &' �_ Postmark �" S` ru Return Receipt Fee I �( i�efe p (Endorsement Required) ( o 7 S II-' . y , t Restricted Delivery Fee �'t CPTi (Endorsement Required) \ = V (.3, ,q Total Postage&Fees $ `T • S `ql� LnZ uma s rV Sent To Joseph Radich a Street,Apt No; IMI or PO Box No 960 Greenfield Lane Ors- City,State,ZIP+4 Southold, NY 11971 PS Form 3800,Januar 2g 111C1 '11-2=111R—T:1 IN Di: CE. . I u . ; __ 2 (Do .it Onl •No Insurance Covera•e Provided ru - Er ru Jr-: m / '(sz 0 Postage $ a (.P�1 • IT' Certified Fee l . a m 3 D -r y i �Postmark ru Return Receipt FeeMI= q E Here ) (Endorsement Required) O �, / Restricted Delivery Fee _ = ,, CO (Endorsement Required) / it O1 Total Postage&Fees $ / o (p Zoumas Ln ru Sent To Daniel Peter Grat an; Jr. and another a Street,Apt.No, P.O. Box 1710 O or PO Box No. N City,State,ZIP+4 Southold, NY 11971 P F.rm••:1• n Iii Y71:1Mf :StTIIMITI[4linr: Ilnlp • . `Z.i?1 . .. CE`T'9ED Mi III.1X6] I2 (Do it Qnl •No Insurance Covera•e Provided cor ru �� 0 F .T �`:_^ [ �, f! li S E m Postage $ -4P(7 O c„14._ Er Certified Fee b r. fig✓ h1 Ci" Postmark ru Return Receipt Fee �S fC..)Here ED (Endorsement Required) 0$ a 7s. , G Y Restricted Delivery Fee « C3 (Endorsement Required) 11:,17,,-,;, ,meg C,� CI $ f03�5� ,� Total Postage&Fees `� a „� �. ,Dumas Sent To Mr. and,Mr . a,r,xf Winterling a Street,Apt.No., O or PO Box No P.O. Box 1716 NCity,State,ZIP+4 , Southold, NY 11971 PS Form 3800,Janua 2001 8--•ev-rs- •r n tru t=- WrilliZt"47111•"1:Teffei= r- 1411JIMIIMO401I2 (Dom .II Onl No Insurance Covera•e Pro vi•ed_ u7 ` u7 0 r 1=r het` i'p l Pl p Postage $ /-74/ O-' Certified Fee oC.3 c' ru Return Receipt Fee yy" Her 1=1 D(Endorsement Required) (e 7�`� Restncted Delivery Fee (Endorsement Required( \ a Total Postage&Fees $ 4. 5\ vu Z our�a s ru Sent To Betty Grattan ra Street,Apt No, O or PO Box No. P.O. Box 373 [ti City,State,ZIP+4 Southold, NY 11971 PS Form 3800,Januar 2001 See Rev-r e for nst u do - IFIMUMMIRTrite-- CE ED MAIL RE -El gi--- ,(Dom ail Only;No insurance Coverage Provided. u7 • ru U, m O PostageMEE ' C"^1 .�' 4c1 Er Certified Fee ,;2 m 3 ��- x c'-r 4s P^� , Postmark �••. ru Return Receipt Fee 111111111111 ,, 1 Here O (Endorsement Required) ted Delivery Fee \7,.;'N�� ' (Endorsement Required) ,,`� CO ,a Total Postage&Fees $ 4.1 �*d Ill . Zoumas/ ru Sent To Mr. and Mrs. John.�Seenko, Jr. r l Street,Apt No; or PO Box No 89,Peninsula Boulevard 0 cfry,State,zrP+a Hempstead, NY 11550 P F.rm :$$ in 1 '11-1 - Ft-'verse for in ru u•>Iv er CER- rel ' 11A : •34I2_ (Dom -il Only;No Insurance Coverage Provided 0 rn p Postage $ o is 0 [S' Certified Fee o 'er :"`. ..ii . PostriS ru Return Receipt Fee rr r � Here'S; ' O (Endorsement Required) t o /S !P .�, p O ice' Restricted Delivery Fee III& Q (Endorsement Required) +„lel` O� Total Postage&Fees $ 11, 6 � ° = r aouma-s) ,, M• I Sent To .5 '''''''/Martine Baschnonga '-q Street,Apt No, O or PO Box No 500 Sunnyside Road co Cry,State,ZIP+4 Southold, NY 11,971 PS Form 3800,January.2001 See Reverse for Instruc ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In the Matter of the Application of AFFIDAVIT Zoumas Contracting Corporation OF (Name of Applicants) MAILINGS CTM Parcel #1000- 63 - 1 - 5 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Melissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: • On the 2nd day of July , 2003, I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street,-or vehicular right-of- way of record, surrounding the applicant's property. • 72a1 Ultia (Signature) Melissa McGowang Sworn to before me this 2ndday of July , 200 3 otary Public) MARGARET O. Kblic,State of ork • Notary No. 4882528 Qua%podISuffolk �Jun�3....�.:+O / PLEASE list, on the back of this $°r on a sheet of paper, the lot numbers • next to the owner names and addresses for which notices were mailed. Thank you. 411 Subject- 1000-63-1-5 1000-63-1-3.2 Martine Baschnonga 500 Sunnyside Boulevard Southold,NY 11971 1000-63-1-8.2 Daniel Peter Grattan, Jr. and another P.O. Box 1710 Southold,NY 11971 1000-63-1-6 Betty Grattan P.O. Box 373 Southold,NY 11971 1000-63-1-4 Mr. and Mrs. Harry Winterling P.O. Box 1716 Southold,NY 11971 1000-63-5-21 Joseph Radich 960 Greenfield Lane Southold,NY 11971 1000-63-5-12.1 Mr. and Mrs. John Senko, Jr. 89 Peninsula Boulevard Hempstead,NY 11550 1110 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski MelissaMcGowan Secretaries July 1, 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : Zoumas Contracting 155 Sunnyside Road, Southold, NY SCTM# 1000-63-1-5 Dear Neighbor: I represent Zoumas Contracting with regard to their property located at 155 Sunnyside Road, Southold, NY. They are seeking a waiver of merger for the above referenced property from 205 Sunnyside Road, Southold, NY bearing SCTM# 1000-63-1-4 . Enclosed is the Notice of Hearing, survey and a copy of the tax map showing both parcels . The hearing on this matter has been scheduled for Thursday, July 24, 2003 at 1 : 50 PM at Southold Town Hall . If you have any questions , or you wish to support this application, please do not hesitate to contact me. Very truly yours, iCa- `mcg Patricia C. Moore PCM(I Enclosures • • • 0 lb NOTICE OF PUBLIC HEARING " THURSDAY, JULY 24, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, JULY 24, 2003, at the time noted below (or as soon thereafter as possible): 1:50 p.m. Zoumas Contracting #5345. Request for a Lot Waiver under Section 100-26, based on the Building Department's April 3, 2003 Notice of Disapproval, to unmerge lands located at 155 and 205 Sunnyside Road, Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5, containing a described area of +-9,100 sq. ft., merged pursuant to Section 100-25 with an adjacent area of+-18,900, CTM 63-1-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: June 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals , OP III LOT AREA= 9,048 sq. ft. - F.F. ELEV.= 72.5 GAR. ELEV.= 70.5 cesspool ;,, well 5") . 1 well greater 451* than 150' i//' DWELLING - PUBLIC WAS ,O �f� NOW OR FORMERLY W►N 109' Fp, 1ERUNG n.t.e. OLD STONE cesspool N 66'54'00' (66,6) 90.00' (69.0)%.4.4, (70.1) e z ' Co Ivco ). a. , 19.17' 35.4' — O O o, COTV C c) r PROP CZ CC) Q 0 cn DWELL I • Zo 0 v E . L. 4 ref ED tA CD _ H 0 0 -ii TEST HOLE t29 o GAR • eh PROP DRIVE. G 19.17' o 35.0' — — t o (69.8) ROAD w 0 (66.5) • r0 wel I S 66 54'00"W90.00' (67.6)PFD LEANING EAST FD. RR. MON. L.I.R.R. �����������0���1���II��I������I��IIIIIIIIr�Ir� TEST HOLE BY McDONALD GEOSCIENCE 1 1—1—2002 ' —_ dark brown loam OL 1brown silty sand SM 2.5'— pale brown fine NOTE: LOCATION OF ADJOINERS WELLS to coarse sand AND SANITARY SYSTEMS BY OTHERS SW AND ARE NOT GUARANTEED. 17' — THE IDOSTENCE OF RIGHT OF WAYS AND OR EASEMENTS OF RECORD. IF ANY, NOT SHOWN ARE NOT GUARANTEED. 3-21-2003 REVISED DWELUNG THE OFFSET'S (OR DIMENSIONS) SHOWN HEKON FROM niF STRUCTURES TO THE PROPERTY LIES ARE FOR A SPECFC PURPOSE AND USE AND THEREFORE ARE NOT JOB No. 02-458 FILE No. 798F INTENDED TO GUIDE THE ERECT1ON OF FSC. RETAINING WALLS. POOLS, PATIOS, G AREAS, ADDmON TO BULDI"GS OR ANY°ham CONSTRUCTION. ' SURVEYED FOR ZOUMAS CONTRACTING CORP. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7200 OF THE NEN YORK STATE EDUCATON LAW. GUARANTEES INDICATED HERON SHALL RUN ONLY TO TIE PERSON FOR WHOM THE SITUATED AT SOUTHOLD SURVEY IS PREPARED, ANO ON HIS BEHALF TO THE TILE COMO" GOVERNMENTAL AGENCY AND LENDING N!RTU11ON LISTED L- ON.WM TO-THE A 'OF-THE LENDING INSITRJTION. OUAiANTE S ARE NOT TRANSFERABLE TO ADOMON*L INSTTDMOt6 TOWN OF SOUTHOLD — SUFFOLK COUNTY N.Y. OR SUBSEQUENT OWNERS. SCALE 1- = 30' DATE 10-22-2002 mess OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR ENAOSSED SEAL.SHALL NOT BE-CONSIDERED TO BE A VALD TRUE COPY. FILED MAP No. DATE CERTIFIED ONLY TO: TAX MAP No. (REF ONLY) 1000-63-1-5 DISK 500 YOUMAS CONTRACTING CORP. SUNRISE ABSTRACT CORP. HAROLD F. TRANCHON JR. P.C. LAND SURVEYOR Q F�/ P.O. BOX 616 iii,jet 1866 WADING RIVER—MANOR RD. WADING RIVER, NEW YORK, 11792 N.Y. LIC. No. 048992 631-929-4695 HAROLD F. TRANCHON JR. PENN. LIC. No. 2115—E 7 01* "*° =' � t•= ` -' -.-_:.-..; �- g` ,.�a .6 35 ' ;^ SA(G {/1 . 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't?'" >m �_ _ 2 a. .. 4 ~rt .. t�, • a. • ZONING BOARD OF APPEALS • TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of Zoumas Contracting Corporation AFFIDAVIT OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 63 - 1 - 5 COUNTY OF SUFFOLK) STATE OF NEW YORK) Patricia C. Moore residing at 370 Terry Lane, Southold , New York, being duly sworn, depose and say that: eAtu On the "- day of July , 200 3, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster ha emained in •lace r seven days prior to the date of the subject hearing :te, whi. • -:•ri ? ate was shown to be July 24, 2003 Signature) Patriciai'C. Moore Sworn to before me this ' ' day of July, 2003. W U-1 c44 ( %?2° awou,, (Notary Public) MELISSA McGOWAN Notary Public,State of New York • No.4995913 Qualified in Suffolk County Commission ee*near the entrance or driveway Expires poy 4.pT� as the area most visible to passersby. _iaDIDIA7 0 ulna aVinil:YCYxetnal Itignuamocusladiromovsnaivixa ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /1 I ❑Agent • Print your Flame and address on the reverse . ./_ L_ '_A O_ 0 Addressee so that we can return the card to you; B.4ecphred by(ainteddliuned C. II ate of Delivery ■ Attach this card to the back of the mailpiece, /LC , or on the Pont if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Y,es If YES,enter delivery address below: 0 No Joseph Radich 960 Greenfield Lane Southold, NY 11971 -3. Service Type ®Certifled Mail 0 Express Mail- 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee)• 0 yes 2. Article Number (Transfer'fro'rn.service,labe`lji r`.� 7 0 0j1;,25 1 0 ' 000,2'. 9 6c13,': 5 2,61;e_ - PS Fo3811,August 2001 rm Domestic Return Receipt 2AOPRi-o3-13-4081 UNITED STATES POSTAL SERVICE �`� gost5 e s Fsaid I m -USP -Permit Ntr-0 fO' -— d. I^ MI r� a ® Sender: Please print yoi r I address, and ZiP min thisabosr'�"""- PATRICIA C. MOORE • ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Zoumas Il1111k1FI�`l131�1Si1fltl�i�lfl[Ifti!llllil�ilfl�Ill�tiiii�ilf (( I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 July 14, 2002 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Zoumas Contracting Corporation 155 Sunnyside Road, Southold, NY SCTM#1000-63-1-5 Dear Sir/Madam: Enclosed please find one (1) signed Return Receipt card for the above referenced matter. Very truly yours, PabucLet,67)/00.4i Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosure f •