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i, .� . ✓ ail Z g, ,&e1-;VActt47- APPEALS BOARD MEMBERS' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�O�OSpFfO(,��0� C H 2 dol � Sao BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 26, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Appl. No. 4865- TANAS TSATSOS 1000-33-2-24 (all inclusive/as single number) Street & Locality: Green Hill Lane and Sound Drive, Greenport Date of Complete Application: September 13, 2000 Date of Public Hearing: October 19, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown on the Map of Eastern Shores, Section V, Greenport, as Lot No. 133 and 134, which map was filed in the Suffolk County Clerk's Office as Map No. 5234. This is a lot waiver request to separate the Lots 133 and 134 shown on the 1968 filed subdivision map. Each lot has 100 ft. frontage along Sound Drive and a depth of 170 feet. The easterly portion of County Tax Map Parcel 24 (Eastern Shores Lot No. 134) has 170 ft. frontage along Green Hill Road. Each lot requested in this waiver consists of 17,000 sq. ft. The existing lot size, or combined area, is 34,000 sq. ft. This property is located in the R-40 Low -Density Residential Zone, with minimum requirements of 40,000 sq. ft. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's July 26, 2000 Notice of Disapproval stating that Eastern Shores Lots 133 and 134 have merged. RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge the westerly half (Eastern Shores Lot 133) from the easterly half of CTM Parcel 24 (Eastern Shores Lot 134. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. The subject property is designated on the Map of Eastern Shores at Greenport, Section V, as Lot Numbers 133 and 134. This map was filed on December 31, 1968 in the Office of the Suffolk County Clerk as Map No. 5234. 2. The subject property (Numbered Lots 133 and 134) was purchased by the applicant on February 28, 1968 under one deed, filed with the Office of the Suffolk County Clerk at Liber 6513 page 374. 3. In 1981, the property was combined by Suffolk County into one parcel known as District 1000, Section 33, Block 2, Lot 24, and has been identified officially as a single lot according to the Suffolk County Tax Maps since that date. 4. The applicant has received one tax bill for Lot No. 24 from the Town of Southold since 1981. 5. Applicant's agent stated that the Tsatsos intended to purchase two separate lots, however, he also conceded that there is no proof or indication from the records to substantiate that claim. Page 2 — October 26, 2000 Appl. No. 4865— T. Tsatsos 1000-33-2-24 at Greenport 6. Both lots are located in the R-40 Low Density Residential Zone District (minimum 40,000 square feet of lot area required). The property as combined is 34,000 square feet. If unmerged, each requested lot would be 17,000 square feet. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. A waiver would recognize a lot that is smaller than 50 percent of the size of lots in the neighborhood. Eleven (11) of the 21 lots in the area are larger than the 17,000 sq. ft. lot sizes that would result if the merged lots were separated. 2. No evidence or information was submitted by applicant to show that the waiver will avoid an economic hardship. 3. No evidence was submitted by applicant to address the issue environmental impacts in a possible determination of potential effects or the standard necessary under Section 100- 26A(4). RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to DENY the requested Lot Waiver, VOTE OF THE BOARD: AYES: Members Goehrin a an), Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent- used hisof ionyva�gduly adopted (4-0). P. GOEHRINGER, CHAI RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE /"/3 o/O"HOUR? "3o #N Town Clerk, Town of Southold NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 19, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall; 53095 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 19, 2000, at the time noted below (or as soon thereafter as possible): 7:00 p.m. Appl. No. 4865 TANAS TSATSOS. This is a request for a Waiver of Merger under Article Ih Section 100-26 concerning lots shown on the Map of Eastern Shores, Section V, filed in the Suffolk County Clerk's Office on December 31, 1968 as File No. 5234. This Waiver of Merger is based on the July 26, 2000 Building Department's Notice of Disapproval determining that, under Article II, Section 100-25, Eastern Shores Subdivision Lot No. 133, shown as the westerly portion of County Tax Lot 1000-33=2-24, and Eastern Shores Subdivision Lot No. 134, as the easterly portion of 1000-33-2- 24, are merged as one lot. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the first lot at any time after July 1, 1983.., until the total lot size conforms to the current bulk schedule requirements." Location of Property: 1565 Green Hill Lane and South ,Side of Sound Drive, Greenport. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. UPDATED NOTICE OF DISAPPROVAL TO James Fitzgerald A/C Tsatsos PO Box 617 Cutchogue NY 11935 -j ?e3 eq JUL 2 6 M tet° DATE; July4 2000 Please take notice that your application dated October 7, 1999 For permit for determination of merger at Location of property 1565 Green Hill Lane Greenport. County Tax Map No. 1000 - Section 33 Subdivision Filed Map # Block 2 Lot 24 Lot # Is returned herewith and disapproved on the following grounds lot SCTM# 1000-33-2-24 is recognized pursuant to Article II Section 100-24A.2 which states The lot(s) in question is/are approved by the Southold Town Planning Board. Subiect lot is shown on Map of Eastern Shores ,lots 133 and 134 approved by Southold Town Planning Board Nov. 6, 1968 pursuant to Article II Section 100-25A which states... "A nonconforming lot shall merge with an adjacent conforming or nonconforming: lot which has been held in common ownership with the first lot to the current bulk schedule requirements. It has been determined that these lots have merged. Authorize Signature Examined ................. 19 ... FORM NO. I I TOWN OF SOUTH OLD BUILDING -DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11071 TEL: 765-1802 . Approved . ............... 19 ... Permit No.....:...'.... Disapproved a/c ............. . . ....................... BOARD OF HEALTH ......,,,,,, 3 S S OF PLANS ...,, CHECK SEPTIC FORM ................ NOTIFY CALL MAIL TOr (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . Pgtobex. 7...... 19 9.9 INSTRUCTIONS a. This application must be completely filled in by typewtiter or in ink and submi sets of Plans, accurate splot pian to scale. Fee according to schedule. tted to the Building Inspector, with 3 b.Plo£pshowing location of lot and of buildings on areas, and giving pretrilses, relationship to adjoining premises of public streets cation. giving a detailed description of layout of property Must be drawn on the diagram which is part of this apph- c. The work coveted by this application may not be commenced Ware Issuance of Building Permit. d. Upon approval of this application, the Building hnspectot will issued a Building permit to the appOcanL Such 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY 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 fat iemoval or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. PROPER -T SERVICE$ {Signature of applicant, or name, H7 a corporation) ' James 8. FittBereld, h. b.O. Bax 617, turthague, NY 11935 Pitons: (516) 734-S4W .. • .... . (Mailing address of applicant) • State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .. ...Applicant is the agent of the ... owner. .. . .. ..... ................................................. Name of owner of premises ... Tanas Tsatsos . ............................... (as on tire tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ...................................... (Name and title of corporate officer) Builder's License No .......................... j Plumber's License No . ...................... Electrician's License No . ...................... Other Trade's License No . ..................... 1. Location of land on which proposed work will be done. —......................................... House Number ..... Street 1.l...ainlet .......................... County Tax Map No. 1000 Section .........33......: Block ...... ?, . , , , , , , , , , Lot ...... A4 .......... Subdivision ... ; Eas tern, Shores, (Name) , Filed Map No. ...5?34 ...... Lot ..1 & 14 Z. Slate existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .. .. Undevelope�, s }ngle to b. Intended ......... ended use and occupancy , Undeveloped, tiwo separate lots . ... t .............................. 3. Nature of workcheck which applies ( pp k New Building . Additions ...... Alteration r Repair ...... Removal ...... ... . Demolition ......... ..... Other ............... (Description) 4. Estimated<Cost....................... ..... Fee .. ;..................•...... ............. on ing this 5. [f dwelling, number of dwellingunits .......... • �f .. • Number of dwelling units orii each inoo ..application) Ifgarage,number ofcars ....................i................,_................................. 6. If business,'commercial or mixed occupancy, sPecify'natute and extent of each type of use ............ . ....... . 7, Dimensions of existing structures, if any: Front ..'.'..... , , .._ Rear .............. Depth ...... , ....... . Height ............... Number of Stories .......... , ........,................................... . iDimensions of same structure with alterations or additions: Front ................. Rear ..... • . , . ,_ • • . . . Depth ...................... Ileight ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ........ Rear ............... Depth ............... Height '.....• ....... Number of Stories ......... . 9. Size of lot: Front 10. Date of Purchase 2�?g169 • _ Rear . • Name of Former Owner ......Land: & beve lopmen E' ................ IL Zone or use district in which premises are situated .. , R-40• . , • • • • • • • • • , • • • • . ...................... • . 12. Does proposed construction violate any zoning law, ordinance or regulation: ..... Yes ........................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . •see. .be) Qw...... • Address ................... Phone No. . Name of Architect ........ e .................. Address ................... Phone No.........:....... Name of Contractor .......................... Address . .. . Phone No. . '15.19 this property located within loo feet of a tidal wetland? *YES....NO.$.. *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dissension from Property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. Owner: Mr. Tanas Tsatsos 1960 Lincoln Park West Chicago, IL 60614• �.r+ .r. .r.:r :r• STATE OF NEW YORK, S.S COUNAXOi ... , �• • • • G GA• ^�.� ...... being duly sworn, deposes and says that he is the applicant (Name of individual sighing contraft) above named. /ryrr��rr-� Ileis the...... 4/Gbl•............. ............................:................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to snake and file this application; that all statements contained in this application are true to file best of hls knowledge and belief; and that the work will be performed to the manner set forth in the application filed therewith. Sworn to before rite this :}�.. .. ..day of . ...... .. 19 Notary Public, .. , ...�........ County BONNIE W. MAZZAFERRO NOTARY PUt<UC, State of Naw York No. 52.4667612 - Suffolk County Commission E<PIMV �sX 1b .� yll:�° tel. .. �•... . (Signature o pplicant) APPL ATION FOR WAIVER UNDER SE,, AON 100-2 6 %�4- .LCI �vol�9 This review is forlotswhich have separate, deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached) The zoning of my parcel is-presently:R-49 ,0 The size requirement for this 'zone is: 4000- square feet per parcel. County. Tax Map Parcel Nos: 1000 33 2 - 24 I (we), as owners of the contiguous lots shown on the attached deeds, request a review determination by the Hoard of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article 11, 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 (ail) lots. 2.' Copies of deeds dated prior to June 30, 1983 for all lo' 3. Copies of current deeds of the parcels under review. 4. copy of the current _County Tax Map for my neighborhood. S. $150.00 application check which is not refundable if this waiver is denied. I -understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. f�JY1 GLd. A (Applicant, and Owner) Tanas Tsatsos Sworn to before me this �J©� 31� day of A 0L Notary Public A Waiver is hereby approved denied based upon the above documentation. owner) Sma T'satsos OFFICIAL SEAL DORA TSATSOS NOTA" meuc STATE OF iLI t" MY cp�ryYpSS10N ExPMES:02,2342 (delete appropriate action) • issued by Ressons for application(to continue on next page). Los 133 �f ��d Zi.0-off � �y�TOWN OF SOUTHOLD PROPERTY RECORD CARS dWNER STREET VILLAGE DIST. SUB. LOTy rn 2a_ K.Q rU...J J` r.a t. a FORMER OWNER N E v ACR. S W TYPE OF BUILDING RES. I SEAS.VL. t FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS L �- boo /o a o ✓ /js � %' ,�' :� r �,� � .' �;` — .��,.���' '�;;''a a , -moi 3� v.�sr zo i i l7 r t C YZc, - -4- i - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE - i FARM Acre Value 'Nr Acre Value tillable FRONTAGE ON WATER �A!oadland FRONTAGE ON ROAD I DEPTHv,�;�adawland � kause Plot BULKHEAD DOCK /AA,f_ TOWN OF jTNOLD PROPERTY RECORD C D -,,OWNER F STREET VILLAGE DIST. t --B. LOT 2'4414 �wl '30 FORMER OWNER N E ACR S W TYPE OF BUILMING iis�� SEAS. VICOMM.-5. FARM COM CB, MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS '4tA I k 377 A ?t� a amsz yr� 0 (!!,-(u -64'A vn)p " AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH I House Plot BULKHEAD Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD L%VJ1=1ER STREET VILLAGE DIST. SUB. LOT a FORMER OWNER N 1•... E .. { .. .� G... ACOS S W TYPE OF BUILDING REf. a2%D SEAS, VL, FARM COMM. CB. MICS. Mkt. Value LAND IMP TOTAL DATE REMARKS foo S a -L ' `b Lo / ` / 78 j31.a,P��. 9996 7 r7 AWa6Ae L' C, 9961,000 Y I AGE BtIILD[NGK7NDITIbN NEW aNQRMAL BELOW.: A80�E FARM Tillable FRONTAGE ON WATER Woodland x FRONTAGE ON ROAD Q Meadowlond DEPTH 7 House Plot BULKHEAD Tota! `� ~ DOCK Lot numbers refer to ' Map of Eastern Shores„ Section Five" Filed in the Suffolk County Clerk's Office on Dec. 31, 1968 as File No. 5234. ' jRVW- Q PROPERTY "T, ,'=—.�LTNPOR T- --�, � T E Tt l ,D _ n DWn,a ldve\Uo9i `pUb��CNfUTv . : NEW YORK $ v=40 X10,. N Sept• 84, 1999 cQ {3© . 2 VA ' J 06 1 ` r- Q 1,01 13h cfi \ t dWe\;oa � M 0 01 1-53 Zao oa o. mnn P �pT AREA = 341,000 sq. ft. QE NEW,,,, I am familiar with the STANDARDS FOR APPROVAL �P PNS ml Tr -0 �-7 AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES y s vdFs '� and will abide by the conditions set forth therein and Y. S. SIC, N0. 49618 i,. On the permit t0 COr1StrUCt. .ANY ALTERATION OR ADDITION TO .THIS SURVEY IS A VIOLATION `P.C.- OF SECTION 7209 Of THE NEW YORK STATE EDUCATION LAW O , RS, The location of wells and cesspools shown hereon are EXCEPT A5 PER SECTION 7209—SU001V,ISION"2. ALL CERTIFICATIONS 7A9v� 0 from field abServdtiOns and OY datd obtained from others. HEPEON ARE VALID FOR -THIS MAP, ANis, COPIES THE'REQF ©LY IF t "IYiF C�:;TREEi. Y . ,A'9�tg?E h4 �• ' J JUL 2 42001 Prop r-T Permit Services LVI POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 July 19, 2001 Mr. Gerard Goehringer, Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application No. 4865; Waiver of Merger Request, SCTM #1000-33-2-24 Dear Mr. Goehringer: 31) 734-5800 It is my understanding that the Board arrived at a positive decision to not respond to my letter of January 22, 2001 on this matter. I am sure that there is some arcane legal reasoning behind this decision, but it certainly is not in the spirit of the public service to which we hope the Board as- pires. If the Board is still unwilling to respond to our comments concerning the findings in this appeal, perhaps it would be willing to offer information as to how the findings themselves can be ap- pealed. Sincerely, E. a subsidiary of THE PECONIC EASTERN CORPORATION W r 9J Page 3 — Agenda (upd. 2/20/01) February 27, 2001 Regular Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:10 p.m. Appl. No. 4918 — WILLIAM and THERESA ACKERMANN. This is a request for a Variance under Article III, Section 100-32 to construct a new second dwelling as a principal building, replacing a dwelling. Also requested is a variance for a height of the new dwelling above the code limitation of 35 feet, and/or 2-1/2 stories. 14035 and 13936 Middle Road, Cutchogue, at Manor Hill. 4 108-3-7. Margaret Garcia, Architect. u q 100 .B.Ps p.m. Appl. No. 4876 — GORDON and MADELEINE SCHLAEFER (1670 House of Furniture). This is a request for a Variance under Article X, Section 100-103C, based on the Building Inspector's September 14, 2000 Notice of Disapproval. Applicants are proposing an addition to an existing commercial building which would have a building frontage of 103 feet facing C.R. 48. Project oc���a)))tion: 4n7025 C.R.s4�8(a/k/a Middle Road), Southold; 5-5-2-2J3. G.Strang, R.A. and Pat Moorej Esq. / �,, -�`G� , ( 6 ,, e6 C.�to T. V p.m. Appl. No. 4909 — JAMES AND PATRICIA McNAMARA (Owners of 101-4-1). Appellants request a Reversal of Building Permit No. 26821-Z issued concerning new construction at r i •"� 3705 Alvah's Lane, Cutchogue, property owned by Paulette Satur Mueller and Eberhard Mueller; Parcel 101-2-24.5 and 24.6 (combined as one lot). Dan Ross, Esq. for appellants. Eric Bressler, Esq. V l for owners. Pazf� �� mar: lS t7/} '���LU�•�� III. DELIBERATIONS/DECISIONS, from above list of applications and carryovers from prior agendas: A. Carryover from Jan. 18, 2001: W. Mercurio Appl. No. 4869. B. (To be determined by Board from list of pending applications at II, above). IV. RESOLUTIONS/UPDATES/OTHER: je.,q \%A. Resolution to authorize advertisement of applications deemed complete by �hairman for next hearing calendar of April 5, 2001. B. Confirmation of Special Meeting Date: Thurs, March 15'h for agenda carryovers and decisions, new reviews, and public hearing carryover in the Matter of Donald Buskard, Appl. No. 4.844. ----C. Resolution to Approve Minutes of the following Meetings: Jan. 18, 2001; Jan. 4, 2001; Nov. 16, 2000; Oct. 26, 2000; Oct. 19, 2000; Oct. 5, 2000; Sep. 14, 2000. k D. Resolution: to confirm 6:30 p.m. April 19, 2001 Special Meeting for decisions and resolutions. / t.u�••�s r. Resolution: Updated review on other pending Applications and Resolution for Chairman to LZ,,2,;5te' confirm status and send reply to applicant(s), or other action as deemed appropriate by the -� Board. �is�•aXt.,mz F. Correspondence from J. Fitzgerald, Re: Tsatsos denial of 10/26/00. Update from Board for - Chairman. Ua V. EXECUTIVE SESSION (if any). VZ l0 yti - -- f7 [ n 51( Proper -T Permit Services 2 42001 POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 �H�� (! January 22, 2001 Mr. Gerard Goehringer, Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 :11 Re: Application No. 4865, Waiver of Mer e� r Request, SCTM #1000-33-2-24 �' ZDO—� Dear Mr. Goehringer: / e/,/" /00 I am concerned by what appear to me to be discrepancies between the Board's determination in this case and my perception of the facts, and of the unusual adversarial tenor of the Board's find- ings. Finding No. 1 states that if the waiver were granted, 11 lots in the area would be larger than the subject lots. This means, of course, that 11 lots, including the subject lots, are equal in size to, or smaller than, the subject lots. It would seem that since the lots would be "average" in size in the area, their size would not be considered unfavorable. Also, as I mentioned during the hearing, if the waiver is not granted, the resultant merged lot will be the single largest lot in the entire area, including the larger waterfront lots! From the standpoint of the impact of lot size upon the neighborhood, it should be considered that in an area such as this what really matters is frontage on the road; this is what people see when they walk or drive through a neighborhood. The average frontage in the area, including the seven contiguous waterfront lots, is 105 feet. The frontages of the two subject lots unmerged would be 100 feet. I am not able to understand how the Board arrived at the conclusion that the size of the unmerged lots would be a detriment to the neighborhood. Finding No. 2 states that no evidence or information was submitted by the applicant to show that a waiver of merger would avoid an economic hardship. The Board ordinarily asks applicants or their agents for any additional information that the members think they might need in arriving at a decision. If the perceived lack of information on this subject was important enough to, in part, result in the Board's unfavorable determination, I would think that the members would have asked about it. In not asking for the information and then using its lack as a reason for denial is, I think, adversarial; and that is not what this area of Town government has been about in the past. a subsidiary of THE PECONIC EASTERN CORPORATION Gerard P. Goehringer -2- January 22, 2001 Be that as it may, in my early remarks I stated that the background of this application was exactly the same as that of an application which the Board approved for Mr. and Mrs. Tsatsos after re- view at last month's public hearing. I stated that I would not repeat all of the background information, and the Board did not object. In my remarks about the earlier application, I described the potential impact for financial hardship, and it was my intention in mentioning the similarity of the two applications to have the Board understand that the general comments made in connection with the earlier application should also apply in the present case. Finding No. 3 states that environmental impacts were not addressed. Again, I consider the Board's failure to ask for this information, if the members felt it was important that it be restated specifically without -reliance; as.I-intended, upon the earlier application, to be adversarial. I did state that the granting of the waiver would have no effect upon the natural state of the land. I specifically stated that all of the conditions of Section 100-26 of the Town Code were met by the present application. I would have been happy to expand upon any of the specific requirements of Section 100-26 in response to questions from the Board, and I look upon the lack of questions from the Board as being tacit approval of the adequacy of the information provided. Throughout the entire hearing no Board member mentioned the lot sizes, no Board member men- tioned the concept of financial hardship, and no Board member mentioned environmental issues related to the proposal. I would appreciate your advice as to how we can best resolve my concerns. vo -3ITE OF THE PROPOSED iROJECT IS SHADED tib 2 O � " •", v 15 g a c aL/ a" � O� ~` �?� ,f ,4 , � 'Lfifi •a6 .aro' \9 ' �e�' • f J \ � • ` �°t � `+y°' 2 r $ � .09 a o� 1a� ;� ,� � .w 3` arr 9• TClc1 1.-tc1 -,n, A g 1.z .., ' 1 1.2P1c1 s,12 M1i° Y,:ro 9 :p �� }3, ar '" •°, { aS a6 '' g�1 "• .} 5 :� ,� 1.3PlGl s 1x y .w"• µ ♦>�r �q b � p e� 9r� :�• a° ,S < .0R SEC. 80. LLI SEE 1 y ^., e l'ro. I �`•+ 040-02-003.1 s_ 3 FOR PCL. No\ , +>_1� +• �fi • p� j a / SEE SEC. Ener 10-02-022.1 2 7 S,Oplel •' ,,ti ��' - 2• '' \' �{{, / Yni CN.— _RE YLT& YE r •J't; ..t{. - ,r �': l i<L'. .}n a'S4 -dz•;,,•e oar.tl ° l > .r.- y •,{•;i' :e:i'1;S"anva:•• .x.:r::. J5} v,•: Y y .,5yy to . {+T d } 'S4 V 11 + A! ,f r t }I.4 Jou , ,i It • {% -fir': 1 r' afl t rr r• 1• ry i•a t •J �`• Y . ' Sr. i -.i}' r5 '. cr•.,,.a .,.- ✓ x' ' i'iY a .Z i i t r,. •r. ,r ' { ..f.. moi. ,,. �;, rJ4a- •L• „5- .J 'r5 , ;• ' ^5 > )� ). Y :•J{a + r •'i ! .r+ •r• �3 er.. rr f•} r u v n M1,. •J � • !\iii �:i )rr •>,' i1' ' t jtit s. /t S V• la•` : If a%1 rf} r5 a+ pp it .1 •, a )ti �r1 1. . t S4' a.• r' J5, i:t `•n r t i,- +1 f• {, a .[f - lr ri t' v a, f>y t+ . fr1 s ,�A fAA;") Proper -T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800 January 22, 2001 Mr. Gerard Goehringer, Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application No. 4865: Waiver of Merger Request, SCTM #1000-33-2-24 7, s �' Dear Mr. Goehringer: o/ib/vv I am concerned by what appear to me to be discrepancies between the Board's determination in this case and my perception of the facts, and of the unusual adversarial tenor of the Board's find- ings. Finding No. 1 states that if the waiver were granted, 11 lots in the area would be larger than the subject lots. This means, of course, that. l l lots, including the subject lots, are equal in size to, or smaller than, the subject lots. It would seem that since the lots would be "average" in size in the area, their size would not be considered unfavorable. Also, as I mentioned during the hearing, if the waiver is not granted, the resultant merged lot will be the single largest lot in the entire area, including the larger waterfront lots! From the standpoint of the impact of lot size upon the neighborhood, it should be considered that in an area such as this what really matters is frontage on the road; this is what people see when they walk or drive through a neighborhood. The average frontage in the area, including the seven contiguous waterfront lots, is 105 feet. The frontages of the two subject lots unmerged would be 100 feet. I am not able to understand how the Board arrived at the conclusion that the size of the unmerged lots would be a detriment to the neighborhood. Finding No. 2 states that no evidence or information was submitted by the applicant to show that a waiver of merger would avoid an economic hardship. The Board ordinarily asks applicants or their agents for any additional information that the members think they might need in arriving at a decision. If the perceived lack of information on this subject was important enough to, in part, result in the Board's unfavorable determination, I would think that the members would have asked about it. In not asking for the information and then using its lack as a reason for denial is, I think, adversarial; and that is not what this area of Town government has been about in the past. a subsidiary of THE PECONIC EASTERN CORPORATION W Gerard P. Goehringer -2- January 22, 2001 Be that as it may, in my early remarks I stated that the background of this application was exactly the same as that of an application which the Board approved for Mr. and Mrs. Tsatsos after re- view at last month's public hearing. I stated that I would not repeat all of the background information, and the Board did not object. In my remarks about the earlier application, I described the potential impact for financial hardship, and it was my intention in mentioning the similarity of the two applications to have the Board understand that the general comments made in connection with the earlier application should also apply in ,the present case. Finding No. 3 states that environmental impacts were not addressed. Again, I consider the Board's failure to ask for this information, if the members felt it was important that it be restated specifically without reliance, as I intended, upon the earlier application, to be adversarial. I did state that the granting of the waiver would have no effect upon the natural state of the land. I specifically stated that all of the conditions of Section 100-26 of the Town Code were met by the present application. I would have been happy to expand upon any of the specific requirements of Section 100-26 in response to questions from the Board, and I look upon the lack of questions from the Board as being tacit approval of the adequacy of the information provided. Throughout the entire hearing no Board member mentioned the lot sizes, no Board member men- tioned the concept of financial hardship, and no Board member mentioned environmental issues related to the proposal. I would appreciate your advice as to how we can best resolve my concerns. rely, ) ;'J es E. Fitzgerald, APPEALS BOARD MEMBERS -�,,.. S%af RIL p COGy� Southold Town Hall _ 53095 Main Road Gerard P. Goehringer, Chairman c P.O. Box 1179 James Dinizio, Jr. CA Southold, New York 11971 Lydia A. Tortora • y'%IQl ZBA Fax (631) 765-9064 Lora S. Collins �0o Telephone (631) 765-1809 George Horning BOARD OF APPEALS TOWN OF SOUTHOLD October 30, 2000 Mr. James Fitzgerald Proper -T Services P.O. Box 617 Cutchogue, NY 11935-0617 Re: Variance Appl. No. 4865 — Lot Waiver Request 1000-33-2-24 Dear Mr. Fitzgerald: Please find enclosed a copy of the Board of Appeals' determination rendered at our October 26, 2000 Meeting. A copy of the Board's determination was also furnished to the Building Department as an update to its records. Very truly yours, Gerard P. Goehringer Chairman Enclosure Copy of Decision to: Building Department Proper -T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Mr. Gerard Goehringer, Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 October 20, 20 s OCT 2 32n 11 t Re: Tanas and Sma Tsatsos Awn. No. 4865; SC TM #1000-33-2-24 Dear Mr. Goehringer: I would like to clarify my responses to several points that were raised by members of the Board at last night's meeting: • When the property was purchased in 1969 the Tsatsoses fully intended to purchase two separate parcels, and the possibility that the lots would be merged was never considered. The error was on the part of the attorney who permitted the lots to be included in a single deed under the same own- ership. It is likely that the only attorney involved in the transaction was the attorney for the seller. • Since the attorney thought it was acceptable that. ownership of the lots be the same, there was no reason the have separate deeds. Separate deeds in the same ownership, I think, would have the same legal standing as the single deed we see now. • If the attorney had been smart enough to require --two deeds, they would certainly have been in dif- ferent ownerships. • Today, attorneys routinely would require two deeds in different ownerships regardless of the own- ers' plans for the properties. The single deed from 1969 reflects a difference in the legal practices of the day arid not an indication of an intent to merge the lots. • In the deed, the phrase "said lots numbered 133 and 134 being taken together" indicates only that the metes and bound description that follows includes both lots, and it should not be taken as an indicator of an intention to merge the lots, or the acceptance of a merger. • The "Covenants and Restrictions" section in the deed is a standard form for subdivisions and the "only one single family dwelling" phrase is intended to apply to the usual purchase of a single subdivision lot. Again, I think, a shortcoming of the attorney in not seeing. and correcting the text. I ask that the Board consider these comments when arriving at its findings. nce ly, .. f a es E. Fitzgerald a subsidiary of THE PECONIC EASTERN CORPORATION Lot numbers '�r to "Map of Eastern Shores, Section Five" rtd in the Suffolk County Clerk's Office on Dec. 31, 1968 as File No. 5234. 9`�tb\i l�w�Go91 lv • w AOQ j� SO 69ro N ' o, � O 7 0 <0 �- CP cNo C, o c 7 � �N c SOS 133 o. AREA = 34,000 sq. ft 0*"w'90 V.01 132 6*6019) le„eUs`9� ■ THE AREA OF THE PROPOSED PROJECT IS CIRCLED STIRLING Inlet PZo I t_o`' 11 INLET PO/NTs I, CO.�PARK e[^i[�w`ow:i \•n rOtA CE,, '. Rocky Pt T( SH CIS: MI RlON 9 i 1a BFq ° vU OR/FN! PIR/ porN �I n Dnm �j I lol MARION �t a Io �l One ✓\ a1 P 5, 25 fN0 , OORfRY� C.Us 0 R l E N T r, o. W _.�_ 9� .rY• H A R B 0 R 1✓ IMR •R`I lsil J ^���y cf.." (�� r Fa CR I IL J. IS ;y fw; 1P Pfd D Cleves Pt SOUTH_OL �� ;o� _ r - N TER ISLAN� ,Uwe o;,r ° T sP: S EL I-L7�'� fl rs�,-r GREENPORT f Hay Beach Pi 1 MNIH R�. o tR�N' /J� S .:Of:�';; 49 si:/ I �•R l] Q YC - (;E� Pa / } r `• ` t ss�'F. By wy 1 .� rr'l�.ry� I � v• /���-��' 'o�� h E of �'�Jt L4 0 Co-nelius PIPES COVE a /' DerEn N/°O q r ° P. 9 R01NER5 �� o FQTininop_ ' j 5..:1+• s� BAY tve �'DERING UNTRY CO^ocfN O cr. HARB R :ChegL:it PC. DE�PFt o,,•-! ..s / m I• �I x VICINITY MAP Application regarding the property of Tanas Tsatsos, SCTM #1000-38-3-9.2 & 9.3 Represented by PROPER -T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 September 5, 2000 'L ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 13, 2000 RE: Zoning Appeal No. 4865 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 Transmitted herewith is Zoning Appeals No. 4865 — Tanas & Sma Tsatsos - Zoning Board of Appeals application for waiver of merger. Also included is a cover letter from Proper -T Permit Services, an updated Building Department Notice of Disapproval, a building permit application, a lot waiver questionnaire, a letter of authorization from Mr. Tsatsos, a copy of the tax bill, a cover letter from Proper -T Permit Services to Building Department, a copy of the tax map, a copy of a vicinity map, two lot surveys, a variance search, a copy of the deed, and an applicant disclosure transactional form. Proper -T. Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 September 8, 2000 (516)734-5800 E`CEIVED 10 � ._Al t Southold Town Board of Appeals S E P 12 2000 Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Southold Town Clerks Re: Application for a Waiver of Merger: Tanas and Sma Tsatsos, SCTM #1000-33-24 Dear Sir: Enclosed are the documents prepared in support of the application for a waiver of merger and an appeal from the decision of the Building Inspector for the separation of two administratively merged previously separate lots which are the property of Mr. and Mrs. Tsatsos and are located at 1565 Green Hill Lane, Greenport. Proper -T Permit Services represents Mr. and Mrs. Tsatsos in this matter, and a letter of authoriza- tion is attached. If you need more information or have any questions please call me. Enclosures: Application fee (check, $150) Letter of Authorization Notice of Disapproval (Building Department) Application to Building Inspector, 10/7/99, as Disapproved Waiver Application Copies of 1999-2000 Tax Bills Vicinity Map Tax Map Copies of Deeds Transactional Disclosure Form Variance Search; Adelphia Abstract, Inc. ZBA Questionnaire Survey, Peconic Surveyors, 9/28/99 (original and 6 copies) a subsidiary of THE PECONIC EASTERN CORPORATION 1000®33®2®24 LOT WAIVER OUESTIONNAIRc 1 What are the square footage and dimensions of this lot (subject of building department merger application): 34, 000 s.f. 200 ft. by 170 +- ft. Date of first deed which created this lot: Date of current deed to present owner: Feb 28, 1969 (?) Feb 28, 1969 Owners' names of lot at current time: Tanas and Sma T-satsos Date and name of subdivision (if any): Dec 31, 1968; Eastern Sores Section V Size of remaining lot in the merger: 179000 s.f. Were there any building permits issued in the past for this lot: Yes No x If yes, please provide copy of former permit and map approved. Where there any County Health Department approvals in the past for either lot? Yes No X . If yes, please provide'a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes No X . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot -line change, Trustees approval, or other type of application to build or use the property in any way)? Yes No_X . If yes, please provide'copy (if available), or explain: Is there any building or structure, such as a patio, deeded lot line which separates ,the two merged lots? No. X Yes If yes, please explain. driveway, or other, overlapping the How many other vacant lots are on the same block and immediate neighborhood? 6 of 32 Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is -provided to the best of my knowledge.. (Copies noted above are attached.) SEPD p �ppp Owner's Signature Tanas Tsatsos 1960 Lincoln Park West, Unit 2508 Chicago, Illinois Chairman Southold Town Planning Board Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper -T Per- mit Services to act in my behalf as my agent in the submission and processing of an application for a variance to allow the reversal of mergers on my several properties in Southold Town desig- nated by Suffolk County Tax Map Nos. 1000-33-2-24 and 1000-38-3-9.1, and to furnish, upon request, supplemental information in support of the application. Sincerely, Tanas Tsatsos MAKE CHECKS TO AND MAIL PAYMENTS TO: MARILYN QUINTANA, RECEIVER OF TAXES, 53095 MAIN ROAD BOX 1409 SOUTHOLD, NY 11971-0499 471SS4 a3,-2-24' .3 ..::L? .:rA S O S 1 ANA ' : WF BILL NO. - 37;.',2 .',2 OU i HO D i%0 LINCOLN : i'r?RK WEST R5ENO. r' OF Oi . 7 ^f — L V V -p WARRANT APT 2soe ROLL SECTION i TAXES PAID BY CHECK CHICAGO IL _ f _'• i 4 ACCT. NO. 17 ARE SUBJECT TO COLLECTION PROPERTYDESCRIPTIOWAND LOCATION TAX MAP.NO. i I ,r SS'L 9 ' -~-r � -•ice—;L 4 LOCATION 1565 GREEN HILL LA DIMENSIONS ACRES- 0-78 SCHOOL DIST. 239 — GREE%•?iPOR S?_HOOL. PROPTYCLASS RES -VAC LAND TAX SAVINGS -DUE TO STAR: i; i i , . . • TOTAL i A DUE:- i j...•_$'e a _ s 112/01/99 — 1-1/30/001 : 2 0 i ,j 9 LEVY DESCRIPTION -•• SUFFOLK- COUNT.` i.'•.•X 2000 17.374 34 i S ...L!ii NYS :- R.r. AL PROP •i AXL.AW 2000 4aL:'69.92 —.i.Ei2 OU i i lO( D TOWN TAX 21000 i e is . : 50 01 ,30 1.E: GRE EN OF? i SCHOOL 2000 551.302 ._i 62a 2 1.1 G EL Pi1 ri= LR21000 20.78 41.57 6.0 ?„.psi PROTECTION F D 21000 30.S96 . X1.1 —9.3 0000 i.Li Lt :J 24.81 9,7 • . • �Jfjljjjol, EXEMPTION• • 71 APPLY FOR THIRD i. AMOUNT -F r - i ` a - 2000 ;COUNT; 240860157 PARTY NOTICE B"?' PENALTY I TOWN: 854:037 10/01/00 TOTAL 7F%08 69444 , SCHOOL: DUE �J 77W� 1s:{ - i `jam-'. com=TYMIAW s;WMSNlrlliTMSPSTRMNMr-TWSPI3TM __rTfIImo-s-tifl�� OM. Z 1.. ! : hundred ty -n ZMnMEMjtMXmsdetbe28thY dayufdFebruary - .ninettensix ines '•t - {h RP: a corporation. organized,under:'? g:J.S:.IADID &:DEVEIAPMENT CO .- rpo law: of: the= State=o .'' 13' existingeby' virute: of.- the: business corporation' (no=number),w New^York;, having: its-principal.office.- at:.Middle•Road. Greenport.- New+ -York• 11944._ ` a - 1n partyofthefrstpart;and: his wife, both M ` and. SMA'. TSATSOS; TANAS-.TSATSOS,,/residinc 2422_Ocean.Parkway. Brooklyn;. News York„ i -.i partyof the seeand parlt;_ VwrnYF.lmm that.theparty of thefirst part: in consideration of - Tem ($10:00) dollar 1� laxfdmwgoEtheUnitedStatekand othe=good- and. valuable consideration'.. paid: hsreby grant and rdnx con unto the. party of the sed part, the heirs or - by the:psrtTof the second put, don snooessarand assigns of the,partyofthe:second.part forenr , vacant: Af.I:.that-cmtria.plot: pieerorparcd-aoand, sitnate,� lying and beingkwimc: near-the_-Village;of- Greenport, Town of Southold." County- of_Suf folk:andrState- of: New- York, known and designated= as-, Lots- numbered_ 133-- and:- 134. on a certain. map entitled- "Map: of• Eastern- Shores_ at: Greenport; Section: 5", filed in the office= o!'the.Clerk of. the: County of Suffolk on -December 31,.1968 -as. Map. -No_ 5234.- TOGETHER- WITH. the=use_,of-. the- beach- area as described in, deed". made - by- H.J.S._Land:&Development Corp: and J.M.S. Land-&,. Development, -Corp. -dated: March- 17, 1965 and recorded March; 18; 1965'in Liber 5716- at=pager 16:_ SUBJECT-TO-Covenants.and=Restrictions shown on list attachedi hereto:, and hereby-made=a-party hereof:. THIS.- CONVEYANcl-iss made in: the: regular- course of business actually: conducted: bye the: party- of- the first -part. The; saidAoiss numbered.133X and 1341 being takes together -are= morer particularlye bounde& and- described - as follows: BEGINNING- at- the. -corner_ formed: by the intersection of theewesterly sides of:Green_Hill! Lane:.with: the- southerly side, of Sound_Drive-, running: thence: from= sai&point or: place of beginning:• along -the -" westerly! side: of~ Green* Hill- Lane,. South: 20 degrees. 57'minutes_ 50"seconds) Eastx l7Or feet: to: the-_division� line between. lots:. 132- 'thencei long said. divisiondine: and_:z andi134>on_said=map; running thet•divisiont line= between_ lots: 132, and- 133" on said. map,a South- 691 degreesr 02` minutest' 1Oi seconds- West -200' feet to:. land- as, shown onr the:Mapof_ Eastern: Shores,.Section-2: running thence: along said = laad±.North: 20: degrees: 57` minutes, 50'seconds West 170. feet- to -the,- southerly- side= of Soun&Drive, r. running- thence along the: southerly side, oe Sound:Drive*, North-_ 69 degrees- 02- minutes• 10. seconds: East: 200:feet; ton therpoint- o=place_of BEGINNING - - _ _ �F;. n'p�= :: � Ci C•u'.,.f��i"A.e...:.?'�J.t�=i�.-t-:'•' .•�c.4�f :.iry'� �t;dy .- • 'tui.. ',1tT. 41 FACE372. 4 Lw"5513_ } COVENANTS AND RESTRICTIONS EASTERN SHORES; INC. AT GHEENPORT, NEW YORK. - L That only one single family dwelling house for residential purposes, with a private garage attached thereto for family use only, shall be built on these No r' premises, occupancy of any such dwelling house shall he permitted until the outside and the roof shall be frilly and completely finished and painted. No trailer, tents or camping shall he permitted, i' r 2- That no building, structure or structures shall be erected or maintained at a height in excess of two stories, and that all roofs shall be of the hip, gable or pitch roof type construction. All buildings shall be erected on closed foundations of poured concrete or cement blocks, and no buildings on posts shall be permitted.\o flat roofs or lean-to roofs shall be permitted. There shall be no outside storage of boats , on any lot. or commercial vehicles 3• Zh.at4o ,�afrj jn ho SA clusive of garage, shall be erected on said premises which shall contain less than 1 square feet of living area on the ground floor. All roofs shall be of asbestos, cedar or composition shingle and no roof shall be laid down = _' with rolled roofing. All plans and specifications shall be subject to the approval of the party of tine first part, and in writing. Such approval shall not be un- reasonably withheld. 1 • r 4. No trade, craft, business, manufacture, industry, commerce or profession (medical, dental and legal professions permitted) including hotels, boarding and rooming houses, shall be conducted on said premises. 1 ..• 5. No nuisances nor noises of any kind, unwholesome and offensive to the neighborhood, shall be per- mitted to exist on said premises, nor - shall any accumulation of rubbish, garbage, junk or materials of any kind he permitted to remain on said premises. No advertising signs, billboards or other sign devices be shall permitted on any of said lots, excepting a developer's sign of reasonable dimensions, or a for sale" or "for rent" sign not larger than 12" x 24". _ G. No fowl, poultry, animals or livestock shall be kept on said premises except domestic household pets. Pets shall be limited in, number to tiro except by special permission of the grantor herein, i i. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appear- ante of the nei;hborhood and ?lith duc consideration for the i aesthetic value thereof. { S. There ,hail he no outside toilets or outhouses erected upon said or ces,pools shall be erected and maintained on said premises for sewage disposal in Adequate septic tanks with the ofeach lot. quircmcnts of the Suliolk County health Department. All cesspools 511311 be Routed in the front yard area 4: 9. Said premises shall be subject to electric, electric light, gas, water, T.V. and telephone easements on the surface or below the surface along the roadway or lane adjacent to °- said premises. 10. No sand, earth or sod shall be removed from the premises, or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. Individual lot pleted before occupancy, grading shall be com- 11. No fence shall be erected or maintained on any lot over four feet in height. Fences shall be picket, ranch type, privit or evergreen only. No fencing whatever shall be erected or grown in that area of the front yard of each plot ?which is forward of a line established by extending the front line of the house to each side- line of the plot. On corner properties this restriction et 1 {' shall apply to the yard area facing both streets. 12. NO title in and to the bed of any private road on said tract of land bordering saidpremises is herein conveyed to the grantee. 'rile grantor retains the said title, and also the right to dedicate and convey the said title to the Town of Southold, or to the Village of Greenport, or in its sole discretion, an association of owners of lots of said tract. to convey said title to 13. The said covenants and restrictions are hereby declared to be covenants and restrictions attached to and running with the land, and shall expire on January 1, 1983, except that any i or all of the above cove- nants and restrictions may be modified, altered or annulled as to the premises described herein or as to any , ther neighboring property note or formerly owned by the at I %grantor any time by written agreement by and 6ctt-een the grantor, its distributees or assigns, and the then owner for the time being of the premises upon which it is agreed to amend, alter or annul such covenants and restrictions and such agreement shall be ef- fectual to modify, alter or annul such restrictions as to said premises without consent of the owner or owners of any adjacent premises or any other neighboring premises, now or formerly owned by the grantor, or of any other party or mortgagee holding any interest in the said premises. I 1 1 __ - - � - - - '�r'.I- • t.+}e: ' i � 5�ty . r., .,+ • :1'- - ;->�.,;t�r-y ,r' - i 1 �I ;I .y !11 ' • A. ;G. ti:! � j%� b' '. � - .. .. z'� �,- _- '- ,'~', ',, .` .-:ii .- i� �i•i a r - -, tl.. •••- n ems• y _ •" . ::. LIBEP6513 Pw373 ;r r iOGZTHER with an rift title and interest, if any, of the party of the first put in and to any stmta acrd '.: roods abusttirta the above described premises to the anter fines thereof, :' iOGE7HER with the apptutenanoa and all the estate and rights of the party of the first part in and to _ }i • 70 HAVE AND TO HOLD the premises hereat grunted unto the party of the second part, the heirs or ;;, ' atseeesaaa and assigns of the party of the second part forerer. V. i 1 11 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 inct mbered 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 consid- eration as a taut fund to be applied first for the purpose of paying the cost of the improvement and will apply I! 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 ptoll con - 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 t3lestrecor. H.J.S. Land & Development Corp. !( SEAL arles W. Morgan. T surer it ❑ •{ CF I� 4&- •"� �I ;I .y !11 ' 11 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 inct mbered 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 consid- eration as a taut fund to be applied first for the purpose of paying the cost of the improvement and will apply I! 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 ptoll con - 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 t3lestrecor. H.J.S. Land & Development Corp. !( SEAL arles W. Morgan. T surer it ❑ •{ CF I� 4&- •"� . -., � % , tt' y-��j` inn'•` ; • STATE Of NEW YOU COMM Of ' .' IS: On the dad of ' 19, , before we to tae 1, to be the individual deemed in and who executed the foeiaatrument, and admow"Ar l that executed the same "'- REA1r;ESTAT E=' �: ,. bT6OF :e EW -YORK. "1g iaaaN�a'w�E�ry ,. _. 0; 9. 3 5. . STATE OP NW TORI. COYNTT-OF Suffolk SSS I STATE O! NEM TOIL COUNITT OP SS: On the 28th day of February 1969 , before me On the day of 19 , before me personally came Charles W. Morgan personalty came to we known, who, being by me duty sworn, did depose and the subscribing waters to the foregoing instratomt, with sagkherrsdesat*1ot Jackson Street Sno whom I am personally aogmmted, who, being by me duly umber) , New Suffolk, New York 11450 swam, did depose and say be reside at o. that he is the Treasurer Of H.J.S. Land & Develo tRe-Goo __ - that heimM ,lcurpoin and which executed the foregoing instrument; that he to be the individual knows the sal of said corporation; that the seal affixed described in and who executed the foregoing iactrument; to said ins cut is such corporate seal; that it was so that be, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness• tion, and that he signed his name thereto by bloc orden at the same tithe subscribed h name as witness thereto. r trrr . Wartgilill arab Ste herb W1711 (g1LVA%T Ar-AINST G"woas .1Cn TITLE NO. lj j S _ L. G ? i r%] H.J.S. band & Development Corp-. TO Tanas Tsatsos and Sma Tsatsos, his wife, VAUM FOU OF NIST TM NU OF TM WIIM11111t1 Divributed by ]WOMB -WITLTZ 3XKV1iI01V CINICALGO TRIPE=. INt31i7IEANCN COMPANY SECTION 5, Ma of Eastern Shores BLOCK at Greenport j LOTSNo. 133 and 134 XX0303= TOWN of Southold, County of Suffolk Recorded at Request of , Howt Trrtt Dtnuo+ CHICAGO TITLE INSURANCE COMPANY Retum by Mail to Mrs, Yorka Condeles Linakis Attorney at Law 88-12 161st Street Jamaica, New York zip No. 11432 ` , ppr�PACE374 wyom 0 Q Qa AT�JComm op" ° SS: On the day of 19. , before me •:.t, penamllyeame fi =1 r to me (mown to be. the iodividuaL described is and who executed the f iastr>m>mt. e =led same - and kknowkdged that s ; W ',,.. MA/RR 4 ^190M `�L DIS r •ii. . -., � % , tt' y-��j` inn'•` ; • STATE Of NEW YOU COMM Of ' .' IS: On the dad of ' 19, , before we to tae 1, to be the individual deemed in and who executed the foeiaatrument, and admow"Ar l that executed the same "'- REA1r;ESTAT E=' �: ,. bT6OF :e EW -YORK. "1g iaaaN�a'w�E�ry ,. _. 0; 9. 3 5. . STATE OP NW TORI. COYNTT-OF Suffolk SSS I STATE O! NEM TOIL COUNITT OP SS: On the 28th day of February 1969 , before me On the day of 19 , before me personally came Charles W. Morgan personalty came to we known, who, being by me duty sworn, did depose and the subscribing waters to the foregoing instratomt, with sagkherrsdesat*1ot Jackson Street Sno whom I am personally aogmmted, who, being by me duly umber) , New Suffolk, New York 11450 swam, did depose and say be reside at o. that he is the Treasurer Of H.J.S. Land & Develo tRe-Goo __ - that heimM ,lcurpoin and which executed the foregoing instrument; that he to be the individual knows the sal of said corporation; that the seal affixed described in and who executed the foregoing iactrument; to said ins cut is such corporate seal; that it was so that be, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness• tion, and that he signed his name thereto by bloc orden at the same tithe subscribed h name as witness thereto. r trrr . Wartgilill arab Ste herb W1711 (g1LVA%T Ar-AINST G"woas .1Cn TITLE NO. lj j S _ L. G ? i r%] H.J.S. band & Development Corp-. TO Tanas Tsatsos and Sma Tsatsos, his wife, VAUM FOU OF NIST TM NU OF TM WIIM11111t1 Divributed by ]WOMB -WITLTZ 3XKV1iI01V CINICALGO TRIPE=. INt31i7IEANCN COMPANY SECTION 5, Ma of Eastern Shores BLOCK at Greenport j LOTSNo. 133 and 134 XX0303= TOWN of Southold, County of Suffolk Recorded at Request of , Howt Trrtt Dtnuo+ CHICAGO TITLE INSURANCE COMPANY Retum by Mail to Mrs, Yorka Condeles Linakis Attorney at Law 88-12 161st Street Jamaica, New York zip No. 11432 ` , W \ V'111__ W 1 rr 0 Q ,iY • 0 G fi =1 r CD -2 a 8 cis U 4'. s ; W ',,.. MA/RR 4 ^190M `�L DIS r •ii. LEA AA. ALBERTSON ` ' t Cork of Suffolk County oEMEN ,iY • oEMEN Proper -T Permit Services PC?ST L7FF10E BOX 617, CUTCHOGUE. NEW YORK 11935-0617 October 7, 1999 Senior Building Inspector Building Department Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for Tanas Tsatsos SCTM #1000-33-2-24 Dear Sir: -�5i6� 734 -5800 Attached is a completed Application for Building Permit submitted on behalf of Tanas Tsatsos for the construction of a typical two-story frame house on each of two.previously separate but now apparently merged lots owned by. Mr. Tsatsos on Sound Drive in orient. Also enclosed is a sketch map (an annotated survey) and a check in the amount of $25, since we are submitting this application to obtain the disapproval necessary for a ZBA application for a waiver of the merger. Please note that "Eastern Shores", a subdivision of which these lots are a part, was included in the listing in the deleted Section 100-12 of the Town Code. In addition, I am enclosing a "Variance Search" prepared by Adelphia Abstract, Inc., as was requested of Ms. Theodora Tsatsos (Tanas's daughter) when she discussed this matter with Mr. Forrester in June 1999. If there are any questions, please call me. erely, J es E. Fitzgerald r. Enclosures: Application Disapproval Fee ($25) Sketch map (annotated survey) Variance Search a subsidiary of THE PECONIC EASTERN CORPORATION ADELPHIA ABSTRACT, INC. 23-09 31st Street Astoria, New York 11105 VARIANCE SEARCH COUNTY OF SUFFOLK ) ) ss.: STATE OF NEW YORK ) ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of Adelphia Abstract, Inc. That under her direction, title was examined to the parcels of land described on the annexed Schedule and labelled parcels: A, B, C, D, E & F. That said examination, dated June 24, 1999, a chain of title to determine if any contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Ordinance as of 1965. And, that this affidavit is made to assist the Board of Zoning Appeals to the Town of Southold to reach any determination which requires as. a basis therefore the information set forth herein and knowing full well that said Board will -rely upon the truth thereof. ADELPHIA ABSTRACT, INC. Elaine Razis President S n tC b f a me this day ugust, 1999 r Notary u. is NANCY E. GIBSON Notary Public, State of New York Na 41.4526911 Qualified in Queens County Commission Expires August 31, Id xerr) D E S C R I P T I O N S PARCEL "A": (SUBJECT PREMISES) ALL that piece or parcel of land, with the buildings and improve- ments thereon erected, situate, lying and being near the Village of Greenport, Town of Southold,.County of Suffolk and State of New York, known and designated as Lots numbered 133 and 134 on a certain map entitled, "Map of Eastern Shores at Greenport, Section 5" filed in the Office of the Clerk of the County of Suffolk on December 31, 1968, as Map No. 5234. ALSO known and designated on the Real Property Tax Map as: DIST: 1000 SEC. 033.00 BLK: 02.00 LOT: 024.000 PARCEL "B": (ADJOINING NORTH) Sound Drive PARCEL "C": (ADJOINING EAST) Green Hill Lane PARCEL "D" (ADJOINING SOUTH) 1000-033.00-02.00-025.000 PARCEL "E": (ADJOINING WEST) 1000-033.00-02.00-021.000 PARCEL "F":, (ADJOINING WEST) 1000-033.00-02.00-023.000 STATE OF NEW YORK ) COUNTY OF.SUFFOLK ) SS.: ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the Suffolk County Clerk's Office. S ,§n to fo a me this day f gust, 1999 Notarf Pub is NANCY E. GIBSON Notary Public, State of New York No, 41-4526911 Qualified in Queens County r ommission Expires August 31, 1# �irr� AD LPHIA A T, INC. r L Elaine Razi President i CHAIN OF TITLE FOR PARCEL "A" J.M.S. Land & Development Corp. Liber: 5829 cp 370 to Dated: 09/27/65- 9/27/65H.J.S. H.J.S.Land & Development:Corp. Recd: 09/28/65 H.J.S. Land & Development Corp. Liber: 6513 cp 371 to Dated: 02/28/69 Tanas Tsatsos Recd: 03/04/69 Sma Tsatsos, ux I1 9 1 Be TI z 13 1 • : •b STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ELAINE RAZIS,.being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the Suffolk County Clerk's Office. Sworn to be re a this F4 dayAu st, 1999 t J -11-U4 Notary ubli. NANCY E. GIBSON Notary Public, State of Now York Qualified in Queens County^ �/ Commission Expires August 31, IN A ELPHIA CT, INC. Elaine Razis President /0 CHAIN OF TITLE FOR PARCEL "B": SOUND DRIVE STATE OF NEW YORK ) COUNTY OF SUFFOLK i SS.: ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the Suffolk County Clerk's Office. Sn to br me this day ori A ust, 1999 NotarytPublfc NANCY E. GIBSON Notary Public, State of New York No. 41-4526911 Qualified in Queens County Commission Expires August 31, ADELPHIA AAST1JACT, INC. 4—eine Razis President CHAIN OF TITLE FOR PARCEL "C": GREEN HILL LANE STATE OF NEW YORK ) COUNTY OF,SUFFOLK ) SS.: ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the Suffolk County Clerk's Office. won to fo a me this day gust, 1999 Notary Pub is NANCY E. GIBSON Notary Public, State of New York No. 41-4526911 Qualified in Queens County Commission Expires August 31,.)M ;I -f -D LPHIA A CT, INC. Elaine Razis President CHAIN OF TITLE FOR PARCEL "D": J.M.S. Land & Development Corp. Liber: 5829 cp 370 to Dated: 09/27/65 H.J.S. Land & Development Corp. Recd: 09/28/65 H.J.S. Land & Development Corp. Liber: 6495 cp 320 to Dated: 01/18/69 Dimitrios Nikas Recd: 01/24/69 Elisa Nikas, ux LAST OWNER OF RECORD STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the Suffolk County Clerk's Office. M tobfo E- Notarij his day gu1999 Pub is NANCY E. GIBSON Notary Public, State of New York N0. 41-4526911 Qualified in Queens County r�re,- ;on Expires August 31,0elfl-I ALPHIA AB T, INC. Elaine Razis President 4 y • LL . 5829 cp 370 to CHAIN OF TITLE FOR PARCEL "E" J.M.S. Land & Development Corp. Liber: 5829 cp 370 to Dated: 09/27/65 H.J.S. Land & Development Corp. Recd: 09/28/65 H.J.S. Land & Development Corp. Liber: 6503 cp 499 to Dated: 02/01/69 Andrew Stamboulidis Recd: 02/10/69 Sophia Stamboulidis, ux Andrew Stamboulidis Liber: 7945 cp 230 Sophia Stamboulidis, ux Dated: 11/17/75 to Recd: 11/19/75 Nicholas P. Christofer Calliope Christofer, ux Nicholas P. Christofer Liber: 11736 cp 190 Calliope Christofer, ux Dated: 07/06/95 to Recd: 08/04/95 Nicholas P. Christofer LAST OWNER OF RECORD STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the Suffolk County Clerk's Office. S n to be or me this A ust, 1999 A- -44f t `44ft / Notary Publ c NANiry E. GIBSON Notary N+. —'. Mete of New York N ? •^5?6911 ` Qualifi�!. � • tu,:ens County commission rxp*1rEs !eu5t 31, DELPHI BS CT, INC. Elaine Razi President CHAIN OF TITLE FOR PARCEL "F" J.M.S. Land & Development Corp. to H.J.S. Land & Development Corp. H.J.S. Land & Development Corp. to John F. Gunning Beatrice M. Gunning ux John F. Gunning Beatrice M. Gunning ux to Costas Pourakis Irene Pourakis ux Costas Pourakis Irene Pourakis ux to Demetrios Vasiliades LAST OWNER OF RECORD STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Liber: Dated: Recd: Liber: Dated: Recd: Liber: Dated: Recd: Liber: Dated: Recd: 5829 cp 370 09/27/65 09/28/65 6365 cp 59 06/06/68 06/17/68 7718 cp 475 08/24/74 09/23/74 10687 cp 518 09/01/88 09/09/88 ELAINE RAZIS, being duly sworn, deposes and says: That she resides at 23-09 31st Street, Astoria, New York and is over the age of 21 years and that she is President of ADELPHIA ABSTRACT, INC. That the above is the true description of the subject premises and of the adjoining premises as shown on the.record in the Suffolk County Clerk's Office. Sw n tobefore me this /j day of u st, 1999 Notary ubl'c NANCY E. GIBSON Notary Public, State of New York No. 41.4526911 Qualified in Queens County -` Commisslon Expires August 31, i� AD LPHIA AB CT, INC. Elaine Razis President 4000®33®2-24 APPLICANT TRANSACTIONAL DISCLOSURE FORM. r The Town of Southold's Code of Ethics prohibits conflicts of interest on the pari; 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: Tanas Tsatsos (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's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Waiver of merger or subdivision 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 Elie Town of Southold Title or position of that person Describe the relationship between yourself (Elie applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all tliat apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when Elie applicant is not a corporation); C) an officer, director, partner, or employee of Elie applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this :31t*day of 2003 Signature_,��(/�t(j Print name Tanas Tsatsos :t' Date: 09/13/00 Town Of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Receipt#: 1793 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1793 Total Paid: $150.00 Name: Tsatsos, Tanas & Sma 3023 North Clark, Apt 595 Chicago, IL 60657 Clerk ID: LYNDAB Internal ID: 17851 Updated 10 LOP FOR BOARD AND STAFF USE New Information 3 T. TSATSOS REQUEST TO UNMERGE FORMER LOTS for FUTURE DWELLINGS THURS. OCT. 19'm2000 705 PM r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---- ----------------------x In the Matter of the Application of Tanas Tsatsos (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 33 - 2 - 24 COUNTY OF SUFFOLK) STATE OF NEW YORK) rt N— AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr. residing at 385 Haywaters Drive( Cutchogue , New York, being duly sworn, depose and say that: On the 5th day of October , 2000, 1 personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon,. securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in pi prior to the date of the subject hearing date, which heari October 19, 2000. Swom to before me this - U� day of 3c`6o�, 200 � LLYNDA M. BOHN � NOTARY PUBLIC, State of New York No. 01 B06020932 (Nota rY Public) Oualified in Suffolk County Term Expires March 8, 20..,,E days )wn to *near the entrance or driveway entrance of my property, as the area most visible to passersby. 2 In--nn—d-737 . Also complete `I■ Complete items elivery is desired. i item 4 rf Restri et a a address on the reverse l� Print your nam the card toe m8:jj iece, so that we can return Attach this card to the ac is he m P 1 „r nn the front if space p = Complete items' 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you: _= Attach this card to the back of the mailpiece, ■ Complete iin ms 1, 2, and 3. Also complete 'j item 4 if Rericted Delivery is desired. ,in Print your nme and address on the reverse so that we return the card to you. 0 Attach this card'to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: • Print Clearly) g, Date of Delivery /6 .7 Received by (Ply �s ❑ Agent /I C Signature Addressee" X address different from item 1? Yes No delivery below: D. Is veaddress If YES, enter deliN I A. Received by (Please Print Clearly) I B. Date of 9elivery C. ❑ Agent A. Received by (Please Print Clearly) I B. Date of Delivery Ii7yel�iTi7i>ild�����'1L;Y.yxiyl(Ud-COMPLETE THISSECTIONON DELIVERY Complete items.1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. J 10'" Print your nayand address on the reverse C. Signat re so that we creturn the card to you. Agent Attach this c to the back of the mailpiece, X " Addressee or on the frof space permits. s D. Is delivery address different from item jP ;. Article Addressed to: If YES, enter delivery -address below: o Dimitrios Nikas & wf 1445 Green Hill Zane Greenport, NY 11944 2. Article Number (Copy from service label) 70nn .6136. M2 -t .743 PS -Form 3811, July 1999' ' ` `• , i Tsatsos - Greenport 3. Service Type Il Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) I . ❑ Yes Receipt 102595-00-M-0952 I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK In the Matter of the Application of Tanas Tsatsos (Name of Applicants) CTM Parcel #1000- 33 - 2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF �G �] ICINGS - 24 TD -- h OCT: ;6 2000 1, James E. Fitzgerald, Jr. residing at 385 Haywaters Drive Cutchogue , New York, being duly sworn, depose and say that: On the 5th day of October , 2000, 1 personally mailed at the United States Post Office in Cutchogue , 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 lv e ic or prie , o hicular ht -of= way of record, surrounding the app 'cant's ropert Sworn to -betore me tnls day of 2000. ELIZABETH A STATHIS NOTARY PUBLIC, State of New York 204A - - __ . — (NotaryPublic) No�TermExpiresJu^ Suffolk County 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. H, Er M Postage $ ` `p E NY tti Certified Fee 1 / /l a� r oo tma f� r -q Return Receipt Fee l �® gre ru (Endorsement Required j'� ?' Restricted Delivery Fee (Endorsement Required) 0 O Total* Postage & Fees O Name (Please Print Clearly) (to be completed by ma ler) o-_:,dad.--Halit--- --K-ali-ro ----------------------- Street, Apt. No.; or PO Box No. A as Trustees C3 ----I-II-3,4 b8th Hoad - I,- City, State, ZIP+ PS Form 3800, July 1999 �ee Reverse ior instructions - 11 Ln M Postage $ m rE N .' f`- Certified Fee tm �' a Return Receipt Pee O� ere �w \ 11:I (Endorsement Required) (� C3• Restricted Delivery Fee (Endorsement Required) t7ip\S EM CI Total Postage &Fees 1 ,�p -M V O Name (Please Print Clearly) (to be completed by mailer) tp�F Bol C� s:top er ------ S ree o, 3C�-70 , 49th Street 'Cit , State, ZIP+4 ------------------------------------------------------------------------ Cit NY 11103 • ■ Itle ■ . (Domestic/ No Insurance Q' Postal FO 'Article Sent To: I Ln i CERTIFIED■ ■ (Domestic/ No Insurance Coverage Provided) t r`- ru j43_ r Certified Fee sy Return Receipt Fee oHere Vu (Endorsement Required) 117 M co Postage $ 19, N1P � r Certifled Fee Return Receipt Fee IM r �� 0 Gostma Q Here Wta ru se (Endorment Required) Restricted Delivery Fee - (Endorsement Required) O C3 Total Postage & Fees' �9 Ir Q r® U� p ame flease Print C/ arty) (t be com feted b mailer n rew Sam�ou�id s'Wf 0 Street, Apt. No.; or PO Box No. 167-04 14th Road i � City, State, ZIP+4 ----- -------------------------------=------------ Beechhurst. NY 11357 H, Er M Postage $ ` `p E NY tti Certified Fee 1 / /l a� r oo tma f� r -q Return Receipt Fee l �® gre ru (Endorsement Required j'� ?' Restricted Delivery Fee (Endorsement Required) 0 O Total* Postage & Fees O Name (Please Print Clearly) (to be completed by ma ler) o-_:,dad.--Halit--- --K-ali-ro ----------------------- Street, Apt. No.; or PO Box No. A as Trustees C3 ----I-II-3,4 b8th Hoad - I,- City, State, ZIP+ PS Form 3800, July 1999 �ee Reverse ior instructions - 11 Ln M Postage $ m rE N .' f`- Certified Fee tm �' a Return Receipt Pee O� ere �w \ 11:I (Endorsement Required) (� C3• Restricted Delivery Fee (Endorsement Required) t7ip\S EM CI Total Postage &Fees 1 ,�p -M V O Name (Please Print Clearly) (to be completed by mailer) tp�F Bol C� s:top er ------ S ree o, 3C�-70 , 49th Street 'Cit , State, ZIP+4 ------------------------------------------------------------------------ Cit NY 11103 • ■ Itle ■ . (Domestic/ No Insurance Q' ■ Coverage Provided FO 'Article Sent To: ri Ln E M Postage $ j43_ r Certified Fee sy Return Receipt Fee oHere Vu (Endorsement Required) U la p Restricted Delivery Fee (Endorsement Required) IM 111 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 19, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main. Road, Southold, New York 11971, on THURSDAY. OCTOBER 19. 2000, at the time noted below. (or as soon thereafter as possible): 7:00 p.m. Appl. No. 4865 - TANAS TSATSOS. This is a request for a Waiver of Merger under Article II, Section 100-26 concerning lots shown on the Map of Eastern Shores, Section V, filed in the Suffolk County Clerk's Office on December 31, 1968 as File No. 5234. This Waiver of Merger is based on the July 26, 2000 Building Department's Notice of Disapproval determining that, under Article II, Section 100-25, Eastern Shores Subdivision Lot No. 133; shown as the westerly portion of County Tax Lot 1000-33-2-24, and Eastern Shores Subdivision Lot No. 134, as the easterly portion of 1000-33-2- 24, are merged as one lot. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the first lot at any time after July 1, 1983... until the total lot size conforms to the current bulk schedule requirements." Location of Property: 1565 Green Hill Lane and South Side of Sound Drive, Greenport. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). This.hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. . Dated: September 29, 2000. . GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 - Southold, NY 11971-0959 TANAS TSATSOS: ADJACENT PROPERTY OWNERS (GREENPORT) 1000-33-1-15 Susan Follari 2300 Sound Drive Greenport, NY 11944 1000-33-1-16 Sadik Halit & Kaliroi as Trustees 103-19 68"' Road Forest Hills, NY 11375 1000-33-1-17 Demetrios Papagiannakis & wf 2100 Sound Drive Greenport, NY 11944 1000-33-2-21 Nicholas P. Christopher 30-70- 49`h Street Astoria, NY 11103 1000-33-2-23 Demetrios Vasiliades 21-14 Hoyt Avenue Astoria, NY 11105 1000-33-2-25 Dimitrios Nikas & wf 1445 Green Hill Lane Greenport, NY 11944 1000-33-3-1 Andrew Stamboulidis & wf 167-04 14`h Road Beechhurst, NY 11357 tot numbers'. !fer .to "Map of Eastern Shor-es,� _ Section. Five—Filed ,in- the Suffolk -.County Clerk's Office on Dec. 31; 1968 as File fdo >3,o aWe,��a9� l SURVEY - OF PROPERTY AT GREENPORT TO WN OF SO UTHOLD SUFFOLK COUNTY, . NEW YORK 1000-33-02-24 SCALE: 1_`=40' Sept. 24, 1999 w l AREA . = • 34,000 sq. ft. I..am _ familiar with the STANDARDS'FOR APPROVAL AND CONSTRUCTION 'OF SUBSURFAdE SEWAGE DISPOSAL SYSTEMS FOR SINGLE - FAMILY RESIDENCES and will abide by the conditions- set forth therein and on the, permit to construct. – The location of wells and cesspools shown- hereon are from field observations and 'or data obtained from others. Elevations are referenced to an assumed datum. ToO CW e 04 i' I- pF S. LIC. NO. 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATIONS, P. C. W. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA CV EXCEPT; AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS (51 6) ]– 20 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY 1F P. O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE 'SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 arl"adjacc numig ;"" ghip--with: 19 'July,lf W-,, l` EN"" coliforms pqrs u aqt'-_§e" Section; ue� , J.1eq ., d'--1"-'�Ji%__; `Code- coils, ]imitation: 4: 6, 21;`2000 Notice of isap r6,Val:ofafi :publicfollowing' earmgs,,�•by:-',thc".-, 7.0 g� SOUTHOUK Nj%OARIJ`OF '5j0§5 WI APPtALS`--ii,'ihe'-,T1bwn,hall, Dgi6skft-.,- � Mawi�."Ijk6ad'7§uth o dld.;New,,'York:'.-'Viriiiice---�. e reason... or,.disa ro, 1%.2000 at the time ,as soon iheroft-6k, A' 0.m`.MAPF 7HOMAS&-aind P. Variance; Se&46nJ00-244B';1 Section,.A00-2,4. Bujlding,bepar -Noti&. of:JJi`,sapp;, -r4 building Pe' mu , p -iiason4hi1f;4hA_,t' "'M Applicants .X0jpr9I 'idditibir,"Witii, —'9p; PETER G C., :RUGG.r. V,t ; d er ,100-32-`,and.I0G 'Building' Depar 73,,,'2000'--Notibe 16catq:.'(a)`an-a`c( front yard,and 0 ' iddifl6h-.�6441 ess than.=6(i :fee righ Munnataw et-,� Is1an&,'NY?'G o" V 006-03:8. j on Edith �ffblk inAlic S ' ' -0 as File;No: pin. App: CAMON.-m2is 11,2000 locaie'i yard setl minimtu on,--, the: y of, 26;20W I- Pr4 ,4ding. q _.Cu Jor the -10( •'s';, until the total'lot side itiie me 565, Green HiU,L;ane and. S P - P, oil, Nw:' OUMAS (Owner Vera Lis , - ;�4*,,a - request -for a i der -.Article XXIV;'�,i -244,': bised'on"Ithe pgrtm6nvs September lice -of Disapprbval"tb' ," dwelling; with; 'a front ,,at -less than the,40,ft,. requirement; I and n' size. L66iti6dov I -'Beebe Drive;' crm Parcel`;'No, STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) county, being duly sworn, clerk of THE SUFFOLK T J, le - published at Mattituck, County of Suffolk and StE Notice of which the / 4 —/4 , ann ,,-cc been regularly publishe,(a5 each week for—_x a -to_ I I Al commencing on of said cipal aper, hold, It the , has once ively, —day )'I1COAfOIgtatlCf`- :S WMIQiNN INS Dsih&q�_dweffln is a requestf6faVafladd*e,--i de' r-..-," cli;IMaciion-i =31 4-based ' Principal Clerk n Department's'. July coils, ]imitation: 4: 6, 21;`2000 Notice of isap r6,Val:ofafi t ?"26g --alter" a ,y: 0-�-Main�,Japp ationi.1to- '- � an a -,in Sworn to before me this iig by-k"dd o --w facility-., day of e reason... or,.disa ro, 2000 N 48"-t""'t'ie",depp_ iesene-'&aful This:is request (:'bath, it4jW,tho.strueture constitutes. as CHRISTINA T. WEBER Notary Public, State of Now York der Article='.a: dd'�wdlfing.,unit on ;the par—, No. OIWE6034554 Z A (15) O�establish='=:cel.".. qca�lon��tof'.. )pertyf�i.20001-� , , J, Qualified in Suffolk Cou,) id :akfait use re�,,,O-Rd.,"Mat Ituc ; Expires Dece.-n,,:,, tJ,ocW )061 Jt. 4 0 iOO, -3 be4rooms,, incir�, N J, p , , t-' 7T A III, Section 100-33A, based on the pursuant to. Article XXIV, Section* I*ii � Ills is,-- a; - Building Department's May 31, 2000 100-241G. Subject property does not V N�Y,,,Parce 1No.t-.-' request for,.i_,, variance' under Notice of Disapproval for removal of contain a permitted principal I 'use pq _Sectl*--'160-33A,� b Od! the existing tower and to construct . pursuant to Article XIV, Section. 100- new wireless communication cation tower 141A. An accessory use cannot exist tNot.i.ce,�,,.6U'Disapprov of.- at a height exceeding 20 feet above - without a principal use." -,a cptiofil-.46, ocatt.' q,a"s§9ry� the average height of buildings with- 9:00 No. 4880 ,42app g2A' based, 6&--.`- Fuildi `,. pa"rily"thi"�'a' - III__ mg '. "I. in 300 feet of the facility,. The height START VEL- HEAD START CHILD DE 1, - R *qt'�M_ arch..2 i'�',-.46cAti9n f :Pi "-d""495 1�1[6,jQh` is proposed at 110+--, -feet- orn - from OPMENT SERVICES, INV.(for-_, pprg 0 5ar6i f 118 ground. Location of Piopely:'415 merly Church of the Open Door), 41W. Elijah's Lane, Mattituck, NY; County This is a request for a Special . Al. )T, p.pXgy, -,,':�-7:20 pimi�A00L.'No."41M, Tax Map No. 1000-108441.3. Zone Excdptio' n for Nursery School Activi. 'ardditt--t-_-�ep_ tion eq#qs District: Limited Business-.,:,';. ties. A nursery school is listed, as all: , —W, all0d, 8:15 p.m. Appl. No. r'4826.—, authorized use in the Zoning �Code.- otcpveirag p-00;3 WILLIAM PENNY/TIDY CAR. under Article III_ Section0K 10* .100K -- f"b� y?Building.. qparJments'_,,' (Continued hearing -postponement 31B(4). The property is zoned- R780. requested by agent 19/18/00). Coiner Residential and is.known as,, -1850 dfl MPl Of C.R. 48 and Younigs"Avenue, Main Bayview Road, Southold, 4 )r ton oexistmg'aqcess(, y garage With':`,, ho, Sout Id, NY; 1000-55-5!.2.2. Zone: C!Ounty Parcel No. 1000-75-4-28., 413,7,-, -hi�ight to_-�6ollar ti -"19�', j;,a median es,gs, B General Business. -The Board of Appeals will at the'� MEREDITH-P.��fe6t.; 1�i6peiiy: 365 &20 p.m. Appl. No. MAR- above time and place hear all persons' • quas i; 7ieguest;: ,or Cujth�og�& TIN- ROSEN. This is an,,Appeal or their representatives �&siring -to". �ejitsections. CO W&I No. 10004034-29' - - requesting a Reversal .' of the Building be heard of to 'submit writien-statt-', 4; 7e25 ' ; ` ` - N "" ;Ijased on the, RL�'? o. �48784' Department's Revocation of Permit menta (before the hearing is cbnclud- nt's'�-geptember.,','WILLIAM"'S.' REILLY Thi' -"i' This:.' is, a". No. 2654&Z dated August'14, 2000 ed). The hearing will not start earlier' �Vari ance under-Aitlicl', regarding a ham radio tower which than designated. Files are 'available' .D;kapproval-'to-.',''7-ie4iiest:fot' Ir Y-!-I.bidl&g "in a III,, S&ti6n,!.`:l90-33A; base&'�On, tilid" 'exists at 11780 Sound Avenue; for review during regularTown Hall ii6o.oiidgirage.'�,:',-,Building�,;Dep'4T-tgient'i Seoidn&r.' MatItituck, NY, Parcel No, -.1000-141- .*business hours (8-4 p.m.). If you have 3-44' Zone: LI Light Industrial. ,The questions, please do not hesitate to amil' nin 44 reas ons stated in the Disapproval are call (631) 765-1809. hall Las 50feet from Or'' follows: "Pursuant �,,,,to),Article Dated: September 25, 2000, :uue, "Fishers .� p lin 1�6 XXVIII, street cont- , " ' e4. �__catiow'- -Section 100-282B, The ' SOUTHOLD TOWN BOARD,' Building. Ins pector may,revoke a OF APPEA0,: r' ;tb4sJ4L a!snggqr building permit issued in error when GERARD On",Map, filed N6, 4000 -4-24" -.79 It should not have -been issued -in GOEHRINGER, CHAIRMAN ce '�'_4862--;-: y;,CIirk`s:Offi 00 p.mo accordanc with the application law. -1556-lT$28 __�Appl-``'No', u Subject property, in LI Zone, had a 'C sem ors.l: -4m LISTA�• W Baider-A -Ths- P re -existing nonconforming dwelling q fora request tog','a",,.V�a'n*"an'c'e'un�der�'Aftiele"�,� as principal use. This zuse 'was lost t. J, 1A �#W W" Ardcle'.. _qC 'MA dioii;!'10( 2 44, S6 e wilding MeAn V to, 'Tecate-;a:-proposed;„add itioni,to-,'thc �setbackat16fs�th;ih�35-f&'C�'- 0 �'o - opeitj�-'Z40M`;A' 'A iaim6n que:, h 4' ;Avenue aemii!'e” O'nm-ith'Orc '2T L i o 480 i' TANAS TEAT O ;-'Thislis a request fdr-'i Widybrdf Mer-ge"rr,underArtide Soc-tio'n--,IOCI'.'26"t'�bn'c'crning lots. Eastern Shores;-, :*,shown on the -M Section;V.1iled ih,tli�.Suffolk ibourity, O� :.Ivleigec,is based ej Wy2*8_,,20,00.". Building' Ipppfrient's'Notice ,of $% -, rDisdppr6val diterniinin4t ati-ttlid a6j� 025,:Eas-t-i5n "Sm JACOPO - §0,1 ;;shdwn,,ais�Ah'6 �46st6fi�.porti6a-of Coddty',Tax � -Lo_t,,',1000'33-2;-24zand t,4 egile IT orl-of 1000-, - .-C _,portt