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HomeMy WebLinkAbout1052 TOWN OF 8OUT~HOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1052 Dated January 30, 1967 To Esq. DAT~,~.b..... ,ltl,.. 1967 Lefferts P. Edson, 51755 Main Road Southold, New York a/c Mary Elizabeth GoetschiUSAppenant and others at a meeting of the Zoning Board of Appeals on Thursday, February 16, ( ) 1967 the apgeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) -, be d~nied pursuant to Article .............. Section ................ SUbsection ................ paragraph ............. of the Zoning Ordinance, and the decision of the-Buildi~ ~Inspecter ( ) be reversed ( ) be confi~'med because- 8:20 P.M. (E.S.T.), Upon application of Lefferts P. Edson, Esq., 51755 Main Road, Southold-, New York, a/c Mary Elizabeth Goetschius and Others, for recognition of access in accordance with the State of New York Town Law, Section 280 A. Location of property: private right of way off east side Cox Neck Road, Mattituck, New York, bounded north by Miller's Right of Way, east by George A. Hammond, south by Mattituck Creek, west by land now or formerly of W.H. Wertenberg. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict atYplication 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 proDerty and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~vould not) change the character of the district because SEE REVERSE and therefore, it was further detmTnined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. PeRM ZB4 Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the appellant requests permission to construct a right of way to be twenty-five feet wide and approximately 250 feet lon~. The Board grants permission for a private right of way at~ distance of 300 feet from Miller's right of way, a twenty five foot right of way extending approximately 250 feet easterly to the premises which would give access to proposed parcel number four as proposed in the survey by the Alden W. Young, dated January 18, 1967. It should be clearly pointed out that · the documents in the files do qo~. i~iqa~e, whether or not the applican~ has the tight to us? the so-called D~r Path Road Right of Way,. There sha~l be at least a sixteen foot ~learance. for ,the passage of emergency vehicles. The Board finds that stz~ app%!~ation '0~ ~the Ordinance willprodqce practica! difficulties ,or unnecessary hardshiP; the hardship created is unique and woul~ ~ot be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED that Lefferts P. Edson, Esq., a/c Mary Elizabeth Goetschius and Others be granted recognition of access on property located on private right of way off the east side of Cox Neck Road, Mattituck, New York, as stated herein above, and as shown on the survey map by Alden W. Young, map dated January 18, 1967. This right of way shall also be subject to the final approval of the Southold Town Building Inspector. TOWN OF SOUTHOL. D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./tl ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,~ as attorne ' .c-L 1, ~ L~.£f~r.ta..~. ..... E.~som ........................ oW ..... ~.lT..$.5..M~.~...g.o.~ ................................... Name of Appellant Street and Number .....S..~..u...t..h...~..~...d.~.....T..~..W.n.....~...f..~..S.9..u...t..h...~..~..d.~' ............................ .N..e..~....Y..o...r..k. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD O.F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Florence W. Martin Martha W. Hanssen Name of Applicant for permit Klaus Beier and Marga Beier ..(A S..oShOWn.. an...c ont r.a gt.. at.taghe~.. Ae r.e.to) ...................................... Street and Number Municipality State land for more than one building lot. (X) PERMIT TO USE of the ( ) PERMIT FOR OCCUPANCY ( ) 1468 .feet easterly of LOCATION OF THE PROPERTY ..~zl.1..Road...on..~zl.l~..~' · , ...................................... ~eszflen=za±: ........ oStr~e~ty~,~ Use District on Zoning Map Right Iv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous' appeal ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was C ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ....Janu,ar.y....3.Q ..... ~.~.~.7. ........................... REASON FOR APPEAL (~X) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that the premises are not located on an existing highway', nor do the premises constitute part of a filed map, thereby making it necessary to make this application for a right of access to and through the premises which will result in an ability to divide the said parcel into four building lots. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would otherwise be necessary to subdivide this property in accordance with Section 276 of the Town Law which is an expensive and time-consuming process intended primarily to con- trol the development of large areas. 2. The hardship createdis UNIQUE andis notshared by all properties alike in the immediate vicinity ofthis property and in this use district because this one parcel of land is approximately four acres in area and is presently being used by one resident, thereby restricting the land use in an unnecessary degree, whereas a similar parcel located on an existing highway would be able to be divided as a matter of right. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subdivision of the parcel herein requested will result in four parcels of greater area than presently required under the Southold Town Zoning Ordinance for residential purposes. Such a division would be entirely consistent with the other residential uses in the area. Mary Elizabeth Goetschius Florence ~. Martin Martha W. Hanssen Contract Vendors Klaus Beier ) Contract Marga Beier ) Vendees ~~(BY t~eir attorn~ey) COUNTY OF Suffolk ) Signature . Lefferts P. Edson Sworn to this .......... .$.O,,~l% .......................... day of ..........J. an.uar,.y.. ............................ 1967 ............ MADELYN M BAKER NOTARY PUBLIC State of New York No. S2-0138300 - Suffo~ County Term Expires M~rcn 3C, ]96...~ / LEGAL NOTIC~ side Main Z~ad, Greexq~ort, New Notice of Hearings York, bounc~d nomth by J. Brandl, Pursuant to Section 2~7 of the east by A. Strau~ner, south by Tow~ Law and the provisions of aW_sin l~ad, w~st by Kszymlnskl; the amended Building Zone Or- 3) a directional sign on the north dlnance of the T~wn of Southold, east akie Main Road a~l Boi~eau Suffolk County, New York public Avenue, So~t&,old, New York, hearings will be held by[bOunded north ~y C. E. C~chran, the Zoning Board of Al~peals east by Alex Komskts, soath by of the Town of Southold, at the l~ain Ro~d, we~t by Bois~oau Ave- Town Office Main l~oad, Southold, hue. New York, on F~bruary 16, 19~?,~ 9:45 P.M. (E~,T,), on ~the foll~ving appeals: cation of Peter S~,~I~, Inc, 43 West 7'39 P.M. (E~qT) Pursuant ,to[10t21 Street, I~ur~tingto~. Station, Sectwn 2~?, s~bdlv[~ion 6 of the ~eqv York, a/c Joe's Garage, Man q~wn Law of the S~ate of New York, oh the Board's motion, rehearing on Al~eal number 1006 ~bides, 1~0 ~ntral Drive, ~uck, N~ York, for a variance ~ck, Ne~ York, for a v~a~ in d~a~e, Article IH, S~tion Su~tlon 6, ~t~le ~H, ~ction ~, for ~ion W retain an ~e~ b~ing in ~e front y~d ~ea ~t~on of ~ro~rty: tituck, N~ York.. c~tion of ~o~ B. Griffin, 36 Bal- with tRe Zoning O~d~a~e, Arti- cle III, ~ction 307, for ~rmi~ion to co~t~ct a dwell~g w~th in- ,~fficient side yard area. L~- tion of pro~rty: east side Knoll- wood Lane, Mab~it~ck, New York, ,bounded north by W~allace sell, e~t by Salvatore Siracusano, ~outh by l~d now or fomerly ~ax and Betty L~wenh~dt, we~t by Kn~llw~0d Lane. cation of ~oward C and ~atilda Bigg, Ha~atem ~ad, N~sau Point, Cu~o~, New York, ~r a Zon~ ~dinance, Ar~icle III, Sec- ~on 3~, a~d Article X, Section I~OA, for ~rm~ion to set off a parcel of l~d with i~uf~cient Iron.ge and area. ~ation ~o~y: north east side Haywa- ~rs ~ad, N~au Point, o~e, New York, lot numar 2~, Peco~c Bay ~operti~, Inc. cation of Willi~ B~e, New ~olk Lane, Cu~ho~ue, N~ York, for a re~gn~tio~ of a~ess in ~- ~r~nce ~th the State of New Y~k Town ~w, ~ction ~0 A. ~ocation of proserty: ~uth side Wil~n La~ing and WiMon C~o~'ue, New York, ~d~ nor~ by Wl~0~ ~n~, e~t by ~d of ~plicant, ,~outh by land of ~ler, west by ~genes Creek. 8:20 P.M. (ES.T.), U~n appli- ~tion, of Leffer~ P. E~n, ~., 51755 Main Road, S~ut~ld, New ~ork, a/c Mary ~iz~th G~chi~ ~d ~hers, for rec~- ~e S~ of New York ~o~ Law, ~ction ~A. L~tion' of p~r- ty: private ~ght of way off ~ide ~x Neck R~d, Mattithck, ~ew York, ~ded nor~ by ~l- ler's ~ght of Way, e~t by George A. ~mond, ,~outh by Mattit~k Cr~k, west by land now or for- merly of W. H. Wer~nberg. Ro~d, Orient, N~v York, for a cial e~ception in ~ with the ~ning O~nce, ~e ~tion ~, S~tio~ (a), ior ~rm~n ~ r~n a ~le sign wl~ ~fflcient ~k fr~ the pw~rty line. ~tion of e~y: no~ s~e ~ ~, lent, New York, .~u~ north by ,Ra~I1 T~r, east by R~H Ta- bor, ~uth by ~ ~ad, ~st by ~r~ Te~ $:~ P~M. (E.S.T.), U~n a~Ii- ~tion of P~ ~o11, Inc, 43 W~t 10th S~r~t, ~t~g~n S~tion, N~ Y~k, a/c ~t Sch~ker ~t, ~a~ ~, ~ttituck, New York, for a ~1 exc~tion ~or~ wi~h ~e Zo~ Or- e-ce, Article ~, ~cti0n 400, ~ub~ct~on A, ior permission to ~e~a~ a ~le ~n with i~ufficie~t ~th~k from the pro~rty line, L~ation of property: sou~ side ~ain R~d, ~atti~uck, New York, ~bounded ~o~h by ~ain ~ad, east 'by ~atti~ck Sch~l Prap., by ~o~ra~ ~lko, west by ~a~ Cox. 10;~ P~. (E.~.T.), U~on appli- ~tion of Peter Scholl, Inc., 43 West 10~ S~t, H~tington tion, New ~rk, a/c Avere~te Ser- v~ S~tion, Main ~oad, South- ,old, New York, iora sp~ial ex- .ce~tion in a~ord~nee with the Zon~g ~e, A~icle IV, Sec- tion 4~, Sub~ction A, for per- minion ~ ~in a ~le sign with in,~ficient se~b~k f~ ,~e prop- e~y line. ~cation of pr~er~y: sou~ side ~n ~oad, ~uthold, New York bo~ed north by ~in ~o~, e~t by Y~gs Aven~e, sou~h by ~a~ Go~ud, west by T. ~h~oefer. 10:10 P~M. (~.T.), U~n appli- ~t~n of ~ewon Oil Co~ny, 1200 S~ St~t, Perth ~y, N~ Jersey, a/c Che~y',s Se~ice S~ation, ~in ~d, SouthoM, New~ York, for a ~cial exception in l ac~o~da~e with ~:e Zo~g dina~ee, A~i~e IV, ~ction 403, S~h~.ctt.on A, for ~rm~sion ~ re- ~ a pole s~n w~h insufficient~ sethack f~om ~he pro~rty ~ation of pr~rty: Ma~ and~ ~i~ R~ds, ~u~old, New' York, ~unded north by ~in ~ad & Ba~ ~, e~t by ~w R~, ~uth by Jose De- ~, west by M~n ~ad. Any ~rson desi~g ~ be he~d on ~y of ~e above applications ~9~d ~ar ~ the time ~d ~ ~ve s~fied. ,~D: ~'~U~Y 2, 1967, BY ORDER OF ~ ~O~ · O~ ~RD OF ~P~ ltF10 . .~.. <~:<..c:%. :?.~.. .... being duly Sworn, 'tinter and Publishe~ of the SUFFOLK qspaper published ~t Greenport, in said ~tice. of which the ,~nexed is a printed ~ed in the ~id Suffolk Week~ Times ...... ~: ............... week~ ag on the .. ~.~ ............. ......... ~is ZC~,.,... ~ t -:~ ~.~ ~ . ~, ¥~.~ . . .~ .... J.. :~ g~. .... e~tl~n of H. M. Demar~t ~ ~ns, ~ ~, Orlent, New York, for ~ a~ial e~ceptlon in a~nce ~ith the Zo~ng Or~, A~i- cie X, Section l~3A, bui~s ~to hou~ f~rm help. ~n of pr~rty: north side ~a~ow ~iver ~, ~nt, New York, ~u~ed nor~ by F. J. Mil- ler & O~ers, e~t by George L. E~wa~ ~t., ~uth by Narrow ~iver ~oad, we~t b~ land now or formerly of ~tdnger-Freemann. 8:45 P.M. (E.S.T.), U~n. appli- cation, of G~rge ~ers, Cut~h- eg'ue, New York, a/c Edward ~l- let, 19 ,Marshal Avenue, Floral Park, New York, for a variance in~ accordance with the Zoning Or- ~n~ce, ArSicle III Section 300, ~ub~ction 6, ~or permission to erect a private detached garage~ in the front yard area. Location~ of praperty Arshamomaque Ave- hue, Som~old, New York, lot num- ar 14, Beixedon ~states, South- old, New York. 9:00 P.M. (E.S.T.), Upo~ appli- cation of John A. Polywada, Main, ~oad a~d Hobart ~aad S~u,thold, New ~rk, for a special exce~tion~ in a~rd~ce ~igh the Zoning Or- ,alliance, A~cle ~ Section 408, ~ub~tian (b), f9r per~s~on to~ cati:~a of probity: sarah west corner of Main ~ad a~ Hobart~ ~ad, S~t~ld, New York, b~d- ed ~o~h by ~in Road, e~t ,by Ho~rt ~, ~th by Th~ ~ur~h, w~5 by ~s W~maka. ~tion of ~u~d ~ore ~tel and ~ou~ View ~s~u~t, Gr~n- ~, New Y~rk, for a ~ecMl ~tion in a~r~ce wi~ ,the s~: t) a ~rectional sign lo- card on the north west ~rner of ~in Road a~d Cha~l ~ne, Gre~, New Y~rk, ~u~ed nor~ by ~k ~v~, e~t by Cha- west by ~ ~s~d ~ghting Co. 2) a directional sign on the north O FOI~M ~O. 3 TOWN OF SOUTHOLD RUILDING DEPARTMENT TOWN CLERK°S OFFICE SOUTHOLD. N. ¥. NOTICE OF DISAPPROVAL File No ............................................................... Date .................. ,..~aI~l~g~y. ~ ...3.0. .........19..~.~.. To ~.L.~.~°~...'..A~t°~.~f~...~.~.t...G°etschius, Flornce Martin, Martha Hanssen Klaaus Beier & Marga Beier ......... 5.~th~.ld .................................................... Map Jan 1~. & 18 19..6..~.. PLEASE TAKE NOTICE that your ~[yeh~ dated ............................................. fo~nY/~KY~ .aD~..o.y~l.. ~.f aC.¢.~[hc prem,~ses located at ...P.V.~...B.~0.,~...of.f E/.5...~.ox.. Ne.ck....-.[~ill..Rd .................... Street Mattituck~ N.Y. Map .......... ~ ........................... Block ......X~.. ............................Lot ......... .X~ ............................is ~disapproved on the fol]owin? ground, · .ap~).v.a.1......se.c-.2.$O-.A.- ..-~ewn....~ ...................................................................................... LEFFERTS PAINE EDSON April 17, 1967 Southold Town Board of Appeals Southold, New York Dear Sirs: Re: Appeal No. 1052 - Mary Elizabeth Goetschius & Ors. You will recall that the decision in the above application for recognition of access was con- ditioned upon the grantees having the right to use Deer Path Road. I enclose herein a copy of a letter from the Metropolitan Title Guaranty Company which is insuring the grantees in this matter, stating that the record title will allow the company to insure the use of Deer Path Road to the grantees. Thank you very much for your kind consideration in this matter. Singly, Lefferts P. Edson LPE/mmb Enc. METROPOLITAN TITLE GUARANTY CONIPANY THEODORE PAUL SHERRIS GARY SELTZER April 11, 1967 Southold, New York Dear Sirs: Plcase be advised that this Company has, under the above captioned title application, offered to and will insure }ir. Klaus Beier the right of ingress and egress over the private rights-of-way knm~n as: "Nillers Right-of-Way" and "Deer Path Road." affirmative ~]surance has been extended to ?Ir. Be'o-t.~ grantee of >iesdmnes ~lary Elizabeth Goetschius, ;qartin and ~-~artha W. Hanssen. Very truly yours, b[ETROPOLITAi4 TITLE GUAZ,,,~TY Gary ~el~zer, Secretary Lefferfj p. Idson, Baq. SX?SS #uXn load 80utAold, b York XXO7X Res AppI&X Ilo. XOS2 ~lary lX4lebeth ~oetoahXuo & Ors. Tho Bolrd of &pplllm would %~J~e to ]cno~ Xf you hflVEI Iny f~rthor ~nforunt&on e~ U ~he w~ntus of the rXght of way vh~ah yam the tubJeo~ of ~J~e 8bo~e mont~oned appeal. Very II:Ln~orolF, Barbera C. DXtt, emm~, lecrlt&t.~ 8ou~hold bn Boird of ApposXI LEFFERTc~ PAINE EDSON March 7, 1967 Miss Barbara C. Dittmann, Secretary Southold Town Board of Appeals Southold, New York Dear Miss Dittmann: Re: Appeal No. 1052 - Mary Elizabeth Goetschius & Ors. Thank you for your letter of March 6th in the above matter. It was my impression at the hearing that the right of access was granted but that the grant was conditioned on the applicant having the right to use Deer Path Road and that the decision of the board would contain this condition. In the meantime I have been waiting for your formal notice. If I am not correct in the above I would have to wait until a title company insures the right to use Deer Path Road. This, however, creates an impasse be- cause the contract of sale is conditioned upon the right of access being granted. In any event, if the owner and the prospective owners do not have the right to use Deer Path Road, the action of the board in granting the right becomes meaning- less and no harm is done, the imposed condition not being met. We will not be able to close the matter until we have received the boards decision containing the conditions. Thank you very much for your kind attention in this matter. LPE/mmb Sincerely, Lefferts P. Edson SHOULD BI of Deilember . nineteen hundred and Si resicing at I ~,1 Melbury R~,>ad, Babylon, New York, F. LORENCE W. MARTINs residing'at RD 1, Shaitsbury, V~rmont ane MART~' W. ~NSSEN resi~:in~ at 165 V,.' aley Street. Freeport, New York, hereinafter described as the seller, and KLm, ,US BEIER,, ~iggx~k-',x:~/~.~.Ihxnl~.teo ~:a!x~x~i~al~eaxx~l~xxYxzk~: and MARGA BEIER, his wife, both residing a~ l0 Idle Day Drive, Centerport, New York ARCEL ] ~RCEL i hereinafter described as the purchaser, WITNESSETH, that the seller agrees to sell and :o.vey a.d the purchaser agrees o purchase,,,all th.~t, cejla~'l~°t, igece or parcel of land with the buildings and mprovements thereon erected situate lyine and being' r({h~'""'I; slag~ll;~s bounce, and eeecribed as follo,,~,s: ' BEGINNING in the northerly line of a R'ght-of-svey. kno,~ ri aa Miller's Ri ght-of- ~;'~y, as ~h0wn on a map mad~ by .~.. H. Pike Survey, or tn May 1~07, Said ~tnt being T~0 hundrec aac, ten (210) feet wearer? from the north easterly the land of ~he party of ~he firl~t part hereto, running ~hence in a ~tratght line South 29° ,~5' east -~---, · " ' ' ' ~ ~,~ am- acjoultna the lan(: ;~o.,~ or iormerly belonged'to: ~eI~ Young;Jr. six hun re~ an,_ ~eventy-si:~ (6~5} feet to Mattituck Creek; thence e~terly ~ong aaa,a: joining Mattituck'Crcek. ~'~rle hun6re,~ ant ~wenty five feet; thence north ~3o41, west, five h~,.:re~ an~ ~tnety (59~) feet to the ~1 line of Miiler~ Htgat-of-way; thence north ~5° 30' ~,e~t along of suit. Hi,hi-of-way one hundred al~ five (105) feet to ~e point or property P~rcha~ed b~ ~he party of the first part hereto from Emma ~V. ~f Mattit~ck, onthe ninth , ayof Mal"ch in the year One thousand, am twenty five; INCLUDING ripariaa r igh~s, if ai~y, veste~ in the party of ~he first par~ h~ an.':, al~o the u~ f~rever, togethm- ~*i~h others, of Miller's sho~',n on map, to the Public ~ ghwsy. ALL that Tract or Parcel of land eituste in Che V:llage of Mattituck. Suffolk a~d Siate of New York, bleieHy ~:escribed a~ tollows: COMME~ING at the southeast corner of he premises about to be deacrl a monum,~iit 1,o be placed at he interjection of laric, of ~'illiam G, Miller and~ ~ the:~ce running south~,,esterly by ant ~ith Mattitack Bay a ~gintl to Joshua T.:Young, mence running north~v~ bi to Joshua T. Young ~o l~nd belonging to Ci~les Schindle 8lJ feet, thence rousing easterly, by and with land'~ belonging to ! ea ~ehl~lt~leV, a i~tstance of 240 feet to a monument an~ l~d belongir~g to ;~flliam G. Riillev, thence runninl~ south 2~° 5* east by land belong- ing to X~-illiam G, M~ler a distance of 6~6 feet to Mattituck Bay the poiat or begtnnidg ~ontaining ,i. J8 acres. This sale includes all right, title and interest, if any. of the seller in and to any land lying n he bed of any street, road or avenue opened or proposed, n /ront of or adjoining said premises, to the ce', er line thereof, and all right, title and interot of the,~ller in arid o any award made or o be made in lleu thereof arid in and to any unpaid av,'ard for damage to said premlsis by reason of change of grade of any sree; and the seller will execute and deliver to the purchaser, on,~: title,any such°r thereaher,award on dem~;q~,. ¢~ all proper instrumen s for the conveyance of such t e and the assignment and c~liect The price is FORT~ TWO 'I"klOU~ND & 001100 ($ ~2o 000. 00) ............. Dollars, payable as follows: FORTY TWO HUNDRED & 001100 ($4, 200. 00) ............................ Dollars. on the signing of this co0tract, by check subject to co, llectlon, the.~ecelpt of which is h~eby acknowledged;~o be held in escrow O~y THIRTY SEVE:N THOUSAND EIC, I'IF HUNDRED & 0-0700 {$37, 800. 001 ....... Dollars, in cash or good certified check on the delivery of the deed as hereinafter provided: bY~klng title subject to a mortgage now a lien on said premtses in that amount, bearing interest at the rate o~eX..., per cent per annum, the principal being due and payable by the purchaser or asgigns executing, acknowledging and delivering to Ihe seller ~ bond or, al the option of the seller, a note secured by a purchas~"money mortgage on the above premises, ir~ :hat amount, payable "-% together with interest at the rate of per cent per annum payable Any bond or note and mortgage to be given hereunder shall be drawn on the~e andard forms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by the attorney fo'l',~he seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees and pay for an~affix to such instruments any and all revenue stamps that may be necessary. '" If such purchase money mortgage is to be a subordinate mortgage on the premises it shal~vide that it shall be subject and subordinate to the lien of the existing mortgage of $ ~ , any extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in'"i, ic~ thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than per cent~'~nnum and (b) that. if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existlXl'l~mortgage at the time of placing such new mortgage or consolidated mortgage, the excess be paid to the holder of such pur~ase money mortgage in reduction of the principal thereof. Such purchase money mortgag~ shah also provide that such, paym'h~t, to the holder thereof shall not alter or affect the regular installments, if any, of principal payable thereunder ~,~d 'shall'"f~ther provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any ag~ If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed ~ proper c-''':c~-~e executed ~-~ ~k"_e'"t~'~.7._':-~ hy the holder of such mortgage ~_nd ,-' ~-~ ~ .... .'~,~,4;ng~-certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereor, and the ~11o. Said premises are sold and are to be conveyed subject to: 1. Zoning regulations and ordinances of the c~ty, town or village in which the pr~mises lle which are not violated by existing structures. 2. Consents oy the seller or any former owner of premises for the erection ot any structure or structures on. under or above any street or streets on which said premsses may abut. 3. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. 4. Any state of facts that an accurate survey may disclose or a spection may disclose, provided ease does not render title unmarketable. 5. Covenants, restrictions, rights-of-way, utility easements and agreements, if any, contained in former same now be in force anal effect, provided same are not violated by present ~tructure or use. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- meats of Housing and Buildings. Fire, Labor. Health. or other State or Municipal Department having jurlsdictiom, against or m'ffectJ~_ the premL, es at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same. and t/~ provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser ,vith an authorization to make the necessary searches therefor. If, at the time of the dellver~ of the deed the premises or n.y parl thereol shall be or shall have been affected by an assess- ment or assessments which are or may become payable m annual installments, of which the first installment is then a charge or lien, or has been paid. then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed. shall be deemed to be due and payable and to be liens upon the premtses affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. The following are to be apportioned: (I) ~..., ..... .1 ..,~o~ ~e!l~c. led, (27 l., .......... tg.g,~ (3) Premiums on existing transferable insurance policies or renewals of those expiring prior to the closing. (4) Taxes and sewer reuts, if any, on the basis of the fiscal year for which assessed. (5) Water charges on the basis of the calendar year. (6) Fuel, if any. PARCEL PARCEL A PARCEL ALL that certain triangular plot of land situate, lying and being at NJattituck, Town of Southolo County of Stdfolk and State of Ne,~~ York, bounded and describe~ as follows: BEGINNING a~ a point in ~he northerly line of 1%~ ller s Rig f-way ,~hich right-of-way is twenty four (S&) feet ~.,t<'e, at a monument set in said tardat that point, v~hiah point of be{{innln~ is the northeasterly cornerof land recently conveysa by Albert tt, Hammond, end ~tfe to V~tllisnl April 1,.:., 1~,~25, an¢~ recorded in Suffolk County Clerk's Office ~ May 12, 1925, in Ltber 1134 of deeds, page 103, running thence south 33° 41' east five hundred ninety (580) feet more or less along the easterly boundary line of by said Hammond to Miller by said deed to 1V~attituck Creek; thenos easterly alon~ and adjoinini/Mattttuck Creek, fifty (50) feet, and thence northwesterly in a straight line a distance of approximately five hundred ninety (590) feet to the said monument which lies in rite northerly line of Miller's Ri/iht-of-way, the point or place of beglnnin/f. TOGETHER with any and all riparian rights of par~ies of the first part, of, in and to Mattituck Creek, lyin{{ in front of and adjoining said premises on the south; and also together with any and aH rights of the parties of the first part of, in and to the full use and enjoyment of Miller's Hi{~ht-of-way adjoining said premises on the north. Excepting therefrom a portion of the above described premises bounded and described as follows: ALL those certain lots, pieces or parcels of land~, situate, lying and being on Youngs Point~ at Mattttucko bounded ~d d~cribed as f~llows: ~ i BEGINNING at a concrete monun~ent set at the intersection of the southerty line of the land of Charles Schindler with the easterly line of the land, of Joshua T. Young, and running thence from said point of beginning 85° 30~ east along the southerly line of the land, formerly of Charles- 139.26 feet; thence south 22° 30~ east alon/f other land of the party of the first part 8.73 feet to the northerly line of a right-of-way, commonly known as Mti/er~s Bight-of-way, shown on a survey by tV. H. Pike in 1907; thence north 85° 30~ west {dong the northerly line of said tit/hi-of-way 151). 26 feet; thence north 22° 30* west alon~ the land, formerly of Joshua T, Young, 6. 73 feet to the point or place of begtnnini~. BEGINNING at a point formed by the intersection of the southerly line of a right-of-way commonly known as Miller's Right-oL-way shown on survey'by %~. H. [Pike in 190~ with the easterly line of the, fdrrnerly of Joshua T. Youn and running ~hence from said point of beginning south ~5° 30' east alon~ the southerly line of said right of way 1~9.26 feet; thence southerly, essterly and again s~uthcrly al0ng the land of the party of the first part, the following courses and distances: (1) south 22° 30' east 437.34 feet, (2) north $~o 30' east ~1.82 feet, (S) south 22° 32' 20" east 2Ti. -~1 feet to Mattituck Creek~ thence westerly along Aiattituck Creek, a tie-line alont~ said Creek running the follow- ing courses and distances: (1) south 67° 4~' 30" west H3.90 feet, (2) south 50° 20' 20" west 85. 9~{ feet to the land formerly of Joshua T. Young; thence north 22° 30' west ulong the land formerly of Joshua T. Youn~ 796. ';5 feet to the point or place of bebrltmin~. The above described PARCEL B is hereby conveyed subject 4o a right-of-way in favor of the owners of the property to the eas~ of the parcel I and II herein, the title to which is presently in the Estate of William G. Miller,. and tn favor of their devisees° dtstrtbutees, or assigns, which right is ;rved in perpetuity over the premises described as follows for the of ingress ~nd egress: BEGINNING at a point formed by the intersection of the line of the said right-of-way, commonly known as Miller's right-of-way line of other land of the party of the first part and running thence southerly, easterly and again southerly, along the land of the party of the first part the following courses and distances: (1) south 22° 30' east 437.34:feet, (2) north 67° 30' east 71.82 feet, (3) south 22° 32' 20" east 24.0 feet,..~thence westerly and northerly parallel and distant 24.0 feet from the land of the party of the first part the following courses and distances: (1) south 6~ (2) north 22° 30' west 473.57 feet to the southerly line of Miller's Ri thence south 85o 30' east along the southerly line of said Miller's right-of-wa 26.9~i. feet to the point or place of beginning. TOGETHER with a right of way in favor of PARCELS A and B herein described in common with others westerly over the right-of-way shown on survey W. H. Pike in 1907 commonly known as Miller's Right-of-way to the public highway. BEING the same premises conveyed to the grantors by deed dated the 29th day of May, 1963 and recorded in the Suffolk County Clerk's Office on June 17, 1963 in liber 5363 at page 38D, and by a deed dated'the 13th day of April; 1~)66, and recorded in the Suffolk County Clerk's Office on Apr~l'lS; '1966 in liber 5~42 at page 377. PURCHASER represents that he has inspected the premises and is thoroughly acquainted with its condition and agrees to accept the premises "AS IS". R is understood and agreed that no representations or warranties, either expresss er implied, have been made by or on behalf of the Sellers aS to the condition of the premises and/or the fixtures therein. · he within contract is contingent upon the approval of an application for the variance, easement, use or right of way necessary for the subdivision of the parcels above described, by a duly constituted Board of Appeals, having juris diction over the parcels above described. The purchaser agrees to timely sub- mit his application to the aforesaid duly constituted Board of Appeals and said application will be before the said Board at its next regularly scheduled meet- ing. Should the application for the variance, easement, use or right of way be denied, and the ~roposed subdivision of the above described parcels disapproved~ then in that eveni this contract shall be deemed null and void and all moneys heretofore or hereagter paid by the purchaser will be r~urued to him ~n full. The approval of the application for the variance, easemenL use or right of and proposed subdivision shall be received by the purchaser on or before the 6th day of March 1967, and if said approval is not received on or before,the 6th day of A4arch, 1967~ then in that event the seller will have the option to deem the con~rac~ null and void, and all moneys heretofore or hereafter paid by the purchaser will be returned to him. It is understodd however~ that in the event the approval has not been received on or before the 6th day of March, 1967, but same is forthcoming from the duly constituted Board of Appeals, then in that evenL the seller agrees zo gran~ the purchaser exiension of time within which zo receive said approval, said exiension3of time ~o be for a reasonable period. If the closing of the title shall occur before th..~x rate ;s ~xe~. the apportionment of taxes si be upon the basis of th/: tax rate for the next preceding year applied to the latest assessed valuation. If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for cl6sing title, and the unfixed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. The deed shall be the usual ]Bargairl &SoJ. e wtth eo',/~r~nt~l agall~t grantor's acre deed in proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps in the proper amount a~xed thereto by the seller, at the seller's expense, so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall also confaln the covenan{ required hy subdivision 5 of Section 13 of the Lien Law. amourit o d e - ' ~ - ransfer Tax imposed by Title I of Chapter 46 of the'Administrative Code of the City of New York and will also deliver to the pur~tarn~..qu/m_d_~ the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; the p~e-g-agree~to_si . and. ear to the said return and to e-attic thc :ald-et,,.ck ..d tl .... ;d ,..~,... t,. ~ ddi,,.,,.d t.., ~,t,. Cik,' .Rc~,ict:r '.'re.m=~t'.~' _..__..~c,~- The seller shall give and the purchaser shall accept n title such as COMPANY. a Member of the New York Board of Title Underwriters. will approve and insure. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after' default by the purchaser under this contract. All fixtures and articles of personal property attached or appurtenanl to or used in connection with said premises are 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 limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures .............. u~ ........... d.~~: ~ -' '_ ~ ' ~ ~": ~ See attached Sche~hte The amount of any unpaid taxes, assessments, water charges and sewer rents whinh the seller is oh~{gated to pay and discharge, with the interest and penalties thereon to a date not ]ess than two bus'ness days after the date of dosing t~tle, may at the option of thc seller he allowed to the purchaser out of thc halance et the purchase price, provided official bills therefor with mterest and penalties thereon figured to said date are furnished hy the sdler at the closing. I'f at the date of cinsing title there may he any other ~ens or encumbrances whkh the seller ;s ohligated to'pay'and d~scharge, the seller may use any port,on of the balance of the purc4ase price to satisfy the same. provided the seller shall have dehvcred to the purchaser at thc dosing of instruments in recordable form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or filing said instruments. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing reqmrements. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptmes or other returns are not against the seller. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the ne~ cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters. and the net cost of any survey made in cunncctlon therewith incurred by the purchaser, and upon such refund and payment bemg made this contract shall be considered canceled. The deed shall be delivered upon the receipt of said payments at the office of 1;:{~rl. cimll & Tes~ter~ 196 W. Sunrise Highway, Freeport, New York ,or about at 10:00 ~IVI o'clock on/ March 6till 1967 The parties agree that ~tlkworth Real Estates Main Road, Mattitucko New York_ brought about this sale and the seller agrees to pay the commission at-~o~,eff~ ~rc~fftAoR~:l~:~i~:f t~gli~k~Sd'~fl~l~['l~'X~A~C~:i~J~l:C as per separate agreement. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representatmn, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition. This agreement may not be changed or terminated orally. The stipulations aforesaid- are to apply to and bind the heirs. executors, administrators, successors and assigns of the respective parties. If two or more pea'sons constitute either the seller or the purchaser the word "seller" or the word "purchaser" shall be, construed as if il .......... read sellers or purchasers whenever_ the sense of th~s agreement so reqmres. / IN ~/ITNESS WHEREOF. this agreement has been duly executed by the parties hereto. tin presence of: .. _ // IN V~fl'PlES.~ WHEREOF. this agreement has been duly executed ny the parties hereto. · ? C') - .Z,/ ' ,." .,. " , places risk of loss upon purchaser if title or ~;o closing. EDIT FINANCIAL STATEMENT AS OF -t9 "MDEBIT Paid on signing Contract... I st .Mortgage Int. from .................... ~ ................ % 2nd .Mortgage Int. from .................... @ ................ % Purchase Money, Mortgage Security oi~ Lease Rent from Purchase Price .................................. Insurance .......................................... Water Rates S~wei Rents ................................. Total Debit Assessments :...: ........... Credit ...................................... Total Credit ....................................... Balance Paid ................................... Cl~ing of title under the within contract is hereby adjourned to 19 . at o'clock, at : title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within Contract and all the right, title and interest of the purchaser thereunder are hereby assigned. transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated. 19 ~ps~rchaser THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE 'Fhe insurance policies and duplicates, receipted bills for taxes, assessments and g the property. on the premises, be'should order it read. and bring bills therefor to the closing. should produce receipts showing to what date the interest has been paid. and if he should produce certificates of such reduction signed and acknowledged by tenants, gi~g the names, rent paid by each. and date to which the rent drawn to his own ordllllThe check formerly M! I ler's Cherles Schindler 0.89' NOTE= .=MONUMENT SURVEY FOR KLAUS BEIER MATTITUCK TOWN OF SOUTHOLD SUFF CO.,N.Y. SCALE I" = 50' JAN 13, 1967 .JAN. I~19&7 GUARANTEED TO~ GUARANTEEO TITLE DIVIGION OF AMERICAN TITLE INSURANCE CO. RIVERH EAD ~ N.Y*