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Pe¢onic Ne~ York April 2,1965 Page 1 GRANTE~ permission to divide lot with insuf- ficient area on property located E/S Mill Lane, Peconi¢, New York, subject to present board not be willing to consider any front or side yard variances for construction of dwelling on two properties. LEGAL NO'I~ CE NOTICE OF ITEARING Pursuant to Section 267 of theI rown Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, i Suffolk County, New York, public hearings will be ~e~d by the Zon- ing Board of ~ppeals of the Town l of Southold at the Town Clerk's Office, Main Romd, Southold, New York, on ~ril 1, 1965, on the fol- lowing appeals: 7:30 P,M. (E.S.T.), Upon appli- cation of Le~ferts P~ Edson, Esq., a/c Dorothy M. Worth and others, Peconic, New York, ~or a variance in accordance with the ZorAng Or- dinance, Article ILI, Section 303, and Article X, Section 1000A, for permission to divide log with in- s~af~cient area. Location of prop- erty: ~east side Mill Lane, Peconic, New York, bounded north by Mi- ami Avenue, east by Goldsmith Inlet, south by Fowler, west by Mill Road. 7:45 P.M. (E,S4T.), Upon appli- cation of Clement T. Brown, Knollwo3,d iLane, Mattituck, 'New York, for a variance to the Zon- ing Ordinance, Article III, Section 307, for permission to amend a buildiag permit to construct an at- tached garage. Location of prop- erty: so,nth s~de Kno.ilw, ood Lano, Matt~tuck, New York, bounded north by Knollwoed Lane, east by Gilbert Callahan, s~uth by Edward Slaga, west by Charles Koc,hler. Any person desiring to be lmard[ on the above a,pplications should[ appear at the time and placeI above specified. DATED: MAI~OYI of the Southold Town Board of 2~ppeals.i ltM26 STATE OF NEW YORK, ~ SS: COUNTY OF SUFFOLK, ......... .~... ~.~e:~.....~.~.~:~.~ ........... being duly Sworn, says that . ~ .... is Printer and Publisher of the SUFI'~0LK TIldES, a newspaper published at Greenpor~, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for ................................................. ~.~ ~:~ ...................... week~ successively commencing on the ........ ~:~..:~.~-~ ... day of .. ~:t~k~:~?~ ................... 19~.J~ q ._~.~:~w.-~:~ .... ................... Sworn to before me this ...~.(~.~ ........ day of ........ ~.~:!~:~.~ ................. FORM ~O'. 3 TOWN OF SOUTHOLD BUILDII~G DEPARTMENT TOWN CLERICS OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ......... ~, S~.Oi~,....9 ............... 19....~.~. ~e~erts P. =ason~ Attorney A/C To ..D o.~.o.t, hy....¥[or th.. ~...0.ther. s .................... ............. .~..o~tho. ld ~ ..... li, Y ................................. PLEASE TAKE NOTICE that your ,application date~ ...................... i'~a~.0tl..9. .........19....~.~ for permit to~ ...c~i.vifl.e ..]_.o.t ........... at the premises located at ...:...a/.~......~._.l.1...Lar,~ ........................................................................... Street Pecinie ~ N. ~f. ~¢ap ~, .. .!. . .0.?. 7. . ........................... mock .................. ~ ................. Lot ...2.8..,.%~..32..¢...~er...t...3l is ~- ., ' ~t~ disapproved on the following grom~.d~ .... !llsi£~.imiem.t..ar. ea,~ ..... ._a-v.t..~I.I.r.. ~ec£i.on...3 ©~ ..&...}.~-i...X..~ .~c.ti.o,n...l©00A .......................................................... Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEA_ FROM DECISION OF BUILDING INSPECTOR TO THE-ZONINGJ3OARD OF APPEALS, To-WN:oF SO'UTHOLD., N. y,' ' ' , - ' .Doro.thy M, Worth~, res:z~ing 'at P~.e~c.o. nl, c, ~e~w Yore_and - ..~ .~ Number ......................................................................... '. .......... : ......... ] ..................... ~...HEREBY APPEAL TO THE zONING BOARD.OF APPEALS FROM THE DECISION OF THE BUI~I~G I~.SPECTOR ON ¢ / WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ( Name of Applicant for permit of ~..=..e...s..s..e...s.....a..b..o..~ .e. .............................................................................................. Street and N umber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ) and N.Y. LOCATION OF THE PROPERTY .......... ~i.~.~i..~.~..e.,..~.e..q.o.D.$.q.,...~:..~..:.....- ........ Street Use District' on Zoning Map ...~.p...~l.O. 9.7. ............ L.Q~...2.~...~hr. QB.gh....3.2. incl. and part of Lot 33. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning O/r;cl~-rdnce b~y number. Do not quote the Ordinance.) ~ ~ Article III Section 30.. ,~:¢ ~.~_.~,~¢, , ~., ~ ~©¢¢, · 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 Law 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 e variance end was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 x) A Variance to the Zoning Ordinance ) - ,s requested.for the reason that the prop&rty to be~ conveyed, as described on the contract of sale attached hereto, is to De use~ by Frank Loni9-ro and John Lonigro, his brother, to provide for the construction of a dwelling for each of them. Although the lot frontage is more than required by the the Southold Town Zoning Ordziul~ance the square footage area is not great enough to conform with the provisions of the Ordinance. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- s~ry HARDSHIPbecause it would prevent the issuance of more than one building permit for construction on this parcel which has a road frontage of 265 feet and an average depth from Mill Lane.to Goldsmith's Inlet of approxi- mately 100 feetl The'square footage area of the.parcel substantially complies with the requirements. The parcel is fairly regular. The front and rear lines of the parcel are roughly parallel, with the westerly line ~[u~ing~; in a perpendicular direction to the front and rear lines. How- ever, the easterly line, because of a change in the contour of the Inlet's highwater line, was drawn by the original developers to comply with the convenient use of the land rather than with a square footage compliance in mind. 2. The hardshipcreatedis UNlQUEandisnotshered by all properties alike in the immediate vicinity ofthis property and inthis use district because the natural contour of Goldsmith's Inlet as it runs along this parcel dictates the oblique easterly lot line as shown on the Map of Bailey Park, preventing the usual rectangular division of the lots. 3. The Variance would observe the spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DI.STRICT because two dwellings located on this parcel would each have a road frontage in access of the average road frontage in the immediate vicinity. Two dwellings located on this parcel would therefore exceed the average of the neighborhood. LEFFERT$ PAINE EDSON ATTORNEY AT~-AW March 10, 1965 Mr. Howard Terry Southold Town Hall Southold, New York Re: Application for Variance by Worth and Lonigro Dear Howard: We above matter: 1. 2. enclose herein the following in the Application for the Variance. Copy of survey showing the pro- posed division. 3. Copy of the Contract of Sale. 4. Check in the amount of $5.00 in payment of the application fee. After you have examined these papers, will you kindly present them to the Zoning Board meeting this coming week and recommendation? Thank you. LPE/mhk Encs. for its consideration Sincerely, "~/~/~e~ts P. Edson CON5ULT YOUR LAWYER BI:tORE SIGNING THIS INSTRUMENT-THIS INSTRU.. _tiT SHOULD BE USED BY LAWYERS ONLY THIS AGREEMENT, made the BETWEEN day of Febl:'~a~ , nineteen hundred and sLXty-£1~.Ve i)0JtOTflY M. ~tTH, resid~ at l~onlc, Hew York, hereinafter described as thc seller, and FRABK LCliX~O, rea~Lng at 54 llay~Ac~ Lane, C~, ~e~ Yo~k, end hereinafter described as t~he purchaser. WITNE.~ETH,~ and convey, and the purcliaser agrees to purchase, all that certain plot. plec~ or pai'cel of land. ~ ~ ' em ~ ituate, lying and being]l~ll~ 8t :Ln the Town of fk)uthoX~, County O~ Su~ ~ Sta~ O~ k~ a~ ~oL~d as ~s ~. 28, 29, 30, 31, 32 33 ~ a ~a~ Mp entitled .~p o~ ~lleM Par~" su~d by D. R. You~ o~ ~ad, b~ Yo~k ~ ~~ 20, 1932, ~Aled as ~ &ocs nulsIML~d 28 - 32 ~©lus:Lve, as des~l~Lbed abc.~e a~e :Lnten~ed to ]0e tl~e same p~aeo ~onveyed by Co:~land I. Worth ~o.l~o~Othy M. Worth by deed dated 3-9-60 and ~eoo~led ~n th~ Guf£o~k County Cle~ss o££~Loe o~ Apl:Il 22, 1960 ~n L1beg 4799 ac ~a~e 379. · be ~pa~t o£ ~ot 4~33 des~,bed above is and 18 Lntended to ~ the s~ pa~l o~ la~ cm~ed to Cortl~d S. ~rth a~ ~hy ~ This sale includes all right, title and interest, if any. of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and ali right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. The price is Right ~:~lsand Flvd iiullct~.v~tlv · -....r'r~t~ o ....c~ilt· ......... Dollars, payable as f_ollowskKO~ ~ight liund~ed F:t~ty(~850.O0)(~200 o£ which has been paid h~g'e~gO/Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; in cash or good certified check on the delivery of the deed as hereinafter provided; Dollars,_~ ~""~kin~ title subject to a ' ' ~tg~e now a'li'~n on ~aid premises in that amount, bear~ the rate of per cent per annum, the principal being due and payable ~ Dollars, by the purchaser or assigns ex~uting, acknowledgi~veri~ to the seller a bond or, at the option of the seller, a note secured ~ a p~c~~,~~e above premises, in that amount, payable ~ , ~e~ec~ interest.atOne of n ~ ~r cent per annum payable ~ L~h~ h~ ~ ~ ~h~ ~0 ~ ~4500.00 of ~ ~na~e~ation d~ on ti~ ~s~g Of t~ d~d a~ ~t f~ ~ by mak~ an~ d=liver~ a Purchase ~y ~rtgage and ~ ~n ~hat U.~e~{ters ~or mortgages o~ fike lien; an~ shah ~e ~ra~ ~y the aRor.ey ~or the seller at the expense o} ~e who shah also pay the mortgage recor~ng tax an~ recording }ees an~ pay ~or an~ a~x ~o such ' revenue stamps that may ~e necessa~. I[ such purchase money moRgage is to be a subord~ate mortgage on the premises it that it shall be subject and subordinate to the llen of the existing , any extensions thereof and to any mortgage or consolidat~ mortgage which the premises in lieu thereof, and to any extensions thereof provided (a) that the interest rate not be greater than per cent per annum and (b) that, if the principal amount thereof shall principal owing and unpaid on said existing mortgage at the time of placing such new mod , the excess be paid to the holder of such purchase money mortgage in Such purchase money mortgage shall also provide that such payment to the holder thereof sh or affect the regular installments, if any, of principal payable thereunder and shall further demand and without charge therefor, execute, acknowledge and deliver any agree- furthe to effectuate such subordination. a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the fees for recording such certificate. Said premises are sold and are to be conveyed subject to: 1. Zoning regulations and ordinances of the city, town or village in which the premises lle which are not violated by existing structures. 2. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. 3. Encroachments of stoops, areas, cellar steps, tr~ and cornices, if any, upon any street or highway. ) not r.e~er~ ~i=le ~r~able. 6. ~llo= ~n ~ "part O~ ~= %33" ~s eu~iv~ng ~t ~ ~e easa~. ~l~r will ~sh ~Xea~ of l~n f~ ~ Hew ~rk S~ate Tax ~ l~n ~ ~t ~e esta~ of he~ hu~a~ A. ~ ladle for ta~$ ~a~ ~e~r l~ted '~ less than $1~.000.09, ~r~rs ag~ ~u~o~d .for~ the. ~B~t~ct~on,of,. u~ ~e ~m~lv ~~. ~u notes or nohces or vmmuons o~ ~aw or mummpai oro~nances, oroers or reqmr~ents noteu ~n~r ~ssueooy me uepart- merits of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department havin~ juris~ictlo~ against or a~ecti.g the premises at the date hereo~, shall Be complied with by the seller and the premises shall be conveyed free of the same, a~d t~is provision o~ this contract s~a]l survive defivery of t~e deed hereunder. T~e seller shah fur~ish t~e purchaser with a~ authorizatio~ to ma~e the .ecessary searches t~ere~or. ~, at the time of t~e delivery of the deed, the premises or a.y part thereo~ shah be or shall have bee. affecte~ by a~ assess- me~t or assessme.ts which are or may become payable i~ a.~ua] i~stafiments, o~ which the ~rst i~sta]]ment is thea a charge or ]ie~, or has bee. paid, the. ~or the pu~oses of thi~ co~tract all the u~pa~d installments o~ any $uc~ assessme.t, including those w~ich are to become ~e and payable after the delive~ 0f the deed, shall Be ~eemed to be due and payable a~d to be liens upon the premises affected thereby and shall be paid and discharged by t~e seller, upon the delivery o~ the deed. The following are to be apportioned: (I) Rents as and when collected. (2)~ o~gages. (3) Premiums on existing transferable ~surance policies RIDER ANNEXED TO AND ~0NMING ?A[{T 0~ CONTg. qCT OF SALE DATED FEBFJAEY ~$, 196~ BRTWEEN DOROTHY M. WORTH AS SELLE~ AND FRANK LONIGRO AND JO}{N LONIGRO AS PURC~ASE~ 1. Said contract is ~mended as follows: a. The premises being sold have a frontage of app~ox- imately 265 feet on the north side of Mill Road and,2~5 feet along Goldsmith's rnlet rip approximately 10' wide adjoining on w st b. On page 2 there is added after subject clauses num- bered 1 and ~ the following: "providing the same would not prohibl~ the construction and maintenance of not less than two one,family dwellings t~on said plot". c. On page 2 subject clause numbered 3 shall be deemed deleted. d. On page Z at end of subject clause numbered_~ "provided title Company will insure title free o~~ aris ~_ng theref;om". e. ~eller represents that sale includes water rights and access in and to Goldsmith's Inlet along the property frontage abutting the same and sale shall include all litoral and Spal-ianc other &ate~ rights of the seller appurtenant to said l~emlses. '~ D'o~othy M. 'Worth ,~rank Lonigro~ If the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the 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 date not more than thirty days prior to the time herein set for closing 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 b~aZ~Ll~ a~ls~l ~l.~ ~h ta~i~t'ors~t. deed in proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps in the proper amount affixed 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 contain the covenant required by subdivision 5 of Section 13 of the Lien Law. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the City Treasurer for the amount of the Real Property Transfer Tax imposed by Title I of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued pursuant to the authority thereof, duIy signed and sworn to by the seller; the purchaser agrees to sign and swear to the said return and to cause the said check and the said return to be delivered to the City Register promptly after the closing of the title. The seller shall give and the purchaser ~hall accept a title such as arty zOput:abl~ ~iO:[~.q bU~J. rt~ irt SU£~O].~ CoUnty 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. Ail fixtures and articles of personal property attached or appurtenant 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, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens,' awnings, storm windows, window boxes, storm doors, mail boxes, weather;vanes, flagpoles, pumps, shrubbery and outdoor statuary. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and discharge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. If at the date of closing title there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall have delivered to the purchaser at the closing of title 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 requirements. lrf 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- ruptcies 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 net 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 connection therewith incurred by the purchaser, and upon such refund and payment being made this con- tract shall be considered canceled. The deed shall be delivered upon the receipt of said payments at the office of ~i~ ~d, ~Z by ~tuaX a~nt O~ The parties agree tbat 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 representation, 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, administr~.tors, successors and assigns of the respective parties. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN WITNESS WHEREOF~ this agreement has been duly executed by the parties hereto. In presence of: NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 2dO-a of the Real Property Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. CREDIT FINANCIAL STATEMENT AS OF ....................................... 19 ........ DEBIT Paid on signing Contract ........................ I st Mortgage .... Int. from ......................... ~ ................ 2nd Mortgage .................... Int. from ......................... ~ ................ Purchase Money Mortgage Security on Lease ................................... Rent from. Purchase Price ....................................... Insurance ................... Taxes ................... Water Rates ............. Sewer Rents .......... Assessments ........................ Total Credit_. Closing of title under the within contract is hereby adjourned to o'clock, at as of 19 Water Rates .................... 5ewer Rents ......... ~'uel Fotal Debit ............................ l'otal Credit ..................... Balance Paid ................... 19 , at ; tire to be closed and ail adjustments to be made 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 Purchaser Assignee o/Purchaser TIlE OB~£RV~NCF-. OF THE FOLLOWING SUGGF~T1ONS WILL SAVE TIM£ AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the piop~rty hl should produce receipts showing to what date the interest has been paid, and if the principal or rate of interest has been reduced, he should produce certificates of such reduction signed and acknowledged by the holders of the mortgages. He should furnish to the purchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURCHASER should ~'- prepared with cash or a certified check draw,' to his own order. The check may be certified for an approximate amoun :1 cash may be provided for the balance of th ~flement.