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Home My WebLink About6371 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road IZO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED , FINDINGS, DELIBERATIONS AND DETERMINATIO~°uth°ld Town ClorI~ MEETING OF MAY 20, 2010 ZBA Application No. 6371 Applicants/Owners: Southold Lot Holdings LLC and Southold Ikopedo LLC SCTM 1000-50-4-3, 4, 5 Property Location: 830, 980, 1120 Soundview Ave. Ext., Southold, NY Request for a Lot Waiver under Section 280-11 to unmerge a vacant lot consisting of 16,697 square feet known as SCTM 1000-50-4-5, from two adjacent lots consisting of 12,505 s.f. for lot 3 and 22,166 s.f. for lot 4 = 34,671 square feet total, known as SCTM 1000-50-4-3&4, based on the Building Inspector's Notice of Disapproval, dated January 26, 2010, pursuant to Section 280-10(A), determining the properties have been merged. The Zoning Board of Appeals held a public hearing on this application on April 22, 2010, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family since the time merger was effected. Additional Information: While irrelevant to our consideration, it is clear that the applicant has perceived that, because they received separate tax bills, the three lots were not merged. Pursuant to §280-11, the Zoning Board finds that; (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood. The applicant currently has a conforming 51,368 s.f. lot in the R40 District consisting of three merged lots (SCTM 1000-50-3,4,5) The Applicant seeks recognition of two lots, and a comparison of the other lots in the immediate neighborhood shows that the proposed lot 3 and 4 at 34,671 s.f. resulting from the waiver of merger will be consistent with the average size of many of the lots in the neighborhood. The proposed lot 5, with 80 feet of street frontage, is less conforming in width, than any other lot in the neighborhood and is smaller in area at 16,697 s.f.. However, the survey for lot 5 shows a conforming building envelope of sufficient size to Page 2- May 20, 2010 ZBA File#6371 - Southold Lot Holdings LLC and Southold lkopedo LLC CTM: 1000-50-4-3,4,5 at 830,980,1120 Soundview Ave. Ext., Southold, NY permit the construction of a single family dwelling that is comparable in size to many in the area. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because all 3 of these lots were purchased at different times, and from different owners. All three are unimproved and the lots were created by deed prior to zoning. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because the lots do not contain any wetlands or critical or sensitive environmental features. The lots appear on the Health Department records therefore sanitary approval is grandfathered and public water is available nearby on Soundview Avenue. The vacant land contains unremarkable trees and assorted brash. The construction of a single-family residence on each of the two proposed lots would be in keeping with the neighborhood.. 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 Homing, seconded by Member Dinizio, and duly carried tO: Grant, the waiver of merger as applied for as shown on the surveys by Nathan Taft Corwin dated January 4, 2010 for lots 3 and 4 and January 4, 2010 for lot 5 (corrected survey received by the ZBA on April 30, 2010) Vote of the Board: Schneider. This Res~ion was duly ad~3ted (5-0). Leslie Kanes Weisman, Chairperson Approved for Filing 5~7~2_7/2010 / Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Homing, JUN 2 2010 Soulhold Tow~ Cleri SURVEY OF PROPERTY SITUA T£ SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-50-04-05 SCALE 1"=30' JANUARY 4, 2010 AREA = 16,697 sq. ft. 0.385 ac. CERTIFIED TO: SOUTHOLD 10T HOLDINGS, LLC ~ / o/7o¢¢ ,/ ~/o/~. ~re) :INAL MAP ZB ~,EVIEWED BY SEE DECISION # DATED NOTE: ZONING USE DISTRICT: R-40 BUILDING ENVELOPE SET BACKS ARE PER R-40 REQUIREMENTS. 4 UNAUTHORIZED ALTERATION OR ADDII]ON TO THIS SURVEY IS A VIOLATION OF SECllON 7209 OF THE NEW YORK STALE EDUCATION LAW. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTI TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABUSHED BY THE L.I.A.L.S. AND A~PROVED AND ADOPTED "'~_~.N.:y~f Lic. NO. 50467 Nathan Taft Corwin III Land Surveyor Title Surveys -- Subdfvlsions -- Site Plans Construction Layout PHONE (6~1)727-2090 Fax (651)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jomesport, New York 11947 Jamesport, New York 11947 29-316 2 S,C. TAX No, 1000-50-04-03 fl ~OARD OF APPEALS NOTE: SURVEY OF PROPERTY SITUATE $OUTI~OLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-50-04-05 S.C. TAX No. 1000-50-04-04 SCALE 1"=$0' JANUARY 4, 2010 AREA DATA S.C. TAX No. 12,505 sq, ff. 1000-50-04-05 0.287 ac. 5,C, TAX Ne. 22,166 sq, fi. 1000-50-04-04 0,509 TOTAL 54,671 sq. ff. 0.796 ac. CERTIFIED TO' SOUTHOLD LOT HOLDINGS, LLC ZONING USE DISTRICT: R-40 BUILDING ENVELOPE SET BACKS ARE PER R-40 REQUIREMENTS. IREVlEWED BY ZB_A, I UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STA~ THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, Nathan Taft Corw,n III Land Surveyor PHONE (631)727-2090 Fax (651)727 1727 29 316- FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore for Southold Holding LLC 51020 Main Road Southold, NY 11971 Date: January 26, 2010 Please take notice that your application dated January 26, 2010 For a merger determination at Location of property 830, 980 & 1120 Soundview Ave Ext., Southold Tax Map No. 1000- Section 50 Block 4 Lot 3,4,5 Is returned herewith and disapproved on the following grounds: The subject lots have merged pursuant to Article 11, Section 280-10(A) which states: "Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adiacent lot is one which abuts with 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." CC: File, Z.B.A. TO: Patricia Moore for Southold Holding LLC 51020 Main Road Southold, NY 11971 SOUTHOLD, N.Y. ~ ~ NOTICE OF DISAPPROVAL ~ Date: O~ob~ 7, 2009 P. ECEIVED BOARD OF APPEALS Please take notice that your application dated September 15, 2009 For a merger determination at Location of property 830, 980 & 1120 Soundview Ave Ext., Southold Tax Map No. 1000 - Section 50 Block 4 Lot 3,4,5 Is returned herewith and disapproved on the following grounds: The subject lots have merged pursuant to Article II, Section 280-10(A) 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 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." ' -' Signature CC: File, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Faga, Kevin & Jeanine Weingart, Bryan R. & Holly A. Unexcelled LLC Anello, Robert & Beth Southold Holding LLC Meskouris, Chris Hildebrand (Chrism) & Abrams (Jeff) Anderson (James & Ellis (Rosemary) 6367 6368 6369 6370 6371 6372 6373 6374 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORtAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 RECEIVED BOARD OF APPEALS Margaret Rutkowski Betsy Perkins Secretary January 26, 2010 Leslie Weisman, Chairman Southold Town Hall Annex Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED Re: SOUTHOLD LOT HOLDINGS LLC (GIANOPULOS) Waiver of merger, Soundview Ave., Ext., Southold Dear Chairman and Board members: Enclosed please find an application for Waiver of Merger for the above referenced property together with the following additional documents: 1. Notice of Disapproval 2. Authorization form 3 Property cards for each parcel 4 ZBA Questionnaire 5 Transactional Disclosure form 6 LWRP Assessment form 7 Tax map indicating vacant & housed 8 Copy of prior 1972 ZBA decision 9 Subdivision map 10. Single & Separate searches 11. Agricultural Data Statement 12. Short EAF form 13. Survey of tax lots 3 & 4 14. Survey of tax lot 5 15. My client's check in the amount of $150.00 representing the filing fee. PCM/bp encls. yours, RECEZVED 80ARD OFAPPEALS Fee: $ Filed by: Office Notes: For Office Use Only Date Assigned/ZBA File WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_Oet-o~ WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED S~ under Town Code Chapter 280 (Zoning), Article II, Section 280- 10 for: [] Building Permit [] Permit for As-Built Construction [] Certificate of Occupancy [] Pre-Certificate of Occupancy E Other waiver of merger Owner of Parcel for Waiver: (1000-50-4-5) Southold Ikopedo LLC Owner of Adjacent Parcel: (1000-50-4-3&4)__Southold Lot Holdings LLC Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: 9401 Bolton Road, Los Angeles, Calif. 90034 Telephone No: 310-404-6703__ Fax/Email Agent for Owner: Patricia C. Moore Address:51020 Main Road, Southold NY 11971 Telephone No: 765-4330 Fax/Email:_pcmoorel(&~optonline. net Please specify who you wish correspondence to be mailed to, from the above: [] Owner, or [] Authorized Representative X I (we), Patricia C. Moore Esq. as attorney for Southold Lot Holdings LLC and Southold Ikopedo LLC, _, request that the Zoning Board of Appeals waiver the merger and recognize the original lot lines under the provisions of Article II, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for the purpose of un-merging Suffolk County Tax Map District 1000, Section 50_ Block 4__ Lot 5 containing 19,170 sq.ft, located at No ~ECE[VED ;BOARD OF APPEALS g__Street Sound View Avenue Extension, Southold , to be unmerged from District 1000 Section 50 Block 4 Lot 3 & 4 (containing ~12,000sq.ft. + 22,300= 34,300 sq.ft.. The property is located in the R-40 Residential Zone District. The three parcels are vacant. Tax Lot 3 was created by deed in 1966 by the heirs of Simon Fillmore Peavey, Jr. To Alfred C. Peavey. Nicholas James Gianopulos purchased this separate parcel in 1967. This parcel continues to be held by the Gianopulos family in the Southold Lot Holdings LLC. Tax lot 4 was created by deed in 1959 by Roger F. Grattan to Robert H. Renison. This parcel was purchased by Nicholas Gianopulos in 8/27/73 as a separate parcel. Parcel 4 continues to be held by the Gianopulos family in the Southold Lot Holdings LLC. Finally, tax lot 5 has been a lot created by deed since 1949, prior to zoning. This parcel was purchased by Nicholas J. Gianopulos as a separate parcel since 11/6/73. The Gianopulos family continues to own this parcel in Southold IkopedoLLC. The three lots, Lot 5 to be unmerged from Lot 3 & 4, has not been transferred to an unrelated person or entity since the time the merger was effected. Nicholas Gianopulos was the original purshasers of the parcels. In 1995 Nicholas transferred to his wife Lot 3 & 4. In 2007 the family created two LLC's (Southold Lot Holdings LLC and Southold lkopedo LLC ) and Mary transferred her interest into the family controlled LLC and appointed her son James N. Gianopulos the managing member. Therefore the lots have not been transferred to unrelated persons. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: In reviewing the lots east of Lighthouse Road and south of Sound View Avenue 8 lots are improved. The size of the improved parcels are less than one acre (on average less than 31,000 sq.ft.). The majori~ of improved lots are shown on minor subdivision of Theodore Dowd approved by the Southold Planning Board on September 26, 1970 and the Zoning Board granted variances for the lots on May 25, 1972 in decision//1700 (attached). The ZBA stated that the undersized lots did not change the character of the neighborhood. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: The lots were purchased at different times and from different owners. The three lots have received separate tax bills and the family believed that the parcels were separate. Due to articles in the news paper about the waiver of merger law, I was asked to review the zoning status of the parcels and I advised the Gianopulos family that the parcels had merged. After initial anger and disbelief, the family has ~ECEIVEG agreed to limit the request to un-merging of two of the three parcels. ~OARD OF APPEALS I (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The parcels have no environmental constraints. There are no wetlands and the lots appear on the Health Department records therefore sanitary approval is grandfathered. There is public water on Sound View Avenue. Please check one or more of the following that apply to the lot to be unmerged: _ [] This lot was formerly approved by the Southold Town Planning Board(attach copy). [] This lot was approved or shown on a map approved by the Southold Town Board during (attach copy). This lot was approved by the Board of Appeals on_(please attach). ~, A search of Town records found no approvals or other action by the Town of Southold, except for Application__ in the Year (please attach copy). The lots were created by deed prior to zoning [] A search of Town records found a Certificate of Occupancy was issued dwelling or other purpose on _(please attach copy). (Attachadditionalsheetsifneeded). Swol~ before me ~is/~ day of(~(_~ ,200 c) /' -Not~l~lic- [ ! x-~--O-~vner (Parcel 2) ZBA 12/95; 3/06; 11/08 for a QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Southold Ikopedo LLC & Southold Lot Holdings LLC Is the subject premises listed on the real estate market for sale? Yes '~ No B. Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? n/a 3) Is the properly bulkheaded between the wetlands area and the upland building area? No 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 Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies &permit with conditions and approved map. D. Is there a depression or sloping elevation near the area &proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) 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 map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? 3 Vacant Lots If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel __ vacant lots and proposed use un-merge two vacant lots from the 3'a lot (examples: existing: single-family; proposed: same with garage or pool, or other description.) Auth '~ed Signature and Date 1/07 2/05; PATRICIA C. MOORE ARomey at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Ri:.CE~VED aOARD OF APPEALs Margaret Rutkowski Betsy Perkins Secretmy February 11, 2010 Attn: Leslie Weisman Chairman Zoning Board of Appeals Town of Southold PO BO~K 1179 Southold NY 11971 RE: GIANOPULOS/SOUTHOLD LOT HOLDINGS LLC/SOUTHOLD IKOPEDA LLC WAIVER OF M~RGER Dear Chairman Weisman & Board members With reference to the above, enclosed please find a copy of a letter from Mr. Corey Barash who is the business manager handling the business affairs of James Gianopulos, which indicates that James Gianopulos is the sole member of both, Southold Lot Holdings LLC and Southold Ikopeda LLC. Please also be advised that James Gianopulos is the son of Nicholas and Mary Gianpulos. Thank you and please do not hesitate to call should you have any ~.~estions. truly yours, GRANT TANI BARASH & ALTMAN, LLC WARREN GRANT JANE TANI COREY BARASH HOWARD ALTMAN February 4, 2010 (310) 7,88-6536 ~ECE:[VE~ Attn: Leslie Weisman, Chairman Zoning Board of Appeals Town of $outhold Main Road PO Box 1179 Southold NY 11971 80ARD OF APPEAL~ Dear Chairman Weisman and Board members: The undersigned, Corey Barash, is the business manager for Southold Ikopedo, LLC and Southold Lot Holdings, LLC. I am of the opinion, based upon my review of the Operating Agreements and · all other necessary documents, that JAMES GIANOPULOS is the sole managing member and has full authorization to execute documents on behalf of Southold Ikopedo, LLC and Southold Lot Holdings, LLC. I give this opinion knowing that the Town of Southold Zoning Board of Appeals will rely on same. Very truly yours, COREY BARASH Mailing Address: P.O. BOX 5623 · BEVERLY HILLS, CALIFORNIA 90209-5623 9100 WILSHIRE BOULEVARD, SUITE 1000 WEST · BEVERLY HILLS. CALIFORNIA 90212-3413 TELEPHONE (310) 288-6200 · FACSIMILE (310) 288-6300 PROJECT ID NUMBER PART I - PROJECT INFORMATION 1.APPLICANT/SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME ~'~ 3.PROJECT LOCATION: "~ County 4.~'~/PRECISE LOCATION:c~ ~..~ \ Street,~.~Addess and~.~ I'~ ["~x'~j \ '~'c.-,'~)R°ad Intersections, Prominent ~landmarks ~i ~rovide mac SEQR i~,ECEtVED 5.1S PROPOSED ACTION [] New [~]Expansion ~FModification/alteration ~)l,.~/(J.~ C~'m l-"/(.1..~._~,,..~ 61 DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) []Residential E~lndustrial E~Commercial [-~Agr[culture E~ Park / Forest / Open Space [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or Local) ~]-No if yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes ~'r'No' If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MOD'FICATION? [~Yes ~'"No IL;ER¥1FY~-~T~ INFORMATION PRo~CERTIFY TH INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spons~~/.~, ~ Date: Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment R~JCEIVE'D PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLO IN 6 NYCRR, PART 617.47 Ii' yes, coordinate the review process and use the FULL EAF. F~Yes E~NO B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 ~f decJarafion may be superseded by another involved agency. F-1 Yes c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potengal for erosion, drainage or flooding problems? Explain briefly; C2. Aesthetic, agdculteral, archaeological, historic, or other naturai or CulttJral re'~'~C~i or ~0'mr~unit~ or neighborhood character? Explain briefly: C3. Vegetation or tsuna, fish. shellfish or wildlife species, significant habitats, or threatened or endangamd species? Explain briefly: C4. ^ community's oxisfing plon$ or goals ~$ officially adopled, or a chan~o in uso ar intensit~ of use oi~ land or other natural resources? Explain bdofly: C5. Growth, - subsequent development, or related activities likely to be induced by he proposed ac on~ Explain briefly' C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain bdefly: C7. Other, Impacts (including ~h~r~; 'i~'L~; ;~'; ~i~e;~';ii~ ;¢ ~;ii;~ ;r~;,~,? Explain I- D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA {CEAI? llf )'es. explain bdefl~: E]Yes E]No ..... E. iS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If }/es ex[lain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othen~,ise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference suppoding materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any suppoding documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name et Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Moore Southold lkopedo LLC and $outhold Lot Holdings LLC~ Patricia C. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Waiver of merger 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shams 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 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD , WHEN TO USE THIS FORM: The form must be completed by the applicant for any special usepermit, site plan approval, Use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL All applications requiring an agricultural data Statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 259-n of the GeneralMunicipal Law. 1) Name 0fApplicant:%~Tpa_%c~ ',.xS-'F x-~-i3l 2) Address ofApplicant: Ij[hC-~[au~.peLth~4~' 1'TcO. I 3) Name of Land Owrier (if other than applicant) i ' 4) Address of Land Owner: 5) Description of Proposed Project: \AJ ~[ 0~- 7) Is the parcel within an agr/cultural district'/~No I-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~[o I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Tom Assessors Office, Tom Hall location (765-1937) or from any public computer at the Town Hall locations by Viewing the parcel numbers on the Tom of Southold Real Property Tax System. Name and Address 1, 2. .~ ~;--o - ~--- / 3. 5. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- ~'$f~ature of Applicant -I~at-e Note: 1. The local board will solicit comments fi.om thc owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into coraidemtion as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. 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. 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). 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# AGENT: 1000-50-4-3&4 unmerge from 1000-50-4-5 Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals F1 waiver of merger 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: [] Type: __ Town ofSouthold LWRP Consistency Assessment Form 1 Nature and extent of action: Waiver of merger Location of action: Sound View Avenue, Southold Site acreage: Lots 3 & 4 (30,000+sq.ft.)and Lot 5 (19,000+sq.ft) Present land use: vacant residential 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:_(1000~50-4-5) Southold Ikopedo LLC and (1000-50-4-3&4) Southold Lot Holding LLC (b) Mailing address: 9401 Bolton Road, Los Angeles, Calif 90034 (c) Telephone number: c/o Pat Moore 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 o fa coastal location, and minimizes adverse effects of development. See L WRP Section III- Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate)l from third lot. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): no historical archeological resources Three vacant lots- two lots will be combined and unmerged ~ECEIVED ~OARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes [] No [] Not Applicable [] Discussion (if appropriate): no change- property lines are not discernable NATURAL COAST POLICIES ;JOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section 111 - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): no flooding experienced Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section II1 - Policies Pages 16 through 21 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): public water is on Sound View Ave. 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 II1 - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate) Not adjacent to waterfront Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section Ili - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no air quality issues 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 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): existing lots with separate tax lot numbers and believed by the Town (for zoning density calculations) and owners to be separate parcels, to be "unmerged" Town of Southold LWRP Consistency Assessment Form 3 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 Ili- Policies; Pages through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not waterfront parcels WORKING COAST POLICIES Policy I0. 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 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not waterfront parcel 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 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): dry parcel Policy 12. Protect agricultural lands in the Town of Southold See L WRP Section Ili - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not in agricultural use Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section I11 - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): lots oredatezonine *copy of Town form created on 2/11/06 Town of Soulhold LWR. P Consistency Assessment Form 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net RECEIVED BOARD OF APPEALS PERMIT NO. Examined ,20 Approved ,20__ Expiration~ ,20.__ O BUILDING PEK.MIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of BUildingPlahs Planning Board approval Survey. Check Septi~ Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: ~ ~ ~ ~t) ~ ~'~ Building Inspector L)} ~---"-'~ ' ;~,l~.l~ :CATION FOR BUILDING PERMIT ~his appli~Mlgl~!~ ~'m~ ..... y filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of pla ~,~ .~urtttt: plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enac;ed in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter,,a new permit shall be required. APPLICATION IS HEp, EBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 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 hereindescribed. The applicant agrees to comply with all applicable laws, ordinances, building code, housin_.~g.aade,.~d regulations, and to admit auth°rized inspect°rs on premises and in buildihg f°r necessary inspecti°,ns' ~~ ~ture of apeolic, gat or 0amc, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor electrician, plumber or builder Name ofownerofpremises ~/~/ ,..J~O/O~?~fo Cd~_... ~4~ &~fO/ t~o/~c (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trad6's Lioense No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block ~¢/ Lot 3. g- ~ Filed Map No. ~sa~ ~vsv~, Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: D . a. Existing use and occupancy b. Intended useandoccupancy P'f~lAX'c~ 7 ~ 3. Nature of work (check which applicable): New Building Addition Kepair Removal Demolition Other Work 4. Estimated Cost eOARD OF ~r¥.r. AL~ Alteration (Description) Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor__ If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and exte~/[~a~gyp~ °t~rt~3~ 7. Dimerlsions of existing structures, if any: Front Rear Height ° Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front Rear Depth N umb~ Rear ~ Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES__ NO__ Will excess fill be removed from premises? YES NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone~No Address Phone:No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TKUSTEES & D.E.C. PEKMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO __ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) .SS: COUNTY OF ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Signature of Applicant ~ECEZVED James N. Gianopulos 8OARD OFAPPEALS Augustl4,2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, James N. Gianopulos, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Board, Southold Town Zoning Board of Appeals, Southold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding properties located at Soundview Avenue, Extension, Southold, New York 11971, sctm: 1000-50-4-3; sctm: 1000-50-4-4; sctm: 1000-50-4-5. I also authorize my sister, Despina Gianopulos Landers, to act on my behalf during this process. Very truly yours, OWNER iMP. TOWN OF $OUTHOLD I:~OPZ:RTY RECOI~D CARD LOT 'DOTAL C~. C~, MIsc, h{kt. DATE ~d BUILDING CONDITION B~-OW- ABOVt~ Vat~e Per V~u~ ~e FRD~rAG~ ON b-~OM~-AGE ON ROAD BULKHEAD OWNI~ VL TOWN OF SOUTHOLD P~EOPERTY RECORD CARD TOTAL /_ LOT BUILDING CONDITION BELGW ABO'V'E Vc~fu~ Pea, ¥,,3lue FRONTAGE ON W'ATEF. FROMTAGE ON ROAD DEFTH 8U LKHEAD PoCK OWNER STREET Jl')--"O VILLAGE DIST. SUB. LOT RES. S~S. VL. j// FARM CO~.' CB. MICS. , Mkt. Voluo ~ND AGE BUILDING CONDITION FARM Acre Value Per Velue Acre Tilloble FEONTAGE ON WATER Wo~land FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKH~D To~al DOCK ACTION OF ~ ZONING BOA3~D OF APPEALS OF THE TOW OF $OUTHOLD Appellant .................. 7 9f the Zo~ Ordin~.ce and the decision of the Building Ir~pector ( ) be reversed ( ) be ,~lf CEIVEI~ $OA~D OF APPEAL~ (b) The hardship created (is) (is not) u~ique and (wOuld) (would not) be shared by all prope~ (would not) FORM Z~4 af!CEIVED ~ORRC) 0~- RPPEAL~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the To%m of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on December 7, 1~72, on the following appeals: RECE.~VED ~OA~ OF APPEAlS 7:45 P.M., E.S.T., upon application of Goldsmith Building Const., a/c Conrad Ahrens, Nassau Point Road, Cutchogue, N~Y., for m variance in accordance with the Zoning Ordinance, Article III, Section 300, C-2 %nd Section 302, for permission to construct garage partly in front yard area. Location of property~ south side Nassau Point Road, Cutchogue, New York, Lot #83A, NaSsau Point Properties. 8:00 P.M., E.S.T., upon application of Leo W. Tillinghast, 232 Third Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission =o construct dwelling with insufficient side yards. Location of proper~y: Washington Avenue and Wilmott Avenue, Greenport, N.Y., Lots 41 and 50, Map of Washington Heights Subdigision. 8:15 P.M., E.S.T., upon application of Leon C. and Katherine A. Marcus, 145 Sylvan Lane, East Marion, New York, for a variance in accordance with the ToW~ILa~$'Seetio~ 280A:!e for approval of access. Location of property: north side Main Road, Orient, N.Y., bounded north by F.A. Dorman Estate; east by Lydia Erow~; south by Main Road; west by George L. Edwards, Est. Legal Notice Page 2 8:30 P.M., E.S.T., upon application of Carol Dowd and Theodoce Dowd c/o Thomas Daly, S~uthold, New York, for a variance in accordance wi~h the Zoning Ordinance, Article III, Section 301, for approval of 10ts in minor subdivision with less than required area. Location of property: SOU~ View Avenue Extension and Lighthouse Road, Southold, New York, Minor Subdivisior No. 39. Any person desiring to be heard on the above applications should appear at .the time ~nd place above specified. Dated: November 24, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISS ONCE, NOVEMBER 30, 1972, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTEOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on November 24, 1972: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Goldsmith Building ~ Const. a/c Conrad Ahrens Leo W. Tillinghas~ Leon C, end Katherine A. Marcus Thomas Daly a/o Theodore and Carol Dowd ?9 Title No. PAC-3973A VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 91112009 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 1/1/57. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 10/1/09 SWORN TO BEFORE ME THIS 1st DAY OF OCTOBER, 2009 NOTARY PUBLIC MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County U ~mmission Expires December 16, 20 PECONIC ABSTRACT, iNC. BY:, ~ JEANNE~J~ST/ETT OFFICE MANAGER ~OARD OF APPEALS Title No.: PAC.3973A Subject Premises: 1000-050.00-04.00-005.000 Charles E. Grattan To Roger F. Grattan Dated: 4~20~49 Recorded: 12/8154 Liber 3804 page 542 Roger F. Grattan To Emil Ball and Dorothy Ball, his wife Dated: 10/7155 Recorded: 10/14/55 Liber 3994 page 96 Emil Ball and Dorothy Ball, his wife To Catherine Ann Simicich Dated: 10/12171 Recorded: 12/22171 Liber 7072 page 124 Catherine Ann Simicich To Nicholas J. Gianopulos Dated: 11/6173 Recorded: 11/19173 Liber 7533 page 467 Nicholas J. Gianopulos died 12130/96 a resident of Kings County. James Gianopulos, as Executor of Nicholas J. Gianopulos To Arthur T. Cambouris, as Trustee of the Dated: 12111198 Recorded: 1/5199 Liber 11937 page 685 Marital Trust u/w/o Nicholas J. Gianopulos Arthur T. Cambouris, as Trustee of the Dated: 6/27101 Marital Trust ulwlo Nicholas J. Recorded: 719/01 Gianopulos Liber 12128 page 396 To Southold Ikopedo LLC LAST DEED OF RECORD Sworn to before me this 1st day of October, 200~9~ Notary Public MICHELLE VAiL Notary Public, State of New York No. 01VA4989798-Suffolk County ~mmission Expires December 16, 20 PECONIC ABSTRACT, INC. by: ns~iic Jeanne A e ~ECE.~VED ~OARo ?F APPEAi.5~ Manager Title No.: PAC-3973A East of Subject Premises: 1000-050.00-04.00-006.000 Mary Bischoff To Louis Lind and Frieda B. Lind, his wife Dated: 9~5~53 Recorded: 9~8~53 Liber 3574 page 362 No proof of death for Frieda B. Lind in Suffolk County. Louis Lind died 11/4/95 a resident of Suffolk County. George H. Lind, as Executor of Louis Lind To George H. Lind Dated: 11/6/96 Recorded: 11/25196 Liber 11803 page 158 LAST DEED OF RECORD Sworn to before me this 1st day of October, 2~0.~ Notary Public MICHELLE VAIL Notary Public, State of New YorN No. 01VA4989798-Suffolk County {J ~mmJssion Expires December 16, 20 by: ~ / Jeanne Ans~ffice Manager Title No.: PAC.3973A South of Subject Premises: 1000-050.00-04.00-011.000 William J. Grattan and Elizabeth A. Grattan, his wife To Roger F. Grattan Dated: 11/10/55 Recorded: 1126156 Liber 4060 page 345 (premises and more) Roger F. Grattan To Claudette Desplanches Dated: 519170 Recorded: 5121170 Liber 6745 page 420 LAST DEED OF RECORD Sworn to before me this 1st day of October, 2009 ' Notary Public PECONIC ABSTRACT, INC. Jeanne A~ffice Manager MICHE-LLE VAIL Notary Public, State of New York No. 01VA498979@-Suffo k C ~rnmission Expires December 16, 20 Title No.: PAC.3973A West of Subject Premises: 1000-050.00-04.00-004.000 William J. Grattan and Elizabeth A. Grattan, his wife To Roger F. Grattan Dated: 11110155 Recorded: 1/26/56 Liber 4060 page 345 (premises and more) Roger F. Grattan To Robert H. Renison Dated: 2~20~59 Recorded: 7/30/59 Liber 4667 page 219 (subject premises) Robert H. Renison To John Simicich, Jr. Dated: 12121171 Recorded: 12/29/71 Liber 7076 page 491 John Simicich, Jr. To Nicholas Gianopulos Dated: 8~27~73 Recorded: 8~29~73 Liber 7477 page 384 Nicholas Gianopulos To Mary Gianopulos Dated: 9/14/95 Recorded: 9~26~95 Liber 11743 page 226 Mary Gianopulos To Southold Lot Holdings LLC Dated: 12116107 Recorded: 2/8108 Liber 12540 page 168 LAST DEED OF RECORD Sworn to before me this · 1st day of Oct,ober, 2~0,09 o Notary Public PECONIC ABSTRACT, INC. by: ~ ~ Jeanne An~U~ffice MtCHELLE VAIl. Notary Pubiic, State of New York No. 01VA4989798_Suffolk County C ~mmJssion Expires December 16, 20 Manager ~OA~D OF APPEALS Title No.: PAC-3973A North of Subject Premises: SOUTH VIEW EXTENSION Sworn to before me this , 1st day of October, 2,00_9. Notary Public PECONIC ABSTRACT, INC. Jeanne A~ice Manager MICHELLE VAiL Notary Public, State of New York No. 01VA4989798-Suffo~k C ,-'-~o uecember 16, 20 ao,~ar~ O~ Title No. PAC-3973C VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 9/112009 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 111157. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 10/1/09 SWORN TO BEFORE ME THIS 1st DAY OF OCTOBER, 2009 NOTARY PUBLIC MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suflolk County G.3mmission Expires December 16, 20 PECONIC ABSTRACT, INC. JEANNE/).qS'I~ETT OFFICE MAblRGER ~ECE/'VEi~ ~OARD OF APP~:A~ , Title No.: PAC.3973C Subiect Premises: 1000-050.00-04.00.004.000 William J. Grattan and Elizabeth A. Grattan, his wife To Roger F. Grattan Dated: 11/10155 Recorded: 1126156 Liber 4060 page 345 (premises and more) Roger F. Grattan To Robert H. Renison Dated: 2/20/59 Recorded: 7~30~59 Liber 4667 page 219 (subject premises) Robert H. Renison To John Simicich, Jr. Dated: 12J21/71 Recorded: 12/29171 Liber 7076 page 491 John Simicich, Jr. To Nicholas Gianopulos Dated: 8127/73 Recorded: 8~29~73 Liber 7477 page 384 Nicholas Gianopulos To Mary Gianopulos Dated: 9114/95 Recorded: 9~26~95 Liber 11743 page 226 Mary Gianopulos To Southold Lot Holdings LLC Dated: 12/16/07 Recorded: 2/8/08 Liber 12540 page 168 LAST DEED OF RECORD Sworn to before me this 1,t day of October, 2909 ^ Notary Public MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County,n~ C.~mmission Expires December 16, 20 PECONIC ABSTRACT, INC. by: ~ " Jeanne Anst~/~ Manager RECE][VED BOARD OF APP£AL~, Title No.: PAC-3973C East of Subject Premises: 1000-050.00-04.00-005.000 Charles E. Grattan To Roger F. Grattan Dated: 4~20~49 Recorded: 12/8/54 Liber 3804 page 542 Roger F. Grattan To Emil Ball and Dorothy Ball, his wife Dated: 1017/55 Recorded: 10/14/55 Liber 3994 page 96 Emil Ball and Dorothy Ball, his wife To Catherine Ann Simicich Dated: 10/12/71 Recorded: 12/22/71 Liber 7072 page 124 Catherine Ann Simicich To Nicholas J. Gianopulos Dated: 1116173 Recorded: 11/19/73 Liber 7533 page 467 Nicholas J. Gianopulos died 12/30196 a resident of Kings County. James Gianopulos, as Executor of Nicholas J. Gianopulos To Arthur T. Cambouris, as Trustee of the Marital Trust ulw/o Nicholas J. Gianopulos Dated: 12/11/98 Recorded: 115/99 Liber 11937 page 685 Arthur T. Cambouris, as Trustee of the Dated: 6/27101 Marital Trust u/w/o Nicholas J. Recorded: 719/01 Gianopulos Liber 12128 page 396 To Southold Ikopedo LLC RECEZvE~ LAST DEED OF RECORD Sworn to before me this 1st day of October, ;~00.9 Notary Public PECONIC ASBSTRACT, INC. ~OARD OF APPEAI.!~ Jeanne An anager MICHELLE VAiL Notary Public, State of New York No. 0tVA4909798-Suffolk County L; ~mmission EXpires December 16, 20 _~' Title No.: PAC-3973C South of Subiect Premises: 1000-050.00-04.00-012.000 William J. Grattan and Elizabeth A. Grattan, his wife To Roger F. Grattan Dated: 11/10155 Recorded: 1126156 Liber 4060 page 345 (premises and more) Roger F. Grattan To Eugene Maiorana and Kathleen Maiorana, his wife Dated: 9113/68 Recorded: 9~25~68 Liber 6425 page 251 (subject premises) Eugene Maiorana and Kathleen Maiorana, his wife To Michael Persico and Joanne Persico, his wife Dated: 8~5~97 Recorded: 8120197 Liber 11847 page 565 LAST DEED OF RECORD Sworn to before me this 1,t day of October, 2,009 Notary Public PECONIC ABSTRACT, INC. by: A(~ Jeanne anager MICHELLE VAIL Notary Public, State of New York No, 01VA4989798-Suffolk County LL~mmJssion Expires December 16, 20 ..(~'"~1 ~ECE~'VEID 8OAI~D OF APPEALS Title No.: PAC.3973C West of Subject Premises: 1000.050.00-04.00-013.000 Mina H. Edwards To Simon F. Peavey, Jr. Dated: 4/18/23 Recorded: 1/3/31 Liber 1548 page 404 (part of premises and more) Uarjorie M. Heublein To Simon F. Peavey, Jr. Dated: 7121125 Recorded: 8119/31 Liber 1597 page 523 (part of premises and more) Alfred C. Peavey, William B. Peavey, Simon Fillmore Peavey, III, being all the heirs at law and next to kin of Simon Fillmore Peavey, Jr. To Theodore Dowd and Carol Dowd, his wife Dated: 12/18/64 Recorded: 3118165 Liber 5716 page 249 (premises and more) Theodore Dowd and Carol Dowd, his wife to Fred Surace and Josephine Surace, his wife Dated: 11/12/71 Recorded: 12/2171 Liber 7059 page 48 Fred Surace and Josephine Surace, his wife to Gary L. Portadin Dated: 8110183 Recorded: 8117183 Liber 9407 page 329 Continued ..... Sworn to before me this 1st day of October, 2q09. Notary Public PECONIC ABSTRACT, lNG. Jeanne A~yOfficeManager MICHELLE VAIL Notary Publfc, State of New York No. 0~VA4989798-Suffo[k County U,',mmission Expires December 16, 20 RECEZVED SOARD OF AppEALS Title No.: PAC-3973C West of Subject Premises: 1000.050.00.04.00-013.000 Continued ...... Gary L. Portadin To Christine M. Zeisler and Gloria V. Zeisler Dated: 8~3~92 Recorded: 815/92 Liber 11514 page 222 Gloria V. Zeisler To Gloria V. Zeisler, as Trustee of The Asset Management Trust - Revocable Trust dated 6~20~03 Dated: 6~20~03 Recorded: 7~24~03 Liber 12262 page 945 Gloria V. Zeisler died a resident of Queens County. Christine M. Zeisler, as Executor of the Estate of Gloria C. Zeisler, as Trustee of The Zeisler Asset Management Trust To Christine M. Zeisler Dated: 6~23~09 Recorded: 7/22/09 Liber 12594 page 164 LAST DEED Sworn to before me this 1st day of October, 2~)09 ~ ~c.~_L.Lx-~ 0°~''-~ Notary Public MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County L;ammission Expires December 16, 20~ OF RECORD PECONIC ABSTRACT, INC. by: ~ · Jeanne An~ffice Manager ~OA~D OF Title No.: PAC-3973C West of Subject Premises: 1000.050.00.04.00.003.000 Mina H. Edwards To Simon F. Peavey, Jr. Dated: 4/18/23 Recorded: 113/31 Liber 1548 page 404 (premises and more) Alfred C. Peavey, William B. Peavey, Simon Fillmore Peavey, III, being all the heirs at law and next of kin of Simon Fillmore Peavey, Jr. To Alfred C. Peavey Dated: 12/7166 Recorded: 1111167 Liber 6098 page 366 (subject premises) Alfred C. Peavey To Nicholas James Gianopulos Dated: 6/16/67 Recorded: 7~3~67 Liber 6177 page 557 Nicholas James Gianopulos To Mary Gianopulos Dated: 9114/95 Recorded: 9~26~95 Liber 11743 page 223 Mary Gianopulos To Southold Lot Holdings LLC Dated: 12/16107 Recorded: 2/8/08 Liber 12540 page 163 LAST DEED OF RECORD Sworn to before me this, 1,t day of October, 21~0.9.. Notary Public PECONIC ABSTRACT, INC. by: Jeanne Anste~fice Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798.Suff , U,~mm/ssion Ex~,ir~ ~. olk County .,.-~2. ~, =s uecember 16, 20~I Title No.: PAC-3973C North of Subject Premises: SOUTH VIEW EXTENSION Sworn to before me this 1st day of October, 2009' Notary Public PECONIC ABSTRACT, INC. by: Jeanne Anstett~anager MICH~LL£ VAIL Notary Public, State of New York No. 01 VA4989798. C'~mrnission Exn; Suffolk Count,, ~,res Decen]ber 76, Title No. PAC-3973B VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 9/1/2009 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 111157. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 10/1/09 SWORN TO BEFORE ME THIS 1st DAY OF OCTOBER, 2009 NOTARY PUBLIC MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suflolk County C ~mmisston Expires December 16, 20 PECONIC ABSTRACT, INC. JEANN~ANSTETT OFFICE MANAGER RECEIVED Title No.: PAC.3973B Subject Premises: 1000-050.00-04.00-003.000 Mina H. Edwards To Simon F. Peavey, Jr. Dated: 4/18~23 Recorded: 1/3/31 Liber 1548 page 404 (part of premises and more) Alfred C. Peavey, William B. Peavey, Simon Fillmore Peavey, III, being all the heirs at law and next of kin of Simon Fillmore Peavey, Jr. To Alfred C. Peavey Dated: 12/7166 Recorded: 1/11167 Liber 6098 page 366 (subject premises) Alfred C. Peavey To Nicholas James Gianopulos Dated: 6/16/67 Recorded: 7~3~67 Liber 6177 page 557 Nicholas James Gianopulos To Mary Gianopulos Dated: 9114195 Recorded: 9~26~95 Liber 11743 page 223 Mary Gianopulos To Southold Lot Holdings LLC Dated: 12/16107 Recorded: 2/8108 Liber 12540 page 163 LAST DEED OF RECORD Sworn to before me this 1st day of October, 2009 ,~ Notary Public MICHELLE VAiL Notary Pubtic, State of New York No. 01VA498979rj Suffolk Cour'ty L; ~mmission Expires December 16, 20 PECONIC ABSTRACT, INC. Jeanne A Manager ~OARD OF APPE.aL5 Title No.: PAC.3973B East of Subiect Premises: 1000-050.00-04.00-004.000 William J. Grattan and Elizabeth A. Grattan, his wife To Roger F. Grattan Dated: 11/10/55 Recorded: 1/26/56 Liber 4060 page 345 (premises and more) Roger F. Grattan To Robert H. Renison Dated: 2/20/59 Recorded: 7130159 Liber 4667 page 219 (subject premises) Robert H. Renison To John Simicich, Jr. Dated: 12/21/71 Recorded: 12/29/71 Liber 7076 page 491 John Simicich, Jr. To Nicholas Gianopulos Dated: 8/27/73 Recorded: 8~29~73 Liber 7477 page 384 Nicholas Gianopulos To Mary Gianopulos Dated: 9114/95 Recorded: 9~26~95 Liber 11743 page 226 Mary Gianopulos To Southold Lot Holdings LLC Dated: 12/16/07 Recorded: 2~8~08 Liber 12540 page 168 LAST DEED OF RECORD Sworn to before me this 1" day of October, Nota~ 'Publ~c- MICHELLE VAiL Notary Pui~lic, State of New York No. 01VA4989798-Suffolk Cou~t(~' ,h~rnissio~ Expires December t6, PECONIC ABSTRACT, INC. by: .~ ' - Jeanne ~Office Manager ~ECExv~.~ ~OARD OF AppEAL.~ Title No.: PAC-3973B South/West of Subiect Premises: 1000-050.00-04.00-013.000 Mina H. Edwards To Simon F. Peavey, Jr. Dated: 4/18/23 Recorded: 1/3131 Liber 1548 page 404 (part of premises and more) Marjorie M. Heublein To Simon F. Peavey, Jr. Dated: 7/21/25 Recorded: 8/19/31 Liber 1597 page 523 (part of premises and more) Alfred C. Peavey, William B. Peavey, Simon Fillmore Peavey, III, being all the heirs at law and next to kin of Simon Fillmore Peavey, Jr. To Theodore Dowd and Carol Dowd, his wife Dated: 12/18/64 Recorded: 3/18/65 Liber 5716 page 249 (premises and more) Theodore Dowd and Carol Dowd, his wife to F~ed Surace and Josephine Surace, his wife Dated: 11112/71 Recorded: 12/2/71 Liber 7059 page 48 Fred Surace and Josephine Surace, his wife to Gary L. Portadin Dated: 8/10183 Recorded: 8/17183 Liber 9407 page 329 Continued ..... Sworn to before me this 1,t day of October, 2009 Notary Public MIcHELLE VAIL Notary Public, State o4 New York 4q89798_Su~lO k CodrCY ~/-~ No. 01VA ~. _ ,*be 16 20~' PECONIC~NC. ~ 9/ by: ~ / ~C~v~ Jeanne An te~Office Manager ~OARD OF ApPeAL~ Title No.: PAC-3973B South/West of Subject Premises: 1000-050.00-04.00-013.000 Continued ...... Gary L. Portadin To Christine M. Zeisler and Gloria V. Zeisler Dated: 8~3~92 Recorded: 8~5~92 Liber 11514 page 222 Gloria V. Zeisler To Gloria V. Zeisler, as Trustee of The Asset Management Trust - Revocable Trust dated 6~20~03 Dated: 6~20~03 Recorded: 7~24~03 Liber 12262 page 945 Gloria V. Zeisler died a resident of Queens County. Christine M. Zeisler, as Executor of the Estate of Gloria C. Zeisler, as Trustee of The Zeisler Asset Management Trust To Christine M. Zeisler Dated: 6~23~09 Recorded: 7122/09 Liber 12594 page 164 LAST DEED OF RECORD Sworn to before me this 1st day of October, 2009/ Notary Public PECONIC ABSTRACT, INC. Jeanne An te~ Office Manager MICHELLE VAiL Notary Pu ~ ic. State of New York No. 01VA49g9798-Sufiolk County -,mn*,!ssion Expires Dec~mber 16, 20 ~RECE'ZVED Title No.: PAC.3973B North of Subject Premises: SOUTH VIEW EXTENSION Sworn to before me this 1st day of October, 200~9 Notary Public PECONIC ABSTRACT, INC. by: ~ Jeanne A anager MICHELLE VAIL Notary Public, State o4 New York No. 01VA4989798-Su~olk C°unty(~¢l U ~mmission Expires December 16, 20 -- ELIZABETH A. NEVILLE, lO. MC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 29, 2010 Zoning Appeal No. 6371 Transmitted herewith is Zoning Appeals No. 6371 of Southold Ikopedo LLC & Southold Lot Holdings - the Application Waiver to Unmerge Property. Also enclosed is the Applicant's Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Copy of Tax Map, Notice of Disapproval from Building Dated January 26, 2010, Notice of Disapproval from Building Dated October 7, 2009, Copy of Application for Building Permit Dated September 15, 2009, Authorization letter from James Gianopulos to Patricia Moore to Represent them in this Matter, Property Record Card for the Three Different Properties, 4 Page Copy of Board of Appeals Decision Dated May 25, 1972, Copy of Survey Lot #5 Showing Building Envelope Dated January 4, 2010 Prepared by Nathan Taft Corwin Land Surveyor, Copy of Survey Lots #3 & 4 Showing Building Envelope Dated January 4, 2010 Prepared by Nathan Taft Corwin Land Surveyor, Copy of Map of Proposed Division, Title Report for Lot #3 Dated October 1, 2009 Prepared by Jeanne Anstctt, Title Report for Lot g4 Dated October 1, 2009 Prepared by Jeanne Anstett. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/28/10 * * * RECEIPT * * * ReceiptS: 70939 Transaction(s): 1 1 Application Fees Reference Subtotal 6371 $150.00 Cash Total Paid: $150.00 Name: Gianopulos, James & Ann 9100 Wilshire Blvd., Suite 1000w Beverly Hills, CA 90212 Clerk ID: CAROLH Internal ID: 6371 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 l Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 22, 2010 PUBLIC HEARING 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, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, APRIL 22, 2010: 10:15 A.M. SOUTHOLD HOLDING, LLC #6371. This is a request for a Waiver under Code Article II, Sections 280-10A, to unmerge land identified as SCTM #1000-50-4-5, based on the Building Inspector's January 26, 2010 Notice of Disapproval citing Zoning Code Section 280- 10A, which states that the nonconforming lots merged until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District). This land merged with the adjacent property to the west identified as SCTM #1000-50.4-4&3, at: 1120 Soundview Ext., Southold, NY. CTM#$0-4-$,4,3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth~,Town.Southold. ny. us. Dated: March 23, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RE(OED APR ~ O 201~ BOARD OF APPEALs Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 15th dayof April, 2010. Principal Clerk Sworn to before me this 1~ dayof ~//~/ 2010. NOTARY PUBliC-STAlE OF NEW YORK NO, O1 -V06105050 Qualified in Suffolk County ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 22, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 22, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April lst: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l 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. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Properly Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 2nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 14th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before April 20, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM SOUTHOLD HOLDING LLC #6371 MAP # 50-4-5; 50-4-4 and 50-4-3 VARIANCE WAIVER OF MERGER REQUEST Unmerge undersize lots DATE: THURS,APRIL 22, 2010 10:15 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SOUTHOLD HOLDING LLC (Name of Applicant) SCTM Parcel #1000-50-4-4 & 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the__l~_~l~..~day of MARCH, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. Sworn to before me this .~i~T day of MARCH, 2010. ~ (l'~otary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County..., .~ Commission Expires June 3, o~' PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT 71926463311000(306524 FROM: pATRiCk', C. MOORE ESQ FROM:' PATRICIAC MOORE ESQ RE: SOU3'HOLD LOT ZBA HEAR RECEIPT FROM: RECEIPT 71926463311000006555 FROM: EATRIClA C. MOORE ESQ. RE: SOUTHOLD LOT ZBA HEAR SEND TO: FEES: TOTAL , SEND TO: SOUTHOLO BEACH HOLDINGS 9401 BOLTON ROAD LOS ANGELES CA 90034 TOT,~L $ 5.54 POSTMARK OR DATE SEND TO: SEND TO: FRANCES D LEGHART GAlL LEGHART 1055 ROXEOR¥ DR '~E STBU RY NY 11590 FEES: postage ~'~44 FEES: TOTAL ~ ~'§4~'\ p..t,-~d 'TOTAL '~; $ pOSTMARK.¢~ i',pO~TMARK OR DATE RECEIPT 71926463311000006562 FROM: PATRICIA C MOORE ESQ RE: SOUTHOLD LOT ZBA HEAR RECEIPT 7192 6463 311 o 0(300 6579 FROM: PATRICJA C MOORE ESQ RE: SOUTHOLD LOT ZBA HEAR RECEIPT 71926,463311000006586 FROM: PATRICIA C MOORE ESQ RE: 9OUTHOLO LOT ZBA HEAR RECEIPT 71926463311000006593 FROM: PATRICIA C MOORE ESQ. RE: SOUTHOLO LOT ZBA HEAR SEND TO: STEPHEN RARATUNIAN FEES: Pc~tage 044 TOTAL POSTMARK SEND TO: GEORGE H. LIND 1290 SOUNDVIEWAVE EXT soLrrHOLD NY 11971 FEES: Postage 0.44 TOTAL $ 5,~ POSTMARK OR DATE z~ SEND TO: CLAUDETTE DESPIANCHES 3-24 147TH PLACE WHrTESTONE NY 11357 FEES: TOTAL $ 5.54 POS71V~RK OR!DATE SEND TO: MICHAEL PERSICO JOANNE PERSIC0 19 BLUEBELL COURT GARDEN CITY NY 11530 FEES: T~)T~ ~¢f~ ~ i $ 5.54 rMARK / 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature: (DAddressee or E3Agent) X ; B. Received By: (P/eas~ ~rint C/early) 4. Restricted Delivery? 3. Service Type 2. Article Number 7192 6463 3110 0000 6555 7192 6463 3110 0000 6555 C. Date of Deliver/ PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 FRANCES D. LEGHART GAIL LEGHART 1055 ROXBURY DR WESTBURY NY 11590 I (ExlraFee)E]¥eS J CERTIPIED I2. Article Numbe [ ~ 7192 6463 3110 0000 6586 7192 6463 3110 0000 6586 CLAUDETTE DESP~ANCHES 3-24 147TH PLACE WHITESTONE NY 11357 PATRICIA 51020 MAI SOUTHOLD 7192 646~ 3110 0000 6524 7192 6463 3110 0000 6524 1. Article Addressed To: ARKADIA REALTY INC. C/O DARIA CIAPUTA 203 W- 90TH STREET, APT. 8H NEW YORK NY 10024 SOUTHOLD HOLDING LLC MAILING LIST SCTM: 1000-50-4-4 & 3 ARKADIA REALTY 1NC. C/O DARIA CIAPUTA 203 W. 90TH STREET, APT. 8H NEW YORK NY 10024 SCTM: 1000-50-2-8 SOUTHOLD BEACH HOLDINGS LLC 9401 BOLTON ROAD LOS ANGELES CA 90034 SCTM: 1000-50-2-9 CLAUDETTE DESPIANCHES 3-24 147'" PLACE WHITESTONE NY 11357 SCTM: 1000-50-4-11 MICHAEL PERSICO JOANNE PERSICO 19 BLUEBELL COURT GARDEN CITY NY 11530 SCTM: 1000-50-4-12 JOHN SCOURAKIS STELLA SCOURAKIS 955 SOUNDVIEW AVE., EXT. SOUTHOLD NY 11971 SCTM: 1000-50-2-11.1 CHRISTINE M. ZEISLER 39-30 52~4r~ STREET, APT. 5B WOODSIDE NY 11377 SCTM: 1000-50-4-13 FRANCES D. LEGHART GAlL LEGHART 1055 ROXBURY DR WESTBURY NY 11590 SCTM: 1000-50-2-12 STEPHEN HARATUNIAN ARDA HARATUNIAN 21 MIDDLE DRIVE MANHASSET NY 11030-1414 SCTM: 1000-50-2-13 GEORGE H. LIND 1290 SOUNDVIEW AVE. EXT. SOUTHOLD NY 11971 SCTM: 1000-50-4-6 PA?RICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Ea. Received By: tPlease Print Clearly) PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Secondary Address t Suite / Apt I Floor (Please Print Cleerly~ · CERTIFIE~/ Article Number 7192 6463 3110 0000 6531 7192 6463 3110 0000 6531 Article Addressed To: SOUTHOLD BEACH HOLDINGS LLC 9401 BOLTON ROAD LOS ANGELES CA 90034 7192 6463 3110 0000 6579 1. Article Addressed To: GEORGE H. LIND 1290 SOUNDVI£W AVE- EXT- SOUTHOLD NY 11971 .,9 PATRICIA C- NOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 1. Article Addressed To: JOHN SCOURAKIS STELLA SCOURAKIS 955 SOUNDVIEW AVE., EXT- SOUTHOLD NY 11971 _ 4. Restricted Delivery? 13. se,,,~ Type 7192 6463 3110 O00O 6548 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SOUTHOLD HOLDING LLC Regarding Posting of Sign Upon Applicant's Land Identified as 1000-50-4-4 & 3 AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the//~ay of APRIL, 2010, I personally placed the Town's official Posters, 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 right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, APRIL 22, 2010. Sworn to before me this '~.) day of APRIL, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 l~ax (631) ?65-9064 January 29, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6371 Owner/Applicant: SOUTHOLD HOLDING LLC Action Requested: Within 500 feet of: Waiver of merger ( ) State or County Road (X) 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 If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA(C~lirperso~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 27, 2010 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA application No. 6371 - Lot Waiver Dear Ms. Moore: Enclosed please find a copy of the Boards variance determination, rendered on May 20, 2010. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. A copy of this determination has been furnished to the Building Department for their permanent records and update on its Notice of Disapproval. Sincerely, Vicki Toth Eric. NOTICE ~ COUNTY OF SUFFOLK (~) [ ,o [m,,,~ SOUTHOLD SECTION NO