HomeMy WebLinkAboutEast Kenney's Road - Denied WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by .........
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Maps made a part thereof by chang-
ing from ...".~"...l~Q~,~Lnua ........... District to ...... ~...~.l,....~..~g.[~f'-
(East Kenney's Road, Southold,
District the property described in said petition, and
WHEREAS said petition was duly referred to the Planning Board for its
investigation, recommendation and report, and its report having been filed
with the Town Board, and thereafter, a public hearing in relation to sa,d
petition having been duly held by the Town Board on the ...~.~1.%'.~ ....... da}
of ........... J.~nl,tar~ ...................., ]9.6~ .., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is
~ Order of the ~outho~d ~own Board
Da%ed~ February ~3, 1968.
Albert W. Richmor~d, Town Clerk
Town of ~ou~ho£d
MINUTES
SOUTHOLD TOWN BOARD
January 23, 1968
PRESENT:
SUPERVISOR LESTER M. ALBERTSON
COUNCILMAN LOUIS DE1VL~REST
COUNCILMAN HOWARD VALENTINE
TOWN JUSTICE 1VL&RTIN SUTER
TOWN JUSTICE HENRY CLARK
TOW~N ATTORNEY ROBERT W. TASKER
TOWN CLERK ALBERT W. RICHMOND
HEARING ON PROPOSED AMENDMENT TO BUILDING ZONE ORDINANCE
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SUPERVISOR ALBERTSON: %~Ze have the affidavit of publication in the file.
I will now read the recommendation of the ]Planning Board.
"Report to: Southold Towel Board, 16 South Street, Greenport, Alew York,
December 15, 1967.
UGent lemen:
"This is to advise you that the following' action was taken by the Southold
Town Planning Board at their regular meeting held on December 12, 1967:
"In the matter of the Town Board's resolution to on their own nlotion chang'e
from "B" Business District to "3k" Residential and Ag'riculturai District ali that
certain real property situated at SouthoId, in the Town of Southold, County of
Suffolk and State of AIew Yorkj and more particularly bounded and described as
follows:
"Beginning at the intersection of the easterly line of Kenney's Road~ with
the southerly line of North Sea Drive; from said point of beginning running' easterly
along said southerly line of North Sea Drive, 183 feet more or less; thence
southerly 550 feet more o~~ iess, to the northerly line of Dogwood Lane; thence
westerI~~ along said northerly line of Dogwood Lane, 285 feet more or less, to said
easterly line of Kenney's Road; thence northerly along said easterly line, 580 feet
more or less to tile point of beginning'.
'~t was RESOLVED that the Southold Town Planning Board favorably
r~,~commends to the Southold Town Board the change of zone from "B" Business
District to "A" Residential and Agricultural District on the above described property.
"The Board finds there is no other business zone in this immediate vicinity
and the parcel in question was zoned bllsiness by error in the original zoning plan.
Respectfully submitted, John ~V[ckham, Chairman, Southold Town Planning Board."
SUPERVISOR ALBERTSOA!; I have a letter here addressed to the Town
Board from Mr. ~Valter Potocki, as follows:
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"1//6/68, 252 Chestnut Ave., East Meadow, N.Y.
"Town Board of Southold, Greenport, N.Y.
"Re: tlezoning of property of Sunland Apts~s. on Kenney's ltd. , Southold, N~.
"Gentlemen: We are searching for reasons of why a rezoning against our
desire would be brought ~o your attention. We are very puzzled and expect a
complete explanation.
"Upon purchasing this land in 1960 for an investment for our retirement,
we paid a top market price for this land because it was the only ~nd near Kenney's
Beach to build multiple dwelling or motel units for renting. This is a highly
Resort ~krea, as you must know. It was a dumping ground for 2'arbage, beer
and soda bottles and other refuse for the iocaI neighborhood. We have improved
this area by keeping it clean and have added ~o the community with a beautiful
colonial building' suitable for the town of Southold.
"Many of our neighbors are renting their homes during the summer and are
not on the premises to police their grounds as we ha~'e in respect to our Southold
residents. I caIIth[s consideration for our neighbors.
"This property was zoned "B" prior to our purchase and the board and
townspeople knew and expected this change. This was my protection in renting
apartments.
~ln conclusion, I strongly feel thai unless there is a valid reason for this
change or a detrimen~ to the surrounding community, the property is to remain
in its proper "B" zone status and protect the honest investment I have made.
"We have complied with the zoning and planning boards and see no basis
for this entire hearing. Respectfully, Walter Potocki, Sunland Apt ~s."
MRS. IViARGERY D. BURNS: I hax'e a letter here too. (Submilted letter to
the Supervisor. )
-5-
SUPERVISOR ALBERTSON: I will read Mrs. Burns' letter.
"Margery D. Burns, Southold, N.Y., January 23, 1968.
"Gentlen~en: This letter is written in protest of the proposed upzoning of my
property on Kenney's Road and Dogwood Lane from "B" Business to ".i" Residential.
'~f I had known this property was going to be upzoned, I would have sold it
during the last ten years when tbe opportunities were presented. I believe this is
an excellent business site and will become very vaiuabIe in the near future if it
remains a business site. As you know there is about 500 feet of public beach with
cars parked in three rows during the height of the summer season, I lived on
Kenney's Road for many years and there is a great deal of traffic ail year round
on this road and it is particularly heavy during the better weather. ~Ii this lends
to a good business location.
"If this lot of mine is to be zoned residential it certainly will affect the value
downward as then it can be used only for one residence.
'~[ would appreciate knowning why this is being brought up and by whom.
'~[f my property is upzoned, I would like to know if other locations that are
now zoned business and industrial will also be upzoned? Or is this upzoning just
for this one location? There is an outstandingly well developed residential water-
front community with pri%'ate roads and very expensive houses in Southold that is
now zoned business and an area in a highly residential section ofBayview, Southold
that is now zoned industrial. I know these are even more important than the Kenney~s
Road section. What is going to be done about them? Are ail property owners who
have like business sites going to be treated in the same way? I wouId appreciate
answers to these questions.
'~If businesses are opened and facilities made available to the patrons of the
Kenney's Road section, I believe this would be an asset to the community and
therefore, this area should be left a business zone. Respectfully yours, Margery
D. Burns."
-6-
SUPERVISOR ALBERTSON: At this time we will hear from those who are
opposed to the change asked for in this petition.
ARTHUR J. ABRAMSj ESQ. (Braun, Pachman & Abrams, Attorneys,
6143 Jericho Turnpike, Commack, New York 11725) I am the attorney for Arthur
and Patricia Oliveri who reside at Smithtown My clients are the owners of a
rectangular parcel located on the intersection of North Sea Drive and Kenney's
Road_ My clients' property is the most northerly piece of the three parcels which
are the subject of this rezoning hearing. There is presently existing a building
used as a luncheonette. On October 9, 1967, Mr. Larson, real estate broker,
spoke to your Building Inspector Howard Terry relative to the zoning of this
parcel. I have notes written by Mr. Terry in his own handwriting. The notes
relative to the zoning as of that time and state that the property was zoned "B"
Business, stating that multiple residences were allowed in this zone. On
November 13thand 15th of 1967, Mr. Oliveri, the owner, inquired of Mr. Terry
again relative to the usage of this property and could it be used for garden
apartments, multiple residences. Mr. Terry's reply is contained in this letter
dated January 9, 1968 addressed to Arnold Larson, the broker. I would like to
submit a copy of this letter.
"January 9, 1968. Mr. Arnold Larsonj Broker, Main Street, SouthoId, N.Y.
"Dear Sir: In reply to your inquiry this morning I find in my records that
you were in my office on Oct. 9th inquirflng about the "B" zone on E/S Kennys
Road at North Sea Drive, $outhold.
"At that time I advised you of the uses permitted in the "lB" zone district -
this included a motel building that would "fit" the lot meeting ail side yard and
other setbacks, health Dept requirements etc.
-8-
that this was "B" zoned. The property would not have been purchased if we had
known about this hearing or the possibility that the property would be rezoned.
My clients did ali that they prudently could. My people come from Smithtown
and their attorney came from Smithtown_ \Ve are weiI a~vare that people who
do not reside in a comrnunlty do not read the newspaper of that community.
In addition, the Oliveris paid $13,500. This property is not worth $13~500
if it is rezoned. As I understand from Mr. garson, the property is worth more
like $6~000 if rezoned. How does this affect the Town? We have nowa buiIding
on the subject premises which is a horror. It is ugly. ~Vhat we are saying to
the Tow~ - we are saying to the To%vn0 let us fix this property. Let us make
this a nice structure I wiIl gain as the client, you will gain as the To~wa, if
a building is put on the property nicer than the one that is presently there. We
know the PLanning Board's recommendation. And we eouldn~t fault it. This
property~ as a practical matter, is in a res~dentialarea. ]But it ~s in close
proximity to a beach that at this time does not have a comfort station nor a food
stand_ If we were permitted to put up a luncheonette, it would serve as a
comfort station and a food stand. Sure we would gain by it_ ]But it is necessary.
The people would gain by it. A comfort station costs $8,000, we would provide
one free. Anyone using the beach couId use the luncheonette comfort station.
There have been four changes of ownership since 1954. Four sets of
owners have depended on the ordinance. If this rezoning goes through, one of
that group will s~lffer and pay the price. And unhappily that one is nly client.
I know you are here to represent the best interests of the people of Southold.
But if this rezoning goes through, you are taking money out of my people's
pocket. Now we are anything but obIivious of the importance of this hearing,
we know what our posit~on is. We plead. %Ve beg. ~e are asking' of you,
-9-
please don~t take away the life savings of people who are not wealthy.
not speculators. Mr. Oliveri would like to say a word to the Board.
for being so attentive.
MR. OLIVERI:
First let me say as to the money.
They are
I thank you
This money was handed
down by my mother-in-law. She raised 32 children in her iifetirne. My wife
accumulated this money. Ii would be very bad for her to lose it. I want this
favor that you give this consideration.
MR. ARNOLD LAR$ON: I have sold considerable real estate in this area
within tile last ten years. In this vicinity in which at no time did anyone object to
the luncheonette. I will back up e,'erything the attorney said for Mr. Oliveri.
There were four contracts for sale in the last four years. The a~torney erred
in the fact that the people who live here should know what goes on. The final
closing was on Wednesday and the "Traveller" came out on Thursday. Legally
you can do what you have stated. I would like to go back to the intent of zoning_
You classify il. There is a paragraph which says you may do what you are doing
but to my knowledge it is the firs~ time it has been done to a '~B"Business Zone.
Iarn not talking about a non-conforming parcel, I am taIing about "B" Business
Zone. I sell real estate and included in this profession is to know what is going
on in the Town and to know the future plans of the to~wn by inquiry, going to Board
of Appeals meetings, political meetings, to learn about zoning. I am for zoni~g
and I am also for motherhood. But I do not think that every mother should become
a mothe~~.
MR. ABRAMS: Both newspaper advertisements appeared on January 4th
and 5th in their respective papers. The closing occurred on January 3rd. In
our case, we could not have known.
MR. I~OTOCKI: What brought this hearing about?
SUPERVISOR ALBERTSON: I would be glad to answer this question after
the hearing.
-10-
MR. POTOCKI: Everything we ow~ is there, my wife's savings and my
savings. I do not think ti is right to have the rug pulled from underneath you.
You are going to upgrade it to farl~n or agriculture. It is strictly a residential.
Nothing will grow there. It is ali sand.
SUPERVISOR ALBERTSOAI: Anyone else wish to speak? Anyone wish to
speak in favor of the change? Anyone want to be heard one way or the other?
(There was no response)
SUPERVISOR ALBERTSON:
deliberation of the Board.
I will close the hearing for the further
NOTICE OF HEARING
ON PROPOSAL TO AMEND
'THE ZONING ORDINANCE
old, SuHolk County, New York, public
hear/rig-- will be held by the Southold
Town Board in the Office of ~e Super-
of January, 1968, at 7:30 o'cloc!q in the
propas~l to amend the ~uilding Zone
Zone ~Taps) of the Town oi~ Sou£hold,
Suffolk Comtty, New York.
All that real property, situate, ly-
ing, and being in ~outhold, in the
Town of Southold, County of Suf-
folk, and S~ate of New York, and
more particularly bounded and de-
BEGINNING at the intersectiot~
of the easterly line of Kenney's
Road, with the southerly line of
North Sea Drive; f~onl s~id poinl
of beginning' running easterly along
said southerly-line of North Sea
the r~ortherly line of Dogwc~cl Lane;
~-hence westerly along said nor~heriy
COUNTY OF SUFFOLK
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THI= LONG ISLAND
TRAVELER - MAI-I'ITUCK WATCHMAN, a 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-
Sworn to before me this ~-~' 'day of
........
LEGAL NOTICE
NOTICE OF HEARING
ON PROPOSAL TO
AMEND ZONING ORDINANCE
pux,zua~t to Section 265 ol the
Town ,Law ar~ A~ticle IX, of the
Building Z~ue Ordinance of the
Town o! Southold, Suffolk County,
New York, pa[~lic hearings will be
held by the Southold Tflwn Board
m the Office of the Supervisor, 16
South Street, Greeaport, New York,
in said Town on the 23rd day of Jmu-
uary, 1968, at 7:30 o'clock in the
evening of said day cm the foliow-[
lng proposal ta amend the Build-
ing Zone Ordinance (including the[
Building Zone Map~), of the Town
of Southold, Sul£cflk County, New
York.
1 By hen n rom "B" [
· . c g' g f Business
District to "A" Residential and Ag.-
ricultural District, the following de-
scribed property:
All that real property, situate,
the Town of Southold, County of
lying and being in Southold, in
Suffolk, and State of New York,
and more particularly described
BEG/NNING at the intersection
of the easterly line of Kenney's
Road, with the southerly line of
North Sea Drive; from said point
of beginning tanning easterly
along said southerly line of N~rth
Sea Drlve,~l'83 feet more or less
less; thence southerly 550 feet
more or'~, tb the northerly line I
of l)ogxvoc~ Lane! thence west-
Ho. all: thence n,>rtherly along said
COUNTY OF SUFFOLK, ]
STATE OF NEW YORK, ~ ss:
J
,..?,.. ~z~,~,~ .~..~...c~. ~ ..... bein~ duly Sworn,
says that~'__ .~.~.~. is Printe~ ~nd Publisher of the SUFFOLK
WEEKLY TIMES, a news~per publish~ ~t Greenport, in said
county~ and ~hat the noti~, of which the annexed i~ ~ print~
copy, has been published in the ~id Suffolk Weekly Times
unce in e~ch w~k, for .......... ~ ......... weeks
successively commencin~ on the . .~ ..............
(1.( _
day ol .... ~~ .. 19m~.
,"/ '~ ~_ ~k~ C'~c~ ·
.. k ':~~. ~: ..... ~ ~ .........
Swern to before me this~2~;~-5... ~
day of r
Pur'suant to Section 265 of ~i~e Town Law and Section
902 o~' the Bui[din~ Zone Ordinance of the Tow~ o[' ~ou~hold,
I:h~u tweqty (~0"~) l)er ceut of the go.LlowJn~ described pPo-
&LL that real i)roperty, s±tuate, tyinK and
beia?; in Southold, ill tile Town of Southotd,
County of Suffolk, and State of New York~ and
rnol'e pal'Li, ctJ lal'ly desci'ibed .is i'o]_[ows:
BEGINNING at tile iutersect±on of the
easre~'ky line of l~enney's Road, w~th the southerly
line of North Sea Drlve; from sa~d point of be-
ginning runnlng easterty alon~ sa~d southerly tine
of North 5ca Drive, [8~ feet mo~'e or tess; thence
southecty 550 feet more o~ less, to the northerly
line of Dogwood Lane[ thence westerty alon~ said
~mrtherly l~ne of Dogwood Lane, 285 mote or [ess
to said easterly iine of kenney's Road; thence
northerty alon~ said easterly line 580 Feet more
op tess, to ~ho point of bee'innin?.
heceiu state ou? p~'otest ag;ains%
~'['Oill '{~' ,tlasiness District to
~)Lstricl .
tile proposed chan?~e of zone
Residential and ,'~ricnlturai
Dr~ted: .~anuary '?-5, L968.
MARGERY D. BURNS
SOUTHOLD, N.Y.
January 23, 1968
Southold Town Board
Southold Town Building Zone Ordinance
16 South Street
Greenport, New York
Gentlemen:
This letter is written in protest of the proposed upzoning of my property
on Kenney's Road and Dogwood Lane from "B" Business to "A" Residential.
If I had known this property was going to be upzoned, I would have sold
~t during the last ten years when the opportunities xvere presented. [believe
this is an excellent business site and will become very valuable in the near future
if ~t remains abusiness site. As you know there is about 500 feet of public beach
with cars parked in three ro~vs during the hmght of the summer season. I lived
on Kenney's Road for many years and there is a great deal of traffic all year
round on this road and it is particularly heax9, during the better weather. Ali this
lends to a good business location.
If this lot of mine is to be zoned residential it certainly will affect the
value downward as then it can be used only for one residence.
I would appreciate knowing why this is being brought up and by whom.
If my property is upzoned, I xvould like to know if other locations that are
now zoned bus~ness and industrialwill also be upzoned? Or is this upzoning just
for this one location? There is an outstandingly well developed residential waterfront
community with private roads and very expensive houses in Southold that is now
zoned business and an area in a highly residential section of Bayview, Southold
that is now zoned industrial. I know these are even more important than the Kenney's
Road section. What is going to be done about them? Are all property owners who
have like business sitesgoing to be treated in the same way? I ~ould appreciate
answers to these questions.
If businesses are opened and facilities made available to the patrons of
the Kenney's Road section, I believe this would be an asset to the community and
therefore, this area should be left a business zone.
Respe?tfully yours,
Margery D,' Burns
TOWN OF SI-IUTHEiLD
OFFII~E I-IF i~IJILDING INSPECTOR
TOWN E:LERK'S I-]FFICE
SOUTH~LD, N. Y.
January 9, 1968
TEL.
Mr. Arnold Larson, Broker
~min Street
Southold, N.Y.
Dear Sir;
In reply to your inquiry this morning I find in my records that
you were in my office on Oct. 9th inquiring about the "B" zone on E/S
Kennys Road at North Sea Drive~ Southold.
At that time I advised you of the uses permitted in the "B"
zone district - this included a motel building that would "fit" the lot
meeting all side yard and other setbacks~ health Dept requirements etc.
As of today all of these requirements are the same~ this is
still a "B" zone with the same permitted uses.
My records further show that I received a telephone call on
Nov. 13th and again on Nov. ~%th from a Mr. Oliveri about locating a motel
in this "B" zone. His questions were: Maximum size allowed, setbacks
side yards~ minimum room size, efficiency apts, health Dept requirements
etc. I advised him as best I could "off the cuff" and advised him to
contact the Health Dept for specific details as each multiple residence
is a "custom built Job". Also I advised him to put his ideas on paper
and submit them for review.
As for the notice in the paper - there wil~ be a hearing on
January 23 concerning this "B" zone. This can be done at anytime on any
property, either by application of an interested party or by the Tow~
or other proper governing body.
Trusting the above is what you you requested.
Yours truly
Building Inspector.
Southold Town Planning Board
SOUTHI~I_D, /. I., N. Y. llg?l
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Moisa
Alfred Grebe
William Unkelbach
Frank Coyle
Report to:
Southold Town Board
16 South Street
Greenport, New York
December 15, 1967
Gentlemen:
This is to advise you that the following action%as
taken by the Southold Town Planning Board at their regular
meeting held on December 12, 1967:
In the matter of the Town Board's resolution to on their
own motion change from "B" Business District to "A" Residential
and Agricultural District all that certain real property
situated at Southold, in the Town of Southold, County of
Suffolk and State of New York, and more particularly bounded
and described as follows:
Beginning at the intersection of theeasterly line of
Kenney's Road, with the southerly line of North Sea Drive;
from said point of beginning running easterly along said
southerly line of North Sea Drive, 183 feet more or less;
thence southerly 550 feet more or less, to the northerly
line of Dogwood Lane; thence westerly along said northerly
line of Dogwood Lane, 285 feet more or less, to said easterly
line of Kenney's Road~ thence northerly along said easterly
line, 580 feet more or ~ss to the point of beginning.
It was RESOLVED that the Southold Town Planning Board
favorably recommends to the Southold Town Board the change
of zone from "B" Business District to "A" Residential and
Agricultural District on the above described property.
Report to: Southold Town Board
Page -2-
The Board finds there is no other business zone in
immediate vicinity and the parcel in question was zoned
business by error in the original zoning plan.
this
Respectfully submitted,
J~hn Wickham, Chairman
Southold Town Planning Board
J /bd
cc: Town Clerk
.ERK
ALBERT W. RICHMrlND
SOUTHOLD, L. I., N. Y.
November 30, 1967
Mr. John Wickham
Chairman Planning Board
Cutchogue, L.I., ~Y.
Dear Hr. Wickham;
Enclosed herewith is
a copy of a resolution passed by the
Southold Town Board at a meeting held
on the 29th day of November, 1967.
You are instructed to
prepare an official report thereon pur-
suant to the provisions of Article IX
of the Building Zone Ordinance of the
Town of Southold.
AWR/mr
Very truly yours,
Albert W. Richmond
Town Clerk
RESOLUTION
Moved by Councilman Demarest; seconded by Councilman Valentine:
WHEREAS, this Board deems it in the public interest and in the
promotion of the health, safety, moral or general welfare of
the Town of Southold that certain premises east side of Kenney's
Road, Southold, County of Suffolk, State of New York, herein-
after more fully described, be re-zoned and zoned from "B"
Business District to "A" Residential and Agriculural District,
NOW, THEREFORE, BE IT RESOLVED: That the Building Zone
Ordinance of the Town of Southold, including the Building
Zone Maps forming a part thereof, be amended by the Town
Board on it's own motion, by changing from "B" Business
District to "A" Residential and Agricukural District the
following described property:
BEGINNING at the intersection of the
easterly line of Kenney's Road, with
the southerly line of North Sea Drive;
from said point of beginning running
easterly along said southerly line of
North Sea Drive, 183 feet more or less;
thence southerly 550 feet more or less,
the northerly line of Dogwood Lane;
thence westerly along said northerly
line of Dogwood Lane, 285 feet more
or less, to said easterly line of
Kenney's Road; thence northerly along
said easterly line, 580 feet more or
less, to the point of beginning.
to
BE IT FURTHER RESOLVED: That pursuant to Article IX Section
901, of the Building Zone Ordinance of the Town of Southold,
the Town Clerk be and he hereby is authorized and directed
to transmit a copy of this resolution to the Planning Board
of the Town of Southold with a written request instructing
said Planning Board to prepare an official report concerning
the same, together with their recommendations.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen
Demarest and Valentine; Justices Tuthill and Clark.
ALFRED (~. TEVE$
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS [NSTJtUMENT SHOULD SE USED BY LAWYERS ONLY
It£TWF_.F_R
LEON ARDREADIS, residing at 157-03 Tenth Avenue, Beechhurst, New York,
I~.Y I~,IDIIEJ~IS, residing at 42-25 Saul Street, FlushincJ, N~' York, and
FILOMEAIA VILLANI, residing at 144-60 28th Avenue, Whttestone, New York,
hereinafter de.~ril~l as the seller, and
ARTHUR R. OLIVER! and PATRXC~A OLIVERI, his wife,
41 Cambridge Drive, Smithtown, New York, 11787,
both residing at
hereinafter desc6hed as the purchaser,
~fI']~IF~S~'~H, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all Ihat certain plot, piece
or parcel o.e land. with the buildings and improvements thereon erected, situate, lying and heing in the Town of
Southold, County of Suffolk, and State of New York, and bounded
and described as follows:
BEGLNNING at a point on the Southerly side of North Sea Drive
where said Southerly side of North Sea Drive intersects the
Easterly side of Kenney's Road;
thence running South 40° 53' 00" East along said Easterly side
of Kenney's Road 115.17 feet;
thence running North 39° 24' 00" East 202.92 feet;
thence running North 50° 36' 00" West 113.52 feet to the
Southerly side of North Sea Drive;
thence running South 39° 24' 00" West along said Southerly
side of North Sea Drive 183.48 feet to the point or place of
BEGLNNINGo
'lids uale includes all ri~tt, title and interest, if any. of Lhe seller i. and to any Iblld lying in the I,c,{ ,,f a.y ~lrccl. ro~d .r
avenue opened or proposed, in front of or adjoining said premises, to Lhe center llne thereof, and all right, LiLle and interest
of the seller in and to any award made or to be made in lieu thereof and in and lo any unpaid award for damaffe to said
premises by rcaso~ of change of grade of any street; and the seller will execute and deliver to the purchaser, on dosing of
title, or thereafter, on demand, all proof instruments for the conveyance of such title and the assisnment and coll~tloa of
any ~uch award.
Thirteen thousand f~ve hundred ($13,500.00) ........
One t~.~usand three hundred fifty ($~'~350.0~}
(of which $100.00 has been paid herecofore~
on the signing of this contract. I~Y check subject t.9 col~,ectjo., the rccelpt of which i~herebv acknowledged;
Five thousand n~ne hunareu e~qnt and O4/100 (~5,908.04J
Dollars, payable as follows:
Dollars.
in cash or good certified check on Lhe delivery of the deed as hereinafter provided;
Six thousand two hundred forty one and 96/100 ($6,241.96)T .... Dollars,
by taking title .~ject to a mortgage now a lien on said ~,rem~s~.s.in_ that amount, bea~ng interest at
the rate of S--. per cent per annum, the principal being due and payable an .L~/10.
L., tk,. t-.-.,-k ......... :s ....... .ag,m, ..L,,.,.LJ%L,s ..d d,-li..H.,s ~, th,. o.ll., . Lv~l v., z. ti,..wtL..
note secured by a purchase money mortgage on the above premises, in that amount, payable
per annum paych]e
together with interest at t of
Any bond or note and mortgage to be given hereunder be drawn on the standard forms of New York Board of 'l~tle
Underwriters for mortgages of like llen; and shall the attorney for the seller at the expense of the purchaser.
who shall also pay the mortgage recording fees and pay for and a~x to such instruments any and all
revenue stamps that may be necessary.
It: such purchase money mortgage ' subordinate mortgage on the premises it shall provide that it shall he subject
and subordinate to the lien mortgage of $ , any extensions
thereof and to any mort ed mortgage which may be placed on the premises in 1leu thereof, and to any
extensions thereof ~ that the interest rate thereof shall not he greater than per cent per annum and (b)
that, if the shall exceed the amount of principal owing and unpaid on said existing mortgage at
the time of such new mortgage or consolidated mortgage, the excess bo paid to the holder of such purchase money
mortgage s_Ja,'-reuuc*of the principal thereof. Such purchase money mortgage shall also provide that such payment to the
hold?r/~,ereof shall not alter or affect the regular installments, if any. of principal payable thereunder and shall
pru.W~e that the holder thereof will on demand and withQut charge therefor c~,.c.te_ ;~,-I~..-,.-. ,..~
.,.~.A ~. ~s ........ t~ f,. ds~z tu effectuate sUcl~b~[IC~[lt}~A.
If there be 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:
I. Zoning regulations and ordinances of the city, town or village in which the premises lle which are not violated by
e~isting structures.
2. Consents hy 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, trim and cornices, if any. upon any street or highway.
4. Coveanants and restrictions of record, if any, not violated by
the existing improvements and uses of the premises.
5. Any state of facts an accurate survey or a personal inspection
would show not rendering title unmarketable.
6. The purchaser .represents that he has inspected the premises and
will take a conveyance of same in an "as is" cond~tion.
All notes or notice~ of violations of law or municipal ordinances, orders or requiremenLs 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 co*~veyed 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 llen, 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 premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the da~.
The following are to be apportioned:
(I) l~ents as and when collected. (2) Interest on mortgages. (3) Premiom~ on existing transferable insurance policies
or renewals of those expiring prior to the closing. (4) Taxes and sewer rents, 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.
If the closing of the title shall occur before the tax rare is fixed, the apportionment of ~es 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 premlses.the seller shall furnish a reading to a 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. bs.sed thereon for the intervening
time shall he apportioned on the basis of such last reading.
The deed shall be the usual Bargain and Sale with Covenant Against Grantor ' s Acts
deed in proper statotocy 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 contain the covenant required by sul~ivisinn 5 of
Section ]3 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 Tide 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 stature and the regulation! issued pursuant to the
authoriL3r 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 he delivered to the City Register promptly after the closing of the t~tle.
The seller shall give and the purchaser shall accept a title such as Ir~ter-Cour~ty Title Guaranty &
Mortgage Co~ uncle~ a re-issue of No. S-178439 v~llapproveandlnsure.
Ail sums pa~d o, account of this contract, and the reasonable expenses of the examination of the ~lde to said premises and
of the survey, if any. made in connection therewith are herehy made liens thereon, but such liens shah not continue after
default hy the purchaser under this contract.
All fixturesDr*.'lt~ - -.t,vn,y attached or appurtenant to or used in connection with said premises are repre-
sented to be owned hy the seller, free from a}l liens and encumbrances except ~! herein stated, and are included in this sale;
without lim~tlng the generality of the foregoing, such fixtures anx~V-.~'~o~~nc]ude plumbing, heating.
lighting and cooking ~xtures. air conditinn~ng fxtures and units, range&, refrigerator~, radio &nd te[evisinn aerla]s, bathroom
and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm
doors, mall boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor etatuary~ RB Tfta~' now be on '~e
T~e amount of any unpaid taxes, assessmenL~, water charges and sewer rent* whleb the seller is obligated to pay and &scharge.
with the interest and penalties thereon to a date not ]ess than two huslne~s days after the date of closing L~de, may at the
option of the seller be allowed to the purchaser out of the balance of the purchase price, provided o~ciaJ hills therefor with
interest and penalties thereon I~gured to said date are furnished by the seller at the closing. If at the date of cJoslng tide there may
be any other liens or encumhrances which the seller is obligated to pay and discharge, the seller may use any portion of the
halance of the purchase price to satisfy the same. provided the seller shah have delivered to the purchaser at the c=[osing of title
instruments in recordable form and su~clent to satls~y such liens and encumhrances of record, together with the cost of recording
or l~]ing said instruments. The purchaser, if request is made within a reasonable time prior to the ~ate of closing of t~tle, 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 encumhrances_ The existence of any such taxes or other liens and encumhrances
shall not be deemed objections to tide if the seller shall comply with the foregoing requirements.
If a search olc the title discloses judgments, banks-uptcles or other returns against other persons having names the same as or
similar to that of the seller, the seller will on request de]~ver to the purchaser an a~davlr showing that such jtldKmentz, 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 he to refund to the purchaser the amount paid on account of the purchase price and to pay the net cast of examining the
title, wblch cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any
sur~ey made in connection therewith incurred by the purchaser, and upon such refund and payment heine made this con-
tract shah he considered canceled.
The deed shall be delivered upon the rc, celpt of said payments at the office of T.e£fert~: P. ~.dson, ~..sc~.
51755 14sin Road,Southolcl, New York at llg00__/ o'clock on November 28, 19 67
The parties agree that Alfred C. Teves, Realtor, North Road, Southolc~, N. Y.,11971
brought about this sale and the seller agrees to pay the commissinn at the rates established or adopted hy the Board of Real
Estate Brokers in the locality where the property is situated.
It is understood and agreed that all understandlnss and agreements here't~fure 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, administrators, successors and assigns of the respectiv'e parties-
If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall he
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.
I. prm.,enc~ of: .~. ,-,
Le/on knclrea~s
Kay A~r ea~is
NO~: ~ LO~. This form of contract contains no express provision as Io n~k of loss by fire or other casualty
before delivery of the deed. Unless express pro'sion is made, the provisions of ~ection 5-1311 of the General
Ohllgations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred
prior to closing.
CREDIT FINANCIAL STATF. AiENT A~ OF ..................................... x9 ........ DEBIT
Paid on signing COntract ............................................................. Purchase Price ..........................................................................
Isl Mortgage ............................................................................... Insurance ...................................................................................
Int. from ......................... ~ ................ % .....................................................................................................................................
2nd Mot[gage ...............................................................................................................................................................................
Iht_ from ......................... (~ ................ % ......................................................................................................................................
Purchase Money Mortgage ............................................................................................................................................................
.Security on Lease ...........................................................................................................................................................................
Rent from .....................................................................................................................................................................................
Taxa, .......................................................................................... Water Rates ................................................................................
.................................................................................................... Fuel ............................................................................................
Water Rates.......i .......................................................................................................................................
Sewer Rents ................................................................................. Total Debit ................................................................................
Assessments ............................................ Tot~l Cre~t ...........................................
Total Credit ........................................... Balance Paid .........................................
C[o~ing of title under the ~thln contract is hereby &djournod to 19 . at
o'clock, at : title to be clo~ed nod all edju~tment~ to be made
a~ of 19
D~ed, 19
For value received, lhe within contract nad al{ the ~ghl, title an~ {ate~est oE the purchaser thereunder are ~e~eby assigned,
transferred nod ~et over .unlo
·nd ~aid aaaignee hereby assumes all obligations of the purchaser thereunder.
D~ted. 19
THE OBSERVANCE OF THE FOLLOWINC SUGGESTIONS 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, assessmJntB and
water rates, and any leases, deeds or ogreements affecting the property.
When there is a water meter on the premises, he should order it read. and bring b;lls therefor to Ihe c[os[ng.
If there are mortgages on the property he ,hould produce receipts showing to what date the interest has been paid. anc~ if
the principaI or rate of interest has been reduced, he should produce certificates of such reduction signed and acknowledged by
lhe holders of the mortgages.
He ~hould furnish to the purchaser a full list of tenants, giving the names, rent paid by each. and date lo which the rent
has been paid.
The PURCHASER should hc prepared with cash or a certified check drawn to his own order. The check may b~
certified for an approximate amount and cash may be provided for the balance of the settlement.
i
'M
SOUTHOLD LODI~';E, No. $73
1. O. O. F.
SOU~HOLD, NE~V YORK llgTl
It