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HomeMy WebLinkAbout815 LEGAL NOrfICE B~des, west by Boisseau Avenue- VCheeter. to be he~rd N~ICE OF ~RINGS Pursuant 26~ of the t° Secti0n ~Tow.n ~aw and aspear at ~t~ above Sp%ffied. di~ce Suffolk County, hearings will 8:,00 P. ! ~ ss: .~~... being duly Sworn, l~nter and Publisher' of t~e SUFFOLK !paper published at Green.port, in said cou~nt¥; and that the n'otice, o! which the. ,annexed is ~ printed copy, has been published in the ~aid Suffolk Weekly Times once in ~ch week, tot .......... ~ ........... wee~ succ~ssiv~Iy commencin~ on ~he ...~~ .... S~ar'n to before me this .(~ .'.. I' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL'ERK'S OFFICE SOUTHOLD, N, Y. ~NOTiC~: OF DISAPPROVAL PLEASE TAKE NOTICE that your .application dated ..................... ~aY. er~Ds~c...~._. 19.6.~_ for permit to ~~[-[ ..di%rid. e.. lo.t ............. at thc pr~m~ses located at ...~./.~..G.f ................. B.~is.~ e.a.u..A..v.e ............................................ Street Map /~Lx ................................ Block ................ :~zc~ ...............Lot .............. .y.~.~.~ · ........................ is ~.~t~i~j~]flgQ~Zgt disapproved on the fo]lowin? ground,-'. ........ ...... ~c..t...II E.. ~e.c...3.03-.. &...A~ %..~,..$ ~... i. OOOA ............................................................................... Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .. ,~..?.q..~,'......~...../_~..r.., ~-- TO THE ZONING BOARD OF-APPEALS, TOWN OF SOUTHOLD, N.Y. ~. 1, :~k~) · ..F,.1...o..~..e...n..q..e.....Lv!..o..~.~.a...~' ............................ of ...]~.Qi~ s.e,a ~..kv.e~ue....(no...numb.er.). ........ Name of Appella,n,t Street and Number ...S...o..~..~.~.o...1..a..~.....S...~..f..~.o...1.~...,C..o...~.~..t~. ................................. .~..e...W...¥..o...r..]$' ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BVILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... i~!,~.~:.:~7~.. ..... !.~..~...~..: .......... WHEREBY Tk E BUiLDiNG NSPECTOR DEN,ED TO (x) ( ) ( ) ........ ~'.1 o.r.f~rzc~a..M.Q f.f.a ~ .................................... Name of Applicant for permit of , ~ Pi S~ ~ ~U.. A.v. 2n~le... (.n a.. n.um~e r.),.. ~ o~th.o 1~ ~.. l~w...Y, o~.k ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY E/S Boisseau Avenue LOCATION OF THE PROPERTY ..$..o...u..t.k.o.l.4,...~.e.w...¥.o.r.k ...... .~.':A.~.~..J,~.~D..~.iA~, ............... ~_ Street Use District on Zoning Map Map 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.) Article III, Section 303; Article X, Section 1000 A 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 appealz~k-c~k(ha:s 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 and was 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 applicant owns 135 feet on the east side of Boisseau Avenue. Applicant wishes to retain 50 feet of the 135 feet for future road access to the remaining part of her farm on the east side of-Boisseau Avenue, approximately 40 acres in area. Retaining the roadway, leaves a lot 85 feet on Boisseau Avenue and 200 feet in depth which applicant has contracted to sell, subject to obtaining the Form ZB1 (Continue on other side) necessary variance which will provide for permission to divide this road frontage and sell a lot with less frontage than is provided for in the ordinance. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because after reserving 50 feet of the 135 feet for a roadway, the remaining 85 feet would be useless. 2. The hardship createdis UNIQUE andisnotshared by all properties alike in the immediate vicinity ofthis property and in this use district beca:use in this case it is necessary to reserve a 50 foot parcel for a~ future roadway to provide access to the remaining acreage to the east. 3. The Variance would observe the spirit ofthe Ordinance and WOULD' NOT CHANGE THE- CHARACTER OF THE DI,STRICT because the building lot being 85 x 200 would be 17,000 square feet in area, which is more than the area require- ment of the ordinance. Suffolk COUNTY OF ) g Sworn to t-his ....... ..................... ' ................. day of ....... ~~e.,.m.p..~[ ..............~ .... 19 65 the foll~ing~ ap~als~ '7~ 3L: P.~4. (E. S.T~ }, ~l;~n application of ~4illia~ Jo Jacken~, amd ~'~lfe, 1~0-39 84~ Strut, Jac~ica, N~ York, for a ~.~0 P.M. (F~.S.'~'.), Upon application of Florence ~offat, Boi~au 3'~venue, Douthoid, ~e~ '~k, fo~ a ~aria~e ~n -2- AFFLDAVITS OF ,?4~L~CATZOt/ TO 'l~fE BO,~RD OF APPEALS, The ~ng Xsland Travel®r-Mattl~uck ;,zatchman · he Sutfolk Weekly T~s W~ll~ J. Jackens and ~ife ~i~ Realtors Florence ~ffat LEFFERTS PAINE EDSON November 5, 1965 Mr. Howard M. Terry, Town Hall Main Road Southold, New York Building Inspector Re: Application by Florence Moffat for permission to sell a parcel with less than required frontage Dear Howard: We enclose herein an application, applica- tion fee, contract copy and survey copy in the above matter for the consideration of the zoning board of ap- peals. I will be very happy to come to a meeting of the board to discuss this matter. Thank you. Sincerely, L PE/mhk Encs. CONSULT YOUR LAW~IR~ BEFORE SIGNING THIS INSTRUMENT-THIS II~UMENT SHOULD BE USED BY LAWYERS ONLY THIS AGRI:1:IMENT, made the 2nd BETWEEN r' d~y of October · nineteen hundred andSiXty-£1ve FLORENCE MOFFA~, resldincj at Boisseau Avenue (no number), Soul, told, New York, hereina~erdescr~ as~eseller.~d RORER~ R. ~ZMMERMAN and GLADYB ~XI~iERMAN, his wife, at 8 Laurel Road, Lake Ronkonko~a, New York, hereina~er described avSe purchase~ ' ~: WITNESSETH, that ~t~e ~elier agrees to sell and conVey~:'and the purchaser agrees to purchase, ri that certain plot, piece or p~cd of land,~ ' ' situate, lying~a~ beinglis:g~ at'Southold in tha Town o£: Sovthold, ¢ounty: o! 8uf£olk and ~t,~te o£ ~e~ York, bounded and desc=ibe~ aS follow~} ': ~ , BEginNINg:at a point on the easterly line of'Boisseau Avenue at ~he southwesterly corner of the parcel herein described, which poin~ of beginning is N. 2° 38' 20" B. a distance of $0 feet from a monument marking the division of lands of FlornnceMoffa~ and Simciks and frc~ said point of beginnings runnt~g along land of the seller herein the following courses and distancesz (1) S. 87° 21' 40" E. s distance of 200 feetr (2) N. 2 o 35' 20" E. a distance of 85 feet~ ~/lence along land of Feeney N. 87e ~1e 40# w. a dis~anue of 200 feet to the said e&sterly line o~ Boisseau AvenueI running thence alert9 ~he said easterly line of Boisseau Avenue S. ~ 38~ 20" ~ a distance of 85 feet to the point of place of BRGII~ING. This sale incl{~des 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 all 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 ~remlses by reason of change of grade of any street; and the seller will' ~xecute 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 One ~nO~s&l~d SeV~n llundred F~kfty (~l, 7go.e0) ......... Dollars, payable as follows: O~ ~O~a~ 8~V~ ~d~ ~F (~,L.7~O.O~) .................... Dollars, in cash or good certified check on ~e delive~ of the deed as hereinafter provided; b~ taking title sublect to a m~.t~ ~ ~ I;~ ..... ;~ r.o~:.o~ ;~ ~k.. *~,mt. ~.~ ;nt....t.at rate of per cent per annum, the principal being due and payable by the note securesl Dollars, executing, acknowledging and delivering to the seller a bond or, at the option of the seller, a money mortgage on the above premises, in that amount, payable per annum payable together with interest at the rate of Any bond or note and mortgage to be given hereunder shall be drawn si standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall he drawn by the attorne' the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees and pay for 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 sha~.ovide 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'"ite.~ thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than per cent"~annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existing~rtgage at the time of placing such new mortgage or consolidated mortgage, the excess be paid to the holder of such purc~e money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also p_r_ovide that such payme~o the holder thereof shall not alter or affect the regular installments, if any of principal pay.able !he. reunde, r .a.n.d shall f~er provide that the holder thereof wi 1, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or alireements further to effectuate ,:n,~h If there he 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 i~terest 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 ~.l~d'~re to be conveyed subject to: I. Z?ning regulations, and ordinances of the city~;to~,wn or village,in which th~ prel~ises lie which are not violated by existing structures. 2. Consents by tl~ s'~l'ler or any former owner of p~emises for the erection ~f any ~structure or structures on, under or above any street or s~s:'on which said premises may aleut. ! 3. Encroachment~/pf.-s~oops, areas, cellar steps, tr. im ~l~d cornices, if any, upo~i any street or highway. 4. Covenants ;ind ~:est:riction~ ~f r~ozd, if any;' ~:~. Any stai& ~f £act? an ece~ate survey or a. peFaonal inal~Ct, ion ~ould aho~tnot =enderinq ti'ilo ur~a~ketab1~. 6. Sub~e~t to ob~at~£nq · variance from the To~n of 8outhold pe~ttttng the sale of a pazcel bf land havtnq a frontage on B°iaseau Avenue of 85 feet. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings. Fire. Labor. Health, or other State or Municipal Department having jurisdiction against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. If, at the time of the delivery of the deed. the premises or any part thereof shall be or shall have been affected by an assess- ment or assessments which are or may become payable in 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 clue and payable'and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. The following are to be apportioned: O · Water char es~ . CREDIT FINANC~., STATEMENT AS OF ........................................ ~9 ........ DEBIT Paid on signing Contract ........... Int. from ......................... 2nd Mortgage ................ Int. from ......................... Purchase Money Security on Lease .... Rent from. Purchase Price ........ Water Rates Sewer Rents ........................................... Assessments ........ Total Credit ............................................ Closing of title under the within contract is hereby adjourned to o'clock, at as of 19 Dated, 19 Total Credit Paid. 19 , at ; title to be closed and all adjustments to be made 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 THE OBSERVANCE OF THE FOLLOWING SUGGE$TIONS WILL SAVE TIME 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 property he 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 arid acknowledged by the holders of the mortgages. He should furnish to the purchaser a full llst of tenants, giving the names, rent paid by each, and date to which the rent has been paid. · The PURCHASER s?"d be prepared with cash or a certified chec~wn to his own order. The check may be certified for an approximate ailment and cash may be provided for the balance'~4he settlement. 0 0 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. ff 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 he apportioned on the basis of such last reading. The deed shall be the usual ~lt &-It ~n-- B -- - fit'' deed in proper statutory short ~or~ ~r recor~I an~'~s~l ~-: ~y ¢O~l[la~t. Aglllfit~BIl~lli ,G~a~,t.o~"s A~t,l~ executea, acKnowle-elgecl, ana nave 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 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 1 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, duly 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 shall accept a title such as &ny 'reptltable ti. t1 e ~.olap~ny ~otng ])lisiness in ~g. ffol,k Co~nt~ vail approve anclmsure. 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. fill fi-.rt,.-.,.....-I ..t;,'l.. ;~,~ ~,,-..,',.,~,1 nrnnortv nttaehed nr amsurtenant to ot' ~sedin connection with said premises are reF-:e- sent~ller,' free from all liens and encumbrances except as~ereln stated, and are included in this sale; with~~ fixtures, and articles of personal property include plumbing, heating, lighti~frigerat.0rs, radio and television aerials bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, sba ', storm windows window boxes storm 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 tide 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 ins~rnments 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 sep~,rate 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. 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- 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 lse££e~t..ll Po F-,dson, A.Mt Mafitn ROads Southold. New York atlO:O0/ oclock'o~xty days ~he. ~i~nfitng of this contract or sooner by mutual agreement of II ~hlkel~sl[/a~ree that..O -- · O~ l;' . . Il brought about !h,s sa~e . . . .~m~ll~,~aihr~liJ;e~_~.c~r.n,-Ioa...,~.ic.x..nt.~..rl Lv.tl~narc[~~ al 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, ~xecutors, administrators, 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: NOtrE: FIRE LOSSES. This form of contract contains no express provision as to 6sk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 240-a of the Real ProperBr Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing.