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HomeMy WebLinkAboutTsatos, Theodora P��,f 1-1� "�.z IN S: DONALD J.WILCENSKI MEMBERS ����Vi�v� � � � P.O. Box 1179 �¢�°, Southold, NY 11971 PLANNING BOARD Chair OFFICE LOCATION: WILL J.CRENIERS Town Hall Annex PIERCE RAFFERTY S� 54375 State Route 25 JAMES H.RICH III � ► ''�,�,� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ���. � 6 Southold NY Telephone: 631 765-1938 www.southoldt ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: June 27, 2017 Re: Request for Comments for Theodora Tsatsos SCTM# 1000-33-2-24 ZBA#7076 The Planning Board has reviewed the project and does not support the variance as requested based upon the following: 1. The Planning Board does not support creating two,17,000 square foot non-conforming, sub-standard parcels in the Residential 40 (R-40) Zoning District. The proposed 17,000 square foot lot would be 57% smaller than the required minimum lot area of 40,000 square feet. 2. The proposed lots cannot meet the required 150 feet lot width and 175 feet lot depth minimum bulk schedule requirements and the applicant seeks a variance for 100 feet wide and 170 feet lot depth. 3. Increasing sanitary loads to the sole source aquifer have the capability of adversely impacting ground and surface waters. It is expected that groundwater flows from this area towards Long Island Sound due to the location. To substantiate this claim, in 2007 a Nelson, Pope and Voorhis report concluded that groundwater discharge is the most significant source of nitrogen to the Long Island Sound along the Suffolk County coastline. The Long Island Sound Theordora Tsatos Page 1 2 June 27, 2017 Comprehensive Conservation and Management Plan (2015) identifies issues affecting the waterbody (in part) as: • Low dissolved oxygen (DO); • Land use and development resulting in habitat loss and degradation of water quality. The Plan recognizes that extensive development and high population density results in a higher volume of sewage to septic systems, more polluted runoff from stormwater, and increased vehicle emissions that deposit air pollution into the Sound and onto its watershed area. Further the SUFFOLK COUNTY COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN (2105) identifies the density/nitrate relationship from existing and modelled data prompting a recommendation that Article 6 be modified to require one acre density in hydrogeologic zones IV and Vlll to protect surface water quality, unless provision is made for a higher level of treatment than is provided by a typical on-site wastewater treatment system, or, the development rights from existing undeveloped open space controlled by the developer are transferred, in accordance with standards adopted by the SCDHS in 1995. The subject property is located in Groundwater Management IV. The recommended minimum of one acre zoning in unsewered areas in Hydrogeologic Zones IV would reduce nitrogen loading to surface waters from groundwater baseflow (SCDH). Many other contaminants of potential concern leaching from on-site wastewater disposal would be mitigated from the one acre density (SCDH). Most of the surrounding lots are less than one acre in size in the area. Theordora Tsatos Page 3 June 27, 2017 i i i^ i Figure 1. Subject parcel. White square. It is the understanding of the Planning Board that in 1981 Suffolk County combined lots 133 and 134 of the approved subdivision Map of Eastern Shores Section V. Greenport into one parcel SCTM#1000-33-2-24. The Applicant has been receiving one tax bill for Lot 24 since that year. In 2000, the applicant made application to the Zoning Board of Appeals for a waiver of merger under application 4865 and was denied for the following reasons: a. A waiver would recognize a lot that is smaller than 50 percent in size of lots in the neighborhood. b. No evident or information was submitted by the applicant to show that the waiver will avoid an economic hardship. c. No evidence was submitted by the applicant to address the issue environmental impacts in a possible determination of potential effects of the standard necessary under Section 100-26A(4). The Planning Board does not support the variances. Thank you for this opportunity to provide comments, and please feel free to call this office with any questions. BOARD MEMBERS p so ►r Southold Town Hall Leslie Kanes Weisman,Chairperson y�� Hp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.GoehringerS Q Town Annex/First Floor,Capital One Bank George Horning t ySS 54375 Main Road(at Youngs Avenue) Kenneth Schneider ' row of Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631) 765-9064 MEMO E TO: Planning Board MAR 31 2017 FROM: Leslie K. Weisman, ZBA Chairperson Southold Tb'm Rlanrtirig Board DATE: March 31, 2017 SUBJECT: Request for Comments ZBA #7067 —Tsatos, Theordora The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # t ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED TSATOS, 33-2-24 #7067 8/3/17 280-18 3/30/17 John T. Theodora R40 Metzger Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. FORM NO. 3 y� D TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: March 22, 2017 TO: Patricia Moore(Tsatsos) 51020 Main Road Southold, NY 11971 Please take notice that your application dated March 17, 2017 For a permit for a subdivision at Location of property 1565 Greenhill Lane, Greenport, NY County Tax Map No. 1000- Section 33 Block 2 Lot 24 Is returned herewith and disapproved on the following grounds: The praposed subdivision,to create two lots in the Residential R-40 District, is not permitted pursuant to Article IV, Chapter 280-18, which states, No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule" Bulked schedule requires a minimum lot size of 40,000 square feet, a minimum lot width of 150 feet, and a minimum lot depth of 175 feet. Following the proposed subdivision, each loft will measure 17,000 square feet in total size with each having a lot width of 100 feet and a lot depth of 170 feet. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. G----\ --F--- ----------- Auth/ized��Sig ature Fee:$ Filed By:_ Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. rT -5`Strcet 62LBV#ILL Z/V., Hamlet �-i'� (?�!� 3yOD sF SCTM 1000 Section�Block�Lot(s) Lot Size f Zone r�0 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEDBASED ON SURVEY/SITE PLAN DATED Owner(s): S Mailing Address: 6,�3) We St tfr S AJ-e- [ PAOf 10 Telephone: 5-) -7 4, _—Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Pct/ytcck C. Irpore for(v-o-/Wner( )Other: Address: Sf OZ o /l-{a Ih Roe'd, 50wwo/c/ Ajy 6:3; �(03- J! r'v3!- 7(o J= ,S . ra m Telephone: 7 x,:30 Fax: Y&1/3 Email: 10(f171LY��&— /I.I DOYr 0H Please check to specify who you wish orrespondence to be mailed to,from names:( above naes: ( )Applicant/Owner(s), (WAuthorized Representative, ( )Other Name/Address below: WHEREB THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED AV-- c and DENIED AN APPLICATION DATED 3-117-L r7 FOR: (44nilding Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( ) Other:_ Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: 1/ Section: --AS' Subsection: Type of Appeal. An Appeal is made for: (v"AVariance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article 'Section ( )Reversal or Other A prior appeal( has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). wr Year(s). /� c7lJ (Please be sure to research before completing this question or call our officefor assistance a6trat Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific,additional sheets ntay be used with preparers signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: 3.The amount of relief requested is not substantial because: j 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 0-06-CL-C 5.Has the alleged difficulty been self-created? { }Yes,or{ }No Why: Are there any Covenants or Restrictions concerning this land? { }No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. - re of Applicant or Authorized Agent J (Agent must submit written Authorization from Owner) 5"o to befor me this 1 day of '20 J� y Iia lic BETSY A.PERKINS (Votary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun�y,� Commission Expires July 18, AREA VARIANCE REASONS FOR APPEAL: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: A prior application for a "waiver of merger" did not list the following facts. • The subject property is vacant and shown as Lots number 133 and 134 in the Map of Eastern Shores,Section V,Greenport,filed in the County of Suffolk Office of the County Clerk as Map No. 5234. • The developer and Planning Board created lots which were larger than the minimum required. In Residential A zoning the minimum lot width was 100 feet and the minimum lot size 12,500 sq.ft.; Lot 133 and Lot 134 are each 100' x 170'. Therefore the developer and Planning Board created "oversized"lots"at the time There were five sections of the Eastern Shores Subdivisions,pursuant to the Zoning code Section 100-112 the Eastern Shores Subdivision Sections I, II, III, IV, V were exempt from merger between 1973 until 1997. Since the parcels remained in the family until the Tsatsos death no one was aware of the window of oceportunity given until 1997 to preserve the separate buildable ri hts of each parcel. The applicant's father and mother purchased the two parcels from the original developer of Map of Eastern Shores,Section V. The subdivision was filed in December 1968 and the Tsatsos family purchased the lots in February 1969. Only two months after the subdivision was filed with the Suffolk County Clerk. • As was customary in 1969,which continues today if merger is not an issue,multiple parcels will be identified as lot numbers on a filed map or described parcels are listed on one deed. In fact the meets and bounds description describes the two parcels "along the division line". (See deed attached to application)There is no evidence that the owner's family either intended to merge the parcels or knew that they would merge the parcels. The benefits of multiple parcels on a deed were in obtaining title insurance,administrative costs,and recording fees. Even today,the cost to record one deed exceeds$500. Large farm parcels are often listed on one deed. This administrative and cost savings is not intended by an owner to"merge"parcels. • One of the below listed waiver of merger applications,#4604 approved 12/10/98 for Arthur Torrell, 365 Westwood Lane,Greenport 1000-33-2-10& 11 provided his deed to the Board granted from the same developer. His deed similarly had the lots on the filed map and parcel descriptions. • The lots were intended by the developer to be developed separately as can be seen from the Developer's C&R's which limits one dwelling per parcel. The C&R's were filed simultaneously with the deed(note consecutive recording information). Mr.And Mrs.Tsatsos were one of the first buyers from the developer. By 1969 the Zoning Ordinance had already been adopted and the Planning Board approved this subdivision with the park&playground area(beach&open space),utilities including underground water mains and drainage to be dedicated to the Town of Southold. These utilities were very expensive and very sought-after in the 1960's. • The assessors,not the County of Suffolk,merge parcels. Without giving notice to the individual property owners,in 1981 the Town automatically merged parcels which were either already getting one tax bill or were contiguous and in the same name. Moreover, the Health Department will recognize parcels which appear on filed subdivision maps. This major subdivision map received Health Department approval in 1969. These parcels can obtain sanitary approval,connection to public water,without difficulty. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because:A waiver of merger was sought in 2000 which the board denied. • The only alternative for the original owner's daughter is to seek area variances. Theodora Tsasos wishes to live in Southold with her minor daughter. The sale of one parcel will financially support her construction of her house. If the area variance is not granted then she can not afford to move to Southold and build a house. (3) The amount of relief requested is not substantial because: • The area variance is substantial when compared to the 40,000 lot size in R-40. However,Map of Eastern Shores,are comparable in size. The lot sizes required for the Eastern Shores subdivisions merely established a minimum lot with of 100 feet. The lots deviated slightly in depth depending on the layout of the subdivision lots and roads. The lot sizes of 12,500 were the average. The two subject lots are each 17,000 sq.ft.(73%larger than the minimum). These lots can not be compared to the 40,000 square foot requirement since the Five Sections of Eastern Shores Subdivision is the character of the neighborghood. The Zoning Board has granted waiver of merger applications in Eastern Shores developments. Attached to this appeal is an outline of the numerous waiver of merger applications approved in this community as well as area variances granted, prior to the waiver of merger law.(See attached Exhibit A_) • Other than the waterfront homes, the homes within this community are very nice middle class homes. They are not what is described as"McMansions"and the average 2,500 square foot home would fit reasonably and without variances on each parcel. A diagram is attached to this application where the applicable setbacks, as two parcels,would be conforming and provide a 3,400 sq.ft.footprint equaling a 20% maximum lot coverage.(See attached Exhibit_B—) (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: • Eastern Shores can be easily developed. There are no environmental or physical conditions which would prevent these lots from being developed. All the utilities are within this subdivision and two homes would maintain the character of the neighborhood. Combining the lots would allow for a large home, out of character to the neighbors. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. • The applicant's parents purchased the parcels and the Town of Southold,without notice,merged the parcels. The applicant is the daughter of the original purchasers from the developer. This application is made when a waiver of merger is denied. Are there Covenants and Restrictions concerning this land: copy of developer's C&R's Exhibit A Since the parcels in the Eastern Shores Subdivision were exempt from "merger" by former Town Code 100-112 there would be no application prior to 1997 for"waiver of merger" ; Area Variances for subdivision approval are shown below. Waiver of Mergers and Area Variances Eastern Shores Lots: Approved: Appeal #6229 11/13/08 Estate of Susan DeLeo 1000-33-2-27 & 28 (waiver) Approved: Appeal#6182 7/24/08 Arthur Torell 1000-33-2-10 & 11 (appeal) Area variance due to wetlands Approved: Appeal #4603 & 4604 9/24/98 Arthur Torell 1000-33-2-10 &11 (waiver & area variance for house) Approved : Appeal #5610 Arthur Torell 1000-33-2- 11 (setback varainces for house) Approved: Appeal#4999 12/13/01 Louis Adjemian 1000-33-3-23.2 (waiver) Approved: Appeal #6332 12/22/09 Joyce Orrigo 1000-40-2-11&12 (waiver) (Previous denial#5740 8/18/05) - law changed in 2009 Outside of Eastern Shores subdivisions: Approved:Area Variance:#3688 10/27/87 Anthony Pirrera 1000-40-1-20 (area variance & set-off subdivision) Approved: Area Variance#1104 5/29/67 Ernest Radford 1000-40-1-15,16,17,18,19 (area variance & subdivision) Approved: Area Variance#2803 5/14/81 Agnes Dunn 1000-40-3-9.1 & 9.2 (area variance and subdivision) II Amo Cd " n 0 3 O p m m ca 1"01 p o m` 4f 'd P w.c to d Yv p; ono • r` a �a a w to i � iL�l lasso 8 e 1qi CA n 7:57 O [-r V L i-Ar pj "r LmEP6513 Pw 373 and.. e,TOGZMM vftb�anjigK ale and if=y6 of the party of the first pad in and to any strew roads abaft the above described premises to the center lines thereof. TOGErHER with:the apparteninces and all the estate and rights of the party of the first Part in and to Zi aid;, X. TO HAVE AND TO HOLD the premises hercin granted unto the party Of the second part,the beim Or sucomors and amps of the party of the second past iorem. Pt 1. AND the party of the first part coia=ts that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except 23 aforesaid. AND the party of the first part,in compliance with Section 13 of the I:tcn Law,covenants that the party of the first part will receive the consideration for this conveyance and wilt hold the right to receive such consid- P exationtas a bust fund to be applied first for the purpose of paying the cost of the improvement and will apply L e for j the gamefirst to the payment of the cost of the improvement before using any part of the total of the sarn 1; my other pm: The word"party"shall be construed as if it read"parties!'whenever the sense of this indenture so requires. IN VAMMSWHERMFo the party of the first pad has duly executed this deed the day and year first above written — rN cc or:- H.J.S. Land & Development Corp. Sr" W.2a:iq� By 0 22oJ nArles W. Morgan* TWSUrer z UFA ���''�•,: 'i• y.,.jr y`r (`s: G' `:" C��*: ^r,•� ...a ,V ..�y� iL' .:r'• 'f `Y '� ' -.6513.PACE 372. c•. • .• .. ,. .. •'•L. .. .. �r;, air''. , ^'��r COVENANTS AND REMMONS • _' T '` EAST-ERN SHORES; INC. AT GREE MRT,•NEW YORK. I. That only ane single family dwelling house for residential purposCs.With At private garage attached f r' thereto for family use only,shall be built on these premises, No occupancy of any such dwelling house shall ' ',4 be permitted at the outside and the roof aba11 be fully and eampletely finished and painted. No trailer, Ienls ar camping shall be permitled, L That no building,structure or structures shalt be erected or maintained at a height in extras of two stories,and that all roofs aball be of the hip,gable or pitch roof type corratruttion.All buildings shall be erected on closed foundations of poured concrete or cement blacks,and no buildings on posts shall be permitted.Xo , flat roofs or lean-to roofs shall be permitted.There shalt be no outside storage of boats or commercial vehicles OR any lot, 3. to no w s !ao a elusive vE garage, 1 i �.j F�,f' $r ,}t ga ge,shall be erected an said premises which shall contain 'a less than square feet of living area on the ground floor. All Fours shall be of asbestos, cedar or composition shingle and no roof shall be laid down with rolled roofing.All plans and specfficat!ons c shall he subject to lite approval of the party of the first part,and in writing:Such approval aludl not be un• reasonably withheld, I ; 4. No trade, craft, business, manufacture, industry,commerce or profession (medical,dental and legal E fi professions permitted) including hotels, boarding and rooming houses,shall be conducted ca said premises. Y: � S. No nuisances nor noises of any kind, unwholesome and offensive to the neighborhood,shall be per- t' milted to exist on said premises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind he permitted to remain un said premises. No advertising signs,billboards or other sign devices shall be pct-milted on any of said lots,excepting a developer's sign of reasonable dimensions, or a "for sale"or"(or rent si5n not larger than 12 x 2•f , t G. Xo fowl, poultry, animals or livestock shall be kept on said premises except domestic household pets. ' Pets shall be limited in.number to two except by special permission of the grantor herein, j i. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appear- { I ante of the neighhorhood and with duc consideration for the aesthetic value thereof. i S. Tl:crc sIrail Ire no outside toilets or uulltouses erected upon said premises. Adequate septic tanks ' ; or ces.lrools shall lx erected anal maintaine<I on said premises for sewage disposal in conformity with the re- eairements of rite Suffolk Comity 1[ealth Department.All cesspools shall be located in the front yard area of each lot. (....• ,� 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 grading shall b'e com- pleted before occupancy. = .t— IL No fence shall be erected or maintained on any lot over four fret in height. Fences shall be picket, ranch type, privit or evergreen only. Xo fencing whatever shall be crcered or grown in that area of the front 't yard of cath plot =which is forward of a line established by extentling the front line of the house to each side- a line of the plot. On corner properties this restriction shall apply to the yard arra facing both sheets. 12, 1n title in and to the I'M of any,private road on said tract of land bordering said premises is herein conveyed 1*the granlce.The grantor retains the said title,and also the right to dedicate and convey the said r title to the Town of Southold,or to the %'illage of Greenport,or in its sole discretion,to convey said title to an association of owners of lots of said tract 13.The said covenants and resttietlons are hereby declared to he covenants and tcstrictions attached to and running with the land,and shall ccpire on January 1,1934,except that any or all of the above cove• I nants and restrictions may be madificd, altrred ar annulled as to the premises described ltcsria or as to any Other neighboring property now or formerly owned by the grantor at any lime by written agtrcmcne by and between the grantor,Its distributees or assigns,and the Ilan 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 shill be cl- ' Iectual to modify, alter or aunut such restrictlorm as to said Premises wilbotrt rooters!of the owner or owners ar any adjacent premises or any other neighboring premises,now is formert owned t br oAter party or mortgagee holding any interest in the said premises. y y t Marr ar of any i I • I saaJ.•„y�"}:•aY,a.,gaw. .�}.:1”�d•.s�srta<::'F•:.•�s;:Ler,._{Rt:..a..iFt: +N,marxz�.r-`r�.,.,;,..,..r.r-,•�_f•..r:,..•r..,t'-�x:�-!_ '�Y .-- � ..�: �:,�r•.f�'�. �',.r:,:._ -firkQ✓ , " 1•' • - "lr•,' :1.!♦,1 i• � y�f >r Y••.JI•r. . • ' ••+��r ��Srr :•+.iris,i.• �_n u .. s�`�.•�_:, � ..♦_ -r.••y.r• rF.J.;.��• _: t=�fiy, v''�,Fyiiir•�;'�F��:+ r••i•;f !.'•'s•• ? •ti'. . c= r �; ' r ` YORe.couttr►oto• =u1 irAti Of NEW roller,eorimr or- ... •r ss1 :,• • V on the day of 19. ,before me On the dg of-. ''a 19,'r ,before me �� t ,I�•'d. • _ !^' ycme .. • ..•• �r•i_ �.+5•.Y.w •Fi•• •_ d.. ! JJ ,•1�•J to me kamm to be.the 6&Mml. deser7•bed in and who to me kmwn to be the bdi►idnal desenW in and who executed the Iiastc�and sclmowl0dged that wed the iaftrommt,sod admoxledged tint o=ted same. t the acme `% sd% WRI { STATE of New YoW Coumv-OF Suffolk SSt STATE OP NEW YORK,CpftNTT OP 3S: ' tan the 28th day of February Z969.before we on the dry oI 19 .beton me per=ay c= Charles W. Morgan gersomatly na7e to me kwwa,wlxo bring by,me duly sworn,did depose mW the suhsaiinaog wilnm to the foregoing instrlmmt,with sa l�ers7ideaatsNn[ Jackson Street [no whom I am petaoualiy ted,who,hrg by me duly �It aeT J, New Suffolk. New York 11 SO ,�,,did depcwe and I= he rnidFa at Na that he is the Treaeurer } of H.J.S. Lan13 & Develozaaent-Cor � that hekoowa be d in and whish exmrtforegoing the foregointiseat•that he to be the individual kwws the seal of said corporation; that the Aea1 awed desedbed in and who exeeubed the foregoing imo mltnt; I to said instr=ent is each wrpeate sal; that it was so that he, Bald anbscruaff witness, wag p[esrnd and sear affixed by order of the board of directors o€said oarpors- rxetute the same and that he,said wimcss, Tian,and tbar lie segued h name thtreta by h7ce order, at the same time sobseibed h name as•wltow thereto aa.P - d�tSY y`-•s-R..r+- r �3uc�uln Fltl�l �►IiIP �1'P� ,_ -r. ClI: •'H=^7o T1rrc r��•t1• , , . 1Y1711 CMLYANT AcAusn Gu rroRS ACn sEcrtow 5, Map of Eastern Shores TITLE NO. 1j j-S _�, L.+:e- %r� BLOCK at Greenport H.J.S. Land & Development Corp*. LO'GNo. 133 and 134 • TO Countof ofSSuffolk, Tanas Tsatsos and Sma Tsatsos, Remtded at Requca or his wife, How Tres D"wom _ CHICAGO TITLE INSURANCE COMPANY STAUM FOS OF RE TIRR NU Of TIME iURWIFEM Rnum b7 Mail to Di1lribuled by H01#X=_WXWX.z DRVEC1OI�T Mrs. Yorka Condeles Linakis CNICAGO,Y,x%%M Attorney at Law INS171 "CZ COMPAAtY 1 88-12 161st Street Jamaica, New York zip Na 11432 r ♦.• W ra W Q • C Q _ � f • r` to O J N th t3 _ MAR 4 1969 W r1. Na M LESTtR M.ALBERTSM N ark of Suffolk County :t .S `ry'i-";WSJ�r:S:_ .. -_ ... . • •�•:, _ 1. L:'� �• �D'• •� APPLICANT'S PROJECT DESCRIPTION APPLICANT: DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: /-)On' — Ae /,---3a ctfa /51/ II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 111a e, Dimensions of new second floor: _ Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: . III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: —� Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: L&" "- Sal r.vfs %x' z 'fpS' s1a8 d 1 — VI. Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject remises listed on the real estate market for sale? Yes VNo B. Are there any proposals to change or alter land contours? VNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?� Alo 2.)Are those areas shown on the survey submitted with this application? LWA 3.) Is the property bulk headed between the wetlands area and the upland building area? AI/A 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? AILA Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 1V d E. Are there any.patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your Ale)e) If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?_10 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel leu(_wtt_ and the proposed use Vele V-0 lens 0h e, h/Pc l yI24W- . (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: / 5 k-n Z�V 4 3. Name of Land Owner(if other than Applicant): S�m� 4. Address of Land Owner: 5. Description of Proposed Project: •-, �, .�i vL I Xter- aq, 5-f 1.5 /'' SG arms 42-z d-n 6. Location of Property: (road and Tax ma number) s r7 ///�/ cer1e, 4 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes {►' o 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. _ 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant 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. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or finding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Infor�7mation Name of Action or Project: 1�e_e$fah/ski /ifs car c Ped lay- Alea Valualow Project Location(describe,and attach a location map): Brief Description of Proposed Action: J5 / 114c o/' rs .� �h a res 1 l cert-� `r � � � ,l ev""� IVIGAVs SCCA V "Oki Me-117 g Dari) V/7 IfF Name of Applicant or Sponsorr:� Telephone: 1-1?1 - ��- Ly 3 3� ��-Iz'«a E-Mail: e/)vto/le 6-1 4400/Y'a Address: City/PO: scum o�� stat Y?7 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Z 3.a.Total acreage of the site of the proposed action? aeres v b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 5� 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial &'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? Pre eliotj, 4 `fi t �5 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ✓ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ✓ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: .//A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:_ A'/,' 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbod 9 If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the�pr�o1'ect site. Check all that apply: ❑ Shoreline 11 Forest ❑Agricultural/grasslands B'Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 174 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO ES If Yes, �� a.Will storm water discharges flow to adjacent properties? t�NO❑YES b.Will storm water discharges be directed to established conveyance systems(ru`nand storm drains)? t/a If Yes,briefly describe: 91 NO❑YES can�f �_ s / 7—C=• 6vZ6/ !L Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE App]'scantrspo arne: -,-C--e< y Date- all ate: /2 7 Signature• Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 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: TSATSOS,THEODORA. AND MOORE,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 X Special Exception _ If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this V 5 day of 5i�=,nali�re: The d ra Tsatsos Patricia C.Moore r Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) I, THEODORA TSATSOS residing at 6331 West Estes Ave., Chicago IL 60646,hereby authorize my attorney,Patricia C.Moore,to act as our agent and appear on my behalf before the Southold Zoning Board of Appeals regarding property known as 1565 Greenhill Lane, Greenport (sctm: 1000-33-2-24) owner's signature AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. f �/ YOUR NAME : rf u 1� l, 6-0are (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.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) _ Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the to o er or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person - Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this oda 20_ Signature - - Print Name P,e k,(ce ci C6�OIJ� Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# Z f Cl?/7c/ /i� The Application has been submitted to(check appropriate response).( �y�/ �� Town Board El Planning Dept. LJ . Building Dept. LJ Board of Trustees ►2G ,�-,pb1(Vt 616n 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital I I construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license, certification: Nature and extent of action: /�/(.e✓�G/'' �Ll� �j'C.11Yf��'c5 /�I-D/" �ifN�.N�C Q'C�7� `f£1C1� A0 Location of action: Site acreage: 0 00 j�• i o� �c / DOO 5 G�� Present land use: VQ e_Cyt Present zoning classification: O 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided:ed7 -�— (a) Name of applicant: / /7eac�cg 7,kvS (b) Mailing address: 2�. V46 (c) Telephone number: Area Code (d) Application number, if any: Will the action be }edirectly undertaken,require funding, or approval by a state or federal agency? Yes El No 1� diIf yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. IE/yes [:] No [:] Not Applicable V V, dWtm � Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No ENot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria I I Yes t!,.1 No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 11 No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria E Yes 0 No u Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation c itcria. Q Yes 0 No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Q Yes H No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. as D Yes EI No [H/Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 0 YeD No[i] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. H Yes EI No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. El Yes 1:1 No u Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ZNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pa s 65 through 68 for evaluation criteria. Yes ❑ No ! 1 Not Applicable Created on 512510511:20 AM i a L a� • i fl 'fir ''� •.� -- • [ lf, ■ ¢l j '•. f• � _��� {yj .. P • • un • y i „11 � • �► • �� � � • i�• _ ,Yrs r • F T �f 7f _ IF. +}� �. Y T � 4 �v rd yy M r Ilk- �qo IN o } °�� c• i» . of '•�- �. ��� � }i:»!� l�.'�-+�" » SURVEY `OF PROPERTY A T GREENPOR T TOWN_ OF S 0 UTHOLD SUFFOLK COUNTY, NEW YORK 1000-33-02-24 SCALE: 1 '=40' v% Sept_ 24, 1999 IoW �6 M � - J v0. �o pie z. METS .� S. LIC. NO. 49618 RATION OR ADDITION TO THIS SURVEY IS A VIOLATION P P.C- ON 7209 OF THE NEW YORK STATE EDUCATION LAW. 4S PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS (516 G ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. 0. BO ' OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 199 -2 9 0 IGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 a, Ol o m z ,� ti ce in � m � Q •b JCL w ro oZ Q 'o U U w w D w gLL W OD w y ' w' D. h � d LL OLU �' v 4,4,•cr • cn LU ` vil 1IND' ' a' a p mr v.. APPEALS BOARD MEMBERS SYFol/r Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman P.O. Box 1179 James Dinizio,Jr. C 0-1 ►* Southold,New York 11971 Lora S. Collinses Lydia A.To ! ZBA Fax(631)765-9064 '� George Horning �1 Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 26, 2000 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. IMPROVED LOTS COMPRISING NEIGHBORHOOD FROM SOUND DRIVE SOUTH TO NORTH ROAD AND WESTWOOD LANE TO THE WEST AND MCCANN LANE TO THE EAST Tax Map No. Acreage Tax Map No. Acreage Tax Map No. Acreage 33-2-2 0.56 33-2-40 0.44 33-3-19.20 0.71 33-2-3 0.43 33-2-41 0.44 33-3-19.21 0.55 33-2-5 0.45 33-2-42 0.44 33-3-19.23 0.67 33-2-6 0.43 33-2-43 0.44 33-3-20 0.51 33-2-7 0.41 33-2-44 0.44 33-3- 23.3 0.40 33-2-8 0.40 33-2-45 0.44 33-3-24 0.40 33-2-12 0.46 33-2-47 0.44 33-3-25 0.40 33-2-13 0.46 33-3-1 0.37 33-3-26 0.40 33-2-14 0.46 33-3-3 0.44 33-3-27 0.40 33-2-16 0.34 33-3-5 0.40 33-3-28 0.40 33-2-18 0.45 33-3-6 0.41 33-3-29 0.40 33-2-19 0.50 33-3-7 0.43 33-3-31 0.44 33-2-20 0.47 33-3-9 0.44 33-3- 32 0.44 33-2-21 0.50 33-3-11 0.62 33-3-33 0.44 33-2-22 0.32 33-3-12 0.54 33-3-34 0.44 33-2-23 0.35 33-3-13 0.51 33-3- 35 0.41 33-2-25 0.45 33-3-14 0.58 33-3-36 0.25 33-2-28 0.47 33-3-19.6 0.55 33-3-37 0.25 33-2-29 0.36 33-3-19.10 0.69 33-3-39.1 0.43 33-2-30 0.38 33-3-19.11 0.67 33-3-40.2 0.39 33-2-32 0.38 33-3-19.12 0.72 33-3-40.3 0.40 33-2-33 0.35 33-3-19.13 0.58 33-3-15 0.25 33-2-35 0.37 33-3-19.14 0.62 33-3-16 0.12 33-2-37 0.62 33-3-19.16 0.62 33-3-17 0.75 33-2-38 0.44 33-3-19.17 0.62 33-2-39 0.41 33-3-19.18 0.64 R NW x sti TB7 �MP.PoV�D �!JT Z$A 0 6229(WV1 VrER) oo�° ! ,� FOR PCL.NO. I S �'' SEE SEC.NO. -..�""•' —».�... 035.01.024 TOWN OF .k`4 SOUTHOLD 49 e^ IAI 441 1p M 0. ■ �� '91A g ;�r R ❑I a f1p ��° J' 3 r. > ��;; y Oss ,�v a ��4,,�•R eg � � CJ,Q��•�` I . {` Of ;ITYr,. �j �4 C~•.�] ,,yy�p 6t¢ .�V, y0 4� "• I"n] i�, Ry Q �� L T s g', '�4;'.aP Ta � p^' by � 9 5 n' 9 N ❑ f r r $ AO aP y's 4 `! y"rN `�y Pr4 � ,� �a t� ,� �qq� ;y � 5 'g 71•. �t �� ryA rry,p •,y `�y � 4.A J(• {,IrI 8 iy viol ,r• ,0 TL ':r y y�' ,� y l� `i4 �6 y LM _ �t A°+` T� ?�y t�k R4 � �. Q � Iia• �n�t ��I 'nFk6F+ .�� I •. „ v,. ,.g, F+� iy�, �12$1 A6 ./' , � P�' b � R. 5'1 � -~ b •'f�- y�^�p` .', Z6 prs iP' � $p �{ I�. ,n rr yA rNqry y6 M' 't 3 ❑ J c 1 \' 1 1 ' rT 5 & 9 d TONNOF t, JI,s�" �'�•�1 �'' ra ,`�yA�' II,I a 11 e �: sourxOln �,y�? t ^! _f g] P` n. "r r r •� c tQ1y 1� ;F•3° Zo- 5N ' t AO d+c Q 51 3f :4nr Ru P4 'tlk 't�r� trvl s 1n.•r4 N� $ nw < nn t q`•. ;}> 1;�¢, 4 t,BPIE} y 4. i iY. " r ��...,.�' _ ldlFS`c' TOM �I.r. L� PONS z R sqyq t i 61 '` w saIm oLo a 1 $ ' ` 14 r � �r �, �,I � p,y I `F ` - sy 471 c5 y1-yh �yE'} taAl e G p,I E Ilry` 5 � � � a _Mry� I i•] Ate il.\�/ P"I]�.'•' yO�M_ ] r3 L,']. ,A 4 rIRI • � i,h;, ?• � F tg :. `4�y,.O4 8�" ti� t^ '1"y g n ty p wi it'll 4 �{ Im ^� • P,f v? a I g�`i ' L" Ov "° `:, m 9 th r J- �Ia7 � ta,Rl 2�1 a 'fj .,v� tE ":SA: II=N A$ sial 3m` 9y 3`Y tis ti M _ND Nva ,� . � 1ss ,�� �. �� '��' d�• �3 n R LINE nR 1 des' xa] NOTICE om�,`31 COUNTY OF SUFFOLK © E 130 E'u¢ TOWN OF SOUTHOLD SECTION NO MMNTENANCE.ALTERATION.SALE OR Real Property Tax Service Agency Y 135 DISTRIB{/TION OFANY PORTION OF THE VILLAGE OF County C¢nl¢r RIV¢rAan 033 r . NY11901 ¢]3 + BUFF OLKCOUNTY TAK IMP IS IROHIBITED nCM,E NI fEEP. m--OMVNUTIiN PBRMIEEION OF THE �y1 • P . 03 OIBTEICI NO 1000 PPtOPEATY MhP Theodora Tsatsos 6331 Wes Estes Avenue Chicago, IL 60646 Southold Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,NY 11971 July 15,2016 RE: Lot Waiver 1565 Green Hill Lane Dear Board Members, In 1969, my parents, Tanas and Sma Tsatsos, purchased two lots which were located at the current address of 1565 Green Hill Lane. They wished to deed the lots to me, their daughter. moved to Chicago in the 1980's for school. When my father developed Alzheimer's, my parents moved to Chicago so we could care for them. My father was not aware of very much, and as a result, the lot merger was not realized until the lots were deeded to their children. I am a divorced older parent with a young daughter, and I am struggling financially in Chicago. My ex-husband, has not paid child support for approximately 10 years, and is in arrears of over $100,000 and climbing. I left a good municipal job 8 years ago in order to be a present (and only) parent for my daughter. Her father lives in a different state, evades child support and is not involved in her life at all. 1 also manage the care for my 93 year old mother, who is on oxygen and in a wheelchair. It is traditional, in Greek families, for the daughter to be the caregiver. I have had great hardship with trying to raise my child without assistance. I am doing my best to provide a quality oflife for her, but I am experiencing serious shortfalls. I need your support for the lot waiver, so that I may utilize the maximum of what my parents wanted for me and their grandchild, my daughter. I will maintain one lot, and the other will be for my daughter. Your support is genuinely needed for our difficult financial situation. Most Sincerely, Theodora Tsatsos N N, �3.rf S , :3 FOR PCL.NO. ••-• SEE 6'r: fr--..�[7•.�A�'•.ter..- -� �am_.•. e S1EC24NO. 1$IIf , TOWN OF05 m tih SOUTHOLD 1 351 � 0 y~/`a� A • 5.5.3 J AA(cl 4) . w a 1� z.3AIc1 t ca©UND � _`Q u ` 4 Imo' sa , �LqqS I5 n rr a.�p �.s �,� ,yq C y9 4�•,. �' e9 ._�".• ��, 40 tg� 5�� - Al $.'�a� � 9ry � �g� t � PP' '�•• '+ t1en 54�!S` � ¢' 8 e+' '� m.#s� .,fir � 'n � i& Y• j ' E°KI Yg1 t• til rN 1A '� Cn y0 9 � �,.+ r/ 0. ti1V �• �' aW Fn � ■ y `tR '"` "k 01 k 5$• y7• 4w' 6N l in4 Nt Q ` �j y3 •�h51, P � a1, 1 da t � f�� Cp •�, inn . ° �, �'iwl .ury ,� �, � � ty � � A t40 ze �y . !,q '., Y9• tin i 59 - TOYMOF '�CtiO •I .rV Mel Yg $ SOUTHOLD 1 I+N 910 ��! � Y {� 7 On 1 IM Pel 4 rF p all 4y $ Bm aw 11 Y9•�INI ' ,.Y d' nnY• % a rim till x,85 V, 1.1 ii^11 i.1Mc1 Inl .� �1 Q l++al �• G l4fl 1M1 P 11 1320 IRrI IP o to h ° SDUrN F i. S 4 nn $ nwI 1 g MQ S'Y 1"'1 ' �y1 RA 5i.SAIG] y an X16 ,ra L J -^' „Pct Ks •'� G' jlry Irl F Irr9 tIL 0 i9 w!�' Imif h. 4 r-1 ma � � n+45 w,l� r¢ t nen �.5i� p$.. r �• q.Y 10 ria m 4 i 3 •tiyy"" ��'�' avv }10. t '� +1;6 G N, N-.A3 nn + •� 1y k In y 0 p1° 51 tl1 an cn1, hg ,tyS" 1 M 3A' 't .dI F9 IN•I Y7$y , INS PI. NOTICE �Gvyf COUNTY OF SUFFOLK © K TOWN OF SOUTHOLD SECTION NO NWNTDISTRI UTI NOTEMTIDN, H.1TI _ y Real Property Tax Service Agency v 10 oat ^- DISTRIBUTION FAr1Y PORTION OF THE r ` �i1^`i.r VLLAGE Y SUFFMKGOUNTY TAX MAP IS PROHIBITED r" County Center Rlveneae,N Y 11SD1 U7e _� wnraurwllr x � ---ter, acAae ry Fir M _ APPIEALS BOARD MEMBERS 00, Southold Town Hall Gerard R Goehringer, Chairman y 53095 Main Road James Dinizio,Jr. C2 P.O. Box 1179 Lydia A.Tortora p Southold, New York 11971 Lora S. Collins 'f ! ZBA Fax(631)765-9064 George Horning �1 J6 `� Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 5, 2000 Appl. No. 4849—TANAS TSATSOS 1000-38-3-9.2 (merged with adjoining 9.3) STREET & LOCALITY: 850 East Gillette Drive, East Marion DATE OF PUBLIC HEARING: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a vacant lot shown on the Map of Marion Manor filed in the Suffolk County Clerk's Office as Map No. 2038, Lot No. 49. The lot waiver request is for a lot of 14,810 sq. ft. This lot has a 100 ft. of road frontage. The adjoining lot, CTM #9,3; Lot#49 on the Marion Manor Map is 15,067 +- sq. ft. and 100 ft. of frontage along both Gillette Drive and East Gillette Drive, East Marion. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Inspector's July 12, 2000 Notice of Disapproval stating that lot 9.2 and 9.3 merged under Article II, Section 100-25A. RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge CTM Lot 9.2 from CTM No. 9,3. REASONS FOR BOARD ACTION, DESCRIBED BELOW:_ Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The history of the property is as follows: a) On March 18, 1958 the Map of Marion Manor was filed with the Suffolk County Clerk as Map No. 2038. The subject property is shown on this map as lots 50 and 49. b) The subject property (Subdivision Lots 50 and 49) is shown on the former County Tax Map dating from 1973 to 1996) as one lot on the Suffolk County Tax Maps, referred to as 9.1, c) During 1996, the County re-identified the property into two lot numbers, 9,2 and 9.3 (removing 9.1) d) Under the provisions of Section 100-25, the subdivision Map of Marion Manor was shown on the exception list of subdivisions of former Code Section 100-12 of the Zoning Code until December 31, 1996. e) The property remains as deeded in 1973 without change in description, ownership or lot numbers. 2. The merger statute, Code Section 100-25, was enacted in November 1995 but relates to common ownership at any time after July 1, 1983, and after January 1, 1997 for lots on Excepted Subdivisions of former Code Section 100-12. Page 2—October 5, 2000 Appl. No. 4849—T. Tsatsos 1000-38-3-9.2 (and 9.3) at East Marion 3. Waiver of merger will allow for construction of one single-family residence, which will not result in a significant increase in the density of the neighborhood. 4. Waiver will recognize a lot that is reasonably consistent with others in the area. The lots are each of a size consistent with the Marion Manor development. In fact there other lots in the vicinity of these lots that are smaller in size. 5. No evidence was introduced to indicate that construction on lot 9.2 or 9.3 will have a detrimental effect on environmental or flood areas. 6. Waiver of the merger will recognize the original lot lines set forth on the Marion Manor Subdivision map. 7. The owners and Board understand that any future construction will be subject to reviews by other appropriate agencies. 8. The contours of the property will not be substantially altered. 9. No evidence has been submitted to suggest that land contours would be substantially altered. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Homing, it was RESOLVED, to GRANT the Lot Waiver, unmerging County Tax Map Lots 9.2 and 9.3 as applied for. VOTE OF THE BOARD: AYES: Members Goehringer C an), Dinizio, and Horning. NAYS: Members Tortora and Member Collins) for teasat Is to II in size. This Resolution was duly adopted (3- GERARD P. GOEHRINGEN, CHAIRMAN RECEIVED AND FILED BY THE SOUTHUD TOW14 CLF,r&, b AM 10 131�j HOUR `b sLU J ' 33 2 ECS 'i� �T �✓i9/✓E.2- C. ATd � S'cr�l�, /���'— A 9�3of9g ge-T6ACRI VAPa4NG- .-OA X-0 7 ��NG C ,��Jl . A' .f T 3I i. TORELL,ARTHUR 33-2-11 5610 GG NEW HOUSE—REAR YARD SETBACK 365 WESTWOOD LANE GREENPORT E� x i' e APPEALS BOARD MEMBER V1f SUFI Mailing Address: Gerard P. Goehringer,Chairman p� y� Southold Town Hall 53095 Main Road•P.O.Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. SimonO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �fIN4'[,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF AUGUST 7, 2008 ZBA#6182 -ARTHUR R. TORELL,Applicant PROPERTY LOCATION: 365 Westwood Lane, Greenport CTM 33-2-11 and 33-2-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's lands are shown as Lots 68 and 67 on the Map of Eastern Shores, Section 2, filed on August 10, 1965 as Map No. 4426 in the Suffolk County Clerk's Office. The property is adjacent to Homestead Acres, and has frontage along the westerly side of Westwood Lane of 106 feet for the northerly lot and 119 feet for the southerly lot (ref. April 30, 2008 survey map prepared by John T Metzger, licensed land surveyor). _BASIS OF APPLICATION: This application is based on the Building Inspector's amended May 21, 2008 Notice of Disapproval, citing Zoning Code Sections 280-18 (Bulk Lot Area Schedule) and 280-124(Setback Schedule) concerning: (1) a proposed lot area with a new nonconformity of 19,028 square feet in size, instead of 21,458 square feet, resulting in the remaining lot which will become more conforming at 27,186 square feet instead of 24,756 square feet; (2) a proposed single-family dwelling at less than 40 feet from the rear lot line. LWRP CODE CH. 268 DETERMINATION: A Letter from the Town LWRP Coordinator submitted to the Board of Appeals on July 23, 2008 confirming inconsistency under Chapter 268-3-F, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The LWRP review notes that SCTM # 33-2-11 contains a portion of shrub swamp freshwater wetland system (SO-9) listed by the New York State Department of Environmental Conservation and the Town of Southold (regulated as a natural Page 2—August 7,2008 • • ZBA# 6182—Arthur R.Torell CTM 33-2-11 and 10 feature under Town Code Chapters 275 and 280). Under LWRP Policy 6 (6.3), the setback from the proposed residence to the freshwater wetland is noted as 35 feet and to the driveway 39 feet, where the minimum setbacks of 100 feet apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees. The applicant submitted to the Board of Appeals copies of a NYS DEC Permit DEC#1-4738-00755/00003 issued November 10, 2005 under the Environmental Conservation Law, Article 24 (Freshwater Wetlands) for a single-family dwelling, driveway and sanitary system and signed Declaration of Covenants and Restrictions declaring limits of clearing, grading and ground disturbance areas to meet this agency requirements, in addition to a Declaration of Covenants and Restrictions for the Suffolk County Health Department pertaining to the Sanitary Code. The property is adjacent to 2.7 acres of open space land shown on the subdivision map of Homestead Acres approved April 30, 1986 by the Town of Southold. The area variances for rear yard setback for the new dwelling and lot size changes are necessary in order to meet other agency regulations, by locating the proposed leaching field away from the wetlands which run diagonally across the southern side of the subject property. To further Policy 5, the Board requires a 25-foot wide non-disturbance vegetated buffer area from the wetland line landward for a distance of 25 feet. This buffer is intended to preserve the existing trees and natural growth to protect the water quality of the wetland and provide critical habitat. (See condition with Board Resolution, infra). In addition, the applicant has agreed to install two drywells on the site to capture roof runoff as well as runoff that may be created during activities related to construction of the new dwelling. The applicant has followed all procedures to obtain permits from required agencies under the wetland ordinances and other pertinent codes, and the applicant agrees to file all Declaration of Covenants and Restrictions applicable to these agency determinations, including but not limited to the establishment of a non-disturbance natural vegetation buffer from the"limits of clearing line" as depicted. In considering the above, the Board determines that the application to be consistent, to the greatest reasonable degree of conformity under the Town of Southold LWRP and Zoning Codes. RELIEF REQUESTED: The applicant proposes to: 1. change the lot line, resulting in an increase of the subject lot 67 (SCTM# 33- 2-3) to 27,186 square feet in total area from the current 24,756 square feet, thereby making it more conforming in the R-40 District, and a reduction of the total area of lot 68 (SCTM # 33-2-10) from 21,458 square feet to 19,028 square feet, thereby making it more non-conforming, and Page 3—August 7,2008 • • ZBA# 6182—Arthur R.Torell CTM 33-2-11 and 10 2. construct a new dwelling with a proposed rear yard setback of 20 feet, while the code requires a minimum rear yard setback of 40 feet. ADDITIONAL INFORMATION: The proposed lot line change will also require approval from the Southold Town Planning Board. The ZBA granted the applicant a variance on December 10, 1998 (Appeal No. 4604) for a reduction in a side yard setback from the 15 ft. code requirement to 10 feet, noting that the slope and wetlands on the subject property constrain the applicant's ability to build a house on the lot. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed modestly sized dwelling and the size of the proposed building lots are similar to other houses and lots in the Eastern Shores Development, which is now virtually built out. The proposed house will be setback +l- 120 feet from Westwood Lane. Building lot 67 (the subject property) is bordered on two sides by designated green space and on one side by undeveloped property. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the wetlands on the subject property create significant restrictions on the size of a dwelling and where a dwelling and sanitary system can be located.. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial with regard to the lot line change since both lots are currently and will continue to be similar in size to others in the neighborhood, and is substantial in terms of the proposed 20 ft. rear yard setback for a new dwelling which is a 50% variance from the code required 40 ft. rear yard setback. 4. Town Law §267-b(3)(b)(6). The difficulty has not been self-created but is the result of requirements from the NYSDEC, SCHD and Town Trustees to move the proposed leaching field and dwelling to 35 feet and 40 feet from the flagged wetlands on the subject property, thereby necessitating a lot line change with the adjacent lot to the north which is also owned by the applicant, and a rear yard setback variance in order to locate the proposed leaching field away from the wetlands which run diagonally across the southern side of the subject property. 5. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has followed all procedures to obtain permits from required agencies under the wetland ordinances Page 4—August 7,2008 • ZBA# 6182—Arthur R.Torell CTM 33-2-11 and 10 and other pertinent codes. Two drywells are proposed on the site to capture roof runoff. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change and new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, and shown on the survey by Peconic Surveyors dated April 30, 2008, subject to the following Conditions: a. The use of synthetic herbicides, pesticides and fertilizers is prohibited. b. The Declarant covenants that a 25-foot wide Non-Disturbance, vegetated buffer area shall be established from the wetland line landward for a distance of 25 on SCTM# 33.-2-11. It is hereby understood that the 25 foot Non Disturbance, vegetated buffer is intended to preserve the existing trees and natural growth to protect the water quality of the wetland and, provide critical habitat. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the Non Disturbance, vegetated buffer area may be supplemented with additional native vegetation subject to review and approval of Southold Town Trustees." That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 5—August 7,2008 ZBA# 6182—Arthur R.Torell CTM 33-2.11 and 10 Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Simon and Weisman. Members Dinizio and Goehringer (Chairman) were absent. This Resolution was duly adopted(3-0). o� Ruth D. Oliva, Vice Chairwoman 8/ C /2008 Approved for Filing dmk Ion fvmgar wflh AlSTANDARDS FOR APPROVAL AW C0NSTI?11Cr10N OF SOSURFACE SEWAGE NYSOEC#1-4738-00755100003 DISPOSAL SYSTEMS FOR 51W"FAMILY RESh1ENCES and ws ebfk br the con0loos sol forth Marsh and on the r permll to coashacf. SITE KEY MAP t (��-A 0 vo 0 r q ;,1 - 0 O Vol P I _ 0 w cfl r f g. � Y/,P v o r p2'�A g cf ci r/ g E 6g 35 ,.,�+ of i5' �• 40 1` o h�d TEST BORING by McDonald „itt - - 0 Geascfence � ! 1 01.ork Brom Looms ilf, 4 1g6 s4• rCLnsand�oar :N � 1f / .�•`Ll� o o Y v I 3 Brown carer smamoi.. _ yam✓ �,P� 5 wim Heavy Gravel �,1 SC 7' Pole Brawn faro P r �C L O, r to Coarse Sand i a T C,Owl Wafer a Pate T N , C9roSoww'mse SmOa ' � y0 o r rs• � i ��11 p L�_Yt] � f"� 0 5• 4�'; The locations of wells and cesspools D -THE EDGE OF 6 f ♦0 shown hereon are from held observations THE NYS FRESHWATER WETLAAV As, 0 0 � Y uw and or from data obla/aed from others. DEL AFATED ecLAom) By R.MARSH FINAL MAP AND r.KOZLOWSKI ON 1113104. O,p REVIEWED 6Y ZB NOTE' x' LOT NUMBERS REEFER TO MAP OF we'lacibms I[ EASTERN SHORES-SECTION 2- DATED. o�''�„y t�� FILED IN THE SUFFOLK COUNTY CLERKS OFFICE AS MAP N0. +¢426 MAP OF PROPERTIE AT GREENPORT AREA NEW Or -27,186 s.f. TOWN OF SOUTH�OLD AREA PROPOSED.DWELLIOIIIG L SUFFOLK COUNTY N.Y OWNERS 1810•s.f. •1000 - 33 - 02 - ib&11 ARTHUR TORELL 1810 /r9156'- 9 96 COVERAGE, 377 THOMAS PLACE' SCALE ierr 40 WYCKOFF, NA 07481 : PROVIDE 2- 610 x 4'DEEP D17YWELLS MAY 7, 1998 'TO CONTAIN ROOF RUNOFF NOV 10 1996(addlllcn J APRIL.YO, 2003 I reWlslon 1 AUG. 20,2003 1 revlslon prop, hse. 1 (k&67,.2003(B3 0. ..) Ocl. 2; 2003(FIA YBALE' Wblgr# 1 ZONING DISTRICT: R40 c p FEB 1 0.B1 3R 4� TL TOTAL AREA=46,214 sq. ft. Ocf. 4,POPS feoremya. NO.4.9618 APkY.x 2008 eeH+ -9 or 1.0609 sC, uac aq eooe a$lw , pE S C FIVE EASTERN TOWNS TOPOGRAPHICRE MAP�N.C.V.D.1 P2 O 4� 5-1797 Sour , �. K'a -71 f • ✓\ e s 'SL l� o • a i W h �, ;:� •4. ti � c. Q: IL r W.I , Z V � 2J �{ 4jk to W 2 fu ID 7 � 3 E y'� `�i• �� 'i '1. y�I ��.rru ;999n u .! +� i u � 0 �, .rc,� �aP+sdo/sa.�p• • qty, � ''�-- �:: s !! 14 x`�r `a� ,• ��$�nrs •sxrs,c.r. �� ^� �a � � �' Rf� :� �f ��.r� -- ++ro...�, +� `'.;aa-?si -rd'�rr• �T e b Ii V"f -'= �+•- �`" ��fes. ,_�- 7R '%`_•_•'-•.__�'(_ 'tr .uo" ws y`4 � E `a � f: f� I' o � e•� Lill �• f f` � 1, :��;{d n;�'�' a�.�'� "�"�'�''�r*T'��S��r�'X47<a•,x?�'� N i� ! _i't.t�" Sfr�r,,'? '•' "..��d. �,+� `,.. ae c " �•��•r Y .Y`'{a Y. �: }.r�, •y ! c 1� !i +" �� }yy •t "{ �Y- v7�f � + i+ Yk�f t�y� i 'C�. `..� '�::. { {._ t'� � � � ', S��� if Y r C'i i�`4 ,. f .itX a1 t��j � ��� 'f�'-1.e•;+'� � !' PI ! Lw •F •� •F.r.a., 4...t J,C,�.•, .tiq YL V.W lib :•V ���. WEY MAP vol C6. µ, , kb• aka ,� �..�AO3 �V\1 'p P L ` S. .i•� l°J sR• S' 9A otl 13. ' s `'� •+'O , T 6`�' ZAP• ;; r cp" ;C7 n N f r ., £ S:�A�.... .00 fr• 1,f � late NO 7Wr N�4SlSER5 RVET TO 4As,-mar SHOflES- sECnW 2 MAP OF PROPERTY k ^= Fro w rHlFULK coLrnlrr FOR > t k Cf.=o rcE A5 4E4P+vo 4426 LOT LINE CHANGE k ;' ►k AT GREENPORT TOWN OF SOUTHOLD ` ''`• SUFFOLK COUIVTY N.Y • k. �wn�R• ARTHi4iF,TONRS.JE,PCLDLaTS'CqE� �oa0 - sa - ai &11 J;7 TNDMA WYC1f5CALF.lp9 TV' MAY 7; 1998 r Jdav :�:45 is dw,+cl..fran! �i. r` �• Tr [•'i 7 �. . ZON�VG DlSTRfCT• MXEA LOT& 24754 ay•F�` f; R40 �neil i4LYGAMOS • 5o3o�R{f'= ' r'. 1 R�� ;+fir AREa 1�OavSEG !�K•etLN/G'. ••• .• ,�,:, ',�� TOTAL AREA c 46,214 sq.ft /*eso �::•- .'' y.,;�r�Y.s tri;M). ;9618 �• rw Or 10609 80. Q�o�,j% Go✓en/161E lLCCJI�GYA1[�yORg�LY. ' SONTO,IWS t &S ARE RWEREN6ED TO THF r? 0.'go j• FIVE EASTERN TOWNS TOPOC+RAPh7C MAP5 fALG.Y.D.i J2'JC MAV&L sourl;LYJ', w Y. 1.1971 %oeEL� ArQY�ue `� 7 .!✓f�,v,,-,e- Cie, - 71 , �',e.9.vr��-r,�gck._.4��`�'!�,.9•�6_,fli5 j}i°P.Ci6v._�Sad�T�cr,._. ��-18'• ow 5��0._ ..s em 1 TORELL,ARTHUR 33-2-115610 GG 11 18 NEW HOUSE-REAR YARD SETBACK 365 WESTWOOD LANE GREENPORT A la—a--IDY i eto fa �ir1�Ui a r+r U x SI' �,,•i ir.j1 PSN o VfiF Co. %cl''i•' rt 'O %/a-s'.00,� m3 J 3• i,l'.' r�•' r rrt ,x u.e T3 m �:K-1<',_° I �1.� ' !. ri Ppri tit y rA - { 10 m •c �'Z' .'`]� -i "r-.,may{r r•`i lsiiit, 1 n •• �� !Alm El I �N I 'tillm "a •-{: / m r IiAIUF v 1I ' �+ (Lu Q '° rig +1. 1i" z 1, 110.0 i --zoo TO Hopl]E571TA0 m LAI-4E i WATC11 MAIN ( �.C[i55F]Ul.i (VACANT) FIOU5F_ ! (UNOGfC CON572.) LA i {1, AI rj j 0 r `�l Iy3 t V1 Irl ;u n 4 0, p V c7�eq � ~�, f �l av nrn q _I it �xvw„+If, mfT} y o ! z y k m o r0.�,r7� 4'I-ri e- �I - � In ' b y en x uae x• « w r- wr w i F.J (�:m Lo :E N m n m — 'n m C F, •>D K` H ea Sn IK r�' t -1 ]17 -1 m 0 -. <_ O O 0 m -� >': �'•i: A o p C i tps i o A Z L7 N. Q A<7 ,'F C n x x A u3i 1 L 1�nQ b pZ m 3 m + O -z > ❑ n o fan o -i „ � � x Fnp 0 1 0 OOCD I n W m z C n ❑ -i O TF q ' 8 f n O yC Z O ,< .{ .i m -1 •< mqa fit! $ 3 { p O N o—i n -Zi in r.10n v :' . mzM '” �' 0m spy+ 6 en e� spa I w n ❑ N 'Y Vis ^ o gg p r{ AO > m ti r , 1. Or = ❑ zIn n z �qq < .meq i. h1.�S:— � .... ..k'•.+3+• "_•"_. _•— _._- (�(r L1 Cf�NkpLTiMUK,Lgwyc3,P0,M014 �*Rrur+pair�?So. a•••ray:i r�=r r '•'ry'".q•Gl,.pl.:lils`.•:F " Y=�iC••' -,� ....r .. "� 9! n.. F P r THIS INDENTURE,made tKe 24th daypf April ,ninete'a..r::tadred and seventy-one BETWEEN YL ]3.J>S. LAND & DEVELOPMENT CORP.; a corporation organized under and existing by virtue of the business corporation law•of the State of New York, having its principal office at Middle Road (no number) , Greenport, New York 11944, party of the first part,and ARTM M R. TORELL, JR., residing at 460 Anthony Street; Oceanside, New York, 11572, O ,-i �7 party of the second part, WITNESSETH,that the party of the first part,in consideration of n~ ___--___._-__.----dollars, ' Ten ($10.00)----------------------------- -_•- [\ �' lawfulmoneyof the United States, and other good and valuable consideration paid ` a by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and 1assigns of the party of the second part forever, vacant kii, �,situate, ALL that certain plot,piece or parcel of,(and,s1s�ts�bx � lying and being-arxhe near Greenport Village, Town of Southold, county of Suffolk and State of New York and designated as Lots No. 67 and. 68 on..a certain map entitled. "Map of Eastern Shores at Greenport, Section Two", filed in the office of the Clerk of the County of Suffolk on August 10, 1965 .as Map, No. 4426. TOGEM-R WITH bedch rights and accese' thereto as described in grant trade by H.J.S. Land & Development Corp. and J.M.S. Land & Developmebt Corp. .to Eastern Shares, Inc., dated the 17th day'.of March, 1965 and recorded in the Suffolk County Clerk's office on March 18, 1965,in Liber 5716 at page 16. SUBJECT TO Covenants and restrictions shown on list attached hereto and hereby made a part hereof. T,H2S CONVBYANCE els made in the regular course of business actually conducted by the party of the first Part- .......... art.....'... DEAL f5ITE STpTE UF:° S. TRANS!ER TAK _ NEW,Y ,R K.OUP1,of 1' °i N Tsxallsn FSAYI�71 t r &Finonr,e r:s.Issas "* .ra• r...r •.r; , •.ii.rjnAV ;k• Y j," V t .. . 4r r4 •r.�•: .b ),..: ` ,,.....,...w.......lr..f TOGETHER with all•r. 'title and interest,if any,of the party of first part in and to any streets and roads abutting the above.described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. 1•t 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 incumbered 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 ad a thist.fund to be applied first for the purpose of paying the cost of the improvement and will apply the same'first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party'shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above writtca. IN PRESENCE OF' •�` H.J.S. Land & Development: Corp. •,tt r,� by Wr SL;,` ;'. • n,f,� ;,p Charles W. Morgan, Easurer L rv'. St 1 ��t•� LIHA l/000W rAIIC'tVKr ' STATE OF NEW YORK,COUNTY OF SSr STATE OF NEW YOf OUNTY OF On the dayof...,,., 19 ' ,before me On the day of 19 ,before`ItI,- persoaally came personally came to me ]mown to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument,=aed acknowledged that executed the foregoing instrument, and acknowledged that executed fhP'same. executed the same. STATE OF NEW YORK,COUNTY OF SUFFOLK SS: STATEOF NEW YORK,COUNTY OF SS: fln the 24tb diy of� Apxi.l 19 71,before me Can the day of 19 ,before me personalty Mile C11131" Fd[7] a Personalty came to nae known,who,Ueing�yule dviy,swooi,iid depose and the subscribing witness to the foregoing instrument, with my that Ire resides at No#Jackson Street, whom I am personally acquainted, who, being by me duly Ne Su Palk,:1vt-Y, 11956 sworn;did depose and say that he resides at No. that h is tt r of fl.a. _PX Vp Braflilff ment that fie knows I.the corporation described in and which-executed the foregoing,instrument; that lie to be tyle individual ]snows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrunient; to said instrument is stick corporate seal; that it was so that he, said subscribing witness, was present and sale aflixed by Order of the board of directors of said corpora- execute the same;and that he,said witness, tion, and that lie signed ]kis name-thereto by Iike order. at the same time subscribed h name as witness thereto, t,'ETPOM illiWE k 3S R NOTA;ky PUDLTC,Stnlo of Now York No.52-1077686-$tiffvlk:Counrly Gpmmf.,pon Exkkns•A9nrcfi'30,1973 ttr tttn Mitt.oulr Dub •dd y Fide Title DIMS011'� WITH COVENANT AGAiNsT GRANTORS ACTS 6E=Or; Chicago Title 111surance companf,•. 11TLE NO.Z 7-S-eQ-,j. BLOCK S.J.S. Land & Development Corp. LOT � e7 ''�' OR TowN Southold TO COUNTY , Arthur R. Torell, Jr. RECORD AND RETURN TO FIAI'lRM OF NEW TORK BOARD OF TITLE ONDERWRIURS Dominic T. Aurichio Esq. - Distributed by 434 Main Street Greenport, New York •11944JItANCE COMPNYIC 7`ITL$ imrwszOAT i ' � I W U O Z ko 4 Q W p1 v ED. an '-_JC) _ tvw r 1— N L W H � J Au K W OC r � APPEALS BOARD MEMBERS Southold Town Hall Gerard P.Goehringer,Chairman o 53095 Main Road James Dinizio,Jr. G?> z P.O.Box 1179 Lydia A.Tortora v Southold,New York 11971 Q ZBA Fax(516)765-9064 Lora S. Collins George Horning dal Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30, 1998 Appl. No. 4603 —ARTHUR TORELL PARCEL 1000-33-2-10 (& 11) STREET& LOCALITY: 365 and 465 Westwood Lane, Greenport DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the westerly side of Westwood Lane, Greenport. The property is shown as Lot No 67 and No. 68 on the 1965 Map of Eastern Shores (duplicate submitted) at Greenport, Section Two. The property was acquired by Arthur R. Torell, Jr. by deed dated April 24, 1971, which deeds refers to Subdivision Map Lots 67 and 68 (not by metes-and-bounds). The Map of Eastern Shores was filed with the Suffolk County Clerk's Office August 10, 1965 as File No. 4426 Abstract No. 5155. BASIS OF APPEAL: Building Inspector's August 4, 1997 (re-written September 21, 1998) Notice of Disapproval which indicated that under Section 100-25, the two properties were merged as one in this R-40 Residential Zone District. RELIEF REQUESTED BY APPLICANT: The. request made by applicant is to re- separate (unmerge) Lots 67 and 68 shown on the Map of Eastern Shores, Section Two by Board of Appeals approval for a Waiver under Section 100-26 of the Zoning Code. REASONS FOR BOARD ACTION: 1. Merger of Lots #67 and #68 occurred with the Town Board's adoption (11/28/95) of Local Law No. 23, which became effective January 1, 1996. Prior to January 1, 1996, all lots in the Eastern Shores Subdivision, including the applicant's Lots #67 and #68, were excepted from the lot area and lot width requirements of the Zoning Chapter. The exemption existed for 24 years, since 1973. 2. The applicant submitted plans in 1993 to the Town Trustees and the New York State DEC to construct a single-family residence on Lot #67, indicating lot #68 as a vacant and single and separate lot. : Page 2�-Apph No.4603 (Torell) Re: 1000-33-2-10(&11) ZBA September 30, 1998 Determination 3. The applicant has testified that he only became aware that the two lots had merged this year when he sought to reactivate his building permit. RESOLUTION/ACTION: Accordingly, on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the Waiver of merger in accordance with the application for the following reasons: 1. Most of the Eastern Shores Subdivision is developed with single-family residences on lots similar in size to each of the two lots that would be recognized by this waiver of merger. 2. The two lots were created by subdivision and protected on the Town's Exception List from 1993 until 1997. 3. The waiver will not result in a significant increase in the density of the neighborhood. 4. No adverse environmental conditions are anticipated that would not otherwise be addressed by the Town Trustees or the State DEC. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Homing was absent during this action.) This Resolution was duly adopted (4-0). GERARD P. GOEHRIN6ER CHAIRMAN 10/7/98 Approved for Filing RECEIVED AND FILED BY TI11E, SOU1HOLD TOW14 CLERK DATE ��%7/1�(� FIOUR�•;�Of�i� Town Clerk, Town of Southold i .5v5&)/fRAok yfik4h;6k; t-,�v7,,X adr-iZ)- SRIF IOISD.AJ &/03/2005 01:01 bJ1 IbtJyvjo ZJJA HACiE W2 • SgFfB��' APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A.Tortora .;' Southold,NY 11971-0959 Vincent Orlando ' , Tel.(631)765-1809 ,Tames Uinizio, Jr. � +�t �� Fax(631)765-9064 htlp:!,/southeidtown-northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2,2004 ZBA Ref. 5610—ARTHUR TORELL Property Location: 365 Westwood Lane, Greenport; CTM 33-2-11 SE Lk DETEMINATI0N: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment If-the project Is implemented as planned. PFiQF'ERTY f ACTSfDESCRIPTIOM The applicant's 2�{,�(.���. vacant property has 115 ft. along Westwood Lane In Greenport, as shown on the May 7, eoared by Peconic Surveyors, P'.C., last amended November 18, 2004. BASIS OEAPPLICATI dullding Depanment'a I11 -A. 200*'Notice of Disapproval, citing Section 100 i Its deplal of a building pemlinew dwelling for the ?eason that the rear yard I's less than the code.required 50 feet. FINDINGS Of=FAC The Zoning Board oPAppeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: &REA YABI&NE3EIRELIEF REQUESTED: The applicant wishes to construct a new dwelling with a rear yard setback at 35.6 feet Instead of the code required 50 feet. REASONS FOR B ARQ ACTION: On the basis of testimony presented, materials submitted and Personal inspections, the Board makes the following findings: 1. grant of tale variance will not produce an undesirable change In the character of the neighborhood or a detriment to nearby properties, after careful evaluation of all evidence recelved, in the written town records and during the public hearing. The applicant is requesting a rear yard setback at 35.5 feet. This requost Is based upon the nature of a scaled-down home on a lot which contains a slgnificont amount of wetland restricted areas. The lot is 24,756 sq• ft. in total lot area and contains a very small area for building. 01/03/2005 01:01 63176590rI& ZSA PAGE 03 Page 2—December 2,2004 File No. 5610-Arthur Torell CTM Id: U-2-11 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This is a very small lot, and without a setback variance, a dwelling would not be possible. 3. The variance granted herein Is substantial and Is the niaxlmum the board would approve. The code requires a minimum of 26 feet for both side yards, and the addition is a two-ft. reduction from this requirement, resulting In total side yards of 22+-feet. 4. The difficulty was not self-created. The difficulties are related to the unique topography of this building lot and probably should have been made part of another lot on the filed map based upon the wetlands aspect of the property. 5. No evidence has been submitted to suggest that a variance In this residential community will have an adverse impact on the Physical or environmental conditions in the neighborhood. The applicant Its following all procedures to obtain other agency permits under the wetland ordinances and other pertinent codes. 6. Grant of the requested relief Is the minimum action necessary and. adequate to enable the applicant to enjoy the benefit of a new single-family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RE50LUTION O T 1= BOARD, In considering all of the above factors and applying the balancing test under New York Town Law 267-6, motion was offered by Member Goehringer, seconded by Member Dinixio,and duly carried, to GRANT the variance as applied for, as shown on the May 7, 1998 survey prepared by Peconlo Surveyors, P.C.,last amended November 18,2004. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed In this action. Vote of the Board: ayes; Mombers Olive (Chairwoman), Go 'rl er T rt o , and Dlnlzlo. (Member Orlando was absent.) This Resolution was duly adopted ( 0; Vincent Orlando, Act g Chairman 121,Ag104 Approved for Filing f APPEALS BOARD MEMBERS rg SLr� � Mailing Address: Gerard P.Goehringer,Chairman �a �� Southold Town Hall 53095 Main Road•P.O.Box 1179 Ruth D.Oliva Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A.Simon -'�7/ � Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman U0, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD EIVED Tel.(631)765-1809•Fax(631)765-9064 NOV 1 9 L 1l°u FINDINGS, DELIBERATIONS AND DETERMINATION Q MEETING OF NOVEMBER 13, 2008 Southolcffown C1� ZBA FILE# 6229 NAME OF APPLICANT: ESTATE OF SUSAN DELEO LOCATION OF PROPERTIES: 1225 and 1135 Green Hill Lane, Greenport: CTM 33-2-27 and CTM 33-2-28 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application is exempt under Chapter 95, Waterfront Consistency Review, of the Town of Southold Code. PROPERTY FACTS/DESCRIPTION: The two properties which are the subject of this application are shown on the_hJap of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28. CTM 28 contains 20,602 square foot measuring 100.00 feet along Green Hill Lane to the east, 225.03 feet along the southern boundary, 86.72 feet along the western boundary, and 217.20 feet along the northern boundary. The lot is improved with a single family house and an in- ground pool, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. CTM 27 is a 21,289 square foot lot measuring 100.00 feet along Green Hill Lane to the east, 217.20 feet along the southern boundary, 100.37 feet along the western boundary, and 208.60 feet along the northern boundary. This lot is improved with a gazebo structure containing approximately 75 square feet, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. Page 2—November 13, 2008 ZBA#6229—Estate of Susan DeLeo CTM 33-2-27(and 28) BASIS OF APPLICATION: This application is a request for a waiver of merger under Section 280-11 to unmerge two properties based on the Building Inspector's August 6, 2008 Notice of Disapproval, citing Section 280- 10. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, at which time written and oral evidence were presented. These properties were merged consequent to the deaths of the owners August and Barbara Larmann in 1998 and 1999. The Zoning Board finds that, pursuant to-Resolution No. 2008-950 adopted by the Southold Town Board on October 21,: 2008, amending the Zoning Code Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the applicant's request for a waiver is granted for the following reasons: 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger. It was passed to the owner upon the death of her husband. Both lots were passed to daughter and son-in-law upon the death of death of the mother. 2. The lots are 21,289 and 20,602 square feet, respectively, and are of comparable in sizg to neighboring lots. 3. The lot to be unmerged is vacant, except for a gazebo and wood bridge over a pond and has historically been treated and maintained as a separate and independent residential lot. 4. The waiver of merger and recognition of a second lot will not create an adverse impact on the physical or environmental conditions in the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code Chapter 280, Article II, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to Page 3—November 13, 2008 ZBA#6229—Estate of Susan DeLeo CTM 33-2-27(and 28) Grant the waiver of merger, as applied for. Vote of the Board: Ayes: Members Goehringer hairm Oliva, Dinizio, and Simon. (Member Weisman was nt.) Resolu 'en was duly adopted (4-0). RD P. GOEHRIN "ER, RMA.N Appreved for Filing 11/ // / 008 ri Sq6'io;jiLp wa fL013� 53o dvd r OMy 6$ �� y M � fig•g8 73A'°° - If to �C Vt � VAImp L�t•dV Wo r 1 �i•44 yd• \p I I FR �. NO.' • N W I .a. • ^ .10 ' d Ax O op Am MAR ip Ln Gig fn CFn 011 ON +J ? ltid C (n X G N ?Z m o p Z 'y A LTJ`�I Q > i II m 1+l C O m N a C oop �1 o X w N W C 0 m (q p1 xZ N � WZ x c� � = O m m o W M0 y 3 { it c co N -0 I � m N 0 p ` x� ✓ rn � 00 a -Jo R S Oto 1`� ` pZ `8 yp7 0, rn OS 03 V al s Trr o i -.. o. ?r � o JT.' ' p000 Id VAS Ill 113 BPIS n Et A 2 rn n 0--4 c O C/) X nNi i Q1 g a W � C-q �y a �N -I N o m W(D II d-�� � b cmi 'rJ�MRJ� � iY .•:_ C a- N O W Z F� m W 00 00 < 0 900 Al j' C U2 ✓ N J OD Al � V F C n 1 Y O Orr V The parcels are designated as lots numbers 129 and 130 on map e tiallV- _ astern Shores at Greenport Section 5 filed in the Office of the Cler of the County of Suffolk on December 21, 1968 as map no. 5234. G� Historical � �-��'a.�r:'•'.,' :V'�•�r' The parcels in question were acquired by August Larmann and Barbara Larmann as to lot #28 on the 14`h day of June, 1979 as can be seen from the deeds provided. The vacant parcel, lot #27, was subsequently acquired by Barbara Larmann on the 11'h day of February, 1980 again as shown on the deeds attached. August Larmann and Barbara Larmann died barely a year a part. August Larmann died on the 3`d day of March 1998 and Barbara Larmann, his wife died on the 171h day of July 1999. As of result of their deaths,there was a merger since August's Estate passed to Barbara and this merger could not be avoided. Subsequent to the death of Barbara Larmann, as part of the settlement of her Estate, a deed was issued for Lot#28 from the Executor of Barbara Larmann's Estate to Susan DeLeo and Wayne Deleo, her husband. Susan DeLeo and Wayne DeLeo were not represented by counsel during the distribution of Susan's mother's Estate. Thus, inadvertently, on the same day, that is the 1 st of March, 2000, a second deed was issued for Lot #27, the vacant parcel, which August Larmann and Barbara Larmann had sought to keep separate, was issued to Susan DeLeo and Wayne DeLeo, her husband. Realizing the error they had made, Susan DeLeo and Wayne DeLeo in 2003, March 3`d to be precise, executed a deed from the two of them to Susan DeLeo for Lot#27. Title continued to be held in this matter until September, 2007 when as part of a settlement of a long festering matrimonial dispute, a deed was executed by Susan DeLeo and Wayne DeLeo to Susan DeLeo as to 99% and to myself as to 1%. I perceived at that time that there would be a possible difficulty regarding merger but nonetheless as Ms. DeLeo's attorney, I did attempt to preserve whatever rights we might have as to the single and separate argument. The deed I refer to was signed on the 13d' of September, 2007 and recorded on May 23, 2008. Susan DeLeo died on the 27h day of September, 2007 after an extended stay at Eastern Long Island Hospital. Ms. DeLeo's Estate as per her will dated the 7`h of September, 2007 and admitted to probate on the 1 Vh day of December 2007, passes to her stepchild, Michelle, who is now 13 years of age. The Estate is burdened with substantial debt. There are unpaid real estate taxes owing to the County of Suffolk and Town of Southold and there are significant sums due to Eastern Long Island Hospital. As recited earlier, Ms. DeLeo died at Eastern Long Island Hospital after a stay of approximately 52 days. Ms. DeLeo did not have health insurance. The hospital bill. exceeds $180,000.00. In addition to the hospital bill,there are unpaid doctor's bills and utility bills as well as other miscellaneous debts. Aside from the real estate we are dealing with here, there is only $11,344.00 in cash to pay outstanding estate obligations. The Estate has contracted to sell lots 27 and 28 for the total sum of $625,000.00. However, the purchaser, as part of the contract negotiations, has made this offer contingent on the fact that the parcels are single and separate parcels. It is likely that if an unmerger cannot be obtained that the purchaser will exercise his option to terminate the contracts and receive a return of down payment monies. I am advised by the realtor who has secured the purchaser for the estate that it is likely that the sale of the home and vacant parcel lot #27 as a single parcel would result in approximately $100,000.00 diminution in value. As can be seen then, this result would cause a serious economic hardship ultimately to Michelle DeLeo, the beneficiary of the Estate. I am aware of the fact that there is a public hearing scheduled for the 9`" day of September, 2008 on a proposal to amend the provisions of section 280-11 of the Zoning Code of the Town of Southold. Of course we are at this point unable to determine if these proposals will be adopted, however, if they are adopted I would like to point that under proposed paragraph 1 it is clear that except for the 1% interest currently held by myself, there has not been a transfer to an unrelated person since 1979 when August Larmann and Barbara Larmann purchased lot#28. Further, it is evident and I would ask the Board to take notice of the fact that the lot is as large as the majority of improved lots within a 1,000 foot distance and further that the lot has been kept vacant and except for the driveway which is partially on lot 27 has been kept as a separate residential parcel since the filing of the map in 1968. WSouthold'To Board - Lei • Board i...,.eting of Oc:obe $ � October RESOLUTION 2008-950 OCT 2 9 ItemADOPTED f dT-� : 4323 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2008-950 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21,2008: WHEREAS, there was presented to the Town Board of the Town of Southold,Suffolk County, New York,on the 12`h day of August, 2008 a Local Law entitled-"A Local Law in relation to Amendments to the Waiver Provisions of..the Merger Law" now,therefore, be it RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,Southold,New York,on the 9"'day of September,2008 at 7:35 p.m.at which time all interested persons were given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law"reads as follows: LOCAL LAW NO.Iq 2008 A Local Law entitled,"A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" BE 1T ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose-The purpose of this amendment is to provide an additional path by which -•�-- "ownerse-krts deemed "merged"may apply to waive those mergers under certain circumstandes. If,,. ghaptm-280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10,the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and Generated October 22,,2008 Page 12 • ' •Bo,,,d Meeting of October 21,2008 r ,So-vthpld Town Board-..Letter (1) The Iot ra sed to be reco nized has not been transferred to an unrelated erson or enti since the time the mer er ways effected' and The q4vePq—A—fl (2) Upon b-_____glancing whether: a The Mosed waiver would reco nine a lot that is com arable in size to a ma prity of the im roved lots ire the nei hbarhood• b The lot ro osed to be reco iz d•is vacant and has histaricall been treated an maintained as a se erste and inrle endent residential.lo since the date of its nriinal creation; and k--The proposed waiver and reco ninon will not create an advers im act on the h sisal ar environmental conditions ire the nci hborhood or district. 9 1. III. SEVERABILITY If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. i Elizabeth A.Neville SIV3ddV JO UVO Southold Town Clerk Soot RESULT: ADOPTED [UNANIMOUS] s z Baa MOVER: William Ruland,•Councilman SECONDER: Thomas H. Wickham, Councilman (] 'C;; ''`� AYES: Ruland, Orlando, Krupskl 3r., Wickham, Evans, Russell - -- • Generated October 22, 2008 Page 13 \� e g ,,,,a e 9 CL•-7 4 1 .m.W ` {aac Lr W P 11 I W WI ss `^ W SIS! ° sxao�.s .,ayss+a, 7C I N 9'J t ;! 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I•sI'rw m $® ~ m $ co \ I aOl M o9.sti1 slo z 6 �. 40:061 - 00, _ crv}gl 00.001 00.001 0o•00I � oo•olI '� 00.5z► '�•acYos d. 00'46! — —�-- qa - +` 1-11 H / 00.OSI }'Sbl Z - _/ 00'OLI •4t _COCYOO4 oo'aor4 wool-ek 00'001 CO'S£1 '�k D60S ar061 / 00.Os1 45r 11 7� 1 O g ^ r O .. _ � tf._ g ZI p at r Um s� $ Q _ a Al 00.0(;llL-9' 000tltit Q; N 3 L N x zozbl 'Z �•os� '4 - oo'osI E;as+l S,azN ^s ce%pN c•oss Ld r 8 `�'��3 � / �� off• � aaI !al g . n r $tOLr 00.001 L£'oo1 LE'ool /z9'9g H �Ji 33at+> Z4� 1' Q��+ oa'cxz 1 r;cxs ts.oa'r~ "Lez rwc�ao. Z. �•N a' 9t 61 08 19 11, F R H 1T3 ON lnl t O $ OM1 NO1173S y1' c127U]s.N3Wdd'13H30!(7T-1'Vl•S'C}f N jE1.�o, SvsN/F +uk y,4k4,1sk, yap /0130 3/aC? f APPEALS BOARD MEMBERS p� 5� • Mailing Address: Gerard P. Goehringer,Chairman ` �G' Southold Town Hall A` 53095 Main Road-P.O.Box 1 179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. Yo Office Location: Michael A.SimonO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman oU�[,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD E EIVED 4-. Tel.(631)765-1809-Fax(631)765-9064 NOV 1 9 FINDINGS, DELIBERATIONS AND DETERMINATION Q MEETING OF NOVEMBER 13, 2008 Southol&TownClirk ZBA FILE# 6229 NAME OF APPLICANT: ESTATE OF SUSAN DELEO LOCATION OF PROPERTIES: 1225 and 1135 Green Hill Lane, Greenport: CTM 33-2-27 and CTM 33-2-28 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application is exempt under Chapter 95, Waterfront Consistency Review, of the Town of Southold Code. PROPERTY FACTS/DESCRIPTION: The two properties which are the subject of this application are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33.2-28. CTM 28 contains 20,602 square foot measuring 100.00 feet along Green Hill Lane to the east, 225.03 feet along the southern boundary, 86.72 feet along the western boundary, and 217.20 feet along the northern boundary. The lot is improved with a single family house and an in- ground pool, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. CTM 27 is a 21,289 square foot lot measuring 100.00 feet along Green Hill Lane to the east, 217.20 feet along the southern boundary, 100.37 feet along the western boundary, and 208.60 feet along the northern boundary. This lot is improved with a gazebo structure containing approximately 75 square feet, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. Page 2—November 13, 2008 ZBA#6229—Estate of Susan DeLeo CTM 33-2-27 (and 28) BASIS OF APPLICATION: This application is a request for a waiver of merger under Section 280-11 to unmerge two properties based on the Building Inspector's August 6, 2008 Notice of Disapproval, citing Section 280- 10. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, at which time written and oral evidence were presented. These properties were merged consequent to the deaths of the owners August and Barbara Larmann in 1998 and 1999. The Zoning Board finds that, pursuant to Resolution No. 2008-950 adopted by the Southold Town Board on October 21,: 2008, amending the Zoning Code Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the applicant's request for a waiver is granted for the following reasons: 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger. It was passed to the owner upon the death of her husband. Both lots were passed to daughter and son-in-law upon the death of death of the mother. 2. The lots are 21,289 and 20,602 square feet, respectively, and are of comparable in size to neighboring lots. 3. The lot to be unmerged is vacant, except for a gazebo and wood bridge over a pond and has historically been treated and maintained as a separate and independent residential lot. 4. The waiver of merger and recognition of a second lot will not create an adverse impact on the physical or environmental conditions in the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code Chapter 280, Article II, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to a �`�,�;sem•m�+�,'�y V 3 ^d'°oQ �Sdb dYf� �p.orl OWL OF 1� 9� �e yo'► X� o. s � � o. � r a auk � a s 'd 00 110 IgA 0� . K Cog V 2 g ' i J n o a P6gnZcbyAnq rte' fig p zb cN O m -� ZSZvm -.40 C 7 F z 4 m y wood sO �N �H O II O O b CJ w C Om i�+�J� C o Wr''Oyyrn M fd a m O r W' } < � jt '< 0 8 x 0 s N C m Q 00 J G' r cfH ' �%@3 lox 1A Z9 98 icy m. 1 Ir A A "' g m ro ro Do 110 P�a� { oS! �� �K ox $8 i N i Ro Ina NC F v y 7' O w + CA Do oozy `�''� 0 � ppm C ni tmj m � Ng= s� oc 0 —ZI N 7, tzyJ o 0 09 & D b V on 0 b b m Q F-� ,••� 'Q V+ E4ta xm P� o o W m 2 y `9 � x O �^ C r p p o ::Ep '=1 rn � < to x m ZOEQ N o i Page 3—November 13, 2008 ZBA#6229—Estate of Susan DeLeo CTM 33-2-27(and 28) Grant the waiver of merger, as applied for. Vote of the Board: Ayes: Members Goehringer hairm Oliva, Dinizio, and Simon. (Member Weisman was nt.) :!�IResold 'on was duly adopted (4-0). RD P. GOEHRIN ER, Approved for Filing 11/ / rIR14AN 8 East.-Side:.Queen St.., Greenport 4/2-3 ..& 5/14/81, CA-approval of insuff. area of two parcels ....8nc1irrsuff;...roazi....frbn'�at,�e-o;f -oris paw-Ce1�--- i.- ` • ®fl TOWN OF SOUTHOLD, NEW YORK DATE6/ /,81 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2803 by application Dated March 19, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Ms. Agnes Dunn Appellant 276 Concord Drive Hereford, PA 18056 at a meeting of the Zoning Board of Appeals on May 22, 1981 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31 1. Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection paragraph ................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearings 4/23/81 & .5/14/81: Application of Agnes Dunn, 276 Concord Drive, Hereford, PA 18056 for a Variance to the Zoning Ordinance,.Art. III, Sec. 100-31 for approval of insuffi- cient•:area :of-two•.parcels and .insufficient road frontage of one parcel, located at the easterly side of Queen Street-, Greenport, *NY; bounded-north by C.R. 48, west by Queen Street, south by Malinauskas, east by Conklin; County Tax Map Item'No. 1000-40-3- 9.1 and 9.2. (SEE REVERSE SIDE) a 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance(would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. CG:lk ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds ' and determines as follows: By this appeal, appellant seeks permission to re-divide two parcels of land, each with a two-story frame house. The premises contains as follows: Parcel 1 has an area of 12,290 square feet as proposed in this application and shown on survey dated May 5, 1981 of Roderick Van Tuyl, P.C., having road frontage on C.R. 48 of 99.82 feet and frontage on Queen Street of 100 feet. Parcel 1 2 has an area as proposed in this application of 29,299 square feet, with frontage on Queen Street of 243.25 feet, and also is improved with a private garage, The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief requested is within the spirit of the zoning ordinance; that the variance if granted will not change the character of the neighborhood; that no adverse effect will be produced on available governmental facil- ities of any increased population; that the hardship* or practical difficulty is unique; and that the interests of justice will be served by granting the requested relief. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Agnes Dunn be granted a variance to the zoning ordinance, Art. III, Sec, 100-31 for approval of insufficient area and insufficient road frontage SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the minimum lot area for Parcel 1 shall be approximately 14,252 square feet, by adding the triangular section from Parcel 2 of 114.64 feet in length and connecting same with the 30-foot length, and running same parallel with the extreme southerly property line `� of Parcel 2; �J� (2) That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter. Location of Property: C.R. 48 and Queen• Street, Greenport; County Tax Map Item No. 1000-40-3-9.1 and 9.2•. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. (Mr. Doyen was absent - Fishers Island) . Chairman Eoard a appeals RECEIVED AND FILED BY SOU1 0Lij TO'V CLERK DATE ML HOUR X6.60 (d 604 0. Town( C rk, Tow,n of Southold k6 Lt u. z 0 ' o Lu 10L p z <1 Ll T 41 13 a Han Lane o -SL- cm AP f p 47 0 0 m %% t()O.O N.H IrT'10"W. 248.25 QUEEN 5b • 1 CJ� g 9•� o � - IYIRd' a�Sud�vE ` .; �.• � A�7�iY� ,J: M,q L:l N.4ClSfC'.45,`• N "AM G'REhd'F?G7R 7" a At° H's wYo►xpd. a•a rtrvpl S :. 43, i. M a `I H 1<04 S MALIAll AL tu ACRE 7 i 1,. Y \ ! ,mwlxnwa Ann.now1rp Anmelm. - _ e�eYlY ri h YPp1�.7NM1 q HOi \ 1 mam lisp b Tw mw WK STAR S' V -EA4 WN NW. • •�y�.' � •. r .. •. -.i T \ CGervx p Tela SWvl7 aa�p noT r.uoY9•- - t_rL S 1x1 W Q R ws OHM jfe j • `r! ` `�y - pr p W"1u0 62"WALL NVI It=KJV Sm I•. .• '' 1 .. .. ,f ,. ' GYAGh1NS MIUM MON LIAK WR OMv 10 to Kmm 10S WN 1x1 v AYTe, t 5 O ppIVApO,Ar ONilK OW-J W TNF TNu LOx1ANV;W)vlii.WAI AW KV alO' 1 ' _ .�I• NIx1Alfi MmurxNi usm m1Wrl h ,�• �•' M IW Ap1G,.SS of TIN U. WSIb WIIWL O/A F[15 AN NOT 114NSFR ! 3 3 Gan t .6 1 T 1 rvo T mw aNT 1N1Txn 0.pwuouxlr;^ ' F 1 �{ .. •°•ir is :: l �' •• :��rnrlffa�ey'�o,G�Ir�r7tnf>+�d��i, ,� s vi s� 'AmcrrrarrTii���nscvarnc� a .` ,;� a +f. ��a � �G,CJriy/ sra.•v�.�'ec:s;/5r6$. ; .rr , r r }r { r 1 • ° YH'/1I.7'i.19rL_;x L.+ y..' �;� I �dl y F.• ,:�'.IK:��'�: '��e1� 2�.r:��r_j,s�:.r;s '�9S`A�f•7..'. tSEr DFF Tc�r p .La Ts �/a i� �.trsce� �+G��-�r�•� v TOWN OF SOUT,HOLD, NEW YORK ACTION OF TIM ZONING BOARD OF APPEALS DATF...,Tune..8,. 1967 Appeal No. 1104 Dated May 29, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Ernest g. Radford a/c Arthur L.R. Francisco Appellant Main Road North Road East Marion, New York Greenport, New York at a meeting of the Zoning Board of Appeals on Thursday, June 8, 1967 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning ordinance DC) Request for a variance to the Zoning Ordinance 1. (SPECIAL EXCEPTION. By resolution of the Board it was determined that a s�iedial exception ( ) be granted ( ) be denied pursuant to Article ..:.......:.... Section ....::.......... Subsection ................ paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E:D.S.T), -Upon application of Ernest Radford, Main Road, East Marion, --New York, a/c Francisco Est., Greenport, New York, for a variance in accordance with the Zoning-Ordinance, Article III, Section 303, for permission to •set 'off two' lots with insufficient frontage and for approval of access in accordance with the State of New York Town Law, Section 280A. Location ofproperty: north side North Road (CR 27), Greenport, New 'York, bounded north by Long Island Sound, east by E.J. Bohlke, south by North Road, (CR 27), west by M.,C. Pfeffer. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict•application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship'created (is) (is not) unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and In the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) Would not)change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED — ZONING BOARD OF APPEALS Foy zB4 Chair. an Board of Appeals /? /n Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to set off two lots with insufficient frontage and obtain approval of access. The Board finds that all the lots involved have an area well in excess of that required by the Zoning Ordinance. The Board finds the proposed right of way will be 25 feet wide and should be accessible to all emergency vehicles. The Board finds that stric� application of the Ordinance will produce practical difficuities oriunnecessary hardship; the hardship created is unique and would no_t be shared by all properties alike in the immediate vicinity of,this property and .in the same use district_; and the variance does observe tfie spirit.of..the Ordinance .and will not change the character of the district. " Therefore, it was RESOLVED that Ernest Radford,, Main,Road, East Marion, New York, :a/c,.F:rancisco Est., Greenport, New York, be granted permission to set off two lots with insufficient frontage and for approval of access as applied for on property located on the north side North Road, Greenport, New York. This permission is subject to the following conditions: 1. Each parcel created shall have only one dwelling erected thereon. 2. There shall be no side yard variances granted for any dwelling erected. 3. The right of way shall be subject to the final inspection of the Southold Town Building Inspector. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE(516)765.1809 ACTION OF THE ZONINGRa Appeal No. 3688 Application Dated October 27, 1987 TO: Rudolph H. Bruer, Esq. [Appel l ant(s)I as Attorney for MR. AND MRS. ANTHONY PIRRERA Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on February 2, 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section 100-31 , Bulk Schedule [ ] Request for Application of ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section 100-31 , Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY; County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5.20± acres. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of ANTHONY AND SALLY PIRRERA_ under Appl . No. 3688; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1 . The premises in Question is situated along the north side of the North Road (a/k/a County Road 48), Greenport, Town of Southold, having a total acreage of 5.2 acres and lot width of 255.26 feet, and is located in the "A-80" Residential and Agricultural Zoning District. 2. By this application, appellant requests approval of the lot width (frontage) of 127.63 feet of proposed Parcels #1 and #2 in this pending two-lot division of land, as more particularly shown on map prepared by Roderick VanTuyl , P.C. dated September 17, 1987, amended December 11 , 1987. 3. Article III, Section 100-31 , Bulk Schedule, of the Zoning Code requires a minimum lot width of 175 feet. 4. The premises is shown to be vacant and is believed to SCONTINUED ON PAGE TWO) DATED: February 2, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No. 3688 Matter of ANTHONY & SALLY PIRRERA Decision Rendered February 2, 1988 be accessible to a 12" water main from the Village of Greenport Water Company. 5. For the record it is noted that by prior action taken by this Board under Appl . No. 3354, area and width variances were denied for the reasons noted therein on January 21 , 1986; and that an opinion was obtained from the Suffolk County Soil and Water Conservation District dated November 29, 1985 which recommended a change in the location of the then-proposed right-of-way outside of the natural drainageway areas. 6. It is the position of the Board that the layout of the perimeter of this 5.208-acre parcel as presently exists with a total lot width of 255.26 feet is unique and there is no other method feasible for appellant to pursue other than a variance. 7. In considering this application, the Board also finds and determines: (a) the relief requested is not substantial in relation to the requirements of zoning and in relation to those lots generally existing in the area; (b) a substantial change will not be produced in the character of the neighbor- hood; (c) a detriment would not be created to adjoining properties since the lot will in all other respects comply with the requirements of zoning; (d) the practical diffi- culties are not self-created and are sufficient to warrant the grant of this variance; (e) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Mr. Sawicki , seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance from the Provisions of Article III, Section 00-31 (Bulk Schedule) of the Zoning Code for the insufficient lot width [or frontage] of proposed Parcels #1 and #2 of 127.63 feet, as applied in the Matter of the Application of ANTHONY AND SALLY PIRRERA under Appl . No. 3688, PROVIDED: 1 . That lot area for each parcel will not be less than the current code requirement of 80,000 sq. ft. ; 2. That any and all setbacks and other zoning requirements will be complied with (without reductions at any time). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki . (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted. l k ,Q �A��y/• t,?•�.�'2•:�M nom! i.�.- • — RECEIVED AND FILED BY THE; SOMC UTHOLD TOV114 CI DATE 9'42'/W HOUR 2 sr Town Clerk, Town of Southold HAI-) OP MINOR-SUBDIVISION wl Ln _f)QAJP:r2TY�X;.%-CYL !. .0 PO-2 A KLY MAP 1OWN CF 5 FIOLD N 'Ile 4 le L E141UNUMS q VIP `1 '' U I e AC @1 z ul avvm ma Cr I.Q.ME�3KEVELIU-SL-9.5, WAT L ftJ afto.-gAlm- ❑Yrf" �o ./,Z) ce I a LD ni -- yz i I I r ' Office Location: 0f sof flMailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) 4 P.O.Box 1179 Southold,NY 11971 Southold,NY 11971-0959 RECEIVED http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD D E C D KA Tei. (631)765-1809 Fax(631)765-9064 S thold Toast C ! M FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 22, 2009 ZBA File#6332: Joyce Orrigo, Applicant. LOCATION OF PROPERTY: 66425 County Road 48, Greenport CTM # 1000-40-02-11 and 12 (combined/merged as one lot) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area as combined (together) of approximately 44,000 square feet, identified as 11 and 12 on the Suffolk County Tax Maps, District 1000, Section 40, Block 02. The land is vacant with a depth of 202.56 feet, and 219.90 feet along the north side by a town street (Homestead Way) and 219.90 feet along the south side by County Road 48 (a/k/a North Road). The property is located in the R-40 Low-Density Zone District. BASIS OF APPLICATION: This is a request for a Waiver of Merger under Code Article II, Section 280-12 (as amended) and Section 280-11 to unmerge land identified as SCTM #1000-40-02-12, based on the Building inspector's August 4, 2009 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). The land is merged with the adjacent property to the west identified as SCTM #1000-40-02-11. ADDITIONAL INFORMATION: The applicant had previously come before the Board in September 2005 under ZBA file#5740 requesting a Waiver of Merger of CTM#1000-40- 02-12 from CTM#1000-40-02-11. The request was Denied, because the Applicant could not prove economic hardship. Since that time the Town Code has been changed to eliminate the economic hardship criteria from the waiver of merger appeals process. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 3, 2009, at which time written and oral evidence were presented. Based upon Page 2—December 22,2009 ZBA File#6332—Joyce Orrigo CTM: 100040-2.11&12 at 66425 County Rd.48,Greenport all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The lot proposed for Waiver of Merger has not been transferred to an unrelated person since the property was purchased in 1966. The two lots were merged pursuant to the enactment of the merger law. There were no transfers of ownership outside the family during any of this time. 2. Balancing the factors set forth in §280-11 weighs in favor of the applicant as follows: a. The lot to be recognized is of comparable size to the majority of improved lots in the neighborhood. The subject lot.is 0.51 acres. The lots immediately to the east and west along Homestead Way are the same size and dimensions as shown on the "Map of Eastern Shores at Greenport" and the County Tax Map; 1000-40-2-10.2, 13, 14&15. b. The lots to be unmerged are vacant, They have historically been treated and maintained as a separate and independent residential lots. c. The waiver of merger and recognition of a second lot will not create an adverse impact on the physical or environmental conditions in the neighborhood. The subject parcel is one of many vacant lots in the neighborhood. There are no wetlands and no reported environmental constraints on the subject property. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code §280-11(2), a motion was offered by Member Schneider, seconded by Member Weisman, and duly carried,to GRANT the application concerning Waiver of Merger of CTM#1000-40-02-12 from CTM#1000-40-02-11. In accordance with the Law as written. Vote of the Board: Ayes: Members Goehringer (Chairman), Simon, Weisman and Schneider. Member Homing was absent. This Resolution was duly adopted (4-0) /lerard P. Goehringer, Chairman Approved for Filing 12/zP/09 RECEIVED Southo[J Tovy,i Clerl ,3 3 Al FORM N0. 3 " TOWN OF SOUTHOLD BUILep i DING DEPARTMENT 0PAPPE4 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: August 4, 2009 TO: Joyce Orrigo 130 Stanley Dr. Centereach, NY 11720 Please take notice that your application dated July 17,2009 For a permit for merger determination at Location of property 66425 CR 48, Greenport,NY Tax Map No. 1000–Section 40 Block 2 Lot 12 Is returned herewith and disapproved on the following grounds: The subject lot has merged with the adjacent lot to the west SCTM#1000-40-2-11 pursuant to Article I1, 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)y(50) feet or snore in distance. Nonconforming lots shall merge until the total+- lot size conforms to the current bulk schedule requirements." 9"— rm IL uthorized Signature CC: File,Z.B.A. SURVEY OF PR ERTY _. ... =_5ITUATEs GREE ORT N I TOM SO T'HOLTJ SUFFOLK C+D NTY, NY . f SURVEYED 0.9•02-2005 W. E SUFFOM COUNTY TAX - : IOOO-4O-z-I I RECEIVED 8 CBRT11MIDT0: AUG 2 4 2009 f { TIMA P01w1cyrA1LbsDtmmmAwrV BOARDOPAPPEALS &� liddgebampmm Nnivml Bank I. I E I FINAL MAP REVIEWED BY ZBA� - SEE DECISION# Gam_ DATEDL00 . t�I� 0 0 � +� o a lilt Jo O -0 ..aa °`Ali Gond° J NOTES. O PIPE FOUND ELEVATIONS REFERENCE SUFFOLK COUNTY TOPO MAPS - T PARCEL LIES IN ZONE DISTRICT R-40 SETBACKS BASED UPON DISTANCES FOR NONCONFORMING LOTS JOHN C. EHLERS LAND SURVEYOR AREA= 22,233 5f or OSI=rag JOHN EAST MAW STREET N.Y.S.LTC.NO.50202 GRAPHIC, 50ALE 1"= 40' RIVERHEAD,N.Y.11901 369-8288 Fax 369-8287 REF.11FIp smeWROSl05-145.pro 4 51TURTE: GREEWORT REcen ` V33a N I TOWN: 5ovniOLD AUo 41009 ✓ j SUFFOLK COUNTY, NY BOARD U w E i nr,,rALS .SURVEYED 03-02-2005 -54JFFOLK COUNTY TAX 0 S 1000-40-2-12 mnf-IRD 1101. Philip}e{C/_'Ambe SI I'ecamc AlwL 7�p [iridgduLmpino NAoosl Bunk p O. �9 J pc 7� FINAL MAP REVIEWED BY ZB SK CIECISiON aarEo —Q 4. -0og ,nom O �. tp lk r� �'.4. OO h 411-111 voll � O J oc o PIPE FOUND - ELEVATIONS REFERENCE SUFFOLK COUNTY TOPO MAPS '[ •1-a~ "f ST EL LIE5 IN ZONE FOR DISTRICT L0 SETBACKS 5A5ED UPON D AREA =E5 FOR NON3 SF or O F RMNING SJOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.L[C.NO.50202 R1yERHEEAD,N.Y.11901 I bRAPHi SCALE Iu� A0'_-.••- 369-8288 Fax 369-8287 REF.\\Hp serverW\FROS\05-145.pro � - i r APPEALS BOARD MEMBERS f Southold Town Hall Gerard P.Goehringer,Chairman ,`yam Gy 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Lydia A. Tortora Southold,New York 11971-0959 Lora S.Collins ! ZBA Fax(631)765-9064 George Horning �1 ' Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 13, 2001 Appl. No. 4999-- LOUISE AJEMIAN 1000-33-3-23.2 and 40.1 STREET& LOCATION: 1825 McCann Lane, Greenport DATE OF PUBLIC HEARING: December 13, 2001 PROPERTY FACTS: The property which is the subject of this request to unmerge is SCTM 1000-33-3-23.2 (Lot 23.2), unimproved land on McCann Lane in Greenport with road frontage of about 55 feet and depth of 160 feet. This land comprises the southerly half of original Lot 14 in the Eastern Shores subdivision, which was filed in 1964. (The adjoining land, SCTM 1000-33-3-40.1, abuts this land on the northerly property line.) BASIS OF REQUEST: Building Department's Notice of Disapproval, dated August 2, 2001, stating that the subject property (Lot 23.2) has merged with the parcel immediately to the north, SCTM 1000-33-3-40.1 (Lot 40.1), pursuant to Code Section 100-25 by reason of common ownership after July 1, 1983. RELIEF REQUESTED: Applicant requests a waiver of the merger of Lot 23.2 with Lot 40.1, as provided for in Code Section 100-26. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Lot 40.1 comprises Lot #15 in the Eastern Shores subdivision and the northerly half of subdivision Lot#14. Consequently, CTM Lot 40.1 is 1.5 times the size of the typical lot originally laid out in that subdivision. CTM Lot 23.2, comprising the southerly half of subdivision Lot #14, is one-half the size of the typical original lot. 2. Eastern Shores sold subdivision Lot #15 to Louise Ajemian (LA) and Elisa Yerganian (EY) in October 1968. LA and EY bought the northerly half of subdivision Lot 14 in February 1969 from E. Baron, who had previously acquired all of Lot 14 from Eastern Shores. In May 1970, LA and EY conveyed these two parcels (the property now identified as Lot 40.1) under a single deed, giving a one- half interest to LA and a one-half interest to EY and her husband Paul Yerganian, all as joint tenants with right of survivorship. A house was built in 1970, located on the northerly portion of Lot 40.1, that is, on the portion that was subdivision Lot 15. Page 2 —December 13, 2001 Appl. No.4999—L.Ajemian •1000-33-3-23.2 at Greenport 3. In February 1972, E. Baron conveyed the southerly half of subdivision Lot 14, that is, Lot 23.2, by deed to LA and EY as joint tenants with right of survivorship 4. There were no further transactions involving Lot 23.2 or Lot 40.1, although Lot 23.2 was erroneously included in the recitations of a 1987 deed conveying subdivision Lot 13 (owned by LA and EY)to Karavas. 5. EY died in 1998, leaving LA as sole owner of Lot 23.1. Paul Yerganian died in 1999, leaving LA as sole owner of Lot 40.1. The Lots thereupon merged. The merged parcel comprises original Lots 14 and 15 of the Eastern Shores subdivision. 6. LA now wishes to reconstitute original subdivision Lot 14 and sell it to a buyer who intends to build a home. To accomplish this, Lot 23.2, which is the southerly half of subdivision Lot 14, must be unmerged from Lot 40.1. The unmerged parcel would then be sold under a single deed together with the southerly one-third of Lot 40.1, which is the northerly half of subdivision Lot 14. LA will retain the northerly two-thirds of Lot 40.1, which is subdivision Lot 15 and on which the house was built in 1970. 7. Provided that LA's plan described in paragraph 6 is accomplished, the requested waiver will recognize the original lines of subdivision Lot 14, which will be consistent with the size of lots in the neighborhood. Waiver of merger will allow for construction of one single-family dwelling on original subdivision Lot 14, which will not result in a significant increase in the density of the neighborhood. There will be no need for significant change in the contours or slopes of subdivision Lot 14, nor for substantial filling affecting nearby environmental or flood areas. 8. Waiver of merger will avoid economic hardship for applicant, who otherwise will be left with an unusable parcel (Lot 23.2). Testimony was offered that the reconstituted subdivision Lot 14 is under contract of sale for$90,000. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the requested Waiver of merger of Lot 23.2 with Lot 40.1, subject to the CONDITION that the applicant joins Lot 23.2 to the southerly one-third of Lot 40.1 so as to reconstitute exactly the lines of original subdivision Lot 14, and conveys that newly constituted parcel to a buyer as a single parcel Page 3 —December 13, 2001 Appl. No. 4999—L. Ajemian 1000-33-3-23.2 at Greenport under a single deed. To ensure that this condition is met, no Building Permit shall be issued for any structure on the land now identified as Lot 23.2 unless such land shall have been joined to the southerly one-third of Lot 40.1 and transferred under a single deed, as described in the preceding paragraph. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Hor ' is es ion s adopted (5-0). Gerard P. Goehringer, Chairm IZ/3c/�'� RECEIVED AND ) r. 1�Ar-_� l 2D Z ',a:Vz io,:*n of ::oulhold BENT BY; MOORE; 631 765 4643; DEC-7-01 t9-56r FAGS 2/2 Ngo � r 4 OV 0 T arm a ry z � z 0LULJ .. iA tL � N y 4 � �Q � •�/ '�N��''� �CSW �A/�-7�''�r'F�►��1 do o y roc{rr+oEn,w wrr3 , s L til• � /03' °ate+vaey - Sa. d y `fiQ Qo O S Wig. C. 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MAINTENANCE,ALTERATION,SALE OR ++ Real Property Tax Service Agency Y 13o 02 S„bbi'sun Lb lM - Ow40brnun " y4Xm OY4W U,w --W-- NIn'el-Up --HST-- FlRE 31 NYDIUNT DISTVILLAGE OF oAo E dwq LNrS _'- LIGHT 4e Yw m SUFFOLK CON OF UNTY TA PORTION OF PROHIBITED ' County Center Riverhead,N Y 11901 040 T N a,r..i san ^^"'- SOHtl ar,4nWi °^ UpM O:shILM -L-- ♦,neu`m ObMdun"-'�--A-- SUFFOLKCOUNTYTAK M1VW IS PROHIBITED 1wP1 M0'W. • SCALE IN FEET. M 001 D P"ni No 21 Dw4A�a 121 A(d)mr 121A urm u„e -- PeAOewil Lna --.-- lMuwnMr DYI,b LXH--WW-- we,e.w.x WW1i'SM'r{N VATXOUT NRITTEN PERMISSION OF THE 2p 0 210 400 A 440 M�•�, -__-___ DISTRICT No 7000 uEm.PROPERTY rw P.6Rvme mx?jGY - ; � P e PROPERTY MAP tYlrvYetl Aru 121A(c) -•+Pw•I.,. -- -- CONVERSION DATE:AW 15.2011