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Home My WebLink About1366 TOWN OF SOUTHOLD, NEW YORK DATE ..00t,.,...�j 1970 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1366 Dated September 10, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Stanley S. Corwin a/c Grace Raymond & Dorothy Abbott Appellant 124 Main Street East Marion, .New York Greenport, N. Y. at a meeting of the Zoning Board of Appeals on October 1, 1970 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 ( � Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.S.T.), upon application of Stanley S. Corwin, 114 Main Street, Greenport, New York, -i/o Grace Raymond & Dorothy Abbott, East Marion, New York, for a variance in Accordance with the Zoning Ordinance, Article III, SeotioA 303, for permission to set off lot with less than 100 foot frontage. Location of property: private right- of-way off iqest side of Rooky Point_Road, East Marion, New York, bounded north by L. I. Sound, east by other land of" Grace B. Raymond, south by private- right-of-way, west by Edna Bennett. Fee paid°$5.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVEM (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE L- � 0 ZONING BOARD OF APPEALS FORM ZB4 — 1 1 - ty, . .�� Ch rr an Doard o Appe s J%�, ore McDermott Secretary 3onihold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission for a variance in accordance with the Zoning Ordinance, Article III, -Section 303, for permission to set off lot with less than 100 foot frontage. The Board finds that there is an exceptionally unique topographical situation on the ground and adjoining the premises in question. In conveying lots on this map prior to the Zoning Ordinance the then owners did not follow, in many cases, the lot lines because of the topographical conditions. The Board finds that strict applicittion of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike In the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. TREREFORE, IT WAS RESOLVED Grace Raymond & Dorothy Abbott, last Marion, New York, be GRANTED permission to set off lot with less' than 100 foot frontage as applied foto on'ptoperty located: private right-of-way off west side of Rocky Point Road, East Marion, Now York, bounded north by L. I. Bound, east by other land bf Grace B. Raymond, south by private right-of-way, west by Edna Bennett. Vote of" the Board: Ayes:- Messrs: Gillispie, Bergen, H619e, Grigonis. i LEGAL NOTICE Notice of Hearings I, Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold,a Suffolk County, New Yorkz public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October lr 1970 on the following appeals- 7: 30 P.M. (E,D.S,T, ) a upon application of Stanley S. Corwin, 114 MainStreet, Greenport,, New 'Fork a/c Grace` B, Raymondz East Marione New York, for a variance in accordance with the Zoning Ordinance. Article ITI$ Section 303$ for permission to set off lot with less than '100fto frontage. Location of property's private right—of--way off west side of Rocky Point Roada' East Marion, New York* bounded north by L.I. Sound, east by other land of Grace B, Raymond, south by private right—of—way, west by Edna Bennett, 7:45 P,M, (E,D,S,T,) g- upon application of Edna Koubek,, 24 Champlin 'Placez East Islip, New York, for a variance in accordance with the Zoning Ordinance, Article Ille Section 303, for permission to set off lots with less than 100 ft, frontage, and for approval of access over private right— of—way ht- of -way in accordance with the State of New York Town Law$ Section `280A, Location of property: east side of Harbor Lane, Cutchoguez New York,, bounded north by W P Tuthill, east` by Eugene's Creeks south by S4 west by W3. S-t'f-kl i►v9 NOTIC~ OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or~ dinance of the Town of Southold. Suffolk County. New York. public hearings wUl be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York. on October 1, 1970 on the following appeals: 7:30 p, M, (EDSTJ, upon ap- plica tion of Stanley S. Corwin, 114 Main Street, Greenport. New York alc Grace B. Raymond, East Marion, New York, for a variancE. in accordance with the Zoning Ordinance, Article III, Section 303, for permission to set off lot with less - than 100 ft. frontage. Location of property: private right-of-way off west side of Rocky Point Road, East Marion, New York, bounded north by L. r. Sound. east by other land of Grace B. Ray- mond. south by private right-ot- way. west by Edna Bennett. 7:45 p. M. (EDSTI. upon ap- plication of Edna Koubek. 24 Champlin Place. East ISlip, New York, for a variance in accord- ance with the Zoning Ordinance, Article. III, Section 303, for per- mission to set off lots with less than 100 ft. frontage. and for approval ot access over private right-ot-way in accordance with the State of New - York Town Law. Section 280A. Location ot property: east side of Harbor Lane. Cutchogue, New York, bounded north by W. P. Tuthill, east by Eugene's Creek. south by S. Mitacchione, west by Hal'. bor Lane. 8:00 P. M. (EDSTI, upon ap- plication of George Ahlers. 250 Cox Lane, Cutchogue. New York al c Martha Milowski, Mattituck. New York.. for a variance in ac- cordance with the Zoning Ordi~ nance, Article III, Section 307, for permission to construct ad- dition to existing dwelling with insufficient side yard area. Lo- cation of property: north side of Sound Avenue to Middle Road, Mattituck, New York, bounded north by Middle Road, east by G. H. Riley Estate, south by Sound A venue, west by F. L. Danowski. 8:15 p, M, (EDST), upon, ap- plication of Robert Lenzer, Canal Road, Mount Sinai, New York, for approval of access over private right-of-way in accord- ance with the State of New York Town Law, Section 280A. Loca- tion of property: private right- of-way located off east end of Sound View A venue. Mattituck. New York, bounded north by land of the applicant, east by land of the applicant, south by land of the applicant, west by J, Michaelecko-Kontos, 8:30 p, M. (EDSTI, upon ap- plicatior. of G. W. Smith & Sons, Inc., Main Road. Southold, New York ale Paul Diefenbacher, Pine Neck Road, Southold. New York. for a variance in accord- ance with the Zoning Ordinance, Article III, Section 305, for per- mission to construct addition to eXisting dwelling with insuffi- cient front yard setback, Location, of property: south side of Pine' Neck Road, Southold, New York, bounded North by Pine Neck Road, east by Edw, LaFreniere. south by Fairview Park Sub, west by A. M, Mann, Any person desiring to be heard on the above applications should appear at the time and place specified, DATED: SEPTEMBER to. 1970 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFfOLK STATE OF NEW YORK } ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATrITUCK WATCHMAN, 0 public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch. /(j . I I. J man once each week for .....LM.."'.C.;.~.....l... .,;..... wee~ ~J/ successively, c~mmencing on the ............,.(.:"-!..................... '0' O'C"'~b'!(!' , :+ ') Sworn to before me this ........................ day of ...........~..~.~j;J......... 19.7(... I , / . .) ~ ~ I .. ./ ..........."'L_.f...i..tikp;;,;'..c.f..~l.)...~.L...... , Anu[ PAYNE rvot~ry PuU'c ,.,"! f . ,):".e I) New Yor1( :n S'Hr~!I:( County [' :;.~.1(:'1l nOD .n:nm,'ss,on f ~xpires March 3D, 1971 1T24 J~'~~~~~~S j.EOALNOT~ Notice of Hearings Pursuant to Section 267 of the Town lAw and the provisions of the a!ded Building Zone Ordin e of the Town of Southol " Suffolk County, New York, public1learings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New YQrk, on October 1, 1970 on the f9l10wing appeals: 7:30 P.M. (E.D.S.T.), upon application of Stanley S. Corwin 114 Main Street, Greenport, Ne": York a/cGrace B. Raymond, East MarIon, New York,for a vari~nce in accordance with the Zoning Ordinance, Article Ill, Section 303, for permission to set off lot with less than 100ft. frontage. Location of property: prIvate right-Of-wiW. off west side of Rocky Point "ltoad, East Mario",," Nj!w York, bounded north byL.r: Sound, east by other land of Grace B. Raymond, south by private right-of-way, west by Edna Bennett. 7:45 P.M. (E.D.S.T.l, upon application of EdIIli: 'Koubek" 24 Champlin Place, East Islip, New Vork, for variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to set off lots with less than 100 ft. frontage, and for "'apptovaJ of access over private right-of~way in accordance with the Statenf New York Town Law Section 280A. Location of pr: perty: east side of Harbor Lane Cutchogue,- New York, bounded north by W P Tuthill, east by Eugene's Creek, south by S. Mitacchione, west by Harbor Lane. 8:00 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York alc Martha Milowski Mat- tituck, New York, for. a v~riance in accordance with the Zoning Ordinance, Article Ill, Section 307, for permissiO!l to construct addition to existing dwelling with insufficient side yard area. Location of property: north side- of Sound A venue to Middle Road, Mattituck, New York, bounded north hy Middle Road, easi by G H Riley Estale. south by Sound Avenue, west by F L Danowski. 8:15 P.M.(E.D.S.T.l. upon applicatiO!l of RobertLenzer, Canal Road, Moun,t Sinai, New York..for approval'of aC!Ce88 over private right-of-way in .ac- cordance with the stale of New York Town Law, Section 280A. Location of property: privale right-of-way localed off east end of Sound View Avenue, Mat. tituck, New York, bounded north by land of the applicant, east by land of the applicant, sooth by land of the applicant, west by J. Michaeleck.............. . 8:30 P.M. (E.D.S.T.l, upon application of G. W. Smith" Sons, Inc., Main Road, SouthoJd, New York alc Paul Diefenhacher, Pine Neck Road, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance. Article Ill. Section 305, for permission to construct ad- dition to existing dwelling with insufficient front yard setback. Locstion of property: south side of Pine Neck Road, Soutbold, New York, bounded north by Pine Neck Road, east by Edw. LaFreniere, south by Fairview Park Sub. west by A.M. Mann. . Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: SEPTEMBER 10, 1970 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS25 COUNTY OF SUFFOLK. STATE OF NEW YORK. 1 f ss: J ...~~..c.:..~..... being duly Sworn. says that .. ~ . . is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said county; and that thE' notiet:. of which the annexed is a printed copy. has been published in the said Suffolk Week~ Times once in E'ach week. for . . .... .M\--!2..... . . . . . . . . . . . .. weeks S!1ccesSiv(;l~ oommencing on the . .:?<:~~~. ~ . . . day of . .~. ':.. 197<:. ~a.~........:~...... Sworn to before me this . J? :>,'tJ... . . . 1 . day of ..~"-<. 19)~. j . .T,~~..~y~............. '~i'~'"'''''''''''' . ANGTON CORJ'.~.;\o, F. L h\\C ~tllte c i.. ..0770500 Notftr1k t'o. oifidlll NMo'r~~ ~,lq{ ';)u{{o . . n E.Jlprres a c.o1l\ro1sStO FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No., ... ..:................ .......................................... Date ........ ................... -< .. ... .......`......... 19........ E ......... . '... .. ......... ..... .... ................................ PLEASE TAKE NOTICE that your, application dated ........ ............ for permit to oust � ...... ... L . at the premises located at .... _. .. ..... . ..... ......... ..... .............. Street - j Map ..... . .. : ... :..:" 31oc1 ....... ............................. ... ..Lot ......... is I . r e-with -and-disap�d on the following grounds ......... '. `:..._.;/�. ..:� .............:.'. ...... ..:. w.... . .. ? /.......... 4 e ..... .... : . ...... ��5 :. } d .,.. ............................... .. ;. Building Inspecto o TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /3i � DATE 9/10./70......... TO THE ZONING BOARD-OF APPEALS, TOWN OF SOUTHOLD, N. Y. STANLEY S CORWIN#.. ............ .of Gareenport, New York, attorney-in-fact .. .......... ......... ............................. Nome of Appellant Street andTlumber for Grace B Raymond anal Dorothy Abbott, ......... ............................HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........ DATED ..September 10, 1970 WHEREBY THE BUILDING INSPECTOR DENIED TO Dorothy Abbott. Name of Applicant for permit of Private Lane,., East,Margn�, 1Vew Yox;k;................ .. ........................ . ... . . ... .. .. . . . .. .. . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO SET OFF A LOT of less than 100 feet in width. 1. LOCATION OF THE PROPERTY ?rivate„right,of.way,; comprising.all but the southerly 55' ............. of lot 1 on Map of Lands of Marion F. met l#e�xaw R har on a Rpcl P int, ashMarion, NAY, boundledbno�i.er]� by L I. Sound; east- �xfy..an s u erly.. Y. ..�raae. ayxnan an wester y y na e eta, et ano. fm 4Vk*i0•Use Dist: "A", Residential & Agricultural 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3, §303. 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town taw Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal k(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) ( ( l 1 MINUTES ------- SOUTHom TOWN BOARD OF AP.PEALS f October 1, 1970 A regular meeting of the Southold. Town Board of Appeals was held at 7:30 P.M., Thu1'sda7, October 1, 1970, at the Town Office, Main Road, Southold, New York. There were present: Messrsl Robert W. Gillispie, Jr., Chairman; Robert Bergen, Charles Grigonis, Jr., Pred Hulse, Jr. Also present: Mr. Howard Terr7, BUilding Inspector. Absent: Mr. Serge D07en, Jr. PUBLIC BEARINGI Appeal No. 1366 - 7130 P.M., (E.D.S.T.), upon application of Stanle7 S. Corwin, J.J.4 Main Street, Greenport, New York, a/c Grace Raymond & Doroth7 Abbott, East Marion, New York, for a variance in acoordance with the Zoning Ordinance, Article III, Seotion 303, tor permission to set off lot with less than 100 foot frontage. Looation ot propert71 private r1ght-of- wa7 off west side of Rocky Point Road, East Marion, New York, bounded north b7 L. I. Sound, east b7 other land of Grace B. Raymond, south b7 private right-ot-wa7' west b7 Edna Bennett. Fe. paid $5.00. THE CHAIRMAN: Is there an70ne present who wishes to speak for this application? MR. STANIEY S. CORWIN: application, which I made. I would like to speak in behalf of the It would save a lot of tima if I thought ( ( l . ,. -2- ,.ou were tamiliar with the dtuation. Ma,. I assu\llB ,.ou have been to the site? THE CHADU1AN: Yes, I have seen the site. . ur; CORWIN: I don't know whether ,.ou were there with an,.one tamiliar with the lot lines. At least as tar as the easterl;y ,,~.mdIo.J:i I-=, ~onoerned, there 18 a natural boundar,- line made b,. a talling ott. On the westerl;y boundar,- line there is a third part,. ownership, Edna Bennett. The propert,. on the west is not owned b,. Graoe Raymond. It we are going to keep 100 teet as a requirelll8nt, it would have to be oarved out. This doesn't make a natural lot. I would ask ,.ou to give a not inoonsiderable weight that this was a pieoe ot propert,. on a subdividon map. THE CHAmMAN: When was it originall,. tiled? MR. CORWIN: In 1927. AlthoUi)b.. teohnioall;y, the Building Inspeotor 18 oorreot in assuming that when Mt's. Raymond and her late husband bought the propert,., which was ad3acent to propert,. on the S.ound, there was not an,. intention ot incorporating the larger propert,. which was lighthouse propert,., we think this 1s a case where a variance should be granted. , THE CHAmMAN: Does an,.one else wish to speak tor this application? (There was no response.) THE CHAmMAN: Is there an,.one present who wishes to speak against this application? (There was no response). THE CHAmMA:N: Does an,.one have an,. questions? MR. BERGEN: I was wondering it the area is about 20,000 sq. tt.? (Mt'. Corwin and Board \lIBmbers reterred to the Map). . THE CHAmMAN: The surve;yers do not indicate the exact acreage probabl,. because ot the tact that there are irregular lines. It is aver,. exoeptional pieoe ot propert,.. I figure there 18 about 20,000 sq. ft. or plus. There is no difficult,. about aocess is there? MR. CORWIN: No. MR. BERGEN: How do the,. propose to divide this lot? MR. CORWIN: I don't understand the question about dividing the lot. It is not going to be divided. ( ( l ;1 , I' -3- THE CHAmMAHs This piece here, (referring to map), wu always leased as a sUlDllll!lr residence. This i8 more or less a natural boundary because of the rocks. It seems like a reasonable applica- tion. This will also give the house a decent sideyard which will improve the value of the property. EDNA BENlmTTs The right of access 1a deed. I am perfectly w1l1ing and able to. the west of this line. MR. CORWINs You were conspicuously silent. I thought it might be helpful it you stated that you were in favor. granted. It is in the I own the property to MRS. BENNETTS ot course I am in tavor. Ml"s. Raymond is rq sister, and Mrs. Abbott is one of rq best friends. THE CHAmMAHs Is there anyone else present who wishes to speak at this tilll8? (There was no response). After invest1gation and inspeotion the Board finds that the applioant requests permission for a variance in acoordanoe w11lh the Zoning Ordinanoe, Artiole III, Seotion 303, for permission to set oft lot with le88 than 100 foot trontage. The Board finds that there is an exoeptionally unique topographioal situation on the ground and adjoining the premises in question. In conveying lots on this map prior to the Zoning Ordinanoe the then owners did not tollow, in many oases, the lot lines beoause ot the topographioal oondit1ons. The Board teds that str10t applioation ot the Ordinanoe would produce praotioal ditt1oult1es or unneoessary hardship, the hardship oreated is unique and would not be shared by all properties. alike 1n the ilDllll!ld1ate vioinity ot this property and in the salll8 use district, and the varianoe will not change the oharaoter ot the neighborhood, and wlll observe the spirit ot the Ordinanoe. On mot1on by ~. Gillispie, seoonded by Mr. Bergen, it was RESOLVED Graoe Raymond & Dorothy Abbott, East Marion, New York, be GRAN1'ED permission to set ott lot w1th le88 than 100 toot 1'rontage aa applied tor on property looateds private right-ot-way oft west side ot Rooky Point Road, East Marion, New York, bounded north by L. I. Sound, east by other land ot Graoe B. Raymond, south by pr1vate right-ot-way, west by Edna Bennett. Vote ot the Boardl Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse. ******** ,,,......,-,,--~,, .. .__.~~...-~...~ ~....--".___" I - ...... ..... - CORWIN AND GLICKMAN ATTORNEYS AT LAW 114 MAIN STREET GREENPORT, N. Y. 11944 TBLBPlIo1lf1!l :nn . 4'77.0800 STANLEY S. CORWIN SAMUEL J. GLICKMAN SepteDlber 10, 1970 Mr. Howard Terry Building Inspector Town of Southold Southold, NY 11971 Dear Mr. Terry Attached to the enclosed appeal, subDlitted in duplicate, is a contract for the conveyance of a parcel of land at Rocky Point, East Marion, New York, and a sketch of the preDlises and the adjoining properties. Parcel I as described in the contract is all but the southerly 55 feet of the larger plot of land acquired by Grace B. RaYDlond and her late husband in asseDlbling a larger tract west of the northerly end of Rocky Point Road when the then owner, wishing to sell, specifically asked the RaYDlonds to purchase. For upwards of 25 years the land cODlprising the easterly 40 feet of Parcel I has been considered and used as a single lot. PerDlission is asked to set off this lot notwithstanding it does not have a frontage of 100 feet. Your attention is called to Parcel II and the provisions of the contract relating to it. The westerly line of Parcel II is part of the easterly line of Parcel I. The balance of the periDleter substantially follows the contours of the land adjacent to Parcel I on the saDle topographical level with it. Please consider this as an application for the setoff referred to, Dlade on DlY be as attorney for the parties to the said contract, Grace B. RaYDlond a or hy Abbott. Stanley S. Corwin ssc/cck - .-- II , REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary HARDSHIP because of the exceptionally unique topographical situa- tion on the ground and adjoining the premises in question. The premises comprise all but the soufherly 55 feet of a lot 52 -1/2 feet in width and approximately 400 feet in length which is shown on a filed map referred to above. In conveying lots on this map prior to the zoning ordinance the then owners did not follow, in many cases, the lot lines because of the topographical conditions, and because as the use of the right of way continued, with the resulting erosion in an area where there are exceptionally large rocks on or near the surface the actual travelled road was moved by user from the area shown on the filed map. The easterly 40 feet of the premises together with 55 feet of the property south of it (comprising the easterly 40 feet of lot 1 shown on the map) were in single and separate ownership at the time the ordinance became effective and were used for years as a summer residence. The property is improved with a frame bungalow. Strict application of the ordinance here would result in a situation where be- cause of the topography the property OWller could make no reasonable use of any other than the premises sought to be conveyed. 2. The hardship created is tiN'IQUE and is not chared by all properties alike in the immediate vicinity of this property and in this use district because of the topographical conditions referred to above. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the situation that presently prevails on the premises and in the vicinity is static and has been long continued. Attached hereto and made a part hereof is a copy of a contract of sale between the parties to the transaction for which the appe~lant is acting as attorney in fact. The Board is asked to take administrative notice of the deeds of record affect- ing the map of property of Marion F. Richardson and of the devolution of owners of property of Grace B. Raymond immed" ,ly to the east 0 remises for which " . ht I a varlance 1S soug . ' ~anleY S. Sworn to before me this lOnday of September 1970. L~j~l<-fl--- CORNELIA C. KEOGH NOTARY PUBLIC, State of New YOrk No. 52.2093290 Qualified in Suffolk CountY4lf/ ll"erm Expires March 3D, 19.1..: : I~ .t. , . , i j 1 , I' ,! , i' , I 1 I. It 11 , 'I It ) 1;1 i, i t ! t f , !1 Ij I j j 1 , ; 11 , , r II j I i I 1 \ I t I I, 1 Il - 'I. - --r- (~~ " This Agreement made the L day of ~1970, lH'tweenGrace B. Raymond, residing at (no street number) Rocky Point Road, East Marion, New York, hereinafter described as the seller, and Dorothy Abbott, residing at (no street numlJer) Rabbit Lane, East Marion, New York, hereinafter described as the purchaser, Witnesseth, that the seller agrees to sell and cO}llvey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land with the buildings and Improvements thereon erected, situate, lying, and being at East Marion, Town of South old, County of Suffolk and State of New York, bounded and described as follows: PARCEL I: Beginning at a point on the easterly line of land of Edna Bennett and Marie Wheeler, distant north 13030'00" west, 55 feet from the southeasterly corner of said premises, and running thence north 13030'00" west, along said easterly line, 350 feet, more or less, to the ordinary high water line of Long Island Sound; thence in a southeasterly direction, along the ordinary high water mark of Long Island Sound, about 63 feet to a point; thence in a southerly direc- tion' along the easterly line of land formerly of C. J. McCann, through a concrete monument and through a hole cut in a large rock, about 325 feet to a point; thence south 76030 '00" west, 52.25 feet to the point or place of beginning. PARCEL II: Beginning on the easterly line of land formerly of C. J. McCann at the point marked by a hole drilled in a rock, and running thence , in a northerly direction continuing along a fence to the point where it turns north- westerly toward the concrete monument on said line near the top of the bank; thence continuing in a northerly direction, approximately parallel with said east- erly line of land formerly oCC. J. McCann and along the easterly side of a grassy area from the top of the bank to the foot of the bank and the northerly edge of the cultivated area; thence in a northwesterly direction, along the foot of the bank, to a point on the easterly line of land formerly of C. J. McCann; thence southerly, along said land, to the point or place of beginning. Parcel II is to be conveyed SUBJECT to an existing mortgage on a larger parcel of land of which it is a small part. TOGETHER with a right of way from the southwesterly portion of the premises about 700 feet to Rocky Point Road. SUBJECT to any state of facts an accurate survey might show, providing same does not, render title unmarketable; covenants, restrictions, easements, agreement,ll" ' reservations, and zoning regulations of record, if any, p~v~~ same do not ~ prohibit present structure(s); purchaser obtaining, within_~ weeks from the d te~. hereof, a firm commitment for a mortgage of 66"/0 of the purchase pri ce as here- inafter provided. The Seller agrees to make prompt application at the Seller's Expense to obtain a variance from the Zoning Appeals Board of the Town of Southold and approval of the Suffolk County Health Department. . ~ ~';..: t, - - . . . . '~I 000 ~l'1t \.e-\.ltt~\. ~tA..d..J.,C11~ The price is ~ payable as follows: ff'Fo'O on the signing of this contract. y check subjeqt t!;> ,,c:ollection, the receipt of which is hereby acknowledged, and the balance of $~ in cash or good certified check on the delivery of the deed as hereinafter provided. .~. ' ~i?1 II. dd"" The purchaser shall have the upportunity to purchase Parcel I for ~O an v,.' defer the acquisition of Parcel II until such time ,is the seller is able to secure ~ a release of part of the mortgaged premises. If the purchaser elects to acquire Parcel II at the closing, taking it as hereinabove provided, subJect to the existing mortgage, the seller agrees to make the payments of principal and interest due on said mortgage as the same become due and until the said mortgage is paid in full or until the mortgagee executes and delivers a release of part of the mortgaged premises covering said Parcel II. In the event the purchaser elects not to purchase Parcel II until such time as the title is free and clear of the existing mortgage, she may purchase the same for $1,000 within 90 days after either the mortgage is satisfied or a release of part of the mortgaged premises is executed and delivered. If, after having been notified that the premises are free and clear of the mortgage the purchaser does not exercise her option to purchase Parcel II within 90 days after notification thereof, the purchaser will be deemed to have abandoned the option. The pro- visions of this paragraph and the paragraph immediately preceding shall survive the delivery of the deed to Parcel I. f , Iii I"'~ I'"~ i '~ ~ ti I.l). I " fit" ,J""", h,.wi./ ~.. ""II.>,i,t /nrf""{',':\ "",}".thr """1 \',u r...J, - - ....... .do.... ..- .-., " Ii The d<<d .hall be the u.ual barplD aDd _1.. witb clWenant. [II,. derd In pro~r statutory shorl form for record and shan be duly ":{I'" ulf"d, ;l( klluwledged, and have revenue slamp~ in the proptr amount affixed thereto by the ~lIer. at the seller's expen't' ~L1 to rOllWY 10 the purchaser the fee simple of the said premises. h,.c of .11 encumorances, except a$ herein ')laled. and ~halj <1>.0 contain the covenanl required by subdivision) of j &clion 13 of the Lien I.aw I I ~Ihe d05lnl of the litl,. the ~lIet1lhall del".er to IhepuTchaSo(f a ler~d {beck 10 Ih" ordn of the C'2[ Treasurt'T for Ill", ~unl I of... Real ProPf'rty -, ransler iax.,j,mpo'l('d by Tlllr I of ChapIn 4.f4.of th~ Aclnlllll;,lrdllve Code oL!h~ CIty of i'\t'w rl anAil! also ckbver to the purcha~h~ return r~quir~d by the ~<Jld _'.ule and Ih~ r("gulallom Issued ~rsuant 10 th~ duth 'Iy II thereofX(luly slgn'rod and sworn to by IlJr~lIer; the purcha~r a~rl:'n Il ~* and swear to the said returnltd to cau5C the sa*, c~ck an~he said return to ~ deliver;d'1r the City Register promptly ..tfte*e closmg of the title. r hI" seller shall gi\o't' and thl' purcha.ser shall ,,(( ('pi such Iltle..t' any title compan)1 d ffit'mhrr "j tfw Nt'w York BUHd oj Iltlf' lndt'twult'rs;_ will iIoppro\t' dnd !Owt(' All sums paid on account of this contract. .~~ t~ reasonable exptn~s oJ the examlna1ion of the title to said premises and of the survey, if any, made in connection therewith are hereby made li~ns thereon, but such liens shall not continue after default by the purchaser under this contract. All 6xtures and arttcles of personal proptrt)' auuhed or appurtenant to or u:-t'd in connKtion with said premises arc repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated. and are included in this sale; without limitins the generality of the foregoing. such 6xtures and articles of personal proptrly include plumbins. heating_ lighting and. cooking fixtures. air conditioning 6stures and units. ranges. rdngerators. radio and television aerials, bathroom and kitchen cabinets. mantels. door mirrors, venetian bhnds, shades. scrrens, awnings, slorm windows, window boxes. storm doo". mail boxes. weather ".nes. flaBPOles. pumps. shrub~ry and outdoor statuary, The amount of any unpaid taxts.assessments, water charges and ..eWt"f rrnts which the seller is obligated to pay and discharae. with the interest and penahies thereon to a date not less Ihan two bUSiness days ailer the dale of dosin. title. may al the oplion of the seller be allowed to Ihe purchaser out oflhe balance of the ,purchase price, provided official bills therefor wit" interest and penahies thereon 6sured to said date are furnished by the seller al the c!osmg. I f at the date of d05ins title there may be any olher liens or encumbrances which the seller is obh@;dted 10 pay and dischaqz:e. the seller may use any portion of the balance of the purchase price '10 satisfy the same. providrnlhf' srller shall hue dellvrred to the puKha!lof'r at lbe dosing of tille instrumenlS in recordable form and sufficient to satisfy such !l('m and encumbranc('~ of record. togelher With lhe (O,~ of recordinK or 61ina SaKllnslruments. The purchaser. if request is made WIthin a rra~nablr tlmr prior to the date of closinc of title. agrees 10 provide al the closing .separate certi6ed checks as rrquested. aggregatlllg lht' amount of the balance of the purc"ase price. to fAc.ilitate lhe satisfaction of any such liens or encumbrances. The eXIslf'llCe ot any such tues or other lien. and encumbra~ ,hall not be deemed objeclions to title if the seller shall c:omply with th~ fore~oin~ requirements. If a search of, the tide discloses judgments. bankruptcies or other rrturns agamn oth~r penons having names the same as or similar to Ihat of the seller, the seller will on request deliver 10 the purc.haser an affidavit showlRR Ihat such judgments. bank. ruptcies or other returns are not again\t the seller. In lhe event that the seller i, un,lble to convey title in accordance With the lerms of Ihis conlract. the sole liability of the seller will be to refund to the purcha5er the amount paid on accollnt of thl'- rUt( ha~w prlle and to pay the net co,t of examining the litle. which co,t is not to exceed lhe charte~ fixed by the !\ir-w York Hoard of I ,tie Underwntt'r5. and lhe nel cost of any survey made in connection thereWIth incurred by the purchaser. and upon !ouch refund and paymenl being made this contract shall be considered cancded, Th deed .hall be delivered upon lhe receipl of .aid paymenl' al .h. otl,ce of Corwin & Glickman. Greenport. New York, or the lending inatitution. on or before Oct~~r 15. 1970. II' ~ Th parties aar<< thaI no broker brought .bout Ihls sale and lhe seller agrees 10 pay the commiMion at the rales established or adopted by the Board of Real Estate Brokers in the locality where the property i. siluated. It IS understood and atreed that all understandings and agrremeflt~ ~l"'''l()fnrl'' had bt'twun the parties hereto art merged in this I <onlract, which alone fully and completely expre$!es then agrel'mr-fl' d~,d dH: It.p ~<lme is enlered Into aher full investigation. neIther party relyina: upon any statement or repreSC'nlation. not emh()filt'd In 1ft., . ,-,II!I<l' I, made by the ol~r. Thr- purcha5er has II 1O.pcc.ted the buildings 'tandlnS on said pr~miS("s and I~ thoroughly acquamtf'd wtlh their condition, i, "[lus agreement may not be: changed or terminated orally. The ~[ipulatlol1~ aforesaid are to apply to and bind th~ heirs, Ii executors. admmistrators. SUCce$50fS and iilS:\lgns of the resptctlve 1'..tllf'S. Ii II II II II II II If two or more ptrsons constitute ellh~r the St'lIer or the pUr< I:" construed as if it reed "sellers" or ....purch.sers.. whenever the srn'\t'd 'I,,, ~~ord "~eller'. or rhl" ~ord "purcha5er" shall be lh!'\ agreemronl so reQUlre1 IN WITNESS WHEREOF, th.. .grttmfOnt- has been duly tXf't;!i,,, hy lhf' p.u'''':S herelo. In preie'nce of; \~ -,., 'I.) Q ___~>"4'" $...._:tCU-4-Jk:'~ ___ , seller /// _ -'7~' ~; //" / -----~~fT~ --pii'rcha_-r------ MAP OF PROPERTY SL-R,VE:VED FO~ lDOeOTHY ABBOTT l>.T EAsT MARIO,'.) Towl>J OF 50.JTHOLD,t'-~.'( ~ , -- - , Q" mo.,....""........ Nott!; Pate.' O~ it pa.... of lb+ /oJ"', 'She-'^'"....I'l' "'Mer of fw'\o"':Qrl 6.ll.ktT""'t'l:>(.o..f, +':J"a in ....,,p S.....f.;:"'i!<. C<:l..mt,~ n~,.-k'~ oft,u O~ r-Aop' t-JA as'9. s........,..~ *1"""'''''''' to, l"?)l'O V/HJ Tlrn. 450'" iZ.. V_'f~ L.lu..~..d L."M.:l SUI'''*''J'O'''S ""~"'f'<:t1"'f' ~Yorl<. , .~) ,. 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",# t;. ~,.. ....." ~~ , ,i:;Z; 1;.' "i ~ '.;~ 'e,;t%~F,.}';k ~ =!L ~ <<r",< <~;W~:. ~ ,4' ~ 1 , (, o~ V ~ N I ~ f1 \ S " , ~, , ~- F j -l''''~ 1.1 C '0 ;:<- V .J"~ l...I -1- 6 .~ fve .. 1"1 \i '\ ...' \ e u .-i C)z: '\ ,'0 "l "" 1', c., '" r" .-' \ \ .... , i ! I' 0 I ( , 0 I' ~ r:t I L_H___ 1 'i ~ :1 l r~-- orl rJ' ~ F-->\ \"-' '\b. ~ z - - () -. {l. ~v.q- VII!.W Au. / eV G{<"P t )-. , I . I ! ~ I J I 1 ~ 0 I 'pi , /" I h I / , '~ I I i I \ I \ I \. I , I I , ~ ----.-- , , , ~~ ~\GH" ,t WAy -- L// _ ____________L __________ .._ ;.." ~.~. .'" .\..0- " MAP OF P~OPE~TY 5t.J"vEVl!O F02 D0120THY ABBOTT AT ' EAST MA~ION Tow,,", OF SOWTHOI..D,NY .. w r ~c..lll' "30'= I'; CiJ ~ t'l'tO., u nt....t ~ t<Jo1w: Pd,.c~l 0... is p<ll"+ O'f lb+ "'8 I, S~..'^'" c>" "~p oof' ~~ 4r, It'd1..,.,,,~ fl~4 i"+1v Sv~olfC. (:OlJnt~ C~,..Ic's O~Jc.p U Mop' ~ .5'9, .. . 5u~ ~""'fO;, ..."to . -VI/t.N 3UV&" ISO#tit i2..\(~~~ - . ,.t, L.~..~ Unot' $-411- C2~""""" ~Y....1c. -' IN I - -- - ' - ~") I ..... - .'. .,.. ..~-- \c. ~ ~. -- ~ ~ ...l& ._ "lol' -- _ -~O;" kO ft.... ,/'"'' ~i-tft /('l-O~~'" . , , , \ , ... , ~ i I I , \ : , , ' I ... ' .l: I r I fll : I 1 , < () 1.- ~ '-~ tJ aEACH 1II .J , " 1II o <5 iii 10 , PAJ:Z.C E L. Ot-JE ~ , & ~ ~ '2 , r - - / ~ < , :'~ III o ' ,3 ~. ~ . ~ .s- o;) <... 1.- o. \. " , "', .... '" \ P'ARc:e:L , .... ,- " . , f:! '- 1'1 (I . "...~... IqA- .. ~~~ I ltta'1 fl"o>t1# u~ ".', . a . .iii- .~ .~ '. '. .. - .lA "'-'... ) .C:::I*' Mo.... 'j 5."'1'6- 10''''''- $~. IZAYMOND . -~_. .. . o .' ill I I , , I ZONING BOARD OF APPEALS '-, YOWN HAI.L '\ MAIN ROAD . S. R. 25 . ~THOW, N.Y. ue71 Al+\cHded. Sep1", 24, \9'1'0. \ \. \, ... II ii w "':-r.~.";....::., \I' "I..-", ... It. 1lI Q '2 o ~ >- 1 1 I' ,,~., ,. .. ~, ,~ ,