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Home My WebLink About1000-50.-1-18 u _u__. ~.1"- -..---..-.-----.-' -....--.-----..-~-_.-..- ---.--...----.-.- ~~/ r ~--- 4<'/P- .--:::>" . / / / w~-re12 M4NDet... r.. -.. -.~.... I '2' '..............., "o-L ---- I r-,., '. ~ '7 ~ J --..............---.. II . ~ 120, t..1()F OF A20Pf-:QTY I r EUkVPiYEED FOe I i HEI.E.:::,'" I f. If (:.)t:2.Tf.IUQ weCrn-/JE,J12.ji\)' " "l 1: / ---- -_. --.---" - ..---.--------------- --<,,' ~ I~ I .~ ~c . ;iO l' ~ j ~ it 't Wu,?7'".(l' \'t ... \,I', :'" ~' t: . . ~ ';C, \ N.2.3'3SaJ'E A,=> ' . ',-,loBo -1284 ~7~~ .'"1-1 . ~ ~~ 5'40'e 1'1.,,,,-3___ .. ..- 10'7'./6 Or WO'i .-.-,"'" , '8. :l~ --.------ " --~.,. ----.- ----- -- ---- ------ Ul 6"- < 6' ~ ~ ~ ~ a !Ti $ (VOIC6,.,+ ) i ~ ~ * ~~ ~ ~ m ~ -.J -,j t:lT :5c:>unKX_O .....UFF-OLk; CO.JNTY, N. r: 5='" : 100'~'" I.Q I" I I I I .~ ~ --" . ..... -" way .' ____cL.--..-----.j I i , -------- 150.0 5:./9-1_3.:-3C?"1}I. B . I'IOWAP.-O (minor 5l.Ibdiv,) Are IV. 59,274 sr.f+' n '" me,rtWl1Ieft+ ~. ,...L.." . d__'; 11+ I?:L'i. .,,- I j 1 -,' .r .:; J - .... 'oe>~ ( . .' , .~ .., 1 APPROVED 81 PLANN'~ ,elRl:l TOWN O. ~aU+H6LD ~."" " Ii';"\" a~\.~.N;;;: ;"..: 0'U. ...., ".,Jr, /-(~-,o( 6. '-'c. . '.... "c. "1b. ,', "--~? O. / C/ -9; 1'\/- -' :.~,' ':"' .'.: (i ',.':.' '~-i Y' ,:,,_ '", i.;., " .: '.:;" .:0>1. ~:ti,,,, i_~;:; 'j,J ;~r.,:_;--:;' ~,;' .:;~ ".'-;" ;~:.;';I,,1. '.....r-' " ;-<. ,;.)'C' ''';,1..,; ,'",,:<'.': t.,'< ~;(:' ~ -.'~:"-,.!~,:,, ;\t''' IJ (6' ~ '- ,J "--"'.'.:'-riK'~),,_<.;... '.I! ....\'~;;.Ijl'...~ Tt-He No. 7<908-02264 Sual"#.I>4UY -fa-Hte Cftico<]o Ti+te {11~ Cotfrf'<r-y as ~rveyed Jul'f 11,/979. 12oc:erzICk; VAtV 7l.JYL.,RC. _ /?.. v.......-- ?:~_ L.iCeNsed LClHd Su~ e~npcr+ New YOI"'.t (0 ;< ":.:1 ,.;, _" ~. ,.' :, ~;.;I( ;:.; , e{ 04 ('.r:,_:;-",-\. ,c-~,:,;: h"l'<Jl L, -~ "'., ni ...,j ~ JJ I ,\) -:l 0' f1. k '< /~ _ 'V .......... ,';',.-',-:'.jt';,J. . ",. .../~ ,;(,,'.1('\ :.""1:" DAti tJ:~.-:.:r~~~;.-:-:.;~ j ''''; :;.....'u 4,';; '.-,F"_:nd',-~ ".'" 4":' ,C,;',' '''''',',;,:;...,'-',.,-: "':) l-- , .~ .... "-, f'>WffotJG Cc,7-::0; lvlaf) C,aS{9tK1+iOH: ....., Oi:-,f~/c+ 1000,Secfion 050, Bloc;'; f I parf- .,t Pewee f /8. ~::' "'-~:._,,',-~',i"~ ;'-',';:f.' . .'~. ~:"",;-- . 1', ,"," '- r'; ~, ~ICk:: r ~ ~ .~ ~ tv t 't' ~ ,. ;> . 0,., ':It ~ ~ ~ < i i ~ I ~ I ;; ~ .~ j ~ I j; I. . ~ r;. ,'" " . ~ ~ " 1I_; ~ ~'; t<- ----'-.. ---_... --~.------ ~ ~ -f; + . f f i !f ~, ~ I , __-1 .. D Southold. N.Y. 11971 (516) 765-1938 September 13, 1984 Mr. James F. Presuon P.O. Box 1422 Horton's Pt. Extension Southold, NY 11971 Re: Set-off for James Preston Dear Mr. Preston: Please let this confirm the action of the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board approve the set-off of Helen H. and Arthur W. Rathje, Jr., for applicant James F. Preston, plans dated July 11, 1979, located at Southold, subject to: 1. Approval of the Zoning Board of Appeals for insufficient area. If you have any questions, please don't hesitate to contact our office. very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ~OUTHOLD TOWN PLANNING BOARD . ~fJ.-.dt O"JJS0SR..: ().., d-~ By Diane M. Schultze, 'stcretary cc: Zoning Board of Appeals Herbert Kramer, esq. for Rathje .. .. D Southold. N. Y. 11971 (516) 765-1938 December 6, 1984 Mr. and Mrs. James F. Preston P.O. Box 1422 Southold, NY 11971 Re; Set-off for James Preston located at Southold Dear Mr. and Mrs. Preston: Enclosed please find a survey for the above mentioned approved set-off which has been endorsed by the Chairman. Very truly yours, \{);; O. U' 'Yvt (x:/tULU2-~ S{ale M. ~chultze, secretary Southold Town Planning Board enc. cc: Herbert Kramer wi enc. OCT 18'84- .. Southold Town- Board of Appeals MAIN ROAO - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3289 Application Dated September 12, 1984 TO: Mr. and Mrs. James F. P.O. Box 1422 Southold, NY 11971 Preston [Appellant (s) 1 At a Meeting of the Zoning Board of Appeals held on October 11, 1984, the above appeal was considered, and the action indicated below was taken on your 1 Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [l Request for Special Exception under the Zoning Ordinance Article , Section [Xl Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [ 1 Request for Upon application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning Ordlnance, Article III, Section 100-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18.00). The board made the following findings and determination: By this appeal, the appl icants seek a variance to Article III, Section 100-31, Bulk Schedule of the Zoning Code, for approval of the insufficient area of 59,275.50I sq. ft. and insufficient width of 150 feet of a vacant parcel of land in this proposed set-off division which is bounded on its east: and west property lines by private rights-of-way and bounded on its north and east sides by property now or formerly of Witherspoon. The parcel in question was part of a 1979 subdivision application before the Planning Board which has not been finalized due to certain covenants and restrictions were were required to be filed by the applicant at that time. On August 31, 1979, the subject parcel was sold by C.S. Witherspoon to Arthur W. Rathje, Jr. and wife at Liber 8670 cp232. For the record it is noted that although the 1979 subdivision has not been finalized, the Planning Board at its Meeting of September 10, 1984 approved this parcel of land as a "set-off" provided under Section 106-13 of the Code. For the record it is also noted that the neighborhood consists of several parcels of the same or similar size, and therefore the granting of the requested relief will not adversely affect the character of this neighborhood. In considering this appeal, the board determines: (a) that the relief as approved is not substantial in relation to the zoning requirements; (b) that by allowing the relief, no substantial detri- ment to adjoining properties would be created; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes of zoning; (e) that the interests of justice will be served by allowing the variance, as applied. ~ \O\~~ tf DATED: October (CONTINUED ON PAGE TWO) 17 ,1984. CHAIRMAN, SOUTH OLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3289 Matter of JAMES F. PRESTON Decision Rendered October 11, 1984 Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that the application of JAMES F. PRESTON for approval of insufficient area and width of parcel in this set-off of land as approved by the Planning Board, BE AND HEREBY IS APPROVED AS APPLIED and subject to referral to the Suffolk County Planning Commission in accordance with Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South known as Hyatt Road, Southold, NY; 50-001-18.3 (part of 18.00). Side of private right-of-way County Tax Map Parcel No. 1000- Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. * * * 1 k R, CHAIRMAN .. .. ","YHTU "IJTm1W4r f}{t'\'. I If?K) - CONTf{At'l OJ- SAU. .. .. SEP 18 1984 "./. WARNING: NO REPRESENTATION ]S MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL EST ATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE S]GN]NG ]T. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5.131] of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. DATE: CONTRACT OF SALE made as of the BETWEEN day of .J:ulY ,19 84 PARTIES: ARTHUR W. RATHJE, JR. and HELEN H. RATHJE Address: 220 Home Street, Valley Stream, New York hereinafter called "SELLER", who agrees to sell; and JAMES F. PRESTON and ELLEN M. PRESTON Address: P. O. Box 1422 Southold, New York 11971 PREMISES: hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described on a separate page marked "~~," and also known as: Approximately 1.5 acres of vacant land located on Street Address: a private road known as Hyatt Road in Southold, New York Tax Map Designation: Dist. 1000; SeC. 50; Blk. 001; Lot Part of 18 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. PERSONAL S, PROPERTY. unless specifically excluded below. SELLER states that they are paid for and owned by SELL ear of any lien other than the EXISTING MORTGAGE(S). They include but are not limo 109, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, doo netlan blinds, shades, screens, awnings, storm windows, wmdow boxes. storm doors. mall er vanes, flagpoles. pumps. shrubbery, fencing, outdoor statuary, tool sheds, I dlsh\\ ashers mes, clothes dryers, garbage disposal units. ranges. refrigerators, freezers, air conditioning I I , EJl.chIB.DB fuI.1 1Lnll.flla are: rtHl.iHUf! luui 1.8tWehe1d ftirm.d.:..t,~, PURCHASI PRICE: l. (a) The purchase price is $ 55,000.00 Payable as follows: IOn the signin~ of this contract, by check subject to collection: to be I escrow by Sellers attorney until closing f~~~' tALANCE AT CLOSING: held in $ 5,500.00 , $ ~: s s 49,500.00 {hI If ll.:... ~_IE: 13 tltibj.!8t 18 all [Xlf:::TlJ']( n9Rf{: A ~E, 1NB PWrGRai:\l U~~n: "1~10 ,>~...! UM;e~l?'" ".;11 ..1~~ PM";...!o .h:'t . will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE ended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard for , ew York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mortgage r ng tax, recording fees and the attorney.s fee in the amount of $ for its preparation. , I c I If any reqUIred payments are madc on an EXIST]NG MOR between now and CLOSING WhICh reduce the I unpaid principal amount of an EXISTING MORTGAGE he amount shown in paragraph ~. then the balance of the ! price payable at CLOSING will be adjusted. SE . agrees that the amount shown in Paragraph 2 is reasonably comct and that only payments reqUIred by tho E . ,G MORTGAGE will be made. I d I If tline j rrg.age escrow account thJt i~ maintained for the purpose of paying taxes or insurance. etc. SELLER shall :.J~ 10 Pl'RC'HASER. if it can h(" <lssignrd. In that cvt"nt PURCHASER shall pay the amount in the e:-crow accoun! LXISTlNG MOI<H;AGE(S): ACCEPTABLE FUNDS: o Mortgap:e now in the unpaid principal amount of $ presently payable in installments of $ and with any balance of principal bein and i at the rate of per cent per year, , which include principal, interest, payable on SELLE states that no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage to 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER. or official check of any bank.. savings bank. trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an indiVidual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the Eurchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of Five hundred ($ 500,00 ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. ''SUHJECTTO'' 4. The PREMISES are to be transferred subject to: PROVISIONS: TITLE COMPANY APPROVAL: CLOSING DEFINED AND FORM OF DFED: CLOSING l.lA TE AND PLACL HROKEI< : STREETS AND ASSIGI'. MENT 01 UNPAID AWARDS: MORTGAGEE'S CERTIFICATE OR LETTER AS TO EXISTING MORTCAGt{S): COMI'L1ANCl \11TH STATE -\t\IJ MUI>ICII'AL DEP>\RTMLNT VIOLA T10",S Al'WOl<llrl<s: O'IIT IFTH! I'I<OI'I'I<T\ tS 'OT " TH! CITY 01 ~[WYOkK. I",>I.\LL'II'T .\~~:-.l ;.S'~lIl\T. a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. 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, Any statement of facts an accurate survey may show, provided same does not render title unmarketable. 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company ,a member of The New Yark Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other lWder thj, <;,o~\lt;lct, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a =gal.I1C<:)CUe w/grantor's covenants deed in proper statutory form for recording so as to transfer full ownership (fee simple title.1 to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the lien Law. I. ' of IDirector~ authorizin!! the sale and delivery of the deed, and (\'I) a certifica SSlstant Secretary of the lcorporahon certifying such resolu . acts showing that the transfer is in conformity with the 1 Jon of the Business Corporation Law. The deed in such case shall contain a recital sufficient to ijlHaBiish t!eFflJlliaH6tl . i:Fi tRill CCJti8R. 7. {,LO~ING will take. place at the offIce of Clay tOIl, Miller & H1ghway, tlauppauge, New York 11 88 2: 00 p. m o'clock on July 20 1984 6'" ~<A~ '-z.~ ~. PURCHASER hereby Slates that PURCHASER has not dealt with any broke, in connection with this sale other than Albertson Real Estate, Main Road, Southold, New York at Mayer, 38 Kings 014 '-'~ SA.-nI..~~7\W and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway. opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER Ita any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reas-on of \Change of grade of any street or highway. SELLER will deliver al no additional cost 10 PURCHASER. at CLOSING. or th~reafter. on demand. any documents whICh PURCHASER may require to collect thr award and damages. I 10. SELLER agrees 10 deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, In form for recording. certifying the amount of the unpaid principal and interest. date of maturity. and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274.a. Real Property Law. it may. instead of the certificate. furnish an unqualified letter dated not more than thirty (301 days he fore CLOSING containing the same information. SELLER here-by states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. II. a. SELLER will comply with all notes or notices of viulations of law or municipal ordinances. orders or requirements notl'd in or issued by any governmental department haVIng authority as to lands, housing. buildings. fire. health and labor conditions affeclIng the PREMISES at the date hereof. The PREMISES 1hall be transferred free of them at CLOSING and this provision shi:lll survive CLOSING. 51:: LLER shall furnish PURCHASfR. with any authorizations necessary to make the seaTches that could disclose these matters. 1. /.ll ~ bLt-..l;v..... ..ff......l:..o lI.... rn[;.lISLS. "............1 1'...,........1 ~u .1... ).dJU~II;~uo.~~(. (ud... uf dlt: (.iL) VI 1,1,::'0\ I UJII. VJlur ,I(, (,LOSI~j(; ....d. I'<l.' ..'uk ~i-l uam..., :\1,01; 1.... d.I:o...JI.:&J~'" d 1.., SLLL[R 01 CLOSH~G. ll,~~ pJU';:'~UJl :.11.<111 :'UI "he (: L0311~G. 12. If at lhe time of CLOSI~G th..' PRi':\lISES are affected hy an assessment which is or ml:lY hecotlle payable in annual : Iflslallml'nls. and the first installnH'1l1 ]~ then a lien. or hl:ls heen paid. then fOT the purposes of tllls l:onlract all thl' unpaid 11O~liJIlJlll'nb shall ht consideTt'd dUl~ and iJre 10 Ill: paid by SELL ER at CLOSING. i 1 1 .- . .. .. RIDER TO CONTRACT OF SALE DA TE!); BETWEEN; PREMISES; Notwithstanding anything hereinbefore contained to the contrary, it is agreed as follows; I. The premises are to be transferred subject to; (a) Any state of facts an accurate survey may show provided same does not render title unmarketable. (b) Public utility easements within 10 feet of the perimeter of the premises provided that no presently existing structures are located within the area of easement. (c) Covenants, restrictions, reservations and agreements provided same are not violated by existing structures or present use thereof. (d) Zoning and building restrictions, ordinances and regulations now or hereafter adopted by the village, town, county or municipality having jurisdiction of the presmises or any part thereof. (e) Variations, if any, between fences, retaining walls and the like and the . lines of record title. 2. Any action or proceeding arisjng out of this agreement shall be commenced and triable in the Supreme Court, Suffolk County, County Court, Suffolk County; or District Court of Suffolk County, whichever shall be the lowest court having jurisdiction of the subject matter of the action, and in no other court. Any such action shall be commenced within one (t) year from the time of accrual of such cause of action. 3. The Purchaser(s) shall save the Seller(s) harmless and indemnify the Seller(s) from any and all broker's commissions not referred to herein that may arise from the acts of Purchaser(s) or their representatives or that may be claimed against the Seller(s) by, through or on account of any acts of the Purchaser(s) or their representatives, or all of these. The provisions of this clause shall survive delivery of the deed hereunder. 4. The Purchaser(s) agree to deliver to the attorneys for the Seller(s) herein a list of any obligations or violations which may appear on any title examina- tion that the Purchaser(s) obtain and if any objections appear which cannot be cleared by the Seller(s) by the time set forth for the closing of title herein, then the Seller(s) shall be entitled to a reasonable adjournment for the purpose of removing such objections or violations but Seller(s) shall have no obligation to incur any expense to clear any title exceptions. In the event Seller(s) elect not to clear such exceptions, then and in that event, upon the return to the Purchaser(s) of the down payment herein, this contract shall be deemed null and void and there shall be no further liability between the parties. Notwithstanding the provisions of Article 20, the sole liability of the Seller will be to refund the money paid by the Purchaser together with the reasonable cost of the title search not to exceed One lIundred Dollars ($100.00). 1 .. . . .. .. 5. It is understood and agreed that this contract cannot be assigned without the written consent of the Seller(s). 6. The down payment will be held in escrow until closing of title or until such earlier time as Seller(s) is entitled to the same by virtue of Purchaser(s)' default. 7.. The parties agree that any arithmetical error made in the computation at the closing shall be corrected and proper adjustments made if written notice thereof is given to the other party or such party's attorney within fifteen (15) days afte.r closing, specifying and documenting the claimed error. 8. Notices relating to this contract shall be given to either party's attorney by certified mail, return receipt requested. Notices given pursuant to this paragraph shall be binding upon all parties as though said notice was given or received by such party in person 9. This contract shall not be deemed binding upon the Seller(s) unless and until the Seller(s) has affixed his/her handwritten signature to this contract and until such time Seller(s) may withdraw the property from sale to the Purchaser(s). 10. The acceptance of a deed by Purchaser(s) shall be deemed full performance by and discharge of Seller(s) of all terms, conditions and agreements made or required to be performed hereunder and no liability, therefore, on the part of the Seller(s} shall survive the delivery of the deed unless otherwise agreed to between the parties in writing. uh'----'" , , . Purchaser () L.A..~h) '---' '^' Seller i . 2 .y'POl\'fJ,CJN. M~.~T~; WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICE TO PAY ENCUM. BRANCES: AFFIDAVIT AS TO JUDGMENTS, BANKRUPT- CIES.: DEED TRANSFER AND RECORDING TAXES: PURCHASER'S LIEN: SELLER'S INABILITY TO CONVEY AND LIMITATION OF LIABILITY: CONDITION OF PROPERTY: ENll RE AGREEMENT: CHANGES MUST BE IN WRITING: SINGULAR ALSO MEANS PLURAL: ~~ 1 (a) Rents as and when collected. insurance policies and Ten Interest on EXISTING ~ . emlums on existing transferable lOT 0 LOSING. (d) Taxes, water 'charges and sewer rents, on the basis If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there he a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any. shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of 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. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. 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 a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. lB. At CLOSING, SELLER shall deliver a certified check 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, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for": (i) examining 'the' titIe,"(ii) any appropriate additional searches made in accordance with this contract, and (tii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them has is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonahle notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. it comRletely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. . 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. 25. This contract is expressly conditional and subject to sellers being able to provide written evidence of the fact that the subject parcel has been granted a "vacant land certificate of occupancy showing approved access" by the Town of Southo1d. 26. In addition to the purchase price, the purchasers will also pay interest on $55,000 at a rate of 12 percent per annum fram ~0 the date of closing. This provision will have no effect should closing not t K. 1a e,; I obtaining~ acant Southold said J."""5icC('~ ;..... , land certificate of e , 27. In reference to paragraph 1t25 above, seller shall be responsible for costs incurred in obtaining said certificate of occupancy fran the Town of Southo1d. In the event that said costs shall exceed $150, seller shall have the option to withdraw fran this contract and return all m.meys paid by the purchasers thus far. In the event that the seller decides not to incur such costs, he may give notice to the purchasers and purchasers may decide to incur such costs if they with to continue to closing. ...! .It' -j '-- STATE OF NEW YORK, COUNTY OF On the day of personally came $SO 19 . before me STATE OF NEW YORKtUNtOF On the day of personally came 19 $SO . before me . . . .. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of personally came ':.d"'" to me known, who, being by me duly sworn, did depose and say that he resides at No. 19 IS: , before me STATE OF NEW YORK, COUNTY OF On the day of 19 personally came to me known and known to me to be a partner in 5S: . before me that he is the of ..t". .':': . a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name. Bnd said duly acknowledged-o that 'he' executed the foregoing instrument for and on behalf of said partnership. , the-: corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. Dosing of title under the within contract is hereby adjourned to o'clock, at as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated. 19 19 . at ; title to be closed and all adjustments to be made Purchaser Assignee of Purchaser ClIontrarl of ~alt PREMISES From: 50 001 Lot Part of 18 County o/Town SuffolkjSouthold Street Numbered Address TITLE NO. Section Block ARI'HUR W. and HELEN H. RATIIJE Recorded At Request of First American Title Insurance Company af New )"ork RETURN BY MAIL TO: To: JAMES F. and ELLEN M. PRESTON ZIP No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS DIStributed by First American Title Insurance Company,oJ New HOME OFFICE 1050 Franklin Avenue Garden City. New York 11530 (516: 742-7500 ,212; 895-3430 York SI'H'OLK OFFICE :!I0(.UIIJI ~llt't'l Kl\('dll'..d, :\t'\\' YOlk) I!KiI (:)IIJI1~1"30~O 1,~d(JI ;~i.:)iOO I'(EII' YORK OFFICE 170 BJOadw.n Nt'w YOlk. !'\l'W Yo;k 10038 (212) 962.27.12 II f.''! CIlf.Sn.R OHIU 1 :\unl1 HIO.III\\'i1~ Whilt' I'laim. :\to\\ 'ulk IOhOl (~I\tl ~IY7.IHI BR(JOKL Y!'i OFFICE 1 Hl'I \IOIll;.tgllt. Stn.el hlOOkl\"ll, :'\t'W Yurk 11201 (212) 2:ii-7HOO - . . SEP 5 1984 JAMES F. PRESTON CERTIFIED PUBLIC ACCOUNTANT P.O. BOX 1422 HORTON'S PT. EXTENSION SOUTHOLD, N.Y. 11971 516-765-1115 Septmeber 5, 1984 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town of Southold Southold, New York 11971 Dear Mr. Orlowski, RE: Offset Application Enclosed please find our completed application for consideration by the board. The application is for the sole purpose of obtaining a certificate of occupancy for vacant land showing approved access. I trust the enclosed to be complete and that you or your staff will advise me immediately of any additional material or documentation necessary to finish the process. Thankyou for your assistance in this rather cumbersome matter. ghe't Rer~~~ Preston . . t. SEP 5 19M . -..... .'. "', . .,0'-;'- , , .r, 'f; '. "- " . . 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 plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: contract obligee 1. The applicant is the ~,x_~ record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under applkation.) 2 Th f h b'd'" . b Not annlicable . e name 0 t e su IVl$lOn IS to, e .".........~...J;,................................-:..... ................................................................................................ 3. The entire land under application is described in Schedule" An hereto annexed. (Copy of deed suggested.) , 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: , 8670' 232 Liber ........................ Page ...................... Liber ;....................... Page ...................... On !:1;1${~!'.1;..~!..~??~...; On ......................., Liber ........................ Page On ........................ Liber ........................ Page On ......................., Liber ...............".............. Page ...................... On ........................ as devised under the Last Will and Testament of ....................................... or as distributee ................................................................................ ................................................................................................. S. The area of the land is ....; .:l;.?......... acres. 6. All taxes which are liens on the land at the date hereof have been paid except None ............ . .... '~ ............................................................................................... 7. The land is encumbered by mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Pag-e ....:............. in original amollnt Not.. encumbered .............................................................. of $. . . .. .... ..... unpaid amount $ ..................... he1<l by ...................... . . . . . . . . . . . . .. address .................................................................. (b) :>10rtg-ag-e recorded in Liber ......... Fag-e ....................... in original amount of ............. . unpaid amount $. . . . . . . . . . . . . . . . . . . ... held by ...................... . . . . . . . . . . . . .. address ................. .............................................. i I , I L .... . . ---.+-,.-.,"~- ~ -, '"-'.' ~ .~..,... ^, . . " . ./."~ . ,., '. . , '-, .. ~ .,!" '"" . ." (c) nIortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $...... .... ... .. .. ..... held by ...................... . . .. . . . .. . . .. .. .. . . . .. address ......................................................... 8. There are no other encumbrances or liens against the land except .. .ij9.Il~................ ....................................................................................... 9 TI I d I. . h f II' . d" Residential . . le an les In t e 0 O\Vlng ;zonIng use Istrlcts ........ ..~. .. .. ...... .... .. .... .... ., .. ........................................................................................ 10. No part of the land lies under water whether tide water, stream. pond water or otherwise, ex. None cept ........... ..,..................................................................... 11. The applicant shall at his ex!?ense install all required public impro\'ements. 12. The land ~~ (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if within a District, is ... .... .................. ........ .. ............................. 13. \Vater mains will be laid by ............................................................ and (a) (no) charge will be made for installing said mains. .... 14. Electric lines and standards will be installed by . ...:rp.)l)~P.. r.... .qI)fL ?U.ElI)..];l....r.li"~.f!ton ................................ ..... and (a) (no) charge will be made for installing said lines. " 15 G . '11 b' II db .Not applicable . - . as maIns 'VI e Insta e y. .. .. . . " . . .. . . . . .. . . .. .. . . .. .. .. . . .. .. .. ......... ........:. . and (a) (no) charge will be made for inst~lling s~id mains. - 16. If streets shown on the plat arc claimed by t.!).e applicant to be existing public streets in the Suffolk County Highway system, annex Schcdul~ "n" hereto, to show s~me. N/A 17. If streets show~ on thc plat are c1aiJ!led by the applicant to be existing public streets in the Town of Southold Highway s)'stem, annex Schedule "e" hereto to show samc. N/A 18. There are no existing buildings or structures 011 the 1~1lf.1 which arc not located and shown on the plat. 19. \Vhere the plat shows proposed streets \\' hich are extensions of streets on ac.ljoinil1g' sub. division maps heretoforc filcd, there are no rcserve strips at thc end of the streets on said ~xistin6 m:1ps at their conjunctions with the proposed streets. 20. In the eoursc of thcse proeeedin:.;s, the "1'1' lie:lIIt will oii.r proof of title os reqnired by Scc. 335 of the Real Property Law. 21. Submit a cop)' of proposed dced for lots showi~;:- all rrstrictions, eo\'enants, '\:IC. Allnc:c Schedule "D". .... .,.,...~'".c.<::-_..-~..~~.,~.~"?il'J'"~~'ill'.-'-'~.....,.~T.'.,.....,..~,,,...~.'~i7:",~"""'I'P."i,~"-,-""~"" ........,-'.'"":F.,.'"7~-'..,',~~.,.:,... . .- . - " . . ., I, ". ~ ." . . ". . .. .\ ....:.,. . ,. 22. The applicant estimates that the cost of grading and required public improvcments will be $..... ..... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at'. .. .. . . .. . . . .. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule:. uF". Not applicable DATE .. ~.~r.t;~~~.r...~............, 19..~~ rE n f\,- .................... York 11971 STATE OF NEW YORK, COUNTY OF ....~~!:'f.~~~~.. ............. ss: On the... ..5.~~....... ~ day of..... .5~~.T~~,~'f;-;......., 19.'?:;.~(., before me personally Came ..~~~~. .~:. S2~~l!o.iP~...,..... to me known to be th~ individual described in and'~~ho executed the foregoing instrument, and acknowledged that.. .~~. ..... executed the fiame. '" ' ..... ..~.~~................. Notary Public TtRRl lEt EtAIl IlOTARY PUBUC. State of Ne.. Vork No. 51-6168295 . . Qualrtied In Sullo," County . ST ATE OF NEW YORK, COUNTY OF ........ . ... ........... .. ... ss: Commission ExojnlS Mlrch 30. ltU On the ................ day............ of .............., 19....... beiore me personally came . . . . . .. . ... . ... . . . .. . ..... . tej"nte known. who being by me dul)' sworn did de- pose and fiay that ............ resides at N,!'. .................................................... . . . . .. . . .. .. .. ... . ..... . ........ . that .......................... is the .......... .. .. .. . .. .. .. .. ... of .......................................................................... the corpor01lion clescrihecl in and which executed the foregoing' instrument; that,....... ,.... knows the seal of said corporation: that the seal affixed hy order of the board of directors of said corporation. all<1 that............ sij:;ncd .............. name thereto by like order. .............. . Notary Public. ............................... .... . . .,' f' . . ~ . Southold Town Planning Board Town Hall Southold, New York 11971 Re: Our application for a Certificate of Occupancy Gentlemen: The following 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 grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. truly, ~ ~, . ~ Prest <". . . . " . . ^ ... ~ . 6. Approximate percenta;e of proposed project site with slopes: greater ___-.. . . 0-10: .. -". . f .." 10-15: -!.-.":i 15: or .~.. 7. listed on the lIational Register of Historic Is project contiguous to. or contain a building or site Places? _Yes ..x.-/lo 8. What is the depth to the water table? ~feet ~ hunting or fishing opportunities presently exist in the project area? _Yes ~Io 9. 10. Ooes project site contain any species of plant or animal life that is identified as threatened or endanc..ed - _Yes ~lo, according to - Identify each species 11. Are ~~ere any unique or unusual land forms on tho project site? (I.e. cliffs. dunes. other geological formaticns . _Yes ~~o. .(Oescribe 12. Is the project site presently used by the community or neighborhood as an open space or"recreation area-_Yes ~/lo. .' .... ,',. .,....... . .... :.' '.c' . 4 ~ . 13. Ooesthe present site offer Or include scenic views or vistas known to be important to .the coamunity? " _Yes ~Io . 14. Streams within or contiguous to project area: . .:- ......... a. /lame of stream and name of river to which it is tributary None /, ~ ..1.. '^ ... i 15. Lakes. Ponds, Wetland areas within Or contiguous to project area: a. /larr.e None I b. Size (in acres) '16. What is the dominant land use and zoning classification within a 1/4 mil. radius of the project (e.g~ single family residential. R-2) and the scale of development (e.g. 2 story). . Single family residential; 2 story. . .. B. PROJECT OESCRIPTIOII' . ' . .. . 1. Physical dimensions and scale of project (fill in dimensions as appropriate) , a. Total contiguous acreage owned by project sponsor 1. 5 acres. b. Project aCreage developed: ~ aCres initially; l:.:2.. aeru ul tfmately. .. c. Project acreage to 'remain undeveloped None .' . ... ";~',~ . .' .' ..... d. length of project. fnmfles: N/A (if appropriate) ......._. .... If project is an ';'pansion of existing. indicate pe~cent of .xpansi,on proposed: building'square foot- age NLA ; developed acreage . ' , ' f. IlUl1'ber of off-st~t parking spa,ces existing N7A:""; ~roPos~d g. Maximum vehicular trips generated per hour N/A (upon completion of project) h. If residential: N~er and type of housing units: One 'Family Inftial 1 Ultim~te 1 Two Family Multiple Family Condominium i. If: Orientation Nef9hborhood-Cltl-Regional Estimated Employment Come rcia I Industria I ,;+'::'.' .~}. ...4.:..:. .....,....:.;.:., .: :.:..~. .... ~ ',., .' .. ~.'~:?;,~) 1; :'~_:J:?t~ir:~.~ . J. Total height of tallest proposed structure .~ 25 feet. . . .,.')q .....Iltt ,." " . ...... t...."" e. ~'. ", TOWN OF S OUTHOLD ENVIRONMENTAL ASSESSMENT - PART I . - PROJECT I~70RMATION ~OT:C:;:: ;h15 .~oe:ur.e"t l, duioned to aui,t in det.,.",ininq "'"et~e~ :'':e .Ietfon ~ropond ..ay nave! 1fqnifieant If~!c: :m the !!1virenment. Ple!sa c~rr.alet! t:'. -ent1r'! ~at~ Sheet. Mswlr,!:o ~hesa .~uestlons ".iH ~e c::)"I;o9:r-ed :5 :Iar"'t of ':.,"e !(lpl iCJ.tion for aporoval ind i'l\iY be' 5uoj~,: to further- '/l!rtf'fc~tion Ind ;:lubtic r!:v1ew. Provide !ny ~Qait;Qrtal information ~ou oel1eve w;ll ~e neeced :0 cornel lee ?ART3 2 and J. ". ~: is !xaee:e: t~at =Qmale~ian of ~"e €AF will be depende~ ~n tnfonmat~Qn currently available !nd ~;11 not nvahe new s...uc1.es..~a.!iad~:! or fnvest1qa'tion. tf fnform!':1on rsQufMng such aac:i;fonal . ark fs~Un4Yi1~t1Dle.' . ", s" fnd1CJ.t! U1d SCee1i"Y ~!.c.., tns;:anc:e. .' , .. ~ . 0,; . .....:.;...:-~~ ..:. ", ~A'.1€ .1F pqOJECi~ 'lA,". ~IIO .~CCR:;:SS OF mINER It( Oiff.~"tl -'" _:~'-X'ppnca:t:lbn 'o:f"~Jil:il\es F" and Ellen M. Preston .. .... (.'Iame; .' " . . " AO"~~jS z:m m\r~E OF .~l'D'-[C.~NT: (Str'!1!c) James F. and Ellen M. Presto~ (~icliI:e1 '" 'Hortons-..Po'int..'......._. {".'J., (Scate) . l~~P) ilUS't/lESS ?HOrrE: (Si:r"e!!t; - ..----:-__" . - ..- .. ~..._,_,u..._...:.......-_..~_~ ...'-._..._:....~--:...,.....::......"._., Southold, New York 11971 1~.'J. i ,:;tac.) ,~IPJ ;.....,.... OE,:;R!?r!o~! OF oOQJE~7: (S~ief1y dese~tbe t~p. of ?roje~ ?r .e~fon) Application 'for Certificate of Occupancy for' vacant land' showing' approved access. FiLing necessary to perfect variance. (?~!..SE COI!P~Ei..tACH CUESi.OIl - [ndic~te 11..1. If not IDolle,.l..l ." ., . . . A. . 51;! :;ESC:!I?T!OII .,.!~"",; . V'a.cantLai1d,>Qji.f:i<ii'i.A:t.1;. i.1!o0:a.P.i.:;.''''....,..: ." t """'jC,".i;;i,r-, ~li': . ":iT,... .:.: -..~:--" '. .-' '.'.'- " .....'..:....'.~..,.,.. ..,:t....,.....,..~~~ (Phy'!J 1 c.!l iat':in; of ovent1 project:. bath deveTeaec !n4 lolftcevelcaeci artas) '~"_i~:~:,~~~\: ~~-j)i':tij.j.~:'~'::'~;(.' 1. G~ner!1 e.':arae~.~ of t.~e land: r..neraily unifom sloDe ...as...' G.ne~al1y t:neven and n:l111nq ~~.I~...~ula~ ""1" , .. "";.;;&:l.~: .:...-:14.'....,. ?r'!sant ~and :.Ese: Urban , . 1 Aqr1culturt ,~~ - - .' \.. tndus~~,.l _, Comme~,.1 ,..,',," _" SLlDuroan -' ~u:"!T'_" '::or~s't X J. i"oc31 4cr:~~ge Q7 ;7roJect area: 1. 5acr!s~ ~....' ".'- ..~., ' ,....-.... A~9roximata !c~!qe: .> ."'--!o- ?resantly ,\fta~ CD,"p'at~on ' .j" ~ ",. I .:.. ,,<.\'. .','.:., .....:.'., ~rese~tly After ~cmoret1on . ~eldcw or 3rusnlclnd 1 !c:r!S - .1.-:C:'"'!S 1/ 2 !e~es ;'", ~at!rSurl3ce ~~a _!C:"'U _!Cr<!S " ~er'!s :.ae 1/ 2 le~'s - . ~q~ c:..I o;~r!.1 _f.cr~s _!C:"'!5 .'."'" :UnV!~'taCed {~e~, I.r,,:::i or fl1 t; _lC:""~S _lcr:s ~e~l:nc (~~snw.t!r o~ Tf.n! ~s ::~,. ~""::1-::!5 :e. ~5 ~r !.:.:..) ,....,....., .cad3. ~ulld~n1S ,ar.:: ":'''':ar ;)aV!~ 3lJr~~Cl'S _ler~5 -...:-lC!"'!S . _lcr,s" ,_!C:"'!' ~t::el'" (:1101C.1:3 ::i'~ej !c::"'!S _iC:"'!S ..t. ~ho1: Is ']r'!":cm':n!nt ,eli .tY'I!(') "n ~ro!f(': :;~~I? Not. available 5. ~. A,.! ~~!r, ~ec~cx :ut:~~~1n~s :n '~jee~ S~:I? _____t~! ~'o " ~. .~!t f5 ~a~t~ ~~ :ed~:cx? Not available (t:: .r..~) . . ". .~ ULna . '.Z,,,.~.'f~~~,~-:.1_it~r< .~~ ... .., ...... . . '* , ....:.~.~:..~....:,:..:"~.:I;.:.c':..;.._,'..~.__,~.:. ,::~~,:':-~~4:-:~::.:;I'L:;',;:~.:': -~.. ~~_7 .. ..__.___.....'" .-~:;;-."':,"'." .. ..........~...1"1 ':" ,. ...... ~.t~: '~-'''' "q,., , .- .. . ~, ..2~ Ho\., much natu:'"Jl m.3.terial (1.e. rock, earth, etc.) will be re!r.o'led from the site.. None tons .. ., .. , " cubic. yards. 3. How many acres of vegetation (trees, shrubs. ground covers) will be removed from site ~one acres. 4. Will any mature forest (over 100 years old) or otoer locally-Im.ortant vegetation be removed by this project? _Yes ~'(o Are there any plans for re-vagetation to replace that removed during construction? ______Ves ~No If single phasa project: Anticipated period of construction ~months, (Including demolition). s. . 6. 0 -- 7. If multi-phasod project: a. Total number of .hasas antidpated -:.LNo. b. Anticipated date of commencement phase 1 ______month -----year (including demolition) c. Approximate completion date final phase ...onth ---year. d. Is phase 1 financially dependant on subsequent phasas?______Ves ~o 8. Will blasting occur during construction? ______Ves ~No g. Number of jobs generated: during construction --fL-; after project is complete -'L--. 10. Number of jobS eliminated by this project ______. 11. Will project require relocation of any projects or facllities?______Ves ~No. If yes. explain: 12. a. Is surface or subsurf.ace liquid waste dis.osal involved? ______Ves ~No. b. If yes, Indicate type of waste (sewaga. industrial. etc.) c. If surface disposal name of streom into which effluent will be discharged 13. Will surface area or existing lakes, ponds, stre~s, bays or other surface waterAays be increased or decreased by .roposa!? ______yes ~No. 14. Is project or any portion of project located in the 100 year flood plain? ______Ves ~No 15. a. Does project Involve disposal of solid waste? ______Ves ~No b. If yes, will an existing solid waste disposal facility be used? ______Ves ______No .'''. c. If yes. give name: ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? -L----Ves ______No 16. Will project use herbicides or pesticides? ______yes ~~o 17. Wi 11 project routinely produce odors (more than one hour per day)? _Ves ~Ho 18. Will project produce operating noise exceeding the local ambience noise levels? ______Ves ~No 19. Will project resul~ in an increase in energy use? _Ves ~No. If yes, Indicate type(s) , 20. If water supply is from wells indicate pur.:ping capacity 4" gals/minute. Submersible 21. Total antidpatad water usaga per day _ 125 gals/day. 21. Zoning: a. What is dCr:1inant 'zoning classiffcaticn of ,site? b. Curr<ant s;:lec1fic zoning cl.3.ssific.ltion of 5i::2 c. [s prcposad use cOP1sis:ant wit!'! j1re3~nt zoning? d. [f no, indicate desired zoning Residential Residential Residential '- .-- 1. -3- -- '"~i.~f.~: ,:"_r-:;,.!,~r4!~J:< . -'-'- 26. Approvals: . . a. Is any Federal permit reqalred? ______yes ~,o . . -, " . . b. Does project involve State or Federal funding or financing? ______yes ~No c. local and Regional approvals: City, Town, Village Board C~ty, Town, Village Planning Soard City, Town, Zoning Board City, County Health Department Other local agenCies Other regional agencies State Agencies Federal Agencies C. INFOR.'1ATIONAl DETAILS Attach any additional info~atlo adverse Impacts associated with taken to mitigate or avoid them. PREPARER'S SI~:ATURE: , TITLE: REPRESE,~TING : , DATE: " ..'1..,:..-..-. t=', , Approval Required (Yes, 110) (Type) Submittal (Date) '. Approval (Date) clarify your project. If there are or may be any iscuss such Impacts and the measures which can be September 4, 1984 * ",.r.: ." '{.~. ~ .,..... , 'u:~..::..;.t' . . ...... ,,....,.-.. .-... " ~I'-', .. . '...... -..::. 'r.":~~~_..." , ,'" '\ ,::~~i~', . . . , QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York Slate Tidal Wetlands and Use Rcguldtions, 6 NYCRR, Part 661, requires an application to the N. Y .5. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brool<. NY 11794, (tel. 516-751--7900). if you have checked Box #1 and/or Box #6 below. Ple<lsc either c<l1I their office or pel-sonally visit them at their Stony BI-ook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z. B.A. application. ] I. Waterfront without bulkheading [] 2. Waterfront with bulkheading in good condition ) the full length of the property ] at least 100' in length [ X] 3. Not located within 300' of waterfrvnt or wetlands area ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separiJtes my property from this environmental area: [ ] SO' existing road [ ] existing structures [ ] bluff area mOl-e than 10' in elevation above mean sea level S. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review ilnd approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevt:nt any unnecessary delays in processing your application(s). ~'11" i'1fJ""""',,'lf'" ro:! " . . C> % "::> Q ... o , d . .; . . I~"" ""'.~',T '.' - .~~""!'~'''''''''~''''l'1 I '. "'.""''I\JITfI'.'' ~.-"",' ! .. . v -.' . ! ~ ;-J i '" oj " ~ 'u tf " . '. i' ! >- u C '" ll<:0l ....<{ 0'" u. U u. .- ;:) ~ .. V) 4> ~. ;: ILLV);' :~ ,OXU' ::; I 0 )0.' ~ I >.... c' _0 ~>-~ ~::~ IZt:U. ..i:!:~ :) G> i:::e: ~ 0 g. .0..... u ~~ ill i ~ a: .. I): i 80 :" f ! ' c: Q ~ "1=1;: ~. g :'. i J I . i:~::: ".. ..,;; ::; ~ . " " '" .. O. . . " u " . . " : C> % ... ... ... ..! .J .! ....1 ~ ....J " .~. '-, '" 'Z. Q ... .... r', . . . +-- . , 1 ~ ;' :: , . - , 0", :, : ! '"@" j i , , ~ .~ ~ i Q ~ ~ 0 .' ... ~ ~ ~ . "'_.~. - I " ' , < G .' . !HL ; ~ i. " ... ,,-.,..' L.'. ;- , . 0-1' "3 ',,(.1) n <Xl .-< .e. o ... ~ (1j 0. E-< o ....:i 9 .-< ~ U o ....:i i:Q 2 o ~ o ..... E-< u ~& o o o ..... E-< U ..... p:; E-< UJ S , . _,~_"'_,,,.;.. 'V lh............'....,i.. . 'j . PF 29 (6n7) Standard N.V.a.T.U. Form 8002 Bergeln and S"~e Deed, with Covenant agaln't Grantor's Acta-Individual or Corporation lSingle Sheet) CONSULT YOUR LAWYER BEfORE SIGNING THIS iNSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. . This Indenture, made the 31 cr. day of ~J' nineteen hundred and. seventy~nine Between CHARLES S. WITHERSPOON, residing at (no #) Private Road, Horton's Point, Southold, NY 'J~, party of the first part, and ARTHUR W. RA THJEland HELEN H, RA THJE, his wife, both residing at 220 Home Street, Valley Stream, NY party of the second part, Witnesseth, that the party of the first part, In consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, All that cartain plot. piece or parcal of land, with the buildings and improvements thereon erectad. situata, lying and being Hl1llIl~ near Horton's Point, near the Village of Southold, in the Town of Southold, County of Suffolk and'State of New York, bounded:and described as follows: BEGINNING at:'a point on the southeasterly line of a 50 foot right of way, hereinafter described, at the northwest corner of land conveyed by deed dated May 10, 1948i and running thence along the southeasterly line of said 50 foot right of way 2 courses, as follows:-. (1) north 14.33' 40" east 107.16 feet; thence (2) north 23035' 20" east 42.84 feeti thence south 6e. 36' 40" east 397.87 feet to a concrete monument set on the northwesterly line of a 20 foot right of way, hereinafter described thence along the northwesterly line of said 20 foot right of way south 19013' 30" west 150 feeti thence north 66.29' .west, . 392. 47. feet to the point of BEGINNING. TOGETHER with a right of way over a twenty foot Right-of-Way froIn the northeasterly corner of the premises southwesterly about 870 feet to the south- easterly side of other land now or formerly of Walter H. Hyatt and thence over the existing roadway to Sound View Avenue. Also a Right-of-Way over said fifty foot right of way from the northwest corner of the premises southwesterly about 840 feet to second right-of-way along land of Robert Hyatt thence southeasterly over said twenty foot Right-of-Way about 500 feet to the first described twenty foo.t Right-of-Way ". /' U( " f' '. ^ ~,./'-'-E', ,-t.-l,-.C- ~....-....;:~ ~.~-;-.(I_ -1""<: .d g-.-r-.<.."I .,ri/-r: / /_1" uo .'. ,-- f"" ,Ii ,7'"" .,7 "......._ :; '-j I ~'.":-6 C',n-</ .C,:..cc...J-....--/' q.,,-.........Cc c /;...--' J...<.....,..~ ~ . :J // .\- tI..., L ':'-f 1(,.: , ~~ ~ $ ';l II' ..'w!.;;l,.~.\J.. ....._ RE:AL. E:ST Arri , AUG3.197Q . ~. TR:ANSt6 rIAX ~.... .. - c<x.'N'I'Y " , ., ",-'., ,. ~'O~ '," v ~ .".., , ; .~.: ': ;;'-J P- c.::' ~ Together with all right, title and interest, If any, of the party of the first part in and to any streets and roads abutting 'f... the above described premises to the center lines thereof; Together with the appurtenances and all the estate and ~ rights oftha.par!y of the first part in and to said premises; To Have And To Hold the premisas harein granted unto tha party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part covenants thatthe party of the first part has not done or suffered anything whereby the said premises have been encumb~ed in any way whatever, except as aforesaid. And the party of the first part, in cdmpllance with Section 13 of the Lien Law, covenants thatthe party ofthe first part will receive the consideration forthis conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvemenland will apply the same first to the payment of the cost of the Improvement befors using any part of the total of the same for any other purpose. The word "party" shall ba construed as if it read "partiea" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly exacuted this deed the day and year first above written. I"'; IN PRESENCE OF: ,:,-."-4 ~~A~';~ rLA{;'A1't,>Akn~/ Cl1",rles S. Witherspoon :': :; p \ , ,. ~,., ,,_ ,~,' . :>1(1:"''''' ...,~~~"~'.'1.:R!I.T.",?~,,.,...,,,,,.,,,,,",.''''''''''''''~_;>-.,','~_..F...,'.'':_''''' ,,~."V ~," .,,-,; .....,. ,- ',~"". , "-:--~:-~~,".;;, USER 8670 PAGE 233 STATE OF NEW YORK, COUNTY OF On the ~,/,fday of Jvf personally came Charles S. SUFFOx..K) ": 19 79 , before me Witherspoon to ma known !o be the Individual deBcrlbed in and who executed the foregoing Instrument, end acknowledged'" '~~h""" '~'~~...,.. NOTARY PUElIC, STATE OF Ni:W YORK Surrell. County I~". ~64.194' Term ""rlt'., M",c~ .:l0, 1981 STATE OF NEW YORK. COUNTY OF .,</ 'SB: On the day of 19 ..before me, '., ,- -,', personally came ','t"; ,. to me known, who, being by me duly sworn, did depo.e 111;<1. . '.' say that he resldeB at No. ;:~\t..,.,;",. thAt he is the ;; >i:~:,'k~,.,~,";,;~,:,:,'..~.;:, of . ,.,.,: ,....~ .: ' , the corporation described In and which executed the foregoing Instrument; that, ha knows the .eal ofaaid corporation; thatthe seal affhled to .aid Instrumont I. Buch corporate Beal; that It was so affixed by order of the board of directors of 88ld corporation, .nd that he signed h name thereto by like order, iargntn nUll &alt l1,i1\ With Covenent Against Grentor's Acts ,,'" . ~."',:' '.. -'-"-.'''',.- TItle No. CHARLES S. WITHERSPOON TO ARTHUR W. RATHJE and, HELEN H. RA THJE. his wife St.ndlrct Form of New VorlC_ Soard of litle U"d~ij' . OIltrt~ ~1JFllnLEINSURANCE - - Company of New 'lbrk C() It) ~ C\! a"> >- ,- '" ~ <-> ~-:: ~ - - ~ ,.- ~,....'==' ~ ~ C- hloo ~ ~ l~.~/-(;) ~ IlJ jg t.::> ...".,.~ ~ c~ - r,....\).).-I i:5 ':.1 _1_10 III ~ :-:-e,;)\'"" t.J .- u_ iE u llJ <""" r;: '" w w a: a:: ~ vl ffi ~ CI II> W a. w II> a: ::J . . . . ..----- . STATE OF NEW YORK, COUNTY OF BS: ;h:;I" On the day of personally came . before me 19 "i. to ma knewn to be tlie individual described In and who ' , axecuted the foregOing instrument, and acknowledged that executad the same. ~', STATE OF NEW YORK, COUNTY OF IS: , , On the day of 19, b~rnre mn . personally came the Bubscribing witne88 to the foregoing inBtrllment, '",il', whom I am personally acquainted. who, being by me duly ! : sworn. did depose and say that he resides at No. " ; that he knows to be the individual deserlbod in and who executed the foregOing instrument; ,that he. said subscribing witnass, was present and saw execute the same; and that he. said witness. at the same time subscribed h name as witness thereto. SECTION ,:--:---'BlOCir-- ---.. LOT \ CITY OR TOWN 50 '1-' 18 (part of it) of Southold 'j, ..' ~Aon TITlE INsu~mnto~l(,Pi\N) ~ Recorded at Request of ' ~"lIFE TITLE INSURANCE '. Company of New'lbrk RETURN BY MAIL TO WILLIAM H. PRICE, JR., :ESQ. . . 828 Front Street Greenport, NY . Zip No. 11944 ~