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1000-48.-3-24
SUBDIVISION OF PROPERTY N SITUATE : GREENPORT WE TOWN: SOUTHOLD SUFFOLK COUNTY, NY s SURVEYED SEPTEMBER 23, 2005 SUFFOLK COUNTY TAX #S � 1000-48-3-7.1 1000-48-3-24 AFPUCANT: DAYSMANMORRIS NANNIS MORIUS 5 SOUTY OLD H WP DRXVE ➢OYORK NOu z g 200 �IlD717p�� street of S8ed ° �104� o! ha L xf/m]ok—c o' / / I o, i- Story 3x N I v ° N ° I Frame 9 8 O I EDA I ry I SI 1 I Area Lot I � I 9,744 SP i N iu 0 ISI Dona°�aW O M N o I Paloy ) Lot 65 x Lot 64 eao II s Part of ° Frame >E I Garage A -L °e I Part Lot 63of k 9 82.45120:,E n"eg_ 50.00' 872 o: N82045'20"w — — 37.00' u N I W Lot 18 co I o 'e) M N M ~ ti I ° Lot 2v Lot 16 Z b Area = 5,624 SF LU 9 ry� r Lot 20 I - �_- o i DATE v Q r � I N82044'30"W 50. I 00 i Broom / Street NOTES: MI5 15 TO LE2TIFY THAT TH15 515DIVI5ION PLAT NA5 BEEN APPROVED BY THE PLANNING LOT NUMBERS REFER TO"PLAN OF PROPERTY BOARD of THE TOM OF 50UIFbLD BY RE50LUTION DATED, AT GREENPORT,SUFFOLK CO, N.Y. KNOWN A5 GREENPORT DRIVING PARK" FILED DECEMBER 1,1,909 FILE No.369 ■ MONUMENT FOUND 0 PIPE FOUND •'�'�^ "°••°^• T° ,�,,,, ,..laim `ena ate. 'I HEREBY LERTIFI' THAT 'HIS MAP nIAS MADE eY IS FROM ALTIIAL SURHEYS LONIPLETED SEPTEMBER 23, 2005 c IHAf ALL IUNGRETE MONK-IL'NTS AEP THUS ■ HEREOPI ASTUAI_LY 1FX15T AND THEIR POSITIONS@_ GORRELTL" SHORN AND ALL DIMEN5IGNAL AND GEWET[A DETAILS AR RR 6T TOTAL AREA = 15,423 5F or 0.354 ACRE �p 1 i4 ( JOHN ,/'� L LTT L A LAND ^ h..'•..• � ° `•' GRAPHIC SCALE "= 20' Dowdct s �iNrPL5 LIca MAILING ADDRESS: PLANNING BOARD MEMBE OF soar P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS i5 Q 54375 State Route 25 MARTIN H.SIDOR %� 4Z' (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON �IiYCOU'M,� Southold, NY IY,, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Proposed Standard Subdivision of Daysman Morris The property is located on the n/s/o Brown Street and the s/s/o Linnet Street, approximately 313 feet w/o 7th Street in Greenport. SCTM#1000-48-3-7.1 & 24 Zoning Districts: R-40 Dear Ms. Doty: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2005, adopted the following resolution: WHEREAS, this proposal is to subdivide a 15,423 s.f. parcel into two lots where Lot 1 equals 9,794 s.f. and Lot 2 equals 5,629 s.f.; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted sketch approval on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and WHEREAS, on November 8, 2005, the Southold Town Planning Board granted preliminary plat approval upon the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and WHEREAS, on November 8, 2005, the Southold Town Planning Board granted conditional final plat approval upon the on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and WHEREAS, on November 18, 2005, the agent for the applicant submitted an original undertaking stating that a new deed, which includes the garage encroachment, will be filed with the Office of the County Clerk and that a copy of same will be submitted to the Planning Board; be it therefore Morris Resolution Page Two December 13, 2005 RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005, and authorize the Chairperson to endorse the maps. Enclosed is a copy of the map that was endorsed by Chairperson. If you have any questions regarding the above, please contact this office. Very truly yours, ;?en�lyn B. Woodhouse Chairperson cc: Building Department w/enc. Tax Assessors w/enc. Enc: map MO • Project Status Report for Standard Subdivisions Sketch Application Dates Pre-Submission Conference SEQRA Determination Sketch Application Received 'I Z '�S SC Planning Commission Referral Application Fees Paid , - I Z '0 S SC Planning Commission Comments ERSAP Submitted Fire Department Referral Yield Plan Submifted Fire Department Comments Concept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission SEQRA Coordination Conditional Sketch Approval Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates(6 months after Sketch Plan Approval) Preliminary Application Received DEIS Submission Application Fees Paid Referral of Legal Documents to Town Aftomey Referral of Road and Drainage Plans Comments from Legal Department Received Engineer Conference FEIS Submission Comments kom Town Engineer Preliminary Hearing Set Draft Performance Estimate Preliminary Hearing Held Draft Covenants and Restrictions Preliminary Hearing Closed Draft Homeowner's Association Agreement Conditional Preliminary Approval Draft Road Maintenance Agreement Preliminary Approval Scoping Session f i Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Molars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(6) NYSDOT/DPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received Final Hearing Set Performance Guarantee to Town Board Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval Park and Playground Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: 0 0 Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Daysman A. Morris & Nannie P. Morris 2. Suffolk County Tax Map # 1000-48-3-24 & adjoining 7.1 (owned by Latney) 3. Hamlet Greenport 4. Street Location 245 Brawn Street 390 Linnet Street (awned by Latney) 5. Zoning District R40 6. Date of Submission 08/04/2005 7. Sketch Plan Approval Date 10/18/2005 8. Preliminary Approval Date 9. Number of Lots Proposed 2 (that is, lots #24 & #7.1 ) 10. Acreage of Open Space/Reserved Area -o- 11. Affordable Housing Units Proposed -0- 12. Percentage of Affordable Housing -0- 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B) of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes 15. Application prepared by [] owner 14 agent [ ] other � — —� Signature o Pt" reparer Date 20 DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 FAX 631-734-7702 631-734-6648 October 20, 2005 BY HAND Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Dear Mr. Trezza: f, l r Enclosed please find the following the application for final plait approval and my clients' check payable to the Southold Town Clerk in the amount of$500.00 for the application fee. The enclosed should complete the submissions required to proceed to obtain final approval. Once again, my clients and I appreciate your efforts in expediting this matter. Very truly yours, Deborah Doty Encls. DD:bdr cc: Daysman A. Morris & Nannie P. Morris DAYSMAN MORRIS 60-791/214 3312 NAN MORRIS 10/19/2005 2760 YENNECOTT DR. DATE SOUTHOLD, NY 11971 PAY TO THE Southold Town Clerk $ 500.00 ORDER OP Five hundred and no/100-------------------------- - e _ DOLLARS 8' M..m.... IRE North Fork Bank ` ww a0 eDrkbank.cD MEMO final p at approve on own , reenport 1:0 2 140 79 1 21:ii' 3 2 26...00 17 Sit, 2111 1 2 DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 FAX 631-734-7702 631-734-6648 October 20, 2005 BY HAND Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Dear Mr. Trezza: C f, 1 r Enclosed please find the following the application for final plait approval and my clients' check payable to the Southold Town Clerk in the amount of$500.00 for the application fee. The enclosed should complete the submissions required to proceed to obtain final approval. Once again, my clients and I appreciate your efforts in expediting this matter. Very truly yours, Deborah Doty Encls. DD:bdr cc: Daysman A. Morris & Nannie P. Morris DAYSMAN MORRIS 50-791/214 3 312 NAN MORRIS 10/19/2005 2760 YENNECOTT DF. DATE SOUTHOLD, NY 11971 PAY TOTHE Southold Town Clerk $ 500.00 w ORDER OF Five hundred and no/100----------------- s _ DOLLARS 6 1 North Fo k Bank ww noythforkbank.cMENIO o final plat approvaf on _ M rown Teen rt 1:02L4079L2': 322E-00L7S11, ' 12 0 0 Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Daysman A. Morris & Nannie P. Morris 2. Suffolk County Tax Map # 1000-48-3-24 & adjoining 7.1 (owned by Latney) 3. Hamlet Greenport 4. Street Location 245 Brown Street 390 Linnet Street (owned by Latney) 5. Zoning District R40 6. Date of Submission 08/04/2005 7. Sketch Plan Approval Date 10/18/2005 8. Preliminary Approval Date 9. Number of Lots Proposed 2 (that is, lots #24 & #7.1 ) 10. Acreage of Open Space/Reserved Area -0- 11. Affordable Housing Units Proposed -0- 12. Percentage of Affordable Housing -0- 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B) of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes 15. Application prepared by [] owner fq agent [ ] other Signature o Preparer Date I G �'ra.rs ' • ��gUFFO(��, • MAILING ADDRESS: PLANNING BOARD MEMBERS /.�� GG,y P.O. Box 1179 JERILYN B.WOODHOUSE C Southold, NY 11971 Char y OFFICE LOCATION: x RICHARD CAGGIANO Town Hall Annex WILLIAM J.CREMERSy�ol �aO� 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Daysman A. Morris & Nannie P. Morris 2. Suffolk County Tax Map # 1000-48-3-24 & adjoining 7.1 (owned by Latney) 3. Hamlet Greenport 4. Street Address/ 245 Brown Street Project Location 390 Linnet Street (owned by Latney) 5. Zoning District R40 6. Date of Submission 08/04/2005 7. Sketch Plan Approval Date 10/18/2005 8. Acreage of Site 0.13 (Latney property = 0.225) 9. Parcel Yield same 10. Number of Lots Proposed 2 (that is, lots #24 & #7.1 ) a. Number of Affordable Lots Required: -0- b. Number of Affordable Lots Proposed: -0- c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: -0- 11. Acreage of Open Space -0- 12. Percentage of Open Space -0- 13. Range of Lot Sizes 5,629 sq ft to 9,794 sq ft 14. Average Lot Size 7,711 .5 sq ft 15. Private or Public Streets public 16. Length of Road(s) N/A 17. Acreage of Road(s) N/A 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. no 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies? Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. none 20. Application completed by [ ] owner [x] agent [ ] other Signature of Prepares Biome cis Date 1p IN — �-�" • �OgVFfQ(� CO . MAILING ADDRESS: PLANNING BOARD MEMBERS h�0 Gy P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 :hair ti OFFICE LOCATION: x RICHARD CAGGIANO Town Hall Annex WILLI-AM J. CREMERSy�o� �aO� 54375 State Route 25 KENNETH L. EDWARDS * (cor. Main Rd. &Youngs Ave.) MARTIN H. SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765.1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 AUG - 5 205 Application for Sketch Approval 1 APPLICATION IS HEREBY MADE to the Town ok Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision DaYsman A. Morris & Nannie P. Morris 2. Suffolk County"Tax Map # 1000-48-3-24 and adjoining 7.1 (owned by Latney) 3. Type of Subdivision Standard [X] Conservation ( ] 4. Hamlet Greenport 5. Street Address/ 245 Brown Street Project Location 390 Linnet Street (Latney property) 6. Acreage of Site 0.13 (Latney property = 0.225) 7. Proposed Yield 8. Number of Lots Proposed 2 (that is lots #24 & #7.1 ) 9. Zoning District R40 10. Date of Submission 08/04/2005 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Daysman A. Morris & Nannie P. Morris 2760 Yennecott Drive , Southold, NY 11971 631-765-2240 0 Agent Deborah Doty, Esq. 670 West Creek Ave, PO Box 1181 , Cutchogue, NY 11935 631-734-6648; 631-734-7702(FAX) Property Owner(s): Applicant (see above) Surveyor: John C. Ehlers Roderick Van Tuyl, Pc 6 East Main St t' Riverhead NY 11901 631-369-8288; 631-369-8287(FAx) Engineer: n/a Attorney: Agent (see above) 12. Has an application for subdivision ever been filed for this property? If so,please indicate when and whether or not approval was granted by the Planning Board. see addendum to application 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. yes; June 2005 14. Has the owner/applicant met with Land Preservation? If so,provide date. no 15. Is any part of the property in agricultural use? no 16. Is there an existing or proposed sale of development rights on the property? nQ IT Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. no 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). none 19.The site will be serviced by the following special districts or utility companies: Fire District Greenport Post Office Greenport School District Greenport Water Greenport/SCWA 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. no 21. Please indicate the type of open space proposed and how it will be managed? n/a 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? house and garage on #7.1 to remain in place 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield,please indicate how you intend on satisfying the requirement. n/a 24. Application completed by [ ] owner agent [ ] other Signature ofPreparer ��� 9�. Date • OF SO!/ APPEALS BOARD MEMBERS �� �y0 Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer # *( Southold,NY 11971-0959 Vincent Orlando G Q Office Location: James Dinizio, Jr. own Annex/First Floor,North Fork Bank Michael A. SimonCOII 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1509•Fax (631) 765-9064 I' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 21, 2005 ZB Ref. 5737— Daysman and Nannie Morris Property Location: 245 Brown Street, Greenport; CTM 48-3-24 ( referred to as '18') 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: This application involves property that borders Brown Street and Linnet Street, referred to as Lots 18 and 64 on the 1909 Map of Greenport Driving Park. The southerly 5,629 sq. ft. area ('18) has 50 feet along Brown Street and depth of 112.58 feet, shown as 24 on the Suffolk County Tax Maps, Section 48, Block 3, and shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. The northerly 9,744+- sq. ft. area ('64) is shown on the current County Tax Maps as 48-3-7.1, with 87 feet along Linnet Street and depth of 112+- feet. BASIS OF APPLICATION: Zoning Code Sections 100-32 and 100-244, based on the applicant's request to divide lots shown as '18'and '64'on the Map of Greenport Driving Park, and the Building Inspector's June 1, 2005 Notice of Disapproval. The disapproval states that the subdivision of a lot located in the R40 District is not permitted under Section 100-32 ... unless the same conforms to the Bulk Schedule and Parking Schedule, for this property, which states that this property is merged with the adjacent property to the north (referred to as CTM 1000-48-3-7.1). When the ownership search of this and adjacent properties prepared November 30, 2004 by Stewart Title Insurance Company, submitted to the Town when applicants filed an application for a building permit dated January 19, 2005, it was discovered that the premises (Greenport Driving Park '18' and '64') was acquired by Mr. and Mrs. Daysman Morris by deed dated August 7, 1953 for the subject premises and more. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 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: Page 2-July 21, 2005 • ZB File Ref. 5737-D. and N. Morro CTM 48-3-24 AREA VARIANCES REQUESTED: The applicants have submitted an application for area variances, for relief under Sections 100-32 and 100-244, concerning a 50' x 112.59' parcel of land referred to as CTM 48-3-24 (referred to herein as '18'). Also requested are a setback variance under Section 100-244 for a proposed combined side yard area totaling 23'8", instead of the code required total side yard area of 25 feet. (A minimum 10 ft. side yard at the westerly side of the proposed dwelling will conform.) PRIOR TOWN APPLICATIONS BETWEEN 1989 AND 2005: During 1989, the applicants submitted applications to the Town under the subdivision and zoning code regulations with a new map dated March 13, 1989, changing frontages along Linnet Street for two properties with 87 feet along Linnet Street for the westerly parcel and with 113 feet along Linnet Street for the easterly parcel. The lower 50 ft. by 112.5 ft. parcel (18') was not included on the new map approved under the subdivision regulations. No other application was filed after the 1989 approval of the lot line change map to create the 50 ft. by 112 ft. undersized lot for the property (18'). During September 1980 the Town Board and the Planning Board amended Subdivision Code Section 106-53, which amendment indicated approval of "lots approved by ZBA between 1971 and 9/6/79, as 'actions having the same force and effect as if the owner had applied to the Planning Board for subdivision approval."' This action was applicable to ZBA area variances under Appeal No. 2531, without creation or notation for a third, separate lot (18). The 1953 deed conveying this property and more to the applicants remained without change, until September 1990 when the northerly parcel '64' was deeded by the applicants to their daughter and son-in-law. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a setback variance for side yards at a minimum of 23.5 feet and for area variances involved with the proposed set-off of a 50' x 112.59' land area, resulting in a separation from the applicant's adjacent 9,744+- property to the north (County Tax Map Lot 7.1). The requested parcel, County Tax Map Lot 24 and adjacent lot 7.1 have a long history in both the subdivision and zoning records of the Town of Southold. The property, when set off, will also create an affordable housing parcel that will not create a detriment to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The northern property ('64') which borders Linnet Street and improved with a dwelling, has not been owned by Daysman and Nannie Morris since 1990, and there is no other alternative but to request variances. 3. The difficulty has been self-created based on the nonconforming size of the parcel and record of ownership and town applications in the past. Page 3-July 21,2005 ZB File Ref. 5737-D. and N. Morrio CTM 48-3-24 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The setback variance is a reduction of less than two feet from the code requirement for combined side yards. With regard to the lot size variances, the land has direct frontage along Brown Street, and is one of the last unimproved lots in close vicinity to this property. 5. Grant of the requested relief is the maximum the Board will approve, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. 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), Goehringer, Orlando, and Dinizio. (Member Simon was absent.) This Resolution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 7/,�tr/05 Approved for Filing A. HISTORY • • The subject parcel was created as lot #18 on the Map of Greenport Driving Park, filed 12/11/1909, Map No. 369. Daysman A. Morris and Nannie P. Morris purchased lot #18 together with lots #61, 62, 63 and 64 by deed dated August 7, 1953. Lots #18 and 64 were conveyed as "Parcel No. One" and lots #61, 62 and 63 were conveyed as "Parcel No. Two." According to a copy of the Suffolk County Tax Map available in Southold Board of Appeals ("ZBA") file #2531, lot #64 was known as tax lot #6, lots #61-63 were known as tax lot #7, and lot #18 was known as tax lot #24. 1. 1979 ZBA Variance 025311 The Town issued a Notice of Disapproval dated March 15, 1979 of application to divide lots #61, 62, 63 and 64 (that is, tax lots #6 and 7) on the grounds of insufficient area and width. The Notice reflects that the subject parcels are bordered on the south by, among others, tax lot #18 (a/k/a #24). Application was made to the ZBA for permission to divide property with insufficient area and width. Page 18 of the transcript of the April 12, 1979 hearing on the application reflects the applicant wanted to divide four lots into two lots and three (not five) tax bills were issued by the Town. The file contains a copy of a survey dated April 9, 1979 of tax lots #6, 7, and 24 (hereinafter '118"). Lot #18 is shown as being part of tax lot #64 and p/o 63.' The total depth of the westerly side of the depicted western lot is in excess of 225+ feet. A notation in the lower right corner of the survey reflects that the map was "rec"d" on 4/12/79. In granting the variance, the Board found that "the applicant requests permission to create two lots out of four existing lots" (emphasis added). It further found that the depth of the westerly lot will be 112 feet (rather than 225 feet on one side and 112 feet on the other). It appears that lot#18 was not included in the 1979 determination. A copy of the ZBA's file made available to applicants is submitted herewith. 2. 1989 Planning Board Lot Line Change By application dated March 15, 1989, Mr. Morris requested a lot line change in connection with lots #61, 62, 63 and 64. Mr. Morris was attempting to create two lots of approximately equal the size so that he could divide the property between his two children. Mr. Morris asked that the line between lots #62 and 63 be moved to the west in order to create the following two lots: (1) lot#64 and part of 63 to form a parcel of 9,793 square feet now known as SCTM # 1000-48-3-7.1 (hereinafter "lot #7.1"), and (2) lots #61, 62 and part of 63 to form a parcel of 12,723 square feet now known as SCTM # 1000-48-3-7.2 (hereinafter "lot #7.2"). The 1989 survey shows a house on the western lot and a house and garage on the eastern lot. Without reference to lot#18, the Planning Board approved the lot line change by resolution dated April 18, 1989. A copy of the Planning Board's file made available to applicants is submitted herewith. 3. Transfers of#7.1 & 7.2 Pre-existing Certificate of Occupancy #Z-18170 dated 7/6/89 was issued for a one family dwelling with accessory 3 car cement block garage on lot #7.1. By deed dated September 10, 1990, the westerly lot (#7.1) was conveyed to the Morris' daughter Lori Latney and her husband for $95,000. By deed dated July 7, 1999, the easterly lot (#7.2) was conveyed to the Morris' son Douglas A. Morris for $70,000. After those conveyances, Daysman A. Morris and Nannie P. Morris owned only vacant lot #18. ' The accessory garage is shown on the 1979 survey as being centered at the approximate mid-point between Linnet Street and Brown Street. The 2004 survey reflects that the garage encroachment onto lot#18 is between 1.0 and 1.1 feet. The garage has not been moved. It is suggested, therefore, that the location of the garage on the 1979 survey is not correct. MORRIS-ADDENDUM TO PLANNING BOARD APPLICATION 1 4. Pendine Sale of#18 • • By contract dated October 19, 2004, Daysman A. Morris and Nannie P. Morris agreed to sell lot #18 to Joanne Mosher and Charles Mosher for $160,000 "all cash." The sale is contingent upon both a title search showing single and separate ownership of the property pursuant to Southold Town Code and the issuance of a Building Permit from the Town of Southold. A true copy of the contract is submitted herewith. 5. 2005 Application for Waiver of Merger Southold Town Building Department issued a Notice of Disapproval, dated January 19, 2005, on the grounds that lots #18 and #7.1 merged pursuant to Article II §100-25. On February 14, 2005, application was made to the ZBA for a Waiver of Merger. By determination made at its May 12, 2005 meeting, the ZBA resolved that "this 50 ft. by 112.5 ft. area of land [lot #18] is not eligible for a Lot Waiver under Section 100-26." 6. 7/28/2005 ZBA Variance 05737) The Building Department issued its 6/1/2005 Notice of Disapproval of the "proposed subdivision" on the following grounds: (a) lot #18 will be non-conforming in total size, lot width and lot depth; (b) lot #7.1 will be "less conforming" and noted that, in 1989, the Planning Board approved #7.1 as an "undersized lot;" and (c) the combined side yard setback for the proposed dwelling on lot #18 is only 24 feet where the Code requires a total of 25 feet. By determination dated July 28, 2005, the ZBA granted the requested variances with respect to area and side yard setback. A copy of the determination is submitted herewith. B. PLANNING BOARD APPLICATION Applicants, who were not represented by counsel at either the 1979 ZBA proceeding or 1989 Planning Board matter, understood that, by reason of the Town's determinations, there were three parcels where previously there had been five - to wit, the Linnet Street parcels (lots #7.1 and 7.2) and the Brown Street parcel (lot #18). Lot #7.1 was sold in 1990 for $95,000 and lot #7.2 in 1999 for $70,000. After the transfers, applicants owned only lot #18 and paid taxes on that parcel. In 2004-05, Mr. and Mrs. Morris discovered that according to the Town, lot #18 was never separated from lot #7.1 even though they had not owned lot #7.1 since 1990. Failure to approved the within application would result in substantial inequity and damage to the applicants who, in good faith, continued to own lot#18 and pay taxes on it for 16 years and entered into a contract to sell the vacant parcel for $160,000. Accordingly, applicants seek Planning Board's confirmation of a division of property that applicants (and, apparently, the taxing authorities and the Health Department) had believed to exist for more than 16 years. MORRIS-ADDENDUM TO PLANNING BOARD APPLICATION 2 0 0 DAYSMAN A. & NANNIE P. MORRIS 2760 Yennecott Drive Southold, NY 11971 January, 2005 Deborah Doty, Esq. 670 West Creek Avenue P.O. Box 1181 Cutchogue, NY 11935 RE: 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Dear Deborah: We, the owners of the above-referenced premises, hereby authorize you to sign all applications to the Town of Southold and/or other governmental authorities in connection with building permits, certificates of occupancy, variances and/or waivers of merger with respect to said property. Very truly yours, D/sman A. Morris 4, )f)1 Nlanme P. iVi—orris TRANSACTIONAL DISCLOSURE FORM APPLIC&E. TO OWNER, CONTRACT VENDEE AGENT: 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. Morris, Daysman A. & Morris, Nannie P. (Last name, first name, rr ddle 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 ) Variance x _ Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activity: 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. "Business 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 Towm 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, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. 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 this 4,1_11 day of June 2005 Sign ture Print Name. Deborah Doty, as attorne,),—r owners • pF U o APPEALS BOARD MEMBERS � SOTis+ Southold Town Hall Ruth D. Oliva, Chairwoman `4 1p 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer * #t Southold,NY 11971-0959 Vincent Orlando CA oc Office Location: James Dinizio, Jr. • �O Town Annex/First floor,North Fork Bank Michael A. Simon �IYCoU 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 21, 2005 ZB Ref. 5737 — Daysman and Nannie Morris Property Location: 245 Brown Street, Greenport; CTM 48-3-24 ( referred to as '18') 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 11 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: This application involves property that borders Brown Street and Linnet Street, referred to as Lots 18 and 64 on the 1909 Map of Greenport Driving Park. The southerly 5,629 sq. ft. area ('18� has 50 feet along Brown Street and depth of 112.58 feet, shown as 24 on the Suffolk County Tax Maps, Section 48, Block 3, and shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. The northerly 9,744+- sq. ft. area ('64) is shown on the current County Tax Maps as 48-3-7.1, with 87 feet along Linnet Street and depth of 112+-feet. BASIS OF APPLICATION: Zoning Code Sections 100-32 and 100-244, based on the applicant's request to divide lots shown as '18'and '64'on the Map of Greenport Driving Park, and the Building Inspector's June 1, 2005 Notice of Disapproval. The disapproval states that the subdivision of a lot located in the R40 District is not permitted under Section 100-32 ... unless the same conforms to the Bulk Schedule and Parking Schedule, for this property, which states that this property is merged with the adjacent property to the north (referred to as CTM 1000-48-3-7.1). When the ownership search of this and adjacent properties prepared November 30, 2004 by Stewart Title Insurance Company, submitted to the Town when applicants filed an application for a building permit dated January 19, 2005, it was discovered that the premises (Greenport Driving Park '18' and `64') was acquired by Mr. and Mrs. Daysman Morris by deed dated August 7, 1953 for the subject premises and more. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 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: Page 2—July 21, 2005 ZB File Ref. 5737 —D. and N. Morris* • CTM 48-3-24 AREA VARIANCES REQUESTED: The applicants have submitted an application for area variances, for relief under Sections 100-32 and 100-244, concerning a 50' x 112.59' parcel of land referred to as CTM 48-3-24 (referred to herein as '18'). Also requested are a setback variance under Section 100-244 for a proposed combined side yard area totaling 23'8", instead of the code required total side yard area of 25 feet. (A minimum 10 ft. side yard at the westerly side of the proposed dwelling will conform.) PRIOR TOWN APPLICATIONS BETWEEN 1989 AND 2005: During 1989, the applicants submitted applications to the Town under the subdivision and zoning code regulations with a new map dated March 13, 1989, changing frontages along Linnet Street for two properties with 87 feet along Linnet Street for the westerly parcel and with 113 feet along Linnet Street for the easterly parcel. The lower 50 ft. by 112.5 ft. parcel ('18') was not included on the new map approved under the subdivision regulations. No other application was filed after the 1989 approval of the lot line change map to create the 50 ft. by 112 ft. undersized lot for the property (`18'). During September 1980 the Town Board and the Planning Board amended Subdivision Code Section 106-53, which amendment indicated approval of "lots approved by ZBA between 1971 and 9/6/79, as 'actions having the same force and effect as if the owner had applied to the Planning Board for subdivision approval."' This action was applicable to ZBA area variances under Appeal No. 2531, without creation or notation for a third, separate lot (18). The 1953 deed conveying this property and more to the applicants remained without change, until September 1990 when the northerly parcel '64' was deeded by the applicants to their daughter and son-in-law. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a setback variance for side yards at a minimum of 23.5 feet and for area variances involved with the proposed set-off of a 50' x 112.59' land area, resulting in a separation from the applicant's adjacent 9,744+- property to the north (County Tax Map Lot 7.1). The requested parcel, County Tax Map Lot 24 and adjacent lot 7.1 have a long history in both the subdivision and zoning records of the Town of Southold. The property, when set off, will also create an affordable housing parcel that will not create a detriment to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The northern property ('64') which borders Linnet Street and improved with a dwelling, has not been owned by Daysman and Nannie Morris since 1990, and there is no other alternative but to request variances. 3. The difficulty has been self-created based on the nonconforming size of the parcel and record of ownership and town applications in the past. Page 3—July 21, 2005 ZB File Ref. 5737—D. and N. Morris• • CTM 48-3-24 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The setback variance is a reduction of less than two feet from the code requirement for combined side yards. With regard to the lot size variances, the land has direct frontage along Brown Street, and is one of the last unimproved lots in close vicinity to this property. 5. Grant of the requested relief is the maximum the Board will approve, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. 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), Goehringer, Orlando, and Dinizio. (Member Simon was absent.) This Resolution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 7/,2x/05 Approved for Filing r F Town Hall. 53095 Main Road ; P.O. Sox 1179 + J/ Southold. New York 1 1971 TELEPHONE (516) 7651938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 18 , 1989 Daysman Morris 2760 Yennecott Drive Southold, NY 11971 RE: Lot line change Daysman Morris SCTM #1000-48-3-6 & 7 Dear Mr. Morris : The following action was taken by the Southold Town Planning Board on Monday, April 17 , 1989 . RESOLVED that whereas, a formal application for the approval of a lot line change entitled Daysman Morris located at Southold was submitted to the Planning Board on March 16 , 1989 and, WHEREAS , the Planning Board did an uncoordinated review, declared the Planning Board lead agent and -as lead agent under the State Environmental Quality Review Act grant a negative declaration and, WHEREAS, a public hearing was held on said lot line change application at the Town Hall, Southold, New York, on April 17, 1989 at 7 : 45 p.m. , and WHEREAS , the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore , be it RESOLVED that the application of Daysman Morris be approved and the Chairman be authorized to endorse approval on said lot line change, map dated March 13 , 1989 . Enclosed please find one of four maps signed by the Chairman. Vex-y;. truly yours , _ BENNETT ORLOWSKI ,JR. ✓' CHAIRMAN 6c: Building Dept . Assessor ' s Office enc . jt d"�-c- .,,,_...._ _ 'a'�..,r H-c3.n+r'::s v.a+.w•-Hy:.;..a-p, .•a,A w;�r'•r•`.K+•"w'�prn��ets�ix.: .M..S#•r e»kr w•rF#�. +mF'"_� ate i^• r-` •sr,<F-�.--.r;' .y -.w'."l��r.'e°"-1�' • a�" x r i�"8^IF� �' y��f 1 nR�n 01 oannaxl IRti 1 rn -�y� 1tl0t14+4Q +1 c 1 a _ �• 1'" � ��IM 4'��E'AIY Ti'i .: F :.��� J+� �^�aO��' I vl P}I C 1 1�' �`• F}��+IM1.iRI�A ..L ��� 1 NCY` ��� �! » '' rt l.�1 1 Tv S 11 V�1I 1'1 OF M'F 3 �y n1 rin 1 ir4�l I ua 4l RXt 1 •.. F t t' � y yl I ' yf saga N+ns,.���' p - j _ `•C''�..,=�f 1� +,��„,y, Ab }�'..: o �d„G`TJ7•r 14, a # 1i9+ E k. rp � P t �. pv aAx it 8 °Alm R�r» rzx t r�t,I w ij ff � a 686E 8l dd-V (I'dVOG 9NENNVId i • 2760 Yenneco`t Dive Southold New fork L1971 r Mar, h l0 1989 a SOUTHOLD -�z� y�� LANN14G To the S000GI d Town Panning Board I ' m writing this letter to you requesting a property line change of my property on Linnet Street in Greenport . I ' m requesting this change because I would like r_o divLOe Ihl' property between my two children . Thanking you in advance For your consideration to this request . Very truly yours , , r DOW Morris APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision p accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is no owner of record of the land under application, the applicant shall state his int est in land under application.) �f 2. The name of the subdivision is to be f/Y.. . ... . ... ....... . ... .. ...... .... ......... ............ .. . .. . . ...... .. .. .. .. .... ..... . . .... .. . . .. . ... . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of i suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's offica G / foluNvs: Liber ;2—.. ...... . Page ... ;z—S. . . . ... .. . On . . .!. �. �.5 .. ., Liber . .....n. .... ... . .. ..... Page . . . . . .. .h... . . . . . .. .. . On . . . .. .. /f.. . ... . . .. .. Liber ... .. .. .. .. .. . . .. .. . ... . Page On . . . .. .. . . .. . . .. . .. . . . Liber . . . .. .... . . . .. .. . . .... . Page . . . . . .. .. . . . . .. .. .. . . . On . . . .. .. .. .. . . . . . . . . . . Liber . .. . . .. .. . . ... . .. . . .... . Page On . . . .. .. . . .. . . . . . . . . . . as devised under the Last Will and Testament of . . . . . .. .. . .. . .. .. . . ........ . . . . . . . . . or as distributee ........ . . . ... ..... ... .. .. . . . . .. .. . . . .. . . . . . .. ...I . . .. .. I. .. . . . .. .. .. . . . . .. .. .. . . .. . . .. . . .I. . ... ..... ..... ..... . . . . . . . .. .... .. .. . ... .. . . ... . . .. . 5. The area of the land is � . . . .. . acres. 6, All taxes which are liens on the land at the (late, hereof have been paid except . .... . . , , . 7. The land is encumbered by . ... .. . . . - . . .. . . . . . . . . ... . . . . ... . . . mortga;c (s) as follows: (a) Mortgage recorded in Liber , . . . . . . . . . Pagc . . . . . . . . . . . . . . . . in original amou of $. . . ,.unpaid amount y . .- . . held by - - . . . . .. . . . . . . . . . . address . : ::- . . . , . . (h) Nnrtgage recorded in Libcr . . . . . . . , . Paged: . . . . _ . . , . . . . . . . . in original amour of unpaid amount S. _ . . . . helm'by..,�. . . . .. . . . . . . . . . . . . . . address \\' (cQlavy1ogs recorded to Liber . . . . . Paye in original a. of . .. . . . . . .. . . . . unpaid amou he by . . . . . . . . . . . . . . . . , . . . .... . . . . .. .. . . . . . . . address .. . . . . . . . . . . . . 8. There arc o other e7Tcumbcamees-or Was again;: the land except . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . _ , . . _. . . . . . . . . . . . . . .. . 9. The land lies in the following- zoning use districts . .. .... .. .... . . .. . . .. .. . . .. .. . . . . . . . . . . .. . . . . . . .. . . . . . . . .. . . . , . . . . . .. . . .. . . . . . . . . . . . . 10. No part of the hand/ lies under nater whether tide water, stream, pend water or other.visc cept . . . . . . . .zk.4. .. .. . . .. . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 11. Tho-applicant shall at his expense install all required public imnrovemr 's. 12_ The land (does) ( t) lie in a Water Dior 1" (fit) he arer Suoplc Dr .trict. flame of trict, if within a District is . . . . I . . . . . - - . . . . . . . 13. Nater mains will be laid by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - and (a) (no) charge "A he made for installing said maim ,{ 14. Electric lines and standards kill he installed by . . . . . .. . . .. .. . . . . . . . . .. .. . . . . . . . . . . . . and (a) (no) charge will be made for installing lines. A Gas mains_will he installed by . . . . . . . . . . . . . .. . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on [he plat are claimed by the applicant to be ea[i miq public streets in Suffolk County highway system, amnc. Schednlc W hcr_trr to Am, same. 17. If streets shorn on the plat are claimed by the .qj kraut tri re r:imn f on rtrrcls in Town of Southold IIi„h"ay sestcm, annus Schedumr C" '1 , K""n same. - IS Thcre are no bnddin,gs or "im arcs on the land r, A mem! on the plat. 19. AVhcre the Isla[ it �irisinn real" iuctofnrc hh, I ;IrT" rrt c .ci errfir- it r r10 -tri rn _- es.oull map, it HICIr eonjun,-uons .cc tjo pr' l .Ice'. 70 fn Ilio cnnrse of tlic-,c pnxccrli Ho' ,I c 1,1 l cr l.i:n_d L'y .idt of f1, i,, cd 1'rnl,crij f ov 21 , ,br ut n color of hr I,r,sed ,i-c ! for h r, :,u,ve�� n'I -ter u. �,�cTII ate Ain 'nckudulo "13", 22. The app ee_stimates that the cost of grading and required public improvements v $. . . .. . . . . . as itemized in Schedule "E" hereto annexed and requests that the maturity Performance Bond be fixed at . .. .. . . .. . . . . . years. The Performance Bond will be writ a licensed surety company unless Otherwissee� wn on Schedule "F L_ DATE . .. 1CJl . .l .. . . . .... . .. 19.1 I.• . . , . . r. . . . . (Name of plicant) By . .. . .. .... . .. . . .. . . . . .. .. . . .. . . . . . ... . . (Signature and Title) .. . .. .. . . .. . . .. .. . . . . . ... .. .. ... . . . . .. .. .. . (Address) 1� STATE Or-\'ENV YORK, COUNTY OF . .. . 45. 1. C.... . . . . . . ., ss: On the . .. . ��. .. . . . day o . . . . . . . . . .. 19.0.-1., before me Personally S.S. .. ... . . , to me known to be the individual described in and executed the foregoing instrument, and acknowledged that . .-�-e. . . . executed the same. LINDA F dw Quali!ie, in-4'-'L,,:'cf NWgFlf NOTARY F"t�L_i,,, "; ; KO NALa a'ta`�-y,fgotar} Public Commission¢xpi.n* Jtbd r STATE OF NEW YORK, COU-NTY OF . . . . . . . . .. ... . . . . . .. . . . . . . .. . ss: On the . . . . . . . . . . . . . . . . day . . . .. .. .. . . . of . . , . . . . . . . . . . .. 19. .. . . ., before me personally c: . . :. . . . . . . . . . . . . . . .. . to me knmvn, who bein' by me duly sworn did Pose and say that . . . .. . . . . . . . resides at \io. . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . e that is the of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . ... . . . . . . . . the curporntioo desmkcii in and which QnCQlllQd the f"vc,"oiu-I mstrnmtent! that kno tlrc ,cal of .aid rurpuration ; that rile ,cal affixed by order of ahc buanl of director_a Of said rorluorntit name thereto by like order. 1'otary Public Southold Town Planning Board Town Hall Southold, New York 11971 Re : Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivisicn and its referral Eo the Suffolk County Planning Commission. J ( 1) No g, other than foundati cavation for residential bui is osed . (2) No new roads _e proposet and no changes will o the gra of the e:cis'_ing roads . (3) 'o new drainage structures or alteration o_ eais 'tnq structures are proposed. Yours t_uLy , 1, O 1416 a 121S7)—Text 12 - - 7 _ PROJECT I.D. NUMBER 610 SEQ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APP�IyCANTISPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality County 4, PRECISE LOCATION (Street address and road Intersections,prominent landmarks,etc.,or provide map) S. IS PROPOSED ACTION: 0 New 0 Expanslonadllicatlon/alleratlon R. DESCRIBE PROJECT BRIEFLY; 7. AMOUNT OF L AFFECTED: Imllally acres Ultimately z12E7s 8. WIL PROPOSErD—tACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes 0 No It No, describe briefly C9. WHAT,46 PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial ❑Commercial ❑Agriculture 0 FarWFores0Open space vJ Other Describe: 10. DOES ACTION INVOLVE�ERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? / ❑Yes Np If yes, list agency($)and permitiapprovals 11. DOES ANY ASPE OF THE ACTON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 1 ,i ❑Yes o It ye:;, list agency name and permit/approval '/ I p� r 7 12, AS A RESULT OF PR61PCSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ZNQ I C F T THE INFORM ON PROVIDED AB VE IS TRUE TO THE�RE$T OF MY KNOWLEDGE i 1C..��.� / Ap pllcanlls pons or name'. Date: Signature: / If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 -n_ A_ - A. DOEYS ACTION EXGO HhY Ty PFI ELF-L fl Cfl. rgv coal a the ._view process ane d us [ha RL EAR ❑ e5 �N,.o � B. WILL ACTION RECEIVE CCORDINATED REVIEN AS PROJICED F J, STED AG 10',S IN 6 NYCRR,PART 6171? If No s negate,declarator may be superadded by ano.her invelvee agenc/. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATrL 9TH THE FC'_L,Mfrl. (Answers may be handwrlllen, If legible) C1. Existing air quality, surface or groundwater quaGq or quam ", mise ;eves, sxistlng traffic patterns, solid waste production at disposal, potential for erosion, drainage or !loading problems-, Explaln rrlefly - C2. Aesthetic, agricultural, archaeological, hlatonc., cr other nalural or oarRural resources; or community or neighborhood character? Explaln briefly: Ca. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: I CA. A community's existing plans or goals as officially adopted,ora change in use or Intensity of use of land or other natural resources?Explain brlefly-IIA I I C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term,short term, cumulative, or other effects not identified in C1 C5? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. 0. IS THERE, OR 15 THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL. ADVERSE ENVIRONMENTAL NiI ❑Yes ❑No It Yes, explain totally PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant: Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental imuacts AND provide on attachments as necessary, the reasons supporting this de terminaticre ------------- N, me Ir lead ,. -- ----_. --- ---.. __ i Prmr or type name of Nerpuns 61e Oiiirer m Lead TGencv _ -- of Nr,uon tih n ,., �,qna Noe of Nesponsible Officer m Leaa �,encV Sian uuc n. rep e ,II Jn`ere Fnon _ ter I ❑ale —___.__--_ . PLANNING�f3OARD T0. 0 SOU HOLD SUI:F'OLIC�TY Southold, N.Y. 11971 (516) 7G5-1933 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete , sign and return to the Office of the -Planning Board with your completed applications forms . If your answer to any of the following questions is (es , please indicate these on your guaranteed survey or submit other appropriate evidence . 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list o-f the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownersi_l( � abutting this parcel? es No 3 . Are there any building permits pending on this parcel? Yes No 4 . Are there any other applications pending concerning this property before any other department or agency? (Town ,_ State, County, etc . ) Yes No 5 . Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6 . Was this property the subject of any prior application to the Planning Board? Yes No 7 , Does this property have a valid certificate of occupancy, if yes please submit a copy of same Yes I certify that thebove statements are true and 1ii11 be relied the Planning card in considering this application . Sig, atur oz property own er o9r authorized agent date . N0iAc5 `= '7, ��o rani ? �m LOT-LINE CHANCE The following items are to be shown on the survey for a lot-line change: ( �) Key map. ( d) District, section, block and lot number from tax map , scale and north arrow. (F/) Name of subdivision map, if lot is part of a filed subdivision. Also, show the liber and page number of filed map. (✓)) Name and address of the owners of record. ( d) Name and address of the person preparing the map ( certified engineer, land surveyor, architect. ) including original seal (� and signature. Property descriptions , dimensions, bearings , square footage of the properties being changed, square footage of the land being transfered. The existing and proposed surveyed boundary lines of both properties must be shown on one piece of paper. ( V� Areas subject to flooding, including wetlands. ( ✓f Existing buildings and site improvements , (i. e . fences , hedges) . Indicate the existing lot Line (dotted line) with the bearings and distance and the proposed lot line ( solid line) with the new bearing and distance. ( V) Location and name of existing streets or right-of-ways adjacent to the property. ( � Existing spot grades. The following information is to be submitted with the application for a lot-line change: ( ) Written and signed letter, notorized, by owners of properties in question approving of the change and reasons / for the change. A-, _j _ ( ) Affidavit that upon approval the property will be merged. ( i ) Any existing covenants applying to either of the properties. ( ) Form letter regarding drainage, roads , and grading, see attached. ( `1 Short Environmental Assessment form, Part I , see attached . Application, three pages, last page notori zed , see attached . ( b) Fifty ( 50) dollars filing fee. ( Questionnaire . Eight copies of the survey" * Each of which must bear the original seal and signature of the surveyor or engineer who prepared the survey. ( Photostatic copies are not acceptable . ) Additional copies may be requested by the Planning Board, if needed. Amended June 1988 FORM NO. 3 TOWN Of SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL -lq FileNa. ................... ... ............. ................ Dote ......... .......... ...... ...... 19.0.7` To ............. .....4.... ,9'7(f I...I.... .. ... —16—.... ........ ......... ........... ............d...... 11q71 PLEASE 7AKE NOTICE that your application dated -........................ 197f i.r permit to cart�-......................................at the premises located at .................................... street Map ....................7......... ... aloc1�............................................ Lot .......1...........t........................... is returned herewith and disapproved an the folloyAng grounds ........ ......... .............. ...:7, 1.14.......... ..............--................................................................ ................-........... ........... ......—..........I...............-............. .............. ........................................P............................................................. ..............I............... Building Inspector 60) k9 )-n .Cr+9YNnNo1r! n i� I � � n F"'w" C B w,r.� :� ry„aq try AQ iavnai; l � � rylp tt D NIIA ltv 91 =Nn Wss In - v eo r stens rnvn BA r U pvnvsY,c+ r r A v x stn io,ae ` ',A 140IIV00 uva x,c rm un 4.L NW trt> .)dL o.} nCr7 �,. O'6Ir io rvarvicm v zr.stunt fly IQ o V 'Ww w IiULLYf v ORIWim, o ' z .I.�� ;J1n .1 7NN17 j� i SOVTHOLD TOWN BOARD OF APPEALS -17- April 12 , 1979 position as far as the front yard setback is concerned, There is one house nearby which has a 35 foot setback. Is -there anyone who wishes to speak for this application? (there was no response) . Is there any- one present who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the appli- cant requests permission to reduce his front yard setback from 50 feet to 28 feet. The Board can appreciate the difficulty created by the requirement of the DEC that the house be set back 47 feet from the inlet. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property, and in the same use districts; and the,.variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED, that Ronald H. Roberts, c/o First Towne 'Realty, Southold, New York, be GRANTED permission to reduce his front' yard setback to 28 'feet. Location of property: Lot No. 151 , Cedar Beach Park, Southold, New York. .Vote of the Board: Ayes ; " Messrs : Gillispie, Grigonis , Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2531 - Upon application of Daysman Morris , 2760 Yennecott Drive , Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III , Seciion 100-31 and Bulk Parking Schedule for permission to divide property with insufficient are and width. Location of property: Linnet,'_ Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south by H. Wyche, PK Reality and Riverside Homes; west by J. Crenshaw. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building inspector. . The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: Mr . Frank Field; Ms. Helen Wyche; P. K. Realty; Riverside Homes; and Joseph Crenshaw. Fee paid $15 . 00. THE CHAIRMAN: The application is accompanied by the County Tax Map which indicates that the applicant is the owner of 4 contiguous lots on the south side of Linnet Street between Ninth Street and Seventh Street. There is no Eighth Street in this area. When we were there it appeared that there was one house on the westerly lot of these 4 lots . one house on the easterly lot of the 4 lots . The lots are approximately 112 feet SOCJTHOLD TOWN BOARD OF APPEALS -18- Ap il. 12 , 1979 in depth. So that in effect each of these lots have between 5 ,000 and 6 ,000 square feet. Is this right so far Mr . Morris-, You want to divide the four lots into two lots? DAYSMAN MORRIS : That ' s right . THE CHAIRMAN: Do you get a tax bill for 4 lots or is it billed to you as one lot? I am just curious . MR. MORRIS : It has been billed to me as three pieces . THE CHAIRMAN: Someone told us your wife owns one of these pieces of land. MR ,MORRIS : She owns a lot on Brown Street. THE CHAIRMAN: I don 't think it is pertinent. You own these , right. One of the things we -were wondering about is that garage you have there. How do you propose to divide that. Are you going to run a line through the middle of that? MR. MORRIS : Are you talking about the garage on lot 63? That will be moved.. THE CHAIRMAN: Doesn't that occupy more than one lot? MR. DOUGLASS : We are talking about your truck barn: MR. MORRIS : The truck barn. The dividing lire will just come up to the fence. MR. TUTHILL: The division line will not go through the barn then? THE CHAIRMAN: Okay, this 15 your W1f iGt here , lot lo? NSR, DOUGLASS: Does this line clear your truck barn? It goes to the west of the truck barn? MR. MORRIS: Yes , it will be 5 feet. to the west of the truck harn.. THE CHAIRMAN- So the property will not be divided equally. One parcel will have frontage on Linnet Street of 113 feet. The other lot will have 87 feet on Linnet Street. Is there anyone e se wish to speak for this application? (there was no response . ) Is there anyone who wishes to speak against this application? (there was no response. ) MR. TUTHILL: It seems to me it would be more beneficial to have two large lots rather than four smaller ones . After investigation and inspection the Board finds that the appli- cant requests permission to create two lots out of four existing lots. The apVlic_ant's application will i., fact decrease the density of Greenport , SOUTHOLD TOWN BOARD OF APPEALS -19- April 12 , 1979 and will recognize the existence of a house on the easterly lot to be created and a house on the westerly lot. The easterly lot to be created will have 113 feet of frontage and be 112 feet in depth. The westerly lot will be 87 feet wide on Linnet Street and 112 feet deep. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique, and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance . will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED , - that Daysman Morris , 2760 Yennecott Drive, Southold, New York, be GRANTED permission to divide property with insufficient area and width. Location of property : Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south by H. Wyche, PK Realty and Riverside Homes; west by J. Crenshaw. Vote of the Board: Ayes: Messrs : Gillispie , Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2530 - Upon application of Lim-Con Enterprises, 1455 Vets Highway, Hauppauge, New York, for a special excep- tion in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (2) (a) for permission to have a sign which exceeds the area and height requirements for ground signs . Location of property: Northeast corner of Factory Avenue and Main Road , Mattituck, ,New York, bounded on the north by Bethany Cemetery Association; east by Bethany Cemetery Association; south by Main Road (State Road 25) ; west by Factory Avenue and Ardprop, Inc. The Chairman opened the hearing by reading the application for a special exception to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a state- ment from the Town Clerk that notification by Certified Mail had been made to : Ardprop , Inc., and Bethany Cemetery Association. Fee paid: $15. 00 THE CHAIRMAN : This is a sign as stated in the application which is to be placed on the Main Street more or less in the center of the shopping center at the corner of Factory Avenue and Main Road with an entrance and exit to the shopping center on either side. The proposal is to create a sign which is 6 feet by 12 feet with a large letter on the top of it with a 5 foot by 2 foot wing on the top saying "MATTITUCK; " There will be another wing on the other side of the "M" which will be 5 feet by 2 feet and say "SHOPPING CENTER" . This would be perpendicular ls�UTUOLD TOWN BOARD OF APPEALS -41- April 12 , 1979 s erect a fence which exceeds the height regulations and in accordance wsth Article III, Section 100-32 for permission. to construct a tennis court in the front yard area. Location of property: pine Neck Road , Southold, New York, bounded on the north by Jockey Creek, Pulitzer , Conroy , Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer. 8 :05 P .M. (D .S .T . ) Upon application of Steve J. Doroski , North Road , Southold , New York, for a variance in accordance with the Zoning Ordin- ance, Article VIII , Section 100-81 and Bulk Parking Schedule for permis- sion to construct a farm building with insuffient front yard setback. Location of property: Ackerly Pond Lane , Southold, New York , bounded on the north by North Road (C . R. 27) ; east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. 8 :15 P .M. (D.S .T .) Upon application of Vincent M. Annabel , Stillwater Avenue , Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for per- miss.ion to divide property with insufficient area and width. Location of property: Stillwater Avenue, Cutchogue, New York, bounded on the north by Kiernana, E. Annabel and B. Annabel; east by Eugene' s Creek; south by Krukowski and others; west by Stillwater Avenue. 8 : 30 P .M. (D .S .T .) Upon application of Lee and Susan Courtenay, 47 Kings Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance; Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width. Location of property: Westview Drive , Mattituck, New York, bounded on the north by Westview Drive; east by Rdiff; south by Mattituck,Creek; west by Reeve. 8 :40 P.M. (D.S .T .) Upon application of Greenport Lumber Company, Inc . , 67480 Main Road, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article VIII , Section 100-80 B (16) for permission to use the yard for sale and storage of building materials. Location of property: Lot No . 156 Peconic Bay Estates , Greenport , New York . 8 : 55 P.M. (D .S .T . ) Upon application of Joseph Schcenstein , 165 The Short Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance , Article VI , Section 100-60 for permission to conduct a welding business in a "B" zone. Location of property: Pipes Neck Road , Greeeaport , New York, bounded on the north by Swanson and Abbot ; east by Keefee ; south by Pekunka and Dobek; west by Main Road . Vete ,o the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen , Tuthill and Douglass. The meeting was adjourned at 11 : 00 P.M. Respectfully submitted , 1 � � `` Dog��FOCk�o� o * Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516)7551809 APPEALS BOARD MEMBERS ROBERT W.GI LLISPIE,JR.,CHAIRMAN M I N U T E S CHARLES OR I G ON IS,JR. — — — — — — —. SERGE DOYEN,JR. Southold Town Board of Appeals TERRY TUTH ILL ROBERT J.DOUGLASS April 12 , 1979 A regular meeting of the Southold Town Board of Appeals was held at 7 :30 P.M. (E.S.T. ) , Thursday , Apxil 12 , 1979 , at the Town Hall, Main Road, Southold, New York. i There were present: Messrs : Robert W. Gillispie, Jr . , Chairman; Charles Grigonis, Jr. ; Serge Doyen, Jr. ; Terry Tuthill and Robert J. Douglass . There were also present: Mrs. Shirley Bachrach, League of Women' s Voters and Barbara SelV14i Suffolk Life. POSTPONED DECISION on Appeal No. 2515 of Richard L. and Lnis F . Woodhull , Main Road, Cutchogue, New York, for a variance in accordance with Section 280A of the Town Law for recognition of access . Location of property: Main Road, Mattituck, New York, bounded on the north by Long Island Railroad; east by Krukowski; south by Suter; west by Adel and Tuthill THE CHAIRMAN : We reserved decision on this application, I thinly , ABIGAIL WICRHAM: Yes. THE CHAIRMAN : We have discussed everything concerning this. Then Mrs . Suter went to Florida, is that right? ALMA SUTER: The Woodhull ' s were not here at the first hearing, and I was away for the second one. THE CHAIRMAN : In the interim, did you get any additional information? MRS . SUTER: I believe my lawyer has some. THE CHAIRMAN : The Woodhull ' s weren't here once before. MS . WICKHAM: I spoke to them this afternoon, and they plan to be TOWN OF SOUTHOLD, AEW YORK ➢?.TE .,;Kd'j...S.a_ 1573 ACTION OF THE ZONING a0`1RD OF Alp& .S Appeal Na 2531 Dated March 19, 1979 ACTION OF TAE ZONING BOARD OF APPEALS OF Tim TOWN OF SCI,rROLD To Day Small Morris - elppelLink 2760 Yennecott'-Drive Southold, New York 11971 at meeting of the Zoning Board of Appeals on April 12, 1979 the app of was consfd¢ed and the action indicated below was taken on your ( ) Request for varlance due to lack of access to property (. }Request for a special exception under the Zoning Ordinance (X).Bequest fee a variance to the.Zoning Ordinance 1. .SPECIAL EXCEPTION.By resolution of the Boarcl.it was determined that a special exception ( ) be wanted (: ) be deniedpuxeuaat to Article __.............Section ....._.......... Subsection porngr p' ...__..........I of the Zoning Ordinance end the decision of the Building Ls sprctor ( ) be xeverred ( ) be coatirmed because 8;25 P.M. (EI.S.T.) Upon application of Day-smart Morris, 2760 Yennecott Drive, Southold, New York, for a variance in accordance with the Zoning. Ordinance, Article III, Section 100-31 and Bulk Parkiny Schedule for permission to divide property with insufficient area and width. Location of property; Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field., south by H. Wyche, PK Realty, Riverside Homes; west by J. Crenshaw. 2. VARIANCE_By resolution of the Board it ryas determined that (a) Strict application of the Ordinance (would) (,eeWd-not) pmduce practical diffienities or unnecessary .hardship because - 'SEE REVERSE (b) The hardship created (is) (ia not) unique and (mould) (would not) he shared by ah properties alike in the immediate vicmlty of this property and in the some use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would my change the character of the district'oecause SEE REVERSE and therefore, it was further determined that the requested ✓erieme ( ) be vacated ( ) be der,:,,d and that the previous detdsioas of the Building Inspector ( ) be mnirrmed ( ) be reversed. 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ACTION OF THE ZONMG BOARD OF APPEALS Appeal No. 2531 Dated Marcie 19 , 1979 .ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF.SOUTHOLD To Daysman Morris Appellant 2760 Yennecott Drive Southold, New York 11971 at a meeting of the Zoning Board of Appeals on April 12 , 1979 the appeal was considered and the action indicated below was taken on your ( -) Request for variance due tolack,of access to property (- ) Request t for a special exception under the Zoning Ordinance (Y).Request for.a. variance to the Zoning Ordinance 1. SPECIAL EXCEPTION.,By resolution of the Board it was determined that a special exception ( ) be granted ( ). be denied pursuant to Article ......... Section .................... Subsection paragraph of the Zoning Ordinance and the decision of the Building Inspector < ) be reversed ( ) be confirmed because B -25 P .M. (E.S .T. ) Upon application of Daysman Morris, 2760 Yennecott Drive , Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, New York, bounded onthe north by Linnet Street; east by F. Field; south by H. Wyche, PK Realty, Riverside Homes ; west by S. Crenshaw. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would riot) produce practicat difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirt of tae Ordinance ann (would) (would rent) change the character of the district because SEE REVERSE After investigation and inspection the Board finds that the applicant requests permission to create two lots out of four existing . lots. The applicant ' s application will in fact decrease the density of Greenport , and will recognize the existence of a house on the easterly lot to be created and a house on the westerly lot. The easterly lot to be created will have 113 feet of frontage and 112 feet in depth. The westerly lot will be. 87 feet wide on Linnet Street and 112 feet deep. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created. is unique and would not be shared by all properties in the same use district; and the variance --:-ill not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr . Grictonis, it was RESOLVED, that Daysman Morris , 2760 Yennecott Drive, Southold, New York, be GRANTED permission to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south. by H. Wyche , PK Realty and Riverside Homes; west by J. Crenshaw. Vote of the Board: Ayes . Messrs: Gillispie , Grigor_is , Doyen, Tuthill and Douglass . s {tai „ids( O a i ;imjl.t py y e m 4y J .6S'ZII �E s, — n da h a z w v is o og� a a cot a at \ oM k ° v � L Q xe 2 J�1 p Z Z J u. a8 9a oa � OH OF r � Q N 00 mN n`s i zp� pO � m Q� �Q z 9oi LL° as r a0 z9 w O Vis , ca nog i O9 - w J K O Op `a o oma aw o� c) D- \ ^^ nn LJ-- �3-m � ZZzs 1L oN }zlll� I'LIlIw r SL� ��yp �ZlL k In tN t�l N O a W U a m �V uL+IIa v o y a 6S'ZTI ,, 1£,£So90g m �o y =, oo�� P rTl Vryj � ao fiorna.y+a n=�odo,d �F � ea o o�c8SZT}� O M Ao�hF_M Z g � o� wr 6.oio icor.SN o g N 0£,£So90N i � J a tt W�- n�n//m �- r `oR 3a ory o oN of � Q `V ~ CLQ lL z° Q/ L o0 c - Q �Q r 90 _n i ur LL w o „Jn u- I c) < c) u°y sa o 1Lf O1L�w w um �a� w oz I m w ¢ S X n l n -K- v 1 Ul O Jl Q 00 _ w w 11f� tsj i,ilil��,i w z m o a � 6S'ZfI ho • n J NO .56 m N` __-. .-_-_._-li\ d2 a N co m S �O�e� - ao5LE WL0 M�pl w Ow v.o = LL ry 2� xy IU ZZ�F W o ary °ar, uy sQ i o p r � 11JQ1Lfo �3Lo 0 0 m w a n�l X lf1 � v �D O�1 mi9 F O a w 0 :4ja ,te ylt�t d � r rz�� Hit z a _ 0 l {1J V 0 �n,T np ISE cl) m co Xa N O _Z Ov s IL1 nn///m F J'' 8 3a o off OL E aOLn � � �o• IV O �o om ry 1z w0 w NO `� OZZym �x 0� �ry °fin u� �Q z F J Lw p Ortl �� X£ V W R LQ4/! � 1t;.4�-J o Q'X U- w o o` e o • o o� � Q � U- >w LL o o sr a w E O a W U Wa a W =RlY 'ii} ii }sE !� i if} i}li;i des W Z i 11 1 }[i 'iii 6 Rr =g O o� -- -- _ _ •ss•zrr oao� T �,�ae.EsP9os o � ao�� w � � kn _ L 8 � .. ._anlP Pasodo�d O �y eo ° °�.SS•ZIf.� !!mo�o (( `I �y:�o�rot�� r-. o \ — Fi � � I 3u�G:LSO>ll+`l pro rio,.flans o u yr s Q Q l� u n w a l� V xa zz V14LO !.yO� Oe x d _F, r s*�> • � - ms w O C) <( X-' Ott =V .op F u, �� - � `n aG = sLL 'aa w0 w •q U ry �— O Q-. Q-m � rvQ zP mc'' Qzp ;ZZZZw �J ° �m ',� x Q a z� • 'IWI Ol�f0 o E <Z� � 1n/ �IL x N V V In O I Q -- WARNING:NO REPRESENTATION IS MADE 9T THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN LANGUAGE"). NB:THIS CONTRACT WAS COMPUTER GENERATED USING A NYSBAFoRM WITH MODIFICATIONS REFLECTED AS FOLLOWS: DELETIONS ARE INDICATED BY STRHRE e 'ER,ELLIPSIS OR"DELErE0';ADDITIONS APPEAR IN ITALIC TYPE. RESIDENTIAL CONTRACT OF SALE THIS IS A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, WE RECOIVLMEND ALL PARTIES TO THE CONTRACT CONSULT AN ATTORNEY BEFORE SIGNING. NOTE:FIRE AND CASUALTY LOSSES AND CONDEMNATION This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing.Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Contract of Sale made as of Segtensfrer ;2004 BETWEEN DAYSIYIANA. MORRIS&NANNIE P. MORRIS, as tenants by the entirety Address: 2760 Yennecott Drive,Southold,NY 11971 hereinafter called"Seller" and JOANNE MOSHER& CHARLES MOSHER Address: PO Box 1798, Southold,NY 11971 Social :,, ., .. ED. N06t. hereinafter called"Purchaser." The parties hereby agree as follows: 1. Premises.Seller shall sell and convey and Purchaser shall purchase the property,together with buildings an improvements thereon(collectively the"Premises"). and also known as: Street Address: 245 Brown Street,Greenport,NY VACANT LAND Tax Map Designation: 100048-3-24 Together with Seller's ownership and rights,if any,to land lying in the bed of any street or highway,opened or proposed,adjoining the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser,at Closing(as hereinafter defined), or thereafter,on demand,any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property. Deleted. 3. Purchase Price.The purchase price is $160,000.00 payable as follows: (a) on the signing of this contract,by Purchaser's good check payable to the Escrowee(as hereinafter defined), subject to collection,the receipt of which is hereby acknowledged,to be held in escrow pursuant to paragraph 6 of this contract(the"Downpayment"): $h6rBBB.90 (b) by allowance for the principal amount unpaid on the existing mortgage on the date hereof,payment of which Purchaser shall assume by joinder in the deed: $ -0- (c) by a purchase money note and mortgage from Purchaser to Seiler: $ -0- iHowever, d) balance at Closing in accordance with paragraph 7: s� �S5 %vim Existing Mortgage. Deleted, Purchase Money Mortgage. Deleted Downpayment in Escrow.(a)Seller'sartomey("Escrowee")shallholdthe Downpaymentm escrow in a segregated bank account at Suffolk County nal Bank, Main Road, Ciuchogue, NY entitled `Deborah Doty, Esq. Escrow Management Account'(4 61-001731-1) until Closing or sooner nation of this contract and shall pay over or apply theDownpayment in accordance with the terms of this paragraph. Escrowee shall hold the npayment in interest-bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon.If interest is not held for the benefit of the es,the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law.The Social Security or Federal Identification bers of the parties shall be furnished to Escrowee upon request.At Closing,the Downpayment shall be paid by Escrowee to Seller.If for any reason ing does not occur and either party gives Notice(as defined in 125)to Escrowee demanding payment of the Downpayment, Escrowee shall give pt Notice tO the other party of such demand.If Escrowee does not receive Notice of objection from such other party to the proposed payment within usiness days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment.IfEscrowee does receive such Notic e jection within such 10dayperiodorifforany other reason Fscrowee in good faith shall elect not to make such payment.Escrowee shall connnuc ld such amount until otherwise directed by Noticefrom thepartiesm thiscontractDra final, nonappeal able judgment,order or decree of acourtever,Escrowee shall have the right at anytime to deposit the Downpayment and the Interest thereon with the eterk of; court In the county in which NYSBA FORNI(1999; amended 9/25/00)-i)'lorris to Ntosher. I the Premises are located and shall give Notice of such deposit to Seller and Purchaser.Upon such deposit or other disbursement ir,accordance with the terms of this paragraph,Escrowee shall be relieved and discharged of all further obligations and responsibilities he-eunder. (b) The parties acknowledge that Escrowee is acting solely as a stakeholder at their request and for their convenience and that ES='vee sten[ not be liable to either parry for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or invul,ing gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally (with right of contribution)agree to defend(by attorneys selected by Escrowee),indemnify and hold Escrowee harmless from and against all costs,claims and expenses(including reasco a'ole 'attorneys' fees)incurred in connection with the performance of Escrowee's duties hereunder,except with respect to actions or omissions taken o,suffered by Escrowee in'uad to itn or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act or refrain from acting in respect of any matter referred to herein infutl reliance upon and with the advice ofcounse l which may be selected by it(Including any member of its firm)and shall be fully protected in so acting or refraining from acting upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowee's agreement to the provisions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escmwce is in possession of the Downpayment and continues to act as Escrowee. (f) The parry whose attorney is Escrowee shall be liable fur loss of the Downpayment. 7. Acceptable Funds.All money payable under this contract,unless otherwise specified,shall be paid by (a) Cash,but not over$1,000.00; (b) Good cerdfiedcheck ofPurehaser drawn on oroffrcial check issuedby any bank,savings bank,trustcompany of savings and loan association having a banking office in the State ofNew York,unendorsed and payable to the order of Seller,or as Seller may otherwise direct upon reasonable prior notice(by telephone or otherwise)to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$500.00;and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Notwithstandirng anything contained in theforrn Contract to the contrary,it is hereby agreed that the check(s)ofafimding company orprivate mortgage orfinancing company,or check(e)drawn on the account of any attorney representing any bank or fturding company,shall not be considered to be a bank or cashier's check and shall not be acceptable for payment unless said check is certified. It is further agreed that Seller shall not be required to accept any endorsed or third-party,checks. S. Mortgage Contingency. Deleted. 9. Permitted Exceptions.The Premises are sold and shall be conveyed subject to. (a) Zoning and subdivision laws and regulations,and landmark, historic or wetlands designation,provided that they are not violated by the existing buildings and improvements erected on the property or their use; (b) Consents for the erection of any structures on,under or above any streets on which the Premises abut, (c) Encroachments of stoops,areas,cellar steps,trim and comites,if any,upon any street or highway; (d) Real estate taxes that are a lien,but are not yet due and payable; and (e) The other matters,if any,including a survey exception,set forth in a Rider attached. U) Covenants,restrictions,easements and agreements, if any,contained in aleformer deeds or other inshuments of record, insofar as the same may now be in force or effect,provided same do not prohibit the construction of it private one Jamily dwelling, O Possible encroachment, including, but not limited to, the encroachment by a neighbor's structure southward of the northern line of the Premises which encroachment Purchaser shall accept(variations between other encroachments and record lines of not more than 2 inches shall be deemed not to render title unmarketable and Purchaser shall accept such variations.provided that the title company shall insure against same); (h) Rights, if any acquired by any utility company to maintain and operate lines,wires,cables,poles and distribution boxes in,over and upon said premises; (i) Any state offacts an accurate,survey may show provided that title isnot rendered unmarketable thereby(variations with record lines of more than 12 inches shall be deemed not to render title unmarketable and lau rchaser shall accept such variations, or that the tide cannp(iny n-hall insure against same). 10. Governmental Violations and Orders.i a) Seller shall comply with all notes or notices of violations A law or munic;pal ordnsanccs.orders„r requirements noted or issued as of the date hereof by any guvemmental departmern having authority, as m lands, lousing bulldungs, `irti. heclih, environmental and labor conditions affecting the Premises.The Premises shall be conveyed free of them at Closing_Seller.hall furnish Purchaser w.th any authorizations necessary to make the searches that could disclose these matters. (b) Deleted. 11. Seller's Representations.(a)Seller represents and warrants to Purchaser that. (i) The Premises abut or have a right of access to'a public road; (ii) Seller is the sole owner of the Premises and has the full right,power and authority to sell,convey and traitor the same 111 roeordance wnir the terms of this contract; (iii) Seller is not a"foreign person,"as that term is defined for purposes of the Foreign lnvestrnem to Real Propergr '1 as ACt, internal R_ever us Code("IRC") Section 1445,as amended, and the regulations promulgated thereunder (collectively 'FiRPT2k (iv) The Premises are not affected by any exemptions or abatements of taxes and (v) Seller has been known by no other name for the past ten years,except none. (b) Seller covenants and warrants that all of the representations and warranties at ton[ m thus contract shad ne trint ane r once n ( osmp. (e) Except as otherwise expressly set forth in this contract,none of Seller's covenants. representation,,,warrantiesor other bi manors rrarned in 'his contract shall survive Closing. 12. Condition of Property. Purchaser acknowledges and represents that pill.hare, io h r rr 11 it rhs „"„ rd <,n arrd, i nc r epee ,t rFc NySBA FORM(1998;amended 9/25;00)-Morris to Mosher Premises and of all property other included in tPRSsale,based on Purchaser's own inspection and investigation thereof,and that Purchaser is entering into this contracto ased solely upon such inspection and investigation and not upon any information,data,statements or representations,written or oral,as to the physical condition, or any other matter related to the Premises or the other property included in the sale, given or made by Seller or its representatives,and shall accept the same"as is"in their present condition and state-oftcpair,subject to reasonable use, wear, tear and reduction in the natural deterioration between the date hereof and the date of closing (except as otherwise set forth in paragraph 16(f)),without any purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract.Purchaser and its authorized representatives shall have the right,within 48 hours of Closing, at reasonable times and upon reasonable notice(by telephone or otherwise)to Seller,to inspect the Premises before Closing. 13. Insurable Title.Seller shall give and Purchaser shall accept such title as any reputable title company doing business in Suffolk County shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department,subject only to the matters provided for in this contract. 14. Closing,Deed and Title.(a)"Closing"means the settlement of the obligations of Seller and Purchaser to each other under this contract,including the payment of the purchase price to Seller,and the delivery to Purchaser of a bargain and sale deed with covenants against grantor's acts cited in proper statutory short form for record,duly executed and acknowledged,so as to convey to Purchaser fee simple title to the Premises,free of all encumbrances, except as otherwise herein stated.The deed shall contain a covenant by Seller as required by subd.S of Section 13 of the Lien Law. (b) If Seller is a corporation,it shall deliver to Purchaser at the time of Closing(i)a resolution of its Board of Directors authorizing the sale and delivery of the deed, and(ii) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place.Closing shall take place at the office of Deborah Doty,Esq.,670 West Creek Avenue,Cutchogue.ivy at 10:00 a.m,o'clock on or about 15 days after issuance ofa Building Permit,or,upon reasonable notice(by telephone or otherwise)by Purchaser,at the office of Purchaser's lending institution or attorney for Purchaser's lending institution in Suffolk County. In the event that the Closing shall take place other than in Suffolk County,there shall bean attendancefeepayable to Seller's attorney,DEBORAH DOTY,ESO., by the Purchaser asfollows:Nassau County-$150.00: Queens Couniy-$300.00:Bronx, Kings, Westchester or New York Counties-$450.00. 16. Conditions to Closing.This contract and Purchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy,as of the date of Closing, of the representations and warranties of Seller made in this contract. (b) Deleted. (c) The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign person,which certification shall be in the form then required by FIRPTA or a withholding certificate from the I.R.S.If Seller fails to deliver the aforesaid certificate or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10%thereof(or any lesser amount permitted by law)and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. (d) The delivery of the Premises and all bailding(T)—nd improvements comprising a part thereof urocoa�rconm?ie¢,vacant and free of leases or tenancies.. . . (e) Deleted. (f) Deleted. (g) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes.At Closing,certified or official bank checks payable to the order of the appropriate State,City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage,if any,shall be delivered by the panty required by law unity this contract to pay such transfer and/or recording tax,together with any required tax returns duly executed and sword to,and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing.The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing. 1.3. Apportionments and Other Adjustments;Water Meter and Installment Assessments. (a)To the extent applicable, the following shall be apportioned as of midnight of the day before the day of Closing: (i) taxes,watercharges and sewerrents,on the basis ofthe lien(1211-11130)fisealperiod for which assessed;(ii)ftr} (iii)mt�xisting mortgag ;(iv) ;(v)t5ttk Charges;(vi)rangg d ,ViMu Mllccte . (b) If Closing shall occur before a new tax rate is fixed,the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding lien fraezl period applied to the latest assessed valuation. (c) If there is a water meter on the Premises,Seller shall famish a reading to a date not more than 30 days before Closing and the unfixed meter charge and sewer rent,if any,shall be apportioned on the basis of such last reading. (d) If at the date of Closing the premises are affected by an assessment which is or may become payable in annual installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reasonable time following Closing.This subparagraph shall survive Closing, 19. Allowance for Unpaid Taxes,etc.Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes,assessments,water charges and sewer rents,together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. NYSBA FORM(1999;amended 9/25/00)-Morris to Mosher-3 20. Use of Purchase Price to Remove Encumbrances.If at Closing there are other liens or encumbrances that Seller is obligated to pay ordisuharge, Seller may use any portion of the cash balance of the purchase price to pay or discharge them,provided Seller shall simultaneously deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with the cost of recording or filing said I', As an alternative Seller may deposit sufficient moneys with the tido insurance company employed by Purchaser acceptable to and required by it to assure their discharge,but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out ia"he Premises and will insure Purchaser's Institutional Lender clear of such matters.Upon reasonable prior notice(bv telephone or otherwise),given Purchaser shall provide separate certified or official bank checks as requested to assist in clearing up these matters. 21. Title Examination;Seller's Inability to Convey; Limitations of Liability. (a)Purchaser shall order air exammmmit of title in respect of the Premises from a title company licensed or authorized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract is subject to a morrgage contingency set forth in paragraph S.after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be de Livered to the attorney(s) for Seller promptly after receipt thereof. (b)(i)If at the date of Closing Seller is unable to transfer title to Purchaser to accordance with this contract,or Purchaser has other valid grounds for refusing to close,whether by reason of liens,encumbrances or other objections to title or otherwise(herein collectively called"Defects"),other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remov e,remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price,then,except as hereinafter set forth,Seller shall have the right,at Seller's sole election,either to take such action as Seller may deem advisable to remove,remedy,discharge or comply with such Defects or to cancel this contract;(ii)if Seller elects to take action to remove,remedy or comply with such Defects,Seller shall be entitled from time to time,upon Notice to Purchaser,to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate(but not extending beyond the date upon which Purchaser's mortgage commitment,if any,shall expire),and the date for Closing shall be adjourned to a date specified by Seller not beyond such period.If for any reason whatsoever, Seller shall not have succeeded in removing,remedying or complying with such Defects at the expiration of such adjoumment(s),and if Purchaser shall still be unwilling to waive the same and to close title or abatement of the purchase price,then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date;(iii)notwithstanding the foregoing,the existing mortgage(unless this sate is subject to the same)and any matter created by Seller after the date hereof shall be released,discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms,other than as a result of Purchaser's default,this contract shall terminate and come to an end, andneitherparty shall have any further rights,obligations or liabilities against or to the other hereunder or otherwise,except that(i)Sellershall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and,unless cancelled as a result of Purchaser's default or pursuant to paragraph 8,to reimburse Purchaser for the net cost of examination of title,including any appropriate additional charges related thereto,and the net cost,if actually paid or incurred by Purchaser,for updating the existing survey of the Premises or of a new survey,and(ii)the obligations under paragraph 27 shalt survive the termination of this contract. (d) Notwithstanding theforegoing,Seller shall be deemed to have cured the Defects if Seller provides insurance omitting same issaied by a title company meeting the requirements of this contract. (e) Nothing herein shall be deemed to obligate Seller to undertake any actions or proceedings to cure Defects. 22. Affidavit as to Judgments,Bankruptcies, etc.If a title examination discloses judgments,bankruptcies or other returns against persons having names the same as or similar to that of Seller,Seller shall deliver an affidavit at Closing showing that they 'are not against Seller. 23. Defaults and Remedies.(a)If Purchaser defaults hereunder,Seller's sole remedy shall be to receive and retain the Downpayment as liquidated damages,it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty and Purchaser shall have no further claim to the dorwipgpment, and this contract shall be deemed terminated. (b) If Seller defaults hereunder,Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity,including,but not limited to,specific performance. 24. Purchaser's Lien.All money paid on account of this contract,and the reasonable expenses of examination of tide to the Premises and of any survey and survey inspection charges, are hereby made liens on the Premises,but such hens shall not continue after default by Purchaser under this coutract 25. Notices. Any notice or other communication("Notice")shall be in writing and either(a)sent by either of:he patties hereto orby'heir respective attorneys who are hereby authorized to do soon their behalf or by the I3scrowee,by registered or certified mail,postage prepaid, (b)delivered hr person or by overnight courier,with receipt acknowledged,to the respective addresses given in this contract for the party and the Escrowee,to whom the Notice, is to be given,or to such other address as such party or Escrowee shall hereafter des Igrate by Notice given to the other party of parties and the Escrowee pursuant to this paragraph, or(c) with respect to 17(b) or¶20,sent by fax to the parry's attorney Each Notice by fax shall be deemed given when transmission is confirmed by the sender's fax machine. A copy of each notice sent to a parry shall also he sent io t'he party's attorney. I lit patties attorneys for the parties are hereby authorized to give and receive on behalf of their clients all Notices and deliveries. Each Notice mail to shat l bcdeen'led given on the third business day following the date of mailing the same,except that any notice to Escrowee shall be deemed given only upon receipt Ui Escrowee and each Notice delivered in person or by ovemight courier shall be deemed given when delivered. 26. No Assignment.This contract may not be assigned by Purchaser without the cruor wmien ,,onser i rlSe!le, in each Instance anti any purported assignment(s) made without such consent shall be void. 29. Broker.Seller and Purchaser aach represents and wan ants':a the other Char It has not dealt wnh any scat estate nicker n cornecuoo witl,Llys s'e'c other than COLD WELL BANKER-M&D PROPERTIES(Briar Shelby)("Broker') and Sellershall pay Broker any commission cameo purl ani to a separate agreement between Seller and Broker. Seller and Purchaser shalt indemnify and defend each )(her .,-111"t .osis teims and xpevees. including reasonable atromeys' fees ansing out of:he breach on their-espc n,c pens of in,,, reprise anon u ser e .e it.: mauicd his p marau, The provisions of his ouragmph Shan.ur,rive Closing or,if Closing does n rt ,rear.rhe error anon I t •o rico NYSBA FORM(1998;amended 985100)-Ota tris m iYl osher-1 Miscellaneous.'a)All prior understanding,agreements,representations and warranties,oral or written,between Seller and Purchaser are merged con in this tract;it completely expresses their full agreement and has been entered into after full investigation,neither party relying upon any statement made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof may be waived,changed or cancelled except in writing.This contract shall also apply to and bind the heirs,distributees,legal representatives,successors and permitted assigns of the respective parties.The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender,whenever =° the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define,limit or describe the scope of this contract and shall 3 not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting requirements, if applicable.This subparagraph shall survive Closing. Each parry shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract.This subparagraph shall survive Closing as to those matters which are spec ied herein to survive Closing. a o (h) This contract is intended for the exclusive benefit of the parties hereto and,except as otherwise expressly provided herein,shall not be for va the benefit of,and shall not create any rights in,or be enforceable by, any other person or entity, h ro (i) If applicable,the complete and fully executed disclosure of information on lead-basedpaint and/or lead-based paint hazards is attached hereto o and made a part hereof. m 7. c � C N THE FOLLOWING PARAGRAPHS ARE ADDITIONS TO THE STANDARD CONTRACT OF SALE ASSET FORTH HEREINABOVE AND,AS SUCH,CONSTITUTER a o RIDER TO THE CONTRACT. 0 r � V. Departmental Approvals. This contract is contingent upon the Purchaser's obtaining,at the Purchaser's own cost and expense,within 90 days .o ,s from the date hereof,the following: ti (a) Approval from the Suffolk County Department of Health Services for location of sanitary systems for a single family residence; .� (b) Title search showing single and separate ownership of the property pursuant to Southold Town Code("Single&Separate Search");and T o (c) Building Permit from the Town of Southold. `c o The Single & Separate Search together with a survey of the Premises shall be delivered to Seller's attorney within 21 days of the date on which mPurchaser's attomey receives the fully executed contracts. Nothing herein shall obligate the Seller to incur any expense for a survey, to file any '0 3application with or to pay any fees to any agency or entity in connection with obtaining approvals and/or permits. Seller agrees,however,to execute sa c any consents required to obtain said approvals,permits,or survey. y m The Purchaser agrees to use due diligence in applying for,pursuing and obtaining the survey,approvals and permits. If the approvals and pertniIS s E are not issued within said 90 days,then either party may cancel this contract,whereupon the Seller shall,unless cancellation is a result of Purchaser's w default,refund the down payment. Upon cancellation,Purchaser agrees to deliver to Seller a fully executed assignment(s)of all applications,approvals c and/or permits. 2 In the event that,prior to Closing Date,the approvals and/o5 building permits are denied and the Purchaser shall be unwilling to waive same and x v to close title,then Purchaser shall give Notice to Seller within S,Vusiness days of Purchaser's receipt of said denial(s), If Purchaser fails to give Notice > ° of cancellation,then Purchaser shall be deemed to have waived Purchaser's right to cancel this Contract and to receive a refund of the down payment a4 by reason of the contingency contained in this paragraph. 30. Acceptance of Deed. Acceptance of a deed by the Purchaser shall be deemed to constitute full performance of every agreement and obligation ; of the Seller, and no agreement,representation or warranty by the Seller shall survive delivery of the deed unless such survival is specified in writing. A d 31. Social Security Numbers. All of the parties hereto represent that their respective social security numbers are accurately reflected on the Contract ar - o. of Sale and each acknowledges that the other parties hereto may rely upon the representation contained in this paragraph. � a v m a32. Dishonored Check. In the event that a check given as down payment is dishonored for any reason(except for Seller's faulty endorsement)by the I bank upon which it is drawn,unless Purchaser within 3 business days after receiving notice of said failure of collection,delivers to Seller's attorney an ` u � unendorsed certified or bank check in the amount of the down payment,Seller,in addition to any other rights or remedies it may have,may terminate o `o this Contract and Seller shall be relieved and released from all obligations hereunder,including,without limitation,for brokerage commissions. In the _ I event any check delivered at the Closing fails to clear upon deposit,Seller shall be entitled to reasonable attorneys'fees in any legal proceeding brought o v I in connection therewith. The provisions of this paragraph shall survive the delivery of the deed a y v 33. Litigation and Waiver. In the event of any legal proceeding or litigation between the parties hereto arising out of this Contract,each of[he parties 3 hereby waives the right to a trial by jury in such legal proceeding or litigation. o � .o 34. Time Periods. All time periods in this Contract shall be measured from the date when the Purchaser's attorney receives the fully-executed Contract. a m` : 35. Internal Revenue Service Form 1099-S. The Purchaser shall cause its attorney,lending institution or title company to duly file Internal Revenue o Service Form 1099-S. The Purchaser and the Seller shall deliver to Purchaser's attorney, lending institution or title company all information necessary M to prepare Form 1099-S. w v'o 36. Peconic Bay Region Community Preservatiou Fund. At the Closing,the Purchaser shall pay the Peconic Bay Region Community Preservation �? m Fund real estate transfer tax, if any. Purchaser further agrees to indemnify and to hold the Seller harmless from any claims arising therefrom. The provisions of this paragraph shall survive the delivery of the deed. 3 ° v z 37. Inconsistencies. In the event of any inconsistency between the printed portion of this Contract and this rider..the terms of this rider shall control. NYSBA FORM(1999; amended 9/25/00)-Morris to Mosher-5 IN WITNESS WHEREOF,this contract has been duty executed by the parties hereto. -r-1 / 1 r /� CHARLES MOSHER, Purchaser Attorney for Seller: Attorney for Purchaser: Deborah Doty, Esq. David Morris, Esq. Address: Address: 670 West Creek Avenue 93 Wheeler Road P.O. Box 1181 Central Islip, NY 11722 Cutchobue, NY 11935 631-734-6648; 734-7702 (FAX) 631-234-7234; 234-8754(FAX) Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the Provisions of paragraph 6 above_ DEBORAH DOTY. ESQ., as Escrowee �YSBA FOR>vl It998;arcended 4/15/001-i�lo tris m Nl ocher n • • µe Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 48 - 3 - 24 (Latney property = 7.1 ) The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board 0 Building Dept. ❑ Board of Trufstees-❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: Correction of oversight in connection with 1989 Planning Board application and determination. 0 Location of action: 245 Brown Street, Greenport (Ta}nay - 340 Iinnet (;treet) Site acreage: 0.13 (Latney = 0.225) Present land use: vacant residential (Latney = one family residential) Present zoning classification: R40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address:__ (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary • • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III —Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No E Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No E] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No❑ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No O Not Applicable 0 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III— Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No F�x Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Created on 5125105 11:20 AM i8,7.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed b A licant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Daysman A. Morris & Nannie P. Morris 3. PROJECT LOCATION: Municipality Greenport County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 245 Brown Street, Greenport (1000-48-3-24) Latney property: 390 Linnet Street, Greenport (1000-48-3-7.1 ) 5. PROPOSED ACTION IS: New [—] Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Correction of oversight in connection with 1989 Planning Board application and determination. 7. AMOUNT OS LAND AFFECTED: Initially .13 acres Ultimately 0.13 acres Latney property = 0.225 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes ® No If No,describe briefly but see ZBA determination dated 7/28/2005 granting variances under appl. #5737. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Q Residential E] Industrial E]Commercial Agriculture 0 Park/Forest/open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? 10 Yes F No If Yes,list agency(s)name and permitlapprovals: ZBA approval under appl. #5737; lot #24 is on SCDHS "exempt list" and contract vendees have obtained SCDHS approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 1.0 Yes M No If Yes,list agency(s)name and permit/approvals: see #10 above 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes DNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Deborah Doty, Esq. as attorney for applicant Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset PART If - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. ❑Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattem,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in Cl-05? Explain briefly: CT Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? ❑ Yes ❑ No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a)setting (i.e. urban or rural); (b)probability of occurring;(c)duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action VMLL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from response e p cer) Reset Town Of Southold / • P.O Box 1179 • G �°L I Southold, NY 11971 * * * RECEIPT * * * Date: 10/27/05 Receipt#: 3311 Transaction(s): Reference Subtotal 1 1 Application Fees 48-3-24 $1,000.00 Check#: 3311 Total Paid: $1,000.00 Name: Morris, Daysman & Nannie 2760 Yennecott Drive Southold, NY 11971 Clerk ID: LINDAC Internal ID:48-3-24 Town Of Southold ' • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 10/27/05 Receipt#: 3312 Transaction(s): Reference Subtotal 1 1 Application Fees 48-3-24 $500.00 Check#: 3312 Total Paid: $500.00 Name: Morris, Daysman & Nannie 2760 Yennecott Drive Southold, NY 11971 Clerk ID: LINDAC Internal ID:48-3-24 Final • • MAILING ADDRESS: PLANNING BOARD MEMBERS 1'1�O f sour P.O. Box 1179 JERILYN B.WOODHOUSE O� y0l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G 54375 State Route 25 MARTIN H. SIDOR ^a�� (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON �ly1,0U NSouthold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED 27 To: Elizabeth Neville, Town Clerk •hold Town Clerk From: Planning Department Date: October 26, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project --§C—TM Amount Check Type # # Morris, Daysman & Stand. Sub. 48-3-24 $1,000.00 3311 Nannie Prelim. Plat Appl. Fee $500.00 Final Plat 3312 Appl. Fee enc(s). ^ • . MAILING ADDRESS: PLANNING BOARD MEMBERS �pf so P.O. Box 1179 JERILYN B.WOODHOUSE O� �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS H 54375 State Route 25 MARTIN H. SIDOR (car. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �.yCOUY,M'� Southold, N n I 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: October 26, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM Amount Check Type # # Morris, Daysman & Stand. Sub. 48-3-24 $1,000.00 3311 Nannie Prelim, Plat Appl. Fee $500.00 Final Plat 3312 Appl. Fee enc(s). DAYSMAN MORRIS 50-791/214 3311 NAN MORRIS 10/19/2005 2760 YENNECOTT DR. DaTR SOUTHOLD, NY 11971 4 PAY TO THE Southold Town Clerk1000.00 ORDER OF $r.11000.00 One thousand and no/100---------- DOLLARS e North Fork Bank w.ao,l forkbank.cOR MEMO pre"lwim. plat approval on f�oort [-e:D 2 11,07 121:111 � 2 50211' 3 1 1 DAYSMAN MORRIS 50-791/214 3 312 NAN MORRIS 10/19/2005 2760 YENNECOTT DR. DATE SOUTHOLD, NY 11971 22 PAY TO THP Southold Town Clerk .DQQ�` 500.00 p ORDHR OP gFive hundred and no/100-------------------------- E DOLLARS E S•CP\\7� 6` 02'`4 Nort� Fork Bank w no orkbank.co M mo fina pla approva245 l on wP rows , Greenport -- =— --------------- 1:0 2 1409 1 21:11. 3226 ill 00175sll211' 3 1, 2 Town Of Southold S • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT Date: 08/23/05 Receipt#: 5447 Transaction(s): Reference Subtotal 1 1 Application Fees 48-3-24 $1,750.00 Check#: 5447 Total Paid: $1,750.00 __pU6 2 3 2005 Name: Morris, Daysman & Nannie 2760 Yennecott Drive Southold, NY 11971 Clerk ID: LINDAC Intemal ID:48-3-24 • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 JERILYN B.WOODHOUSE �� y0 Southold, NY 11971 Chair A0 lQ OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON liyCOU Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD MEMORANDUM AUG 2 3 2005 Southold Town Clerk To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 22, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM Amount Check Type # # Morris, Daysman & Stand. Sub. 48-3-24 $1,750.00 5447 Nannie Sketch Appl. Fee enc(s). • • MAILING ADDRESS: PLANNING BOARD MEMBERS DF S0 P.O. Box 1179 JERILYN B.WOODHOUSE O�� y� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 41 Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR �'� �� (cor. Main Rd. &Youngs Ave. GEORGE D.SOLOMON �yCOurm,�� Southold, NY N I 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 22, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM Amount Check Type # # Morris, Daysman & Stand. Sub. 48-3-24 $1,750.00 5447 Nannie Sketch Appl., Fee DEBORAH DOTY, ESO. THE SUFFOLK COUNTY 7 OFFICE ACCOUNT NATIONAL BANK ` P.O.BOX 1181 CUTCHOOUE,NY 11935 I CUTCHOGUE,NY 11935 50-546,214 8/3/2005 1 . PAY TO THE oM.S of Southold Town Clerk 1 **1,750.00 biie TjlouSazld 5euen!Hundred Fitly and 00/100* **************************�*** **•***"*** DOLLAR$ 8 m r� V a MEMO Morris,- S teh Plan Appl. Fee ., 0 . 1 ii' 15544711' 1:0 2 140 54641: 61 000867 Lill' 0 a Submission Without a Cover Letter Sender: —VC-lcl C'/(z1q14 C—,j . Subject: V" cvc-/C-/�5 I SCTM#: 1000 - 7— Date: l ( Comments: a � �T DEBORAH DOTY ATTORNEY AT LAw 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHocuE, NY 11935-0876 Fe 631-734-7702 631-734-6648 November 18, 2005 BY HAND Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Dear Mr. Trezza: With regard to the Board's November 8, 2005 resolution, enclosed please find my original undertaking with respect to including in the new deed to the above-referenced premises a statement regarding the garage encroachment at the northerly side of the property. Very truly yours, Deborah Doty Encl. DD:bdr cc: Daysman A. Morris & Nannie P. Morris UNDERTAKING RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) DEBORAH DOTY, an attorney admitted to practice in the courts of the State of New York, hereby undertakes to include in the new deed to the premises located at 245 Brown Street, Greenport, NY (SCTM #/ 1000-48-3-24) a statement reflecting the existence of the garage encroachment at the northerly side of the premises and to deliver to the Southold Planning Board a true copy of said deed after it has been recorded in the Office of the Suffolk County Clerk. DATED: Cutchogue, New York November 18, 2005 DEBORA TY / MAILING ADDRESS: 1 PLANNING BOARD MEMBER• P.O. Box 1179 JERILYN B. WOODHOLISE ����� so P.O.Southold, NY 11971 Chair 15� y OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex KENNETH L. EDWARDSG Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON �lif'COU ,� Southold, NY Telephone: 631 765-1935 Fait: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2005 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Proposed Standard Subdivision of Daysman Morris The property is located on the n/s/o Brown Street and the s/s/o Linnet Street, approximately 313 feet w/o 7th Street in Greenport. SCTM#1000-48-3-7.1 & 24 Zoning Districts: R-40 Dear Ms. Doty: The Southold Town Planning Board, at a meeting held on Monday, November 7, 2005, adopted the following resolutions: The public hearing was closed. WHEREAS, this proposal is to subdivide a 15,423 s.f. parcel into two lots where Lot 1 equals 9,794 s.f. and Lot 2 equals 5,629 s.f.; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted sketch approval on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and WHEREAS, applications and fees for preliminary and final plat approval were submitted to the Planning Board on October 20, 2005; and WHEREAS, at their work session on October 17, 2005, the Planning Board determined that the Health Department approval to construct a single-family residence on Lot 2 indicates that the County already considers this to be a single and separate parcel; be it therefore RESOLVED, that the Southold Town Planning Board finds that the Health Department approval for this project has been satisfied; and be it further Y Daysman Morris Page Two November 9, 2005 RESOLVED, that the Southold Town Planning Board grants Preliminary Plat Approval upon the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and be it further RESOLVED, that the Southold Town Planning Board finds that the final map is the same as the approved preliminary map and therefore waives the requirement for a final public hearing; and be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Approval upon the on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005, subject to the following conditions: 1. Submission of an undertaking indicating that the garage encroachment will be included in the new deed. A copy of the deed must be submitted to this office and approved by the Town Attorney. 2. Filing of the new deed with the Office of County Clerk and submission of one copy to the Planning Board. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. Upon fulfillment of the aforementioned conditions, the Chair of the Planning Board is authorized to endorse the final map. Very truly yours, i Jerilyn B. Woodhouse Chairperson PLANNING BOARD; TOWN OF SOUTHOLD ---------------------------------------------------------------------x IN THE MATTER OF THE APPLICATION OF AFFIDAVIT OF MAILING DAYSMAN and NANNIE P. MORRIS AND POSTING SCTM # 1000-48-3-24 & 1000-48-3-7.1 (Latney) ---------------------------------------------------------------------x STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) I, DEBORAH DOTY, residing at Cutchogue, NY, being duly sworn, depose and say that: 1. On the 3151 day of October, 2005, I personally mailed at the United States Post Office in Cutchogue, NY, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Notice to Adjacent Property Owners 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 (see Exhibit A attached hereto). 2. On the 31"day of October, 2005, I personally posted the properties known as 245 Brown Street, Greenport, NY (SCTM# 1000-48-3-24) and 807 Linnet Street, Greenport, NY(1000-48- 3-7.1; owned by Lori Latney) by placing the Town's official poster notices within ten (10) feet of the front property line facing the streets where it can be easily seen, and I have checked to be sure that the posters have remained in place at least seven (7) days prior to the date of the public hearing on November 7, 2005. DEBORA TY Sworn to before me this day of November, 2005 Civa� tary Public LINOA M.TONYES NaMrY public,S"of Now York No.4842888,SuAfolk Cour" Term Expires Ocaober 3,0 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-48-3-7.1 & 24 3. That the property which is the subject of this application is located in the Residential District, Zone R-40; 4. That the application is to subdivide a 15,423 s.f. parcel into two lots where Lot 1 equals 9,794 s.f. and Lot 2 equals 5,629 s.f. located on the north side of Brown Street and the south side of Linnet Street, approximately 313 feet west of 7th Street in Greenport; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 7, 2005 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Daysman A. & Nannie P. Morris Date: 10/18/05 0 EXHIBIT A 1000-48-2-34 David W. Mearns 816 Linnet Street Greenport, NY 11944 1000-48-2-36.1 John Dinizio, Jr. & Charles Manwaring PO Box 1802 Southold, NY 11971 1000-48-3-7.1 Lori Latney 807 Linnet Street Greenport, NY 11944 1000-48-3-7.2 Douglas Morris 725 Linnet Street Greenport, NY 11944 1000-48-3-23 Louis & Rita Williamson 710 Brown Street Greenport, NY 11944 1000-48-3-25.1 John Dinizio, Jr. 722 Brown Street Greenport, NY 11944 1000-48-3-42.5 Paul Dinizio & wf 637 Brown Street PO Box 591 Greenport, NY 11944 Er N : ru a a Ln 0 , o 0 ( o � rq Ln N ' llavid 'car's 0 81F Linnet S_rect 4i� Greenport, Nt 11944 a ut N 0John Dir izio, C3 'Charles Manwarinq Ir po Bcx 1802 Souttold, NY 11971 R 7 c Lori Latney 171 807 Linnet Street Greenport, NY 11944 u7 ru 0 a Douglas Morris N 725 Linnet Street ee pert NY 11944 I _ 1BI 0' f�:�I E '; it I;: 1N I� P , Isq f� i T f1V I(t F r fU S O . . .. r M1 Louis. & Rita Williamson 710 Brown Street rt NY , 11944 11 Rui �� .uz: � p yr r, C3 John Dinizio, Jr. ^" 722 Brown Street Greenport NY 11944 rq Lr) .. ru O .Paul. Qi-Iizio. & wf .. 171 91 , Drown Street,, PO BOX .$91 .. _. .....MN 637... N '�lmi nr �I"GPS"U 11' It IIS NYlli �11pV4 1•�pigi•I; TE THIS SECTION ON DELIVERY } ■ Complete items 1,2,and 3.Also complete P ■ Complete items 1,2,and 3.Also complete A. nature item 4 it Restricted Delivery is desired. item 4 if Restricted Delivery is tlesired. `� ❑Agent ■ Print your name and address on the reverse } ■ Print your name and address on the reverse X sw.r�- ❑Addressee so that we can return the card to you. E so that we can return the card to you. ■ Attach this card to the back of the mallpiece, ■ Attach this card to the back of the mailpiece. B. Received by(Printed Name) C. D e of/Delivery- or f elivery_or on the front if space permits. or on the front If space permits. 1`✓ 1. Article Addressed to: D 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,anter tleliveE didI essE ❑ No I RECEIVED V TELL•,1,J1 1 John Dinizio, Jr. & Charles Louis & Rita Williamson NOV - 3 200 Manwaring 710 Brown Street PO Box 1802 3. Greenport, NY 11944 3. Service Type i Southold, NY 11971 �I Certified Mail 13 Express Mail ❑Registered 0 Return Receipt for Merchandise n tnsurcd Mdi rn r n n COMPLETEII —11" M I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY :A ■ Ca plete items 1,2,and 3.Also complete A. .1 its 4 if Restricted Delivery is desired. ■ Complete items 1,2,and 3.Also complete A. Sign e ■ Pri t your name and address on the reverse item 4 if Restricted Delivery is desired. / 0 A Int so that we can return the card to you. ■ Print your name and address on the reverse X [� Q Addressee ■ Attach this card to the back of the mailpiece, - so that we can return the card to you, B. Received by( rin Name) C. at 'of Deery or on the front if space permits. ■ Attach this card to the back of the mailpiece, - P/ 1, Article Addressed to: or on the front if space permits. D. Is deliveryaddress different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No RECEIVED Lori Latney Paul Dinizio & wf 807 Linnet Street 637 Brown Street NOV - 3 2005 Greenport, NY 11944 3. P PO BOX 591 3. Service Type Greenport, NY 11944 0 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise SENDER: COMPLETE THIS SECTION • I]Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ■ omplete items 1,2,and 3.Also complete A. ` I m 4 if Restricted Delivery is desired. 2. Article Number ■ jint your name and address on the reverse X (transfer from service label 7004 2 510 0005 1702 ?256 s that we can return the card to you. g F ■ Attach this card to the back of the mailpiece, PS Form 3811,August 2001 Domestic Return Receipt 102595A2-M-1540 or on the front if space permits, D. Is delivery address different from item 1?'LYyes 1. Article Addressed to: If YES,enter delivery address below: ❑No RECEIVED Douglas [Morris NOV - 2 2005 7255 Linnet Street 3. Service Type Greenport, NY 11944 Aq Certified Mail 0 Express Mail 0 Registered 17 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7004 2510 0005 1702 7225 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 10/20/2005 17: 40 631-734-7702 DEBORAH DOTY 01 A DEBORAH DOTY Z ATTORNEY AT LAw ', 670 was. sx Avsr vF Bo - P.O.Box 1181 CUYCI-IOGUE,NY 11935-0876 PAX 631-734-7702 631.734-6648 FAX LETTER i DATE: October 20, 2005 OCT 2 1 2005 TO: Kieran M. Corcoran, Esq. FAX!/: 631-765-6639 FROM: Deborah Doty, Esq. RE: Days.man A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) TOTAL NUMBER O.F PAGES INCLUDING THIS PAGE_.L. if you do not receive all of the pages,please call this office as soon as possible. MESSAGE: Dear Kieran: The contract of sale with respect to the above-referenced premises states in relevant pats that the sale is subject to "Possible encroachment, including, but not limited to, the encroachment by a neighbor's structure southward of the northern line of the Premises which encroachment Purchaser shall accept . . . . The Planning Board has expressed concern that a subsequent purchaser of the property might be unaware of the encroachment by the garage belonging to the neighbor to the north of the property known as 245 Brown Street. The Board wishes that there be some form of recorded acknowledgment of the encroachment. In an effort to accommodate the Board's concern in the most expeditious and reasonable fashion, we propose that the following language be included in the deed to my clients' purchasers: "SUBJECT TO the encroachment of the garage from the premises adjacent to the north up to 1.1 feet south of the northerly record line-" I will provide my personal undertaking to insure that the foregoing is included in dT.e deed. The Planning Board requested that you review this proposal and confirm that it is acceptable. At your earliest convenience, please advise. Thank you. IM OA AN :TNF,INFORMATIONCONTAINSDINTAIS FACSIMIT,11TRANSMISSION TSRSFNGEENTRY A LAWOFFICEAND MAY CONTAIN INFORMATIONWRICH IS F,. LEGEDAND/ORCONFWXNfAL.T/IDINFORMATIONISIWF.NDP.n ONLYFORTTIEIIRROPTREINDTVIDVALORCOMrANYNAMEDADOVR-IFYOUARD NOT THE INTENDED RECIPIENT OR AN EMPLOYEE OR AGENT RESPONSIDLP.FOR DELIVERING THIS FACSIMILE TO THE INTRNDRD RECIPIENT,PLEASE RD ADVISED THAT ANY UNAUTHORIZED DIRCRMINATION,DISTRIMITIOY,DISCLOSURE OR COPYING OF TRIS COMMINICAITON IS PROHIRITED AND MAY nR PI INISHADLE UN-DER APPLICARLE LAWS. #7604 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 27th day of October 2005 �P/rincipal Clerk Sworn to before me this CT�J day of � _J 1_l�_ _h_ 2005 \ LEGAL N9I1" If , �/,DL K_a/v NOTICE OF)UEARBVG �/ NOTICE IS HERESY GIVEN that, CHRISTINA VOLINSKI pursuant to Section 276 of the Town NOTARY PUBLIC-STATE OF NEW YORK Law,a public hearing will be held by the No. 01-V06105050 Southold Town Planning Board,at the Town Hall,Main Road,Southold,New Qualified In Suffolk County York on the 70 day of Nevember 2005 Commission Expires February 28, 2008 on the question of the following: 6:tle F� Proposed subdivision for Daysasa11 t Na1111ie Mm*located on the n/Vo Brown Street 8114 the s/s/o Linnet Street, approximately 313 feet w/o 7th Street in Greenport,Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 100048-3-24&7.1 Dated:10/25/05 BY ORDER OF THE SOLITHOLD TOWN PLANNING BOARD Jerilyn B.Woodhouse Chairperson 7604-1T 10/27 • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O��QF SO(/ryO Southold, NY 11971 Chair o OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G 54375 State Route 25 MARTIN H.SIDOR %� �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMONCoum Southold, NY n'1 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 7th day of November, 2005 on the question of the following: 6:00 p.m. Proposed subdivision for Daysman & Nannie Morris, located on the n/s/o Brown Street and the s/s/o Linnet Street, approximately 313 feet w/o 7th Street in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-48-3-24 & 7.1 Dated: 10/25/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, OCTOBER 27, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Times Review • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soul P.O. Box 1179 JERILYN B.WOODHOUSE O�� yO� Southold, NY 11971 Chair h y OFFICE LOCATION: WILLIAM J.CREMERS 7' Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 MARTIN H. SIDOR ��Q` (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON COU N('I, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 7th day of November, 2005 on the question of the following: 6:00 p.m. Proposed subdivision for Daysman & Nannie Morris, located on the n/s/o Brown Street and the s/s/o Linnet Street, approximately 313 feet w/o 7th Street in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-48-3-24 & 7.1 Dated: 10/25/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 25th day of October, 2005 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 11/7/05 Regular Meeting: 6:00 p.m. Public Hearing for the proposed subdivision of Daysman A. & Nannie P. Morris — SCTM #'s 1000-48-3-7.1 & 24 Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this day of oC�ber, 2005. Nota ublic MELANIE DOROSIO NOTARY PUBLIC,State of New brk No. OID04634870 Qualified in Suffolk County Commission Expires September 30, DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 Fnx 631-734-7702 631-734-6648 October 20, 2005 BY HAND Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road Southold, NY 11971 ) RE: Daysman A. Morris & Nannie P. Morris nil/ 245 Brown Street, Greenport, NY (SCTM N 1000-48-3-24) dull- Dear Mr. Trezza: C f, o Enclosed please find the following the application for final plat approval and my clients' check payable to the Southold Town Clerk in the amount of$500.00 for the application fee. The enclosed should complete the submissions required to proceed to obtain final approval. Once again, my clients and I appreciate your efforts in expediting this matter. Very truly yours, Deborah Doty Encls. DD:bdr cc: Daysman A. Morris & Nannie P. Morris DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 FAx 631-734-7702 631-734-6648 October 20, 2005 BY HAND Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road ^4 2 0 Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Dear Mr. Trezza: m Enclosed please find the following the application for prelimma oval and my clients' check payable to the Southold Town Clerk in the amount 1,000.00 for e application fee. - — Inasmuch as the Health Department approval previously was submitted, the enclosed should complete the submissions required to proceed to obtain preliminary approval. As we have discussed, my clients and I appreciate your efforts in expediting this matter. Very truly yours, Deborah Doty Encls. DD:bdr cc: Daysman A. Morris & Nannie P. Morris 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S0 p P.O. Box 1179 JERILYN B.WOODHOUSE �Q� '10� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMONMU'M'� Southold, NY f11' Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Proposed Standard Subdivision of Daysman Morris The property is located on the north side of Brown Street and the south side of Linnet Street, approximately 313 feet west of 7th Street in Greenport. SCTM#1000-48-3-7.1 & 24 Zoning Districts: R-40 Dear Ms. Doty: The Southold Town Planning Board, at a meeting held on Monday, October 17, 2005, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 15,423 s.f. parcel into two lots where Lot 1 equals 9,794 s.f. and Lot 2 equals 5,629 s.f.; and WHEREAS, on May 12, 2005, the Zoning Board of Appeals determined that the subject properties were ineligible for a waiver of merger; and WHEREAS, as a result of the aforementioned determination, the subject properties can only be separated through the subdivision of land pursuant to Chapter A106 of the Southold Town Code; and WHEREAS, this subdivision requires lot area and setback relief in order for the Planning Board to approve the application as proposed; and WHEREAS, the Town of Southold Zoning Board of Appeals granted the necessary relief for the proposed action on July 21, 2005; and WHEREAS, an application for sketch plan approval was submitted to the Southold Town Planning Board on August 12, 2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as Morris Daysman Page Two October 18, 2005 lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board grant sketch approval on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005, subject to the following conditions: 1. Submission of the application for preliminary plat approval and fee in the amount of$1,000. 2. Submission of Health Department approval for the proposed action; and be it further RESOLVED, that the Southold Town Planning Board set Monday, November 7, 2005, at 6:00 p.m. for a preliminary public hearing on the map prepared by John C. Ehlers, Land Surveyor dated September 23, 2005. Enclosed is a copy of the Negative Declaration for your records. This approval is valid for six (6) months from the date of the resolution unless and extension of time is requested by the applicant and approved by the Planning Board. Very truly yours, I Will5;� iam Cremers Vice Chairman enc. • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O���F �OVly4l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR �� (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMONCOU,M N Southold, NY X11, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 17, 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Standard Subdivision of Daysman Morris SCTM#: 1000-48-3-7.1 & 24 Location: The property is located on the north side of Brown Street and the south side of Linnet Street, approximately 313 feet west of 7th Street in Greenport. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 15,423 s.f. parcel into two lots where Lot 1 equals 9,794 s.f. and Lot 2 equals 5,629 s.f. Lot area and setback relief was granted by the Zoning Board of Appeals on July 21, 2005. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Daysman Morris Negative Declaration Page Two The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; no substantial increase in solid waste production, potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; no substantial interference with the movement of any resident or migratory fish or wildlife species; no significant impacts on a significant habitat area; no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Elizabeth Neville, Town Clerk Applicant Suffolk County Department of Health Services Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-48-3-7.1 & 24 3. That the property which is the subject of this application is located in the Residential District, Zone R-40; 4. That the application is to subdivide a 15,423 s.f. parcel into two lots where Lot 1 equals 9,794 s.f. and Lot 2 equals 5,629 s.f. located on the north side of Brown Street and the south side of Linnet Street, approximately 313 feet west of 7th Street in Greenport; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2°d FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 7, 2005 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Daysman A. & Nannie P. Morris Date: 10/18/05 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/14/05 Re: Proposed Standard Subdivision: Daysman A. & Nannie P. Morris SCTM#s: 100048-3-7.1 & 24 Date of Hearing: Monday, November 7, 2005, 6:00 p.m. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. [HISTORY. Adopted by the Town Board of the Town of Southold 12-27.1995 as L.L. No. 25-1995. Amendments noted where applicable.] §58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 1-25-96 �- :50�� ELIZABETH NEVILLE • own Hall, 53095 Main Road /'l t TOWN CLERK sueeatr PO Box 1179 °O Southold,NY 11971 REGISTRAR OF VITAL STATISTICS = Fax(631) 765-6145 MARRIAGE OFFICER Telephone: (631)765-1800 RECORDS MANAGEMENT OFFICER � F �aor southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-609 Meeting: 09/27/05 07:30 PM Resolution ID: 1183 A Department: Town Attorney Category: Refund THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-609 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and adopts the recommendations of the Planning Board and the Zoning Board of Appeals, finding that due to unique circumstances relating to the history of the real property owned by Daysman and Nannie Morris, and the Town approvals granted and required, a Park and Recreation fee shall not be required in connection with their Planning Board application and a$150 refund of fees paid to the Zoning Board of Appeals is warranted. 2100�& Elizabeth A.Neville Southold Town Clerk DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. BOX 1181 CUTCHocUE, NY 11935-0876 FAx 631-734-7702 631-734-6648 October 5, 2005 BY HAND Anthony Trezza Southold Planning Department Town Hall Annex r 54375 Main Road Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Dear Mr. Trezza: Enclosed please find a copy of the survey of the subject premises bearing the approval of the Suffolk County Department of Health Services dated January 12, 2005. Thank you. Very truly yours, Deborah Doty Encl. DD:bdr cc: Daysman A. Morris & Nannie P. Morris SURVEY OF LOT 18 "PLAN OF PROPERTY AT GREENPORT, SUFFOLK GO, N.Y. C i KNOWN A5 GREENPORT DRIVING PARK FILED DECEMBER I, 1909 FILE No. 369 S SITUATE- GREENPORT TOWN: 5OUTHOLD SUFFOLK COUNTY, NY Dwalllnnqq I'ubllc Worer SURVEYED 10-26-2004 awonlnq AMENDED II-29-2004 R:t'llc Wafer SUFFOLK COUNTY TAX u Lot 65 I I 1000-48-3-24 Lot (04 op I Lot 63 S8204 '2011 el la, deck GAR r—... 1 :V1L v I 9 all IT 4 02 Lob 18 I --------------- Lot -- -Lot 16 proposed I Te5t Hole Owellinq ry 2 Stor11 well< 0' House? 0 McDonald Geo5cience Worer 11/12/2004 / Lot ?p Dark brown __ public kbqr Loam - OL 26' I 14' Wafer Brown silt - ML 0y y3 i 0 I i Oh � B test o..w hole Brown Fine to coarse m v M sand With 20-30% '^ gravel - 51/`1 z �, �3 4 Q R 51 y 0 0 J m1n ° C Gd s to Q Pale brown Fine IR ° m tLi medium sand - 5P E3 5 -------------- II.I el. NS2044'3o"wS0.00' el. la' sso.00 Water in pale brown —� fine to medium sand - 5P el.Brown 10' e1. 10' 17 ��elllnnqq fifer i NOTES: • MONUMENT FOUND ry-" SETBACKS ARE BASED UPON ZONING LAW5 PERTAININGbi•. .. TO NON-GONFORMIN6 LOT SIZES LOT EXISTS ENTIRELY IN FLOOD ZONE X PERS FIRM MAP NO.36103COI16 6 MAY 4, 199815"Ewa,""M 1 _% ,� rn eeWue mm eynw. PUBLIC WATER IN STREET �'� / „� ' "'� �io`�:e...e„� ^• ELEVATIONS REFERENCE SUFFOLK COUNTY TOPO MAPS AREA = 5,629 SF OR 0.13 ACRES JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC.NO. 50202 GRAPHIC SCALE I"= 20' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\04-308.pro j 6 DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHocUE, NY 11935-0876 FAx 631-734-7702 631-734-6648 September 27, 2005 BY HAND Members of the Southold Planning Board Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Sketch Plan Application Dear Members of the Board: As requested by the Board, enclosed please find five original prints of the map of the above-referenced premises as well as tax lot #7.1 to the north. Thank you for your consideration. Respectfully submitted, Deborah Doty cc: Daysman A. Morris & Nannie P. Morris Encls. DD:bdr SEP 2 7 2305 • • MAILING ADDRESS: PLANNING BOARD MEMBERS pOF soon P.O. Box 1179 JERILYN B.WOODHOUSE O�r �Ol Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR IRS (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON IiYCQU'M'� Southold, NY n 1, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Joshua Y. Horton, Supervisor Members of the Town Board From: Jerilyn Woodhouse, Planning Board Chair Members of the Planning Board Date: August 29, 2005 Re: Refund and Waiver of Fee Request of Daysman and Nannie Morris In response to the Town Board's request for comments regarding the above-referenced request for a waiver of fees, the Planning Board offers the following comments and recommendations: 1. The Planning Board application fees for this project are $3,250. The applicant has already paid $1,750 in connection with the sketch application. The Planning Board recommends that the applicant be required to pay all of the remaining application fees when applications for preliminary and final approval are submitted. It is also recommended that the fees already paid in connection with the subdivision application should not be refunded. 2. Prior to obtaining final Planning Board approval, the applicant will be required to pay a Park and Playground Fee of$7,000. This will bring the total fees to $10,250, which includes the above-mentioned application fees. Given the low impact of the proposed project, the high cost to obtain the necessary approvals and the lack of any significant density increase, the Planning Board recommends waiving the $7,000 Park and Playground Fee for this application. If the Town Board has any questions or required additional information, please o��pF SOUr�ol ELIZABETH A. NEVILLE , , O Town Hall, 53095 Main Road TOWN CLERK T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS v' �kc Southold, New York 11971 MARRIAGE OFFICER 'f` �O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICERl Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER yC�UI�',+� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Planning Board(/ I i ! Southold Town Zoning Board of Appeals U AUG 1 9 20 5 'L From: Linda J. Cooper, Deputy Town Clerk s A Dated: August 18, 2005 Re: Refund and Waiver of Fee Request of Daysman and Nannie Morris A request has been made to the Town Board for a refund for fees paid and a request to waive future anticipated fees to the Planning Board and Zoning Board of Appeals. Please advise, in writing,what amount, if any, of the fees submitted should be refunded and if any fees may be waived. Thank you. Thank you DEBORAH DOTY ATTORNEY AT LAW RECEIVED 670 WEST CREEK AVENUE P.O. Box 1181 AUG 1 1 2005 CUTCHocuE, NY 11935-0876 FAx 631-734-7702 631-734-6648 Southold Town Clerk August 11, 2005 BY HAND Supervisor Joshua Y. Horton & Members of the Town Board Southold Town Hall 53095 Main Road Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) (a/k/a lot #18 on 1909 Map of Greenport Driving Park and hereinafter "#18") Dear Supervisor Horton & Members of the Board: I represent Daysman A. Morris & Nannie P. Morris who own the above-referenced parcel. Mr. & Mrs. Morris request that the Board refund the fees paid to the Town with respect to the 2005 applications to the Planning Board and the Board of Appeals and to waive payment of additional fees in connection with the recognition of a lot line which appeared of record for more than 95 years. Mr. & Mrs. Morris purchased the subject property (along with four parcels to the north on Linnet Street) in 1953. From 1953 to date, they received a single tax bill for lot#18. Indeed, until this year, the Town and various of its departments apparently believed that lot #18 was a separate lot.' Although Mr. Morris was born, raised, established and ran his own business, and is now retired in the Town of Southold, he was and is not versed in the intricacies of the Southold Town Code. The only information he received from the Town regarding lot #18 was the semiannual real property tax bill issued for the parcel. In 1979 and 1989, Mr. & Mrs. Morris worked with Town Boards and Departments in order to create two larger lots out of the four smaller lots on Linnet Street. They were not represented by an attorney in either proceeding. Not one of the Town employees or appointees (whose knowledge of the Code and zoning was superior to that of Mr. & Mrs. Morris) ever incorporated lot #18 in a decision. For example, in connection with a 1979 area variance application for the Linnet Street lots to the north, evidence demonstrates that the ZBA considered lot#18 to be a separate parcel see e.g., lot #18 was noted as being south of the subject parcels; hearing minutes and ZBA determination reflect that two lots were being created out of four (not five) lots). The Planning Board's 1989 determination did not even mention lot#18. DEBORAH DOTY(CONTINUr� . u Supervisor Joshua Y. Horton & Members of the Town Board August 11, 2005 Page 2 Indeed, the weight of the evidence reflects that, in 1979, 1989 and at all other times, the Town considered lot #18 to be a separate taxable building lot. Believing that it was an independent lot, Mr. & Mrs. Morris entered into a contract to sell the parcel to Joanne Mosher and Charles Mosher, who currently rent in Southold. The parcel is ideal for construction of an affordable modular home, which is exactly what the purchasers intend to build. It was not until the Town's issuance of a Notice of Disapproval in January 2005 (almost 52 years after the lot's purchase) that the Town asserted that lot #18 was not a separate lot. After application for and denial of a Waiver of Merger, Mr. & Mrs. Morris decided to seek Town recognition of the 1909 dividing line between lot #18 and lot #64 (now part of tax lot #7.1 which was sold to Lori Latney in 1990). Variances were obtained from the ZBA in July 2005. An application is pending before the Planning Board. Enclosed, for the Board's reference, are copies of the survey of lot #18 and of the Addendum to the Planning Board application with submissions. The Addendum provides additional detail with respect to the history of the parcel. In effort to expedite the sale, Mr. & Mrs. Morris made applications to the ZBA and Planning Board and paid fees seeking to correct what appears to be an oversight that has existed since 1979. They already have paid $2,535.00 in fees to the Town and will have to pay an additional $8,500.00 to obtain final approval. (A statement of fees is enclosed for the Board's convenience.) Mailing costs and legal fees also have been incurred by Mr. & Mrs. Morris. In light of the history of this matter, Daysman A. Morris and Nannie P. Morris respectfully request that the Board approve the refund of fees already paid and the waiver of the fees still to be paid in connection with Mr. & Mrs. Morris' efforts to obtain the Town's approval of a property line which first appeared on the 1909 filed map. Thank you for your consideration of this matter. Respectfully submitted, 0 Deborah Doty Encls. DD:bdr cc: Daysman A. Morris & Nannie P. Morris (w/o Addendum) Southold Board of Appeals (w/o Addendum) Southold Planning Board (w/o Addendum) DEBORAH DOTY(CONTINUED* • Supervisor Joshua Y. Horton & Members of the Town Board August 11, 2005 Page 3 Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport. NY (SCTM # 1000-48-3-24) FEES PAID: 1. Waiver of Mereer 2/14/2005 Southold Town Clerk for fee for Waiver of Merger 150.00 2. Variances 5/25/2005 Southold Town Clerk for fee for Notice of Disapproval from Building Department 35.00 6/6/2005 Southold Town Clerk for fee for filing of Application to ZBA for area variances 600.00 2. "Subdivision" 8/3/2005 Southold Town Clerk for Sketch Plan Application fee in connection with submission to Planning Board 1,750.00 FEES PAID (as of 8/11/2005) 2,535.00 PLANNING BOARD FEES TO BE PAID: Preliminary Application fee 1,000.00 Final Application fee 500.00 Park & Playground fee 7,000.00 FEES TO BE PAID 8.500.00 TOTAL FEES TO SOUTHOLD TOWN: $11,035.00 REDUCED FROM 11 x17 SAVE--r'' OFWT 18 °PLAN OF PROPERTY AT N 5REENPORT, SUFFOLK GO, N.Y. KNOWN AS SREENPORT DRIVING PARKII FILED DECEMBER I,1909 FILE No.369 S 51TUATE: OREENPI TOWN: SOUTHOLD SUFFOLK COUNTY, NY I O SURVEYED 10-26-2009 Mre r , AMENDED II-29-?DO4 ^brk�'y"f„ SUFFOLK COUNTY TAX 1000-4B-3-29 Lot 65 I 0�- ;� I Lot bq Cl Lof 60, I - - - S82°4 '20"g s0. 00a In -- m N ^ Lot Ib N _N L o ot 16 Pr TESL HOIe os"�j MCDO 112 2004 Errce HbOc it[e 0• ry MOy:y 1112/ U04 IS Lot �p Dark 6- Loomr-0- oL --- .-- ae°r"k"Ir„a &'own silt - 11L 0 I T I ° M1id w - v Bco qr.r fire l0 cOOrSC e y (•rj b zona with 20-30% m ra�al -SW `rT L a d 5 rn Pale a-owm Fm. to Ill W mZium soma-SP .`10 N82 3so. " q� 111 °a4r so wso.00' a 1 oo' I water m pole trowm lime to medium 5d,d -SP a--,m, sl.b �lIl�IDwFH Street NOTES. MONUMEI17 FOUND SETBACKS ARE BASED WON ZONING LAWS PERTAINING TO BAN KS ARE BASED LOT SIZES LOT EXISTS ENTIRELY IN FLOOD ZONE X PER FIRM MAP NO36103COI16 6 MAY 4, 199& _�•^`-' "�- PUBLIC WATER IN STREET ELEVATIONS REFERENCE SUFFOLK COUNTT TOPO MAP5 _ AREA = 5b29 SF OR 0.15 ACRES JOHN C. EHLERS LAND SURVEYOR 6 EAST MAW STREET N.Y.S.UC.NO.50202 6RAFWG 5GALE I'= 20' RIVERHEAD,N.Y.11901 —1 369-369-82BB Fu 369-8287 REF\\Fip server\d\PROST0 308.pU, A. GTORY The subject parcel was created as lot#18 on the Map of Greenport Driving Park, filed 12/11/1909, Map No. 369. Daysman A. Morris and Nannie P. Morris purchased lot#18 together with lots#61, 62, 63 and 64 by deed dated August 7, 1953. Lots #18 and 64 were conveyed as "Parcel No. One" and lots#61, 62 and 63 were conveyed as "Parcel No. Two." According to a copy of the Suffolk County Tax Map available in Southold Board of Appeals ("ZBA")file#2531, lot #64 was known as tax lot#6, lots#61-63 were known as tax lot#7, and lot#18 was known as tax lot #24. 1. 1979 ZBA Variance(#2531) The Town issued a Notice of Disapproval dated March 15, 1979 of application to divide lots #61, 62, 63 and 64(that is, tax lots#6 and 7)on the grounds of insufficient area and width. The Notice reflects that the subject parcels are bordered on the south by, among others, tax lot#18 (a/k/a #24). Application was made to the ZBA for permission to divide property with insufficient area and width. Page 18 of the transcript of the April 12, 1979 hearing on the application reflects the applicant wanted to divide four lots into two lots and three(not five)tax bills were issued by the Town. The file contains a copy of a survey dated April 9, 1979 of tax lots#6, 7, and 24 (hereinafter "#18"). Lot#18 is shown as being part of tax lot#64 and p/o 63.' The total depth of the westerly side of the depicted western lot is in excess of 225+ feet. A notation in the lower right corner of the survey reflects that the map was "rec"d" on 4/12/79. In granting the variance, the Board found that "the applicant requests permission to create two lots out of four existing lots" (emphasis added). It further found that the depth of the westerly lot will be 112 feet(rather than 225 feet on one side and 112 feet on the other). It appears that lot#18 was not included in the 1979 determination. A copy of the ZBA's file made available to applicants is submitted herewith. 2. 1989 Planning Board Lot Line Change By application dated March 15, 1989, Mr. Morris requested a lot line change in connection with lots#61, 62, 63 and 64. Mr. Morris was attempting to create two lots of approximately equal the size so that he could divide the property between his two children. Mr. Morris asked that the line between lots#62 and 63 be moved to the west in order to create the following two lots: (1)lot#64 and part of 63 to form a parcel of 9,793 square feet now known as SCTM# 100048-3-7.1 (hereinafter "lot#7.1"), and(2)lots#61, 62 and part of 63 to form a parcel of 12,723 square feet now known as SCTM# 1000-48-3-7.2(hereinafter "lot#7.2"). The 1989 survey shows a house on the western lot and a house and garage on the eastern lot. Without reference to lot*18, the Planning Board approved the lot line change by resolution dated April 18, 1989. A copy of the Planning Board's file made available to applicants is submitted herewith. 3. Transfers of#7.1 & 7.2 Pre-existing Certificate of Occupancy#Z-18170 dated 7/6/89 was issued for a one family dwelling with accessory 3 car cement block garage on lot#7.1. By deed dated September 10, 1990, the westerly lot(#7.1) was conveyed to the Morris' daughter Lori Latney and her husband for $95,000. By deed dated July 7, 1999, the easterly lot(#7.2)was conveyed to the Morris' son Douglas A. Morris for$70,000. After those conveyances, Daysman A. Morris and Nannie P. Morris owned only vacant lot#18. t The accessory garage is shown on the 1979 survey as being centered at the approximate mid-point between Linnet Street and Brown Street. The 2004 survey reflects that the garage encroachment onto lot#I8 is between 1.0 and 1.1 feet. The garage has not been moved. It is suggested,therefore,that the location of the garage on the 1979 survey is not correct. Minns-ADDENDUM W PIAN G110 n AeeucAnory 1 4. 1, Ana Sale of#18 By contract dated October 19, 2004, Daysman A. Morris and Nannie P. Morris agreed to sell lot#18 to Joanne Mosher and Charles Mosher for$160,000 "all cash." The sale is contingent upon both a title search showing single and separate ownership of the property pursuant to Southold Town Code and the issuance of a Building Permit from the Town of Southold. A true copy of the contract is submitted herewith. 5. 2005 Application for Waiver of Merger Southold Town Building Department issued a Notice of Disapproval, dated January 19, 2005, on the grounds that lots#18 and#7.1 merged pursuant to Article 11 §100-25. On February 14, 2005, application was made to the ZBA for a Waiver of Merger. By determination trade at its May 12, 2005 meeting, the ZBA resolved that "this 50 ft. by 112.5 ft. area of land [lot#181 is not eligible for a Lot Waiver under Section 100-26." 6. 7/28/2005 ZBA Variance 057371 The Building Department issued its 6/1/2005 Notice of Disapproval of the "proposed subdivision" on the following grounds: (a) lot#18 will be non-conforming in total size, lot width • and lot depth; (b)lot#7.1 will be "less conforming" and noted that, in 1989, the Planning Board approved#7.1 as an "undersized lot;" and(c)the combined side yard setback for the proposed dwelling on lot#18 is only 24 feet where the Code requires a total of 25 feet. By determination dated July 28, 2005, the ZBA granted the requested variances with respect to area and side yard setback. A copy of the determination is submitted herewith. B. PLANNING BOARD APPLICATION Applicants, who were not represented by counsel at either the 1979 ZBA proceeding or 1989 Planning Board matter, understood that, by reason of the Town's determinations, there were three parcels where previously there had been five -to wit, the Linnet Street parcels(lots#7.1 and 7.2) and the Brown Street parcel(lot#18). Lot#7.1 was sold in 1990 for$95,000 and lot#7.2 in 1999 for$70,000. After the transfers, applicants owned only lot#18 and paid taxes on that parcel. In 2004-05, Mr. and Mrs. Morris discovered that according to the Town, lot#18 was never separated from lot #7.1 even though they had not owned lot#7.1 since 1990. Failure to approved the within application would result in substantial inequity and damage to the applicants who, in good faith, continued to own lot#18 and pay taxes on it for 16 years and entered into a contract to sell the vacant parcel for$160,000. Accordingly, applicants seek Planning Board's confirmation of a division of property that applicants(and, apparently, the taxing authorities and the Health Department)had believed to exist for more than 16 years. MORMS-ADDENDUMl PLANMNG aoA APPLICATION 2 POEM H0. 3 v� U TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 9 FileNo. ................................................................ Date ........................_ fll� ..... ......... 19.77 To ..!C%,,,�Q�rv�.AM......1.J ... .... �--- .............�7...° ......f.....CO.u. t d J?. r i97 QQ PLEASE TAKE NOTICE that your application dated .......................... 19f... DivtbE— Frpa?I-7jITf For permit to cord+fiGt•,__............ ....................at the premises located at .................................... F.I 1.N N.E.7......._S�.. bre t=E tJPA`RT i�l Y . - 3 M.P9 ..��xti^ q t kl Cp ! b 2 Street r 3 t 6 7) ......... Bloc ............................................ Lot .......1.-........L........................... is resumed herewith and disapproved an the,,following grounds ........eW? .''. !: ?:........................ ............../.........a.........: alLCfiLil................................................................................ ................................................. ............... .......,............................................................................ ................................ V "".............. ................................... Building Inspector �ay) I 3 lag t "IG A•_• � •' J� y�y � \ Kr � LEc. b � �;.: - w_R lz o I: �. Ilj�.e Ql e f A a a C �. h. ua�s/nip cas cr/a,�y+ au h 14 M � 1 1 Y� � I l SOijTHOLD TOWN BOARD OF APPEALS -17- April 12 , 1979 position as far as the front yard setback is concerned. There is one house nearby which has a 35 foot setback. Is -there anyone who wishes to speak for this application? (there was no response) . Is there any- one present who .wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the appli- cant requests permission to reduce his front yard setback from 50 feet to 28 feet. The Board can appreciate the difficulty created by the requirement of the DEC that the house be set back 47 feet from the inlet. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate gicinity of the, property, and in the same use' districts; and the..variance will not change the character of the neighborhood and will observe the spirit of the ordinance. - On motion by Mr . Douglass, seconded by Mr. Grigonis, it was` RF,SOLVED, that Ronald H, Roberts, c/o First Towne Realty, Southold , New York, be GRANTED permission to reduce his frcnt' yard setback to 28 feet. Location of property: Lot No, 151 , Cedar Beach Park, Southold, New York. y p g Vote of the Board: Ayes : Messrs Gillis nen ones Doyen, Tuthill and Douglass : PUBLIC HEARZNG: Appeal No. 2531Up6n application of Da rman Morris , 2760 Yenaecott Drive , Southold, New York, for a variance in accordance with the Z.oning ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient are and width. Location of property: Linnet'_ Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south by H. Wyche, PR Realty and Riverside Homes ; west by S. Crenshaw. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. - The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: Mr . Frank Field; Ms . Helen Wyche; P. X . Realty; :Riverside Homes; and Joseph Crenshaw. Fee paid: $15 , 00 . THE CHAIRMAN : The application is accompanied by the County Tax Map which indicates that the applicant is the owner of 4 contiguous lots on the south side of Linnet Street between Ninth Street and Seventh Street. There is no Eighth Street in this area . When. we were there it appeared that there was one house on the westerly Lot of these 4 lots . One house on the easterly lot of the 4 lots . The lots are approximately 112 feet SOI;THOLD TOWN BOARD OF APPEALS -lo- April 12 , 1979 in depth. So that in effect each of these lots have between 5 ,000 and 6 , 000 square feet. Is this right so far Mr . Morris? You want to divide the four lots into two lots? DAYSMAN MORRIS : That' s right . THE CHAIRMAN: Do you get a tax bill for 4 lots or is it billed to you as one lot? I am just curious . MR. MORRIS : It has been billed to me as three pieces . THE CHAIRMAN: Someone told us your wife owns one of these pieces of land. MR ,MORRIS : She owns a lot on Brown Street. THE CHAIRMAN: I don 't think it is pertinent. You own these , right. One of the things werwere wondering about is that garage you have there. How do you propose to divide that. Are you going to run a line through the middle of that? MR. MORRIS : Are you talking about the garage on lot 63? That will be moved. THE CHAIRMAN: Doesn't that occupy more than one lot? MR. DOUGLASS : We are talking about your truck barn: MR. MORRIS : The truck barn. The dividing line will just come up to the fence. MR. TUTHILL: The division line will not go through the barn then? THE CHAIRMAN: Okay, this is your wife's lot here , lot 18? MR. DOUGLASS: Does this line clear your truck barn? It goes to the west of the truck barn? MR. MORRIS : Yes , it will be 5 feet to the west of the truck h,arn.. THE CHAIRMAN: So the property will not be divided equally. One parcel will have frontage on Linnet Street of 113 feet. The other lot will have 87 feet on Linnet Street. Is there anyone else wish to speak for this application? (there was no response . ) Is there anyone who wishes to speak against this application? (there was no response. ) MR. TUTHILL: It seems to me it would be more beneficial to have two large lots rather than four smaller ones . After investigation and inspection the Board finds that the appli— cant requests permission to create two lots out of four existing lots. The app7.iaant' s application will in fact decrease the density of Greenport, _... _._ SOUTHOLD TOWN BOARD OF APPEALS -19- April 12 , 1979 and will recognize the existence of a house on the easterly lot to be created and a house on the westerly lot. The easterly lot to be created will have 113 feet of frontage and be 112 feet in depth. The westerly lot will be 87 feet wide on Linnet Street and 112 feet deep. The Board agrees with the reasoning of the applicant. The Board finds that strset application of the Ordinance would pro- duce practical -difficulties or unnedessary hardship; the hardship created is unique. and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr . Tuthill, seconded by Mr. Grigonis, it was RESOLVED,- that Daysman Morris, 2760 Yennecott Drive, Southold, New York, be GRANTED permission to divide property with insufficient area and width. Location of property : Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field; ,south by H. Wyche , PR Realty and Riverside Homes; west by J. Crenshaw. Vote of the Board: Ayes: Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass. t * z PUBLIC HEARING: Appeal No: 2530 - Upon application of Lim-Con Enterprises, 1455 Vets Highway,. Hauppauge, 'New York, for a special excep- tion in accordance with the Zoning Ordinance:, Artiele VI, Section 100-60 a (2) (a) for permission to have a sign which exceeds the area and height requirements for ground signs. Location of property: Northeast corner of Factory. Avenue and Main Road, Mattituck, New York, bounded on the north by Bethany Cemetery Association; east by Bethany Cemetery Association; south by Main Road (State Road 25) ; west by Factory Avenue and Ardprop, Inc. The Chairman opened the hearing by reading the application for a special exception to the Zoning Ordinance, legal notice of hearing, affidavits attest±ng to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a state- ment from the Town Clerk that notification by Certified Mail had been made to : Ardprop , Inc., and Bethany Cemetery Association. Fee paid: $15. 00 THE CHAIRMAN- This is a sign as stated in the application which is to be placed on the Main Street more or less in the center of the shopping center a-t the corner of Factory Avenue and Main Road with an entrance and exit to the shopping center on either side. The proposal is to create a sign which is 6 feet by 12 feet with a large letter on the top of it with a 5 foot by 2 foot wing on the top saying "MATTITUCK: " There will be another wing on the other side of the "M" which will be 5 feet by 2 feet and say "SHOPPING CENTER" . This would be perpendicular "S,�UTHOLD TOWN BOARD OF APPEALS -41- April 12 , 1979 erect a fence which exceeds the height regulations and in accordance wsth Article III , Section 100-32 for permission to construct a tennis court in the front yard area. Location of property: Pine Neck Road , Southold, New York , bounded on the north by Jockey Creek, Pulitzer , Conroy, Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer . 8 :05 P.M. (D .S .T . ) Upon application of Steve J. Doroski , North Road , Southold, New York, for a variance in accordance with the Zoning Ordin- ance , Article VIII , Section 100-81 and Bulk Parking Schedule for permis- sion to construct a farm building with insuffient front yard setback. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road (C . R. 27) ; east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. 8 :15 P .M. (D .S .T .) Upon application of Vincent M. Annabel , Stillwater Avenue , Cutchogue , New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for per- mission to divide property with insufficient area and width . Location of property: Stillwater Avenue, Cutchogue, New York, bounded on the north by Kiernana, E. Annabel and B. Annabel; east by Eugene' s Creek; south by Krukowski and others ; west by Stillwater Avenue. 8 :30 P .M. (D .S .T.) Upon application of Lee and Susan Courtenay, 47 Kings Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance; Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width. Location of property : Westview Drive , Mattituck, New York, bounded on the north by Westview Drive; east by Riff ; south by Mattituck.Creek; west by Reeve. 8 :40 P .M. (D.S .T . ) Upon application of Greenport Lumber Company, Inc . , 67480 Main Road, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article VIII , Section 100-80 B (16) for permission to use the yard for sale and storage of building materials. Location of property: Lot No . 156 Peconic Bay Estates, Greenport, New York. 8 : 55 P .M. (D .S .T . ) Upon application of Joseph Schoenstein, 16.5 The Short Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance , Article VI , Section 100-60 for permission to conduct a welding business in a "B" zone. Location of property: Pipes Neck Road , Greeenport, New York , bounded on the north by Swanson and Abbot; east by Reefee; south by Pekunka and Dobek; west by Main Road. Vote of, the Board: Ayes : Messrs : Gillispie, Grigenis , Doyen, Tuthill and Douglass . The meeting was adjourned at 11 : 00 P .M. Respectfully submitted , Babette C. Conroy i 9 Secretar7 Southold Town Board of Appeals oho! p� SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 15161765-1809 APPEALS BOARD MEMBERS ROBERT W.GI LLISPIE,JR.,CHAIRMAN M I N U T E S CHARLES GRIGONIS,JR. - - - - - - SERGE COYEN,JR. Southold Town Board of Appeals TERRY TUTHILL ROBERT J. DOUG LASS April 12 , 1979 A regular meeting of the Southold Town Board of Appeals was held at 7 :30 P.M. (E.S .T_ ) , Thursday , April 12 , 1979 , at the Town Hall, Main Road, Southold , New York. There were present: Messrs : Robert W. Gillispie , Jr. , Chairman; Charles Grigonis , Jr. ; Serge Doyen, Jr. ; Terry Tuthill and Robert J. Douglass . There were also present: Mrs. Sh;;urley Bachrach, League of Women' s Voters and Barbara Selvliaw Suffolk Life. POSTPONED DECISION on Appeal No. 2515 of Richard L. and L©is F . Woodhull , Main Road, Cutchogue, New York, for a variance in accordance with Section 280A of the Town Law for recognition of access . Location of property: Main Road, Mattituck, New York, bounded on the north by Long Island Railroad ; east by Krukowski; south by Suter; west by Adel and Tuthill. THE CHAIRMAN : We reserved decision on this application, I think . ABIGAIL WIC=AM; Yes . THE CHAIRMAN : We have discussed everything concerning this. Then Mrs . Suter went to Florida, is that right? ALMA SUTER: The Woodhull' s were not here at the first hearing , and I was away for the second one. THE CHAIRMAN : In the interim, did you get any additional information? MRS , SUTER: I believe my lawyer has some. THE CHAIRMAN : The Woodhull ' s werem`_t here once before. MS . WICKHAM : I spoke to them this afternoon, and they plan to be TOWN OF SOUTBOan, SZ W roar DATE .Mas.._1,._ 19/9 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2531 Dated March 19, 1979 ACTION OF TBE ZONING BOARD OF APPEALS OF TEE TOWN OF SOUTHOLD I. Daysman Morris AppeIla i .2760 Yennecott Drive Southold, New York. 11971 at a meeting-of the Zoning Board of Appeals on April 12 , 1979 the app�I was considered and the action indicated belotw was taken on your ( ).Request for variance due to lack of aceem to property ( .)Bequestfor a special exception under the Zoning Ordinance (X).Request fora variance to the.Zoning Ordinance' 1.. .SPECIAL FMCEPTION..By xesolution of the Board.it was determined that a special excepts c, ( ) be granted (: ) be denied'pursuant to Article - .__._i..,Section ,... ......... Subsection �_—�_ paragraph of the Zoning ordinance and the decisto.a of the Build-lag Inspector ( ) be.reversed ( } be confirmed because 8:25..P.M. (E..S.T.) Upon application of Daysman Morris, 2760 Yennecott Drive, Southold, New York, for a variance in accordance `with the Zoning: ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south-by a, Wyche, PK Realty, Riverside Homes; west by J. Crenshaw. - �. 2..VARIANCE,By resolution of the Board it was determined that (a) Strict application of the Ordinaace (would) (would-not) produce practical difficulties or unnecessary hardship because 'SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared b4 all properties alike in the i®ediate viemlty of this property and in the same use district because SEE REVERSE (c) The varlance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the rhexacr,r of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( I be e anted ( } be denied and that the prevlous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE �1�1(�'J'r�� (� AR I\VI�EJ ZONING BOARD OF APPEALS FORM ZB4 Chairman 6 o APpeats �'� After investigation and inspection the Board finds that the applicant requests permission to create two lots out of four existing lots. The applicant's application will in fact decrease the density of Greenport, and will recognize the existence of a house on the easterly lot to be created and a house on the westerly lot. The easterly lot to be created will have 113 feet of frontage and 112 feet in depth. The westerly lot will be. 87 feet wide. on Linnet Street and 112 feet deep. The Board ag sees with thereasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship createdis unique and would not be shared by all properties in the same use district; and the variance will. not change the character of the neighborhood and will observe the spirit of the Ordinance. on motion by Mr. Tuthill, seconded by Mr.. Grigonis, it was RESOLVED, that Daysman Morris, 2760 Yennecott Drive, Southold, New York, be GRANTED permission to divide property with insufficient area and width. Location of property; Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south by H. `Wyche, PK Realty and Riverside Homes; west by J. Crenshaw. _ - Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. _ r s o1 p 91h. �» T, -T- u W ° • ry W _ u y ST. _ °5'"FO M O LD._ -I II I I .I e U OF eg 1 c s l TOW NL e =x — SOF L __'�-' GREENPORT ro e t s II II s s�_Na `AGE T OFa T o� • I' " ; � �Mi�'^ (r�3 \ � � C � /ova T s 5 �z lye22Is Gw2 2 Heir t _� 11 1` tJ' v��sS(av, �0 A, , C1� Or'ovtcs��. —T Icrc'Vl arYi t .W APPR . 57 0. II I TOWN OF SOUT11OLD, NEW YORK DATE ACTIO`r OF THE ZONSNG BOARD OF APPEALS Appeal No. 2531 Dated March 19 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF.SOUTHOLD To DaysMan McI rris Appellant 2760 .Yednecott Drive Southold , New York 11971 at a meeting of the Zoning Board of Appeals on April 12 , 1979 . the appeal was considered and the action indicated below was taken on your ( } Request for variance due.to,lack of access to property ( j Request for a special exception under the Zoning Ordinance ( }.Requestfor-a variance to the Zoning Ordinance: 1. SPECIAL EXCEPTION.,By resolution of the Board it was determined that a special exception ( ) be granted (: ) be denied pursuant to Article ............... Section .......... .... Subsection paragraph ..._...........:..: of the Zoning Ordinance and the decision of the Building Inspector ( 2 be, reversed ( } be confirmed because B -25 P .M. (E .S .T.) Upon application of Daysman Morris, 2760 Yennecott Drive , Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, Now York, bounded on the north by Linnet Street; east by F. Field; south by H. wyckhe, PK Realty, Riverside Homes ; west by J. Crenshaw. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardsbip created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the, Ordinance and (would) fwauld not) change the character of the district because SFE REVERSE After investigation and inspection the Board finds that the applicant requests permission to create two lots out of four existing lots. The applicant' s application will in fact decrease the density of Greenport , and will recognize the existence of a house on the easterly lot to be created and a house on the westerly lot. The easterly lot to be created will have 113 feet of frontage and 112 'feet in depth. The westerly lot will be. 87 feet wide on Linnet Street and 112 flet deep. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro= duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all prepeties it the same use district ; and the variance :rill not change the cbaracter of the neighborhood and will observe the spirit of the Ordinance. on motion by Mr. Tuthill, seconded by Mr. Grigonis , it was RESOLVED, that Daysigan Morris, 2760 Yennecott Drive, Southold, New York, be GRANTED permission to divide property with insufficient area and width. Location of property: Linnet Street , Greenport, New York, bounded on the north by Linnet Street; east by F. Field; south by E. Wyche , PK Realty and Riverside Homes; west by J. Crenshaw. Vote of the Board: Ayes: Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass . A Town Hall. 53095 Main Road P.O. Box 1179 a ' Southold, New York 1 1971 . x TELEPHONE (i 16) 765d 938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD . April 18, 1989 Daysman Morris 2760 Yennecott Drive Southold, NY 11971 RE: Lot line change Daysman Morris SCTM #1000-48-3-6 & 7 Dear Mr. Morris : The following action was taken by the Southold Town Planning Board on Monday, April 17 , 1989 . RESOLVED that whereas, a formal application for the approval of a lot line change entitled Daysman Morris located at Southold was submitted to the Planning Board on March 16 , 1989 and, WHEREAS, the Planning. Board did an uncoordinated review, declared the Planning Board lead agent and -as lead agent under the State Environmental Quality Review Act grant a negative declaration and, WHEREAS , a public hearing was held on said lot line change application at the Town Hall, Southold, New York, on April 17 , 1989 at 7 : 45 p.m. , and WHEREAS , the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore , be it RESOLVED that the application of Daysman Morris be approved and the Chairman be authorized to I endorse approval on said lot line change , map dated March 13 , 1989 . Enclosed please find one of four maps signed by the Chairman. Very; truly yours ,_ %1 r BENNETT ORLOWSKI ,JR. CHAIRMAN c'o: Building Dept . Assessor' s Office enc . jt { y'. f�• ?• F t � � t � �2 y; .� 1r. ' L j '¢J���A ,u '>�3TIY `I � •S v> � 44' L � iy �. Zi MW _WLt 1 Cl 4J u 3 t ° C � 0 O C 9 � n �2A -. �. '�1�.- 2760 Yennecott Drive Southold , New York 11971 Haf� h 16 1989 SOUTHODTO`W` ,wPlANNING To the Soui'.hold Town Panning Board I ' m writing this letter to you requesting a property line change of my property on Linnet Street in Greenport . I 'm requesting this change because I would like to dividee this property between my two children . Thanking you in advance for your consideration to this request . Very truly yours , Days an Morris APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision p accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold i Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is no owner of record of the land under application, the applicant shall state his int est in land under application.) 2. The name of the subdivision is to be U . . .... . . ... .. .. .... ... . .... .........<.. ........ .. . . .... .. .. ..I... ... ...I. . . .. ... .... .. . ... . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of t suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's offict foluxvs: Liber J.S.I?. . . ....... Page .. .3. .z3. . . . ... . .. On . . -. -.Ss' .. . / . 'T f — I Liber . . ... .N. ........ ....... Page .. . .. . . .!� . .. . . .. .. ... On . . . .. ..fir, Liber . ... . .. .. .. ... ... . . ..... Page On . . . . . .. . . ... ... .... . Liber . .. .. ..... .. . ... . . .... . Page . . . . . .... .. . . .. .. .. ... On . ...., .. .... . . . . .. . . i Liber . .. . . .... . ... . ... .. . ... . Page On . . . .. . .. ... . . . . . . . . . as devised under the Last Will and Testament of . . . .... . . . . . . .. . . .. .... cras distributee ... .... . . . ........ ... .. .. .. . . .... . . . .... . . ... .... .. .... .. .... . .. .... . . . .. . . .. . . .. . . .. .... .. ... .. ... ..... ..... . . . . .. ... . . . . ... . . .... ... . .. . . .... .... . .. .. .. . 5. The area of the land is . . .. � . . . ., . acres. 6. All taxes which are liens on the land at the (late, hereof have been paid except . .... . . . . 7, The land is encumbered by . .. .. . . . . +!/?'t ...- rnortga;e (s) as follows: (n) 'Mort-,igc recorded in Liber . . . _ . _ . . . . . Page . . . . . . . . . . . . . . in original amou of S. . . .. `-_`npaid amount $ . . . . . . . . . . . . . . . . hold by . . . , . address . :. ;:,- . . . . . . (h) Mnrt;agc recorded in Liber . . . . . . . , . Page--�. .ti. . .. . . . . : . . . in original amour of unpaid amount S hJj--"" . . . . . ., . . address (c) ,^ recorded in Liber . . . . . . . . . .. . Page in orivinal c. of ... . .. . . .. . . . . unpaid amou '. . . . . . . . . . . . . . . . . . . . held by . . . . . . . . . . . . . . . . . address . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . S. There arc Lo other e�'cnrnbra-Hee -or liens ag,inst the KA enceo_ t . . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . .. . . .. . . . . . . . . . . .. . . . . . . .. . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .J.. 9. The land lies in the following zoning use districts . . '•"r`•'�. .. `�- ... .. .. . . .... . . .. .. .. . . . . . . .. . . . . . . . . . . .. . . .. . . . . . . . . . . .. . . . . . . . . . , . . . . . .. . . . . . . . . . 10. No part of the land �lies under seater whether tide water, stream, pond water or otheFIAM cept . . .. . . . .,,1... .. . . . . . . .. .. .. .. . .. . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Thvapplicant shall at his expense install all required public improvements. - 11 The-land (does) (fit) he in a \Vater A tri t or tiVater SupplyDistrict. Fame of trio, if within a. District, is . . .. 13. Water mains will be laid by . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . and (a) (no) charge will he made for installing said mains. 14. Electric lines and standards will be installed by . . . . . . n .,,fj�aV—" ' . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . .... . . . . . . . . . . . . and (a) (no) charge will be made for installing lines. it Gas mains will be installed by . .. . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the platareclaimed by the applicant to he existing public streets in Suffolk County Highway- system, annex Schedule "L" hereto, to show same. 17. If streets shoran on the plat are claimed by the applicant to be editing public streets in Town of Southold l Iighway system, annex Schedule '`C" hereto to show same. 13. There are no existing buikiings or structures on the landwhich I H a located end 91, on the plat. 19. Where the plat Qwvs prolm,cel strccu a ldch nit ❑vii 11012 J <h ecu -.m atlluiiiin, division maps herCtnfnrc (11111 there are no rescr\ c stmt, at the end of the streets nn s existing malts at their cnnjunctions with the prnp�-W sucw". 20 fin the course of thLIC priceedi"gs, the ipplin:uit sill ,,atT I PH i of (wc a, rr nAnd by 33; ni the Real rml,crty f-aa 21_ S,h,k a Copt' A propuscd .Iced for Irts -lutwinq all "St iu 'Hi Wivrrnants, etc- ,A.ni ScAdule "Ev" 22. The app t estimates that the cost of grading and required public improvements v �— $. . . . . . . .. . as itemized in Schedule "E" hereto annexed and requests that the maturity Performance Bond be fixed at . .. . . .. .. . . . . . years. The Performance Bond will be writ a licensed surety company unless otherwise ivn on Schedule "F ...... e- DATE . ..N ..`�.. .. . ... . . ., 19.1 i\r.. , . . . . . .. .. . . . ame of i�licant) B} . .. . . . ..... . . .. .. . . . . .. .. . . .. .. . .. .. . (Signature and Title) . . . . . ... .. .. .. . . .... . . .. .. . . . . ... . .. . . . ..... (Address) STATE OF-NEN YORK, COUNTY OF . . . . SSM Q( .. .. . . .. .. ss: On the . , . S . .. .. .. .. . day of. .. .. . .. . . . . . . . . .. 1911. „ before me personally a n.• •. .. �.«4,S• . •• _ , to me known to be the individual described in and executed the foregoing instrument, and acknowledged that executed the same. f LINDA F. GOVLALSIft NOTARY PUGUC, ;t to of New 1'afk - Qualit:ed in Bcffwk otary Public Commission Expdregt STATE OP NEN YORK, COUNTY OF . . . .. .. . .. . . . . . . . ... . .. . . .. . ss: On the . .. . . . . . . .. . . . . . day . . . . . ..., . . . of . . . . . . . . . . . . . .. 19. .. .. ., before me personally c: to me knmyn, who being by me duly sworn did pose and say that . .. . . . . . . . . . resides at Alo. .. . .. . . .. . . . . . . .. . . .. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . that is the . . . .. . . of the c(,rporntion dcseri6cil in and which cxccutcd the forcgoio,; instruiucot ; that kno the +c•nl n[ sail rurpuratiun ; that tLe .;cal af[itied byorder of Ilic 6oanl of director; of-c.nid coriornlit nr.�l ilial si;;ncd name thereto by like order. ``otzr}• Public Southold Town Planning Board Town Hall Southold, New York 11971 Re : Gentlemen: The follo%ging statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral 'to the Suffolk County Planning Commission ( 1) No g , other than foundati scavation for a residential buss- osed, (2) No new roads e proposea and no changes wit the gra of the exis?ing roads . (3) o new drainage structures or alteration oz existing structures are proposed. Yours truly, 1416-4121871—Text 12 % = FIIIIIFCTl.D NUMBER 617.21 SEQ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM (� For UNLISTED ACTIONS Only PART I —PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANTISPCNSOR2. PROJECT NAME > IC j, 3. PROJECT L CATION: Municipality County 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: 0 New ❑ Expanslon odiflcallon/alleratlon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF L AFFECTED: In acres Ultimately es a. WIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑No If No, describe briefly C9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial ❑Commercial ❑Agriculture OParklForestlOpen space 00mhr Describe: 10. DOES ACTION INVOLVE ERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAQ7 Dyes No It yes, list agency(s)and permit approvals 11. DOES ANY ASPS OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? i ❑Yes to It yee, list agency name and permiliapproval t � 12. AS A RESULT OF P POSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Cl Yes allo EI G F TH THE INFORM rTTON PROVIDED AB� VE IS TRUE TO THE IBEST OF MY KNOWLEDGE Appldant)sponsor , � ^... / .! Dateme: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PARI u—ENVIRONl 'ALAS -MENT (To be completed by F ticy) r A. DOES ACTION UCatC ANY T'rPE I fl-oESHOLD IN 6 N`rCRR, PART 517.124 I' yes, coop ilnate the review process and use the FUU_EAF. ❑Yes VN B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIOED FOR UNLISTED ACTIONS IN 6 NY,-RR, PART 617.67 It No, a ne;ative declarall,cn may be superseded by another involved agency. ❑Yes ❑No O. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legidle) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C7. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly.11 I� C5. Growth, subsequent development. or related activities likely to be induced by the proposed action?Explain briefly. C6. Long term, short term, cumulative,or other effects not identified in C1-CS? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR 15 THERE LIKELY TO BE,CONTROVERSY rRELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No It Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts �- AND provide on attachments as necessary, the reasons supporting this determination I Name or lead Axencv --- Prmr or rype Nem, of Ren nns.ble Od,<er m Lead Agency Lde of Kespon vble Un,rer S,,,awre nl Responsible Officer m Lead Agency Signewre of I'repa rer Ili Jnlereot from esoonv ote on¢erl i Orate G PLA 'NINGVOARD T01 OiSOU HOLD SL FF'0 LIG OO,iT VY Southold, N.Y. 11971 (516) 765.1933 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the --Planning Board with your completed applications forms . If your answer to any of the following. questions is Yes, please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there .any other premises under your owners abutting this parcel? es No 3 . Are there any building permits pending on this parcel? Yes No 4 . Are there any other applications pending concerning this property before any other department or agency? (Town. ,. State, County , etc, ) Yes ( No► 5 . Is there any application pending before any other agency with regard to a different ONO project on this parcel? Yes 6 . Was this property the subject of any prior application to the Planning Board? Yes No 7 _ Does this property have a valid certificate of occupancy ; if yes please submit a copy of same Yes I certify that the bone statements are true and ✓i11 be relied the Planning oard in considering this application . Sig, atur of property owner or authorized agent date LOT-LINE CHANGE The following items are to be shown on the survey for a. lot-line change: ( � Key map. (p� District, section, block and lot number from tax map , scale and north arrow. Name of subdivision map, if lot is part of a filed subdivision. Also, show the liber and page number of filed map. (✓)) Name and address of the owners of record. (p/) Name and address of the person preparing the map ( certified engineer, land surveyor, architect. ) including original seal (� and signature. Property descriptions, dimensions, bearings , square footage of the properties being changed, square footage of the land being transfered. The existing and proposed surveyed boundary lines of both properties must be shown on ( � one piece of paper. Areas subject to flooding, including wetlands. ( �4 Existing buildings and site improvements , (i.e . fences , ( � hedges) . Indicate the existing lot line (dotted line) with the bearings and distance and the proposed lot line ( solid ( � line) with the new bearing and distance. Location and name of existing streets or right-of-ways adjacent to the property. ( G Existing spot grades . The following information is to be submitted with the application for a lot-line change: ( ) _Written and signed letter, notorized, by owners of properties in question approving of the change and reasons for the change. A, I� _( ) Affidavit that upon approval the property will be merged. ( i ) Any existing covenants applying to either of the properties. Form letter regarding drainage, roads, and grading, see attached. ( �'T! Short Environmental Assessment form, Part I , see attached.. 41 , Application, three pages , last page notos'ized, see attached . ( �f Fifty ( 50) dollars filing fee . (11 Questionnaire. ( (,,K Eight copies of the survey* * Each of which must bear the original seal and signature of the surveyor or engineer who prepared the survey. ( Photostatic copies are not acceptable . ) Additional copies may be requested by the Planning Board, if needed. Amended June 1988 •WARNING:NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBL IGATIONS LAW("PLAIN LANGU AGE"). NB:THIS CONTRACT WAS COMPUTER GENERATED USING A NYSBAFORM WITH MODIFICATIONS REFLECTED AS FOLLOWS: DELETIONS ARE INDICATED BY STFURE a'.E ,ELLIPSIS OR"DELETED";ADDITIONS APPEAR IN ITALICTYPE. RESIDENTIAL CONTRACT OF SALE THIS IS A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, WE RECOI TEND ALL PARTIES TO THE CONTRACT CONSULT AN ATTORNEY BEFORE SIGNING. NOTE:FIRE AND CASUALTY LOSSES AND CONDEMNATION This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing.Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One part of that law makes a Purchaser responsible for Ere and casualty loss upon taking possession of the Premises before the title closing. Qc,66�Lq II Contract of Sale made as of Ssple der ;2004 BETWEEN DAYSNIANA.MORRIS& NANNIE P.MORRIS, as tenants by the entirety Address: 2760 Yennecott Drive, Southold, NY 11971 hereinafter called"Seller" and JOANNE MOSLIER & CHARLES MOSHER Address: PO Bos 1793, Southold, NY 11971 hereinafter called"Purchaser." The parties hereby agree as follows: 1. Premises.Seller shall sell and convey and Purchaser shall purchase the property,together with bt ildingsair improvements thereon(collectively the"Premises"), and also known as: Street Address: 245 Brown Street,Greenport,NY VACANT LAND Tax Map Designation: 100048-3-24 Together with Seller's ownership and rights,if any,to land lying in the bed of any street or highway,opened or proposed,adjoining the Premises to the center line thereof,including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway.Seller shall deliver at no additional cost to Purchaser,at Closing(as hereinafter defined), or thereafter,on demand,any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property. Deleted. 3. Purchase Price.The purchase price is $ 160,000.00 payable as follows: (a) on the signing of his contract,by Purchaser's good check payable to the Escrowee(as here nafter defined), subject to collection,the receipt of which is hereby acknowledged,to be held in escrow pursuant to paragraph 6 of this contract(the"Downpayment"): (b) by allowance for the principal amount unpaid on the existing mortgage on the date hereof,payment S, of which Purchaser shall assume by joinder in the deed: $ -0- (c) by a purchase money note and mortgage from Purchaser to Setier: S -0- (d) balance at Closing in accordance with paragraph 7: $ 14"0"0- sr /ST _ ro 4. Existing Mortgage. Deleted. 5, Purchase Money Mortgage. Deleted. 6. Downpayment in Escrow.(a)Seller's attorney("Escrowee")shall hold the Downpayment in escrow ina segregatedbank account at Suffolk County National Bank Main Road. Cutchogue, NY entitled "Deborah Doty, Esq. Escrow Management Account"(#6)-00173 1-1) until Closing or sooner r,�r�- tcrminafon of this contract and.shall pay over or apply.the Downpayment in accordance with the terms Of this paragraph. Escrowee shall hold the Downpayment in interest-bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon.If interest is not held for the benefit of the parties,the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law.The Social Security or Federal Identification numbers of the parties Shall be fumished to Escrowee upon request.At Closing,the Downpayment shall be paid by Escrowee to Seller.If for any reason Closing does not occur and either party gives Notice(as defined in X25)to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand.If Escrowee does not receive Notice of objection from such other party to the proposed payment within IO business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment.If Escrowee does receive such Notice of objection within such !0 day period or if for any other reason Escrowee in good faith shall elect not to make such payment.Escrowee shall continue ro hold such amount until otherwise directed by Notice from the parties to this contract or a final,nonappealable judgment..order or decree of a court. However,Escrowee shall have the right at any time to deposit the Downpayment and the Interest thereon with the clerk of.court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Purchaser.Upon such deposit or other disbursement m accordance w ith the terms of this paragraph,Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (b) The parties acknowledge that Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shali not be liable to either party for any actor omission on its part unless taken or suffered in had faith or In willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally (with right of contribution)agree to defend!by attorneys ;elected b,, Escrowee), indemnify and hold Escrowee harmless from and against all costs,claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Eserowee's duties hereunder,except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act orrefrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which maybe selected by it(including any member of its firm)and shall be fully protected in so acting or refraining from acting upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowee's agreement to the provisions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and continues to act as Escrowee. (f) The party whose attorney is Escrowee shall he liable for loss of the Downpayment. 7. Acceptable Funds.All money payable under this contract,unless otherwise specified,shall be paid by: (a) Cash,but not over$1,000.00; (b) Good certifiedcheck of Purchaser drawn on or official check issuedby any bank,savings bank,trust company or savings and loan association having a banking office in the State of New York,unendorsed and payable to the order of Seller,or as Seller may otherwise direct upon reasonable prior notice(by telephone or otherwise)to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$500.00;and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Notwithstanding anything contained in the form Contract to the contrary,it is hereby agreed that the checks)of a funding company or private mortgage ornaneing company,or check(s)drawn on the account of any attorney representing any bankorfunding company,shall not be considered to be a bank or cashier's check and shall not be acceptable far payment unless said check is certified. It is further agreed that Seller shall not be required to accept any endorsed or third-party checks. 3. Mortgage Contingency. Deleted. 9. Permitted Exceptions.The Premises are sold and shall be conveyed subject to'. (a) Zoning and subdivision laws and regulations,and landmark,historic or wetlands designation,provided that they are not violated by the existing buildings and improvements erected on the property or their use; (b) Consents for the erection of any structures on,under or above any streets on which the Premises abut; (c) Encroachments of stoops,areas,-cellar steps,trim and cornices,if any,upon any street or highway; (d) Real estate taxes that are a lien,but are not yet due and payable;and (e) The other matters,if any,including a survey exception,set forth in a Rider attached. (f Covenants,restrictions,easements and agreements,if any,contained in the former deeds or other instruments of record,insofar as the same may now be in farce or effect,provided same do notprohibit the construction of a private one-family dwelling; (g) Possible encroachment, including, but not limited to, the encroachment by a neighbor's stricture southward of the northern line of the Premises which encroachment Purchaser shall accept(variations between other encroachments and record lines of not more than 12 inches shall be deemed not to render title unmarketable and Purchaser shall accept such variations,provided that the title company shall insure against same); (h) Rights, if any acquired by any utility company to maintain and operate lines,wires, cables,poles and distribution bases in,over and upon said premises; (i) Any state offacts an accurate survey may show provided that title is not rendered unmarketable thereby(variations with record lines of nor more than 12 inches shall be deemed not to render title unmarketable and purchaser shall accept such variations,provided that the title company shalt insure against same). 10. Governmental Violations and Orders.(a) Seller shall comply with all notes or notices of violations of law or municipal ordinances,orders m requirements noted or Issued as of the date hereof by any governmental department having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises.The Premises shall be conveyed Free of them at Closing.Seller shall famish Purchaser with any authorizations necessary to make the.searches that could disclose these matters. (b) Deleted. tl. Seller's Representations.(a)Seller represents and warrants to Purchaser than. (i) The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right,power and authority to sell,convey and transfer the same in accordance with the terms of this contract; (iii) Seller is not a"foreign person,"as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code("IRC")Section 1445,as amended, and the regulations promulgated thereunder(.collecuvely "FIRPTA"), (iv) The Premises are not affected by any exemptions or abatements of taxes;and (v) Seller has been known by no other name for the past ten years,except none. (b) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall'oe toe and crintrt at Closmn- (c) Except as otherwise expressly set forth in this contract,none of Seller's covenants-representations,warranties or other obligations contained in this contract shall survive Closing. 12. Condition of Property Purchaser aclmowtedges and represents that Purchaser is fully aware of the physical condition and state of repau of the NvCRA RnR M (1998-.amended 9/25100)-of orris to vtasher-2 Prernises and of all other property included in is ale,based on Purchaser's own inspection and investigation thereof,and that Purchaser is entering into this contract based solely upon such inspection and investigation and not upon any information,data,statements or representations,written or oral,as to the physical condition, or any other matter related to the Premises or the other property included in the sale, given or made by Seller or its representatives,and shall accept the same"as is"in their present condition and staicoFtepair,subject to reasonable use, wear, tear and natural deterioration between the date hereof and the date of closing (except as otherwise set forth in paragraph 16(f)),without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract.Purchaser and its authorized representatives shall have the right, within 48 hours of Closing, at reasonable times and upon reasonable notice(by telephone or otherwise) to Seller,to inspect the Prernises before Closing. 13. Insurable Title.Seller shall give and Purchaser shall accept such title as any reputable title company doing business in Suffolk County shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department,subject only to the matters provided for in this contract. 14, Closing,Deed audTitle.(a)"Closing"means thesettlementof the obligations o f Seller and Purchaser to each other under this contract,including the payment of the purchase price to Seller,and the delivery to Purchaser of a bargain and sale deed with covenants against grantor's acts eked in proper statutory short form for record,duly executed and acknowledged,so as to convey to Purchaser fee simple title to the Premises,free of all encumbrances, except as otherwise herein stated.The deed shall contain a covenant by Seller as required by solid. 5 of Section 13 of the Lien Law. (b) If Seller is a corporation,it shall deliver to Purchaser at the time of Closing(i)a resolution of its Board of Directors authorizing the sale and delivery of the deed, and(ii)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place.Closing shall take place at the office ofDeborah Doty,Esq.,670 West CreekAvenue,Cutchogue,NY at 10:00 a.m.o'clock on or about 15 days after issuance ofa Building Permit,or,upon reasonable notice(by telephone or otherwise)by Purchaser,at the office of Purchaser's lending institution or attorney for Purchaser's lending institution in Suffolk County. In the event that the Closing shall take place other than in Sr>ffolk County, there shall bean attendancefee payable to Seller's attorney,DEBORAHDOTY,ESQ.,by the Purchaser as follows:Nassau County-$150.00; Queens County-$300.00;Bronx,Kings, Westchester or New York Counties-$450.00. 16. Conditions to Closing.This contract and Purchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy,as of the date of Closing,of the representations and warranties of Seller made in this contract. (b) Deleted. (c) The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign person,which certification shall be in the form then required by FIRPTA or a withholding certificate from the IRS.If Seller fails to deliver the aforesaid certificate or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10%thereof(or any lesser amount permitted by law)and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. (d) The delivery of the Premises and all bnilding(s) improvements comprising a part thereof is-broem-dcascondition,vacant and free of leases or tenancies.. . . (e) Deleted. (f) Deleted. (g) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes.At Closing,certified or official bank checks payable to the order of the appropriate State,City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage,if any,shall be deliveredby the party requiredby law orby this contract to pay suchtransfer and/orrecording tax,together with any required tax returns duly executed and swom to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing.The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing. 13. Apportionments and Other Adjustments;Water Meter and Installment Assessments. (a)To the extent applicable, the following shall be apportioned as of midnight of the day before the day of Closing: (i) taxes,water charges and sewer rents,on the basis ofthelien(11/1-)1130)fiscal period for which assessed;(ii)fucl;(iii)inter cst Or the exi2hr, SriOrtg,ge;(IV) ;(V) ,ituit Chaa r,S;(VI)rents yi s an men collected. (b) If Closing shall occur before anew tax rate is fixed,the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding lien fiscal period applied to the latest assessed valuation. (c) If there is a water meter on the Premises,Seller shall furnish a reading to a date not more than 30 days before Closing and the unfixed meter charge and sewer rent,if any,shall be apportioned on the basis of such last reading. (d) If at the date of Closing the premises are affected by an assessment which is or may become payable in annual installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reasonable time following Closing.This subparagraph shall survive Closing. 19. Allowance for Unpaid Taxes,etc.Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes,assessments,water charges and sewer rents,together with any interest andpenalties thereon to a date not less than five business days after Closing.. provided that official bills therefor computed to said date are produced at Closing. NYSB.a FORM 11998:amended 9/2i/001-hlnrrie rn tvf—ha,- 20. Use of Purchase Priceto Remove Encumbrances.If at Closing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the purchase price to pay or discharge them,provided Seller shall simultaneously deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with the cost of recording or filing saiA instruments.As an alternative Seller may deposit sufficient moneys with the title insurance company employed by Purchaser acceptable to and required by it to assure their discharge,but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters.Upon reasonable prior notice(by telephone or otherwise),given Purchaser shall provide separate cenifred or official bank checks as requested to assist in clearing up these matters. 21. Title Examination; Seller's Inability to Co uvey; Limitations of Liability. (a) Purchaser shall order an examination of title in respect of the Premises from a title company licensed or authorized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract is subject to a mortgage contingency set forth in paragraph S,after a mortgafle commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the actor ocy(s) for Seller promptly after receipt thereof. (b)(i)If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract,or Purchaser has other valid grounds for refusing to close,whether by reason of liens,encumbrances or other objections to title or otherwise(herein collectively called"Defects"),other than those subject to which Purchaser is obligatedto accept title hereunder or which Purchaser may have waived and other than those which Sellerhas herein expressly agreed to remove,remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price,then,except as hereinafter set forth,Seller shall have the right,at Seller's sole election,either to take such action as Seller may deem advisable to remove,remedy,discharge or comply with such Defects or to cancel this contract;(ii)if Seller elects to take action to remove,remedy or comply with such Defects,Seller shall be entitled from time to time,upon Notice to Purchaser,to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate(but not extending beyond the date upon which Purchaser's mortgage commitment,if any,shall expire),and the date for Closing shall be adjourned to a date specified by Seller not beyond such period.If for any reason whatsoever, Seller shall not have succeeded in removing,remedying or complying with such Defects at the expiration of such adjournment(s),and if Purchaser shall still be unwilling to waive the same and to close title without abatement of the purchase price,then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date;(iii)notwithstanding the foregoing,the existing mortgage(unless this sale is subject to the same)and any matter created by Seller after the date hereof shall be released,discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms,other than as a result ofPurchaser s default,this contract shall terminate and come to an end, and neither party shall have any further rights,obligations or liabilities against or to the other hereunder or otherwise,except that:(i)Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and,unless cancelled as a result of Purchaser's default or pursuant to paragraph 8,to reimburse Purchaser for the net cost of examination of title,including any appropriate additional charges related thereto,and the net cost,if actually paid or incorredb,y Purchaser,for updating the existing survey of the Premises or of a new survey,and(ii)the obligations under paragraph 27 shall surviv e the termination of this contract. (d) Norwilhstanding the foregoing,Sellershall be deemed to have cured the Defects if Seller provides insurance omitting same issued by a title company meeting the requirements of this contract. (e) Nothing herein shall be deemed to obligate Seller to undertake any actions or proceedings to cure Defects. 22, Affidavit as to Judgments,Bankruptcies,etc.If a title examination discloses judgments,bankruptcies or other returns against persons having names the same as or similar to that of Seller,Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23, Defaults and Remedies.(a)If Purchaser defaults hereunder,Seller's sole remedy shall be to receive and retain the Downpayment as liquidated damages,it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpaymeat constitutes a fair and reasonable amount of damages under the circumstances and is nota penalty and Purchasershall have no further claim to the downpavment,and this contract shall be deemed terminated. (b) If Seller defaults hereunder,Purchaser shall have such remedies as Purchaser shall be entitled to at law or inequity,including,but not limited to,specific performance. 24. Purchaser's Lien.All money paid on account ofthis contract,and the reasonable expenses ofexamination oftitle to the Premises and ofany survey and survey inspection charges,are hereby made liens on the Premises,but such liens shall not continue after default by Purchaser under this contract 25. Notices. Any notice or other communication("Notice")shall be in writing and either(a)sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee,by registered or certified mail,postage prepaid, (b)delivered in person or by overnight courier,with receipt acknowledged,to the respective addresses given in this contract for the party and the Escrowee,to whom the Notice is to be given,or to such other address as such party or Escrowee shall hereafter designate by Notice given to the other party of parties and the Escrowee pursuant to this paragraph, or(c) with respect to 17(b)or 120,sent by fax to the party's attorney Each Notice by fax shall be deemed given when transmission is confirmed by the sender's fax machine. A copy of each notice sent to a party shall also be sent to the party's attorney. The parties attorneys for the parties are hereby authorized to give and receive on behalfoftheir clients all Notices and deliveries. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same,except that any notice to Escrowee shall be desired given only upon roc cant by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered. 26. No Assignment.This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s)made without such consent shall be void. 27. Broker.Seller and Purchaser each represents and warrants to the other that it has not dealt with any real estate broker in connection with this sale other than COLD WELL BANKER-M&D PROPERTIES(Brian Shelby)("Broker')and Seller shall pay Broker any commission eamd pursuant ro a separate agreement between Seller and Broker. Seller and Purchaser shall mdernnify and defend each other against an,, ousts, claims and expense including reasonable attorneys' fees, arising out of the breach on their respective parts of any representation or agreement contained in chis paragraph.. The provisions of this paragraph shall survive Closing or,if Closing does not occur, the termination o;Ruts cnntracl --co. ria¢ ,,.,pndpn 0R Info-Morris ro Mosher-d 28. Miscellaneous.(a)All prior understandings,agreements,representations and warranties,oral or written,between Seller and Purchaser are merged in this contract;it completely expresses their full agreement and has been entered into after full investigation,neither party relying upon any statement made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof may be waived,changed or cancelled except in writing.This contract shall also apply to and bind the heirs,distributees,legal representatives,successors and permitted assigns of the respective parties.The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine ancifeminine gender,whenever ° the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define,limit or describe the scope of this contract andshall > not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. T (f) Seller and Purchaser shall comply with IRC reporting requirements,if applicable.This subparagraph shall survive Closing. s c (g) Each party shall, at any time and from time to time,execute, acknowledge where appropriate and deliver such further instruments and e documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract.This A subparagraph shall survive Closing as to those matters which are specified herein to survive Closing. y o (h) This contract is intended for the exclusive benefit of the parties hereto and,except as otherwise expressly provided herein,shall not be for o a the benefit of,and shall not create any rights in,or be enforceable by,any other person or entity. h (i) Ifapplicable,the complete and fully executed disclosure of information on lead-basedpaint and/or lead-based paint hazards is attached hereto o and made a part hereof. 04 T c a THE FOLLOWING PARAGRAPHS ARE ADDITIONS TO THE STANDARD CONTRACT OF SALE AS SET FORTH HEREINABOVE AND,AS SUCH,CONSTITUTE A RIDER TO THE CONTRACT. 29. Departmental Approvals. This contract is contingent upon the Purchaser's obtaining,at the Purchaser's own cost and expense,within 90 days •,y Y from the date hereof,the following: (a) Approval from the Suffolk County Department of Health Services for location of sanitary systems for a single family residence; (b) Title search showing single and separate ownership of the property pursuant to Southold Town Code("Single&Separate Search");and >",o (c) Building Permit from the Town of Southold. '' T'0`= A- •1 5'+cry k- sC, o The Single & Separate Search together with a survey of the Premises shall be delivered to Seller's attorney within 21 days of the date on which °,° Purchaser's attorney receives the fully executed contracts. Nothing herein shall obligate the Seller to incur any expense for a survey, to file any 'o' 3 application with or to pay any fees to any agency or entity in connection with obtaining approvals and/or permits. Seller agrees,however,to execute z g any consents required to obtain said approvals,permits,or survey. The Purchaser agrees to use due diligence in applying for,pursuing and obtaining the survey,approvals and permits. If the approvals and permits •a are not issued within said 90 days,then either party may cancel this contract,whereupon the Seller shall,unless cancellation is a result of Purchaser's default,refund the down payment. Upon cancellation,Purchaser agrees to deliver to Seller a fully executed assignment(s)of all applications,approvals •o and/or permits. x In the event that,prior to Closing Date,the approvals and/oSbuilding permits are denied and the Purchaser shall be unwilling to waive same and � o to close title,then Purchaser shall give Notice to Seller within aBusiness days of Purchaser's receipt of said denial(s). If Purchaser Fails to give Notice c o of cancellation,then Purchaser shall be deemed to have waived Purchaser's right to cancel this Contract and to receive a refund of the down payment F by reason of the contingency contained in this paragraph. cL 00 A .S 30. Acceptance of Deed. Acceptance of a deed by the Purchaser shall be deemed to constitute full performance of every agreement and obligation v of the Seller, and no agreement,representation or warranty by the Seller shall survive delivery of the deed unless such survival is specified In writing. rn A Y 31. Social Security Numbers- All of the parties hereto represent that their respective social security numbers are accurately reflected on the Contract u _ •;; °o' of Sale and each acknowledges that the other parties hereto may rely upon the representation contained in this paragraph. v m c 32. Dishonored Check. In the event that a check given as down payment is dishonored for any reason(except for Seller's faulty endorsement)by the bank upon which it is drawn,unless Purchaser within 3 business days after receiving notice of said failure of collection,delivers to Seller's attorney an W unendorsed certified or bank check in the amount of the down payment, Seller,in addition to any other rights or remedies it may have,may terminate g o this Contract and Seller shall be relieved and released from all obligations hereunder,including,without limitation,for brokerage commissions. In the L event any check delivered at the Closing fails to clear upon deposit,Seller shall be entitled to reasonable attorneys'fees in any legal proceeding brought o Y in connection therewith. The provisions of this paragraph shall survive the delivery of the deed. a y u 33, Litigation and Waiver. In the event of any legalproceeding or litigation between the parties hereto arising out of this Contract,eachof the parties 3 hereby waives the right to a trial by jury in such legal proceeding or litigation. o � .Q h 34. Time Periods. All time periods in this Contract shall be measured from the date when the Purchaser's attorney receives the fully-executed Contract. o. v L 9 > 35. Internal Revenue Service Form 1099-5. The Purchaser shall cause its attorney,lending institution or title company to duly file Internal Revenue S a Service Form 1099-S. The Purchaser and the Seller shall deliver to Purchaser's attorney, lending institution or title company all information necessary v to prepare Form 1099-S. E Y ao 36. Peco¢ic Bay Regio¢Community Preservation Fund, At the Closing, the Purchaser shall pay the Peconic Bay Region Community Preservation Fund real estate transfer tax, if any. Purchaser further agrees to indemnify and to hold the Seller harmless from any claims arising therefrom. The -5 provisions of this paragraph shall survive the delivery of the deed. 3 o o z 37. Inconsistencies. In the event of any inconsistency between the printed portion of this Contract and this rider,the terms of this rider shall control NYSRA FORM(199R! QO;'AM-w,...:.1� N WITNESS WHEREOF,this contract has been duly executed by the parties hereto. / a / Social Security # _ � Y DAYSMANA. MbRRIS, Seiler � Z1 _ -'./ �ZG Social Security # NANNIE P. MORRLS, Se11e7- Social Security # J04NNE NIDSHER, P�urrcchhase'r f G . '%✓ _ Social Security ±J _ ` t� ` c) CHARLES MOSHER, Purchaser Attorney for Seller: Attorney for Purchaser: Deborah Doty,Esq. David Morris, Esq. Address: Address: 670 West Creek Avenue 93 Wheeler Road P.O. Box 1181 Central Islip, NY 11722 Cutcho;ue,NY 11935 631-734-6648;734-7702 (FAX) 631-234-7234; 234-8754(FAX) Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. DEBORAH DOTY, ESQ., as Escrowee iwCR,a FORM i1 Y99:amended 9/'_51001 Morris tafvto5her 6 ■t APPEALS BOARD MEMBERS ��OF sou Southold Town Hall Ruth D. Oliva. Chairwoman `4 1p 53095 Main Road- P.O.Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando G Q Office Location: James Dinizio, Jr. Q • �O Town Annex/First Floor,North Fork Bank Michael A. Simon �0U 54375 Main Road(at Youngs Avenue) Southold, NY 11971 littp://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 •Fax(631)765-9064 July 29, 2005 By Regular Mail and Fax Transmission 734-7702 Mr. and Mrs. Daysman Morris c/o Deborah Doty, Esq. P. O. Box 1181 Cutchogue, NY 11935 Re: ZBA Ref. 5737 —Area Variances (Setbacks and Lot Size) Dear Mr. and Mrs. Morris, Ms. Doty: With regard to the applicant's request for variances, please find enclosed a copy of the determination rendered by the Board of Appeals at its July 21, 2005 Meeting. Please be sure to contact the Planning Board (765-1938) and Building Department (765-1802) regarding the next step under the building, zoning and subdivision reviews. You may want to furnish an extra copy of the enclosed determination to the Planning Board and Building Department at the time of submitting any other documents or amendments, if necessary, in the application reviews. Thank you. Very truly yours, � da Kowalski Enclosure Copy of Decision 7/29/05 to: Building Department R ErsE I7E..D Planning Board Town Attorney's Office (Attn: K. Corcoran) of sov APPEALS BOARD MEMBERS Southold "Gown Hall Ruth D. Oliva, Chairwoman 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer * Southold,NY 11971-0959 Vincent Orlando v, Office Location: James Dinizio, Jr. Town Annex/First Floor,North Fork Bank Michael A. Simon ZIP/ 54375 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.nurthfc)rk.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 •Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 21, 2005 ZB Ref. 5737 — Daysman and Nannie Morris Property Location: 245 Brown Street, Greenport; CTM 48-3-24 ( referred to as '18') 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: This application involves property that borders Brown Street and Linnet Street, referred to as Lots 18 and 64 on the 1909 Map of Greenport Driving Park. The southerly 5,629 sq. ft. area ('18) has 50 feet along Brown Street and depth of 112.58 feet, shown as 24 on the Suffolk County Tax Maps, Section 48, Block 3, and shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. The northerly 9,744+- sq. ft. area (`64) is shown on the current County Tax Maps as 48-3-7.1, with 87 feet along Linnet Street and depth of 112+-feet. BASIS OF APPLICATION: Zoning Code Sections 100-32 and 100-244, based on the applicant's request to divide lots shown as '18'and '64'on the Map of Greenport Driving Park, and the Building Inspector's June 1, 2005 Notice of Disapproval. The disapproval states that the subdivision of a lot located in the R40 District is not permitted under Section 100-32 ... unless the same conforms to the Bulk Schedule and Parking Schedule, for this property, which states that this property is merged with the adjacent property to the north (referred to as CTM 1000-48-3-7.1). When the ownership search of this and adjacent properties prepared November 30, 2004 by Stewart Title Insurance Company, submitted to the Town when applicants filed an application for a building permit dated January 19, 2005, it was discovered that the premises (Greenport Driving Park 18' and `64') was acquired by Mr. and Mrs. Daysman Morris by deed dated August 7, 1953 for the subject premises and more. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 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: IPage14'' July 21, 2005 • . ZB File Ref. 5737—D. and N. Morris CTM 48-3-24 AREA VARIANCES REQUESTED: The applicants have submitted an application for area variances, for relief under Sections 100-32 and 100-244, concerning a 50' x 112.59' parcel of land referred to as CTM 48-3-24 (referred to herein as '18'). Also requested are a setback variance under Section 100-244 for a proposed combined side yard area totaling 238", instead of the code required total side yard area of 25 feet. (A minimum 10 ft. side yard at the westerly side of the proposed dwelling will conform.) PRIOR TOWN APPLICATIONS BETWEEN 1989 AND 2005: During 1989, the applicants submitted applications to the Town under the subdivision and zoning code regulations with a new map dated March 13, 1989, changing frontages along Linnet Street for two properties with 87 feet along Linnet Street for the westerly parcel and with 113 feet along Linnet Street for the easterly parcel. The lower 50 ft. by 112.5 ft. parcel ('18') was not included on the new map approved under the subdivision regulations. No other application was filed after the 1989 approval of the lot line change map to create the 50 ft. by 112 ft. undersized lot for the property (18'). During September 1980 the Town Board and the Planning Board amended Subdivision Code Section 106-53, which amendment indicated approval of "lots approved by ZBA between 1971 and 9/6/79, as 'actions having the same force and effect as if the owner had applied to the Planning Board for subdivision approval."' This action was applicable to ZBA area variances under Appeal No. 2531, without creation or notation for a third, separate lot (18). The 1953 deed conveying this property and more to the applicants remained without change, until September 1990 when the northerly parcel '64' was deeded by the applicants to their daughter and son-in-law. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a setback variance for side yards at a minimum of 23.5 feet and for area variances involved with the proposed set-off of a 50' x 112.59' land area, resulting in a separation from the applicant's adjacent 9,744+- property to the north (County Tax Map Lot 7.1). The requested parcel, County Tax Map Lot 24 and adjacent lot 7.1 have a long history in both the subdivision and zoning records of the Town of Southold. The property, when set off, will also create an affordable housing parcel that will not create a detriment to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The northern property ('64') which borders Linnet Street and improved with a dwelling, has not been owned by Daysman and Nannie Morris since 1990, and there is no other alternative but to request variances. 3. The difficulty has been self-created based on the nonconforming size of the parcel and record of ownership and town applications in the past. Page 3—July 21, 2005 ZB File Ref. 5737 —D. and N. Morris CTM 4B-3-24 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The setback variance is a reduction of less than two feet from the code requirement for combined side yards. With regard to the lot size variances, the land has direct frontage along Brown Street, and is one of the last unimproved lots in close vicinity to this property. 5. Grant of the requested relief is the maximum the Board will approve, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. 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), Goehringer, Orlando, and Dinizio. (Member Simon was absent.) This Resolution was duly adopted (4-0). Ruth D. Oliva,Chairwoman 7/jo�'105 Approved for Filing DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O Box 1181 CUECHOGUE, NY 11935-0876 Fax 631-734-7702 631-734-6648 August 11, 2005 BY HAND Supervisor Joshua Y. Horton & Members of the Town Board Southold Town Hall 53095 Main Road ' AUG Southold, NY 11971 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) (a/k/a lot #18 on 1909 Map of Greenport Driving Park and hereinafter "#18") Dear Supervisor Horton & Members of the Board: I represent Daysman A. Morris & Nannie P. Morris who own the above-referenced parcel. Mr. & Mrs. Morris request that the Board refund the fees paid to the Town with respect to the 2005 applications to the Planning Board and the Board of Appeals and to waive payment of additional fees in connection with the recognition of a lot line which appeared of record for more than 95 years. Mr. & Mrs. Morris purchased the subject property (along with four parcels to the north on Linnet Street) in 1953. From 1953 to date, they received a single tax bill for lot#18. Indeed, until this year, the Town and various of its departments apparently believed that lot #18 was a separate lot.' Although Mr. Morris was born, raised, established and ran his own business, and is now retired in the Town of Southold, he was and is not versed in the intricacies of the Southold Town Code. The only information he received from the Town regarding lot #18 was the semiannual real property tax bill issued for the parcel. In 1979 and 1989, Mr. & Mrs. Morris worked with Town Boards and Departments in order to create two larger lots out of the four smaller lots on Linnet Street. They were not represented by an attorney in either proceeding. Not one of the Town employees or appointees (whose knowledge of the Code and zoning was superior to that of Mr. & Mrs. Morris) ever incorporated lot #18 in a decision. ' For example, in connection with a 1979 area variance application for the Linnet Street lots to the north, evidence demonstrates that the ZBA considered lot#18 to be a separate parcel see e.g., lot #18 was noted as being south of the subject parcels; hearing minutes and ZBA determination reflect that two lots were being created out of four (not five) lots). The Planning Board's 1989 determination did not even mention lot #18. r DEBORAH DOTY(CONTINUED • Supervisor Joshua Y. Horton & Members of the Town Board August 11, 2005 Page 2 Indeed, the weight of the evidence reflects that, in 1979, 1989 and at all other times, the Town considered lot #18 to be a separate taxable building lot. Believing that it was an independent lot, Mr. & Mrs. Morris entered into a contract to sell the parcel to Joanne Mosher and Charles Mosher, who currently rent in Southold. The parcel is ideal for construction of an affordable modular home, which is exactly what the purchasers intend to build. It was not until the Town's issuance of a Notice of Disapproval in January 2005 (almost 52 years after the lot's purchase) that the Town asserted that lot #18 was not a separate lot. After application for and denial of a Waiver of Merger, Mr. & Mrs. Morris decided to seek Town recognition of the 1909 dividing line between lot #18 and lot #64 (now part of tax lot #7.1 which was sold to Lori Latney in 1990). Variances were obtained from the ZBA in July 2005. An application is pending before the Planning Board. Enclosed, for the Board's reference, are copies of the survey of lot #18 and of the Addendum to the Planning Board application with submissions. The Addendum provides additional detail with respect to the history of the parcel. In effort to expedite the sale, Mr. & Mrs. Morris made applications to the ZBA and Planning Board and paid fees seeking to correct what appears to be an oversight that has existed since 1979. They already have paid $2,535.00 in fees to the Town and will have to pay an additional $8,500.00 to obtain final approval. (A statement of fees is enclosed for the Board's convenience.) Mailing costs and legal fees also have been incurred by Mr. & Mrs. Morris. In light of the history of this matter, Daysman A. Morris and Nannie P. Morris respectfully request that the Board approve the refund of fees already paid and the waiver of the fees still to be paid in connection with Mr. & Mrs. Morris' efforts to obtain the Town's approval of a property line which first appeared on the 1909 filed map. Thank you for your consideration of this matter. Respectfully submitted, Deborah Dory Encls. DD:bdr cc: Daysman A. Morris & Nannie P. Morris (w/o Addendum) Southold Board of Appeals (w/o Addendum) /Southold Planning Board (w/o Addendum) DEBORAH DOTY(CONTINUE1 • Supervisor Joshua Y. Horton & Members of the Town Board August 11, 2005 Page 3 Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport. NY (SCTM # 1000-48-3-24) FEES PAID: 1. Waiver of Mercer 2/14/2005 Southold Town Clerk for fee for Waiver of Merger 150.00 2. Variances 5/25/2005 Southold Town Clerk for fee for Notice of Disapproval from Building Department 35.00 6/6/2005 Southold Town Clerk for fee for filing of Application to ZBA for area variances 600.00 2. "Subdivision" 8/3/2005 Southold Town Clerk for Sketch Plan Application fee in connection with submission to Planning Board 1,750.00 FEES PAID (as of 8/11/2005) 2,535.00 PLANNING BOARD FEES TO BE PAID: Preliminary Application fee 1,000.00 Final Application fee 500.00 Park & Playground fee 7.000.00 FEES TO BE PAID 8,500.00 TOTAL FEES TO SOUTHOLD TOWN: $11,035.00 aL DEBORAH DOTY a w2P— MT ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHocuE, NY 11935-0876 FAX 631-734-7702 631-734-6648 BY HAND August 4, 2005 Members of the Southold Planning Board Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 AUG - 5 2005 RE: Daysman A. Morris & Nannie P. Morris 245 Brown Street, Greenport, NY (SCTM # 1000-48-3-24) Sketch Plan Application Dear Members of the Board: I represent Daysman A. Morris & Nannie P. Morris who are the owners of the above- referenced parcel. My clients make the within application to obtain the Board's approval of a division of property that applicants had believed to exist for more than 16 years. Enclosed please find the following: (a) the Application for Sketch Approval with addendum, (b) a true copy of the authorization letter from my clients which was utilized in applications to the Southold Building Department and Board of Appeals ("ZBA"), (c) a true copy of Transactional Disclosure Form, (d) Short Environmental Assessment Form, (e) LWRP Consistency Assessment, (f) six prints of the survey (reduced) of the above-referenced parcel, (g) the deeds to the property and the parcel (#7.1) to the north, (h) a copy of the 1979 ZBA file, (i) a copy of the 1989 Planning Board file, 0) the 2004 contrac f sale, (k) the July 2005 ZBA determination granting the requested variances, and (1) eck #5447 'n the amount of $1,750.00 for the Sketch Plan Application fee. �un As the Board is aware, Mr. and Mrs. Morris intend to apply to the Southold Town Board for a refund (and/or a waiver) of fees paid in connection with their 2005 applications. Given the history of this property, we seek the Planning Board's endorsement of the request to the Town Board. Thank you for your consideration. Respectfully submitted, 1 Deborah Doty cc: Daysman A. Morris & Nannie P. Morris Encls. DD:bdr •LASER FICHE FORM • SUBDIVISIONS Project Type: Standard Status: Final Approval SCTM # : 1000 - 48.-3-24 Project Name: Morris, Daysman & Nannie Location: The property is located on the north side of Brown Street and the south side of Linnet Street, approximately 313 feet west of 7th Street in Greenport. Hamlet: Greenport Applicant Name: Daysman A. & Nannie P. Morris Owner Name: Daysman A. Morris Zone 1 : R-40 Approval Date: 12/12/05 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement: Address: The property is located on the north side of Brown Street and the sout County Filing Date: SCANNED APR 1 4 2005 Records Management SCAN Date: