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Home My WebLink About7943 -Pr i--*lc-PP�Os PLC- �, q _ b D-evit.ed 2 0 n+a§ Covl�lra. � 155 S�.r+n�sic . Rdl r �3 5b `�� { `� .�� )LJ�✓, �L� f�j� �Lt i�Pam) Owner: Pristine Projects LLC File #: 7943 Address: 155 Sunnyside Rd N Code: 17PA S Agent Info Patricia Moore, Esq. 1- 51020 Main Rd Southold, NY 11971 Phone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com C�Dv I bIqlAl n � YDY, BOARD MEMBERS ��0f S0l9ryo Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O. Box 1179 .� Southold,NY_11971-0959 Patricia Acampora p T Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU Southold,NY 11971 RECEIVED http://southoldtownny.gov 4—�� 6 /' 4q ZONING BOARD OF APPEALS N 0 V 2 5 2024 TOWN OF SOUTHOLD Aw, Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2024 ZBA Application No.: #7943 Applicants/Owners: Pristine Projects,LLC Property Location: 155 Sunnyside Road, Southold,NY SCTM: 1000-63-1-4 & 1000-63-1-5 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 further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 28, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject lot,particularly known as SCTM No. 1000-63-1-4,a non- conforming lot is 10,100 square feet in size and located in the R-40 Zoning District. The lot measures 90.36 feet along the northerly property line, measures 114.41 along the westerly property line, measures 90.00 feet along the southerly property line and 111.26 feet along the easterly property line fronting Sunnyside Road. This lot is improved with a one-story frame dwelling with an attached screen porch and an accessory frame garage as shown on survey prepared by Harold F. Tranchon, Jr., L.S., dated August 9, 2007. The second subject non-conforming lot, particularly known as SCTM No. 1000-63-1-5, measures 90.00 feet along the northerly property line, 101.00 along the westerly property line, measures 90.00 along the southerly property line, and 101.00 feet along the easterly property line fronting Sunnyside Road. This lot is currently vacant as shown on survey prepared by John T. Metzer,L.S., last revised June 2,2021. BASIS OF APPLICATION: Request for a Waiver of Merger petition under Article 11, Section 280-10A, to unmerge land identified as SCTM No. 1000-63-1-5 which has merged with SCTM No. 1000-63-1-4, based on the Building Inspector's May 13, 2024 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot.size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District); located, 155 Sunnyside Road, Southold,NY. SCTM Nos.1000-63-1-4 and 1000-63-1-5. ;A it Page 2,November 21,2024 #7943,Pristine Projects SCTM No. 1000-63-1-4& 1000-63-1-5 ADDITIONAL INFORMATION: A prior owner of the subject parcel made application to the Zoning Board for a waiver of merger in 2003. The application was then withdrawn on January 22, 2004 while there was a pending Supreme Court Claim made by the adjacent landowner. As in this application, the Zoning Board found that the property was transferred to a non-family member, and received relevant evidence that the properties were merged by operation of law. The subject lot 1000-63-1-5 was then transferred by deed to the current owner, Pristine Project, LLC, on November 12,2021, which again, not having any familial relation to the owner of lot no. 1000-63-1-4. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Pursuant to Section 280-11 (B), if the lot has not been transferred to an unrelated person,the Board must engage in a balancing test of three(3)factors to determine whether the lot is eligible for a waiver of merger, namely,whether(1)the proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood, (2)the lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation, and (3)the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. The Zoning Board of Appeals held a public hearing on this application on October 3, 2024, at which time written and oral evidence were presented. Pursuant to § 280-11(A)the Applicant acknowledges that the two lots were merged prior to his purchase from the previous owner who he is not related to and therefore applicant could not submit documentation, to the satisfaction of the Board that there have been no transfers of ownership of the lot outside the family since the time merger was in effect. Consequently,the application is not eligible for a waiver of merger. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11,motion was offered by Member Acampora, seconded by Member Planamento, and duly carried to DENT'the waiver of merger as applied for Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Lehnert, and Acampora. Leslie Kanes Weisman, Chairperson Approved for filing �/ Q /2024 SCDHS REF. NO. R-21-1150 ---LOT L_OT COVERAGE S. C. T. M. # 10 0 0-63-01 -0 5 LOT AREA = 9048 sq.ft. "ecei f e6 I G� 1218/9048 = ,13%, CERTIFIED TO, RAIN RUNOFF CONTAINMENT GEORGE GEORGIADIS HOUSE - 1218 sq.ft: FIDELITY NATIONAL TITLE SERVICES, INC. eels 1218 x 0.17 =207 cu.ft. \7_06V119 oard of APP 207142.2 = 4.9 VF of do Provide 2 D. 8'0 x 3' deep 7d be connected with gutters and leadersNouSEToo Lro y g0-00, g NCIN . EL 3�• N �� ' 9 No QO P� '00 P� N 5,.tAtN a St !o'd�,G� s SuN I m P H o�o� u, 3y 5 cnc-O EL SURVEY OF PROPER T Y -c� LA A a C O !ems' ir'241 �6 O� { �su�rrAei°coTMVFR STOPPER END Off`f� f104'V�v51 •O OPT OR PWG s AT SOUTHOLD �2� o17:_ SEWER PIPE TOWN OF SOUTHOLDZA PW 1PE FC1� 3a ELBOW • P 3'N PROPOSED SEPTIC SYSTEM Y SUFFOLK COUNTY N. b' 0 00, 0?'E (4 BEDROOMS) � � Cn g �� € _12o0.X GAL. SEP..TIC.TANK CLEAN 6a w� SCALE- ��= 3O O 1 8'0 12' DEEP' LEAC€VING POOL our DErA/L MARCH 28, 2�2� rEsr HoLe ��, � o 00. W �` - "'� JUNE 2, 202! (Revisions) BY McDonald Geoservlces Oct '� E� 3�• �! r 665 \ 339 7 1/25/202! uA OG $ RA11- yMON \ NpRTN A HOUSE elate or other Cost Iron OWN F.P. EL.36.5 euitale cover- Locking Cover BROWN TY O R ON stopper end plug FINISHED GRADE SILM FINISHED CFi/DE 3_ SAND $bJ � LE 1 Y masonry chimney 2Z „ Q 31F� _ 6'MIN. 12 SSQ00 clean out E OP N8 r LE. t; I4• 19' I.E. m eo a + QQ ..ti 6• t I.E mmo ( �`- Or ' 1/4• per foot min. P4 J•i•'2 ? 8 30,71/8'per foot min 30•q m eo o pq ``��S 15 --.,x__ min. 4'dia. pipe pitdi min.4�dia.Pipe m ma ,p�,T. IVO,� O W` class 2400 pipe or eQual 4 ._ — class 2480 pip.or equal a m o o m 3' MIN ('�i4• �j 3' MIN a m m e m m a COLLAR NO WET r 0'CIA. COLLAR mm=—= m mmo PALE wmm— c mmmc C J 0 m 0 —com A ; BROWN ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION m m m m e,m m a m v,, am.m_ emmmm FINE OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, mm m=-m ea m° o o v m m—o—eo m a c SAND SP EXCEPT AS PER SECTION 7209-SUBDIVISION 2..ALL.CERTIFICA TIONS m m m__�m m m v SEPTIC SYSTEM DETAIL N N Y.S. LIC NO.. 49618 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF a 6•m o : SAID MAP OR COPIES BEAR. THE IMPRESSED SEAL OF THE SURVEYOR LEACHING POOL WHOSE SIGNATURE APPEARS HEREON. = >' P S, P.C. 17 A DO[TIONALLY.TO COMPLY WITH SAID LAW THE TERM -ALTERED BY' GROUND WATER f631 �" ' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY P-..O,' BOX 909 OF ANOTHER SURVEYORS MAP. TERMS SUCH AS INSPECTED' AND r 1230 TRAVELER STREET `BROUGHT-TO-DATE' ARE NOT IN COMPLIANCE N7TH THE 'LAW. ELEVATIONS ARE REFERENCED' TO NA VDatum SOUTHOLD, N.Y. 11971 2.1`0 0 6 LOT AREA = 10.110 SQ. FT. NOW OR FORME RLY CHARLES. RUTKOWS F N 88°54'10J. KI fjyAf ®8 2024 0.36 -b� .4 rd of . o plats ^ 4 t 9' y}ON FR 0 GAR N Y w ASPHALT ORl1/Rlygy N 24.2' w W . N ry Q r e— U 0 J � Ld ` LL1 w • . LJ 24.4' 25.2' w O 00 o O Z 60 0 00 o N z roofed over (n st W= 7.$oop 5' WUO � 14.00 4 wood romp i� S 66°54'00» NOW OR FORMERLY � 90. 00' Y CHARL o ES RUTKOWSKI � 0 LONG ISLAND RAILROAD THE E7QSIEI�CE OF RHt31Ir OF MiAY5 AND OR EASE3fFNi5 OF RECORD, IF ANY, NOT SHOWN ARE NOT OUARANIEED. 7HE OFFSETS(OR DIMela 15)SHOWN HEREON FROM THE STRUCTURES TD THE PROPEW LINES ARE FOR A SPECIFIC PURPOSE AND USE"ND THEREFORE ARE NOT JOB No. 07-247 FILE No. 881 F ifflemm To Maw THE QtQ.M OF FENCE$ WANING MEAL-%FOOLS.PATIOS, PLANTINo AREAS.ADOMON TO ENJUNGs OR ANr OnM CONSTRUCTION. SURVEYED FOR JANICE BRANDFON uWLLRHOR m ALTERATION OR ADDMM M THIS SURVEY IS A VIOLATION OF SWRON 7= OF THE NEW YORK SWE EX=llON LAX GWIRANTEM INDICNIM HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM_THESITUATED AT SOUTHOLD SURVEY M PREPARED,MID ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGETICY AND Amallo HNSnnn om:L w HEREON.AND TO THE ASSIGNEES OF THE LtNMNo INsrtnHIION. GUARANTEES ARE NDr TRANSFMME M ADDITIONAL INSTI =N5 TOWN OF SOUTHOLD, SUFFOLK COUNTY. N.Y. OR SUBSEIM:Nr O*9W OF THIS SUMU MAP Nrn..e aNG LMo .g INKED SEAL,OR SCALE 1° = 20' DATE 8-9-2007 OB09Sm CAI.SHALL NOT BE CON �YLiI ID TRUE COPY. ,�� ® FILED MAP No. DATE -CERTIFIED ONLY �. q•`S, AIVC TAX MAP No.(REF ONLY) 1000-63-1-4 DISK 2007 JANICE BRANDFON �' FIDELITY NAIIONA T1TL N INSURANCE CQM OF NEW YORK HAROLD F. TRANCHON JR. P.C. ��- LAND SURVEYOR P.O. BOX 616 �o• 0439sp, A� 1866 WADING RIVER—MANOR RD. WADING RIVER. '• �a NEW YORK. 11792 `O LAM `� °Y. LIC. No. 048992 631-929-4695 HAROLD F. TRANCHO —J PENN. LIC. No. 2115—E �M1 COUNTY OF SUFFOLK Ck ✓ �"" � � EDWARD P.ROMAINE 1 - IUtiGtt�/1� SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE 12A {Z_3 COMMISSIONER JI `j ELISA PICCA CHIEF DEPUTY COMMISSIONER June 28, 2024 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal He Number Alexander White #7940 Oregon Rd Estates Vineyard, LLC #7941 Joseph Vangi #7942 Pristine Projects, LLC #7943 Thomas Bradford #7944 Cedars 1883 LLC #7945 Very truly yours, By Christine DeSalvo Joseph E. Sanzano, Planning Director JES/cd Division of Planning &Environment H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,2n°FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 G PATRICIA C. MOORE Received Attorney at Law 51020 Main Road OCT 2 2 2024 Southold,New York 11971 Zoning Board of Appeals Tdl: (631)765-4330 Fax: (631)765-4643 Betsy Perkins Paralegal Madison.Messina,Paralegal October 22,2024 BY HAND and EMAIL Zoning Board of the Town of Southold Town Annex/First Floor 54375 Main Road Southold,NY 11971 Re: 155 Sunnyside Road, Southold 1000-63-1-5 (vacant lot) Appeal#7943 AMENDMENT OF APPLICATION IN APPEAL#7943 Dear Chairperson Weisman and Board: We hereby amend the application submitted in the above referenced appeal to include a request for this Board to modify the determination made by the Southold Town Building Department in its Notice of Disapproval dated March 11,2024. It is requested that the Notice of Disapproval be modifed by the Board to stater: the proposed vacant lot, "a nonconforming 9,048 SF lot in an R-40 District is not permitted pursuant to Section 280-18 Bulk Schedule for R-40 which requires a minimum lot size of 40,000 SF. Minimum lot width of 150 and lot depth of 175." Following the proposed subdivision (re-subdivision),this lot will be 9,048 SF,lot width of 101 on Sunnyside Road with lot depth 90' depth. 1 Under the provisions of New York Town Law section 267-b(1)a zoning board"may modify the order, requirement,decision,interpretation or determination appealed from and shall make such order,requirement decision,interpretation or dertermination as in its opinion ought to have been made in the manner by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order,requirement,decision,interpretation or determination the appeal is taken. The Board should find that property owners are not required to seek a"waiver of merger" when a given property does not qualify for a"waiver"under the provisions of Southold Town Code sections 280-10 and 280-11. (A property's nonqualification is identified in the"single and separate search"which is submitted with applications for under-sized parcels). In your determination it is respectfully requested that you provide clear guidance to the building department confirnming that no waiver of merger application is necessary prior to the request for an area variance for an undersized lot. The building envelope shows a conforming 25.2' "average front yard setback"and a conforming 35' rear yard setback. The owner has Health Department approval for the lot. Ve y yours, ricia C. Moore cc: Southold Town Attorney Pristine Projects LLC FORM N0. 3 Received TOWN OF SOUTHOLD BUILDING DEPARTMENT jUN 0 3 2024 SOUTHOLD,N.Y. Zoning Board Ot APP" NOTICE OF DISAPPROVAL DATE: March 11, 2024 Renewed: May 13,2024 TO: Patricia C. Moore (Pristine Projects LLC) 51020 Main Road Southold,NY 11971 Please take notice that your application received February 8, 2024: For merger determination at: Location of property: 155 Sunnvside Road. Southold,NY County Tax Map No. 1000— Section 63 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The subiect lot-is merged with the adjacent lot to the north(SCTM# 1000-.63-14) pursuant to Article II Section 280-10. which states:. "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at anv time after Julv 1. 1983. An adjacent lot is one which abuts -xith the parcel for a common course of fiftv (50) feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. FORM NO. 3 TOWN OF SOUTHOLD -�M�3 BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 11, 2024 TO: Patricia C. Moore (Pristine Projects LLC) 51020 Main Road Southold,NY 11971 Please take notice that your application received February 8, 2024: For merger determination at: Location of property: 155 Sunnyside Road, Southold,NY County Tax Map No. 1000—Section 63 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The subject lot is merged with the adjacent lot to the north(SCTM# 1000-63-1-4) pursuant to Article II Section 280-10, which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. C--1 r 1 T IS THE APPLICANT/AGENT'S RESPONSIBILTY TO REVIEW THEIR FILE FOR ANY CORRESPONDENCE FROM OTHER kGENCIES INCLUDING LWRP COUNTY PLANNING TRUSTEES PLANNING NEIGHBOR'S ETC., PRIOR TO THE HEARING. Fee:$ Filed By: Assignment No. eceived APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA _ aIr�AT�TS House No. 155 Street Sunnyside Road Hamlet Southold SCTM 1000 Section 63 Block 1 Lot(s) 5 Lot Size 9,048 Zone R 40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 11,2024 BASED ON SURVEY DATED June 2,2021 (Health Department stamped). Owner(s): Pristine Projects LLC,members Paul Paragiami& George Georgiades Mailing Address: P.O.Box 151, Southold Telephone: Fax:_727-426-8095_Email: pristineprojectsplus@yahoo.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore for(X)Owner( )Other: Address: 51020 Main Rd, Southold,NY 11971 Telephone: 631-765-4330 Fax: Email: pcmoore@mooregMs.com Please check to specify who you wish correspondence to be mailed to,from the above names: (X-)Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY DATED June 2,2021 and DENIED AN APPLICATION DATED February 8,2023 FOR: (X-)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Z oni Ord' ante pp aled. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote a code.) Article: H Secti 280-10(merger) Subsection: Article: Sectio Subsection: Type of Appeal An Appeal is ade for: (X-)A Va ' nce t e Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(I) has, ( )has not been made at any time with respect to this property, ,/ r UNDER Appeal No(s).Year(s). (Please be sure to research before completing this queserCeived L 'I or call our office for assistance) (Garage in front yard) 1, Name of Owner: ZBA File# I n' 9(� Q REASONS FOR APPEAL (Please be specific, additional sheets may be used with pY l�re�S stg�i�Pure notarized): Zoning Board of Appeals 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: all the lots on Sunnyside Road were developed in a subdivision by Daniel R. Grattan in 1947. 9 lots were created. This application is to re- subdivided the merged(combined lots) Subdivision lot#8&#9 from(combined lots) Subdivision lot#6 & 7 (owned by others) which merged when Daniel P. Grattan owned the house and the lot between 1983 and 1987. Lot 6 & 7 were combined when the house on the property was constructed by Daniel P. Grattan( son of Daniel R. Grattan). The house parcel was later owned by Harry& Jeanette Winterling until their death. The current owners are Timothy R. Staron and Allison L. Staron. There have been several transfers of both the house parcel and the subject vacant parcel. No owner has treated the two parcels as one parcel. The subject vacant lot appears separate,wooded, and undeveloped. In 1971 Daniel R. Grattan obtained permission to subdivide Tax Lot 7 (lot 3 in the subdivision) which merged when he had to purchase the improved parcel in a foreclosure action(he sold the parcel to an owner who defaulted on a promissory note). The Board granted the area variance for the improved lot 65' x 85'= 5,525 Sq.Ft.. The area variance standards in 1971 were more stringent than current Law. In 1971 the lot size required was 12,500 Sq.Ft.. The area variance was granted for the undersized lot in the same development as the subject parcel finding that"the lot would not change the character of the neighborhood and observe the spirit of the ordinance". Under a prior owner,Zoumas, an application was filed in 2003 but this application(#5345) was withdrawn when the neighbor Winterling filed an"adverse possession"claim. This adverse possession claim terminated without a decision or adverse possession. In 2021 Zoumas's sons Ioannis Zoumas and William Zoumas sold the property to the applicants. The price sold was for a"buildable parcel". A broker advertised the parcel, and everyone had attorneys. The Contract gave the purchaser the right to obtain Health Department approval prior to closing and do their due diligence. The current owner requested a FOIL of the records applicable to this property. The Building Department and Assessor's office responded that they had no records. In 2024 the owners decided to sell the property and only then did Connie at the building department advise the owner that there had been a prior appeal (there was a history). The owners had no knowledge of the prior appeal. Confirming that the first FOIL made prior to their purchase was not a mistake, in 2024 another Foil was submitted;the Building Department's response was that"the Building Department doesn't have any files regarding this parcel". The Town's response continues to mislead buyers that this property has no history or records. The applicant remembers that the explanation given why this information was not provided with the 2021 FOIL request was that the records were not correctly indexed. However, even in 2024 the FOIL does not provide the records on file of this property. An astute employee at the building department provided the owner with a suggestion to contact Patricia Moore, wherein the full background of the property was provided to the current owners. 10A� Re-subdivision of the parcel will not change the character of the neighborhood or detriment to nearby properties because the neighborhood was created expecting 53 x 90 jqe0del is double the size of the original subdivision. The proposed re-subdivision of the parcel is the same size as the adjacent improved parcel owned by Timothy R. Staron and Allison I Uff c&04 purchased the house in 2013. The survey of the subject parcel has Health Department approval issued in 2021 and a conforming house and the sanitary system is shownZa' lBh�r hi9AdA11P20@3 by the adjacent owner was discontinued. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The parcel cannot get a building permit due to the"merger"between 1983 and 1987 (Daniel P. Grattan). This merger was not known by successive good-faith purchasers. The adjacent improved parcel has had multiple opportunities to purchase the wooded lot and the house was purchased without any expectation that the wooded lot had merged to the house. The adjacent house parcel is fully developed and was developed as a double-sized parcel. 3.The amount of relief requested is not substantial because: the variance is substantial numerically because zoning is one acre. The existing lot was developed in 1947 and combined after one acre zoning was adopted. The lot is 9,048 Sq. Ft. in a neighborhood fronting Sunnyside Road, one of several preexisting undersized lots developed in the Grattan subdivision of 1947. This wooded lot and Tax Lot 8.2 (with a dilapidated structure) are the only vacant parcels remaining in the Grattan subdivision. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The parcel has Health Department approval, and a conforming house is proposed. The lot is adjacent to the Long Island Railroad on the south and a different subdivision(Map of Greenfields at Southold) on the west. 5.Has the alleged difficulty been self-created? ( ) Yes, or {X } No Why: Due Diligence was undertaken prior to the applicant's purchase but the FOIL filed with the Town of Southold failed to identify the prior merger determination or withdrawn proceeding. There was no pending litigation with the prior owner of the adjacent improved property. Are there any Covenants or Restrictions concerning this land? {X } No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Sig tore pppicant Authorized Agent (Agent must submit written Authorization from Owner) + J Sworn to before me this day of tj 1 , 2024. �� Receive IWO q. bb4 IV ,1UN 032024 Notary Public KYLEE S DEFRESE Zoning Board of Appeals NOTARY PUBLIC-STATE OF NEW PORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires OB-02-2025 i APPLICANT'S PROJECT DESCRIPTION Received JUN 0 3 2024 APPLICANT: Pristine Projects,LLC DATE PREPARED: E1 ` 1.For Demolition of Existing Building Areas: Not applicable Zoning Board of Appeals Please describe areas being removed:_ none H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: M. Proposed Construction Description(Alterations or Structural Changes)(Attach extra sheet if necessary).Please describe building areas: VACANT IV. Number of Floors and General Characteristics BEFORE Alterations: V. Number of Floors and Changes WITH Alterations: VACANT VI. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: VII. Purpose of New Construction: approved-Health Department Proposed construction of a single-family dwelling VIII. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Wooded unimproved lot Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ^ (J`I� ; A. Is the subject premises listed on the real estate market for sale? X Yes r—No B. Are there any proposals to change or alter land contours? Received X No Yes please explain on attached sheet. 'JUN 0 3 2024 1.)Are there areas that contain sand or wetland grasses? NO Zoning Board of Appeals C. 2.)Are those areas shown on the survey submitted with this application?N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?N/A 5.) Please confirm status of your inquiry or application with the Trustees:_ N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:_ G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. VACANT with Health Department approval H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. Adjacent property is owned by Timothy R. Staron&Allison L. Staron, husband&wife. r, J I. Please list present use or operations conducted at this parcel `House (next door) and vacant lot(subject parcel) and the proposed use same (ex: existing single family,proposed: same with garage,pool or other) /�. Received Authorized signature and Date JUN 0 3 2024 Zoning Board 01 4 i ,-- - TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O.BOX 728 TOWN HALL O SOUTHOLD,N.Y. 11971 Received JUN 0 3 2024 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No. . Z13506 June 7 19 85 ... .. Date . ................. ..... This CERTIFIES that the Lot .. Vacant......... ......... ................. Location of Property . 465 Sunnyside Rd. ...... ....Southold ...... . ..... .... ... .... . ......... . .......... House # Street Hamlet County Tax Map , Section... 0 ... .. .....Block. ....... ...0.... Lot*............ Subdivision...... ..... X................Filed Map #.......... Lot #. .... ...... conforms substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A— Residential- Agricultural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. I GRATTAN, DANIEL P. The certificate is issued to ..... .. ..... . ...... ......................... (owner, ie"ee-or—tenent) of the aforesaid lot. .................. ... ............ .. .. ...... . ... Building Inspector Rev 1/85 FORM NO.6 TOWN OF SOUTHOLD Received 3 Building Department , Town Hall N 0 3 2024 Tc'w 'A v Southold,N.Y. 11971 JU APPLICATION FOR CERTIFICATE 4gnWyi&BroY Appeal Instructions A. This application must be filled in typewriter OR ink,and submitted in duplicate to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets,and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5.Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing'-'- land uses: 1. Accurate survey of peoperty snowing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use,occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling f land use $/ $5.00 3.Copy of certificate of occupancy $1.00 Date . . . . . ,May 3. . . .. . . . . . . . . . . . . . . . New Building . .. . . . . Old or Pre-existing Building . . . . . . . . . . .. Vacant Land . . ' . . . . . . . . . . . .. �b5'' Location of Property (.No #} , Bunnxside. Road. Southold. . .. . . . . . . . . . . . . . . . .. . . House No. . . . . . . . . . . Sheet . . .. . . . . . . . . . . . . . . . . .. . ..Ham/ei Owner or Owners of Property , . Daniel .P., ,Grattan. , : . . . . . . . .. .. . . . . . .. . . .. . .. .. . . 0063 County Tax Map No. 1000 Section . . . . . . . . . Block . . .Q001 . . . . . . . Lot. .0005 . . .. . . . . . Subdivision . .N/A. . . . . . . . . . . . . . . . . . . . . ./. . . . .Filed Map No. .^!I�. . . . .Lot No. . .411. . . . . . . . . . jPermit No. . . . N �. . . Date of Permit Applicant . .DANIEL. P. GRATTAN . , . . , . . I Health Dept. Approval . . . . . . N/A. . . . . . . . . . . . . .Labor Dept.Approval . . . , , , N/A, . . . . . . . . . . . . i Underwriters Approval . . . . . . . !V'�. . . . . . . . . . . . .Planning Board Approval . . , , N/A. . . . , . , . . . . . . . i I ! Request for Temporary Certificate . . . . . . . . . . . . .. . . . . . ..Final Certificate . . . .. . . . . . . . . . . . . . . . . . . Fee Submitted $ . jS fh.0. . . . . . . . . . . . . . . . . . . . . Construction on above described building and perit meets all applicable codes and regulations. Cl7 a t 350tfl Applicant . . . . . . . . . . . . . . . . . . . . DANIEL P. GRA AN R�r�#6 aye h�5 5`0 - .� _ V auh i Received TOWN OF SOUTHOLD - OFFICE OF BUILDING INSPECTOR UN 0 3 2024 TOWN HALL I ` SOUTHOLD, NEW YORI{ Zoning Board of Appeals CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the C.O.# Z-15852 /X* Land Date June 16, 1987 / / Building(s) %/ Use(s) located at 465 Sunnyside Road Southold, New York Street Hamlet shown on County tax map as District 1000, Section 063 , Block 01 , Lot 04 does not conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming %X/Land /_/Building(s) /_/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains 12 story, one family, wood framed dwelling with attached screen porch; accessory 2 car garage all situated in 'A' Residential Agricultural zone with access to Sunnyside Road Southold The Certificate is issued to DANIEL P. GRATTAN (owner, 1 of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A Buildi g Inspector i BUILDING DEPARTMENT TOVNI OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Received Location 465 Sunnyside Road Southold, New York lu0 a 2024 number & street (Municipality) Subdivision Map No. • 9 tW4gj_A, BIS Name of Owner(s) DANIEL P. GRATTAN Occupancy type owner-tenant Admitted by: Accompanied by: Key available Suffolk Co. Tax No. 063-01-04 Source of request Date DWELLI1IG: Type of construction Wood shingle stories 1# Foundation concrete Cellar Crawl space Total rooms, 1st. Fl 3 2nd. Fl 2 3rd. Fl Bathroom(s) 2 Toilet room(s) Porch, type Screened Deck, type Patio, type Breezeway Garage Utility room Type Heat oil Warm Air Hotwater Fireplace(s) Yes No. E:cits 3 Airconditioning Domestic hotwater yes Type heater Hot water Other ACCESSORY STRUCTURES: Garage, type const. wood 2 car Storage, type const. Swimming pool Guest, type const. Other VIOLATIONS: Housing Code, Chapter 45* N.Y. Stacy Uniform Fire Preventic ode Location Description Art. 1 Sec. Remarks: Residence in very ood condition Inspected by: 4ao,- Date of Insp. 6/16/87 —VICTORLESSARD • Time start 1 1=15 end 11:43 FORM Received TOWN OF SOUT OUTHOLD Building Department JUN 0 3 Town Hall 2024 Southold,N.Y. 11971 765 — 1802 Zoning APPLICATION FOR CERTIFICATE OF OCCUPANCY 9 Board of Appeals Instructions A. This application must be filled in typewriter OR ink,and submitted waw �to the Building Inspec- tor with the following;for new buildings or new use: 1.Final survey of property with accurate location of all buildings,property lines,streets,and unusual natural or topographic features. 2. Final approval of Health Dept.of water supply and sewerage disposal—(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4.Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions,a certificate of Code compliance from the Architect or Engineer responsible for the building. 5.Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1.Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or previous owner as to use,occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1.Certificate of occupancy $25.00 -- BUSINESS $50.00 ACCESSORY $10.00 2.Certificate of occupancy on pre-existing dwelling $ 50.00 3.Copy of certificate of occupancy $ 5.00, over 5 years $ 10.00 4.Vacant Land C.O. $ 20.00 5.Updated C.O. $ 50.00 Date .......................... NewConstruction•••••• Old or Pre-existing Building .. .. ... ..... Vacant Land ............. Locationof Property ............................... ... House No. Street •�Hamle[ Owneror Owners of Property .................. ....... ................................... County Tax Map No. 1000 Section ....... .... .... Block ............... Lot................ Subdivision................ ... ..............Filed Map No. ..........Lot No. ............. Permit No. .. ........ Date of Permit .........,Applicant ...... ............ ................ Health Dept.Approval . ............ ...........Labor Dept.Approval ........................ Underwriters Approval ....... .................Planning Board Approval ........ .............. Request for Temporary Certificate............ ... ......Final Certificate ..................... .. Fee Submitted$•... .. ... ..... ............ ... Construction on above described building and per it meets all applicable codes and regulations. .Applicant . . ...fr•�•••��i! ...... .. ...... ... Rev.10.10.78 ' 8iu.C0�. >5 852 FORM NO.4 TOWN OF SOUTHOLD Received BUILDING DEPARTMENT TOWN CLERK'S OFFICE JUN 0 3 2024 SOUTHOLD, N. Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No. '.y. 2974. . . . Date . . . . . . . . . . . . . .December.30, 19.67- THIS CERTIFIES that the building located at Surxys ide.Lane. 4 Ave). . . . Street Map No. M . . . . . . . Block No. . .xx . . . . . . .Lot Noxxx . . .Southold. .X.. . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . .Aug . . 2.1. . . . . . . .. 19. 67 pursuant to which Building Permit No. 3 577. . . dated . . . . . . . . . . . Aug. . . .a1 . . ., 19. 67,was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . .private• Aceeesorr -Bldg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . Daniel •Gratt-an•Jr . . . . . . . .E? er. . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . N.R., • . • . . . . • • . . . . . . . . . . . . . . . . . 44-1 Building Inspector V Font NO. a TOWN OF SOUTHOLD BUILDiNa•DEPARTMENT j - TOWN CLEtztc,'S OFFICE ReceivedSOUTHOLD, N. Y. JUN 0 3 2024 Zoning Board of Appeals BUILDING PERMIT (THIS PERMIT MUST BE,•KEPT ON THE PREMISES UNTIL PULL COMPLETION OF THE WORK AUTHORIZED) N? 3577 � . - ..................... ; 19...�.7 P;Drrriission Is hereby,granted-to: ..................................... ................................................................................. to ; ' :: : !A , ................................................... •...•..• ...... ... ..... • .... , .....,.........,.,..,,...........,..............•................................................................... at.}aremises located at,.. 'J.... ..•. . ...:: .. ........................:................................ .....,......:.....:..'.,. ......,....,.. •...i�� .J.............f.......:.. ... .,............................................ ' ........:..:.......:...............• ...... :. ....................................... ..................................... 67 pursuarvr,'to applrcattori dated'...;.;............ q....................... . .... ... and approved .by the Builc_ling;'lnspector. Fee,.$: :11: .......1.. ...:.... .. .. :.:,,° .... .............. ...... Building Inspector / FORK NO. u . _ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N. Y. Exmminmd... �� ~� � - .... _ — � L. 3 ~ -- � -..-.--.. Approved . . l� . P=rm}t No. r�^- Received Disapproved a/c ... — �UN � � �M�� —.------------..--.--_^—.,'—.. --.---.----._.^.-.I �=, ~ ~ �°�. .^ C~/�^ �oning Board c� Appeals —__'---�.----__--__' ...............................- � � R]uN�g |nnp��or) APPLICATION FOR BUILDING PERMIT August 21 6m Date --_----.......�...........�.-..—..^ l9.—�.�—. INSTRUCTIONS o. This application must 6ucompletely filled inby typewriter n, in ink and submitted in duplicate to the Building Inspector. 6. Plot plan showing location nf lot and ofbuildings on premises, relationship topdjini �,o premises or areas,and giving a detailed description of layout of prop"must be drawn on the diagram which is part of this application. c. The work covered bv this application may not 6w commenced before |ssuuncwof Building Permit. 6. Upon approval of this application, the Building Inspector will issue u Building Permit+o the applicant. Such permit shall be kept on the premises available for inspection throughout the progress mf the work e. No building shall 6o occupied o, used (n whole p, /n part for any purpose whatever until m Certificate nfOccupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings,additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with oil applicable laws, ordinances, building code and regulations. ............ ................................................... (Signature of applicant, or name, ifqcorporation) ��,��'��......._��'' (Address of applicant) State whether applicant isowner, lessee,agent,architect,engineer, general contractor, electrician, plumber or builder. Contractor __________._____._---. —.. .. � -----.--------------------------.-----. Name nf owner of premises ...D��x-<}��t��..��—'--...------------........................................................... If applicant is o corporate, signature of 6uk/ authorized officer. --'----~-----'-~-~---'~^-^^—~`---------~- (Name and title of corporate officer) l. Location of land nn which proposed work will 6wdone. Map Nv.: ..........XX......................... Lot No.: ... ............. Street and Number .. ............ _,_,,_~.___,_~,~,,,,.^,.^.^^,,,,^,__,__.__.__ Municipality 2. State existing use and occupancy nfpremises and in+w*dm6 use and occupancy of 9mppymd construction: o. Existing use and occupancy ......NPlIuQ.......................................................................................................... 6. |men6eJuse and occupancy —.--��—��tb^deta��d..orlvute_��__,^_,___________ � ~ INature of work (check which ,'._ .�oble Building)� New Building ---- Addition . ......... Alteration ------ Repq , .................. Removal .................. Demolition-----. Other Work (Describe) ........................................ 4. Estimated Cost ��M Fee � ---~°~~~.-~~_~._-----.. -~---------.__..' un be paid on filing inn 5. If dwelling, number of J"e|knu units ............................Number of dwelling units oneach nwmbm,p;oo,s M�v, -----'.-�- If garage, -.--'---_------..--,.--------_-_------JURAj�.�� x�r��......... 6. If business, commercial o, mixed mccupqnuy, specify nature and extent ufeach type ofuse --._' 7. Dimensions ofe��ingu�u�u�o |f any: Front---------. Roo, -------.Zpn�gC�H6��..��..�d of ��- Height -------- Number of Stories ---.------._-_----._.._--___-.-_._ ----- Dimensions of some structure with alterations or additions: Front .................................... Rea, ............................ Depth ................................ Height ............................Number vfStories ................................ D' Dimensions of mndm new construction: Front .....24...........................Rear'_ .................. Depth ___ ____ Height .................... Number o{ Stories _'''--._._''-_.--'----'----_'----._____ 9' Size oflot: Front ............................ Rear .................................... Depth ................................ lO. Date of Purchase ----...-------..----..Nomo of Former Owner ........................................................ lJ. Zone or use district |n which premises are situated ..... '.-----.--..--,-,.___________ Does proposed construction violate any zoning law, ordinance or regulation? -__��-_-'_-.______.__ 13. Name of Owner nf premises .-P'4AU91..9;V411Qg-Agd,ess ............................................ Phone No .................... Name ofArchitect ......................................................Address ............................................ Phone No .................... Name of Contractor ....�gbM..AqD�g��-.-..--..�dd�y ---..8»ut.yoId---,._ phonmNo _______ PLOT DIAGRAM Locate clearly all buildings, whether existing or proposed, and indicateindicateall set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior orcorner lot, A ' PRO PO �� ---- --'- � - _ -- - -_--_--_- --/ �/4/ � V 5 �� / | � � STATE OF NEW YORK � COUNTY OF .........%Vaf.olk......IS�' ` ---.. Jocou duly sworn, deposes and says that he is the applicant R�me of individual signing application) Contractor abovenamed. no is the --------..-...................~~.~-...---.....___--...~.._-__^---~.^-----.. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform o, have performed the said work and to make and file this application; that all statements contained in this application are true tnthe best ofhis knowledge and 6e|iot and that the work will be performed in the manner set forth in the application filed therewith. Sworn no before me this ..................Ql. day of .__.. 6 Notary Pub —'-'--*---i ---- --'~------'._ _^__ �,,~, ' nopp/��nn ~tFI5 .�c Rr Ce o' jd u e CcL 3 0140_ . Received 'JUN 0 3 2024 Zoning Board of Appeals TOWN OF SOUTHOLD, NEW YORE DATE ..S22kt....�0, 1971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 463 Dated September 9, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Daniel R. Grattan Appellant Sunnyside Road C\, Southold, New York 1 V� at a meeting of the Zoning Board of Appeals on September 30, 1971 Recei VtW was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property J U N 03 2024 ( ) Request for a special exception under the Zoning Ordinance ( �(} Request for a variance to the Zoning Ordinance Zoning Board of Appeals I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:00 P.M. (E.S.T.), upon application of Daniel R. Grattan, Sunnyside Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to divide property and set off lot with less than 12,500 sq. ft. of area and less than 100 ft. frontage on Town Road. Location of property: north side of Sunnyside Road, Southold, New York, bounded north by other land of the applicant, east by other land of the applicant, south by Sunnyside Road, west by Peter Grattan. Fee paid $5.00. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE q 1 zo BOARD OF APPEALS FORM ZB4 '� 1 �� Mari orie McDermott, Secretary Received JUN 0 3 2024 Zoning BoArd of Appeals After investigation and inspection the Board finds that the applicant requests permission to divide property and set off lot with less than 12,500 sq. ft. of area and less than 100 ft. frontage on Town Road located on the north side of Sunnyside Road, Southold, New York. The Board finds that premises were originally held in single and separate ownership pursuant to Deed dated November 3, 1947, and consist of a parcel of property with dwelling thereon. Applicant was compelled to reacquire premises under mortgage foreclosure proceedings. Applicant's acquisition of property was necessitated by default of owner on mortgage held by applicant. The other houses in the vicinity were all built on undersized lots prior to the enactment of the zoning ordinance. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED Daniel R. Grattan, Sunnyside Road, Southold, New York, be GRANTED permission to divide property and set off lot with less than 12,500 sq. ft. of area and less than 100 ft. frontage on Town Road, located north side of Sunnyside Road, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Grigonis, Bergen, Doyen. Abstaining: Messrs: Gillispie and Hulse. /97/ / f'trt sudo✓ �-�• � TOWN OF SOUTHOLVNEW YORK •' of APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. -Z DATE a'-qf�• ived TO THE ZONING BOARD OF APPEALS,TOWN OF SOUTHOLD, N.Y. 1, (We) ....T)"1- ELJL:..TRA.TTAK....................of . _ ..........Za-rtm!s Jane....................JUN 0 3 2024 Name of'Appellont_ street am'Number ,. . . ...' S4'h.>rl?Q f�.:.............: N. Y. ..:...:..... f� REBI Ytf' 9_ Bmard of Appeals Municipality 'State THE ZONING BOARD-'OF APPEALS-FROM THE DECISION,OF THE B1,ilL0ING:'INSPECTOR ;ON .. DATED.......:......: j APPLICATION FOR PERMIT NO. ............................:..... . . ..:.�-6�: j WHEREBY THE BUILDING...INSPECTOR DENIED TO' ............Dt]:EL..E...SATST....... Name of Applicant for permit ofRtA7nr.a..Lau .........:..............Southold ................. gw.York....11971 Street and Number Municipafiiy State ( ) PERMIT TO USE ( .) FOR OCCUPANCY HE PftOPER7Y 1. LOCATION":OF_T ....,.Sub?X>3rs a S?a ....... r�. ....b.. . Street Use District on Zoning Map ........................................�.,... .�s.. �. Mop.No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ART. III, SEC. 303; ART: X, SEC, 1000A 3. .TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( . ) A'•VARIANCE due to lack of access. (State of New York Town Law Chap..62-Cons. Laws Art..i 6 Sec..,280A Subsection.3 4. ,PREVIOUS APPEAL A previous appeal OM(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that Premises were originally held in single and separate ownership pursuant to Deed dated November 3, 1947, and consist.of a parcel of property with dwelling-house thereon, said parcel being 67 feet by.85.0 feet .on north side of Sunnyside Road,- directly-across tracks of Long Island Railroad Co. Applicant was compelled to reacquire premises under mortgage foreclosure proceedings Form ZBt (Continue on other side) REASON FOR APPEAL Decause of d "by owner: 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant's'acquisition of property was -necessitated by default of owner on mortgage held by applicant.. Premises were occupied as a single and separate unit adjacent to a similar size dwelling house and plot- conveyed originally at about the same time. Applicant now wishes to sell premises, but it will not be possible to convey -same without variance as applicant's own residence property abuts the premises above mentioned. Applicant -regained title to this r � property solely to conserve his financial interest and was virtually I_�\ forced to do so as no buyers came forth to redeem the mortgage. � . Received AN 0 3 2024 Zoning Board of Appeals 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the Other houses in the vicinity were all built on undersized lots prior to enactment of zoning ordinance; The other properties are in single.and separate ownership. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area has been continuously occupied by dwellings originally built and sold on undersized lots. The granting of-the variance would continue the character of the neighborhood and .would not be detrimental to adjoining properties. i STATE OF NEW YORK ) . .. ss COUNTY.OF.SUPTOLK.) Signature Sworn to this ::..........:, ........................ day of..:.,....::A? ?sta............................. 1971 - ...... Not ry Public RENSSELAER G. Y, Notary Public, Sfate of New York Residing in Suffolk County No.52-3954850 My CMMIssion Expires March 30,1973 Southold own Board of Appeals - 11 - s Scut T B App S ptemt�e� �3.�OZ4�1 Zoning Board of Appeals With lesa than 100 root frontage on west- sideof"Deep Hole Drive, Mattituok,' New York. ", The Board finds that" the two lots, Nos. ' 22 and 23' were bought separately with separate deedn.'" Applicant placed a summer home on one lot and ezpected' to''use or sell the other lot. , The original neighborhood planning vas for 50 foot lots of varying depths. ' The Board is in agreement with the reasoning of the applicant. The Board finds that strict application'of' the Ordinance would' produce practical difficulties or nnnedessary hardship= the hardship created- is ut►ique' 'and would' riot be shared by a11' _ properties' alike in' the immediate vicinity of this 'property and in' the same use district; and- the variance' ril not change the character of' the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Rules, seconded by Mr, Grigonis, it was -RESOLVED Theodore Christ labs on; ' 9 Dudley'Avenue, Staten Island, Now York, be GRANTED permission to divide 'property _ and create lots with less than' 100 foot frontage on property" at treat side of Deep Hole' Drive, Mattituck, New York, subject to the following conditions That no side yard varianos still be granted now or in the future. Vote of the Boards Ayess- Meaers. Gillispie, Bergen, Hulse, Grigonis, Doyen. rt e• 'PUBLIC HSARING 's Appeal No. -3463 "--'9s00 P,M. (E.S.T.) upon application of Daniel Grattan, 'Sunnyside' Road;" 'Soathold,' Nsrr York, for a- variance in accordance with-the *Zoning- Ordinance, Article III, Uotion 303;' and Article X,' Section 1000A, for permission.to'divide property and 'set oft lot* srith' less than' 120500 sq. ft. 'of area 'and leas 'than 100 *ft. frontage on Town Road. ' Location of,propertys north aide of Sunnyside Road, Southold; New York, 'bounded north by other land of the applicant, east by other land of the applicant, south by Sunnyside Road, west by Peter Grattan. Fee paid $5.00. The Chairman opened the hearing by- reading'the application for a variance, legal notice of hearing, affidavit attesting to Its publication in the official newspapers, and notice to the applicant. THE CRAIRMANt Is there anyone present who wishes to speak for this application? RENSULMM TERRY, USQ.s I am here in behalf of Mr. Grattan. 20247 Southold Town Board of Appeals -12- Sep6rBOd,ol� 1 �peel, THw CHURFMNs The map indicates that Mr. 'arattan owned all' of the property north of the railroad. 'No. 3, the lot' under discussion was sold in 1947: ' No. 4 was- aold' at approximately- the same time. This particular lot In 67' feet x 85 feet. W. Grattants' personal residence is on tho 'northeast corner. Town Counsel is• of the opinion that this' application is perfectly legitimate, and if' Mr. Grattan had,not besn'foroed by'ciroum- stances to, foreolose* this mortgage, this house would presently be on s lot of' Its own. It'wao his opinion that the Board should grant relief and assistance. M, TERRYs I would like to echo the sentiments of Town Counsel. THE CH& RMAM: Ia there anyone present who is against the granting of this application? (There was no response. ) After investigation' and' inspeotion'the Board'-funds that the applicant requests permission to 411tdde property and set off --:- lot with less than 12,500' sq. ft. of area and less than 100- ft. frontage on Town Road located on the north side of- Sunnyside C Road, Southold, New York. The Board- findn' that ,premises were originally held in single and separate ownership pursuant to Deed dated November 3, 1947, and consist of a- parcel of property with dwelling thereon. Applicant wan compelled" to reacquire' premises under mortgage foreclosure proceedings'. - Applicantts acquisition of property was necessitated'by default, of owner on mortgage held by applicant. The other houses In' the vicinity were' all built on undersized lots prior to the enactment of the zoning ordinance. The Board finds that striot application of'the Ordinance wound- produoe' praotioal difficulties or unnecessary hardship; the hardship oreated 'is unique and would-not be shared' by all properties alike ' 'in the immediate vicinity of- this property - ' and in the 'same use' district; and,the varianoe' grill not change the oharacter of, the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr, arigonis, seconded by Mr. Doyen, it was RESOLVED Danl-wrR:Grattan, Hortont-s�Lane.,�S.oathold,_ No -�-GRAN-T-ED-po-rmis_siori .o_d.ivide property and�eetrotf loth York�ba with le3-8=than-12-, 00-aq:It^ot -arse-and�-lssa khan_100 lt. rt'T_orite ;�-on-Town-Road,,' ocated=north aiMe of Sunny-side-Road�,D Southold, New York, as app d for. Yote of the Boards Ayest- Messrs: Grigonie, Bergen, Doyen. Abstaining: Messrs Gillispie and Hulse. � o � W: Z. Ir A !M Ae so Mg.tA on. CD Y. 0 N. CD 0 CAD Gr:4,knpovt*, N - 177 7�7 77:7 71 0 v" urn, T) kq j ......... it CD < CD CL SO. Ut H* ,0 L-,C� N.Y. A, A. sed'Sptvajo il N-Y. i. y Y _ _ 44 �o�oSufFotAr,,, ELIZABETH A.NEVILLE ? 'y� Town Hall,53095 Main Road TOWN CLERK d CIOP.O.Box 1179 REGISTRAR OF VITAL STATISTICS 0-0 Southold,New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER y��d �aO� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net �r FEB 5 ` ; ' OFFICE OF THE TOWN CLERK 1 TOWN OF SOUTHOLD Received 6—.. _fit V .. ...... .....e TO OYII�= ISoutkold)To Building Department I,�N B 3 2024 FROM: Linda J. Cooper, Southold Town Clerk's Office Zoning Board o9 Appeals DATED: February 5, 2003 Transmitted herewith is a copy of application No. 3127 for a Cesspool/Septic Tank Construction Permit submitted by: Zoumas Contracting Corp. Please review the application and location map and advise if the project has received Suffolk County Health Department approval and if this office may issue the permit. Please complete the form below and return it to me. Linda J. Cooper I have reviewed the application and location map of the project cited above and make the following recommendations: APPROVE DISAPPROVE Comments: !/ D Signature 0 d3 Dated oSC�l/ TOWN OFsOUTHOLD Construction3/a' OFi7C£Oi T1is-T05YN CLEP.S: Application No. / ✓ cin• £THA.NSYI.��,TOWNCLL•RK P 0.BOX 1119 }` SOUf^:;p!D,1�WYOFKI:S7: �' Alteration Cn $10.00 -Residentlal�__ Telephone $25.0o -Non-Residential _ (516) 765-1601 TOWN OF SOUTHQLD SOUTHOLD WASTEWATER DI SPOSAL DISTRICT Received APPLICATION JUN 0 3 2024 for CONSTRUCTION or ALTERATION PERMIT Zoning BoArd of Appeals SEPTIC TANK or CESSPOOL Permit No.— Fee S`_ DATE 0 3 APPLICANT NAME: �� _ � } T{{{ErC6R . P,(1.BDx 361 APPLICANT ADDRESS: �fadin�River-tN� SEPT IC�CESSPOOL� DESCRIPTION OF PROPOSED CONSTRUCTION OR ALTERATION K Mi iy LOCATION MAP: Must be attached hereto before permit may be Issued. LOCATION OF PROPOSED CONSTRUCTION OR ALTER TION: OWNER OF PROPERTY: �7 OWNER MAILING ADDRESS: PO B�,o 3(e/ OWNER PROPERTY ADDRESS: A.Z.90� TELEPHONE NUMBER OF CONTACT PERSON: TAX MAP NO.: Section fp3-,.Blocl< / Lot_— CROSS STREET: BUILDING PERMIT NUMBER CROSS REFERENCE: nature 0 nt-t �.: • RECEIVED BY. f/± a�s 5i3 Cler•I<'s 0 lice . DATE AT t'SEA. 9.048 sq. f F.F. ELEV.= 72.5 GAR. ELF.V.- 70.5 ' cesspool I'D well, Wall greater than 150' 49-k PUBLIC WATER FO. NOW OR FORMSXY WIN7MM n.ti COW001 Ow STONE N 66-s41— (70.1) Recei ed (70. (70) 0 UUN 0 2024 L!A prop, drl"*ay ON ing Board f Appeals vp Rl CLDWELT. -G 30 En TEST OLE LIA b 29-51 ROAD - CL (70.0?' (60.5) 40 1 S 6654'00'W 90-00' (67-41) FO Or P-840N. LI.R'.R. TEST HALE By McDONALD GEOSCIENCE 1-1-2002 dark brown loom OL 2.5' brown slity.sand - Sm pole brown fine NOTE LGcAnON OF ADJOINERS WELLS to coarse sand AND SANITARY SYSTEMSBy OTHERS Sw AND ARE NOT BUARANTEED- 17' ,W Cog=or pW Or Ono M&I OR E45ROM OF WMA v NM-saw AM Wf ft-WYEE0% . . xff=K me cmumv 10 M FILE No. 798E TA amsus fm JOB No. 02-08 .A a.-P-- -woo"NOY 110=01.,rvj W mcm.ww"Wx EOWA wom SURVEYED FOR-iOUMAS CONTRACTING CORP. VLWIM1"A mam"79 W—-par I d"`� I Wjr,j0,sS,Ljgxm AZ iounwi in 7W OUR"B A%jOMO1 OF 5=01 a eery84AU:fm OLY'rO FM WMM SITUATED AT SOUTHOLD T$c Ju COWAN,OatmaIM& ema No ON Hs DOW M io Ta Asson OF-Td9 SUFFOLK COUNTY'N.Y. ANOW NO WOO=VV"Lo""OW�*0 •TO A=Mft-MMM TOWN OF SOUTHOLD L= ffffi=L V"W='AW MR TIM"BMW SCALE 1' = 301 DATE 10-22-2002 or,eel saw wp Or 00CC" WL CR DATE BOOMS VL�WUWr.M COMen M OE.A WJO 7" - FILED.MAP No. TAX MAP No.(REF ONLY)ic)00-63-1-5 DISK 500 CERTIFIED ONLY TO: ZOuMAs cONTRACING'CORP. HAROLD F. TRA-lNCHON A. SUNRISE j6sjW=.CORP-' LAND SURVEYOR -4,\ys tad P.O. BOX 1866 WADING RIVER-MANOMY6 IRK, W926-E"% *,.Gt NEW YCy,LTC.No.048992 631-929-469S dAROL0 F.TRAN'CHON JR. pENN.LTC.No.2115-E APPEALS BOARD MEMBERS �'®� Southold Town Rall Ruth D. Oliva, Chairwoman ��C�1Ve� 53095 Main Road Gerard P.Goehringer P.O.Box 1179 Lydia A.Tortora Southold,NY 11971-0959 Vincent Orlando JUN 0 3 2024cei. (631)765-1809 James Dinizio,Jr. � � Fax(631)765-9064 Zoning Board'of Appeals C 9.WE D http://southoldtown.northfork.net RECEIM FEB 0"S 2004 BOARD OF APPEALS I 'TOWN OF SOUTHOLD FEB 3 2004 FINDINGS, DELIBERATIONS AND DETERMINATION . XtaKING BOARD OF APPEALS MEETING OF JANUARY 22 2004 x &'Rih Clerk .P Appl:No. 5345_ZOLIMAS 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 11 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 Goeh ringer, 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 ..-._.__._......:.... . .r .. .. .. . ... ............... Page 2—January 22,2004 Appl.No.5345—Zoumas Contracting 65-1-5,4 at Southold Received JUN 0 3 2024 Zoning Board of Appeals -addressed in this action. Vote of the Board:Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution tduly adond mayG� Ruth D. Oliva, Chairwoman 2/2104 Approved for Filing :.. ...:............................................:.._.._:...w--.._............-..............-............................ . ...... . ... . . ...... . 1.23 1 Received 2 BOARD MEMBER ORLANDO: Our decision will say 40 foot front yard, AN 3 backyard and - MS. .MOORE: That' s f i&PjnQ Asa of 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 Rey jped 2 No, there' s got :to be a valid reason, n�( like with lot merger, and the code sets 424 3 four criteria. And in my letter to 4 shown you how they can't meet two of 4 them. Two of the four are imposRQ T% EL°ArcW--QPpeals 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 102 -- I may 22 be wrong but sometime in 102, 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. Received Now, one of the things that I 3 think is not entirely clear according AUNA32024 appellate courts, and, I'm sorry, apologize 4 to this Board because I don't haveiFi1LPg Board of Appeals- 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 __._....._,__._..._..._......1..........:. . . .. .............. .......:....... .........................................:.... 126 l 2 from the rest of the attorneys in Rece�Yed before you decide. 3 CHAIRWOMAN OLIVA: I havW v 3 decided. I just want to know if they have 2Rk 4 questions of Mr. Arnoff? Zoning $oird of ApPaWr 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 191 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 . ................_-.-.... �.......- -------......... ... 1 _...... 127 1 .. 2 BOARD MEMBER GOEHRINGER: The /Aq other avenue is -- and I'm not speRbqefV6d 3 the Board, I'm speaking for myself -- is very simply is to hold the hearing in abeMNce s 4 quite honestly in either one of those situations one is legally able tfb ro g t 5 in Article 78; the other one is it e� -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 that way. 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 :...............-----.------- r - .._.......... - ,. .., 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 neve ! -never, held an application in abeyance. It 4 was always denied without prejudice. Eery only sometime in the latter 180s, early 190ZO24 5 that we started that process. O Rgbj;Sg,�so,,- or many times, I won't say only because, manppeals 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. MOORS: 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 2 MS. MOORE: My inclination is that you leave the hearing open for whatever period 3 of time. Personally what I want is or you to make a decision on the Grattan casemft@iVed 4 be done with it . Winterlings can fight out whatever claim they want . If you dorJUN h24 5 comfortable doing that, then at least leave the hearing open. Zoning Board 6 BOARD MEMBER TORTORA: Hearing f Ai�peal� open a year, two years, six months, ten 7 months? MS. .MOORE: Put on the record -- 8 MR. .ANTONACCI : My name is Salvatore Antonacci, A-N-T-O-N-A-C-C-I, and I 9 am representing Zoumas Contracting Corporation and the State Court of New York County of 10 Suffolk. The matter is Winterling 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 a 4 determination on what, to grant the waiver Po who? JUN 0 3 2024 5 MS. MOORE: you have an owner. Zoumas is an owner. The claim Zimir%ps8ag 6 claim of title it is not a determination o 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 i 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 went all of us to inadvertently prec � �dC��V�� , (,� Mr. Zoumas from 'coming back in when 1� 3 prevails . BOARD MEMBER TORTORA: WhXM 2024 4 you MS. MOORE: I have toZ9-QLqQ,8bdrrda0f Appeals 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, and we' 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 4b i 132 1 . 2 choose to withdraw, that's her choice, of course. That' s everybody's righ �t tl� ) 3 ultimately, I think the Board is keb rt of -- you can obviously do whateve o 4 like -- but I'd -like to point out 1A 2 X actually make me be quiet, which is what 5 you've done for years -- one o � i � of Aqm* 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 : : ... ..........................._ — :.. .........._........I............ .. . . .......... . . ., �......., ;...... 133 1 . 2 there, if it is 'his property. I have a question on this map, here it does 't show 3 where the cesspool' s going to go. 6'M ' show where the front steps or porch or bbacV 4 steps going to go. I built at leasrjLvoY� ees in Southold, and I was never permitted to 5 cesspools in the back of the hAgiag g' pW 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. WICYJ.HAM: 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 . ` ..*0 DATE:April 3�Qo)a TO: Zoumas Contracting c C� P O Box 361 Wading River,NY 11791 JUN 0 2024 Please tale notice that your applicatfon dated April 2,2003' ' Zoning Sojrcl � For a merger determination at Location of property 155 Sunnvside Road,66•0 - P' County Tax Map No. 1000-Section 63 Block I Lot 5 s Is returned herewith and disapproved on the following grounds: The suhiecf lot SCTM# 1000-63-1-5 has merged with adjacent lot to the north(SCTM# 10007. 63-1%4)pursuant to Article H Section 100-25,which states; ' "Merger. A nonconformiffg lot shall merge with an adjacent'conforming ornonconforniing lit which has been held in common ownership with the first lot at anytime after July 1, 1983. An adiacent 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." Authorized Signature CC: file,Z.B.A. LOT AREA- 9,048-sit. ft F.F. ELEV.= 72,5 ®® Q GAR. —LEV.= 70.5 Received CeS6Pa0I ' FJUN 0 3.202 6 Zoning SOa d.of Well'greater 45*. than 150' .�j° QArelGNG PLG6 NOW WA FD. NOWDR FQRy,ERLY WIN7Eh'1JNG o OLD STONE cesspool . N 665400'� 90.00' � (69� (70.f) is .DO c tz en' 19.17 PROP. WMU n1 -iz TEST HOLE o PROP DRIVE . i + 0 35.0' 19.17 Oil* R0_ b J O (Fi6.5) prop we!! S 66 5400"W 90.00' (s7.a)pp D. LEANING EAST R.R. MON, LI.R.R. TEST HOLE . BY McDONALD GEOSCIENCE 11—1-2002 1.. dark brown loam 'OL 2.5' brown silty sand SM NO LOCATION OF ADJOINERS.WELLS Pale.brovYn fine t'E: AND SANITARY SYSTEMS BY OTHERS to coarse sand AND ARE NOT GUARANTEED. SW' THE O{6OM OF ROO aF%ft 9M'CR:OtMEW 17. � OF F=WM F ANY.Nm SH0%W ARE NOT GIEARFNiFf77. .,3-21-2003 REtASE=D DIYEILJNG . THE oFSEM(OR OWDOMS)0,;=Kmmu rma-*r.srwxnm TO aA: Eqm OM LLR•S ARE FM A MUM mRpam mm=Am mmmm A7F tmr JOB x&"02-459 F7I E'No. '799F Hfr W=70 G=MIZ MECUO.N OF F RFO�W=SrWJS FWJA PA7= . AAN=Ate,AWMAW To ELZ0 XS CR-AW UFHM e3Fa7la M, SURVEYED FOR ZOUMAS CONTRACTING CORP. UI'UaMaM AL7FSW=nR AMMM 70 THIS SUR U 6 A MA40N OF M=V= 72M OF THE MW V=SPATE MUCAIM LAM 6UMtW'tF$SOZllCATEO HFROEF STALL RUN ONLY To TEE pumm Fm 9tEWEA TSff suRuer s PFsvARFn,adn ON m BEHALF in:"TOLE COFFFANY FMAL' SITUATED AT SOUTHOLD AFF W AATF'ts ,g�taFFAFnotp tz n HE1gSN,ANo TO THE A mes.of THE . � +� �'m"N E To m Va"We OF SOUTHOLD — SUFFOIJ< COUNTY N.Y. . COPIES CF THM SLOW?MAP F=BEARM THE UM Xm SEAL OR SCALE I- = 30' DATE 10-22-2062 MOM SEAL SHAD,NOT FE 'TO EE A VALM ME COPY. FILED MAP No. DATE CERTIFlED ONLY T0: TAX MAP No.(REF ONLY)1000-63-1-5 DISK 5D0 ZOUMAS CONTRACTING CORP. SUNRISE ABSTRACT CORP. HAROLD F. TRANCHON JR. P.C. LAND SURVEYOR g P.O. BOX 616 1866 WADING RIVER—MANOR RD.-WADSNG RIVER, NEW YORK, 11792 HA120LD'F.TRANCHON JR. pFrfNLL�C�0�2 E 631-929-4695 3 LOT ARM-- 8,048 99• f! ' 1 <�� F.F. ELEV.= 7-.5 j S�UPTOM C^3f3Y�`a 4 I l t'as�117,El i 0l:f+.�''.F�+,H---ER7VMFS c GAR. ELEV.- 70.5 if _�z��-.�_.��_�. deceive Cf�S�SYi901 eS".`—^.°.�['`2aa�!'u"':'`.'.:��'s�`u�:33'n,t:::� ;'i�ti1 "��+Y3 ") I$ Al� JUNl 0 3 2124 4V* t3� a K e w~ :•,ii1- �_ � tg.1p ig of ppeals F tnaFI150' uo Law-m - rc •�ORPU& Fa>a wA� (AD S7 NE Al Y 9tilH � (6e:8j 90.00 ceesPoo6 (68.0) (70 7) GAR. Prop. driveway � � w C � w .a q PR a DWELL G TEST LE A s.se °aD°�v min,4o so.00 (67.6) L.i.R.R. TEST HOLE BY McDONALD GEOSCIENCE 11-1-2002 1•Z dark brown loam OL 2.5' brown ellty sand SM NOTE LOCATION OF ADJOINERS WELLS Palo brown fine AM SAMITAW SyST9MS BY OTHERS to comae sand AND ARE NOT OUARANIEED. SAP OF Ate.M^Ate;MW SKMM AM ROT Trg asgis'(ta• agai BMW 5tmt TF&Alm Rm CI;li3±.Tn itE TO VE a ar !�4�i MDOM "Re Wr JOB No. 02-458 o '.w M FILE No. 788F FToawumra CR MOM TO TM qLam 9 Altcflu1Wmrcm SU1@VEYED FOR ZOUMAS CONTFIACTING CORP. yam a=71M mm V=T .SMXM as tea st its r iee VbAW M 7M TH F M rAW SITUATED AT SOUTHOLD amsvAmI lF= *pToVEadsWrff `Aw'isir sue'76' to TOWN OF SOUTHOLD '— SUFFOLK COUNTY N.Y. CNIM W Tea WAM W 1W tugm IIE FAgiD S�®Sq�AL nL-2 sspE SCALE I' = 30' DATE 10-22-2002 o .To a aui.t r�PF FILED MAP No, DATE CERTIFIED ONLY TO., ZOUMAS CONTRACTM paRp. TAX M.AP No.(REF ONLY)1000-63-1-5 DISK 500 SUNS ABSTWT CORP. HAROLD F. TRA;NCHON JR. P.C.�1��,�`•�'� LAND SURVEYOR P.O. apx 61 266 W DI Nc RIVER— AA�oR' R. NEW Y ORK. 11782, fR01.0 F.TRA N Y.LIC.No..2115 2 NCHON JR. Pf'NN.tlC.Na.2115—E 631-52.9-469�°J ;�+•�';',: :; 4 'ITUATt-, SOVrrkPLD T'ONNr ScxnWLD -RMr-OLK COW , NY' :tn i+fall ,+A '41 1 . {f .Jl.r i d 1Ail� IA;; 0 e,,ym»: Receiveds ROSE ORATPAN JUN 0 3 2024 I Zoning Board of Appeals UA PATRICIA C. MOORE Received Attorney at Law 51020 Main Road Southold, New York 11971 JUN O 3 2024 Tel: (631)765-4330 Zonin Fax: (631)765-4643 g Board of Appeals S0UTHOLD ZONING BOARD OF APPEALS ZOUMAS CONTRACTING COPR a APPEAL #$ 5345 WAIVER OF MERGER �ceived JUN 0 2024 WAIVER OF MERGER Zoning Board of Appeals ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIGINAL LOT LINES UPON PUBLIC BEARING 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. (1) 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 963-1-6,7,8.1 &8.2),Daniel and Agnes created 6 lots in total which remain today. Enclosed Exhibit A-a hand-drawn reap 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 I. 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 fancily 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 19641/8 of an acres was split off by Betty Grattan's husband,Peter I. 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"II"for improved as Exhibit C. i 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 confirmed 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 permit. ......._............. ........ ... _ .... .. .. meceived JUN 0 3 2024 Zoning Hoard of APP (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS IN THAT NEIGHBORHOOD The subj ect 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 Department 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. ............... .. . ......._......__.._....... ....._............,.. . ._...._. Asn-es Danl-cl 6-�P.be,t P. GL Doun (Joanne 6c4am Ci97��ao) jjcLn Cp ?q- I'78!;) Mcw-qa�2� [03-4"l0 too-) o - PR_f cir can �J�2 , C o. 0 MI. z CD <� C �rcl --------- - _ - -- -----' -_os-- N lalna��fjaLaly X •-j"mal 1 IL�I�iI ��"�• p� � 4 \�'�� V`7 . � 8 _�..Gof iajs�ll Lb�f��l W ��r E9 • }and°21 0{ a"C� :atz�It Mvn —0 a Uroo IIA1'b�'�1 � d Q 2Nv b16 oT J^�a 1(D41 G�nj,u�»a T' - ,�`.© _ W ;P A.o aj'4/9 ..c:j-[.j-j-HbrS 28� - t i I j d TOWN OF ' SOUTHOLD PROPERTY RECORD CARD e OWNER _ ^ STREET VILLAGE DIST, SUB. LOT t-+ A`' , _.o �i�. T. �::t i" e`er •rTM '?f - —, 'r' . FORME OWNER N r , E ACR. _ W TYPE OF BUILDING V RES./J lv t SEAS. VL. FARM COMM. 813. MICS. Mkt, Value LAND IMP. TOTAL DATE REMARKS r .. G c�4 c 3'�' f? r - J d; ,`1 i .� •x . 3 Gnp •,< + ell, v c p D eq o 0 7 wi Hf tea (i'ir 0 ' AGE BUILDING CONDITION w_ z c� NEW NORMAL BELOW ABOVE o C? CD FARM Acre Value Per Value �D Acre A Tillable FRONTAGE ON WATER — Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK �C� c� d �� ._• `�' a� TOWN OF SOUTHOLD. PROPERTY RECORD CARDDIST. LOT VELAGE 5U6 7STREETOWNER �pc.� S �'• �`�' ? ':; ' .`- . .;;�; -`� t.yC•..�.,�;-• _.�..�:�... Jc .:. . ACCt.Z. D. F RMER OWNER N E d S e S W f TYPE OF BUILDING RES. SEAS. . VL.�// FARM COMM: CB. M1CS. Mkt. Value LAND IMF. TOTAL DATE REMARKS h ~ N)k!— BUILDING CONDITION N AGE — NEW NORMAL BELOW ABOVE cfl FARM Acre Value Per Value o z Acre FRONTAGE ON WATER CAo Tillable FRONTAGE ON ROAD _ Woodland DEPTH Meadowland BULKHEAD House Plot DOCK Total ti , .r TOWN OF SOUTHOLD PROPERTY OWNER STREET .2_ VILLAGE DISTRICT SUB. LOT F RM R OWNER N E . a AQ&E ,E �� /�/�✓��cf-�-�.. S W�w�vu� , ° � �,?� TYPE OF'I3UILDING ' 2ES. 2/U SEAS, VL. FA M COMM. I I ` CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS � � 4a Pe�cr Carte c�ci i_5.5!d / b o 0 0 3 L .Z. r4) 5-Z Rg4,, fir.. 4-& 2 Ge -d a' .+ is p o�-ch 4/-E!�'. j" S��' ) r, 710 ,r ? �r ~ �G U / dp -a s-aG' t . AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD rilicb- 2 DOCK 0 r, lab e. 3 2. CD JVoodland o) c n w Swompland. a ® Z 0 3rushland D c - -louse Plot 0 rotal . 4� TOWN OF SOUTHOLD PROPERT STREET VILLAGE DIST. SUB. LOT � _ OWNER ACR. �FORMERM O ER��,v+�5 �. �..�►>re�� TYPE OF BUILDING kw VL. ARM COMM. CB. MILS. Mkt, Value RED. ��D SEAS. - -� TOTAL DATE REMARKS rd it ND IMP. a/ Are. f r I rr �6-L.P.. ( l 75 ed,11� ' I�rr aoca o z n CD FRONTAGE ON WATER Tillable. f a _ �$ 3 „ N FRONTAGE ON ROAD (fl 7. @ " j° c - La- Woodland DEPTH57 Meadowland BULKHEAD- House Plot Total ,JOWN OF SOUTHOLD PROPERTY REC* ORD CARD DWNER STREET VILLAGE- DIST. ' - -SUB. LOT r _r wl� ?' -lq ��rGU�,�,. � � Teri. wr' y FORMER O"N R N E ACR. a �e. I W. � ,i ( fig "�. a. ,► E � r T ��'a-�f o_1 s �, TYPE OF BUILDING (^l4'19 "'•GJ-_f ti5 IJ 1•:`,�1 t j D E5. SEAS. VL. 3�1 FARM COMM. CB. MILS. Mkt, Vol.. IMP. TOTAL DATE REMARKS 17 /V 9 cr r a L wA b a.. �L� '�� P- z�z. Or eq d 93 / l � �53 ��a l`fa�'} _�<4 � - cgna N o z 0 n,liable FRONTAGE ON WATER a w Z 0 CD _ laasd FRONTAGE•ON ROAD -76 DEPTH �� . m ).se • at BULKHEAD tol e 7-SA(c) 35 L7 36 a 2.9A O WA(c) 46 FDu)6)ERS VL AnE CWMa tAI 9 0SECTON t R%RWW AREA) 4 6 9 1� �U Ls fA (FOR LINTS SEE 7 S.6A SEC.N0.063M) 10 Yr TOWN OF SOUTHOLD T; ' o I OMDPI"r muffs) Q 37 y., 14.2A(c) j z 2 1. 13.2 PoW+OEtS V0.lAGE W)ID04taasi p ')y Y L9A SECT(W 2 Dl p =SW AREV b u 12 4.IA(C) 'A a m oarsSam SS.0202 SEC. / \ i H0.D1 ' 1.3 101A ay 10 ep 4 7a gj 6.9A(c) A l IP ��h• � c gz � a �>� �� .R3v�' wi,�a✓arylq.� IM , vlqv IL I, �C 10 �►�� y N m 12.1 2.6A(c1 1". ST.PATRICKS CHURCH 11.1 � �6Ci` C— CD ` j .OA(c W C 0 4pQ^ 2 O 10.2 N' z CD CD a6r1 7 e� y^P � NpcTm. CD m L2A(cL1M� (Ca 1 ��'4qy) Sd![ROl6 SCfgOI D51R{tT N0.S + �® � �• •t' (} 9 . �'�.. 1.SA(c) &2$ FOR PCL.NO. ? SEE SEC.NO. ' Q 4 070-02-023.1 ' � $ N apg 00 ° 2 B 7 3 1 dP 9 m a MATCH —�^ 101E fL FiF ~.Eke 7Z5 GAR;_aEV-= 70.5 well Re eived well greater than 150 N 0 3 2024 4V* DW�EJRt+IFRLUYu�WVNitRI.INC � I'�ng B and of Appeals NOW OLD e N 65 a47G,O'E• go.QO' .(",$) 35.4� ts.tY CL rn HOLE CAR pW c lox/ n ma) ROAD w o P. s:.6s54U W go.Oo' (67.6) LYC . R o2a i I,R.h. (ONPSD J:LLi 7;0,l ddrk.drown loom OL }� brown WItY sand SPA 2S . pole brown'Ftte to o",ge sand sw AND 'ARE'NOT;GF1�D' ' : 17 �.:. . ... ;•�t �'�;.riar.stwrAu'u�':- .... . ..... O3'::t#E:�l�; ibEL3��..:�. t� D oir: �Yal 02-458 .. CORP. '•, x�`:::. - . .;� � #SIG Sit_CEsiF� ;-lawa { AT SOUTHOLD N Y•Z1ATE0 tCCOU D. tm -0za SUFO M j22—20 O2 il . .. :'••'�o[t5,. ..... ,�..;ri�•ne�:uko,� - -:�{4:Efl 30 we �• ,;:5. Disk SDt} ... ._- �. P b., , Y:i^ Nif (RF� TIFYTT)::ONLY'°:Yo RJR �'AX µpp 'I O A' A85TFFA T. efUk:� Utld6 RNER, • ! sr3:•taai _ � Q48P2' lC:Na..24 j•°: •: I . / APPLICATION FOR WAIVER UNDER SECTION .100-2 6 f This review is for lots which have separate deeds recorded prioRdsceived : 1983 and-undersized. A merger determination has been issued by t the Town Building Inspector (copy attached) The zoning of my parcel is presently: JUN. 0 3 2024 The size requirement for this zone is: oho square feet per parcel'. County Tax Map Parcel Nos: .1000 63 - :'IZaninafd of Appeals I (we), as owners of t e 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' refarfdable 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 clai and liabil ' esulting from the issuance of a waiver. (Ap cant an er) (Applicant and Owner) Sworn toa before e_�h� 1 DENNIS M.RElss 1 ,40TARY PUBLI2tateNo o NaW Y01k Notary c Qualified+nSresFe6 8+ -�� Qommissio+EXP A Waiver is hereby approved denied (delete .appropriate action) i based upon the above documentation. I Issued by. Reasons for applicstion( to continue on next page)- zbata.w1235 ed A 3 2024 APPLICANT'S REASON #1: Nlj f 2 ,0 r- k�C 1;TI4• ward of Appeals Bocce©E� rev ��osC— A.A Ti IMF %i i�F ®N HS we P . . �CZ-o�Q f 7y� w e S vas�Q�� pz) fo(Z- yrta)N�r d�► �- . �.Nfl. '�v� proo LC�1r.NC-D cT"T 7 LA'S UJI f 6:4c/ us A w O WA s nJ- C u-C( -ro 40 9bu C/N7o(, y ��eCLr0'0'7 41/3 7� ,e / 0q APPLICANT'S REASON #2: jec rfl S Up, )q/JD O c?• o A C7UAL.� : sN► � �Lc 7!��N :7� sad: � � �� 1 S ��t� �.i ��- ��4�U•eti- ��„ TIFF cal a!91 � • • • • co n �►� � � � ► T -�- o r14-C.,��o AID SOUT14 s rp F cF- tlk- P��Fc^-"y 1 s v PC��4t�js'T (PLEASE USE AOOITIONAL SHEETS if needed,) I o�oSUFFot,��oG ELIZABETH A.NEVILLE 'l� Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 h Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � � ' MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER J®1 �� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER so' oldtown.nort fork.net eceivea OFFICE OF THE TOWN CLERK JUN 0 3 2024 TOWN OF SOUTHOLD SOUTHOLD WASTEWATER DISPOSAL PERMIT Zoning Board of Appeals CONSTRUCTION OR ALTERATION PERMIT SEPTIC TANK or CESSPOOL 1 Permit No. 3005 R Residential x Non-Residential Fee $ 10.00 Septic x Cesspool PERMIT ISSUED TO: Name : ZOUMAS CONTRACTING Address 1: PO Box 361 City St Zip WADING RIVER NY 11792 Descripton of Proposed Construction or Alteration SANITARY SYSTEM FOR SINGLE FAMILY DWELLING. APPROVED AS SUBMITTED AND AS APPROVED BY THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. REF #R10-02-0218 Name Of Owner ZOUMAS CONTRACTING ---------- ------------------- mailing Address 1 Po Box 361 ------------------------------ ------------------------------ City St Zip WADING RIVER NY 11792 -------------------- -- ---------- Property Address 1 SUNNYSIDE ROAD ------------------------------ ------------------------------ City St Zip SOUTHOLD NY 11971 -------------------- -- ---------- Tax Map No. section 63.00 block 1 lot 5.000 ------ --- ------ Cross Street ------------------------------ Building Permit Number Cross Reference: ---------------------------------- Issue Date: 2/18/03 Elizabeth A. Neville -------- Southold Town clerk (TOWN SEAL) Received Tll� JUN 0 3 2024 Zoning Board of Appeals AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Pristine Projects LLC 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: 5. Description of Proposed Project: merger of previously subdivided parcel_ 6. Location of Property: (road and Tax map number) 155 Sunnyside Road, Southold SCTM# 1000-63-1-5_ 7. Is the parcel within 500 feet of a farm operation? { X } Yes { } No 8. Is this parcel actively farmed? { } Yes {X } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1.)bn L- .one ,.0- itzz ft-bri Lane,S ®t Tmaq-71 2. 3. (Please use the o this page if there are additional property owners) Signa pplicant Date Note: Received 617.20 Appendix B JUN 0 3 2024 Short Environmental Assessment Form Zoning Board of Appeals Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information ��-�s�n:e �v� :e c� LLC Lo-?- M �✓ Name of Action or Project: Project Location(describe,and attac location map): ST ' rV r,n -CK-P Kvc,,J Brief Description of Proposed Action: �- 5vlo�1 V t� ��ccl �cl.►rc� Name of Applicant or Sponsor: Telephone: Pro LC_cs UC_ E-Mail: YtS Vb' lf� G��IOct- Cm�'tn Address: � , 0 City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval:V1a V\V\\(0�(� ` X 3.a.Total acreage of the site of the proposed action? 20 acres b.Total acreage to be physically disturbed? . ?,v acres (VAen 6u%'C_ c.Total acreage(project site and any contiguous properties)owned (&nsa tv cirA) or controlled by the applicant or project sponsor? 'Zd acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial esidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action,, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? Received 6. Is the proposed action consistent with the predominant character of the existing built of natural NO YES landscape? JUN 0 3 2024 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Zoning Board of Appeals 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 5 GlN A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Ht) so cp�^ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO . YES Places? V/_ b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain -NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the pJ6ject site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? .t/ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO : YES If Yes, a.Will storm water discharges flow to adjacent properties? U O❑YES b.Will storm water discharges be directed to established conveyance systems(ruuno�and storm drains)? If Yes,briefly describe: 19'NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an agtive or closed NO YES solid waste management facility? Received If Yes,describe: jU N 0 3 2024 20.Has the site of the proposed action or an adjoining property been the sj,�fi rS806tigh ftp or NO S completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name Date: /�22 2 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the-scale and context of the proposed action?". No,or Moderate small - to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the,existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/.private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,_groundwater,air quality,flora and fauna)? Page 3 of 4 I No,or, Moderate 6"NV d large impact impact a ro 20r 10. Will the proposed action result in an increase in the potential for erosion,flooding or drai iin Board f Appeals problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or.if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part.3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-tern,long-term and cumulative impacts. o Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM (/�I• The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Received YOUR NAME: &4�-( (Last name,first name,middle initial,unless you are applying in the name of someone else or other entityjNab3 2024 company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Zoning Board of Appeals Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares.YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this l da ,2C24 Signature Print Name C p APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 110 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ��_ Received YOUR NAME : / 62 LC— (Last name,first name,middle initial,ungss you are applying in the name of someone else or other entity,�cpcVkaba�O�A company.If so,indicate the other person's or company's name.) jug 4 TYPE OF APPLICATION: (Check all that apply) Zoning Board of Appeals Tax g ' vance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares.YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 2/ day of bec ,20 2-:5 Signature nn Ci/�c2 Print Name fft�'Gt,L' �CtP ct G C.Q M c PATRICIA C. MOORE Received Attorney at Law 51020 Main Road Southold,New York 11971 JUN 0 3 2024 Tel:(631)765-4330 Fax:(631)765-4643 Zoning Board of Appeals April23, 2024 Southold Town ZBA Town Hall Annex 54375 Main Road Southold NY 11971 RE: PRISTINE PROJECTS LLC To Whom It May Concern: The undersigned,Patricia C.Moore, is counsel for Pristine Projects,LLC. I am of the opinion, based upon my review of the LLC documents and all other necessary documents,that Paul Paragiami, as member,has full authorization to execute documents on behalf of Pristine Projects LLC. I give this opinion knowing that the Southold Town ZBA will rely on same. inc rely a ricia C. e, ttorne Pristine Projects LLC PCM/kd Received Board of Zoning Appeals Application JUN 032024 AUTHORIZATION Zoning Board of Appeals (Where the Applicant is not the Owner) I,Paul Paragiami, member of Pristine Projects LLC having a mailing address at PO Box 151, Southold,NY 11971 do hereby authorize Patricia C.Moore to apply for variance(s)on my behalf from theSouthold Zoning Board of Appeals. Pristine Projects LLC By:Paul taKagiami I Town of Southold LWRP CONSISTENCY ASSESSMENT FORM Received AO A. INSTRUCTIONS JUN 0 3 2024 Zoning Board of Appeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 63 _ 1 _ 5 1\ The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity,agency regulation, land transaction) ❑ (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit,approval, license,certification: ❑ Nature and extent of action: area variance for merged parcel. Parcel previously subdivided and application is to re-subdivide 2 combined parcels Location of action: 155 Sunnyside Road,Southold eceived Site acreage:9,048 SF JUN 0 3 2024 Present land use: vacant Zoning Board of Appeals Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Pristine Projects LLC (b) Mailing address: c/o Pat Moore 51020 Main Road,Southold (c) Telephone number:Area Code( )631-765-4330 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑✓ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LW" Section III—Policies; Page 2 for evaluation criteria. VYes ❑ No ❑Not Applicable re-subdivision of a merged parcel will have no impact on the character of the community. two parcels were combined,Sunnyside Road is a dead end road developed with the Grattan Sudivision of 1947 The proposed house was approved by the Suffolk County Health Department and has been shown as a separate parcel since tax map was first created. The merger occurred unintentionally when Daniel Grattan owned both the adjacent house and the subject lot between 1983 and 1987. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No ❑✓ Not Applicable Received JUN 7nning Board of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑✓ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑✓ Yes ❑ No ❑Not Applicable The Suffolk County Health Department has always recognized this parcel since it appears on the 1981 tax map The Health Department has issued approval for a new sanitary system multiple times. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No 7 Not Applicable Attach additional sheets if necessary Received Policy 7. Protect and improve air quality in the Town of Southold. See L)M 640W III — Policies Pages 32 through 34 for evaluation criteria. Zoning Board of Appeals ❑ Yes ❑No 7 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑Yes ❑ No W1 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No 7 Not Applicable Received /JVV Zoning Boar.d Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No Z Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Created on 512510511:20 AM r - ' • � �_ '�' _.�,' .. _ '�.•• �� S�*ry^f��~ _ ��C�. - .:'�•,.�� a �j .• �s� ./. �„• � �rY •• � ;fir' ••� _� � � �. e. •• + ` 1•�r M ;i •'.,•. .r wry , lit S .� : zil . — •" v • CD • Google Image capture:Aug 2012 �2024 Google United States Te �.. a w1 bill for deed transfer-... w•�escrow sheet-Word ©(352)RingCentral-Be... Cw?10 Sunnyside Rd-G... ^Screenshot 2024-04-2... r, tie Y. ,! ��Dry.►;�l► � � ram' �, Scree A scre Dropb Dropbo Imape eepture:Aug 2012 ®2024 Google tJrliteO states i e ® ... w'bill for deed transfer-... w7 escrow sheet-Word ©(352)RingCentral-Be... QT 500 Sunnysrde Rd-6... ^Screenshot 2024-04-2... 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'r • - - IY - - 1 • • •• • •. i4 1 - •• ' •• -• TOWN OF SOUTHOLD PROPERTY REC® OWNER � �� STREET VILLAGE DIST. SUB. LOT RMER OWNr,, N E ACR. S W TYPE OF BUILDING irel RES. SEAS. VL.—3.// FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS f - I z -zo u as 20(jog s -- kL , i AGE BUILDING CONDITION NEW I NORMAL BELOW ABOVE N 0 FARM Acre---I Value Per Vclue---- --- ------------ -------------- - .- -- � ` � Acre C Tillable FRONTAGE ON WATER o ---- ------— -- -- ----;--_ - ---- -- -- ---- --------- r ----------- - ---ate—-� Woodland 1 FRONTAGE ON ROAD D ( N ^^ Meadowland DEPTH � CD V House Plot BULKHEAD Total DOCK Fidelity National Title Received " INSURANCE SERVICES, LLC JUN 0 3 2024 Zonin Board of Appeals TITLE NO: 7404-017701 District: 100� Section: 063.00 Block: 01.00 Lot: 005.000 Town of Southold,New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC certifies that the above-captioned property has-been in single and separate ownership by Pristine Projects LLC and his/her predecessors in title since prior to 1983 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty-Five Thousand Dollars($25,000.00)and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: February 6, 2024 FIDELITY NATIONAL T INSURANCE SERVICES, LLC JEAT<2yA Sworn to before me this 6th day of February, 2024 JMd,141 — 9n� Notary Public SANDRA J GOLESKI NOTARY PUBLIC,STATE OF NEW YORK Registration No.01GO5032467 Qualified in Suffolk County Commission Expires August 2g,2026 24 Commerce Drive • Ri ew or 31) 727-0600 • Fax: (631) 727-0606 1 ) Fidelity National Title INSURANCE SERVICES, LLC Received TITLE NO. 7404-017701 JUN O 3 2024 STATE OF NEW YORK) ss: Zoning Board of Appeals COUNTY OF SUFFOLK) JEAN DUVA, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-063.00-01.00-005.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 1983. SUBJECT PREMISES: 1000-063.00-01.00-005.000 Daniel R. Grattan and Agnes V. Grattan, his wife Liber 5107 cp 133 TO Dated: 05/27/1961 Daniel P. Grattan Rec'd: 01/05/1962 Daniel P. Grattan Liber 11334 cp 409 TO Dated: 07/30/1991 Wayne S. Grattan Rec'd: 09/16/1991 Wayne S. Grattan Liber 12226 cp 979 TO Dated: 11/04/2002 Zoumas Construction Corporation Rec'd: 12/26/2002 FIDELITY NATION ITLE INSURANCE SERVICES, LLC Sworn to before me this JEAN D VA 6th day of February, 2024 Notary Public SANDRA J GOLESKI NOTARY PUBLIC,STATE OF NEW YORK Registration No.01005032467 Qualified in Suffolk County Commission Expires August 29,2026 24 Commerce Drive 9 Riverhead,New York 11901 •.(631)727-0600 • Fax: (631)727-0606 Fidelity National Title � INSURANCE SERVICES,LLC -11"eceived JUN 0 3 2024 Zoumas Construction Corporation Liber 12567 cp 14 Zoning Board of Appeab TO Dated: 09/17/2005 Ioannis Zoumas and William Zoumas Rec'd: 10/02/2008(Ack'd09/17/2008) Ioannis Zoumas and William Zoumas Liber 13129 cp 211 TO Dated: 08/18/2021 Pristine Projects, LLC Rec'd: 11/12/2021 LAST DEED OF RECORD PREMISES NORTH: 1000-063.00-01.00-004.000 Daniel R. Grattan Liber 3161 cp 592 TO Dated: 12/09/1950 Daniel P. Grattan Rec'd: 12/11/1950 Daniel P. Grattan Liber 10377 cp 108 TO Dated: 07/13/1987 Harry Winterling and Jeanette Winterling, his wife Rec'd: 07/29/1987 Find no proof of death for Jeanette Winterling in Suffolk Surrogates Court. Paul A. Winterling and Crane Winterling, as sole Liber 12519 cp 957 Distributes of the Estate of Harry O. Winterling, and as Dated: 08/17/2007 Co-Executors of the Last Will and Testament of Harry O. Rec'd: 08/28/2007 Winterling, deceased 10/27/2006Suffolk Surrogates Court File No. 2270 P 2006 TO Janice Brandfon FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this JEA D VA 6th da-V of February, 2024 Notary is SANDRA J GOLESK71 NOTARY PUBLIC,STATE OF NEW YORK Registration No,01005032467 Qualified in Suffolk County Commission Expires August 29,2026 24 Commerce Drive • Riverhead,New York 11901 • (631) 727-0600 • Fax: (631) 727-0606 Fidelity National Title INSURANCE SERVICES,LLC Received JUN 032024 Janice Brandfon Liber 12720 cp 21np Board of Appeals TO Dated: 01/18?mi- Timothy R. Staron and Allison L. Staron, husband and wife Rec'd: 02/06/2013 LAST DEED OF RECORD PREMISES EAST: SUNNYSIDE ROAD PREMISES SOUTH: LIRR PREMISES WEST: 1000-063.00-05.00-021.000 Louis Hodor Liber 9092 cp 76 TO Dated: 10/20/1981 125-127 Main Street Corp. Employee Pension Trust Rec'd: 10/28/1981 (premises and more) 125-127 Main Street Corp. Employee Pension Trust Liber 9537 cp 128 TO Dated: 03/21/1984 Joseph F. Radich and Glenda Radich, his wife Rec'd: 03/30/1984 LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this JEA A 6th day of February, 2024 Notary Public SANDRA J GOLESKI NOTARY PUBLIC,STATE OF NEW YORK Registration No.01G05032467 Qualified in Suffolk County Commission Expires August 29,2026 24 Commerce Drive 9 Riverhead,New York 11901 • (631) 727-0600 • Fax: (631) 727-0606 Received 11111111111111111111 IN JUN 0 3 2024 Zoning Board of Appeals SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED .Recorded: 11/12/2021 Number of Pages: 4 At: 7:34:15 PM Receipt Number: 21-0194394 *ELECTRONICALLY RECORDED* Transfer Tax Number: 21-12375 LIBER: D00013129 PAGE: 211 District-: Section: Block• 1000 063. 0� 0= �0 0'05:'0 0 EXAMINED AND CHARGED AS FOLLOWS Deed Amount $175,000.00 Received the Following Fees. For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $.5.00 NO NYS SRCHG $15.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Mansion Tax $0.,00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Comm.Pres $2,000.00 NO Transfer Tax $700.00 NO Transfer Tax Number: 21-12375 Fees Paid $3,220.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County RECORDED Number of pages 4 L/12/2021 7:34:15 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00013129 Social Security Numbers P 211 /IlLf) prior to recording. — d Deed/Mortgage Instrument Deed!Mortgage Tax Stamp Recording/Filing Stamps go 1 31 FEES 20.00 Mortgage Amt. Page/Fling Fee — 1. BasicZWin9 Board of Appe — Handling 20. 00 2. Additional Tax TP-584 5.00 Sub Total Notation 0.00 SpecJAssit. — or EA-52 17(County) 5.00 Sub Total 50.00 Spec./Add. — EA-5217(State) 250.00 TOT.MTG.TAX — 200.00 Dual Town Dual County— R.P.T.S.A. held for Appointment 1<A Comm.of-.Ed. 5. 00 Transfer.Tax 700.00 — Affidavit Mansion Tax 0.00 — � f The property covered by this mortgage is Certified Copy 0.00 or will be improved by a one or two NYS Surcharge 15. 00 470.00 family dwelling only. Sub Total YES or NO Other 520.04 Grand Total If NO,see appropriate tax clause on page# of this instrument. 4 1 Dist. Section Block Lot 5 Community Preservation Fund 21054522 1000-063.00-01.00-006.000 Real Property Consideration 17 p Amount$ 5,000.00 T s Tax Service a D_ A 2,000.00 Agency 10t812Q21 CP)♦Tax Due $ Verification Improved 6 .Sadsfactions/Discharges/Releases List Property Owners Mailing Address RECORD&'RETURN TO: Vacant Land x Absolute Title Agency LLC TD 10 1733 91 shead Bay Rd Ste 38 Brooklyn NY 11235-3741 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title CommuyInformation 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title#- g Suffolk Countl Recordina & Endorsement Pa e This page forms part of the attached DEM D made by: (SPECIFY TYPE-OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE or.HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 11-0104..10=kk (over) Received ,—Bargain'aod Sale Deed,with Covenant against Grantor's Acts=Individual or Corporation(Single Sheet) . � CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY I. tl CIN 03 Z024 1 fff 1 �S�14�1 @ejartd Of Appeft THIS INDENTURE,made the Icy day of 4US7 in the year 2021 BETWEEN IOANNIS ZOUMAS and WILLIAM ZOUMAS 2050 North Country Road Wading River NY 11792 j party of the first part,and PRISTINE PROJECTS LLC ,805 Herkimer St.,Brooklyn,NY 11233 PO Box 1609 Southold NY 11971 party of the second part, WITNESSETH,,that the party of the first part,in consideration of ONE HUNDRED SEVENTY-FIVE THOUSAND 00/100($175,000.00) dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,.the heirs or successors and assigns of the-party of the second part forever, ALL than certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the SEE SCHEDULE A ANNEXED HERETO Premises being and intended to be same premises conveyed by deed from Zoumas Contracting Corporation dated September 17,2005,recorded October 2,2009 in Liber 12567 at page 14. Tax Map Designation: District 1000,Section 063.000.Block 01.00,Lot 005.000 PREMISES COMMONLY KNOWN AS 155 Sunnyside Road,Southold NY 11971 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: IOANNIS AS WILLIAM ZOU ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York,County of �1 as: State of New York,County-of ss: On the I I Way of At)q r in the year 2021,before me,the On the day of in the year before me, the undersigned, personally appeared IOANNIS ZOUMAS and undersigned,personally appeared /+ k V WILLIAM ZOUMAS se V personally known to me or proved to me on the basis of q fi personally known to me or proved tome on the basis of satisfactory evidence to be the individual(s)whose names)is(arg) U1 satisfactory evidence to be the individual(s)whose name(s)is(are) subscribed to the within instrument capdged ie me that at �`t subscribed to the within instrument and acknowledged to me that by his/er/they executed the same in ehis/her/their nstrumencapacity(i du and that a'S by his/her/their signature(s)on the instrument;the individual(s),or q e helshe(they executed the same in his/her/their capacity(ies),and that the person upon behalf of which the individual(s)acted a BOW Of pp by his/her/their signature(s)on the instrument,the individual(s),or instrument. the person upin behalf of which the individual(s)acted,executed the instrument BATRICKJ.McGRORY otary Public.State of New York No.02MC4996203 Qualified in Nassau County Z Commission Expires May 11,2034 ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK A� KNOWLEDGEMENT BY SUBSCRIBING WITNESS STATE TAKEN IN NEW YORK STATE *State of ,County of ss: State of New York,County of , ss: *(Or insert District of Columbia,Territory,Possession or Foreign On the day of in the year before me, the County) undersigned, a Notary Public in and for said State, personally On the day of in the year ,before me the appeared ,the subscribing witness to the foregoing instrument,with whom I am undersigned personally appeared personally acquainted,who,being by me duly swom,did depose and say that he/she/they reside(s)in 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 (if the place of residence is in a city,include the street and street number if any,thereof); the within instrument and acknowledged to me that he/she/they that he/she/they know(s) executed the same in his/her/their capacity(ies), that by his/her/their signature(s)on the instrument,the individual(s)or the person upon to be the individual described in and who executed the foregoing behalf of which the individual(s)acted,executed the instrument,and instrument;that said subscribing witness was present.and saw said that such individual make such appearance before the undersigned in the execute the same;and that said witness at the same time subscribed County of State of his/her/their name(s)as a witness thereto (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Bargain and Sale Deed With Covenants SECTION:063.000 BLOCK:01.00 Title No.ABS-21585-NY LOT:005.000 COUNTY OR TOWN:SOUTH OLD IOANNIS ZOUMAS and WILLIAM ZOUMAS TO PRISTINE PROJECTS LLC RETURN BY MAIL TO: DISTRIBUTED BY American Land Services,Inc. YVEONY IN ESQ. Lt✓rn 6M✓ G One Penn Plaza,Suite 3406,New York,NY 10119 2620 E. STREET /ot A✓V 7—-$Vlk Zbs Tel:212.239.1000 Fax:212.239.6970 B NY 11235 6800 Jericho Turnpike,Syosset,NY 11791 Tel: 516.921.4466 Fax:516.921.3433 AmericanLandServices.com Schedule A Description Title Number ABS-21585-NY Page 1 ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold,County of Suffolk,State of New York,being bounded and described �e�eived as follows: BEGINNING at a'point on the northerly side of land now or fotmerly,of the Long JUN U 2O24 .:Island Railroad,where the same is intersected by the extreme southwesterly Zon1n corner-of Sunnyside Road; ` ',! 'g i3o t� 9f Appeals RUNNING THENCE South 66 degrees 54 minutes 00 seconds West along the northerly side of said land of Long Island Railroad, 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 minutes 30 seconds West along said lot 101.00 feet to land now or formerly of Daniel P. Grattan; THENCE North 66 degrees 54 minutes 00 seconds East along said land,90.00 feet to the westerly side of Sunnyside Road; THENCE South 28 degrees 35 minutes 30 seconds East along the westerly side of Sunnyside Road, 101.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: Premises known as: 155 Sunnyside Road,Southold, New York. District 1000-Section 063.00-Block 01.00-Lot 005.000. New York State Department of FOR COUNTY USE ONL'_, Taxation and Finance C1. sw>:S Code 14 . 7 , 3, 8 . 8 . 9 1 Office of Real Property Tax Services C2. Date teed ltecorded 111 i 12 i 20211 RP— 5217—PDF Hoath Day year Real property Transfer'Report(8190) 0. soot 'a,f 3 i 1 i 21 91 Gf. Page I I .2 . 11 1 I y PROPERTY:INFORMATION I ��q 1.ProPerty 155 :[,7N'[JYS'ITYF' 'RC)AD l� Location - ---- _ 'STR55T NiiM.9lexs-rnet:'r NAM2 vieut; S0IJTHO.L,D _ 11971 -CITY OR TOYIN VILLAae ---� 0 •ZIP CODE 2.,Buyer 2RISTINE PtZQJCC'PS LLC 1 Name "- IAST NAMElOOML�ANY FIRST NAMi: -...�....,......�7�....._._...-.-.-.......,.....-... _.�— ' d of Appeals LAST NAMFJCOMPANY FtRYI'NAV,E.._..,...,,...._........ �••,Z��1t�`J' 3.Tax indicate where future Tax 131115 are 10 be sent _ Billing if other than buyer address(at bottom of form) I.A.gT NAMClr;OMPANY FRET NAME Address a17tEE't Nt:MEER AND NAME CITY OR TOWN •M•••_•�_.� .aTATEl tip CODE 4.Indicate the number of Assessment ;L 0 Part of a Parcel (Only if Part of a Parcel)Check as they apply: Roll parcels transferred on the dead if of Parcels OR 4A,planning Board with Subdivision Authority Exists 5.Deed X _ OR 0.20 40.Subdivision Approval was Required for Transfer 1__I Property •FRONT FELT •DEPTH -ACRES � 7 Size 4C,Parcel Approved for Subdivision with Map Provided U ZOUMAS IOANNIS. S.Seiler '—^ --�.— ---- - •LA6T NAMElCOMPANY FIRST NAME Name ZOUMAS WILLIAM W ..._..�.---_._..._._.....,_._ — ..._. LAST NAMPJCCMPANY FIRST NAME '7,Select the description which most accurately describes the 'Check the boxes below as they apply; use of the property at the time of sale: 8,Ownership Type is condominium El C.Residential Vacant Laud s.New Construction on a Vacant Land [� _ —......�... _..._..—_ iOA.Property Located within an Agricultural District 10B,Buyer received a disclosure notice Indicating that the property is in an Agricultural District El SALE INFORMATIONJ 15.Check one or more of these conditions as applicable to transfer: A.Sale Between Relatives or Former Relatives 11.Sale Contract Date 0 1/12/2 0 21. B.Sale between Related Companies or Partners In Business. C,One of the Buyers is also a Seller 0 8/18/2 0 2 1. D.Buyer or sailer is Government Agency or Lending Institution "12.Date of-Sale/Transfer E.Deed Type not Warranty or Bargain and Safe.(Specify Below) _ F.Sale of Fractional of Less than-Fea Interest(Specify Below) '13.Full Sale Price 175,On 0.00 G.Significant,Change In Property Between Taxable Status and Sale Dates H.Sale of Business Is Included In Sale Price (Full Sale Price Is the total amount paid for the property including personal properly. L Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J.None mortgages or other obligations.)Please round to the nearost whole darter amount. Comments)i on Condition 14,Indicate the value of pemonat 00 property Included in the sale ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 1G.Year of assessment Roll from which information taken(YY) 21. '17.Total Assessed Value '7100 "18.Property Class 311 1 119:School District'Name SOU'P[-IOLD •20,Tax Map Identifier(s)/Roll Identifier(s)(1f more than four,attach sheet with additional identifler(s)) 1000-0(53.00-01.00-00S.000 CERTIFICATION I Certify that all of the items of information entered on this form are true and correct,(to the best of my knowledge and belief)and I understand that the making of any willful false statement of material fact herein subject me to th*pr_ovistge�rLf{A�pgna1isLw relative to the making and tiling of false Instruments. ft lGfIAT.4dR (lJ(IE13S'eQNLArr_T_..lNF4l?MATIOtQ (Enter u,farmetiorrfor the buyer.Note:H buyer is I.LG,eoolety,association:CorporatWn,joint sloek company,estate of entity ulat is not an individual agent or tide-lary;than o name and contact inrcrmalion or an Individualfrespo"Ibte party who can am-ar questions regarding the transfer must to entered.'type or print clearly) 11......�..SELL GNATVRE DATF( p PAFtAGIANNIS PAUL k}UYE •tA^sT NAME FIRST NAME .,..,..�M ARtA CObE' W •Tr:LEPt10N5NVM R(Ex:999Q99%) svyem IVw.Fvl`'•'r)�e ��(,1/�N�� :i 1'rWT77 NUtf,Sr.R `�'GTR@Fr NAM SOUTHOL.I.I_ NY 3.1971 _^ i r 'OITY OR TOWN '1�/ p AT MAN /� r,,C�/ 'STATE CODE o 1 1 1 LEVIN YVF;UNY r LAST NAME FiRa'I'tiAMS (-718) 9f3s-�6zs --- 1 t I AREA CODE TELEPHONE WUMRER(Q'F:99D9999) Re Ceived 2024 . ?onin 9 Board of appeals !IIIIIII IIII Ilill IIIII IIIII lllll 111111111111111 IN lilt IIIIII Ilfll IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/06/2013 Number of Pages: 4 At: 02:06:39 PM Receipt Number : 13-0015453 TRANSFER TAX NUMBER: 12-15116 LIBER: D00012720 PAGE: 021 District: Section: Block: ot� 1000 '004-000- EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $334,750.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $1,340.00 NO Comm.Pres $3,695.00 NO Fees Paid $5,290.00 TRANSFER TAX NUMBER: 12-15116 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County , ao RECORDED Number of pages 2013 Feb 46 42:46:39 P19 JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record:Please remove all L P 021 0 e F�ece�v Social Security Numbers DT# 12-1,51Is prior to recording. VN t Deed/Mortgagelnstrument Deed/Mortgage Tax Stamp Recording/Filing Stamps FPpeaks 3 FEES `n9 Board o Page/Filing Fee Mortgage }l 1.Basic Tax Handling 00 2. Additional Tax TP-584 Sub Total SpecJAssit• Notation or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX �f Dual Town Dual County — R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Qt%-j Mansion Tax The property covered by this mortgage is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other ��- n Grand Total vr�" J see appropriate tax clause on page of this instrument. 4 Dist. "'"'' ^' nr) Lot girl d,fyt�o 5 Community Preservation Fund 13003931 loon 06s00 0100 004000 Real Property P T S Consideration Amount$334,750 Tax Service RpTM A Agency CPF Tax Due S 3,695 Verification 4•FtcB-� Improved "" 6 Satisfac ions%Uiscnargesr".,oa ..•u- _- -_ _--r RECORD&RETURN TO: Vacant Land TDB Jeffrey B.Hulse,Esq. TO 295 North Country Road Sound Beach,NY 11789 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Coach Title Insurance Agency wwwsuffo[kcountyny.gov/clerk Title# CTA-12-2812 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed made by-. (SPECIFYTYPE OF INSTRUMENT) Janice Bmndfon The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Timothy R.Staron and Allison 1.,Staron In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over T ('--,?YT t�Ao,bb Bargain and Sale Deed with Covenants Against Grantor's Acts-Individual or Corporation CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the �1L day of January,2013 BETWEEN V V JANICE"BRANDFON,.residing at 205 Sunnyside Road, Southold,New York,119.7110E?/*VC(i party of the first part, JUN ® . n� �2024 Zoning Qo�r TIMOTHY R. STARON and•ALLISON L.STARON,husband and wife, both residing Kirkup Lane,Mattituck,New York, 11952 party of the second part; WITNESSETH,that the party of the first part, in consideration of TEN($10.00)dollars, lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at SEE SCHEDULE 'A' A NEXEL►HERETO BEING AND INTENDED TO BE the same premises conveyed to the Grantor herein by deed dated August 17,2007 recorded in the Office of the Clerk of the County of Suffolk on August 28,2007 in Liber 12519 at page 957. TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. i IN,WITNESS WHEREOF, the party of the first part has duly executed this de and year first I above written. ' �� IN PRESENCE did of P►pps�s JANICE BRAND i STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the L day of January, 2013, before me, the undersigned, personally appeared JANICE BRANDFON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. N Public JENNIFER B.GOULD i Notary Public;State of New York 0 re � Commission Expires Mach 14,20 i I i i i I i I i i I I I I I I i I I I i PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM ��1 INSTRUCTIONS;http://vt/vvw.orps.state.ny.us or PHONE(518)473-7222 �� FOR COUNTY USE ONLY '] •� C1 SWIS Cod. �4, 1 r✓cb�j1 I REAL PROPERTY TRANSFER REPORT `t STATE OF NEW YORK O dip 3 ' STATE BOARD OF REAL PROPERTY SERVICES CL Date Deed Recorded p r �f�t�] RP - 5217 ..1 C3.Beak I 1 r A. `,�A I Cs P.B. O� �— , BPaan...w, Btld of AppewS PROPERTY INFORMATION O n9 I.property 1 205 I Sunnyside Road LocffffiOe aTn.Frsre[x armrar 1 Southold I Southold 01971 `--7i7F&F4S�w+• vaun vim. LBMr Staron I Tlmothy R. and Allison L. Name tASr NAYF/GxerANv Wen NAke I U51 NArn I LXWFAW I Haar NAYF 3.Tax Indrans when future Tax Bells we to kn sent I I Billing it other than buyer aftess tat hotiom of fermi I IA.YfaAVPf aal9AVx IIP!kA Address I I I I I aratrf NUaam AND andrT Wes rs pea dnm�3�t 4.hlAnto the number of Assesamanr 11 '' '' (Only R Part of a Patoll ChMas OW apply. Roll parents transferred on the deed of Parcels Oil ❑ Pan of a Patel 4&Planning Board with Sub Melon Authority Exists ❑ 5.Deed Ai SubdMvon Approval wes Required for Trandef ❑ property I I x 1 a 1 aR I ACRES •1 2 I aC.Parcel Approved for Subdivision W th Map Provide ❑ SizeFxmmt heel Its a,sea. I srBrandfon I Janice Nam I Na tA xAve f cvNFA►r aasr rase I I 1 IA31 NAkLf�wYM1 heat NANr 7.Chock the boa below which most accurately dascrmax the use of the property At the time of solar Chock the boxes below o thoy apply. L Ownership Type Is Condominium AN Ono Family RedderaW E Agricultural I Community Service L New Construction on Vaunt Land ❑ B 2 or 2 Family Reddemat It Commercial J Industries 10A Property located whhin an Agd uWnel DIWiet ❑ C Reridentul Vaunt land G Apartment K public Sanite 1�.Buyer mc*iad a disclosure noti indicating ❑ D NonReddantlal Vaunt land H Emedainment/Amusement 1. Formal thatthe pnpany In In an Ayieuhusal District SALE INFORMATION 15.Chock one or men at time conditions o oppiicablw to Transfer. 1f.Sala Contract owls I 11 / 1 /2012 I A Sale Between Relatives or Former Relatives 'trorun Day vw B Sale Bob Related Companies or Farmers in Business g C Over of the Buyers Is also o Setrer 1L Data of Sand I Tender I 1 / /I /2013 I D Buyer or Solla In Go mmmem AgaM.y or Lending ImMulon Wmch 13" your Iy Deed Type not Warranty or Bargain and Sob(SpaciN Rolowf P Sate of Fre amid or lean than Poo Invest(SpedN Below) 3 3 4 7 5 0 G SiP ifium Change in Property Ban~Taxable Status and sate Data li Full Set tyke 1 0 0.1 H Sale of 13"nou Is Included In Sale Prim (Full Sala Rice is the total amount paid ter the property including personal property. I Other Unusual Factors Affecting Salo Prko(Stadh Below) This payment may be In the form of calk ocher progeny or goads,ce the assumption of J no mortgages or other obligations.) PAase nand to rho wmlm whda daUm a t. 14.InNute the value of personal IIa Pmw�tov�e in the sw I 0 . 0 I ASSESSMENT INFORMATION-Data should reflect then latest Final Assessment Rolland Tex Bill 1L Year of Assessment Reg from 17.Total Amassed Value(of all panels In transfer)I .3 7 .0 .0 1 which information taken f ! f 2 1 0 Southold 1L propolf Class 1 I-U sq.School Okule Name am 2D.To;Wimp MmvdliwW/Roll ldernifforW(ti more than far.elerh shed with ad*d west Idshoor(a)) 11000-063.00-01.00-004.000 I I I I I I I CERTIFICATION 1 cEray that an at the Ilthos or Information en mvd on title Form use true and caret Ito the had of my knowledge and bend)and 1 dndentand Ihot the making of any wl[Ful Stbe x0dery eau or matedsl Earl bedo will rarbJret me to Ow pemidona of Ind penal law relative to the mal ft and filirq(of rubs ants unaw. BUYER'S ATTORNEY L1 I� Hulse. Esq. I Jeffrey B. suvo wru�i.nu p!- 1 otr` �� LASTNnoc r+at NAw ,&• IW SELLER NEW YORK STATE COPY eatNATurs arc I I ' SCHEDULE `A' iO ReCeive i ALL THAT CERTAIN PLOT,piece or parcel of land,with the buildings and imprQU t reon erected, situate,lying and being in the Village and Town of Southold, Count�of Suffolk, t ew York,bounded and described as follows: zoning Boaro or BEGINNING at a monument set at the northwesterly corner of the premises herein described and being the point of intersection formed by the southerly and easterly line of the lands now or formerly of Charles Rutkowski; THENCE in a general easterly direction along the southerly side of lands now or formerly of Charles Rutkowski,north 68 degrees 54 minutes 10 seconds east a distance of 90.36 feet to the westerly line of Sunnyside Road; THENCE in a general southerly direction along the westerly line of Sunnyside Road south 28 degrees 35 minutes 30 seconds east a distance of 111.26 feet to a point and other lands now or formerly of Charles Rutkowski; THENCE in a general westerly direction south 66 degrees 54 minutes 00 seconds west a distance of 90 feet to the easterly side of lands now or formerly of Charles Rutkowski; THENCE in a general northerly direction along the easterly line of lands now or formerly of Charles Rutkowski north 28 degrees 35 minutes 30 seconds west a distance of 114.41 feet to the point or place of BEGINNING. Q' 123 2 BOARD MEMBER ORLANDO: ReceVe ;. decision will say 40 foot front yard, Ce1fo. 3 backyard and -- SUN 0 MS. .MOORE: That' s fine. 2�24 4 CHAIRWOMAN OLIVA: I?Prlin§c rr�Lnger? BOARD MEMBER GOEHRINGER: ThaP APPea►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 valid reason,on 2•.� No, there' s got .to be a v dust like with lot merger, and the code weW 3 four criteria. And in my letter to , .I've shown you how they can't meet two of UN p 3 202 4 them. Two of the four are impossible o meet .Appeals Can we feel sorry for Mr. Zg BsSi 5 Certainly we can feel sorry for hiZn111% 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 102, 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 r 125 1 , Received 2 ultimately. Now, one of the things thatNi®3 2�24 3 think is not entirely clear acco2" go our appellate courts, and, I'm sorry, I apo�`o%.AAPPeals 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. Zouma.s, 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 positicn 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 2 from the rest of the attorneys in the room before you decide. P, 3 CHAIRWOMAN OLIVA: RIaPv'e1n' t decided. I just want to know if t6hpot*lAany 4 questions of Mr. Arnoff? BOARD MEMBER TORTOR: No 01 p`ppea1s 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 191 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 2 BOARD MEMBER GOEHRINGERReVQd other avenue is -- and I'm not speaking for 3 the Board, I'm speaking for myself -ANS0, 1 VQ simply is to hold the hearing i abeyance, and 4 quite honestly in either one of ffigoaqa$rcf Of Appeals 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 that way. 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 T....._.......................... 128 2 generic sense, let me say this to you: Taught by the town attorney, who was the own 3 attorney from 1955 to 19%., V�+�, never, never, held an applicatin abeyan e. It 4 was always denied without pr Lwatz It was only sometime in the latter U2 s, earl ea(S90s 5 that we started that process. oW-PI M ause, or many times, I won' t sSpr►691-y 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 2 MS. MOORE: MY inclination is that you leave the hearing open for whate ;;epr;i, od 3 of time. Personally what I want isRoQfflved make a decision on the Grattan case a-ja®tld�, then 4 be done with it. Winterlings canfig idALQS 202 whatever claim they want . If yo don' t feel 5 comfortable doing that, then at VV AftWtq the hearing open. eal 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, A-N-T-O-N-A-C-C-I, and I 9 am representing Zoumas Contracting Corporation and the State Court of New York County of 10 Suffolk. The matter is Winterling 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 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 `�&wo years, we're not going to dofit epeM us to 'make a 4 determination on what, to grant h Jk7aiver to who? 10 Q �.�" 5 MS. MOORE: you have an,*pe0s Zoumas is an owner. The c ��-gpSO merely a 6 claim of title it is notX' (Yetermination 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 Received 1 1 JUIV o 110 . 2 want all of us to inadvertently preclude 2024 Mr. Zoumas from coming back in d Ap paab 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, and. we' 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 , ed 110 ' 2 choose to withdraw, that' s �dice, of course. That's everybody' s ght 'L but 3 ultimately, I think the Board .011 t in 9wt of -- you can obviously do whatever yatA99 4 like -- but I'd like to point o 15000 you can actually make me be quiet, ;;�%d is what 5 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. r' CHAIRWOMAN OLIVA: Yes, sir. 25 MR. RATICAN: My name is Joseph Ratican, I live west of Zoumas' s property December 18, 2003 1 2 there, if it is his property. I jMxe a, question on this map, here it doe `1P%f*d 3 where the cesspool' s going to go. _fIt doesn't show where the front steps or porch ® 4 steps going to go. I built a least 20 houses in Southold, and I was never 6 -9 tqowbbF als 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 : ....... ...... . ... . .:... . ........._.:.-......_..�................_.__ _............:_.. ......: .............. .... ..:...... ...:. .. .. .... .. ..... .. . .. . i eke �ptiQ odd o 7 � LOT AREA— 9,94S• sG_ ft. �.F. ELEV.= 72.5 Receive 14-. GAR. ELEV.= 70.5 cesspaai JUN 032024 Zoning 80ard of �"veil 40 - than 150' Q' €J1 PUBLIC WA7ER FD. . 0�+[?R F �y %IV7M OLD ;Tor ORS LJ:dG n s �' 6�" crss�sacl 8 f3.97° 35.4' b d Ut o !/S Rr p iV 5R "— PROPL4C62 -� cn DVELL c. o ;a c r� y rrr �, TEST HOLE a o CA o PROP ORM prop, well S 66 54 00"w a 90.00' (67.6) � PµIR -~a FD. R.R. MON. L1.R.R. TEST HOLE BY McDONALD GEOSCIENCE 11,i•-2002 1.. dark brown barn 'OL 2:5' brown silty sand SM NOTE. LOCATION OF ADJOINMS .WELLS �®le'.brawn #? AND SANITARY SYSTEMS V OTHERS to caerse sand ARID ARE NOT GUARANTEED. SW' WE EIMMME OF RWr OF °S"AND'G@ FASMEN73 OF R=W. aF MY MW EWM ME WT MWPAVIZED. 3-21-2003 RASED Db9lELIJNG mz oFmm(OR momwss).sYiam Hmmm Fmm TPE smudnhms To THE PROPERRY MES ARE FOR A o PURSEAm USE area THERE asp NOt JOB No,., O2=4�'....., . .. " "F1LE Na, 796E �AfrEN=9n GaME Tr9E emu ON OF Fe ^m FEEMIM tl&v!�{21999 PaT�S. � a AREAS,ATMMON TO SIA MOS OR MY =95MUCM, SURVEYED FOR 2OUMAS CO CTING CORP. lkNAmuRbam ALTEmmom OR A}`r7rR0itl m THr.s'mmy 5 A V9CLATtOW W SECRi CM . 7209 OF ZiE N&T'0=STATE EOitCATFOiV l�f. ' 2UARAFu iMDICALEn HERON SPAT RUM CMS-Y TO THE PERZoM FOR SHKbTr§TKE SURVEY 19 PREPARED,AM ON HS SDMF TO tiR E"MILE MUFA�rr,a taL40UAL SITUATED AT SOUTHOLD O RGE%C7 AM LB =&�YHrtlr=rb'M H�EIvt L AND TO THE AM OF THE . LOMG IB.s•'rtrLrr N.G6JA3 MESS An Nor T�SA LE TO Aff9AY0.°531.tMSiiM70'�P9 �i.. OR WESEZ104T o M s ibWN OF SOUTHOLD — SUFFOLK COUNTY 'N.Y. . O>!E'tES OF THIS Sumo mw xrrr mmm m Lm st n's imm sE&OR SCALE 17 = 30' DATE 10-22-2002 E84n S4ET)SEAL SWL! NOT M—CCW9OERM 79 W A VAUO TRUE COPE. FILED MAP No. DATE CERWIED ONLY TO: TAX MAP No.(RED oNLY) 1000--63-1-5 DISK 560 ZOUMAS C014TRACIING CORP. SUNRISE ABSTRACT CORP. HAROLO F. TRANCHON JR..P.C. LAND SURVEYOR 6� P.O. SOX 616 1866 WA DING R4V ER—I0A NOR, RD. WA DING Rid ER, NEW YORK, 11792 N.Y. LIC. No', 045992 631-929-4695 HAROLD F. TRANCHON J'R. PENN. LIC. No. 211:5—E ZBA-CHECK FEES - 2024 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/3/2024 Pristine Projects LLC 4 79' = $2,000.00 003530 6/7/2024 5/23/2024 Vangi,Joseph 7942 $500.00 151 6/7/2024 5/23/2024 Oregon Rd Estates Vineyard 7941 $750.00 1056 6/7/2024 6/3/2024 Bradford,Thomas 7944 $2,750.00 8926 6/7/2024 6/4/2024 Isaac-Rae LLC for: Cedars 1883 LLC 7945. $2,500.00 1700 6/7/2024 $8,500.00 ,lU% 10 20 Southold Town Clerk ..'Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 06/10/24 Receipt#: 329972 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7941 $750.00 1 ZBA Application Fees 7943 $2,000.00 1 ZBA Application Fees 7944 $2,750.00 1 ZBA Application Fees 7942 $500.00 1 ZBA Application Fees 7945 $2,500.00 Total Paid: $8,500.00 Notes: Payment Type Amount Paid By CK#8926 $2,750.00 Bradford, Thomas & Diane CK#1700 $2,500.00 ISAAC-RAE, LLC CK#151 $500.00 Lachapelle Architecture PLLC CK#1056 $750.00 Oregon Rd Est Vinyard LLC CK#003530 $2,000.00 Pristine Projects LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: ISAAC-RAE, LLC 430 Main Street, 2nd Floor Greenport, NY 11944 Clerk ID: JENNIFER Internal ID:7945 PRISTINE PROJECTS LLC ' 003530 50-066610214 DATEPAYTOTHE ORDER OF—� "� `-;0 "� 2,Oo0•no 00 Two hNswndDOLLARS DIME BANK �D MP MEMO -,;L.)Yl n!fs RECEIVED JUN 10 Southold Town Clerk LEGAL NOTICE ~�'THOLD TOWN ZONING BOARD OF APPEALS 1 l� \/ ft %HURSDAY'OCTOBER 3,2024 at 10:00 AM - � l� PUBLIC HEARINGS OTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning),Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY,OCTOBER 3.2024: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. IPA�3 10.00 A.M.-SILVER SANDS HOLDINGS L LLC.#7893SE-(Adj.from August 1,2024)Request for a Special Exception pursuant to Article VII, Section 280-35(B)(6),applicant requests;(1)to convert an existing accessory boathouse to a freestanding restaurant with office and storage space,for restaurant operations;and(2)permission for an accessory seasonal outdoor barbeque/bar area;located at 1135 Silvermere Road, Greenport,NY. SCTM 1000-47-2-15.' 10.00 A.M.-SILVER SANDS HOLDINGS 1.LLC.#7894-(Adj.from August 1,2024)Request for a Variance from Article VII,Section 280-36;and the Building Inspector's January 10,2024 Notice of Disapproval based on an application for a permit to construct a free standing restaurant with office and storage space for restaurant operations;1)located less than the code required minimum side yard setback of 15 feet;located at:1135 Shore Drive/1135 Silvermere Road,Greenport,NY. SCTM No.1000-47-2-15. 10.00 A.M.-SILVER SANDS HOLDINGS 1.LLC.#7914SE-Adj.from August 1,2024)Request for special exception pursuant to Article VII,Section 280-35B(6)and Article VII,Section 280-35C(1);applicant requests;1)to convert an existing single family dwelling(30'4"by 26'4")to a commercial kitchen to be utilized in conjunction with converted restaurant on the same lot(Lot 15),and;2)upon conversion,said commercial kitchen will be accessory to the principle use of the converted restaurant;located at 1135 Silvermere Road,Greenport,NY. SCTM 1000-47-2-15. 10.00 A.M.-SILVER SANDS HOLDINGS I.LLC#7897-(Adj.from August 1,2024)Request for an Interpretation pursuant to Chapter 280-146(D)of the Town Code,and the Building Inspector's November 16,2023 Certificate of Occupancy based on alterations(diner and bar areas for motel guests only)to an existing motel building,to wit:1)whether the newly issued Certificate of Occupancy issued under Section 280-35C inappropriately limits the use of the diner and hotel bar areas to"motel guests only';and 2)whether the use allowed in original Certificate of Occupancy,No.142,dated May 28,1959 remains as a permitted use;parcel located at-1400 Silvermere Road(Adj.to Pipe's Cove)Greenport, NY.SCTM No.1000-47-2-11. 10 10 A.M.-PRISTINE PROJECTS.LLC#7943IRequest for a Waiver of Merger petition under Article 11,Section 280-10A,to unmerge land identified as SCTM No.1000-63-1-5 which has merged with SCTM No.1000-63-1-4,based on the Building Inspector's May 13,2024 Notice of Disapproval;which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1,1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft.in the R-40 Residential Zoning District);located,155 Sunnyside Road,Southold,NY.SCTM Nos.1000-63-1-4 and 1000-63-1-5. 10.20 A.M.-DEAN T.KARAVAS#7948-Request for a Waiver of Merger petition under Article 11,Section 280-10A,to unmerge land identified as SCTM No.1000-33-4-38 which has merged with SCTM No.1000-33-4-39,based on the Building Inspector's May 20,2024,Amended June 13,2024 Notice of Disapproval;which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1,1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft.in the R-40 Residential Zoning District);located,750 and 850 Tasker Lane,Greenport,NY. SCTM Nos.1000-33-4-38 and 1000-33-4-39. 10.30 A.M.-CEDARS 1883 LLC/JONAH AND KATIE SONNENBORN#7945-Request for Variances from Article IV,Section 280-18;and the Building Inspector's April 29,2024 Notice of Disapproval based on an application for a permit to legalize an"as built"habitable third story and create additional habitable third story space in an existing single family dwelling;1)more than code required number of stories of two and a half; 2)less than the code required minimum front yard setback of 50 feet;located at:825 Stephensons Road,Orient,NY.SCTM No.1000-17-1-11.5. 10:40 A.M.-JOSE AND JUANA SARABIA#7954-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's June 7, 2024 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;1)more than the code permitted maximum lot coverage of 20%;located at:1040 Middleton Road,Greenport,NY.SCTM No.1000-40-5-11. 10.50 A.M.-HARBES ESTATE LLC MONICA AND EDWARD HARBES#7847SE-Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling,with one(1)bedroom for lodging and serving of breakfast to the Bed&Breakfast casual, transient roomers.Located at:715 Hallock Lane,Mattituck,NY.SCTM No.1000-112-1-7.4. 1.10 P.M.-MICHELE GLOVER#7952-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's June 13,2024, Amended June 20,2024 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling;1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum combined side yard setback of 25 feet;3)more than the code permitted maximum lot coverage of 20%;located at:1300 Bailie Beach Road,Mattituck,NY. SCTM No.1000-99-3-11.18. 1.20 P.M.225 OAK ROAD.LLC.PAT MCAULIFFE#7950-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280- 207A(1)(b);Article XXXVI,Section 280-208A;and the Building Inspector's June 7,2024 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling and construct an accessory in-ground swimming pool;1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum side yard setback of 10 feet;3)more than the code permitted maximum lot coverage of 20%;4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;5)the construction exceeds the permitted sky plane as defined in Article 1,Section 280-4 of the Town Code;located at 225 Oak Road,New Suffolk,NY.SCTM No.1000-110-8-10. 1.30 P.M.-NORTH ROAD HOTEL LLC,HOTEL MORAINE#7927SE-(Adjourned from September 5,2024)Request for a Special Exception pursuant to Article VII,Section 280-35B(4)and the Building Inspector's January 24,2024 Notice of Disapproval based on an application for a permit to construct a new motel building(10 units)and to build an addition to an existing motel building(4 units)upon a parcel that measures 3.251 acres in total area,at;located at 62005 County Road 48,(Adj.to Long Island Sound)Greenport,NY. SCTM No.1000-40-1-1. 1.30 P.M.-NORTH ROAD HOTEL LLC/MOTEL MORAINE#7953-(Adjourned from September 5,2024)Request for a Variance from Article VII, Section 280-35B(4)(a)and the Building Inspector's January 24,2024,,Notice of Disapproval based on an application for a permit to construct a new motel building(10 units)and to build an addition to an existing motel building(4 additional units)at;1)parcel is less than the code required minimum size of five(5)acres;at:62005 County Road 48,(Adj.to the Long Island Sound)Greenport,NY. SCTM No.1000-40-1-1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228/WebLin k/Browse.aspx?id=935072&d bid=0&repo=TownOfSouthold Please note the date to submit written comments to this office will be the Friday prior to the public hearing. After that,no documents will be accepted by this office,but can be submitted to the Board Members during the public hearing. .If you have questions,please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: September 19,2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold,NY 11971-0959 a26098cd �-.','southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 09/26/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 27 day of September 2024 Digitally signed DOUGLASWREA by doug las w rea Notary Public•State of New York Date: 2024.09.27 NO,OIRE6398443 17:06:28 +00:00 Qualified in Albany County My Commission Expires Sep 30,2027 BOARD MEMBERS ��0� S0!/j�D Southold Town Hall Leslie Kanes Weisman, Chairperson 1p 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. �. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Coin+�' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. 631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 3, 2024 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53096 Main Road, Southold, New York 11971-0969, on THURSDAY. OCTOBER 3. 2024: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. There will be a link to the Zoom Webinar meeting at http://southoldtownny.aov/calendar.aspx. 10:10 A.M. - PRISTINE PROJECTS. LLC#7943 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-63-1-5 which has merged with SCTM No. 1000-63-1-4, based on the Building Inspector's May 13, 2024 Notice of Disapproval; which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft. in the R-40 Residential Zoning District); located, 166 Sunnyside Road, Southold, NY. SCTM Nos.1000-63-1-4 and 1000-63-1-6. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link:http://24.38.28.228:2040/weblink/Browse.asnx?dbid=0 If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southo/dtownny.gov. Dated: September 19, 2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 63096 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 f . Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 O y Southold,New York 11971-0959 Z Oy� Fax(631)765-9064 o! ZONING BOARD OF APPEALS DATE: September 3, 2024 '+ : IiNfSiTrR+t+TiC+�TLOO.�NS F�O�.iR&UaBI,LC : iEARIiN� Dear Applicant; The October 3, 2024 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the ZBA public hea.ing which incbudes: PLEAS+E READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than September 25, 2024. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by September 25, 2024, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by 0-S'PS Certified Mail Return Recei ' the following documents to all owners of property (tax map with property. numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We Instructions for ZBA Public Hearing Page 2 l 16v1 ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by September 16,2024. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimfnsoutholdtoMM.gov or elizabeth.sakarellos@town.southold.Lly.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> hftps://southoldtownny.gov/DocumentCenterNiew/10528/2024-FinalAssessRoll IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimf(ab,southoldtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS to the Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. PLEASENU�TrE'�'* : TI��E"LA�'ST"`DMA'Y"'T�'O`:SU�B1VIrIT W RITTEN DOCidT�MeENTS TO' Tffi MF&CRY00R BO ERS WIL BE THEE FRdIMZ PRIOR TO THE I'UBI,I SEA a�. G. AFTER THAT N© DOCIIMiENTS WILL BE ACCEPTMED BY THEE OFFICE BII BAN BE S'U�B' �ITu�T�ED T©TIHE BOARD MEMaBERS AT THE.Pi6T�BLIC HIE , �� G Kim E. Fuentes—Board Assistant i.a�serfic he Instructions- for Zoning Board of Appeals Records • . SOUTHOLD Q ovcrnu�en rviee isitln ow Do i.. .41 L- 3;': '?t.•._.i:! ..may,_ .r�, �, t-'-t� - �`- -- •:)W Mob's - •�� :�:,hf;':i '� � i.ri'.`�,; .� `+ t. f. �'�ry,.;. ,�_. _ `¢�, - ,ps.;,,�•_ �' t� t,"�:TownCotk::::';Online`Faymgits'-.� s':'i'own;Aem�!!,Y==;-'rFomis��`�f, ��-.'C•%ts,. ...:7.. .'Ik*;' ��.l��f...'},.`, ',... �g'y,....Vie,�Gi�k�ir '' Ap{�c?t!gru�.} �• vi f''` j::,,,��F,?.RrC+t�'C�n':`�',.::Y-'. ,f''.iL:a;�pUjei•.:?-r,:.."`.,C4' �..... :EAsily'pry yau' _ t..,: �,+ �::y" - /"'� j,.•••��s,r •,.ww..i.c'\��.e^irb-.Z3.XrtiM�sr..`—..'..'a3 r..wa*•i�:Nsliti�:.�-au�ucLn%+_s. 7 �fi'� .• Yq�q,(.nv�.v.Suti.::i.�.vi%wrr/✓Lv.0\tr'{.r".�{.lr+J•. Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche Nlabl_ink - •a't.v.n�r. -•�a rain :gnc.• Nome Browse searcri Townof5authold Town()Nouthold Name Page count TemPute nam-r ':TOW,Clerk Entry-rope Nes Town Hls.ar,an Path iru.t2e5 rw,nOY x:frfd Zoning Board of APoeals(Zen) Creation date Page 2 of o i 2 29 Entries Last modified ` 1i7:J2d:1 e;X,2, ' t MeiaddU Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)"in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche Wet,Unk Home Browse Search 1 ewnc�lo,ltrofd•Zoning Board of Apoedls IZBA) //tt Zoning Board of Appeals Name Page count Template name ... 11"x►\\, (ZBA) \a phabebcal index T BnarA Acnons z Entry Pmperae, e t;Laserfiche Search Guides Path Mee 7. nng Schedules :1m1:CtSnutl:,?Id1Zcn rg Badr of Ap(:eals(LOA) _WnureslAgeadaViegal notices/Hearings Creatlon date n Pending Reports Last modified Special Event Permits 5,121,70,7 1 1:07:f a AM Tralmng Regmremenn ZBA OfBtlais 2 Metdddta ZBA Poudes 10.�P:.'.:}at:asvxlnd Eacectlons Est Code 280-IOC(3) lunsdirnon Ltsttng ZBA Book of Mapped 1977 6--g Lots 139 oredure ey Retuhc 5 Agree'nents.Cont—Is8,Leases ufMamM/pap_�mea,Wf^s2J 41 8.ik Schedules 'a^_Otnes Page I of t Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Laserfiche WehLmk " `ti r�='�L' "-' `�•ta�+,,.t .tome Browse Search `c::nl?r5n:f••��• •-,.`?3c•�r +pG'al; Board Actions Name Page count Template name Board Actions `957.1979 2 Entry Prnperr.s ' `980-1999 Path —2000 f<::u«.Wc•L_:', BC.rt1 1,7BAi,BC,:1, -.or,, 200t Creation date _2002 - '�IC...•:1: :2:':P'n -.2003 Last muddied "2co1 30;7 5.36:0i AS,t 2005 Mefaddta "2006 2007 2008 2009 _..____......_..........1 20to S ResuRs 'elms—noU-2 ?01, 2012 2013 2013 2015 2010 2017 . Panding .. ..... .. .w.MfIL�•cn_:pmrhef!thud P':+^r+v'L'aes: pa+.:,•.t i �. _.-+�_ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". a. Laserfiche Instructions ZBA Files Page 3r, �� 2017 PdN A Is nI anions 7tj M17 la ware Kenna 7t,19 sa t— So 51 So-arnnns Knens iu5 3 nix) 218 some a.--- d ..nj among -9 s aoard-1 Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. '2 vi Laserfiche WebLink Home Browse search ,Orr leeJ:Z—y Relevance Record,Management 5ea— a 7016 Scar,Acder<.32 oage($! tied-le :h—9e,d Page count:83 Template name:Board Actions Rii-set Cclinard Kristen Cashel DROOSR-re LOVTICN; 62_over Shingle�dl.wisrer 19.201 7+7016.Cashel 5CTM No.1000-9-1-25 minimus aooroval to remo.. +14-5...y 19.2017 47016,Cjshel SUM No.1000-9-1.26 GRANT.the vananCes as Search Z—s PageS...COLIN&KRIS---,N CASHEL SECTION 009 BLOC Thomas Ahlgren(C,001 PO BoF 342 F,,,hers v-d.NY Show more information �J�7018 Boarr!ACa0n-7-36 pazeai Page count:56 Template name:Board Actions 9:30 kM.-COUN CASHEL ANO VananCes underArtide ld.Se=n ANN... ,e ...ante(;?<RIS-N CASHEL97016-RecueSt proposed VeII15 Located in othe,Ma... Show more inforrination. Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1 Laserfiche Instructions ZBA Files Page 4 LaserficheWebLmk Nome Browse Search '_o`SOutnO!ej>Zonng 0oard Of Aoceals COAT+Mmutes/AgendwLegal NoticeStHeanngs Name Page count Temptme name Minutes/Agendas/Legal Notices/Hearings r 1957-1979 R Entry Properties "1940.1999 i;2000-2009 Path "-2010 TownOiSoucnO:OtZanin,Q Boar: (Mull AnUCIYAg'endaVLeg3( -I 2oiz t,iofice'l learin"r, Creation date 72:,2013 7110i2irl 257110 PM .`t 2014 Last modified 2015 t"LrtfaZOI S:.15:14`1". ^2016 Metadara 2017 I!Enh NO me3d3ta as:geed Page:Of I Mr.r••...�'.-. +.�..r-r.t.u,+..n'n.v .,. NI):V+1=:fir.. ..1n.. Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Web Link O mywebur. let. '[N.`u1 Home Browse Search TownOfSouthold>Zoning Board Of Appeals(Z3A)>MlnuresrA>;entlastLegal Notice>1Hearngs 2017 2017 Name gage count Template name _ ZEA-01052017 ' Entry Properties 1 Z3A-01:05/2011 Ag•nda Path _ MA-0110512017 searing 40 'Swnl`Sec:"olrnZ`ruu 3o•t1 I 3 .)r aWeals Z3.4-01/05:201?tN ,_p,A P.lbgb[eL AKenbai.aE.0 J ZBA-011192017 2 `IOUC25''H2dnffS.:. ' Z3A-01/192077 Agenda - Creation date 7 Last modified ZBA-02102J2017 Agenda 4 ii)tir7C17'1:4'Sa:*,1 ._.ZBA-0210212017 Heamg 45 -02;022077_N 3 Metadata ZBA Z3A-0211611017 Agenda 3 `:0 nlztadaia 1i;.gretl f ZBA.02116,'201 7 Speoal 3 --- ZBA-0310212017 7 _edure&Results .Mheahh/pap-sme 4Uses2, ZBA-03(0220t 7 Agenda s ----u----- _�ZBA-0 310220 1 7 Hearing 65 ZBA-03M22017_N 3 - Z3A-0 311 61201 7 Agenda 3 -:Z3A-0317612017 Sp—al 3 ZBA-04/W/2017 5 y ZBA-Oa206P2017 Agenda a ZBA-Oc;06,2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//southoldtownny.gov/calendar.aspx NAME : PRISTINE PROJECTS , LLC #7943 SCTM #: 1000=63= 1 =5 & 63= 1 =4 VARIANCE: WAIVER OF MERGER REQUEST: UNMERGE LOT 4 FROM LOT 5 DATE : THURS . OCT. 31 2024 10EMIO AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office Telephone (631 ) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT PRISTINE PROJECTS LLC OF MAILINGS Appeal # 7943 jt SCTM Parcel #1000-63-1-5 and 1000-63-1-4 -------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Madison Messina, residing at Riverhead, New York, being duly sworn, depose and say that: On the 13th day of September, 2024, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the addre§s of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Madison Messina Sworn to before me this day of September, 2024 ( otary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires OB-02-2025 ■ • • ervice CERVFIED MAiO ■ ■ Ln O I• • Q' IS' °O K z uax Er Certified Mail Fee :zww s ( Icy d•:.;;1 x i> \ 3 rn ru � � i',��;:• - 0�-. Certified Mail Fee ,- IL $ Q wl ? $ +, i�4+4.;44"I p Extra Services&Fees(check box,add fee as appropdete)1 ��,ll; EMra Services&Fees checkbox,edd lases "" ❑Return Receipt(hardooPY)- $ 4 ; ❑Return Receipt(hard py) appropri ite) O ❑Return Re celpt(electronic) $ 'Q Postmark C3 ❑ReturnReceipt(electronic) $- via ')��q.1ll j�` Q ❑Certified Mall Restricted Delivery $ '� Here ❑Certified Mail Restricted Delivery 'SE•� 1 3Postmarg ❑Adult Signature Required $ y+'., � O ry $" Here ' J I ❑Adult Signature Required $ �;, x+ + ❑Adult Signature Restricted Delivery$ L ��/(._, - O ❑Adult Signature Restricted Delivery$ E3 Postage Er Postage r� $ ES nt, �- total P - — ! m total Pr tiSent$ Julio Nunez CO 8entrd John L Conway ^� 210 Sunn side Road C3 -- • Y o sireat 1625 Horton Lane p street+ , r. Southold, NY 11971 Southold NY 11971 -- c�ry,st . • Postal CERTIFIED o . ru I. • .mp I, mail • nlk Cc p M , N rma € ppry t,N t'sz f ' �,ti Y .,/ .�, iF j ; �;`x,` .� \•;,Srt >i t I )Ii ru Certified Mail Fee i ^"t " z w ')' �, f(� Certified Mail Feru ke f #: E3 � � �� ` ru F�ctra Services&Fees(check box add fee as ropdete) Extra Services$Fees(check box,add fee ❑Return Receipt ardco •`�' as appropriate) rU P(h PY) $ ,� ,�3'Zp`ta y 4 r ,❑Return Receipt(hantcopy). $ C3 ❑Return Receipt(electronic) $ L'r A c Q ❑Return Receipt(electronic) $ ❑Certified Mail Restricted Delivery g �1J�`Postmark )t,, M ❑Certified Mail Restricted Delivery $-- ��Postmark �•� 0 ❑Adult Signature Required $-- �, Here 0 ❑Aduit Signature Required $'� i l�Here t 1 ❑Adult Signature Restricted Delivery$ i ❑Adult Signature Restricted Delivery,$1-3I -3 = l •• / ;7�� /'''� Postage r�•M1I Postage 1 r—1 $ o $ ru rota' Donna L. Dill PE Toter- $ $ I Timothy R Staron ru Sent Structures Department MTA LIRRrU Sent E3 Hillside Main Complex o I Allison L Staron rd r., 205 Sunnyside Road, NY 11971 ------------ �fry< 93-59183 Street c'ry Southold Hollis, NY 11423 •----------- ------------ TI ■ •stal Po9tal Service ■ , k p ■ ■ T. CEkTIFILD MAIL@ RECEIPT Do�i!Stic Mail Only rU Domestic Mail Ir rq cr �- co f , i s;,x"'S _.. • • • . • �" O • ,' I�:::..a• r. r•'a3 �3 f"` • § v • (:•. • + g "-.,. l:- I' ��?? t• ii �.: i' w <•; �"" `"-a j Ls""1 LY•�x._..._,-.i2• L JJ rU Certified Mall Fee HI H Certified Mail Fee i Y 1 j 4 `,`1 • O Extra Services&Fees(checkbox,add fee as eppropdate) p Extra Services$Fees(checkbox add fee as f 1' ❑Return Receipt(hardcopy) $ appropriate) r 'y--I ❑Return Receipt(hardcopy) $ tl tw�.0 -r I ru ❑Return Receipt ' P(electronic) $ "''I ILI, Postmark I k+(+ rLl � ❑Return,Recei t electronic a pt(electronic) $ e»"'+,p��Po 04 r � ❑Certified Mall Restricted Delivery $ Here ❑Certified Mall Restricted Delivery $ =^1, i + C3 ❑Adult Signature Required $ -• ❑Adult Signature Required $ Y `,':P ) +�`� •� :,f Gs;'f� � ❑Adult Signature Restricted Delivery$ ❑Aduk SlgnetureResVlcted Delivery$ J�••,-, !� Postage Postage Lc C. - - = Total P< ruru T t' John J Senko Jr --- ---- "' $ Peter Baschnonga } lu San Wanda Senko RJ Sent To ru ______-• Christine Kuzman o RF 89 Peninsula Boulevard ------------- p_ Stieeta _________ r` 580 Skunk Lane i c;67 Hempstead, NY 11550 •------------ ctry,stt Cutchogue NY 11935 I � , ,r rrr.•• PRISTINE PROJECTS NEIGHBOR LIST 101" Timothy R Staron Allison L Staron 7022 2410 0002 0224 0868 205 Sunnyside Road Southold, NY 11971 Sctm: 1000-63.-1-4 4- Joseph F. Radich 960 Greenfield Lane 7022 2410 0002 0224 0875 Southold, NY 11971 Sctm: 1000-63.-5-21 Donna L. Dill PE Managing Civil Engineer Structures Department MTA LIRR 7022 2410 0002 0224 0882 Hillside Main Complex 93-59183 d Street Hollis, NY 11423 Sctm: 1000-63-5-1.1 John J Senko Jr Wanda Senko 7022 2410 0002 0224 0899 89 Peninsula Boulevard Hempstead, NY 11550 Sctm: 1000-63.-5-12.1 Julio Nunez 7022 2410 0002 0224 0905 210 Sunnyside Road Southold, NY 11971 Sctm: 1000-63.-1-6 Peter Baschnonga Christine Kuzman 7022 2410 0002 0224 0912 580 Skunk Lane Cutchogue NY 11935 Sctm: 1000-63.-1-8.2 John L Conway 1625 Horton Lane 7018 3090 0001 4919 8981 Southold NY 11971 - - Sctm: 1000-63.-1-1.3 -� TM U.S. Postai Service CERTIFIED MAILP RECEIPT, to Dorrfesfici Iviail Only co • • � F B C L U � � ru ru Certified Mail Fee -�- ru $ 1 YV 11� C3 Extra Services&Fees(check box,add fee as appropriate) ,-� ❑Return Receipt(hardcopY) $ goat ,y j r7J Return Receipt(electronic) $ a C3 ❑ ) H i ❑Certified Mail Restricted Delivery $_,--�i-,9 1 Q []Adult Signature Required $ + (3 Adult Signature Restricted Delivery$ I t Postage '•�, .. n7; l Totat �srATi 5 " ru $ Joseph F. Radich fl.l Sent ru 960 Greenfield Lane .__-_------- C3 $[ree N Southold, NY 11971 ------- • COMPLETESENDER: COMPLETE THIS SECTION DELIVERY A. Signature ■ Complete items 1,2,and 3. Agent ■ Print your name and address on the reverse X /�� Addressee so that we can return the card to you. B, Received by(Printed Name) C.Date of Delivery 1 ■ Attach this card to the back of the mailpiece, I n �,a a c c fG))-VLy or on the front if space permits. ❑Yes t 1. Article Addressed to: D.Is delivery address different from it 1? s, if YES,enter delivery address below: ❑No �rJpseph F. Radich i t,,.F .960•,Greenfield Lane S uthold, NY 11971 SeNiCeTyiYe ❑priority Mall Express® III'lll'I I'll I�III'lllllll I II IIIIIII'lll I II III ❑Adult signature ;" ❑Registered Malin cted ❑Adult Signature Restricted Delivery -O:Regi Rstered Mall Restri ❑Certified Mail® % :' w Delivery 9590 9402 8702 3310 8042 88 ❑Certified Mall Restriote`d Delivery.' -tl' Signature Confirmation*"' i ❑collect on Delivery ( ❑Signature Confirmation 11111 sdregNull Delivery i t� i jed0e'( I t Isir(ctedDeliveN , 1 2. Article N 1 biIer ff(TransferA1 se (ice label) rj I i t t f ❑Iove$0 ial Restricte Delivery Domestic dim Receipt PS Form 3811;'July 2020 PSN•7.530-02=000-9053 y i COMPLETE • ON DELIVERY COMPLETE • ■ Complete items 1,2,and 3. A Signature ■ Print your name and address on the reverse X d Addressee } so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, G 6 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes 4 If YES,enter delivery a dress below: ❑No Timoth�4 R Staron 1 AWsoi:f V.Staron 205'SuInnyside Road 1 i Southdld;•NY 11971 1 3. Service Type ❑Priority Mall Express® ❑Adult Signature ❑Registered MaIITM IIIIIIIII IIIIIIIIIIIIIIIIIIII1RIIIIll IIllIll ❑Adult fiedSignature Restricted Delivery ❑Flattered MallRestrin'n' •, ❑Certified MaIIO + 9590 9402 8702 3310 8042 95 ❑Certified Mail Restricted Delivery Cl Signature ConfirmatlonT°" 1 ❑Collect on Delivery ❑Signature Confirmation 4i ❑Collect on Delivery Restricted Delivery Restricted Delivery 1 2. Article Number.frransferfrom.servlce)abegl •: p InsurediMallI i} i j;SS I i 1 I f l l t l i i l; 1 l l iit -,i 1]Insured Mall Restricted Delivery S over$500 Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 i 0 J.^l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of #7943 PRISTINE PROJECTS LLC AFFIDAVIT OF POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-63-1-4 and 1000-63-1-5 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE of Southold, New York, being duly sworn, depose and say that: On the 24 day of September, 2024, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or rig�t-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 in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, October 3, 2024 at 10:10 am. PATRICIA C. MOORE Sworn to before me this a day of �W ly" Anbafma--o o ary Public MADISON MESSINI NOTARY pUBLIG,STATE OF NJFRegistration No.01 ME63Qualified in Suffolk coCommission Expires February I • • ° • • A. Signature'' ■ Complete items 1,2,and 3. i El Agent I ■ Print your name and address on the reverse X _ ❑Addressee l so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B• Received by(Printed Name) G. of Del�v ` or on the front if space permits. l _ l�.11�1 j 1. Article Addressed to: D. Is delivery address different from item 1? Y c r-; If YES,enter delivery address below: o Juli.o'NLf",'Z`' ide Road St�:i'otd' NY 11971 I • j 3. Service Type ❑Priortty Mail Express® I• II I IIIIII IIII IIIIII II I II I I II I IIII I I II II II I I III ❑Adult Signature ❑Registered I Ma1lTM❑Adult Signature Restricted Delivery ❑Registered MZ:k restricted` ❑Certified Mail@ Delivery 9590 9402 3478 7275 9572 19 ❑Certified MaH Restricted Delivery ❑Return Re Sept for ❑Collect on Delivery ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation^^ 2. Article Number(Transfer from service label) ry❑Insured Mail ❑Signature Confirmation ❑Insured Mall Restricted Delivery Restricted Delivery (over$500) r 3811•July,2016 PSN 7 30-'02- 00-9053ii Domestic Return Receipt PS Form �! I ( ! I ! ! II It�!Il �! lil E1 i • • • • • DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ .Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee 1, ecei ed y(Printed Name) C. Date of Delivery � ■ Attach this card to the back of the mail lece, or on the front if space permits. p U G k 1 4�- 16 -(V I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes -+ 1If YES,enter delivery address below: �lo ¢ Peter Baschnonga / n Christine Kuzman `580 Skunk Lane j Cutchogue NY 11.935 3, Service Type ❑Priority Mail Express® ❑Adult Signature D Registered MaiITM II I IIIIII IIII IIIIII II I II I I II I IIII I II I II I II I El Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 3478 7275 9572 26 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise j 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation + ❑Insured Mail Restricted Delivery Restricted Delivery j (over$500) :Juljr�20i1(S�PSN 7 530-10210100; PSiForm 3i811 i 0053 Domestic Return Receipt •M)�LE-TE THI'S �ECTION COMPLETE ° • DEVVERYt I ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X iz1G El Agent i so that we can return the card to you. ❑Addressee I ■ Attach this card to the back of the mailpiece, B�ecalved by(Printed Name) C. Date of Delivery or on the front if space permits. e-� 16q +( i 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No John•L Conway �) I i 162-�'Horton Lane j SotithoLd NY 11971 I _ 3. Service Type ❑Priority Mail Express® II I IIIIII III II I II III I I I I IIII I I III I III I III ❑Adult Signature ❑Registered Mail � El Adult Signature Restricted Delivery ❑ RRegistered Mail Restricted ❑Certified Mail® Delivery 9590 9402 3478 7275 9572 33 ❑Certified Mail Restricted Delivery ❑Return Receipt for i ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT. ❑Insured Mail ElSignature Confirmation I ❑Insured Mail Restricted Delivery Restricted Delivery ilt ±t!lllifilllfiili! fit iilf f ? (over$500) I PS'Forrn 38111,'July 2W PSN 7530-'02-000-9053 Domestic Return Receipt 10/3/24,2:17 PM USPS.com®-USPS Tracking®Resif'- 3 ALERT: HURRICANE HELENE, FCvODING,AND SEVERE WEATHER IN THE SOUTHEASTERN U.... USPS Tracking FAQs > Remove X Tracking Number: 70222410000202240882 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. m m cn a Get More Out of USPS Tracking: v USPS Tracking Plus® Delivered Out for Delivery Preparing for Delivery Moving Through Network In Transit to Next Facility September 19, 2024 Arrived at USPS Regional Facility BROOKLYN NY DISTRIBUTION CENTER September 14, 2024, 8:58 am Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER September 13, 2024, 8:03 pm Hide Tracking History https://tools.usps.com/go/TrackConfirmAction?qtc_tLabeisl=70222410000202240882 1/2 '� •:� V ��1' \ r)'�G`,e:� .� d �� :Y •i•N y r i. � �•t f G��,♦ "�}�,Ap•�r�.1 t,�4it 1' •rYrr 1� r :r I. f4. `:?r' F�1,'�',., �k:� 'k�� ', + 1'; ��r�d�� +� ��.�•v ir.� p ' � W• 1k7r�A Iqy�N�•j '�b i I n �y •'` . r •�; ,g�� , �� FJ•r 1, A� x f lr � I. �, �Y1i� {�, 'a ` r +ch v �fa ►�f •F�--1 � �' •Q � �: �4.^1 ,' - w` I �;Q I ,.,,ram. f'�^ ifU,.,r' �,� 1�., �a►�/' .,may.Vic" .+`k- �.. ... � (j,. - `'r• � 4• .try. . s' ! 'n o •x i *rw�'Ys�fd 1 ti SENDER: SECTION. DELIVER ■ Complete items 1,2,and 3. A. Signature' ■ Print your name and address on the reverse x 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, E. Receiv d y Printed me) C to of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address fifferent from item 1? O Yes Jahn J Senko Jr If YES,enter delivery address below: ❑No Wanda Senko 89 Peninsula Boulevard Hempstead, NY 11550 3.II I Illlll I'll III I II II l I III I I I I II I I I III Il III III Service Type ElPriority Mail Expresso El ❑Adult Signature ❑Registered MailrM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted O Certified Mail® Delivery 9590 9402 8702 3310 8041 58 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(transfer from service label) u Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail ❑Insured Mail Restricted Delivery (over$500 PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt �. �"►, � �,� � chi W� "iy t d — / T 1 yy d `� �� T.,��.i'Vk �y� �,1, f 'fix •� ,,y � "r. L ` '� +l fix- ( ;. Mi:l.. r. �l„ '_ �c•-. �. ,.. � t �yr st s�Ki ry ;' � A•�1 "�. \\ y il' .':tt� -a��4J3 e+ai:�; �',(p�'� tr � ' l BOARD MEMBERS �*fjF SO(/jyO Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. ��. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COO , Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 June 4, 2024 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File#: 7943 Owner/Applicant: Pristine Projects, LLC Action Requested: waiver of merger Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chh�a�ir�person By: Encls. Site Plan/Survey: Lot 4-Harold F. Tranchon Jr, dated August 9,2007 Lot 5-Peconic Surveyors, dated June 2, 2021 L j i i Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk • Planning Commission Submission • • u for Planning and Zoning Referrals - Municipality: Town of Southold Hamlet: Southold Local Case Num e ' 7943 District: 1000 Section: 63 Block: 1 Lot:5 &4 Local Meeting Date: 24 Application/Action Name: Pristine Projects, LLC Public Hearing: Yes ONo Referring Agency: Type of Referral: Planning Board or Commission ❑✓ GML239/A14-14 S.C.P.C. Regulatory Review • Zoning Board of Appeals F�SEQRA Coordination &Advisory Town BoardNillage Board of Trustees Request for Informal Input from S.C.P.C. SEQRA Action: REAF Lead Agency DDraft Scope []Draft EIS Final EIS Findings Brief description of application or proposed action: Waiver of Merger- unmerae lot 5 from lot 4 Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one mile of a nuclear power plant or airport or within 500 feet of.- . A municipal boundary, The boundary of any existing or proposed county, state, or federal park or other recreation area, • The right-of-way of any existing or proposed county or state road, An existing or proposed county drainage channel line, • The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water, The boundary of county, state, or federally owned land held or to be held for governmental use, • The boundary of a farm located in an agricultural district. Comprehensive Plan (Adoption or Amendment) Subdivision ❑SEQRA Only Zoning Ordinance or Map (Adoption or Amendment) Use Variance Moratorium Special Use Permit/Exception/Conditional Use Area Variance Site Plan Code Amendment Official Map Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission.The provisions of GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements. Contact Information Municipality Contact Name: Leslie Kanes Weisman Department/Agency: Zoning Board of Appeals, Town of Southold Phone Number: 631-765-1809 Email Address: donnaw@town.southold.ny.us Applicant Contact Name: Pristine Projects LLC c/o Patricia Moore, Esq. (agent) Applicant Address: 51020 Main Rd, Southold, NY 11971 BOARD MEMBERS ��0� SOUTH® Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O !� 53095 Main Road• P.O. Box 1179 .� Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUNT�,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD / Tel. (631)765-1809 November 26, 2024 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA—Application#7943, Pristine Projects 155 Sunnyside Road, Southold, NY SCTM No. 1000-63-1-5 Dear Mrs. Moore; Enclosed is a copy of the Zoning 'Board's November 21, 2024 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above referenced variance application. Sincere Kim E. Fuentes Board Assistant cc: Building Department Revisions lglfv 10-10-97 05-14-98 03-23-99 - ar o7-2e-99 09.11-00 N3]32E2' 12-11-00 01- -01-01 Oft, j tipP` {\►p J �� 01-23 02-1414-02 '� a '� 07-09-03 �, FAO,p1G G,CR.. �.,. oe-06-04 y 10-28-04 05-16-05 ��. 04-04-06 no 10-20-06 V g' Ap P' O 19 03-27-07 OB-04,07 ^ 0B-02-07 15 1 r•'f V 01-11-M �o OB-7-OB 0 _ 1 ' 12-19-08 �NCA�✓•` 01 NtP4'e4}' 02-20-09 09-04-09 1.12 pa 07-26-10 •`'`c 2.5A 9, 02-03-12 12-24 OS-18-21 21 W � t 03-28-23 j 1.5 &GA •. (TOLNJOFSOUTHOTS n DEVELOPMENT RIGHTS) - I z 2 s 13.1 LU s +" aIF 14 -p t "132 "' w { SEC RDmi 113 0 to i 10 D41 31 �13 a 4 NN 2.121 ST.PATRICKS CHURCH 10.2 o�" 4.5A(c) s 4g: � ,•vr aka .2 '� ,,•R ,„ ",� ��.. UCHER 4u� 7 /�, 6' ,y as R• 4b j.T 1.3A(c) i� n• Nt FIRST SOUTHOLD SCHOOL DISTRICT NO 5 R UNIVERSALIST 1 •6 6 1. ) • J CHURCH + QK�,�¢ N' J — �z -- FOR PCL.NO 4 SEE SEC.NO - •.4 IUI , B 2 070-02-023.2 N 329 482 -- .S 9 R MATCH LINE "r'? R I - sliq 3 q 1 eay ^Q�G•F L lNU, pfyVMoT•E—AJIS p NTI ES �HADFD NEA6 WTHrGF THIS sF:rW NNF -I,err � 'raayv wv l.. "armlw 23 A•Em IN TE"Low"DIBWTS' E BOIDDU .—II CE 1MM _ _ Bib O �^'m o.r —�— —A— 121Nd)-21A G N!E 2x _ _ XYDRAM --"— •n wuTv.Ure ------- ,."�aAro 12111i E LUHTt A _ AER mow— p•,ry lln �— .ro.uro '• N m --.- - Iwo --R— _ p 8EN£f` ——'— YPBTEw IER— —_w"— �'� --- ia.n:gyro (21) i Ly11fF0(F`z TOWN OF SOUTHOLD—BUILDING DEPARTMENT �o ?' Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 y . o Telephone (631) 765-1802 Fax (631) 765-9502 hqps://www.southoldtowimy.gov Date Received APPLICATION FOR BUILDING PERMIT PROVAL 4rv�� Er-- � a � E 1 o' For Ofce Use Only I cc+aa PERMIT NO Building Inspector. { ( - ry) p }+ - - i- �- 'Ap,pl�catio.ns,a'ndlf;.ohms:must:be:fill'ed.:out`ii:.th_it �_ _ i<a `'leatio'ns will:not'f;e`accepted�'':Where%tke:A iicant i not.ttie 9wne,,,an - {. . `_ .i.. �. O:wner'`s,AutHorizationafori �(,Page:2)►stialllfeteompleted:;'='; `'`a:=:; Date: a�_�5 2, v j r OW R . .,, ,_ �L4 Name: Per S� �m c �.PCO e-G-rS SCTM#1000-Project Address: ��J�' .5 0/7 . -S �lP L5)6 O Cb Phone#: `1^-77 �� .� �p c1�— Email: Mailing Address: �'1 t - :E SON. -'CT,P R ON TA Name: PATRICIA C. MOORE Mailing Address: 51020 MAIN ROAD SOUTHOLD NY 11971 Phone#:631-765-4330 TE—M-;,'I:pcmoore@mooreattys-com I TION I• - RM ,DA NF.O -L•I t• -�E IONA SS ESIGNPROF .Name: Mailing Address: Phone#: Email: AT\� Name: ��,.� Mailing Address: Phone#: Email: ON 4L l• i .Y`• D , DESCIZ'1PTION-01FPROPOSE + ❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ElOtherNOTICE OF DISAPPROVAL $ Will the lot be re-graded? ❑Yes 2<0 Will excess fill be removed from premises? ❑Yes ONO 1 Fidelity National Title INSURANCE , SERVICES, LLC �11 } ' 4 v t TITLE NO: 7404-017701 District: 1000 Section: 063.00 s �" Block: 01.00 Town of Southold, New York Lot: 005.000 Gentlemen: FIDELITY NATIONAL TITLE INSURANCE SOUTHOLD that it has searched the records of the Suffolk County SERVICES,LLC hereby certifies to the TOWN OF captioned property and properties immediately adjoining and finds: Clerk for deeds affecting the SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk further conveyance of any of the foregoing lots other than as set forth. ty Registrar disclose no other FIDELITY NATIONAL TITLE INS U CE Property has been in single and separate ownership by Pristine Pro' SERVICES,LLC certifies that the above-captioned predecessors in title since prior to 1983 except as follow : Jects LLC and his/her s (see attached chains of title). No searches have been made other than as expressly stated above. The this Certificate shall only be to the party to whom it is certified circumstances exceed the amount of Twen' =Prue Thoiasce. Company's liability under R red and such liability shall under no title insurance can be issued based upon the information contained in the d Dollars($25,O�OOfQ40)and no policy of Dated: February 6, 2024 Certificate. FIDELITY NATIONAL LE INSURANCE SERVICES, LLC Sworn to before me this JE VA 6th day of February, 2024 Notary Public SANDRA J GOLESKI NOTARY PUBLIC,STATE OF NEW YORK Registration No,01005032467 Qualified in Suffolk County 24 Commerce rive x ' s t 6 727-0600 •Fax: (631)727-0606 f 0 Fidelity National Title INSURANCE SERVICES, LLC TITLE NO. 7404-017701 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) JEAN DUVA,being duly sworn deposes and says: That he/she has had a search made of the records of the County Cleric of Suffolk County with reference to an application for a variance affecting the following premises: S CTM: 1000-063.00-01.00-005.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 1983. SUBJECT PREMISES: 1000-063.00-01.00-005.000 Daniel R. Grattan and Agnes V. Grattan,his wife Liber 5107 cp 133 TO Dated: 05/27/1961 --Daniel P. Grattan { Rec'd: 0.1./05/1962 Daniel P. Grattan Liber 11334 cp 409 TO Dated:,07/30/1991 � q, Wayne S. Grattan Rec'd: 00/16/1991 Wayne S. Grattan Liber 12226 cp 979 j TO Dated: 11/04/2002 Zoumas Construction Corporation Rec'd: 12/26/2002 j FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this JEA DU 6th day of February,2024 ttary P SANDRA J GOLESKI NOTARY PIJBLIC.STATE OF NEW YORK Registration No.OIGO5032467 (qualified in Suffolk County Commission Expir!s August 29,2026 7-0600 Fax: (631)727-0606 24 Commerce Drive 0 Riverhead,New York 11901 • (631) 72 • 1, Fidelity National Title INSURANCE SERVICES, LLC Zoumas Construction Corporation Liber 12567 cp 14 TO Dated: 09/17/2005 Ioannis Zoumas and William Zoumas Rec'd: 10/02/2008(Ack'd 09/17/2008) Ioannis Zoumas and William•Zoumas Liber 13129 cp 211 TO Dated: 08/18/2021 Pristine Projects, LLC Rec'd: 11/12/2021 LAST DEED OF RECORD PREMISES NORTH: 1000-063.00-01.00-004.000 Daniel R. Grattan Liber 3161 cp 592 TO Dated: 12/09/1950 r Daniel P. Grattani Rec'd:4^12/11/1950� ;Daniel P. Grattan Liber 10377 cp 108 TO Dated 07/'13/1-987 Harry Winterling and Jeanette Winterling,his wife Rec'd: 07/29/1987 Find no proof of death for Jeanette Winterling in Suffolk Surrogates Court. Paul A. Winterling and Crane Winterling,as sole Liber 12519 cp 957 Distributes of the Estate of Harry 0. Winterling, and as Dated: 08/17/2007 Co-Executors of the Last Will and Testament of Harry 0. Rec'd: 08/28/2007 Winterling, deceased 10/27/2006Suffolk Surrogates Court File No. 2270 P 2006 TO Janice Brandfon FIDELITY NATION L TITLE INSURANCE SERVICES,LLC Sworn to before me this JEAN A 6th day of February, 2024 Notary Public SANDRA J GOLESKI NOTARY PUBLIC,STATE OF NEW YORK Registration No.01GO5032467 Qualified in Suffolk County Commission Expires August 29,2026 24 Commerce Drive • Riverhead,New York 11901 0 (631) 727-0600 • Fax: (631)727-0606 Fidelity National Title INSURANCE SERVICES, LLC Janice Brandfon Liber 12720 cp 21 TO Dated: 01/18/2013 Timothy R. Staron and Allison L. Staron, husband and wife Rec'd: 02/06/2013 LAST DEED OF RECORD PREMISES EAST: SUNNYSIDE ROAD PREMISES SOUTH: LIRR PREMISES WEST: 1000-063.00-05.00-021.000 Louis Hodor Liber 9092 cp 76 TO Dated: 10/20/198 I 125-127 Main Street Corp. Employee Pension Trust Rec'd: 10/28/1981 (premises and more) 125-127 Main Street Corp. Employee Pension Trust Liber 9537 cp 128 TO Dated: 03/21/1984 Joseph F. Radich and Glenda Radich,his wife Rec'd: 03/30/1984 LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this JEAN-CA 6th day of February, 2024 Notary Public SANDRA J GOLESKI NOTARY puRuC,STATE OF NEW YORK Registration No.01005032467 Qualified in Suffolk County Commission Expires August 29,2026 24 Commerce Drive • Riverhead,New York 11901 (631)727-0600 • Fax: (631)727-0606