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HomeMy WebLinkAbout5659 '1 .5- r,22.5- 9Q2S yA i4/ -S'oce_ /64 !(o Ago/7 ,e - -14is P. Fee n/T,,4,eo S r,Bi9C/C /oil Ons:_.ELr dq ' ✓ - -1 ettu to Pei £- 3_6J czp.p .A 3-J0-0,1- ,,,, APPEALS BOARD MEMBERS �• d'4�t? SOp7go _ Southold Town Hall Ruth D. Oliva. Chairwoman p' `0 �p 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer t * �1 Southold,NY 11971-0959 Vincent Orlando t �, ac Office Location: James Dinizio, Jr. O . rtD Town Annex/First Floor,North Fork Bank Michael A. Simon • �`COUI� '1.' 54375 Main Road(at Youngs Avenue) ,'' Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED ¢ TOWN OF SOUTHOLD //• WS y M Tel. (631)765-1809•Fax(631) 765-9064 APPRR�71 557 2005 O cl. FINDINGS, DELIBERATIONS AND DETERMINATION C .se& MEETING OF MARCH 10, 2005 Southold Town Clerk ZB Ref. 5659 — DOROTHY W. FAUCON Property Location: 46925 Main Road, Southold CTM 69-5-16 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 19,808 sq. ft. parcel has 99.77 feet along the Main Road and is improved with a 1-story and 2-1/2 story frame dwelling and accessory barn, as shown on the June 18, 2004 survey prepared by Joseph A. Ingegno. On February 22, 2005, floor plan diagrams were submitted by the owner showing the room layout of each of the two floors of the dwelling (including one kitchen in the main dwelling unit and one kitchen in the apartment, bedrooms, bathrooms, etc.). BASIS OF APPLICATION: Building Department's December 6, 2004 Notice of Disapproval, citing Sections 100-31B in its denial of an application for a certificate of occupancy pertaining to a two- family use of a dwelling constructed prior to 1957. The reason stated by the Building Department is that the inspection record dated November 10, 2004 indicates that the dwelling is occupied as a single-family dwelling, and that Section 100-316(1) requires a special exception for a two-family dwelling. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicant is requesting a reversal of the Building Department's December 16, 2004 disapproval concerning an application for a two-family dwelling (preexisting) certificate of occupancy. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—March 10,2005 • • ZB Ref. 5659—Dorothy W. Faucon CTM ID: 69-5-16 The applicant has submitted an Affidavit affirming that the house was modernized with a second- floor apartment (two-family conversion) in 1954 and 1955, although the original house was designed as a single-family at the time of construction (circa. 1860), and that the layout of the second apartment (on the second floor) is the same today as it was when Mrs. Dorothy Faucon and her husband renovated it in the mid-1950s. The layout of the downstairs apartment has remained the same throughout the years except from time to time repairs were made either to the heating and electrical system and now some updating of the kitchen and bathroom presently taking place (without structural repairs). The information furnished by applicant indicates that the dwelling has been used as a two-family house until the present time as such, and that it has been listed as such for fire insurance purposes. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to GRANT the application as applied for, reversing the Building Inspector's December 14, 2004 denial of an application for a certificate of occupancy for a two-family dwelling, as shown on the survey of June 18, 2004 by Joseph A. Ingegno. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). ta.) KULL Ruth D. Oliva, Chairwoman 4/14/05 Approved for Filing • • LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 3, 2005: 9:35 AM DOROTHY W. FAUCON #5659. This is an Appeal requesting Reversal of the Building Department's December 20, 2004 Notice of Disapproval, concerning a request for a Preexisting Use Certificate of Occupancy for a two- family dwelling use. The reasons stated in its denial is Section 100-31B and the code requirement for a Special Exception for a two-family dwelling, and Pre-CO Inspection Report dated November 10, 2004, indicating the existing dwelling is listed as a single-family dwelling. Location of Property: 46925 Main Road, Southold; CTM 69-5-16. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 1, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN • FORM NO. 3 J NOTICE OF DISAPPROVAL 4- c,2 �J DATE: December 20, 2004 TO: Richard Lark A/C Faucon PO Box 973 Cutchogue, NY 11935 Please take notice that your application dated December 20, 2004 For pre-existing certificate of occupancy for a "two-family dwelling" at Location of property 46925 Main Road, Southold County Tax Map No. 1000 - Section 69 Block 5 Lot 16 Is returned herewith and disapproved on the following grounds: The request for a pre-existing certificate of occupancy, on a non-conforming 19,808 square foot parcel in the R-80 District, is not permitted pursuant to Article III Section 100-31.B., which states. "...The following uses are permitted by special exceptions by the Board of Appeals..." (1) "Two-family dwellings not to exceed one such dwelling on each lot." As specified in the attached pre-co inspection report, dated November 10, 2004, the existing dwelling is listed as a single-family dwelling. elM Authori e4 ignature CC: file, Z.B.A. • :-'11 APPLICAAON TO THE SOUTHOLD TOWN WARD OF APPEALS 11-13Ac`l P 00 ` For Office Use Only Fee:$400 — Filed By: r. 1-fz-- Date Assigned/Assignment No4 Sb S 9 Office Notes: Parcel Location: House No. 46925 Street Main Road .. -• Hamlet Southold SCTDI 1000 Section 69 Block 5 Lot(s) 16 Lot Size 0.455 Zone District A—C acres I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 20, 2004 Dorothy W. Faucon, Executor of the Applicant/Owner($: Estate of Henry B. Faucon Mailing Address: P.O. Box 602, Southold, NY 11,971 Telephone: (631) 765-2284 NOTE: 1f applicant is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Richard F. Lark, Esq. of Lark & Folts, Esqs. Address: P.O. Box 973, Cutchogue, NY 11935 Telephone: (631) 734-6807 FAX: (631) 734-5651 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant'Owner(s) IX Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/16/04 FOR: Ll Buiiding Permit O Certificate of Occupancy XI Pre-Certificate of Occupancy for a two—family O Change of Use dwelling O Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 31 Subsection B Type of Appeal. Au Appeal is made for: O A Variance to the Zoning Code or Zoning Map. O A Variance due to lack of access required by New York Town Law-Section 230-A. 0 Interpretation of the Town Code, Article Section BReversal or Other Building Inspector's Notice of Disapproval for pre—existing two—family dwelling use. A prior appeal 0 has 19 has not been made with respect to this property UNDER Appeal No. N/A Year N/A . k ..) 411N1 Page 2 of 3 • Appeal Application SEE ATTACHED 1• Application for Pre-existing Certificate of Occupancy for a two-family dwelling at 46925 Main Road, Southold, New York (SCTM #1000-069.00-05.00-016.000) . 2. Consent to Inspection dated 11-5-04. 3. Affidavit of Dorothy W. Faucon dated November 10, 2004 with Schedules A, B, C, D, E and F. Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undeslra• e change will not be produced in the CHARACTER of the neighborhood or a detriment to near• properties, if granted, because: (2) The benefit sough by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, of =r than an area variance, because: (3) The amount of relief re• ested is not substantial because: (4) The variance will NOT hay= an adverse effect or impact on the physical orenvironmental conditions in the neighborhood o district because: ' (5) Has the variance been self•cr-aced? ( ) Yes, or ( ) No. if not, Is the construction existing, as built? ( ) Yes, or ( ) o. (6) Additional information about the sur ounding topography and building areas that relate to the difficulty in meeting the code require ents: (attach extra sheet as needed) This is the MINIMUM that Is necessary and • •equate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Quest •ns on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Othe se, please proceed to the signature an4 notary area below. E E OF HE'Y/B. FAUCON B}( on- !(/ ' etv,, Signature of'Appel ant or Authoriz d Agent Sworn to before me this (Agent must submit Authorization from Owner) 20t ay of December�992OD4. Dorothy W. Faucon, Executor a (Notary Public) BARBARA DIACHUN Notary Prrbrc,Stab of New York ZBA App 9/30102 No 0113163.5190•Suffolk CA cion Enos Oct.31,2� 4 TOWN OF SOUTHOLD PROPERTY RECORD CARD e,vD , 91-.5--/4 il 1- y OWNER STREET �(� co VILLAGE DIST. SUB. LOT 1-4 eI�n� ° et-A. m 1 L . -“i /f <: . S FORMER OWNER NE ACR. QctS4c>t4rr (ec454-e.cL r 0.45.0 S W TYPE OF BUILDING Airt<_.y A -,..L/ //•I:h C.•..:fL -.:7rucc["-A f/O SEAS. VL ' FARM COMM. CB. MICS. Mkt. Value OD IMP. TOTAL DATE REMARKS `(© C 01 S.o 3 2 c c ti,/,z - t_. 2264 F2-93 g o a aro° S3 Oa 97/s—/7 I— 0 at- LIO3I9r135 - Paw-en N E64, -6 Est -, - lp4 V ' 11 7 -0_ : s 19505 _I a FA. '4 i ar 1. le _ 6-fit to Cr 19505 Unt oz.) 6,9_5_ /7 4111bE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD . / o d . C S.” '_ 5 et a Meadowland DEPTH / 8 4/ House Plat. v BULKHEAD A w Total DOCK A COLOR by t-tr re- TRIM C ni 6' Ertl I si �1.••••"'". �1 • 11111 Li i 1 IP est#4a r' • 3 I/y aa y -• �� 3� - M. - 3a V 3 7 =• / / 91 */ ,g-r0 .07 .20 37 Extension / 0-X 3S = S,? S SeO Li o 0 - - Extension 1 Extension FoundationBR , `K Bath i Dinette Basement PR Floors Pt N K. Porch Ext. Walls Interior Finish "1: 4: S'a LR. two 0 b ,si diA �t S. eir Rt Breezeway Fire Place ,`,�S Heat 5 DR. Garage Type Roof Rooms 1st Floor BR. Patio _ Recreation Room Rooms 2nd Floor FIN. B O. B. (3) Q h¢ $h Of55 t a 0 Dormer Driveway Total - DI ' 49-112'i 7O / 0 5 `S - / / w• i� /// ti x18 , :/, .1 9.3 .,%., ,a, ..y .: air: , , i ,, 9.2 I seta 1E. a // /' \ a ty rl' ----L'------/ 27.24lcl ' / /,... i ..r13 4.l • / 10.611X1 / Sx rav 11 N. e f. / \/ . // \ 09, 3 .aa a� 1.1 13.4 It r 1.m COUNTY OF SUFFOLK o N illif 43.7* N \ \ 14 \ 12.2, \ 19.444 \ \ ”.'IIIIIIIIIIIIIIIs \ fi , 19 \ �t, 25 1. >`J c�P' it, ) \ \ 440, tea © \ •fiN.J Pt' ss \ 14.11 s P v:L.n F)R Pa.IP \l 'EC. -., „. YE SEC.NO. 31S-02-015.8 sA NE l k °A” ncn E COUNTY OF SUFFOLK © K ' 0^16 SOUTHOLD se PN4 - CE TaP^lrvl.,.LE 4P Red Property Tax Service Agency Y r �rt — -e rw s PSE P11*8 uE T,8 .e oac iM1LeCF 6 xs. Canty Center RIverhead,N Y 11901 C at T• uPc , r r6A TEc wr 1.4 Watt—K{ - r IRO-TEN PE6YS.Ory Or T 1N Ir FEE, 4 V l 0 PROCEFI, TEl SEP•cE ACM I. ; P 061RCT b 1000 PR, GN4P0411 SiL o:.I.S8.1997 Twp' SURVEY SIVAT PROPERTY SOUTHOLD D AT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK • S.C. TAX No. 1000-69-05-16 SCALE 1"=20' JUNE 18, 2004 h + AREA = 19,808.59 sq. ft. (cm t ® 9, 1 dr,' 4, 1 19,80 .59 N IIIc 4'S6fT ", oco . oft o ac. Oe�V 4 1 y, sO CER AIFIEIJ TO QUEBOGUE ABSTRACT CORPORATION �pE 4, ,si PECONIC VINEYARDS REALTY, INC. ed e �f • 1 f�P ,�c °-` NOTE: 1 REFER TO CL a. T LOT NUMBERS SHOWN THUS: LOT y� oyy y SET—OFF OF REYNOLDT BLUM AT SOUTHOLD • o�o FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY - ON JUNE 8, 2001 AS FILE No. 10632 5� �oG p�� fd Z Co oCd oa 4 �yJoy�gl f �O��C t11OpF s'6it0a w ti p0. G� stft��� (•,-,:) ry9,y^ > , 0 Esti L0 .� 3 aS Lp •e° V S �. y^ a 5c S0 • _ — .- .- Y. . i0 0 O4 �j ��L0 !QIPm } � o eoro �o'ol e y e dam'o GT- v u ry J`'� OR. OCG 4 Lr- �ait te:s. 6 ♦ /. v 4".0 4 ,f,.. rya 6. IroP cr .so' ho- �� 1 BGG %G \ �".���� ooh N �'" \\ 0 CO� . �,_ \ I% C as,-or I \ %rr4krPN�b, `./j \ ' t . / 419 \ ti \ 7 \\ .•��O I'55) STANDARDS foR TITLE 5 `"'"AS ESTABLISHED THE WORM /NN\ V _ t8• BY TORN STATE LIND erP FIRE CD FOR SUCH ASSCOADON. 1 6 S i; o: _ rdtA,e.0�ty y i r N.Y.S. LIG. No. 496fiB `^Coil-oC�o G. .A6�,4.n 0•50 to ,1-� e, is a T Q r UNAUTHORIZED ALTERATION OR ADDITIO A A. Ingegno O ,f�s,G� R THIS SURVEY ISA OunoHOF JOS`VI� I. liSErnax T3O9 aE 1HE NEw ttIR1( srAFE ��i. EDUCATION LAW. sJLand Surveyor THELS OF SNNET' IMP SEA REARING THE VNO S THIS SLIP'S INKED SELL OR EA .•,CHEDULE EMBOSSED SEAL SHALL NOT SE CONSIDERED TO BEA VALID TRUE COPY CERTIFICATIONSMIDON HEREON SHALL HON Title Surveys - $UbdrviSI011S - $r!! Plans — Construction Layout ONLY TO THE PERSON FOR MOM THE SURVEY IS PREPARED. INDICATED BEHALF TO HATME Fol( (631)727-1727 DILE COMPANY. COVERMAENTAL AGENCY' µB PHONE (631)727-2090 LENDING INSRNRON FSTED HEREON. NO TO THE ASSIGNEES OF R.£ IENCMC DIST- SO- _ IS P,rn AnnRFCC NOON CERTIFICATIONS ARE NOT TRANSFERABLE ,� ' - APPEALS BOARD MEMBERS �1•01 S004,- Southold Town Hall Ruth D. Oliva,Chairwoman , ti p , 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer * *, Southold,NY 11971-0959 Vincent Orlando u, Office Location: James Dinizio,Jr. �0��,' Town Annex/First Floor,North Fork Bank Michael A. Simon l'4OnIII ��• 54375 Main Road(at Youngs Avenue) ' '� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 April 14, 2005 Richard F. Lark, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue. NY 11935 Re: ZB Ref. 5659 — Faucon Dear Mr. Lark: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its March 10, 2005 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents or amendments during the final review steps. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 4/14/05 to: Building Department i c. 011. Mt .'•11 LOCATION: 14 2s71 : A (number& street) f (municipality) SUBDIVISION: MAP NO.: LOT(S): NAME OF OWNER(S): OCCUPANCY: fie) (owner-tenant) ADMITTED BY: /21.s' ACCOMPANIED BY: KEY AVAILABLE: SUFF. CO.TAX MAP NO. 1000- ( f - s--/6 ,�Cv�ti..� SOURCE OF REQUEST: uC�, ,G,�„ DATE: ///6S- c' T DWELLING: TYPE OF CONSTR CTION: t( /04= # STORIES: Z. #EXITS: 3, FOUNDATION: e- CELLAR: RI CRAWL SPACE: TOTAL ROOMS: 1ST RLR: S� 2ND RLR: €, 3RD FLR: BA'THROOM(S): 7-. TOILET ROOM(S): — UTILITY ROOM: PORCH TYPE�:444.1•rpE i DECK,TYPE: PATIO,TYPE: BREEZEWAY: FIREPLACE:/1141404.4- 41, GARAGE: DOMESTIC HOTWATER: TYPE HEATER: IRCONDITIONING: TYPE HEAT: (94..e-4.004: -. WARM AM: HOTWATER: OTHER: ACCESSORY STRETCTURES: GARAGE,TYPE OF CONST.: STORAGE,TYPE CONST.: SWIMMING POOL: GUEST,TYPE CONST: OTHER: VIOLATIONS: CHAPTER 45 &N.Y. STATE UNIFORM FIRE PREVENTION &BUILDING CODE LOCATION DESCRIPTION-- ART. SEC. . 7 9/ C. i • REMARKS: INSPECTED BY: .4 DATE OF INSPECTION: l /el/AV TIME START: //•adv END: 1/;67-5-- , Co-R9 57Q 40- AA Nai 313105 P Moli' S 4c�y�\ � G� (�� o Town Hall,53095 Main Road O $ Fax(631)765-9502 P.O.Box 1179 %� O��/ Telephone(631)765-1802 Southold,New York 11971-0959 = O'/ * •„.. BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: Ruth D. Oliva, ZBA Chairwoman From: Michael Verity, Chief Building Inspector Date: February 18, 2005 Re: 12/20/04 Notice of Disapproval (Faucon) Please be advised that the Pre C.O. and disapproval were based on a visual inspection performed on 11/18/04. Therefore, there is no additional information available at this time. Thank you. 01) „ea' APPEALS BOARD MEMBERS 'o'p$ $0117/, , Southold Town Hall Ruth D. Oliva,Chairwoman , h p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer ,fit; Southold,NY 11971-0959 Vincent Orlando N Office Location: James Dinizio,Jr. ���,, Town Annex/First Floor,North Fork Bank Michael A. Simon : IiJ�COU '��• 54375 Main Road(at Youngs Avenue) '� '� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 TOWN MEMO TO: Building Department Attn: Mike Verity FROM: Ruth D. Oliva,ZBA Chairwoman DATE: February 15, 2005 r _ SUBJECT: 12/20/04 Notice of Disapproval 69-5-16 (Faucon) Our Department has received an application for a public hearing regarding the existence of a two- family dwelling use (advertised for March 3, 2005). The applicant is requesting a Reversal of the Building Inspector's December 20, 2004 Notice of Disapproval and has furnished several items in support of the appeal. The only information we received from the Building Department is a copy of the 11/18/04 inspection report. If there is any other information that the Building Department has in support of its action of Disapproval, please furnish this information for the appeal record. Mr. Lark has confirmed the position with the Building Department in his February 11, 2005 letter (copy attached), and information from the Building Department would be helpful. Thank you. Ends. (BI Insp Report and Applicant's 2/11/05 letter) Ab ` f I%/, d + r/L c a�j 0 ! • b OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET `1311— S105-I TO: "--i-CACLADb Ecl U FROM: ( � DATE: 02/ of c/2005 RE: 2/ a /05 Agenda (or e_Lt_c ovJ 151 5 7 MESSAGE: Correspondence or related attached regarding the above for your information, A-t--t-C-Lot-L-1_ &Plat. d_cJ3rat a—rl I / s - - ��y -� 7A- / /A Thank you. Pages attached: . C/ ( -t - / t . vs j N. Y _ LARK&FOLTS fry_•__.__—._.-._._.___— -----__, Attorneys at Law "� 28785 MAIN ROAD ka , css.s... J�1 �� 3 7 Q C��/p/J ' PO BOX 973 I' CU CHOGUE,NEW YORK 11935 _._...r_ Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS February 22, 2005 Ms . Ruth D. Oliva Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Dorothy W. Faucon Appeal #5659 Dear Ms . Oliva: Pursuant to your letter dated February 15, 2005 in connection with the above-captioned matter, I am enclosing seven copies of a sketch diagram prepared by Dorothy Faucon showing the floor plan for the first and second floors of the premises . Also enclosed are seven copies of the survey showing the entrances to the premises . If you need any other information, do not hesitate to contact me. Very truly yours, 60-e-ei , ---7(:;;Z2-abi,§) Richard F. Lark RFL/bd Enclosures (. J5_.) Eh-11'1=41C Pr - -- r E -q p-1 4eNf P. /07v,-un1 i /1 y - Twa -fAm;lyc�w-eIl, iJ Ys, nom' Sou-J)of cY, N2wVorK / a• ` ' �!1p (SCTM 41666 — 6q — 3-16 ) . IG bOSC} 4,-.3*-.. FLUa PLAN ' • laurritiaL 4.7 ' .: t/®s i- 1 r) I _,it.' 1 le heh 1, . m Ii-.•..ms•--/ c'' I s a i w 7)1 c- Ti . s1 • ffua 9+.� � •e` i I r� I ...,......-04 op /' 1-10.0 r=' . 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CT _ -. .o - _ _ 11, r/ - • • V :::;.:•;•;..v.iff;,iti:..1..e......;•..k.sir.:,..:. e Y` AV'))D\\< LARK & FOLTS // P ` WI '0"�A Attorneys at Law �� 28785 MAIN ROAD PAIL G!�LTQc ArL PO BOX 973 CUTCHOGUE,NEW YORK 11935 I `,'', Tele.No.(631)734-6807 FEBu 2005 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS February 11, 2005 Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 RE: Estate of Henry B. Faucon - Pre-existing two-family house (SCTM #1000-069 . 00-05 . 00-016 . 000) Dear Board Members : On January 13 , 2005 I submitted to the Building Inspector, Michael Verity, affidavits of the applicant and five other individuals all with personal knowledge of the two-family house at 46925 Main Road, Southold, New York (copy of letter enclosed) . The purpose of the request was to ask the, Building Inspector to review his December 20, 2004 disapproval of a Certificate of Occupancy for a pre-existing two-family house. I spoke to Mr. Verity on February 11, 2005 wherein he informed me he is not changing his opinion and the denial previously given on December 20, 2004 stands . Mr. Verity told me it was his opinion the house was originally built as a single family residence and that is what it should be in spite of the fact it has been converted to a two-family use. There is no question the residence was originally constructed as a single family (circa. 1860) . However, it was converted in 1954 and 1955 to a two-family house which was prior to the enactment of zoning in the Town of Southold which was on April 9,1957, and it has been from that date until the present time used as such. Be that as it may, please place the matter on the Board of Appeals March 3 , 2005 hearing calendar. Very truly yours, ;12/1 Richard F. Lar RFL/bd Enclosure ! a • LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK January 13 , 2005 MARY LOU FOLTS Mr. Michael J. Verity Southold Town Building Department P.O. Box 1179 Southold, NY 11971 RE : Estate of Henry B . Faucon (SCTM #1000-069 . 00-05 . 00-016 . 000) Dear Mr. Verity: On December 20, 2004 you issued a Notice of Disapproval for a pre-existing Certificate of Occupancy for a two-family dwelling, a copy of which is enclosed. I have obtained additional proof to show this house was a two-family dwelling. Enclosed are the following: 1 . Affidavit of Dorothy W. Faucon sworn to on January 13 , 2005 with attached leases . 2 . Affidavit of Rodney V. Faucon sworn to on December 29, 2004 . 3 . Affidavit of Alfred Goldsmith sworn to on January 5, 2005 . 4 . Affidavit of Judith A. Mengeweit sworn to on January 10, 2005 . 5 . Affidavit of Jean Dickerson Midgley sworn to on January 11, 2005 . 6 . Affidavit of Dudley A. Newbold sworn to on January 12, 2005 . Kindly review the above and let me know if this is sufficient proof for you to issue a pre-existing Certificate of Occupancy for a two-family dwelling on this parcel . Very uty yours, r chard F. a RFL/bd Enclosures cc. Southold Town Board of Appeals -',`""` tl R TOWN OF SOUTHOLD 'a > BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health / ' SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631)765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20Contact: Approved ,20 Mail to: Disapproved a/c • Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT (PRE—EXISTING TWO _FAMILY DWELLING) Date December 16 ,20 04 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. / a� (Signature o plican or n e,if a torpor 46845 Main Road — P.O. Box 602 Southold, New York 11971 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect,engineer, general contractor, electrician,plumber or builder Owner, Executor of Estate of Henry B. Faucon Name of owner ofpremises Estate of Henry B. Faucon (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer N/A (Name and title of corporate officer) Builders License No. N/A Plumbers License No. N/A Electricians License No. N/A Other Trade's License No. N/A 1. Location of land on which proposed work will be done: 46925 Main Road, Southold House Number Street Hamlet County Tax Map No. 1000 Section 6 9 Block 5 Lot 16 Subdivision N/A Filed Map No. -- Lot -- (Name) 2. State existing use and occupancy of premises and'intelnded use and occupancy of proposed construction: a. Existing use and occupancy two-family dwelling (pre-existing) b. Intended use and occupancy two-family dwelling 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other WorkMinor renovation and repair to downstairs kitchen and bathroom. (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units 2 Number of dwelling units on each floor 1 If garage, number of cars 2 6. If business, commercial or mixed occupancy,specify nature and extent of each type of use. - N/A 7. Dimensions of existing structures,if any:Front 3 8 .2 ' Rear 15.3 ' Depth 6 7 ' Height 2 9±' Number of Stories 2 N/A Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construe ion: Front Rear Depth Height Number of Stories -9. Size of lot: Front 9 9 . 7 7 ' Rear 110. 2 4 ' Depth 18 8. 9 2 ' Transfer 10. Date ofP-arasee_ 5/7/87 Name of Former Owner Elizabeth C. Faucon 11. Zone or use district in which premises are situated A-C (Agricultural-Conservation) 12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO X 13. Will lot be re-graded?YES NO X Will excess fill be removed from premises?YES NO x Estate of Henry B. 46845 Main Road 14. Names of Owner of premises Fauc Address Southold, NY11971Phone No.(631) 765-2284 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. See attached survey of Joseph A. Ingegno dated June 18, 2004. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE.OF NEW YORK) SS: COUNTY OF SUFFOLK) Executor of the Estate DOROTHY W. FAUCON being duly sworn,deposes and says that(s)he is the Applicant (Name of individual signing contract)above named, • (S) a Owner (Contractor,Agent,Corporate Officer,etc.) -o€-said owner or-owners,and is duly authorized to perform or have-performed the said work and to make and file this application; - that all statements contained in this application are true to the best ofttlinowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 16th day of December 20 04 E. TATE 0 HENRY B. FAUCO �' r i,i 1P,% ' LSA.../1/ ✓/ _' _ /l Notary Public ' -Signature of Appli% t Dorothy W. Faucon, Executor BARBARA DIACHUN No 010144335190-Public,State of New Yotk Suffolk County Commission Expires Oct.31,200 C L f - l/Lo/D c OP• LARK& FOLTS Attorneys at Law ( (4. 4a.aczyt, vivo , !`K-`J 28785 MAIN ROAD //�� PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS January 13 , 2005 Mrs . Linda Kowalski `.M Southold Town Board of Appeals JAN 1 4 2005 53095 Main Road � �ore s � P. 0. Box 1179 s el Southold, NY 11971 e�=_rdP;^ T ! /1 /0,5` RE: tstate of Henry B . Faucon (SCTM #1000-069 . 00-05 . 00-016 . 000) Dear Mrs . Kowalski : I am enclosing a copy of a letter with attachments which I filed with Michael Verity at the Building Department . Please include this with your file . If you need any other information, kindly give me a call . Very t my yours, /417(71.- `ichard F. Lark RFL/bd Enclosures L i LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK January 13 , 2005 MARY LOU FOLTS Mr. Michael J. Verity Southold Town Building Department P.O. Box 1179 Southold, NY 11971 RE: Estate of Henry B. Faucon (SCTM #1000-069 . 00-05 . 00-016 . 000) Dear Mr. Verity: On December 20 , 2004 you issued a Notice of Disapproval for a pre-existing Certificate of Occupancy for a two-family dwelling, a copy of which is enclosed. I have obtained additional proof to show this house was a two-family dwelling. Enclosed are the following: 1 . Affidavit of Dorothy W. Faucon sworn to on January 13, 2005 with attached leases. 2 . Affidavit of Rodney V. Faucon sworn to on December 29, 2004 . 3 . Affidavit of Alfred Goldsmith sworn to on January 5, 2005 . 4 . Affidavit of Judith A. Mengeweit sworn to on January 10, 2005 . 5 . Affidavit of Jean Dickerson Midgley sworn to on January 11, 2005 . • 6 . Affidavit of Dudley A. Newbold sworn to on January 12, 2005 . Kindly review the above and let me know if this is sufficient proof for you to issue a pre-existing Certificate of Occupancy for a two-family dwelling on this parcel . Very _ my yours, rs, / r •ichard F. a RFL/bd Enclosures `ecc . Southold Town Board of Appeals DEC 20 '04' 10:29'AM SC-1— LD BUILDING 631 7ES 9502 P.1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 20,2004 TO: Richard Lark A/C Faucon PO Box 973 Cutchogue, NY 11935 Please take notice that your application dated December 20,2004 For pre-existing certificate of occt panty for a"two-family dwelling" at Location of proporty 4 25 Main Road, Southold County Tax Map No. 1000- Section 69 Block 5 Lot 16 Is returned herewith and disapproved on the following grounds: The request p fora re-existitig.ceificate of occupancy, on a non-conforming 19,808 sgi;ake foot parcel in the R-80 District, is not permitted pursuant to Article III Section 100-31.B.,which states; '`...The following uses aye permitted by special exceptiozg by the Board of Appeals..." (1) "Two-family dwellin}s not t cceed one such dwelling on each lot." ,,s�a�i+oma reeag+- As specified in khe attached pre-c dated November 10,2004.the existing dwelling is listed as a single-family dwelling. • Authorized Signature CC: file, Z.B.A. ! 7 STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: DOROTHY W. FAUCON, being duly sworn, deposes and says : I reside at 46845 Main Road, Southold, New York. I am making this affidavit to both the Building Inspector of the Town of Southold and the Southold Town Zoning Board of Appeals concerning my application for a pre-existing certificate of occupancy for a two family home at 46925 Main Road, Southold, New York. Originally, I submitted to the Building Inspector an affidavit dated November 10 , 2004 , a copy of which I am attaching hereto as Exhibit A. I requested the Building Inspector, Michael Verity, to come to the house to do an inspection for the purpose of obtaining a certificate of occupancy for a pre-existing two family house. When the Building Inspector, Michael Verity, came to the property on November 18, 2004, I reviewed everything with him and showed him throughout the house and property. Apparently Mr. Verity did not believe me or understand me because he found the house was just a single family use stating that is what the tax assessor had classified the premises . For fire insurance purposes it has always been listed as a two family house (see attached insurance declarations) . He was also concerned about some improvements . I pointed out there were no real improvements, only necessary repairs, like replacing a wooden landing over a deteriorated concrete slab and one of the entrance ways . There was also plumbing work done due to repair of leaky pipes and various electrical repairs . Over the years, miscellaneous repairs had to be made due to the damage caused by tenants . I was very upset at his findings since the fact this is an old two family house which is self-evident from a common sense point of view. The fact that I have to go to the Zoning Board of Appeals to reverse his decision seems a bit ridiculous . I am painfully aware that my deceased mother-in-law, Elizabeth Faucon, was told back in the late 1960 ' s and she should have taken care of this matter with the Building Inspector, Howard Terry, but she did not, and I am now stuck with the problem of no certificate of occupancy. I repeat again, in 1954 and 1955 I personally, along with my husband, Bruce, modernized the second floor apartment to make it suitable for living space for myself and our family, before we moved next door in June of 1958 . We modernized the second floor bathroom by not only replacing the sink and toilet but also the shower and the tub. We expanded the kitchen area and the use of the back bedrooms which were not inhabited at that time but used 1 C' t as a storage pantry for food, winter clothing and other miscellaneous storage. The apartment has two bedrooms, a living room and a kitchen area as well as a play room for the children. The layout of the second floor apartment is the same today as it was when my husband and I renovated it in the mid 1950 ' s . I cannot understand why the Building Inspector will not accept this as fact . The layout of the downstairs apartment has remained the same throughout the years except from time to time repairs were made either to the heating and electrical system and now some updating of the kitchen and the bathroom are presently taking place but the. arrangement of the rooms is exactly the same. In other words, there are no structural repairs . My husband' s records are in disarray and I cannot find all of the leases that he had over the years since my mother-in-law passed away. Further, I cannot find any of Betty Faucon' s records and I was always told when she leased the upstairs it was on an oral basis so I am attaching to this affidavit what leases I could find. I requested previous neighbors and friends of both my husband and Betty Faucon as well as my son, Rodney, to furnish to the Building Inspector and the Board of Appeals their affidavits from what they know about the use of this house. I am attaching the affidavits of Rodney V. Faucon, Alfred Goldsmith, Judith A. Mengeweit, Jean Dickerson Midgley and Dudley A. Newbold. Therefore, I respectfully request the Building Inspector to reconsider his prior decision dated December 20, 2004 and if he still continues to deny my application; then for the Board of Appeals to consider my application to approve the issuance of a certificate of occupancy for a pre-existing two family home. L/11) Dorothy W.yFaucon Sworn to before me this 13th day of January, 2005 J04140L) Notary Public BARBARA DIACHUN Notary Public,State of New York No 01014635190-Suffolk County Commission Expires Oct.31,200(7 2 1 t r L'- STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK: DOROTHY W. FAUCON, being duly sworn, deposes and says : I reside at 46845 Main Road, Southold, New York 11971 and am making this affidavit to the Building Inspector of the Town of Southold requesting the premises described in Schedule A and shown on the survey of Joseph A. Ingegno dated June 18, 2004 • which is attached hereto as Schedule B will be designated as a two-family house by the Building Inspector of the Town of Southold. I am the widow of Henry B . Faucon who died testate on August 11, 2003 . The Surrogate ' s Court of Suffolk County on February 25, 2004 appointed me as Executor of his Will . At the time of his death, Henry B. Faucon owned the property described in Schedule A and as shown on the survey in Schedule B by virtue of a deed dated May 7, 1987 and recorded in the Suffolk County Clerk' s Office on May 14 , 1987 in Liber 10319 Page 135 from the Estate of his mother, Elizabeth C. Faucon, who died on June 28, 1986 . A copy of the deed is attached hereto as Schedule C. Elizabeth C . Faucon was the owner of the property in Schedule A since December 3 , 1942 by virtue of a deed from Oscar S . Case which deed was recorded in the Suffolk County Clerk' s Office on December 3 , 1942 in Liber 2264 Page 293 , a copy of which deed is attached hereto as Schedule D. I married Henry B. Faucon on September 7, 1952 . At the time of our marriage I had known Mr. Faucon for two years . At this time (1950) Henry Faucon was living with his father, Henry Victor Faucon and his mother, Elizabeth Faucon in the house on the subject premises at 46925 Main Road, Southold, New York. At that time, as it is at the present, the house had two stories and his parents lived on the first floor. The first floor consisted of a living room, great room (used as a bedroom) , kitchen with walk-in pantry, full bathroom, dining . room, and workshop in the rear. This floor also has front and back entrances . The second floor has two bedrooms, living room, kitchen area, playroom and a full bathroom. The second floor has separate front and back entrances . At that time (1950) the second floor was rented out to roomers, borders and tourists . The point being it was always occupied but there were different people at various times during any one year. I was told by Elizabeth Faucon after she purchased the house in 1942 the second floor was used primarily as a tourist home and she had a separate bathroom put in on the first floor so the second floor could 'be used separately. Elizabeth Faucon, her husband and her son lived on the first floor. The second floor was rented out to third parties (see letter of Dudley A. Newbold dated May 1, 2004 which is attached hereto as Schedule E) . EXHIBrE A T r .b /= I was infori by Mrs. Faucon the origiL house was constructed prior to the Civil War, sometime around 1849, and there was an addition to the house and the barn which were built prior to 1900 . Basically, since that time there has been no structural changes to the house . After we were married in 1952, I and my husband occupied the second floor apartment from June of 1954 to June of 1958 . We modernized the second floor to make it suitable for a family. My husband' s parents continued to live on the first floor. On April 17, 1957 Elizabeth C. Faucon gave myself and my husband the westerly 70 feet of this property so we could construct our own home because we needed more room because of our children being born (a copy of the deed is attached hereto as Schedule F) . As I stated my husband and I continued to live on the second floor of this house until June of 1958 when our home was built . In 1959 the upstairs apartment was rented out to third parties for an apartment, but from time to time it was also rented as individual rooms for borders and tourists . Meanwhile in the downstairs apartment my husband' s parents continued to live in their own separate living quarters on the first floor. Repairs were continually being made on the second floor apartment so it could be rented. Since that time the second floor has been occupied by tenants usually under a lease for a year or two right up to November of 2004 . In 1986 Elizabeth Faucon died and subsequently the upstairs apartment was occupied by my son, Rodney Faucon and his wife . Both apartments continued to be rented. It is difficult to remember over the years, but some of the names of tenants were James and Dianne Foster, Charles and Bianca Kreidler, Jennifer Bourcet and Kevin Daniels, Pamela Zahra and David Grigg, James and Lisa Malone, Carol A. Hubbard, Tanisha Hubbard and Jason Smith, and Helen Schroeder. Prior to my husband' s death we started to remodel the downstairs apartment updating the kitchen and bathrooms and restoring the other rooms with the original woodwork. This was ongoing when my husband passed away on August 11, 2003 . I continued with some of the renovations but could' not keep, up with it so in March of 2004 I entered into a contract with Blum who agreed to continue the renovation of the downstairs apartment and agreed to buy same once I obtained a Certificate of Occupancy for a two-family dwelling. The renovations are in the process at the present time and the reason for this affidavit is to obtain a Certificate of Occupancy for a two-family house. N . , Dorothy' W. Faucon Sworn to before me this 10th day of November, 2004 162, j1?-el • Notary Public BARBARA DIACHUN Notary Public,Stale of New York (- No 01D14835190-Suffolk Cam, , Commission Expires Oct.31,200 (� 1 L ` 1940 POLICY OECLARATI, PAGE 1 Nwwis COMMERCIAL UNION INSURANCE COMPANY RPO2 STD POLICY PERIOD TERM POLICY NUMBER 12 : 01 A { RESIDENCE PREMISES (YRS) PRODUCER CODE AGENT OR BROKER CJ—SK94750 FROM06-26-95 TO 06-26-96 01 3158703-00 ROY H. REEVE AGENCY INC The residence premises covered by this policy is located at the Insured's Address unless otherwise stated(No,Street,Apt,Town or City,State&Zip) 46925 MAIN ROAD SOUTHOLD NY 11971 Named Insured and Mailing Address NEW POLICY ' THIS IS NOT A BILL. PAMELA J ZAHRA A SEPARATE CU—MATIC PREMIUM NOTICE DAVID L. GRIGG IS BEING MAILED TO YOU. 1830 PIKE STREET - WELCOME... YOUR AGENT AND CU MATTITUCK NY ARE ALWAYS READY TO SERVE YOU. 11952 Coverage is provided where a premium or limit of liability is shown BASIC SECTION I - SECTION II 1 POLICY A DWELLING B OTHER STRUCTURES C PERSONAL PROPERTY D LOSS OF USE E PERSONAL LIABILITY F MEDICAL PAYMENTS COVERAGES '(Each Occurrence) LIMITS OF LIABILITY 15, 000 3,000 500,000 1 ,000 Deductible-Sgection 1.In case of loss,under Sec 1,we cover only that part of the loss over the PREMIUMS dedcuctlble stated r BASIC ADD'L COVER SCHED PERS PROP TOTAL $250.00 SECTION 1. 148 148.00 NUMBER OF PREMIUM PROTECT'N O L&T MILES FROM NUMBER OF FAMILIES CONSTRUCTION OF DWELLING ,GROUP TERR CLASS CODE FEET FROM HYDRANT FIRE DEPT APARTMENTS FRAME 0000 77 6 WITHIN 1000; WITHIN 5 100 (a) The residence premises is not seasonal,(b)No business pursuits are conducted on the residence premises,(c)The residence premises is the only premises where the named insured or spouse maintains a residence other than business or farm properties,(d)The insured has no full time residence employees,(e)The insured has no outboard motor(s)or watercraft otherwise excluded under this policy for which coverage is desired Exceptions,if any,to(A),(B),(C),(D),or(E) Absence of any entry means'No Exceptions' ,P R OT. LDC• !SOUTHOLD FD J ADD'L INSUREDINTEREST. BILL TO: N MORTADD'L INSURED NAME AND NAME AND ADDRESS ADDRESS HENRY B. FAUCON ADDITIONAL INSURED P.D. BOX 602 SOUTHOLD NY 11971 ' cSECTION II-Other Insured Locations(No,Street,Apt,Town or City,State&Zip) Form(s)and Endorsements made part of this policy at time of issue(Number(s)and Edition Date(s)) HO-4 04-84 G6059 HO-322 09-85 G11555-5 - 011830 11-92 INFLATION PROTECTION COVERAGE AT NO ADDITIONAL CHARGE HO-41 — 04-84 ADDITIONAL INSURED (RESIDENCE PREMISES) HO-216 - 04-84 ALARM OR FIRE PROTECTION SYSTEM — 4% CREDIT 011732 ; 08-91 REPLACEMENT COST ENDORSEMENT — PERSONAL PROPERTY Policy has been amended as follows (A=ADDED D=DELETED CF'CHANGED FROM) ` - PREMIUM ADDrONAL RETURN ADJUSTMENTS - J G20161-4(Ed 11-91) - -.. r' PTIFICQTF ,;OPV ...;^^ -, ..d- e.g Own n + t A, . i t , n I y Insurance COMMERCIAL UNION INSURANCE COMPANY COMMERCIAL UNION INS. CO 100 CORPORATE PKWY, 1200 ADDITIONAL INSURED BUFFALO, NY 14226 CERTIFICATE - THIS IS NOT A BILL, STATEMENT TO FOLLOW AGENT NAME AND ADDRESS HENRY B. FAUCON ROY H . REEVE AGENCY INC 3158703 ADDITIONAL INSURED MAIN ROAD, BOX 54 P.O. BOX 602 MATTITUCK, NY 11952 SOUTHOLD NY 11971 NAMED INSURED AND ADDRESS POLICY NUMBER PAMELA J ZAHRA C J SK94750 DAVID L . GRIGG POLICY TYPE 1830 PIKE STREET HOMEOWNERS FORM 4 MATTITUCK NY 11952 INTEREST: THIS NOTICE CERTIFIES THAT ONE OF THE COMMERCIAL UNION INSURANCE COMPANIES HAS ISSUED A POLICY WHICH LISTS YOU AS HAVING AN INTEREST IN THE PROPERTY DESCRIBED BELOW. IF YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CONTACT THE LISTED AGENT. NEW POLICY EFFECTIVE 06/26/95 THRU 06/26/96 FOR COVERAGE DATA SEE BELOW DESCRIPTION OF PROPERTY: LOCATED AT : 46925 MAIN ROAD SOUTHOLD NY 11971 HOMEOWNERS COVERAGE ON THE DWELLING AT THE ABOVE ADDRESS - DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE $15,000 $3,000 PERSONAL LIABILITY MEDICAL PAYMENTS , $500,000 *1 ,000 SUBJECT TO A *250 DEDUCTIBLE THE TERMS OF OUR POLICY(see reverse)REQUIRE THAT WE GIVE A MORTGAGEE THE SAME ADVANCE NOTICE OF CANCELLATION WE GIVE OUR INSURED AND THAT WE NOTIFY AN ADDITIONAL INSURED OF TERMINATION.NOTE:THIS POLICY IS CONTINUOUS AND UNLESS WE NOTIFY THE INSURED TO THE CONTRARY,RENEWAL IS AUTOMATICALLY OFFERED.WE WILL NOTIFY YOU IF WE DO NOT OFFER RENEWAL OR IF THE INSURED DOES NOT ACCEPT OUR OFFER.WE WILL ALSO SEND YOU NOTICE OF ANY OTHER POLICY CHANGES WHICH AFFECT YOUR INTEREST. GENERATED 07-05-95 THE HOMEOWNERS LIMIT OF LIABILITY FOR COVERAGE A, COVERAGE B, COVERAGE C AND COVERAGE D ARE ADJUSTED ANNUALLY FOR INFLATION BASED ON A RESIDENTIAL BUILDING COST INDEX PROVIDED TO US BY A MAJOR APPRAISAL COMPANY. G20192(Dec.'69 Ed.) a i a Insurance COMMERCIAL UNION INSURANCE COMPANY COMMERCIAL UNION INS. CO 100 CORPORATE PKWY, #200 ADDITIONAL INSURED BUFFALO, NY 14226 CERTIFICATE - THIS IS NOT A BILL, STATEMENT TO FOLLOW AGENT NAME AND ADDRESS HENRY B. FAUCON ROY H . REEVE AGENCY INC 3158703 ADDITIONAL INSURED MAIN ROAD, BOX 54 P. O. BOX 602 MATTITUCK, NY 11952 SOUTHOLD NY 11971 NAMED INSURED AND ADDRESS POLICY NUMBER PAMELA J ZAHRA C J SS��K��94755y0 DAPOVID BOXL1137IGG HOMEOWPI YRTSPE FORM 4 MATTITUCK NY 11952 INTEREST: THIS NOTICE CERTIFIES THAT ONE OF THE COMMERCIAL UNION INSURANCE COMPANIES HAS ISSUED A POLICY WHICH LISTS YOU AS HAVING AN INTEREST IN THE PROPERTY DESCRIBED BELOW. IF YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CONTACT THE LISTED AGENT. POLICY CHANGE EFFECTIVE 07/30/95 FOR REVISED COVERAGE DATA, SEE BELOW DESCRIPTION OF PROPERTY: LOCATED AT 46925 MAIN ROAD SOUTHOLD NY 11971 HOMEOWNERS COVERAGE ON THE DWELLING AT THE ABOVE ADDRESS - DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE $15,000 $3,000 PERSONAL LIABILITY MEDICAL PAYMENTS $500,000 $1 ,000 SUBJECT TO A $250 DEDUCTIBLE THE NAME OF THE INSURED HAS BEEN CHANGED THE TERMS OF OUR POLICY(see reverse)REQUIRE THAT WE GIVE A MORTGAGEE THE SAME ADVANCE NOTICE OF CANCELLATION ' WE GIVE OUR INSURED AND THAT WE,NOTIFY AN ADDITIONAL INSURED OF TERMINATION.NOTE:THIS POLICY IS CONTINUOUS AND UNLESS WE NOTIFY THE INSURED TO THE CONTRARY,RENEWAL IS AUTOMATICALLY OFFERED.WE WILL NOTIFY YOU IF WE DO NOT OFFER RENEWAL OR IF THE INSURED DOES NOT ACCEPT OUR OFFER.WE WILL ALSO SEND YOU NOTICE OF ANY OTHER GOE lE alltfiFS ett-IIC6itFRT YOUR INTEREST. THE HOMEOWNERS LIMIT OF LIABILITY FOR COVERAGE A, COVERAGE B, COVERAGE C AND COVERAGE D ARE ADJUSTED ANNUALLY FOR INFLATION BASED ON A RESIDENTIAL BUILDING COST INDEX PROVIDED TO US BY A MAJOR APPRAISAL COMPANY. G20192(Dec.'89 Ed.) a � Insurance COMMERCIAL UNION INSURANCE COMPANY COMMERCIAL UNION INS. CO 100 CORPORATE PKWY, 1200 ADDITIONAL INSURED BUFFALO, NY 14226 CERTIFICATE - THIS IS NOT A BILL, STATEMENT TO FOLLOW AGENT NAME AND ADDRESS HENRY B. FAUCON ROY H . REEVE AGENCY INC 3158703 ADDITIONAL INSURED MAIN ROAD, BOX 54 P.O. BOX 602 MATTITUCK, NY 11952 SOUTHOLD NY 11971 NAMED INSURED AND ADDRESS POLICY NUMBER PAMELA J ZAHRA C J SK94750 VLIGG POBOX1137 HOME ReaPE FORM 4 MATTITUCK NY 11952 INTEREST: THIS NOTICE CERTIFIES THAT ONE OF THE COMMERCIAL UNION INSURANCE COMPANIES HAS ISSUED A POLICY WHICH LISTS YOU AS HAVING AN INTEREST IN THE PROPERTY DESCRIBED BELOW. IF YOU HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CONTACT THE LISTED AGENT. EFFECTIVE 07/31/95 THIS POLICY HAS BEEN CANCELLED. DESCRIPTION OF PROPERTY: LOCATED AT : 46925 MAIN ROAD SOUTHOLD NY 11971 HOMEOWNERS COVERAGE ON THE DWELLING AT THE ABOVE ADDRESS - DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE $15,000 $3,000 PERSONAL LIABILITY MEDICAL PAYMENTS $500 ,000 $1,000 SUBJECT TO A $250 DEDUCTIBLE THE TERMS OF OUR POLICY(see reverse)REQUIRE THAT WE GIVE A MORTGAGEE THE SAME ADVANCE NOTICE OF CANCELLATION WE GIVE OUR INSURED AND THAT WE NOTIFY AN ADDITIONAL INSURED OF TERMINATION.NOTE:THIS POLICY IS CONTINUOUS AND UNLESS WE NOTIFY THE INSURED TO THE CONTRARY,RENEWAL IS AUTOMATICALLY OFFERED.WE WILL NOTIFY YOU IF WE DO NOT OFFER RENEWAL OR IF THE INSURED DOES NOT ACCEPT OUR OFFER.WE WILL ALSO SEND YOU NOTICE OF ANY OTHER P L fX atits etIICiiI6AfFJT YOUR INTEREST. THE HOMEOWNERS LIMIT OF LIABILITY FOR COVERAGE A, COVERAGE B, COVERAGE C AND COVERAGE D ARE ADJUSTED ANNUALLY FOR INFLATION BASED ON A RESIDENTIAL BUILDING COST INDEX PROVIDED TO US BY A MAJOR APPRAISAL COMPANY. G20192(Dec.'89 Ed.) • This isy."3_rl,ilti l i k-404.- page, with Jacket-— Form `' ' , and forms and endorsements Iisteo ueww, 61,1.7.3. ;your.Dwelling Policy. - , k I , }.;":•;',1:,,‘;',', ,.' HARTFORD �;'ti± iNSURAlNC CI')MF''r�N`R P�` '`' ' 'INSURER: I' "': -r Hartford Plaza, Hartford, Connecticut 06115 Co. Code �''�{�, - ,Jn, ,,./.., I ; POLICY NO. 12 ,t j"; :368081 01._ • Previous Policy No. F I3CON HENRY 3: : DOROTHY W DECLARATIONS NEW PO BOY '.0Z MAIN RD Named Insured and Mailing Address ► SOUTHOL.D (Number, Street, Town or City, County, State, Zip Code) NY 11,9'T 1 FA c.)rt --co Policy Period- ► Oa'' 0 95 02: OZ 96 I. YEAR Producer's Name Producer's Code From To Years ' ROY H REEVE AGCY INC 0,1,,,:f.: . This Insurance applies to the Described Location, Coverage for which a Limit of Liability is shown and Perils Insured Against for which a Premium is stated. DESCRIBED LOCATION-THE DESCRIBED LOCATION COVERED BY THIS POLICY IS AT,THE ABOVE ADDRESS UNLESS OTHERWISE STATED.(NUMBER,STREET,APARTMENT,TOWN OR CITY,COUNTY,STATE,ZIP CODE) . 46550 MAIN RD WY 1197 1 ^•SC+(JTHOLD (SUFFOLK) + DEDUCTIBLE:,$ 250 PERILS INSURED AGAINST AND IgIn case of loss.under this policy we cover only that part of the loss over the deductible stated. BASIC PREMIUMS 2 SPEC I AL COVERAGES LIMIT OF LIABILITY FIRE AND EXTENDED LIGHTNING COVERAGE FORM $ � ,< ( t;x $ +s'eZ $ 215:3 $ INCL. • A. Dwelling o B.'Other Structures m C. Personal Property o D.Fahr Rental Value(1/12 per month) ' i E.Additional Living Expense (up to 25% per month) z • o • 2;PREMIUMS We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. 5 Total Basic Premiums PA YOR c I NSI JRE D Total Endorsement Total Policy a• Fire and Lightning Extended Coverage SPEC IAL+, rr`.n r,Premiums Premium TI"3RE'E PItV $ 68F $ :27T.! $ INCL $ $ 9:3 OO SINGLE 3ULL. SPECIAL STATE PROVISIONS: • , . " t .r ..tx,‘A ir.3C191,r5.� y •e 11 tr = c '-"e k-,R , CA •? trlrax ii.;fix Ht 3� (r ;7 t i `� . s ; tiVS �iy1,',Z..� t!, ILy,,,P t 1 7 tti 7: 2. t "'-y,,,- st �7 "1'' %}N ' { Z M h; h• t f»- y:•;;A:`.1',. . I.V.`;,',,,, .ly:ly:.t eft �', a,=lux 4�I4�,11-'s,'t f V.k*.,, l�m I E,�6;4. •` . _=;,' - . ....rz{ a -.:O.`,-='"i...1.:-.:-.1.!,,,;(,..f/1.".7'.../..,,,,It.'"Y .. r 5�.q.:,.,F11,,,,,,...1,,:l' r '! S.. 11'n, .'" r:R7 W.i. a 4 At' {,, > • , - ,F.RAME •. TENANT ®C �1M� �® t, -- .. �,,3riurt„'.r� b}. �S 't• iw�.-rf `€'vf7:tgmt.i ,.a� rtoS � g•» . 2R;s � � �� .,f Ft � 7 -' I } t tt " ; ft4 � eM ! tDESRIPTION.eLIMIT$ _, . > I•l, ea .t n /L sr f•x h LIMITS DESCRIPTION: ` . l ..F4r, '' I a FD •r.. 0 - a• ! "£ . .. , ,r, ' .q ,4l �, + ",7 R [, j' � i Q r. ,.r l ,:, its dS" « ,• < r +ZwNf•Vr1�Pxi .f: z;$ .tSJa & i7Vsir211 's.,,.�: :.Jrytt ,. r•:-J ` cs..Lu ,• ( ! ....7.1 ., • > } � '1 '�"4�4h ma.�. w aL« st�,qrrg � , „,,,.4:,,,a,..........E, .1 ... xrJr , , . 1, 1,.-,. r»r ,. i3 '.. Rk.. r "".( srX p”:N+ t ' � t.raltf,'S{TS " sn „r#+ Y '` tbl `�t,xr • t • e r3 t ..• 'tKt7 .{ s,y !01,"ht. 7, }>rt,i..1,41da ,4 E .4;11.104:,.:_"s"#pt,,P,fifir 1itiiV,4',,r1A- ..irr. � A.-9. :y 7 Nev1;`4,aJ h4i' ME +v su s BY �■■- •51;'- ''.4:111:7.4.1 *-- (7 '1 ' E . } : rt i -.:',4‘.:11," a ', zf - Z I I tr+ �ti� Ir. ,r + ' �,�.,_, y i'�f-a"4; ^sx r Vii, r,C �' F ...,`....-:;:.:,A,,,, f t �� •G'a',11;-,"];•,1,%.',. ..i4; yt y ram t•A'{ 5 ur _Iw ,T.l.[ d g i v� ;-, s tyt et ° i r,-. },.& , Y f!i wl 3-ii T ,81 �„We,•,...,..,:...1. .,v..41.,:,,.7,.;. Fora N-44,,1'A.ri 1�te!...pw i... L,:'''';.',1'4'..-1.,-.,e4:4,..,:-?r1_ti'u,.,,,I. e;.ri 'A..,;SA'SI.,, ',�?s}s•1... ,v. ::5,-...,:..A.,er>:t....4..- .v'.,,. 111111.1111.1111.11111.1 ENE Form and Endorsements made part of this policy at time of issue(Number,Edition,Description,Perils Insured Against,Limit of Liability,Premium) DP-3 01-77 DWELL I NG PPCIPER"TY 3 - SPEC:IAL FORM • DP—SOO 0t3-•92: i3PEC:IAL, PRCIV1' IONS —• NEW YORV, PRE onum $NIL, GZ5 Q:5-U Qac:.-B3 AMENDATORY ENDORSEMENT PttiEM t;UM y N I t.., • r 111lb Nuyo, nmt .,..�..,.,, , - _ ..... .. ... .. ... , / 31 your Dwelling Policy. , • o 30 INSURER: HARTFOI :IRE INSURANCE COMPANY 36 `4 Hartford Plaza, Hartford, Connecticut 06115 Co. Code io JB 1 POLICY NO. 12 JB 368081 LC1 DECLARATIONS Previous Policy No. F A U C O N HENRY B & DOROTHY W • 12 JB 368081 PPO BOX 602 MAIN RD Named Insured and Mailing Address t► SOUTHOLD SUFFOLK C N T Y (Number, Street, Town or City, County, State, Zip Code) NY 11971 Policy Period 12:01 a.m. Standard Time at the described location 02 02 05 02 02 06 1 YEAR Producer's Name Producer's Code From To Years 122192 - THIS-- IS NOT A BILL. YOU WILL RECEIVE ROY H REEVE AGENCY , INC A SEPARATE STATEMENT CONCERNING YOUR ACCOUNT. This insurance applies to the Described Location, Coverage for which a Limit of Liability is shown and Perils Insured Against for which a Premium is stated. DESCRIBED LOCATION—THE DESCRIBED LOCATION COVERED BY THIS POLICY IS AT THE ABOVE ADDRESS UNLESS OTHERWISE STATED (NUMBER,STREET,APARTMENT,TOWN OR CITY,COUNTY,STATE,ZIP CODE) 46925 MAIN RD SOUTHOLD (SUFFOLK) NY 11971 DEDUCTIBLE: $ 1000 PERILS INSURED AGAINST AND In case of loss under this policy we cover only that part of the loss over the deductible stated. BASIC PREMIUMS COVERAGES LIMIT OF LIABILITY FIRE AND EXTENDED SPECIAL LIGHTNING COVERAGE FORM A. Dwelling $ 345, 500 $1 ,085 $ 420 $ INCL B. Other Structures C. Personal Property D. Fair Rental Value (1/12 per month) E.Additional Living Expense (up to 25% per month) PREMIUMS We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. Total Basic Premiums PAYOR s INSURED Total Endorsement Total Policy Fire and Lightning Extended Coverage SPECIAL FORM Premiums Premium THREE P A Y $ 1 , 085 $ 420 $ INCL $ $ 1 , 505. 00 SINGLE BILL SPECIAL STATE PROVISIONS: rt,,�, i.2<'.rT; e.sy ;<e :ate ¢3";�,�: ,ya r. .:n..�•,�, 'r">".•�iR�-? �: `t-:a i+;„x'�'t't$>�"i: ¢.�+'.x,,...�,.+r�<#:.f .x;�=',¢;�'��as"= µ.�' „�9' ,,�;�,-'n''.4�:xe��$b;:'Y,';�' .;�.i��-s�.��'a,,�a,�, x�y,',�j§° �;,.��' >rZ.:, , �,'`�,��,:..� .� Aiitf�3etit t.t=�, `1��; a '"5 1l' :,:s u' / ,_: t OAF:, 0.,1 iUtl ),J PRO�Eq,mEt,, • FiRe">,,, ^'„ , 3tt. Ky � t µ9,- �'Pa'. p : �{-:Y- ,6Y, �,, � ^1i USE�m lSit:14Pt8;'CEQ&5.==�''hYr�fi�3.". ' ,�":�p tii�:: to '1�T.�`.,"`f w^-< .-. M y.S,Ff'•at`:.. :.:. g t�EFi �.: � '»s. ••� >s' - A i+r 7. ,},,R, 'i� fi.�-. - xs, a ,:,L?,iQ 't '.:i`a.,' �.i.3' �l' tx£° _... .✓ .... �..;,'"«< , 2.0 FRAME TENANT 2 7 100 2 46 1940 .7trz ;,-„ ,,.„ .,,��a. ..�.,,i,> .�;,.�#'•;';>+",.>. ':�rK^:�,. �,.�,. .,4,<:: t�' ',a .aa::�ia��.`�;,i:�.'�.Ea:�'":wry,;r.-., ,at:' .k�•_:,�°y-s# ^�' at �y`F?: 'S.">..4.:. ..�z• a.,��:>"t" <n it"w.. s:�..:�.f..;.0 �pyp��}�,�p��j���.�yRMAIOtd:' `' tt b.. �,a.r;�'.., d., '.,� � �g'3YNlTUi4ivxlldFn � .. Vim- }>: aa ''•� '.°ciF1R�4�n�FtN 'lS`TCi ,x1,'i�::• � Z <INL „s. ,170 ->>:Y,P;t, R`. Gid �'i,,:0 5, ;w, ' LIMIT$ DESCRIPTION LIMIT$ DESCRIPTION F SOUTHOLD ED EE ,* 991ty; Z., 3tl� W, •�v*zi « ', �' �f ,t. !i�� �' %'t. ,.,�,,� .a•':b''`-') s,,q'.9, ::r' .,._„:*`,, � • - : i .?•.;: MX,s �(il;'jf; . . As�4o9A9 , j'•h"SX ," �`2iSfo-" ,A' ;�'SER!At.Pii�ER ' 5126'',� IWU190`1f# MEN'w 1581G ' Ei�� 4 cFr $40 ti'•. . Z BY r ���R( ��,`sem”' ",:v ; :..;.'Ss,m; d:p j-%'%i���✓�N;: h�',..y, �R { j ,, .. , :: .i:;ys^�' '.s;�>}r';�..3A:,21P`i V i i;. ?,x1',1'-.,., t . aS' '.tSx.VWtiLf3, 'L,aimi i t'rc ., i ,) ,, 'rY. [10:1 W+! 1! .1':—,,� ('i'$,t ;,,,VA;°'::e>.o •..{ Z "b(�'tt�!¢T,< z. •�, WIN � 'rARiE�'OEt" ;, -'•,'� * . O>:"' i CHARGE$ � ;�;'';F ;�x,:;'s:,h�'�;:� � ;�,=OR�_�,LOG (POS-CITY'.AROl'!"!RE HAi!<Ft WINfiSwIWD 14 1,.,� NUMfl6R b> :,,',:/9UILDiH6� -''Gt}NTENtS s `. ..u:CFjt' M! 'MIARR: RDI gr ' ., ,Il;.,, 5 =r. ;: LIMNStl6 {l�sTCt ,HE57REs`bEFiltGRiOtiT. EIRE EC' ::tirtl ''t.:,;':.FIRE '"";. EC'.;',r; .( ;`h' • Form and Endorsements made part of this policy at time of issue(Number,Edition,Description,Perils Insured Against,Limit of Liability,Premium) DF'-3 01-77 DWELLING PROPERTY 3 — SPECIAL FORM DP-300NY 03-02 SPECIAL PROVISIONS — NEW YORK PREMIUM sNIL_. G2905-0 06-83 AMENDATORY ENDORSEMENT PREMIUM $NIL . A 495—House lease,plain English'format, © 1570 BY JULIUS BLUMBERG, INC., furnished ' or unfurnished,11-78 , PUBLISHER,NYC 10019 LEASE AGREEMENT The Landlord and Tenant agree to lease the Premises at the Rent and for the Term stated on these terms: LANDLORD: TENANT: -------Henry. B. raucom James RR Foal<e? _.# n51-_A.$.anne-G•---k'o.ater P.O. Bax 602 P.O. Box 896 Address for Notices Southold, New York 11971 Southold, New York 11971 Premises: Upstairs apartment at 46925 Main Road, Southold, New York Lease date: - Term One (1) Year Yearly Rent $.1s s 500.00 October 19 89 beginning November 1 , 19 89 Monthly Rent $ 625R'00 ending October 31, 19 90 Security $ 625,Q0 1. Use The Premises must be used to live in only and for no other reason. Only a party signing this Lease,spouse and children of that party may use the Premises. 2. Failure to give possession Landlord shall not be liable for failure to give Tenant1possession of the Premises on the beginning date of the•Term. Rent shall be payable as of the beginning of the Term unless landlord is unable to give possession. In that case rent shall be payable when possession is available. Landlord will notify-Tenant as to the date possession is available. The ending date of the Term will not change. • - 3. Rent,added rent s. ,. The rent payment for each month must.be paid on''the"Ilrst day of that month at Landlord's Address above. Landlord need not give notice to pay the rent. Rent must be'paid in full and no amount subtracted from it. The first month's rent is to be paid when Tenant signs this Lease. Tenant may be.required to pay other charges to Landlord under the`terms of this Lease. They are to be called "added rent." This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if it were a failure to pay rent. The whole amount of rent is due and payable when this`Lease is effective. Payment of rent in installments is for Ten- 'ant's convenience only. If Tenant defaults, Landlord may give'notice to Tenant that Tenant may no longer pay rent in install- ments. The entire rent for the remaining part of the Term will then be due and payable. 4. Notices Any bill, statement or notice must be in writing and delivered or mailed to the Tenant at the Premises and to the Land- lord at the Address for Notices. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. Any notice must be sent by certified mail. Landlord must send Tenant written notice if Landlord changes the Ad- dress for•Notices. 5. Security Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all the terms of this Lease, Landlord will return the security after the Term ends. If Tenant does not fully comply with the terms of this Lease, Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells the Premises, Landlord may give the Security to the buyer. Tenant will look only to the buyer for the return of the Security. 6. Utilities and services Tenant must pay for the following utilities and services when billed: gas, electric, l'Gtelephone, e Landlord will provide household garbage pickup and will mow lawn. NiktraltdatliMitilleniKateeiliallneeetiOcarlaXILYieraWeaCtAKTAXXXXIiiiikMaDaiiififeTAXECVOGEMIX 7. Furnishings If the Premises are furnished, the furniture and other furnishings are accepted "as is." If an inventory is supplied each party shall have a signed copy. 8. Repairs, alterations Tenant must keep, and at the end of the Term return the Premises and all appliances, equipment, furniture, furnish- ings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear and dam- age by the elements. If Tenant defaults, ,Landlord has the right to make repai ,an� harm Tenant the cost. The cost will beadded rent,Tenant must not alter, decorate change or add to the Premises. tt �o agrees tO DO rc' for arepairs in excess off ` l3.u1' not c 'ie to negligence of the tenant. The. telT �',-�11 paythe 1'o.r t :�20 0 of all repairs after obtaining at pro 9. Space"as is" `'•' ,,• c; I> R.: �. p o sa.11e from L:': b '•.��"( •o:.- Tenant has inspected the Premises. Tenant states that they are in good order and repair and takes the Premises-gas is." Tenant ._„'i-1 i-r'r.)t n'a tit' o9y it, Lis , screws, or' 3'JC11- r11V1 ':J:L1.1s, ' ” r-5 '17q t - ^T fy: 10. Care of Premises, grounds ' it as i ned s.ppa.ces ' ) ' - " TT na t shall keep he grounds neat and clean. Vehicles may be driven. r arke on}}��, nviva s or lh the a;age. T•,nant will keep s ioCe detectors Ln worlCing order., pe�<ant sna noty Ilse an portable or space heating systems or appliances.. Tenant shall be responsible for stoppages in traps and drains of tub, sinks and toilet and washer. *1 Add other utilities and services,if any. - Tenant must give Landlord immediate notice'in case of fire or other damage to the Premises. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease. If Landlord repairs, Tenant shall pay rent only to the date of the fire or damage and shall start to pay rent again when the Premises become usable. Landlord may cancel the Lease by giving Tenant 3 days' written notice. The Term shall be over at the end of the third day and all rent shall be paid to the date of the damage. ^" 12. Liability Landlord'is not liable for loss, expense or damage,to any person or property unless it is due to Landlord's negligence. . Tenant must pay for damages suffered and money spent by;Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant's family, employees, guests and invitees. 13. Landlord's consent If Tenant requires Landlord's consent to any act and such consent is not given, Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because such consent was not given. 14. Assignment, sublet Tenant may not sublet all or part of the Premises, or assign this Lease or permit any other person to use the Premises. 15. Landlord may enter, keys, signs Landlord may at reasonable times, enter the Premises to examine, to make repairs or alterations, and to show it to possible buyers, lenders or tenants. Tenant must=give to Landlord keys to all locks. Locks may not be changed or additional locks installed without Landlord's consent. Doors must be locked at all times. Windows must be locked when Tenant is out. Landlord may place the usual "For Rent" or "For Sale" signs upon the Premises. 16. Subordination This Lease and Tenant's rights are subject and subordinate to all present and future (a) leases for the Premises or the land on which it stands, (b) mortgages on the leases or on the Premises or on the land, (c) agreements securing money paid or to be paid by the lender, under mortgages, and (d) terms, conditions, renewals, changes of any kind in and extensions of the mortgages or leases or Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is subject and subordinate. 17. Condemnation If all of the Premises is taken or condemned by a legal authority, the Term, and Tenant's rights shall end as of the date the authority takes title to the Premises. If any part of the Premises is taken, Landlord may cancel this Lease on notice to Tenant setting forth a cancellation date not less than 30 days from the date of the notice. If the Lease is cancelled,Tenant must deliver the Premises to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord.Tenant gives Landlord any interest Tenant might have to any part of the award and shall make no claim for the value of the remaining part of the Term. 18. Compliance with authorities Tenant must, at Tenant's cost, promptly comply with all laws, orders, rules and directions of all governmental author- ities, property owners associations, insurance carriers or Board of Fire Underwriters or similar group. Tenant may not do anything which may increase Landlord's insurance premiums. If Tenant does Tenant must pay the increase as added rent. 19. Tenant's defaults and Landlord's remedies A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults: 1. Failure to pay rent or added rent on time. 2. Improper assignment of the Lease, improper subletting all or part of the Premises, or allowing another to use the Premises. 3. Improper conduct by Tenant or other occupant of the Premises. 4. Failure to fully perform any other term in the Lease. B. If Tenant fails to correct the defaults in section A within the 5 days, Landlord may cancel the Lease by giving Tenant a written 3 day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease auto- matically end and Tenant must leave the Premises and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses. C. If the Lease is cancelled, or rent or added rent is not paid on time, or Tenant vacates the Premises, Landlord may •• in addition to other remedies take any of the following steps: 1. Enter the Premises and remove Tenant and any person or property; - 2. Use dispossess, eviction or other lawsuit method to take back the Premises. D. If the Lease is ended or Landlord takes back the Premises, rent and added rent for the unexpired Term liecomes due and payable. Landlord may re-rent the Premises and anything in it for any Term. Landlord may re-rent for a loiter rent and give allowances to the new tenant. Tenant shall be responsible for Landlord's cost of re-renting. Landlord's cost shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting. Tenant shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied to the reduction of money Tenant owes. Tenant waives all rights to return to the Premises after possession is given to the Land- lord by a Court. 20. Bankruptcy If (1) Tenant assigns property for the benefit of creditors, (2) Tenant files a voluntary petition or an involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. 21. Correcting tenant's default If Tenant fails to correct a default after notice from Landlord, Landlord may correct it for Tenant at Tenant's ex- pense. The sum Tenant must repay to Landlord will be added rent. 22. Waiver of jury,counterclaim,set off Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a c - rclaim or set off. 23. Written instructions Landlord has given'or ma, Th,e written instraactions about,the care and re ,.of the appliances, equipment and other personal property on the Premise;, dant must obey the instructions. 24. Illegality If any part of this Lease is not legal, the rest of the Lease will be unaffected. 25. No waiver Landlord's failure to enforce any terms of this Lease shall not prevent Landlord from enforcing such terms at a later time. 26. Quiet enjoyment Landlord agrees that if Tenant pays the rent and is not in default under this Lease, Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of this Lease. 27. Successors This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. 28. Representations, changes in Lease Tenant has read this Lease. All promises made by the Landlord are in this Lease.There are no others.This Lease may be changed only by an agreement in writing signed by and delivered to each party. 29. Paragraph headings The Paragraph headings are for convenience only. 30. Effective date This Lease is effective when Landlord delivers to Tenant a copy signed by all parties. *** 31 tc' LIABILITY INSURANCE Tenant `agrees to provide and keep in- force, during the term of this lease, general liability policy of insurance in standard form, naming the Landlord as additiohal insuredr in the amount of $50,000.00, protecting Tenant and Landlord againstany liability whatsoever occasioned by accident or disaster on or about the premises or any " ' appurtenance thereto. The Tenant shall deposit;-with the Landlord certificates of such insurance at or prior to the commendement of the term of this lease and thereafter within ten days prior to the expiration of such policies., The Tenant shall provide his own fire insurance for the contents of the premises. 32. Tenant shall not be allowed to keep any pets except for caged or confined birds, hamsters, gerbils or fish. • Signatures The parties have entered into this Lease on the date first above stated. LANDLORD: TENANT: C9CVie,". Aka.i : Henr B'. Faucon dame - R., Foster- WITNESS: Gl:a�lt�k c Dianne C. Foster HENRY B TO JAMES R. FOSTER ,=incl I y.A.�il,i;ins `JC i_ RJJ=^:J' - t7raur Date y -- — _, 19 39 .;ctz. Ja^ 3' , 19_ 90 Expires -- Payable - --------- --- = ---------------— - i r 4 _ r � 1 • LArlekKA.L.,0 en_ Jr LEASE AGREEMENT The Landlord and Tenant agree to lease the Premises at the Rent and for the Term stated on these terms: 3c LANDLORD: TENANT: Jennifer J. Bourcet/ Kevin M. Daniels Henry B. Faucon Address for Notices: Address for Notices: P. 0. Box 602 46925 Route 25; Main Rd. southold, N.Y. Southold, NY 11971 PREMISES: Upstairs Apartment, 46925 Main Road, Southold, NY 11971 Lease Date: .Tilly 8, 1994 19 Term: One year beginning July 15 , 1994 19 Yearly Rent $7800.00 ending July 14 , 199 19 Monthly Rent $650.00 Security $650.00 1. USE: The Premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse and children of that party may use the Premises. 2. FAILURE TO GIVE POSSESSION: Landlord shall not be liable for failure to give Tenant possession of the Premises on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. In that case rent shall be payable when possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change. 3. RENT, ADDED RENT: The rent payment for each month must be paid on or before the first day of that month at Landlord' s Address above. Landlord need not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month' s rent is to be paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called "added rent" . This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay -the added rent on time, Landlord shall have the,•same rights against Tenant as if it were a failure to pay rent. The whole amount of rent is due and payable when this Lease is effective. Payment of rent in installments is for Tenant 's convenience. only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable. - - -A (Page 4fr, (Page 2 of 6) 4. NOTICES: Any bill, statement or notice must be in writing and delivered or mailed to the Tenant_ ,at the Premises and to the Landlord at the Address for Notices. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. Any notice must be sent by certified mail. Landlord must send Tenant written notice if Landlord changes Address for Notices. 5. SECURITY: Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all the terms of this Lease, Landlord will return the Security after the term ends. (Security may not be used to pay final month's Rent. ) If Tenant does not fully comply with the terms of this Lease, Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells the Premises, Landlord may give the Security to the buyer. Tenant will look only to the buyer for the return of the Security. 6. UTILITIES AND SERVICES: Tenant must pay for the following utilities and services when billed: gas, electric, telephone, cablevision. Long Island Lighting Company bills will remain in the Landlord' s name and Tenant will reimburse Landlord for total amount of each bill within ten (10) days of presentation to Tenant. Landlord will provide household garbage pick-up (limit of two standard thirty gallon cans per week) . Tenant will provide own garbage cans and any special bags or other containers required by local government. Cans must be secured against animals at all times. Tenant will place all recyclables in receptacles provided by Landlord no later than 4:00 PM on the day prior to each scheduled pick-up day (to avoid overload in storage area or in apartment) . Tenant will tie all newspapers and corrugated cardboard as required for pick-up. Landlord will be responsible only for recyclables that are routinely picked up by Sanitation Service. Tenant will be responsible for delivery to Town Landfill of all other recyclables. Landlord will mow lawn. 7. FURNISHINGS: If the Premises are furnished, the furniture and other furnishings are accepted "as is" . If an inventory is supplied each party shall have a signed copy. ,es 8. REPAIRS, ALTERATIONS: Tenant must keep, and atthe end of the Term return the Premises and all appliances, equipment, furniture, furnishings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear and damage done by the elements (provided shower curtain was kept closed across bathroom window during all use of shower head and faucets and appropriate care was taken by closing of doors and windows, etc. ) . If Tenant defaults, Landlord has the right to make repairs and charge Tenant the cost. The cost will be added rent. Tenant shall not alter, decorate, change or add to the Premises. Tenant ,shall report repair needs immediately (ie. , plumbing or other leaks, faucet drips, faulty hinges/latches, unusual odors and/or furnace sounds, etc. ) . 9. SPACE "AS IS": Tenant has .inspected the Premises. Tenant states that they are in good order and repair and takes the Premises "as is" . Tenant will not place nails, .hooks, etc. - in walls, ceilings, doors, woodwork, etc. in order to protect hidden wiring and plumbing. (Page 3 of 6 ) 10. CARE OF PREMISES, GROUNDS: Tenant shall keep_ the assigned grounds areas neat and clean, and free of objects harmful to mowers (ie. rocks, sticks, or other foreign objects) , including cleanups in Fall and Spring and promptly following storms. Tenants' vehicles and those of tenants' visitors may be parked only in assigned spaces. Tenant shall keep smoke detectors in working order (including batteries) . Tenant shall not use any portable or space heating systems or appliances. Tenant shall be responsible for stoppages in traps and drains or tub, sinks, toilet and washer lines. Tenant shall clean/replace range hood filter routinely as appropriate . 11. FIRE: Tenant must give Landlord immediate notice in case of fire or other damage to the Premises. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease . If Landlord repairs, Tenant shall pay rent only to the date of the fire or damage and shall start to pay rent again when the Premises become usable. Landlord may cancel the Lease by giving Tenant 3 days ' written notice . The Term shall be over at the end of the third day and all rent shall be paid to the date of the damage. 12. LIABILITY: Landlord is not liable for loss, expense or damage to any person or property unless it is due to Landlord' s negligence. Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant' s family, employees, guests and invitees. 13. LANDLORD'S CONSENT: If Tenant requires Landlord' s consent to any act and such consent is not given, Tenant ' s only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because consent was not given. 14. ASSIGNMENT, SUBLET: Tenant may not sublet all or part of the Premises, or assign this Lease or permit any other person to use the Premises. 15. LANDLORD MAY ENTER, KEYS, SIGNS: - Landlord may at reasonable times, enter the Premises to examine, to make repairs or alterations, and to show it to possible buyers, lenders or tenants. Tenant must give to Landlord keys to all locks. Locks may not be changed or additional locks installed without Landlord' s consent. Doors must be locked at all times. Windows must be locked when Tenant -is out. Landlord may place the usual "For Rent" or "For Sale" signs upon the Premises: - Landlord (or Landlord's appointed Agent) shall have the right to enter the Premises in the absence of the Tenant, and take any actions deemed necessary to protect Premises, Adjoining Premises and contents against damage by fire, smoke, water, weather or other catastrophe. 16. SUBORDINATION: _ _ This Lease and Tenant' s _ rights are subject and subordinate to all present and future (a) leases for the Premises 'or the land on which it stands, (b) mortgages on the leases or on the Premises or on the land, .(c) agreements securing money paid or to be paid by the lender, under mortgages, and _(d) terms, conditions, renewals, 'changes of any kind in and extensions-of the mortgages or- leases or Lender agreements. Tenant must (Page 4 of 6) promptly execute any certificates(s) that Landlord requests to show that this Lease is subject and subordinate. 17. CONDEMNATION: If all of the Premises is taken or condemned by a legal authority, the Term, and Tenant ' s rights shall end as of the date the authority takes title to the Premises. If any part of the Premises is taken, Landlord may cancel this Lease on . notice to Tenant setting forth a cancellation date not less than thirty days from the date of the notice. If the Lease in cancelled, Tenant must deliver the Premises to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any -interest Tenant might have to any part of the award and shall make no claim for the value of the remaining part of the Term. 18. COMPLIANCE WITH AUTHORITIES: Tenant must, at Tenant's cost, promptly comply with all laws, orders, rules and directions of • all governmental authorities, property owners associations, insurance carriers or Board of Fire Underwriters or similar group. Tenant may • not do anything which may increase Landlord' s insurance premiums. If Tenant does, Tenant must pay the increase as added rent. 19. TENANT'S DEFAULTS AND LANDLORD'S REMEDIES: A. Landlord may give five days written notice to Tenant to correct any of the following defaults: 1 . Failure to pay rent or added rent on time. 2 . Improper assignment of the Lease, improper subletting - all or part of the Premises, or allowing another to use the Premises. 3 . Improper conduct by Tenant or other occupant of the Premises. 4 . Failure to fully perform any other term in the Lease. B. If Tenant fails to correct the defaults in section A. within five days, Landlord may cancel the Lease by giving Tenant three day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease automatically end and Tenant must leave the Premises -and give Landlord the keys. - Tenant continues to be responsible for rent, expenses, damages and losses. C. If the Lease is cancelled, or rent or added rent is not paid on time, or Tenant vacates the Premises, Landlord may in addition to other remedies take any of thefollowingsteps: 1 . Enter the Premises and remove Tenant and any person or property; 2 . Use dispossess, eviction or other lawsuit method to - take back the Premises. - . D. If the Lease is ended or Landlord takes back the Premises, - - rent and added rent for the unexpired Term becomes due and payable. • Landlord may -re-rent the Premises and anything in (Page 5 of 6) it for any Term. Landlord may re-rent for a lower rent and give allowances to the new tenant. Tenant shall be responsible for Landlord' s cost of re-renting: Landlord' s cost shall include the cost of repairs, decorations, broker' s fees, attorney' s fees, advertising and preparation for renting. Tenant -shall continue- to be responsible for rent, expenses, damages and losses., .Any rent received from the re-renting shall be applied- to the reduction of money Tenant owes. Tenant waives -all rights to return to the Premises after possession is given 'to the Landlord by a Court. 20. BANKRUPTCY: If (1) Tenant assigns property for the benefit of creditors, (2 ) Tenant files a voluntarypetition or an involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or ( 3) a • trustee or receiver of- Tenant or Tenant' s property is appointed, Landlord may give Tenant thirty days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the thirty days, the Term ' shall end as of 'the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. 21. CORRECTING TENANT'S DEFAULT: If Tenant fails to correct a default after notice from Landlord, Landlord may correct it for Tenant at Tenant' s expense. The sum Tenant must repay to. Landlord will be added rent. 22. WAIVER OF JURY, COUNTERCLAIM, SET OFF: Landlord and Tenant waive trial by jury in any matter which comes up between the parties under or because of the Lease (except for a personal injury or property damage claim) . In a proceeding to get possession of the Premises, Tenant shall -not have the right to make a counterclaim or set off. 23. WRITTEN INSTRUCTIONS: Landlord has given or may give written instructions about the care and use of appliances, equipment and other personal property on the Premises. Tenant MUST obey the instructions. 24. ILLEGALITY: If any part of this Lease is not legal, the rest of the Lease will be unaffected. 25. NO WAIVER: Landlord' s failure to enforce any terms of this Lease will not prevent Landlord from enforcing such terms at a later time. 26. QUIET ENJOYMENT: Landlord agrees that if Tenant pays the rent and is not in default under this Lease, Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of this Lease. 27. SUCCESSORS: This Lease is binding on all parties who lawfully succeed to the- rights or take the place of the Landlord or Tenant. 28. REPRESENTATIONS, CHANGES IN LEASE: Tenant has -read this Lease. All promises made by the Landlord are in this Lease. There are no others. This Lease may be changed only by an agreement in writing signed by and delivered to each party. , Z -- (Page 6 of 6 ) 29. PARAGRAPH HEADINGS: The Paragraph Headings are for convenience only. 30. EFFECTIVE DATE: This Lease is effective when Landlord delivers to Tenant a copy signed by all parties. 31. LIABILITY INSURANCE: - tTenant agrees to.provide and keep in force, during the Term of the Lease, general liability policy .of insurance in standard form,- naming the Landlord as additional insured, in the amount of $500,000.00 protecting Tenant and Landlord against any liability whatsoever occasioned by accident or disaster on or about- the. Premises or any appurtenance thereto. The Tenant shall deposit with the Landlord certificates of such insurance at or prior to the commencement of the Term of this Lease. The - Term of such paid up- insurance policy shall match the Term of this Lease. Thereafter- the Term of each Lease Renewal •shall be matched with the same insurance coverage and the Tenant shall deposit with the Landlord certificates of such paid up insurance at the time of signing of such •Lease Renewal. - The Tenant shall provide Tenants ' own fire insurance for the contents of the Premises, and certificates of such insurance shall be deposited with the Landlord according to the above schedule - and conditions for Liability Insurance policies. 32. PETS: Tenantshallnot be allowed to keep any pets except for caged or confined fish, birds, hamsters or gerbils. - 33. INITIAL PAYMENT: Rent for the month of July 1994 shall be prorated to cover the period from July 15 through July 31. July 1994 Rent and the Security Deposit are to be paid and the Certificate of Paid Up Insurance presented to the Landlord when Tenant signs this Lease. Thereafter monthly Rent shall be due and payable on or before the first day of each succeeding month, beginning with August 1, during the remainder of the Term of this Lease and any subsequent Lease Renewals. SIGNATURES: The parties have entered into this Lease on the- date first above stated. LANDLORD: - TENANT: . 1111 -1.f a (r441001),,A__ iiR_IL:W-4 . On rt,.1.)-_ Henry B. Faucon - - W ESS: �. - . 60., 9.6,--K__ . • othy . Faucon - > a P, ")7...: 6 0 -2--- / !1 /l .1/ ` 774 ep.y_ O I / 7 7 y--_ 1e41 o l X4..4. ,i _�;:i v-ki,4.,,„(4,, .-,6-,-; „eist-Aio.__t___,x_47.....,--- "4"-74 l/ 1 4LHz CY-- .12-A- `- --',/1- _/d.. /fes% . '4/1 '' :t 4-1Z2-:„4.0 ,his,a. Le- --70-- Agett" .' 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Ailie , 64-A.:4---,,,,-:t-„ef-u---rix' --L- -" " epx-,*,,/'71--42 ._ , _ _ _ c.g- -6e-i- f/ --k n • - sIF^.Y.. 1 u4- µ - - �-^ a ober DECLARATIONS PAGE �\/ =0409-7 STATE FARM FIRE AND CASUALTY COMPANY / . 1750 ROUTE 23, WAYNE NJ 07477-0001 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON , ILLINOIS ` B S 8 .- 2 ADDL INSURED-SECTION II1ONLONLY 10 D 4 NAMED INSURED 6 .- HENRY FAUCON KREIDLER , CHARLES & BIANCA 5 PO BOX 602 PO BOX 416 ° SOUTHOLD NY 11971-0602 SOUTHOLD NY 11971-0416 z _ 7 • HOMEOWNERS POLICY - TENANTS FORM 4 AUTOMATIC RENEWAL If the POLICY PERIOD is shown as 12 months,this policy will be renewed automatically sub- F Y ject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. r POLICY PERIOD : 12 MONTHS THE POLICY PERIOD BEGINS AND ENDS AT 12:01 AM EFFECTIVE DATE: 12/23/93 STANDARD TIME AT THE RESIDENCE PREMISES EXPIRATION DATE: 12/23/94 LOCATION OF RESIDENCE PREMISES MAIN RD SOUTHOLD NY 11971 ZONE: 19 CONSTRUCTION : FRAME FIRE PROTECTION CLASS : 7 COVERAGES- & PROPERTY LIMITS OF INFLATION COVERAGE INDEX : 145.8 LIABILITY SECTION I DEDUCTIBLES - SECTION I ALL LOSSES $ 1 ,000 B PERSONAL PROPERTY $ 32 ,000 C LOST OF USE ACTUAL LOSS SUSTAINED IN CASE OF LOSS UNDER THIS POLICY , THE DEDUCTIBLES WILL BE SECTION II APPLIED PER OCCURRENCE AND WILL L PERSONAL LIABILITY $ 500 ,000 BE DEDUCTED FROM THE AMOUNT OF (EACH OCCURRENCE) THE LOSS . OTHER DEDUCTIBLES MAY DAMAGE TO PROPERTY APPLY - REFER TO POLICY . OF OTHERS $ 500 — M MEDICAL PAYMENTS TO OTHERS (EACH PERSON ) $ 3 ,000 FORMS , OPTIONS , & ENDORSEMENTS POLICY PREMIUM $ 110.00 TENANTS FORM 4 FP-7194 AMENDATORY ENDORSEMENT FE-7232.3 DISCOUNT APPLIED : ADDITIONAL INSURED ENDORSEMENT FE-7545 HOME ALERT OTHER LIMITS AND EXCLUSIONS MAY APPLY— REFER TO YOUR POLICY PREPARED CO7.466 SIGNEC �,�;/`��r�-�e�% �V19 01/ 13/ 1 . t,/ 4 / �lstFP-7001 .4C BY Sf AGENT YOUR POLICY CONSISTS OF THIS PAGE,ANY ENDORSEMENTS MAN TRIC L AN D J R AGCY I N C 516-727-1122 AND THE POLICY FORM.PLEASE KEEP THESE TOGETHER. rI! ` y 14, LEASE ATTACHMENT DATE: ??1,1,11,1) if / / ?? FROM: Henry B. Faucon, Landlord TO: 1`SA- .Qc.. 1 nte_ 4 6-ctA44...es Aigh Tenant(s) RE: Appliances/Equipment Instructions Landlord has attached page copies from the Owner's Manual for the Kitchen Refrigerator and Range. Please follow instructions for the use, care and cleaning of these appliances. The Range Hood has been installed for ductless operation. As per manufacturers instructions, the charcoal filter that is attached to the aluminum filter should be replaced every three to six months, depending upon the amount of cooking and the type of cooking that is done. For example: frequent cooking of fried foods would require the charcoal filter be changed more often. When the charcoal filter appears spongy and grease laden, remove it from the aluminum filter by pulling it off the fabric fasteners. It is disposable and cannot be washed. Replace it by attaching the new filter to the fabric fasteners on the aluminum filter. Please use the Range Hood whenever frying or cooking food in pots on top of the Range,- in order to prevent damage to wall paper, ceiling and other surfaces. The Refrigerator is NOT to be placed anywhere other than in its present location. Both Refrigerator and Range are on wheels and can be rolled ONLY straight forward and back for cleaning. RECYCLING: Landlord has attached a copy of the latest Southold Town Recycling Program Instructions. Please follow them and related Lease requirements in this regard THE ELECTRIC BASEBOARD HEATER was installed in the Mudroom in order to prevent freezing of plumbing supply and drain lines to the washer hookup. The temperature in this room - at floor level - must be kept 0140 degrees or higher at all times. Presently a thermostat setting of "minimum"is sufficient whenever the outdoor temperature is above 50 degrees. HOWEVER, at outdoor temperatures of below SO degrees. the setting must be placed at the black line on the thermostat. ITIS VERY IMPORTANT FOR THE 40 DEGREE TEMPERATURE TO BE MAINTAINED AT FLOOR LEVEL. ONE FREEZE-UP WILL CAUSE A SEVERE FLOOD OF THE MUDROOM AND THE KITCHEN AREA OF THE FIRST FLOOR OF THE HOUSE, CAUSING ADDED RENT COSTS TO YOU FOR SEVERE DAMAGE TO FLOORS, SHEETROCK AND PANELING. Your best defense in this regard is to place a thermometer on the platform in the corner where the drain pipe enters the floor and check its reading and the proper function of the baseboard heater during cold and high winds. SMOKE DETECTORS have been installed in five locations on the second floor: Mudroom, Hallway, Front Stairway, Front & Back Bedrooms. Please test each Smoke Detector once each month. Simply press the button and hold it down long enough for it to make contact, which will cause a , loud "beep" sound. If you cannot cause it to make this sound by pressing the button for at least five (5) seconds, try a new battery. If this does not make it work, please notify Landlord at your earliest convenience. If at any time a detector begins to emit an intermittent "beeping" sound on its own, this indicates that it is time for you to install a new battery. PICTURE HANGERS & HOOKS have been installed throughout the Premises. If at any time you would like to request additional devices, please do so. Most areas of the walls and ceilings contain electric wiring, water pipes, etc., but Landlord would be willing to install such devices in other areas where possible and reasonable. YARD AREAS reserved for your use and enjoyment consist of the area in the North "L" of the house and the area immediately to the west of the "Vehicle Turn-around" area just east of the clotheslines. CLOTHESLINES are shared. Please use the two lines to the west, nearest Landlord's pool yard fence. PARKING SPACES reserved for you regular use consist of the two spaces directly outside of your rear entrance. If you have occasional need for additional spaces for visitors, they may park along the East edge of the "Vehicle Turn Around" area-adjacent to the fruit trees (until such time as Landlord has need to assign parking spaces for a future first floor tenant). At no time are the barn doors or driveway to be blocked from free flow of trqffic. PLEASE REPORT REPAIR NEEDS/PROBLEMS PROMPTLY. PLEASE KEEP THESE DOCUMENTS IN A SAFE PLACE AND DO NOT DISCARD THEM. - THANK YOU ! ! ! - 74-eftAA. C9C dalLie Landd: Henry B. Faucon g 1 I 2 1 • enant V • Tenant - V Witnes- W Witness • • V 71?4. i;mss � - - . ;l/ - ,idbz dL y . Agst. ti)A «h duL_ De-74.6,6 _ 1 /99?. GJ owld g f . _ Y-h/£ti _ h Ar arid QffEa• c ,21/ /99a . 2Z 6)66,- i f L - j ALAX Glc- 6> /tom• J'1-7 Vi-2y ovd l�7)d/ods . 9 ���t a. • LEASE AGREEMENT The Landlord and Tenant agree to lease the Premises at the Rent and for,the Term stated on these terms: LANDLORD: TENANT: Henry B. Faucon Tris i a iletardsci&?G.surz Soda Address for Notices: Address for Notices: P.O. Box 602 P.G. Box 472 46925 liai. toad Southold, NY 11971 Seed/said, In/ 11971 PREMISES: Upstairs Apartment,46925 Main Road, Southold,NY 11971 Lease Date: OciaGeit 1, 1999 Term: Twelve Mo yrs Yearly Rent $8100.00 beginning Gch 1, 1999 Monthly Rent $675.00 ending SepIean e4 30, 2000 Security $675.00 USE: The Premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse and children of that party may use the Premises. This provision does not apply to reasonable accommodation of tenant's guests or visitors whose stay is less than thirty(30) days. 2. FAILURE TO GIVE POSSESSION: Landlord shall,not be liable for failure to give Tenant possession of the Premises on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. In that case rent shall be payable when possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change. 3. RENT,ADDED RENT: The rent payment for each month must be paid on or before the first day of that month at Landlord's Address above. ' Landlord need not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. Any month's rent that is not paid by the tenth day of that month will cause a Late Charge in the amount of $35.00 to be paid by the Tenant. The first month's rent is to be paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called "added rent". This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if it were a failure to pay rent. ' The whole amount of rent is due and payable when this Lease is effective. Payment of rent in installments is for Tenant's' (page 2 of 8) convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable. 4. NOTICES: Any bill, statement or notice must be in writing and delivered or mailed to the Tenant at the Premises and to the Landlord at the Address for Notices. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. Any notice must be sent by certified mail. Landlord must send Tenant written notice if Landlord changes Address for Notices: Tenant shall give Landlord 60 days notice prior to moving from the premises. 5. SECURITY: Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all the terms of this Lease, Landlord will return the Security after the term ends. Security may not be used to pay final month's Rent or other bills due and payable according to the terms of this Lease If Tenant does not fully comply with the terms of this Lease, Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells the Premises, Landlord may give the Security to the buyer. Tenant will look only to the buyer for the return of the Security. 6. UTILITIES AND SERVICES: Tenant must pay for the following utilities and services when billed: gas, electric, telephone, cablevision. Long Island Lighting Company bills will remain in the Landlord's name and Tenant will reimburse Landlord for total amount of each bill within ten (10) days of presentation to Tenant. Any ELECTRIC & GAS bill that is not paid within fifteen (15) days of presentation to Tenant will cause a Late Charge in the amount of $20.00 to be paid by the Tenant. Landlord will provvde household garbage pick-up ( limited to two standard thirty gallon cans per week ). Tenant will provide own garbage cans and any special bags or other containers required by local governmental authorities. Cans must be secured against animals at all times and placed at designated pickup site. Tenant will place all recyclables at designated pickup site no earlier than the evening preceeding scheduled pickup dates and remove containers no later than evening of scheduled pickup dates. Tenant will comply with all instructions from pickup service operator and Town of Southold. Tenant will be responsible for delivery to Town Landfill of all other recyclables. Tenant will keep lawn neatly mowed and permit grass to grow no higher than four(4) inches in assigned area. Tenant will provide own mower. Tenant will keep assigned area free from weeds,vines, trees, shrubs etc. not planted by Landlord or by Tenant with Landlord's permission. 7. FURNISHINGS: If the Premises are furnished, the furniture and other furnishings are accepted "as is". If an inventory is supplied each party shall have a signed copy. Tenant shall be responsible to follow and adhere to all instructions provided by Landlord regarding the proper use and care of all Appliances and Equipment, to include but not be limited to refrigerator, range, range hood, smoke detectors and electric baseboard heating unit in mudroom. 8. REPAIRS, ALTERATIONS: Tenant must keep, and at the end of the Term return the Premises and all appliances, equipment, furniture, furnishings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear and damage done by the elements (provided the shower curtain was kept closed across the bathroom window during all use of shower head and faucets and appropriate care was taken by closing of doors and windows, etc.) If Tenant defaults,Landlord has the right to make repairs and charge Tenant the cost. The cost will be added rent. (page 3 of 8) Tenant shall not alter, decorate, change or add to the Premises. Tenant shall report repair needs immediately. (ie., plumbing or other leaks, faucet drips, broken glass, faulty hinges/latches, unusual odors and/or furnace sounds, etc.). 9. SPACE "AS IS": Tenant has inspected the Premises. Tenant states that they are in good order and repair and takes the Premises "as is". Tenant will not place nails, hooks, etc. in walls, ceilings, doors, woodwork, etc. in order to protect hidden wiring and plumbing. 10. CARE OF PREMISES, GROUNDS: Tenant shall keep the assigned grounds areas neat and clean, and free of objects-harmful to mowers (ie. rocks, sticks or other foreign objects). Tenant shall perform Fall (after leaf fall) and Spring (no later than April 1) yard cleanups and additional debris cleanups promptly following each storm . Tenants vehicles and those of tenants'visitors may be parked only in assigned spaces.. Tenant shall keep smoke detectors in working order (including batteries). Tenant shall not use any portable or space heating systems or appliances. Tenant shall not operate clothes washer or dryer while not present in premises. Tenant shall be responsible for stoppages in traps and drains or tub, sinks, toilet and washer lines. Tenant shall clean/replace range hood filter routinely as appropriate. 11. FIRE: Tenant shall give Landlord immediate notice in case of fire or other damage to the Premises. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease. If Landlord repairs, Tenant shall pay rent only to the date of the fire or damage and shall start to pay rent again when the Premises become usable. Landlord may cancel the Lease by giving Tenant three (3) days' written notice. The Term shall be over at the end of the third day and all rent shall be paid to the date of the damage. - 12. LIABILITY: Landlord is not liable for loss, expense or damage to any person or property unless it is due to Landlord's negligence. Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant's family, employees, guests and invitees. 13. LANDLORD'S CONSENT: If Tenant requires Landlord's consent to any act and such consent is not given, Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because consent was not given. 14. ASSIGNMENT, SUBLET: Tenant may not sublet all of part of the Premises, or assign this Lease or permit any other person to use the Premises. 15. LANDLORD MAY ENTER, KEYS, SIGNS: Landlord may at reasonable times, enter the Premises to examine, to make repairs or alterations, perform routine maintenance work and to show it to possible buyers, lenders or tenants. Landlord shall not be required to give more than thirty (30)minutes advance notice to show the Premises . Tenant shall not require that Tenant be present while Landlord (or designated work persons) is/are performing these tasks. Tenant must give to Landlord keys to all locks. Locks may not be changed or additional locks installed without Landlord's consent. • (page 4 of 8) Doors must be locked at all times. The outer rear entrance door shall be kept LATCHED at all times. Windows must be secured when Tenant is out. Open windows shall be secured with screens at all times. Landlord may place the usual "For Rent" or "For Sale" signs upon the Premises. Landlord (or Landlord's appointed Agent ) shall have the right to enter the Premises,- in the absence of the Tenant,- and take any actions deemed necessary to protect Premises, the Adjoining Premises and any contents against fire, smoke,water, weather or other catastrophe. 16. SUBORDINATION: This Lease and Tenant's rights are subject and subordinate to all present and future (a) leases for the Premises or the land on which it stands, (b) mortgages on the leases or on the Premises or on the land, (c) agreements securing money paid or to be paid by the lender, under mortgages, and (d) terms, conditions, renewals, changes of any kind in and extensions of the mortgages or leases or Lender agreements. Tenant must promptly execute certificates(s) that Landlord requests to show that this Lease is subject and subordinate. 17. CONDEMNATION: If all of the Premises is taken or condemned by a legal authority, the Term, and Tenant's rights shall end as of the date the authority takes title to the Premises. If any part of the Premises is taken, Landlord may cancel this Lease on notice to Tenant setting forth a cancellation date not less than thirty (30) days from the date of the notice. If the Lease is cancelled, Tenant must deliver the Premises to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to the Landlord. Tenant gives Landlord any interest Tenant might have to any part of the award and shall make no claim for the value of the remaining part of the Term. 18. COMPLIANCE WITH AUTHORITIES: Tenant must, at Tenant's cost, promptly comply with all laws, orders, rules and directions of all governmental authorities, property owners associations, insurance carriers or Board of Fire Underwriters or similar group. Tenant may not do anything which may increase Landlord's insurance premiums. If Tenant does, Tenant must pay the increase as added rent. 19. TENANT'S DEFAULTS AND LANDLORD'S REMEDIES: A. Landlord may give five (5) days written notice to Tenant to correct any of the following defaults: 1. Failure to pay rent or added rent on time. 2. Improper assignment of the Lease, improper subletting all or part of the Premises, allowing another to use the Premises. 3. Improper conduct by Tenant or other occupant of the Premises. 4. Failure to fully perform any other term in the Lease. B. If Tenant fails to correct the defaults in Section A. within five(5) days, Landlord may cancel the Lease by giving Tenant three(3) days notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease automatically end and Tenant must leave the Premises and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses. C. If the Lease is cancelled, or rent or added rent is not paid on time, or Tenant vacates the Premises,Landlord may in addition to other remedies take any (page 5 of 8) of the following steps: 1. Enter the Premises and remove Tenant and any person or property; 2. Use dispossess, eviction or other lawsuit method to take back the Premises. D. If the Lease is ended or Landlord takes'back the Premises, rent and added rent for the unexpired Term becomes due and payable. Landlord may re-rent the Premises and anything in it for any Term. Landlord may re-rent for a lower rent and give allowances to the new Tenant. Tenant shall be responsible for Landlord's cost of re-renting. Landlord's cost shall include the cost of repairs, decorations,broker's fees, attorney's fees, advertising a renting. Tenant shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied to the reduction of money Tenant owes. Tenant waives all rights to return to Premises after possession is given to the Landlord by a Court.' 20. BANKRUPTCY: If (1) Tenant assigns property for the benefit of creditors, (2) Tenant files a voluntary petition or an involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's property is appointed, Landlord may give Tenant thirty (30) days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the thirty (30) days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. 21. CORRECTING TENANT'S DEFAULT: If Tenant fails to correct a default after notice from Landlord, Landlord may correct it for Tenant at Tenant's expense. The sum Tenant must repay to Landlord will be added rent. 22. WAIVER OF JURY, COUNTERCLAIM, SET OFF: Landlord and Tenant waive trial by jury in any matter which comes up between the parties under or because of the Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off 23. WRITTEN INSTRUCTIONS: Landlord has given written instructions about the care and use of appliances, equipment and other personal property on the Premises. Tenant MUST obey the instructions. Future amended instructions shall also be obeyed. 24. ILLEGALITY: If any part of this Lease is not legal,the rest of the Lease will be unaffected. 25. NO WAIVER: Landlord's failure to enforce any terms of this Lease will not prevent Landlord from enforcing such terms at a later time. 26. QUIET ENJOYMENT: Landlord agrees that if Tenant pays the_rent and is not in default under this Lease, Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of this Lease. Tenant agrees not to allow any excessive noise or other activity on the premises which disturbs the peace and quiet of other tenants in the building or of neighbors. ' • IT ( \ (page 6 of 8) 27. SUCCESSORS: This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. , 28. REPRESENTATIONS, CHANGES IN LEASE: Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others. This Lease may be changed only by an agreement in writing signed by and delivered to each party. 29. PARAGRAPH HEADINGS: The Paragraph Headings are for convenience only. 30. EFFECTIVE DATE: This Lease is effective when Landlord delivers to Tenant a copy signed by all parties. 31. LIABILITY INSURANCE: Tenant agrees to provide and keep in force, during the Term of the Lease, general liability policy of insurance in standard form, in the amount of $500,000.00 protecting Tenant and Landlord against any liability whatsoever occasioned by accident or disaster on or about the Premises or any appurtenance thereto. The Tenant shall deposit with the Landlord certificates of such insurance at the time of Landlord's signing of this Lease. The Term of such paid up insurance policy shall match the Term of this Lease. Thereafter the Term of each Lease Renewal shall be matched with the same insurance coverage and the Tenant shall deposit with the Landlord certificates of such paid up insurance AT THE TIME OF SIGNING OF SUCH LEASE RENEWAL. The Tenant shall provide Tenants' own fire insurance for the contents of the Premises, and certificates of such insurance shall be deposited with the Landlord according to the above schedule and conditions for Liability Insurance policies. 32. PETS: Tenant shall not be allowed to keep any pets except for caged or confined fish, birds, hamsters or gerbils. 33. INITIAL PAYMENT: The Security Deposit is to be paid, and the Certificate of Paid Up Insurance presented to the Landlord, when Tenant signs this Lease. Rent for the first month of the Initial Lease Term shall be paid prior to Tenant placing any possessions in Premises. SIGNATURES: The parties have entered into this Lease on the date first above stated. LANDLORD: TENANT: i5L4-092 He . (9. B. Faucon WITNESS: 4111,6 .� Attachments: (1) LEASE AGREEMENT The Landlord and Tenant agree to lease the Premises at the Rent and for the Term stated on these terms: LANDLORD: TENANT: Henry B. Faucon Mien Schroeder Address for Notices: Address for Notices: P.O. Box 602 46925 blain Road Southold,NY 11971-0602 Southold, JVTY 11971 PREMISES: Second Floor Apartment, 46925 Main Road, Southold,NY 11971 Lease Date: May , 2003 Term: Twelve Months Yearly Rent $9600.00 beginning ,lune 1, 2003 Monthly Rent $800.00 ending May 31, 2004 Security $800.00 1. USE: The Premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse and children of that party may use the Premises. This provision does not apply to reasonable accommodation of tenant's guests or visitors whose stay is less than thirty(30) days. 2. FAILURE TO GIVE POSSESSION: Landlord shall not be liable for failure to give Tenant possession of the Premises on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. In that case rent shall be payable when possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change. 3. RENT,ADDED RENT: The rent payment for each month must be paid on or before the first day of that month at Landlord's Address above. Landlord need not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. Any month's rent that is not paid by the tenth day of that month will cause a Late Charge in the amount of$35.00 to be paid by the Tenant. The first month's rent is to be paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called "added rent". This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if it were a failure to pay rent. The whole amount of rent is-due and payable when this Lease is effective. Payment of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable. 1 � l (page 2 of 8) 4. NOTICES: Any bill, statement or notice must be in writing and delivered or mailed to the Tenant at the Premises and to the Landlord at the Address for Notices. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. Any notice must be sent by certified mail. Landlord must send Tenant written notice if Landlord changes Address for Notices. Tenant shall give Landlord 60 days Written Notice prior to moving from the premises. If Tenant vacates premises earlier, or without giving the required 60 days Notice, the full two months'Rent for that period shall be due and payable. 5. SECURITY: Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all the terms of this Lease, Landlord will return the Security after the term ends. Security may not be used to pay final month's Rent or other bills due and payable according to the terms of this Lease. If Tenant does not fully comply with the terms of this Lease, Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells the Premises, Landlord may give the Security to the buyer. Tenant will look only to the buyer for the return of the Security. 6. UTILITIES AND SERVICES: Tenant must pay for the following utilities and services when billed: gas, electric, telephone, cablevision. Long Island Power Authority bills will remain in the Landlord's name and Tenant will reimburse Landlord for total amount of each bill within ten (10) days of presentation to Tenant. Any ELECTRIC & GAS bill that is not paid within fifteen (15) days of presentation to Tenant will cause a Late Charge in the amount of$20.00 to be paid by the Tenant. All others shall be in Tenant's name. Tenant shall lower furnace thermostat to 65 degrees overnight and whenever away from premises longer than four hours. Tenant shall keep all storm windows tightly closed during heating season and outdoor temperature is below 70 degrees. Landlord will provide household garbage pick-up (limited to two standard thirty gallon cans per week). Tenant will provide own garbage cans and any special bags or other containers required by local governmental authorities. Cans must be secured against animals at all times and placed at designated pickup site. Garbage shall not be allowed to accumulate either indoors or in the yard. Tenant will place all recyclables at designated pickup site no earlier than the evening preceding scheduled pickup dates and remove containers no later than evening of scheduled pickup dates. Tenant will comply with all instructions from pickup service operator and Town of Southold. Tenant will be responsible for delivery to Town Landfill of all other recyclables. Tenant will keep lawn neatly mowed and permit grass to grow no higher than four (4) inches in assigned area. Tenant will keep assigned area free from litter and debris. Tenant will provide own mower. Tenant will keep assigned area free from weeds, vines, trees, shrubs etc. not planted by Landlord or by Tenant with Landlord's permission. 7. FURNISHINGS: If the Premises are furnished, the furniture and other furnishings are accepted "as is". If an inventory is supplied each party shall have a signed copy. Tenant shall be responsible to follow and adhere to all instructions provided by Landlord regarding the proper use and care of all Appliances and Equipment, to include but not be limited to refrigerator, range, range hood, smoke detectors and electric baseboard heating unit in mudroom: 8. REPAIRS,ALTERATIONS: Tenant must keep, and at the end of the Term return the Premises and all appliances, equipment, furniture, furnishings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear or damage done by the elements (provided the shower curtain was kept closed across the bathroom window during all use of shower head and faucets and appropriate care was taken by closing of doors and windows, etc.). If Tenant defaults, Landlord has the right to make repairs and charge Tenant the cost. The cost will be added rent. Tenant shall not alter, decorate, change or add to the iA a� (page 3 of 8) Premises. Tenant shall report repair needs immediately (i.e., sound of running water when fixtures not in use, plumbing or other leaks, faucet drips, broken glass, faulty hinges/latches, unusual odors and/or furnace sounds, etc.). 9. SPACE "AS IS": Tenant has inspected the Premises. Tenant states that they are in good order and repair and takes the Premises "as is". Tenant will not place nails, hooks, etc. in walls, ceilings, doors, woodwork, etc., in order to protect hidden wiringand plumbing. 10. CARE OF PREMISES, GROUNDS: Tenant shall keep the assigned grounds areas neat and clean, and free of objects harmful to mowers (i.e. rocks, sticks or other foreign objects). Tenant shall perform Fall (after leaf fall) and Spring (no later than April 1) yard cleanups and additional debris cleanups promptly following each storm. Tenants vehicles and those of tenants'visitors may be parked only in assigned spaces. Tenant shall keep smoke detectors in working order at all times(including batteries). Tenant shall not use any portable or space heating systems or appliances. Tenant shall not operate clothes washer or dryer while not present in premises. Tenant shall be responsible for stoppages in traps and drains or tub, sinks, toilet and washer lines due to Tenant's negligence. Tenant shall clean/replace range hood filter routinely as appropriate, keeping it free from grease buildup to avoid fire. Tenant will maintain a 'working thermometer placed on the wall mount provided and make whatever adjustment to the Electric Baseboard Heater Thermostat required to prevent,the temperature at that location from dropping below forty degrees at any time. 11. FIRE: Tenant shall give Landlord immediate notice in case of fire or other damage to the Premises or Appliances. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease. If Landlord repairs, Tenant shall pay rent only to the date of the fire or damage and shall start to pay rent again when the Premises becomes usable. Landlord may cancel,the Lease by giving Tenant three (3) days' written notice. The Term shall be over at the end of the third day and all rent shall be paid to the date of the damage. 12. LIABILITY: Landlord is not liable for loss, expense or damage to any person or property unless it is due to-Landlord's negligence. Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant's family, employees, guests and invitees. 13. LANDLORD'S CONSENT: If Tenant requires Landlord's consent to any act and such consent is not given, Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because consent was not given. 14. ASSIGNMENT, SUBLET: Tenant may not sublet all of part of the Premises, or assign this Lease or permit any other person to use the Premises. 15. LANDLORD MAY ENTER,KEYS, SIGNS: Landlord may at reasonable times, enter the Premises to examine, to make repairs or alterations,perform routine maintenance work and to show it to possible buyers, lenders or tenants. Landlord-shall not be required to give more than thirty(30)minutes advance notice to show the Premises. Tenant shall not require that Tenant be present while Landlord (or designated work persons) is/are performing these tasks. Tenant must give to Landlord keys to all locks. Locks may not be changed or 11A (page 4 of 8) additional locks installed without Landlord's consent. Doors must be locked at all times. The outer rear entrance door shall be kept LATCHED at all times. Windows must be secured when Tenant is out. Open windows shall be secured with screens at all times. Landlord may place the usual "For Rent" or "For Sale" signs upon the Premises. Landlord (or Landlord's appointed Agent) shall have the right to enter the Premises, - in the absence of the Tenant, - and take any actions deemed necessary to protect Premises, the Adjoining Premises and any contents against- re, smoke, water, weather or other catastrophe. 16. SUBORDINATION: This Lease and Tenant's rights are subject and subordinate to all present and future (a) leases for the Premises or the land on which it stands, (b) mortgages on the leases or on the Premises or on the land, (c) agreements securing money paid or to be paid by the lender, under mortgages, and (d) terms, conditions, renewals, changes of any kind in and extensions of the mortgages or leases or Lender agreements. Tenant must promptly execute certificates(s) that Landlord requests to show that this Lease is subject and subordinate. 17. CONDEMNATION: If all of the Premises is taken or condemned by a legal authority, the Term, and Tenant's rights shall end as of the date the authority takes title to the Premises. If any part of the Premises is taken, Landlord may cancel this Lease on notice to Tenant setting forth a cancellation date not less than thirty (30) days from the date of the notice. If the Lease is cancelled, Tenant must deliver the Premises to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to the Landlord. Tenant gives Landlord any interest Tenant might have to any part of the award and shall make no claim for the value of the remaining part of the Term. 18. COMPLIANCE WITH AUTHORITIES: Tenant must, at Tenant's cost, promptly comply with all laws, orders, rules and directions of all governmental authorities, property owners associations, insurance carriers or Board of Fire Underwriters or similar group. Tenant may not do anything that may increase Landlord's insurance premiums. If Tenant does, Tenant must pay the increase as added rent. 19. TENANT'S DEFAULTS AND LANDLORD'S REMEDIES: A. Landlord may give five (5) days written notice to Tenant to correct any of the following defaults: 1. Failure to pay rent or added rent on time. 2.. Improper assignment of the Lease, improper subletting all or part of the Premises, allowing another to use the Premises. 3. Improper conduct by Tenant or other occupant of the Premises. 4. Failure to fully perform any other term in the Lease. B. If Tenant fails to correct the defaults in Section A within five(5) days, Landlord may cancel the Lease by giving Tenant three (3) days stating the date the Term will end. On that date the Term and Tenant's rights in this Lease automatically end and Tenant must leave the Premises and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses. C. If the Lease is cancelled, or rent or added rent is not paid on time, or Tenant Vacates the Premises, Landlord may in addition to other remedies take any of the following steps: 1. Enter the Premises and remove Tenant and any person or property; 2. Use dispossess, eviction or other lawsuit method to take back the Premises. f (page 5 of 8) D. If the Lease is ended or Landlord takes back the Premises, rent and added rent for the unexpired Term becomes due and payable. Landlord may re-rent the Premises and anything in it for any Term. Landlord may re-rent for a lower rent and give allowances to the new Tenant. Tenant shall be responsible for Landlord's cost of re-renting. Landlord's cost shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising a renting. Tenant shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied to the reduction of money Tenant owes. Tenant waives all rights to return to Premises after a Court gives possession to the Landlord. 20. BANKRUPTCY: If(1) Tenant assigns property for the benefit of creditors, (2) Tenant files a voluntary petition or an involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's property is appointed, Landlord may give Tenant thirty(30) days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the thirty (30) days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. 21. CORRECTING TENANT'S DEFAULT: If Tenant fails to correct a default after notice from Landlord, Landlord may correct it for Tenant at Tenant's expense. The sum Tenant must repay to Landlord will be added rent. 22.WAIVER OF JURY, COUNTERCLAIM, SET OFF: Landlord and Tenant waive trial by jury in any matter which comes up between the parties under or because of the Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off. 23. WRITTEN INSTRUCTIONS: Landlord has given written instructions about the care and use of appliances, equipment and other personal property on the Premises. Tenant MUST obey the instructions. Future amended instructions shall also be obeyed. 24. ILLEGALITY: If any part of this Lease is not legal, the rest of the Lease will be unaffected. 25. NO WAIVER: Landlord's failure to enforce any terms of this Lease will not prevent Landlord from enforcing such terms at a later time. 26. QUIET ENJOYMENT: Landlord agrees that if Tenant pays the rent and is not in default under this Lease, Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of this Lease. Tenant agrees not to allow any excessive noise or other activity on the premises that disturbs the peace and quiet of other tenants in the building or of neighbors. 27. SUCCESSORS: This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. 28. REPRESENTATIONS, CHANGES IN LEASE: Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others. This Lease may be changed only by an agreement in writing signed by and delivered to each party. (page 6 of 8) _ 29. PARAGRAPH HEADINGS: The Paragraph Headings are for convenience only. 30. EFFECTIVE DATE: This Lease is effective when Landlord delivers to Tenant a copy signed by all parties. 31. LIABILITY INSURANCE: Tenant agrees to provide and keep in force, during the Term of the Lease, general liability policy of insurance in standard form, in the amount of $500,000.00 protecting Tenant and Landlord against any liability whatsoever occasioned by accident or disaster on or about the Premises or any appurtenance thereto. The Tenant shall deposit with the Landlord certificates of such insurance at the time of Landlord's signing of this Lease. The Term of such paid up insurance policy shall match the Term of this Lease. Thereafter the Term of each Lease Renewal shall be matched with the same insurance coverage and the Tenant shall deposit with the Landlord certificates of such paid up insurance AT THE TIME OF SIGNING OF SUCH LEASE RENEWAL. The Tenant shall provide Tenants' own fire insurance for the contents of the Premises, and certificates of such insurance shall be deposited with the Landlord according to the above schedule and conditions for Liability Insurance policies. 32. PETS: Tenant shall not be allowed to keep any pets except for caged or confined fish, birds, hamsters or gerbils. 33. INITIAL PAYMENT: The Security Deposit is to be paid, and the Certificates of Paid Up Insurance presented to the Landlord, when Tenant signs this Lease. Rent for the first month of the Initial Lease Term shall be paid prior to Tenant placing any possessions in Premises. SIGNATURES: The parties have entered into this Lease on the date first above stated. LANDLORD: TENANT(�S�) Henry B. Faucon Helen Schroeder Powe. of Attorney i aii , i • I / Dorothy aucon WITNESS: e1 r Attachments(1) s ice• r- a u14, NEW2ik2&NTA.°MUS ;1L D ,CC5Cf VI z ' 7----i FIRE INSURANCE COMPANY 4249208 NYHO -:,.,; THIS IS A r \A,; EDMESTON, NEW YORK 13335-0307 HOMEOWNER WWW.NYCM.COM •��,ri POLICY ir I NAMED INSURED AND ADDRESS I AGENCY COPY AGENCY 4249208 LI 01086 631-722-3500 HELEN L SCHROEDER NEEFUS-STYPE AGENCY INC PO BOX 16 292 SHADE TREE LANE SOUTHOLD NY 11971 PO BOX 2340 AQUEBOGUE NY 11931 POLICY FROM 6/01/2003 TO 6/01/2004 12:01 A.M. STANDARD TIME ORIG6/01/2000INAL PTION IRENEWAL IPOLICY I ESCRNO BILL I PR4249208N0. DESCRIBED LOCATION COVERED BY THIS POLICY AT THE ABOVE LOCATION UNLESS OTHERWISE STATED: 46925 MAIN RD SOUTHOLD NY 11971 COVERAGE LIMITS AND PREMIUMS - SECTION I COVERAGE A DWELLING $ $ COVERAGE B OTHER STRUCTURE $ $ COVERAGE C PERSONAL PROPERTY $ 20,000 $ 123 COVERAGE D LOSS OF USE $ 4,000 $ INCL COVERAGE LIMITS AND PREMIUMS - SECTION II COVERAGE E PERSONAL LIABILITY $ 100,000 EA OCCURRENCE $ 14 COVERAGE F MED PAYMENTS TO OTHERS $ 5,000 EA PERSON $ INCL BASIC PREMIUM: $ 137 ADDITIONAL COVERAGE PREMIUM: $ 64 ** INVOICE ATTACHED ** TOTAL ANNUAL PREMIUM: $ 201 THE PREMIUM INCLUDES THE FOLLOWING CREDITS PROTECTIVE DEVICES: 2 % $ 2 IN CASE OF A LOSS UNDER SECTION I , WE COVER ONLY THAT PART OF THE LOSS OVER THE DEDUCTIBLE STATED. DEDUCTIBLE-SECTION I $250.00 ALL PERILS MORTGAGEES: 7 Q. ail&cDt pod . c„--u,A6,,, S 3 4z, -sz*tee isklA4PA, divit . CONST # TERR PROT CONST TYPE # FIRE FT MI PREM YEAR FAM CL APTS WALLS HYD FD GR 1925 046 5-7 FRAME 1 100 1 25 FgRE DISTRICT: SOUTHOLD COUNTY: SUFFOLK _.. BASIC FORM: HO-4 4/84 CONTENTS BROAD FORM MAADATORY FORMS: HO-300 8/92 HO-322 9/87 HO-350 9/87 NYC-HO-161 1/02 NYC-211 8/91 NYC-224 1/2000 NYC-PP 5/01 SEE ATTACHED FOR ADDITIONAL COVERAGE FORMS 0 , ;•_,'U,1 840 o k STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK: RODNEY V. FAUCON; being duly sworn deposes and says : I reside at 22 Crescent Drive, New Cumberland, Pennsylvania, 17070 . I was born on July 3 , 1955 and am the son of Henry Brewster Faucon and Dorothy W. Faucon (nee Wells) . From my birth until March 17, 1988 I resided in Southold, New York primarily at my parents ' residence at 46845 Main Road, Southold, New York. I am submitting this affidavit in support of my mother, Dorothy W. Faucon' s, application for obtaining a pre-existing two family dwelling at 46925 Main Road, Southold, New York which I refer to in this affidavit as my grandmother, Elizabeth Faucon' s, home . I can remember was when I was in first grade in 1961, I had suffered a severe injury to my knee and leg and had to be placed in a wheel chair for a whole year. As a result, I had to receive home study because I could not attend regular classes in school . At that time, both my mother and father worked and my grandmother, Elizabeth Faucon, was pretty much in charge of my care as well as my other brothers . The fact of the matter is that I spent a lot of time with my brothers in my grandmother' s house which was immediately right next door to my parents ' home. At that time, my grandmother and my grandfather, Henry Faucon, lived on the first floor and on the second floor there was an apartment which was occupied by various families, some with children and some without and at this point in my life, I do not remember their names . Throughout grade school and high school, my brothers and I spent a great deal of time at our grandmother' s house. I remember my brothers and I were not allowed to go upstairs when the upstairs apartment was occupied by a family. However, sometimes when Grandmother was in the backyard attending to her flower garden, my brothers and I would sneak up the front stairwell and slide down the banister in the hall foyer. Also, when one family moved out and the apartment was being cleaned or painted. for another family to move in, my brothers and I would go up there and we would play hide and seek in the back rooms of the house. I graduated from Southold High School in June of 1973 and after high school I worked at various construction jobs on eastern Long Island and lived at home. ' In 1975 I got married and moved to Boisseau Avenue until 1977 when I was divorced and moved back home. I got remarried in 1984 and afterwards I lived with my wife, Shey (nee Droskoski) in the upstairs apartment until I moved to Pennsylvania on March 17, 1988 . During this time from high school until I moved into the upstairs apartment with my wife, it was constantly being rented to one family after another. After my grandmother died in 1986 the downstairs apartment was also was rented to families . After I moved to Pennsylvania in 1988, I worked for and still am working for a company known as Schneider National which is a transcontinental trucking company. Frequently, I had runs in the 1990 ' s to Long Island delivering items to Floral Glass in Hauppauge and to Catapano Nursery in Southold. When I made these trips, I usually stayed overnight or over the weekend at my parents ' house at parked my truck by the barn. I was aware that the premises were being rented because what my mother told me and the fact that there were always cars parked in the rear area and driveway of the house. My father, Brewster Faucon, died on August 11, 2003 and prior to his death, he and my mother with the help of some of my brothers, were renovating and modernizing the downstairs apartment . I know this because on occasion I would help them and I remember that the upstairs apartment was rented to a lady who had parrots . The purpose of this affidavit is to inform the Southold Town Building Inspector and Board of Appeals that, from my own personal knowledge which goes back to first grade in 1961 and all times subsequent thereto, my grandmother' s house at 46925 Main Road, Southold, New York, was in fact a two family house, the upstairs being rented to one family and the downstairs being rented to another family. Rodney V. Faucon Sworn to before me this 29th day of xSX December, 2004 Not y Public 'CA( RICHARD P.LARK Notary Public,State of New York No.021.A7432500.Sufic County Cammis*n E.pIres Aug.31,200 STATE OF FLORIDA: : ss COUNTY OF047,2,,414-e-Q-- I, ALFRED GOLDSMITH, being duly sworn, deposes and says : 1 . I reside at 150 Grigonis Path, Southold, New York 11971 . I was born on February 3 , 1931 at Greenport, New York. I am submitting this affidavit to the Building Inspector of the Town of Southold as well as the Southold Zoning Board of Appeals to support the application of Dorothy Faucon to obtain a certificate of occupancy for a pre-existing two family dwelling for the premises which she now owns at 46925 Main Road, Southold, New York. I make this affidavit from my own personal knowledge . 2 . I graduated from Southold High School in June of 1948 . I worked with my father and my brother in the carpentry and the house building business until the time I entered the United States Army in 1951 . My shop was right next to my home on the Main Road in Southold and it was approximately 1, 500 feet easterly from the two story Victorian home on the north side of the Main Road which was owned by Betty Faucon. I personally knew Betty Faucon and met her husband, Henry, on several occasions . They both lived in the first floor apartment with their son, Brewster, in this two story home. Prior into the entry into the army, Mrs . Faucon rented out rooms on the second floor to tourists and borders . 1 . i 1 i • 1 3 . When I was discharged from the army in 1954 I got married and built a home at 250 South Harbor Lane which was approximately 300 feet southerly from Betty Faucon' s house . When I moved into my new house in 1955, Brewster and his wife, Dottie, remodeled the second floor into a one family apartment and they lived there with their small children until Brewster built his home which was immediately to the west of this two story house. At that time, my wife visited with Dorothy Faucon several times in the second floor apartment . Brewster and Dottie Faucon moved into their new home in the summer of 1958 . - 4 . From the time I moved into my home on South Harbor Lane in 1955 until 1977 when I sold it, I would go to and from work from my house to the shop on the north side of the Main Road almost every day and in the process of doing so, I passed by Betty Faucon' s house. I was aware that after Bruce and Dottie moved out, Betty Faucon rented the second floor apartment to families and it was occupied on an almost constant basis . 5 . As I stated previously, I was personally familiar with Betty Faucon and her son Bruce and Dottie Faucon and their four children; Gary, Rodney, Gregg and James . In fact, Gregg worked with me part-time while he was in high school . When Betty Faucon died in 1986 her son, Brewster, rented out both apartments to different families . 5 . As a result, I can state from my own knowledge that this large two story Victorian house at 46925 Main Road, Southold, New York is a two family house from at least 1955 until the present Y g ' I • • Y . 1 time. I am hopeful this affidavit will clear up any ambiguities concerning the status and use of this house . cbV atielo A red Goldsmith Sworn to me this S---61day of January, 2005 . Official Seal Eileen P.Caslan Notary Public,State of Florida My comm.expires July 4,2007 Comm No.p9 213390 10 q STATE OF NEW YORK: : ss . COUNTY OF SUFFOLK: $ • I, JUDITH M. MENGEWEIT, being duly sworn and deposes and says : I reside at 495 Jockey Creek Drive, Southold, New York 11971 . I am personally familiar with the premises at 46925 Main Road, Southold, New York, formerly owned by Elizabeth Faucon and now owned by Dorothy Faucon. I have known Dorothy Faucon since 1954 having met her and her husband, Bruce, through my husband, Walter. I became friendly with Dottie Faucon and would visit with her often in the upstairs apartment in the two family house on the northerly side of Main Road, Southold, New York. It was my understanding that the house was owned by her mother-in-law, Elizabeth Faucon, who lived downstairs with her husband, Henry. I also became friendly with Elizabeth, who insisted that she be called "Betty" , during that period of time. In approximately 1958, Dottie and her family moved to their new home which is immediately to the west of Elizabeth Faucon' s house. During the 1960 ' s and 1970 ' s, I would often visit with Dottie Faucon in her home. During the Thanksgiving and Christmas holidays, I and my husband were invited to Betty Faucon' s house to have dinner and to share in the festivities with the family. During this time, I was aware that Betty Faucon had rented the upstairs apartment to various families . I am a nurses ' aid by profession and when Betty Faucon, who was quite elderly, became ill in later part of 1985 approximately six months prior to her death I would go to her house two to three times a week in the evening, bathe her and help her into bed, as she needed assistance . I was also aware that the upstairs was rented by her grandson, Rodney, and his wife during • that time . After Elizabeth Faucon died in 1986 I would visit occassionly with Dottie Faucon at her house and I was aware that her and her husband, Bruce, had rented out to third parties both apartments . From my own personal knowledge since 1954 to the present, I can state as a matter of fact that the premises at 46925 Main Road, Southold, New York was and is a two family house. C��.. r " Judith M6 Mengeweit Sworn to before me this L2 ' day of January, 2005 . NotaryPublic BARBARA DIACHUN Notary Public,State of New York No 01D14635190-Suffolk County Commission Expires Oct.31,200 G F I p y r 1 r J ) STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK: JEAN DICKERSON MIDGLEY being duly sworn, deposes and says : I reside at 200 Skunk Lane, Cutchogue, New York 11935 . I was born on November 17, 1927 in Eastern Long Island Hospital and grew up in the hamlet of Southold. I graduated from Southold High School in 1945 . I have lived at my present address on Skunk Lane since 1950 . I am familiar with the two family home at 46925 Main Road, Southold, New York which was formerly owned by Elizabeth Faucon and it is my understanding it is now owned by the Estate of Brewster Faucon. I am making this affidavit of my own personal knowledge. My mother' s sister, Ida Newbold, was very close friends with one Betty Faucon. Betty Faucon lived on the south side of the Main Road on the westerly side of Triangle Park in a large two-story Victorian house. My aunt, Ida Newbold, lived on easterly side of Triangle Park on the south side of the road opposite Goldsmith' s Carpentry Shop. I remember as a child growing up in Southold that Ida Newbold and Betty Faucon were inseparable friends . I first met Betty Faucon when I was 12 years old and I also knew her son, Brewster, who was a year ahead of me in high school . Brewster was good friends in high school with William Midgley who I later married after World War II . In those days, all of the kids in high school pretty much hung around together. • I remember when I was a sophomore in high school in 1943 , Brewster' s mother, Betty, had an elegant dinner party for some 20 of us students, both boys and girls in her Victorian home . Mrs . Faucon had a very large dining room and would frequently entertain young people who she liked very much. I was aware of going to and from her house in those days in high school that she rented rooms to people on the second floor and she and her husband and Brewster lived on the first floor. When Brewster married Dorothy Wells in the early 1950 ' s, both Dottie and her husband, Brewster, converted the second story of Betty Faucon' s home into a nice one family apartment . I knew Dottie Faucon, Brewster, and her children because we socialized through local church activities and the Southold Grange. Brewster and Dottie lived in the apartment for several years until they outgrew it due to having their fourth child and Brewster built a home next door into which they moved. After they moved out of their apartment, I remember in the 1960 ' s and ' 70 ' s I would have occasion to visit with my Aunt Ida Newbold and Betty Faucon and I remember, on several occasions, of giving my aunt a home permanent in Betty Faucon' s house. In 1 7 y 1 those days, she lived downstairs with her husband, Henry, and the upstairs apartment was rented out to families . I know from my knowledge that ever since I can remember, this was a multi-family house and in particular since Bruce and Dottie Faucon got married and lived there, there was an upstairs apartment and a full-size apartment downstairs and has remained so to the present day. SZ 62Jv-- t- C v V l l Jean Dickerson Midgley Sworn to before me this J)i day of January, 2005 (214144-4 Notary Public BARBARA DIACHUN Notary Rubric,State of New York No 01D14635190-Suffolk County Commission Expires Oct.31,200 2 • • . 'Jam 13 05 02: 07p Ni )1c1 Rea 1 tj , , , 150"""'73330 p. 2 114 Newbold Real Estate Co.,Inc. STATE OF NEW JERSEY: �n ss. COUNTYOF toe 1 i`r Dudley A. Newbold,being duly sworn,deposes and says: I reside at �k Avalon, New Jersey,08202. I was born on March 1, 1929 at Greenport Hospital,I grew up in Southold,New York and graduated from SouthVold High School in 1946. Hived with my parents on the south side of Main Road in Southold which is adjacent to what is today Catapano Nursery and across the street from Goldsmith's Carpentry Shop. I met Elizabeth,`Betty",Faucon(nee Corwin)when I was approximately 13 years old as my mother Ida Newbold,was a very close personal friend of hers.Betty Faucon in 1942 purchased a very large two story Victorian house on the south side of Main Rd. immediately west of the Triangle Park. Shortly after Betty Faucon purchased this property,my father built a bathroom next to the first floor kitchen so that Dorothy Faucon,her husband,and her son Brewster, could live in the downstairs apartment. In those days,Betty Faucon rented the rooms upstairs primarily to tourists. When their son,Bruce enlisted in the United States Navy in World War 11,during my high school years I became the handyman for Mrs. Faucon. I painted both the interior and exterior of the house,both upstairs and downstairs,and did minor repairs. I also took care of the lawn so I am very familiar with the house. After I graduated from high school,I went into the United States Navy from 1946— 1948 and afterward attended college.Whenever I came home on leave or vacation, 1 would visit with Betty Faucon and was aware of what was happening at her house. After finishing college in 1952,I worked locally at Agway,Inc.Bruce Faucon at that time married Dottie Wells and they moved into the upstairs of Betty Faucon's home and completely renovated the apartment for one family use_I know that Bruce and Dottie Faucon lived there for a couple of years until they built the house next door.Elizabeth Faucon continued to rent the upstairs while she • and her husband lived downstairs. l subsequently became a manager for Agway in Woodbine,New Jersey. l moved from Southold although I would visit often with my mother and Betty Faucon. to 1962 I moved to Avalon,New Jersey and became a licensed real estate broker and owned and operated a real estate brokerage business,ever since.When I would visit my mother in 1 I. 'Jan 13 05 02:07.p." Ni- Dld Rea1 3u . 1607'773330 p. 3 • 114 Newbold Real Estate Co.,Inc. Southold,I would always stop at Betty's house as she would catch me up with all the local news. At the tune until her death,I was aware that she was renting out the upstairs apartment to different families during that period.Until her death in 1986,1 would stop and visit occasionally with Bruce and was aware they were renting out both apartments. In fact, several years ago,I was aware that Bruce and Dottie Faucon had a great deal of difficulty with one of the tenants who left the place in bad condition. The whole purpose of this affidavit is that I know from my own personal knowledge that ever since X was a teenager the house presently owned by the Estate of Brewster Faucon was a multi-family house and since the second floor was renovated in the 1950,'s it has ' -n an' is a tw• family house. /' Ar/ r A ey A. Ne tf Id Sworn to before me this day of January,2005 No : . "k .Iic DOUGLAS P.NEWBOLD NOTARY MI1 t CC tEW MIRY COnlagetiOn Upsl/19/1006 °`mssp . (O +61#44')-V I: C• i ' - • , M LARK& FOLTS Attorneys at Law 28785 MAIN ROAD CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 MAILING ADDRESS: RICHARD F. LARK PO BOX 973 MARY LOU FOLTS CUTCHOGUE NY 11935 December 20, 2004 Southold Town Board of Appeals Southold Town Hall I - 53095 Main Road P. O. Box 1179 • n DEC 2 O 2004 Southold, NY 11971 • RE : Estate of Henry B. Faucon (SCTM #1000-069 . 00-05 . 00-016 . 000) Gentlemen: In connection with the above-captioned matter, I am enclosing seven sets of the following: 1 . Copies of Notice of Disapproval from the Southold Town Building Department dated December 20, 2004 along with Application for Building Permit dated December 16, 2004 . 2 . Application to the Southold Town Board of Appeals sworn to on December 20, 2004 with proof of filing with the Southold Town Building Department . 3 . Project Description. 4 . Authorization of Dorothy W. Faucon, Executor of the Estate of Henry B. Faucon. 5 . Short Environmental Assessment Form. 6 . Z.B .A. Questionnaire . 7 . Applicant Transactional Disclosure Form. 8 . Town of Southold Property Record Card. 1, Southold Town Board of Appeals -2- December 20 , 2004 9 . Copy of survey of Property by Joseph A. Ingegno, Land Surveyor dated June 18 , 2004 . 10 . My Check No. 6080 payable to Southold Town Clerk in the amount of $400 . 00 for the filing fee. If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time . If you have any questions, do not hesitate to call . Very , my yours, / • / f t4 f f Richard F. L RFL/bd Enclosures ' 1 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS DEC` -2C fi fj 6)0� For Office Use Only Fee:S Filed By: Date Assigned/Assignment No. 1Q -1S '•--__ Ofrice,Nottu ? 04).‘410C PO- /cil,ci„v-41ll craopirA Parcel Location: House No. 46925 Street Main Road Hamlet Southold SCTIII 1000 Section 69 Block 5 Lot(s) 16 Lot Size 0.455 Zone District A-C acres I (W ) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 20, 2004 • Dorothy W. Faucon, Executor of the Applicant/Owner($: Estate of ,Henry B. Faucon Mailing Address: P.O. Box 602, Southold, NY 11,971 Telephone: (631) 765-2284 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee, etc. Authorized Representative: Richard F. Lark, Esq. of Lark & Folts, Esqs. Address: P.O. Box 973, Cutchogue, NY 11935 = Teleph-one: -(631-) 734-6807 FAX: (631) 734-5651 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) DR Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/16/04 FOR: f1 Building Permit ❑ Certificate of Occupancy X1 Pre-Certificate of Occupancy for a two-family ❑ Change of Use dwelling O Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. - Article III Section 100- 31 Subsection B Type of Appeal. Au Appeal is made for: ❑ A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section IXReversal or Other Building Inspector's Notice of Disapproval for pre-existing two-family dwelling use. A prior appeal 0 has El has not been made with respect to this property UNDER Appeal No. N/A Year N/A r -, D IIMIIMMINIO • ,.- ' tY COLOR w i-t( re- TRIM G R a"'E"rr!' tYk'c ' ``ro _ _ , MIME II II I :� k' 'I E . aiIII III ' •''-t.3.-" r -■I_.- II . '!''. -,-.-.' `;',. ...,- ' : ''f'":::-.;i.,-- —.4:-.:1) - * r IMMIIKE111 II BIM ' 1 E iia z y �_���� 1 , II III 111411111111 II — i in III 1. ill A. Bldg. as u_a � ^ g 3 a 3 7 l s� s ° FNM ■ IM extension IIIII /S X 3 a S a S' ® 4 L I c d1. au as • a a a Extension - - - . Extension - ' Foundation Bath � Dinette 'orch _ Basement FloorsP ` K. Cf./.kg I L a.�e. 'orch Ext. Walls Interior Finish LR. Go'a e)d2 S.,.�,,,A ca .%14 - r".0 ----,A. 3reezewayFire Place „ ,f..�, Heat DR. ..g's garage Type Roof Rooms 1st Floor BR. )atio Recreation Room Rooms 2nd Floor FIN. B D. B. i ak 0 Dormer Driveway Totalf n0. 0 Y,0 s • • i • TO i OF SOUTHOLD SRT ' RECORD CARD. ? f - OWNER klagallgir0./. VILLAGE DIST. SUB. LOT 1 '�, �..:_ Gum- �CG�• •' /rte- __ . /bC-P 04/ FORMER OWNER - N E - - ACR. - - �_ .5111 - '4 air - Y r 4 : s S// W - TYPE OF BUILDING A . o SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS • 9'0:0 J $®a �=2,0A.a„ -, 1_. 2264-1" 2.90 g e. d 02-4--4,002-4--4,0 .aDD- 9/' '/ 41--- ll0) ziiwol Ca I 9505 USED ON 6„cl_5— 1? ,, - , AGE _ - BUILDING CONDITION NEW NORMAL BELOW / ABOVE FARM - Acre Value Per Value Acre = ' i, Tillable _ FRONTAGE ON WATER ~ Woodland FRONTAGE ON ROAD • i ,6,--0 • e, u _- (0,-- Meadowland Meadowland - • DEPTH / • House Pliak BULKHEAD - -- Total DOCK T. • PROJECT DESCRIPTION (Please include with Z.B.A.Application) Dorothy W. Faucon, Executor of the Applicant(s): Estate of Henry B. Faucon I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: N/A Square footage: N/A B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: N/A II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: N/A Square;footage: N/A Heigh N/A III. Puipose and use of new construction requested in this application: N/A • IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): N/A V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. No new construction. 7/02 - Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631)765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT (PRE—EXISTING TWO FAMILY DWELLING) Date December 16 ,20 04 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. 0,-.4W/ (Signature o :plican or na ie,if a corpor.• 46845 Main Road Southold, New York 11971 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Owner, Executor of Estate of Henry B. Faucon Name of owner of premises Estate of Henry B. Faucon (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer N/A (Name and title of corporate officer) Builders License No. N/A Plumbers License No. N/A Electricians License No. N/A Other Trade's License No. N/A 1. Location of land on which proposed work will be done: 46925 Main Road Southold } House Number Street Hamlet County Tax Map No. 1000 Section 6 9 Block 5 Lot 16 Subdivision N/A Filed Map No. -- Lot -- (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy two—family dwelling (pre—existing) b. Intended use and occupancy two—family dwelling 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other WorkMinor renovation and repair to downstairs kitchen and bathroom. (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units 2 Number of dwelling units on each floor 1 If garage, number of cars 2 6. If business,commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures,if any: Front 3 8 . 2 ' Rear 15. 3 ' Depth 6 7 ' Height 2 9±' Number of Stories 2 N/A Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories ' 9. Size of lot: Front 9 9 . 7 7 ' Rear 110 . 2 4 '• Depth 18 8 . 9 2 ' Transfer 5/7/87 Elizabeth C. Faucon 10. Date of P�r�iat� Name of Former Owner 11.Zone or use district in which premises are situated A—C (Agricultural—Conservation) 12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO X' 13. Will lot be re-graded?YES NO X Will excess fill be removed from premises?YES NO x Estate of Henry B. 46845 Main Road 14. Names of Owner of premises Address Southold, NY11971Phone No.(631) 765-2284 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO x * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. See attached survey of Joseph A. Ingegno dated June 18, 2004. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK Executor of the Estate DOROTHY W. FAUCON being duly sworn,deposes and says that(s)he is the kpplicant (Name of individual signing contract)above named, (S)IIc is-the Owner (Contractor,Agent,Corporate Officer,etc.) -ofsaid owner or-owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best oftselinowledge and belief;and that the work will be performed in the manner set forth intheapplication_filedtherewith. Sworn to before me this 16th day of December 20 04 TATE 0 HENRY B. FAUCO „> 1 ..40Y Notary Public 'Signature of Appli..nt Dorothy W. Faucon, Executor BARBARA DIACHUN Notary Public,State of New York No 01D14835190.Suffolk County Commission Expires Oct.31,200 C .,,•— TO* ' OF SOUTHOLD P7,OPE7Tllr ''RECORD CARD it/ Z L/ OWNER STREET q(;.2 , VILLAGE DIST. SUB. LOT f w-1 E w e cur.&-r Ma v , :, �� (c)-( c)--<-(_-717,--, (. (C, , FORMER OWNER N ,^� / E • ACR. S W TYPE OF BUILDINGlf I" J'', 1,1.13:k /9?!_ ad D SEAS. VL. ' FARM COMM. CB. MICS. Mkt. Value rLAND IMP. TOTAL DATE REMARKS C IV7A 2•• ."' L. 2.26AI-rn W.,90 ff o d 0 1S'o 0 33 OD 9/167? ,4 .9-r— L r00 19 r_13.5 - f !ACC,H6-f, -in, F 1 1-, 1.1/ V Mi&'0- .f- " _ - . IIri>ti�` ,�., ' , .J , irs,,•<«.rjV wwjq j OS- - 1,9505 USED onJ 6,9-5- 17 :,` • AGE BUILDING CONDITION NEW NORMAL BELOW • ABOVE FARM Acre Value Per Value Acre Tillable - FRONTAGE ON WATER Woodland FRONTAGE ON ROAD • o_.., ' e'v u F &,._ ' Meadowland DEPTH / 8 '7 i House Plot. v BULKHEAD c► ...ft Total DOCK • , . . . ' .. . .. D 1, • . .. . i i eMaPPMEMIIP .... COLOR iAd I-I( r e- TRIM • ..,, -, -, _. 6 -,,, t',,,,, ,... •, .... , _ . . 4 _,#••,,..,.,,.01,:id,I,w - ',:-. ..*-,. .'„ .‘-- / 5 - 1. .. .,;:ft.„4:, 1,,, , :--. '';,. :„.:.: ,..•„ ...3• : .. „ ,.. N ... .t 4. • '' -",- '. -:.'t- :. ',' ,,t, : '.,;,•"-itP, ''' ' - •.- . • „ . * ,>, ' ' -•''.'•--;•••,`'- e' -,., -••••••".... „ '1” -."-:- , „ • •- ,...'-';'' -: ..7"-'_-24.,,,. -- '''-' 1 . • 4, , 47: ' ',f.- t ,-. .-.• ' gal t V _',. -7•:;.,.-• C - ;111 ---- ,t,. -..,-- '.',.:;• . •,--- .;;;; 3 17Z ” -- fr. ;27 „:• -• ' --,.:,' -- ---,,.... ",Ye.';',,T„. _ -,,, ' r' •' .2-:- .----:f:n •-,-, '7.6' ,... :'•:`?:-t.,•' ,:,.,,,1 in n., • • - -7_ •- . IIIPAsh 2.•z,•••• ' 24 - • 1 . , -.....-= . - .. • -,. — • , . . . -...._ . . _ I ::?- 1-, -• 1 \ -1, 5 4-if 41 _ - - _ • ..---: '-.3.;•-'.`"!'•.,:....."=„..,',.* ..,,r. ,.,',.',A,... .." - 3-71 , _ . • i______ • .. .. _ _ M. Bldg. 3 a. V3 7 -7•1 / i Pyi ..r,ct-0 rf .2 0 _ 3 7 _ , • Extension 44.,,,, a 2_ / 0 0 , • /6-X .3.1--- 1 .5 R.,i- , Extension . - - - Extension Foundation A Dinette Porch Basement Floors Interior Finish 6<'4"41-t. 4 -4. LR. Porch Ext. Walls e.e./o-o•?, %S./.es,A"Ar 441 intC ...a . A. Breezeway Fire Place Heat DR. Garage , Type Roof Rooms 1st Floor BR. Patio - Recreation Room Rooms 2nd Floor FIN. B • 0. B. (3) D X.i )8 k SIS f,. e... 4.) Dormer Driveway Total -%. - 40.10,, 7o 0) .5.:2_6" -___LI-1... (-7 . . 41410 3 • QUESTIONNAIRE FOR FILING WITH YOUR Z,B,A,APPLICATION A. Is the subject premises listed on the real estate market for sale? [XYes 0 No B. Are there any proposals to change or alter land contours? OYes ®No C. 1)Are there any areas that contain wetland grasses? No 2)Are the wetlandareas shown on the map submitted with this application? N/A 3)Is the property bulk headed between the wetlands area and the upland building area? N/A 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? none (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? None If yes, please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. (SCTM #1000-069.00-05.00-017.000) H. Please list present use or operations conducted at this parcel pre-existing two—family dwelling and proposeduse pre-existing two-family dwelling • ESTATE OF HENRY B. FAUCON •��/Atha( 12/20/04 Authorized 's gnature and Date Dorothy W. Faucon, Executor all 0 PROJECT I D NUMBER • SEQR • 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name Dorothy W. Faucon, Executor of the Estate of Henry B. Faucon N/A • 3.Protect location: Municipality County Town of Southold County of Suffolk 4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide map) 46925 Main Road, Southold, New York (SCTM #1000-069.00-05.00-016.000) 5.Is proposed action: • • (X)NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: Recognition of pre—existing two—family dwelling. 7.Amount of land affected: Initially: 0.455 acres; Ultimately: 0.455 acres 8.Will proposed action comply with existing or other existing land use restrictions:( )YES (X)NO If No,describe briefly: It was pre—existing before enactment of zoning ordinance. 9.What Is present land use in vicinity of project:(descnbe): ( X)Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other • 10. Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES ( .)NO If Yes,list agency(s)and permit/approvals: Southold Town Building Department — Pre—existing Certificate of Occupancy 11. Does any aspect of the action have a currently valid permit or approval? ( )YES ( X)NO If Yes,Ilst agency(s)and permit/approvals: ` •12.As a result ofro osed action,will existln p p g permit/approval require modification? ( )YES ( X)NO If Yes,list agency(s)and pemll/approvals: 1 certify that the information provided above is true to the best of my knowledge Applic.nt/Sponsor.me• Estate of Henr B. Faucon Date: 17/7.0/04 ° _5•.. mai /! "ice __ Si.nature: Dor-.thy' . ".ucon, ec for If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessn ' , S i . ' . ' ,C) 1.-^‘ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Faucon, Henry B. Estate YOUR NAME: Faucon, Dorothy W. (Last name, first name, middle initial,unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance _ Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If"Other", name the activity: Granting recognition of a pre-existing two-family dwelling. Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the-Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Susi/�less interest" means a business, including a partnership, in which the Town officer or /employee has even a partial ownership of (or employment by) a corporation in which the gown officer or employee owns more than 5% of the shares. YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. I The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer,director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted pis 20th `ay of December, 2004 SignaturVA..,,,//:. • i..:_. -• .y! Print Name: Dor. y W. Faucon 0 AUTHORIZATION I, DOROTHY W. FAUCON, Executor of the Estate of Henry B . Faucon, owner of the premises at 46925 Main Road, Southold, New York (SCTM #1000-069 . 00-05 . 00-016 . 000) , hereby authorizes Richard F. Lark to act as my agent and handle all necessary work involved to obtain recognition of pre-existing two-family dwelling on said premises with the Southold Town Building Department and the Southold Town Board of Appeals . ESTATE OF HENRY B . FAUCON Dorot { W. Faucon, Executor Sworn to before me this 20th day of December, 2004 Notary Public BARBARA DIACHUN Notary Public,State of New York No 01D14635190-Suffolk County Commission Expires Oct.31,200 �SUfF0i4r '�o. N' Coy ELIZABETH A.NEVILLE ' p ` Town Hall, 53095 Main Road •TOWN CLERK y 2 ; P.O. Box 1179 rivREGISTRAR OF VITAL STATISTICS O Southold, New York 11971 MARRIAGE OFFICER y °��1 Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER '. O( * `0.,d0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER .�,,,,.��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 23, 2004 RE: Zoning Appeal No. 5659 Transmitted herewith is Zoning Appeals No. 5659—Dorothy W. Faucon -Zoning Board of Appeals application for variance. Also included is Zoning Board of Appeals application; Area Variance reasons; Reasons for use variance; Application for certificate of occupancy dated November 10, 2004; Consent to inspection dated November 5, 2004; Deposition of Dorothy Faucon(two pages) dated November 10, 2004; Schedule A description of property; copy of deed dated May 7, 1987; copy of deed dated December 3, 1942; letter from Dudley A. Newbold dated May 1, 2004; copy of deed dated April 17, 1957; Notice of disapproval dated December 20, 2004; Application for building permit(pre-existing two family dwelling); Project description; letter authorizing Richard Lark to act on Dorothy Faucon's behalf; Short environmental assessment form; Zoning Board of Appeals questionnaire; Transactional disclosure form; copy of property card; survey of property; and a letter from Richard Lark detailing enclosures dated December 20, 2004. ZBA TO TOWN CLERK CHECK AND APPLICATION FILING TRANSMITTAL SHEET DATE: DECEMBER 22, 2004 ZBA# NAME CHECK # AMOUNT TOWN CL ECEIPT/ DATtrtitA1014 Warns, Peter 2736 $600.00 DEC 2 2 2004 5658 �y �.. �.`fitteerk 5659 Faucon, Estate of Henry B. 6080 400.00 • Dorothy W. Faucon, DEC 2 2 2004 Executrix Utitdild Town Clerk Filed by: Total: $ /, dit) . II� li , Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/22/04 Receipt#: 6080 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 6080 Total Paid: $400.00 Name: Faucon, Dorothy 46845 Main Road Southold, NY 11971 • Clerk ID: BONNIED Internal ID:102823 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 20, 2004 TO: Richard Lark A/C Faucon PO Box 973 Cutchogue,NY 11935 Please take notice that your application dated December 20, 2004 For pre-existing certificate of occupancy for a"two-family dwelling" at Location of property 46925 Main Road, Southold County Tax Map No. 1000 - Section 69 Block 5 Lot 16 Is returned herewith and disapproved on the following grounds: The request for a pre-existing certificate of occupancy, on a non-conforming 19,808 square foot parcel in the R-80 District, is not permitted pursuant to Article III Section 100-31.B.,which states., "...The following uses are permitted by special exceptions by the Board of Appeals..." (1) "Two-family dwellings not to exceed one such dwelling on each lot." As specified in the attached pre-co inspection report, dated November 10, 2004,the existing dwelling is listed as a single-family dwelling_ Authori.e if.ignature • CC: file, Z.B.A. COUNTY OF SUFFOLK r. STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING •MAS ISLES, AICP ``''e®RE 'OR OF PLANNING May 20,2005 es `!ma1®,y 6 1-* Ms. Ruth Oliva, Chair MP Town of 53095 Main Southold Rd.—P.O. Box 1179 goPR��� pQP�p�s n Southold,NY 11971 Z014N Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Rand,Curtis&Susan 5586 Martorana,Frank 5650 Archer,William 5654 Jensen,Edward 5657 Faucon,Dorothy 5659 JKJ North Fork Realty 5662 Kramer, S.;Ryan d. 5664 Wallace, Gregory 5665 Hintges,Robert 5669 Cingular Wireless 5671 Kestler,Francis 5676 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc G\CCHORNY\ZONING\ZONING\N/ORKING\CHRISLD1APR\BR#11 APR LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (516)853-5190, 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516)853-4044, APPEALS BOARD MEMBERS ool i SOUry0 - Southold Town Hall !i Ruth D. Oliva, Chairwoman del 1`4 4 , 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * * z Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. �4 COQ �, Town Annex/First Floor,North Fork Bank Michael A. Simon ll. 54375 Main Road(at Youngs Avenue) COU ;.• ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 16, 2005 Mr. Thomas Isles, Director of Planning Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5659 (Dorothy Faucon) Action Requested: Pre-Existing CO for Two-Family Dwelling Within 500 feet of: ( x ) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Bounda of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF SIGN Dorothy W. Faucon. POSTING (Name of Applicant: Regarding Posting of Sign upon Applicant's Land Identified as 1000- 6 9 - 5 _ 16 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BARBARA DIACHUN residing at 875 School House Road, Cutchogue ,New York,being duly sworn, depose and say that: On the 15th day of February , 2 0 0 5 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date,which hearing date was shown to be March 3 , 2 0 0 5 . aditc-ete 00-401-1/4 (Signature) Barbara Diachun Sworn to before me this 2 8 thday of February ,200 5 / I / CL a4/1/iia- ELIZABETH A. FINNE Notary Public,State of New York y otary Public) . , No. 4653666 Qualified in Suffolk County Commission Expires November 30,905 *near the entrance or driveway entrance of my property, as the area most visible to passersby. AI MI7W._ J APPEAL NO. 5659 DOROTHY W. FAUCON rs 1000-069 . 00-05 . 00-017 . 000 il SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si.nature s item 4 if Restricted Delivery is desired. �,` ® "�.r •1 IN Print your name and address on the reverse # t. rattle Ofe/ ,d 0 A. 4x;e i so that we can return the card to you. B. Received b Pr e ted Nam / C. D . ,rr N Attach this card to the back of the mailpiece, y( % `� ' or on the front if space permits. a..• O/ t . )r 0,1•414" D. Is delivery dress different fron i-m 1? ❑Ye ' 1. Article Addressed to: If YES,enter delivery address belo+. • U Si) H. Brewster Faucon & Wife Main Road JP.O. Box 602 Southold, NY 11971 3. Service Type R3 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1680 0001 4395 2344 (Transfer from service label PS Form 3811,February 2004 , Domestic Return Receipt 102595-02-M-1540 1 1000-069 . 00-05 . 00-018 . 001 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY f ■ Complete items 1,2,and 3.Also complete A. Sig ature item 4 if Restricted Delivery is desired. ,,������// ID agent • Print your name and address on the reverse x i .zei ❑Addressee so that we can return the card to you. �,/eceived by(Printed Name) C. Date of Delive e Attach this card to the back of the mailpiece, / or on the front if space permits. c)i I/ 61 L.) 0- 2-12-05 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Reynold F. Blum 1. ' I P.O. Box 151 Peconic, NY 11958 3. Service Type 10 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 1 2. Article Number .7003 1680 0001 4395 2351 , (Transfer from service labe0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1000-069 . 00-05 . 00-018 . 003 S�T,e A -49)( G67olq. oo j Page 1 of 2 • - - f j r APPEAL NO. 5659 DOROTHY W. FAUCON L , 1 1000-069 . 00-06 . 00-009 . 004 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig .t item 4 if Restricted Delivery isdesired. X f,fily I/:. I ID Agent ■ Print your name and address on the reversemir <`/ 0 Addressee so that we can return the card to you. B. eceiv d by(P inted - C. 'ate o Delsve i ll Attach this card to the back of the mailpiece, e\l-.C.O \ �� , { or on the front if space permits. ! 1. Article Addressed to: E l ND. Is delivery address different from item 1? 0 Yes - \." If YES,enter delivery address below: 0 No i P Salvatore & Jean. Catap at,e1 4720 Main Road 0 1� 5 Southold, NY 1197 - ��UST, r' 3. Service Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1680 0001 4395 2368 (Transfer from service label) PS Form 3811,February 2004 • Domestic Return Receipt 102595-02-M-1540 1000-069 . 00-06 . 00-010 . 000 ------------ SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat e item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse 1 so we can return the card to you. , -X�rI / ❑Agent ' ■ Attachtth s card to the back of the mailpiece, �' , r / B. Received by(Pri ted NameDat: ❑Addressee or on the front if space permits. fl /,A.f S ) C. Dat: .f Delivery I1. Article Addressed to: �rrry � `, e� � '� � D. Is delivery address different from item 1? ■ Yes Allan & If YES,enter delivery address below: 0 No Theresa Connell 50 South Harbor Road Southold, NY 11971 3. Service Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?2. Article Number B' (ExtraFee) ❑Yes (Transfer from service IabelJ - 7003 1680 0001 4 3 9 5 2 3 7 5 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I I Page 2 of 2 • • LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS March 1, 2005 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Dorothy W. Faucon Appeal #5659 Dear Mrs . Kowalski : Pursuant to your letter dated February 7, 2005 in connection with the above-captioned matter, I am enclosing the Affidavit of Sign Posting. Also enclosed are the green signature cards from the certified mailings . Very truly yours, (Zeicif"igi? Richard F. Lark RFL/bd Enclosures b ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF Dorothy W. Faucon MAILINGS (Name of Applicants) CTM Parcel#1000- 69 - 5 - 16 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BARBARA DIACHUN residing at 875 School House Road Cutchogue ,New York,being duly sworn, depose and say that: On the 17th day of February , 2005 , I personally mailed at the United States Post Office in Cutchogue ,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUES FED,a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x)Assessors,or( )County Real Property Office ,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. aa„, a << ; (Signature) Barbara Diachun Sworn to before me this 18th day of February , 200 5 ELIZABETH A. FINNE tt/ p Notary Public, tate of New York �\ s Qualified in Suffolk County otary Public) Commission Expires November 30, 5 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. c LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 3, 2005: 9:35 AM DOROTHY W. FAUCON #5659. This is an Appeal requesting Reversal of the Building Department's December 20, 2004 Notice of\Disapproval, concerning a request for a Preexisting Use Certificate of Occupancy for a tWo- family dwelling use. The reasons stated in its denial is Section 100-31B and the code requirement for a Special Exception for a two-family dwelling, and Pre-CO Inspection Report dated November 10, 2004,'indicating the existing dwelling is listed as a single-family dwelling. Location of Property: 46925 Main Road, Southold; CTM 69-5-16. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 1, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN s APPEAL NO. 5659 - ROTHY W. FAUCON 1000-069 . 00-05 . 00-017 . 000 `U.S. Postal'ServiceTM CERTIFIED MAILTM RECEIPT m ,,(Domestic Mail Only;No Insurance Coverage Provided) , ru 'For'delivery Informationrvisitour'website at www usps:coma ,., A .Postage $ y' . 0.37 UhlTTslII. 0°141,i, , 1-4 0p Certified Fee v 30 r/� ^� Postmark p Return Reciept Fee t� (Endorsement Required) .7v dere Restricted Delivery Feet al (Endorsement Required) C1r 7O \)C°I 1-44.42Postage&Fees 4.42 02/17/05 " PI O Sent To v H. Brewster Faucon & Wife ,Apt.No.; 1 n- StreetorPoeoxNo. Main Road City,State,ZIP+4 41'.-Box-402 2 Southold, NY 11971 K64. rmiZIAu e,2002'^iF ill e'n, t:Til,' ReV' se„^"foligirirg.M' r , 1000-069 . 00-05 . 00-018 . 001 U.S.'Postal ServiceTM ,l CERTIFIEDtMAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) ru For delivery information visit our website at www.usps.com®; � ,0.37 UNITA -0-5.Posta e $ p Certified Fee / ` p 2.30 #U pc** Ip Return Reciept Fee (Endorsement Required) 1.75 t D dere I Restricted Delivery Fee , ~ (Endorsement Required) 21'Er kZRQF Ca 1 co r Total Postage&Fees 4.42 04/47,0J J m i O Sent To �o Reynold F. Blum Street,Apt No.; P.O. Box 151 or PO Box No. City,State,ZIP+4 Peconic, NY 11958 ' ' PS Form 3800,June 2002 7 ' See,Reverse for Instructions' 1000-069 . 00-05 . 00-018 . 003 (now 018 . 006) StTme fls -TayL big o O) Page 1 of 2 , APPEAL NO. 5659 OROTHY W. FAUCON 1000-069 . 00-06 . 00-009 . 004 � U S Postal Seru ceTM I 1Er3 CERTIFIED MAILTM RECEIPT irn (Domestic Mail Only;No Insurance CoveragesProvided); fLI - a • For delivery,information visit our website`at wwwr.usps corn®;" • r rs'='� re:- ,.;� °-' S0Ufl401 NY 119 b 0 �. , _... Postage $ 0.37 11NIT' Do Qty ° Certified Fee (/t./ 10.11 2.30 !f,) Postmark (� Retum Reciept Fee UJ (Endorsement Required) 1.75 � ere ��Q J 11 Restricted Delivery Fee QZei,,,.....!,.2Z?ZR!. 1 co (Endorsement Required) �✓ I al I,- Total Postage&Fees m 4.42 02/17/05 -m I o Sent To !o Salvatore & Jeanne Catapano f Street,Apt No.; 4720 MainRoad or PO Box No. City,State,ZIP+4 Southold, NY 11971 ,PS Forth 3800 Junef2002 { See Reverse r Instructions 1000-069 . 00-06 . 00-010 . 000 � N:f '4 �'r Y;4,7,T5.,„�}F'�'�TF k`� 'E�r`Ra.T Ai'!",JW .,U S Postal4ServiceTM ig7, CERTIFIED MAIILTM:�,RECEIPT:,' m (Domestic Mail Only,No„lnsyrance Coverage Prov ded); 1' fl.l r Foraiiiv'ery,�mforik*Ii ur web visit ositi of,www us s co ri S0uTH0L ; Ni' u97,17 ..' ! Postage $ 0.37 UNIT Zjl;-0cl35 :J G Certified Fee2.30 '1</7 .== • O Return Reciept Fee ci J/ Postmark eA 4Q� (Endorsement Required) 1.75 ( Her Restricted Delivery Fee RI RO co (Endorsement Required) ClQle�('' K .J C'. `� 4.42 0�/i7/65' Total Postage&Fees ., v Sent To -- o Allan & Theresa Connell M1 Street,Apt.No; or PO Box No. 50 South Harbor Road City,State,ZIP+4 1 Southold, NY 11971 PS Form'3800 June 2002 ;a'r ter': T" r_ �' '�'r`�"`"'�'"-�'•-�_����`'- ems „;,,y„�?,�See�Re�v�erse,.forinsfra•�u�tions Page 2 of 2 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS February 18, 2005 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Dorothy W. Faucon Appeal #5659 Dear Mrs . Kowalski : Pursuant to your letter dated February 7, 2005 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings . Very truly yours, r Richard F. Lark RFL/bd Enclosure 4SOT THO)t;D• O '1:134 ARD'QF APPS : 1.;: uTHTJTRSD,AY1V)CA:I2CH'S"' . NQTIGE IS .4==,bTER}13 Y_ rr tia x3� ae, r�,^�r. • ;et Eli,:fit tsu t to, ectio- 6a ,t .� E 1,, ,. T...} , 3;.,_s 4- -.=r- COUNTY OF SUFFOLK •of£�lieiTTal!�� varix.`c}ChaVter - :,0Azk xiii.g)uG;odeof 9 Town- STATE OF NEW YORK ss: of"Southold;Ahe,fo'llowinpuli!- c heanngs ni e lie1d)�ya e Jacqueline M. Dube, being duly sworn, SOv OPPI ,O i*A1 l . says that she is the Legal Advertising -01-1-PEALS t', -0.ovynu,,,,- . 309,5,c:gain-{;y oad,s'pOr� ox Coordinator, of the Traveler Watchman, 11;79,: Sou l old '''New MYork a public newspaper printed at Southold, �)s?,,7Q959;1f on,_ Thuisday, ryMarch 3,:L2005;1at`thentimes in Suffolk County; and that the notice of noed l? telow=(or`as<so�9n}•t ere= which the annexed is a printed copy, has •-afer as•,possible):rsKr ,..1,- .,a': - �9:30' M f:Rit.and; M ACOS; been published in said Traveler .1:04.-JLAS`1.;;#5646:,=, C rryo�,yer; Watchman once each week . from l:/20,1PI3).:Sxdei yard vari- for i week(s) ,ones:,for;.proposed;additions,-,at successively, •1.035r;'Aquaview�:Avenue;f14East commencing on the l I day of Marion;CTM-21-2-13. } -s;<c-i ..k- �?(��I..' n, .... 2005. r:)9`:3;5,,1 A/L ?QRO 'HY:: _., ? .., - '-VAUCON 441-5659:`:Thiss1 is-;an I Appeal`regiiestiiig"Reversalaiof `�1--j .L,,,[-"--- the Building• Depaituieiit's December;20;‘,;2004_:Notice;of Disapproval;.,'' concerning a request`for. a 'Preexisting:;Use Certificate',Of-Occupancy Ufor a ' , *o;famYly dwelling'-.use. •Tife Swrgoi to before me this.] 1 day of reasons=stateddijh) #s°denial,;..i`s 'Section ,1o0,3' 1B-aiidt'the;'code ••• •-R-.w(1k , 2005. requirement ra for,ttla:x!?Special-- Exceptioll -fora-ax+wtWo'-family. --- -- • dwelling; - and ' Pie-CO Mattituck; CTM 142-1-4. ing dwelling,at 3500 Deep Hole -Zone: Residential-Office. Inspection - Report dated 10:10 AM EDWARD F. Drive, Mattituck; CTM 115-17- 12:00 PM -- GINGULAR ` JENSEN #5657. Request for a 9 & 10(combined as one lot). . WIRELESS PCS, LET (Site November 10, 2004, indicating Variance under Section 100-244 -11:00 AM WILLIAM and Owner: A. Junge) #5671, the existing dwelling is listed as based - on the Building PATRICIA MOORE #5636. Request for a Variance under a ` single-family dwelling. Department's November 9,2004 Applicants request: (a) Special Section 100-165(C), based on Location of. Property: 46925 Notice of Disapproval, concern- Exceptions under Section 100- the Building Department's Main Road, Southold; CTM 69- ing a proposed porch addition at 71B (ref. 100-91B) for approval December 15, 2004 Notice of 5-16. less than 35 feet from the front of an as-built Apartment and Disapproval concerning a pro- 9:40 AM MICHAEL and lot line, at 440 Sunset Way, •future Apartment 2 within a 500 posed equipment shelter build- KAREN CATAPANO '#5656 Southold; CTM 91-1-8. - sq. ft. of office floor area, as an ing at less than 70 feet from the (Mr. and Mrs.V.Pust, Owners). 10:15 AM JKJ NORTH FORK alternative, within the principal rear lot line, at 21855 C.R. 48 Request for Variances concern- REALTY, INC. #5652. Request building (first floor), and (b) (Middle Road), Cutchogue; ing'a proposed farm stand on for a Variance under Section Variance under Section 100-33, CTM 96-1-19.1. Zone: Light this 4.99 acre parcel,inconjunc- 100-92, based on the Building based on- the Building industrial. tion with a proposed goat farm, Department's November 29, Depaituient's October 8, 2004 12:15 PM CURTIS and barn;storage, cheese processing 2004 Notice of Disapproval, Notice of Disapproval, amended SUSAN RAND #5586. Request facility, milking_room based on concerning a building permit January 14; 2004, for the loca- for Variances under Sections the.- Building Department's application concerning proposed tion of the accessory garage in a 100-242A and 100-244, based December- 1, 2004 Notice of second-story alterations. The side yard after proposed expan- ' on the Building Depaitment's Disapproval, revised December reasons stated for disapproval sion of the principal building. May,, 14, 2003 Notice of 29;"2004.The reasons stated-for are that the height alteration will Location of-Property: 51020 Disapproval, amended October denying_.the-farm stand is,that: increase the degree of noncon- Main Road, Southold; CTM,70- 13, 2004. The reasons stated in (1)the proposed goat-farm use is formance with regard to a single 2-8.Zone:Residential-Office. the disapproval are that the pro- notl permitted because the--code side.yard at less than 10 feet and 11:05 AM - BARBARA posed porch reconstruction and requires 10 acres or more under total side yards at less than 26 KELLC #5670. Request for a as-built rear deck addition will Section 100-31A(2)B; .and (2) feet. Location of Property: Variance under Section 100=33, be less than 35 feet from the rear the-farm stand is not proposed 53740 Main Road, Southold; based on the Building and front lot lines. Location of with-five(5)tillable acres either CTM 61-4-6. Zone: Hamlet Department's January 12, 2005 Property: Greenwood Road, owned or leased by the farm Business. - Notice of Disapproval,-concern- Fishers Island; CTM 12-1-13.3. stand owner as required under 10:20 AM RICHARD mg an as-built accessory(show- The Board of Appeals will Ch..47.-3B, at 33705 C.R. 0, SCHETMAN #5667. Request er) structure located at less than hear all persons, or their repre- Peconic; 74-2-12-2. for Variances under,,Sections three (3) feet from the side lot sentatives, desiring to be heard 9:45 AM WHITNEY B.ARM- 100-33 and 100-131A,based on line, at 680 Locust Lane, at each hearing, and/or desiring STRONG #5661. Request for a the Building Department's Southold; CTM 64-2-54. to submit written statements Variance -under Section 100- November 23, 2004 Notice of 11:10 AM ROBERT HEINT- before the conclusion of each 239.4A.1,based on the-Building Disapproval, concerning new GES #5669. Request for a hearing. Each hearing will not Department's December 21, construction that will contain Variance under Sections 100- start earlier than designated 2004 Notice of Disapproval con- additional living space without 30A.1 (ref. 100-31A), based on- above. Files are available for cerning a new dwellmg(as mod- being attached with the, code- the. Building Department's review during regular business ified);at less than-100 feet from required'heated space,constitut- December 16, 2004 Notice of hours. If you have questions, the top of the bluff or bank of the ing an accessory,and a second Disapproval concerning a pro- please do not hesitate to call Fishers Island Sound.:Location dwelling,"and exceeding the 18 posed storage shed; a,non-per- (631)765-1809. of Property: Clay Point Road, ft.height limitation as an acces- mitted use on a vacant parcel Dated: February 7,2005• Fishers.Island; CTM 2-1-11.3. 'sory building in a front-yard. located.at..275.Strohson Road, BOARD OF APPEALS,, 9:50 AM GREGORY WAL- Location: 38910 Main Road, Cutchogue; CTM 103-10-13. RUTH D. OLIVA, CHAIR- - LACE and.LINDA WALTERS Orient; CTM 15-8-30. • 11:15 AM.DAVID and BAR- . -WOMAN #5665.'Request for a Variance 10:30 AM BRUCE GARRI- BARA DASH #5672. Request - By Linda Kowalski under Sections 100-242A and TANO #5653. This is a request for a Variance under Section 1X.2/17/05 (571) 100-244, based on the Building for a Special Exception under 100-242A and 100-244, based- ---- - Department's December 7,2004 Article-III, Section 100-30A.2B on the-Building Department's Notice of Disapproval concern- to establish a Bed and Breakfast September 24, 2004 Notice of ing a proposed second-story use as an-accessory use inciden- Disapproval, ' amended addition which will constitute an tal to the owner's residence, December 23, 2004, concerning increase in the degree of non- with up to a maximum of five, proposed additions/alterations conformance with a setback at (5) guest bedrooms'for lodging which will increase the degree less than 35 feet from the front and serving of breakfast to'-not of nonconformance when•locat- property line, at 62 Washington more than ten (10) casual, tran- ed at less than 40 feet from the Ave,-Greenport; CTM 41-1-35. sient roomers. Location of front property line.Also the new 9:55 AM PETER WARNS Property: 8100 Main Road,East construction will create a new #5658. Request for,Variances Marion; CTM 31-6-16. nonconformance when located under Sections 100-242A, 100- 10:35 AM ,JANICE and with combined side yard set- "239.4B and 100-244,,based on WILLIAM CLAUDIO (Linda backs at less than 35 feet,at 595 theBuilding, Department's Braider, Owner)#5655.Request North Parish- Drive, Southold; September 20,'2004 Notice of -for a Variance under Section CTM 71-1-6: Disapproval concerning,'pro- 100-32, based on the Building 11:20 AM -, WILLIAM posed additions with an increase Department's December 8,2004 ARCHER #5654. Based on the aw yam • ow moi.���� APPEALS BOARD MEMBERS /������OF so�lyo Southold Town Hall Ruth D. Oliva,Chairwoman ,, hO !p 53095 Main,Road•P.O. Box 1179 Gerard P. Goehringer * ; • Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. : 0 y• Town Annex/First Floor,North Fork Bank N..Michael A. Simon ly,oU •�� 54375 Main Road(at Youngs Avenue) ."' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 February 15, 2005 Richard F. Lark, Esq. Lark&Folts . 28785 Main Road P.O. Box 973 Cutchogue,NY 11935 Re: Appeal#5659 for Reversal(Faucon) Dear Mr. Lark: At your earlier convenience, please furnish seven (7) copies of a rough diagram showing the floor plan layout for both dwelling units for the Board's review in the above appeal application, together with information to show the entrances into each unit using the survey or site map. Preliminary diagrams or rough sketches may be furnished of any scale. Thank you. Very truly yours, lasje—A. Ruth D. Oliva Chairwoman � P *1/4510 moi6" "ee ars!" ` f ifA ) , NOTICE OF FARING A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road, Southold ; concerning this property: APPLICANT: DOROTHY W. FAUCON #5659 TAX MAP ID: 7000-69-5- 16 APPEAL FOR 'REVERSAL OF DENIAL BY INSP .' PROJECT: TWO- FAMILY USE DATE/TIME : THURS . , MARCH 3'd- 9 :35 A. M . If you are interested in this project, you may review the Town file(s) prior to ( the hearing on business days between the hours of 8am and 3pm . Z *' I ' ( BARD T1%AIF F qnUTHnLD 631 765 1809 a r�. SURVEY OF PROPERTY ' SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEWYORK t S.C. TAX No. 1000-69-05- 16 SCALE 1 "=20' (.1j „:14 .. .. JUNE 18, 2004 lii IE y�4S) NO - r ��ol� s��¢G�Z °'� ��• 5 `��. AREA = 19,808.59 sq. ft. �� oi��Z °� 06,, 1 0.455 cc. c Vo `k1 �y �',. j/ F 1 CERTIFIED TO: ,, o c�4�� AQUEBOGUE ABSTRACT CORPORATION°' ti 0P PECONIC VINEYARDS REALTY, INC. 1 o \1 0,,C. I e \��P6 ' :GG 1 NOTE: O,�O - o�� LOT NUMBERS SHOWN THUS: LOT Of REFER TO .� •• o� SET—OFF OF REYNOLD BLUM AT SOUTHOLD h'S o FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY • �•�,� Jr-7.--4 ON JUNE 8, 2001 AS FILE No. 10632 • �o ,moo s , .� • am :