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HomeMy WebLinkAbout129 TOWN OF SOUTHOID, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 129 Doted Dec. 17, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Southol~ Cooperative G.L.F. Service, Inc. Southold, N.Y. DATE..ReC,~..29,..1958 Appellant At a meeting of the Zoning Board of Appeals on December 29, 1958 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (x) Request for Special Exception the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) 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 bscause 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce undue hardship because (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because and therefore, it was further determined that the requested variance (X) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed SPECIAL EXCEPTION: Board grants special exception to G.L.F., to buy and use for agricultur service purposes all of the buildings and approximately 1.2 acres of land ~s outlined in survey ~ together with right of way 50 feet in width for ingress and egress. Exception is granted for the immediate storage of fertilizer and for brushing and/or washing potatoes and for use of the wooden barn for storeage ef crates, baskets, spray materials and miscellaneous agricultural sppplies used by local farmers ~nd for any other uses which have been carried on since 1944 by the present owner of the premises, to the present time, including the housing of farm labor which has been continuous since 19A8 and which has been and will continue to be under Board of Health ~e~_r~.its_ and ~t~te Police Zn~oection$ no parking permitted in the 30 foot right of way zor the ~80 f~t. LOCATION: northerly end of Gillispie property, approximately 180' south of south side ~in oad, Orient, N.Y. ZONING BOARD OF APPEALS Fol'm Z]~4 Barbara N. Andrade Secretary Resolution ~I-fere~d by seconde~oy ~,,_ ~" Whereas after a Public Hearing held %J~,~ · ~ on the Application of ~~i~~.~y~h~a~.Y. for a Special Exceotion to buy and use i~8~-~g-r~icultuT~l--ce 'pu¥~dses all of the buildings and a~proximately 1.2 acres of land as outlined in the attached survey and more particularly described as follows and furthe~more after visiting the premises and investigation and information secured at the public hearing mentioned above the boar8 fdund that the statements contained in the application for special exception are true ~ad correct an~ that none of the uses proposed are inconsistent wi~h the ~re~ent~use ~Lf the~premis~s. ~ members. These farm buildings are off the highway and while traffic control is not a fusion of this board the operation of these facilities will lessen the traffic now existing between the East Marion area and Doints west. The use of these farm buildings will be in harmony with and oromote the general pu~rooses and intent qf~ur~ordina~ce~. ~ ~ ~~ ~he public convenience and welfare and Justice w~ll be substantially served and the legally established or permitted use of the neighborhood properties and adjacent use districts will not be substantially or permanently injured. Therefor be it ~esolve~ that the application for a special exception be grante~ for the immediate storage of fertilizer and for brushing and/or washing potatoes an~ for use of the wooden barn for the storage of crates, baskets, spray materials and mis- cellaneous agricultural supplies use~ by local farmers and for any other uses which have been carried on since 1944 to the present t~e~inclu~ing the housing of farm labor Which has been continuous since 19~ an~ which has been and will continue to be under Board of ~ealth Permits and State Police Inspection. Vote Aye '~ A~ppli~a~iom is ~ade ~y C.L.F. S~rvieo but tho legal ~ap~s ~o fa~ a~,e~"Cooperative G.L.F. Exchange Inc. Hummel Ave Southold will operate ~ TOWN OF SOUTHOLD, NEW YORKv APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. 1 2~ DATE..De~.. 3,~'....19 5 8 TO THE ZO.NING BOARD OF APPEALS, SOUTHOLD, N. Y. Southold Cooperative G.L.F. I, (We) ..Seae..~.ic~,Z_nc .............................. [ ......... of .... Kt~mmel..A~.enu.e. ................................ Name Street and-Number Southold New York Municipality State hereby apply to THE ZONING BOARD 'OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE X SECTION 1007 SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE A Special Exception is requested by the applicant,a farmer owned and directed agricultural service cooperative,to buy and use for agricultural service purposes all of the buildings and approximately 1.2 acres of land,~ituated at the northerly end of. Robert W Gillispie Jr.~ farm in Orient N.Y.,located approximately .180' south of s/s Main Road in Orient. It is proposed (I) that the use of the metal shed building with concrete floor to be installed shall be for ~the immediate storage of fertilizer for spring use(surplus potatoes stored in Suffolk County have created a shortage of storage facilities),and for brushing and/or washing of potatoes during grading operations for local farmer members during the potatoe hervest season;(2)use of the wooden barn will be mainly for storage of crates,baskets,spray materials,and m£scellaneous agricultural supplies used by local farms;(3)use~ of the ceoler building wilZ be primarily for the refrigeration of foundation stock seed potatoes for summer planting,snd for short term refrigeration of local crops; (4)the labor camp adjacent to and adjoining these facilities is to be used for the hoUsing of labor necessary to the entire project. Use of the builSings for storage of farm supplies has been continuous over a period of many years.Grading operations have been carried on on an extensive scale over.a period of 14'.years by the present owner using labor housed on the farm. Refrigeration facilities have been leased in whole or in Part as needed seasonally continuously since construction of cooler building in November 1951...a period of seven years Housing of farm labor on the premises commenced in t948 and has continued uninterruptedly to the present date ...a period of eleven years. An ever higher standard of housing(with State and Board of Health ~ermits accompanied by State Police Inspection)has been maintained by present owner. Facilities include accommodations for 24 persons and STATE OF NEW YORK ) COUNTY (continued on reverse side) ss ................... ' "~'ig '~"~ ..... Il Manager, ~, Southold Cooperative GLF Swor ........ Servioe Inc ]O$[PH ~, KRUPSK! Notary ?u';Jc, St3fe r,f New York No. 52-221~20J, SuffcI~ County Term Exp;res [~;arch 30~ 195~ FORA,I ZB2 (continued from other side) include electricity,electric refrigeration in all units, hot and cold running water,hot water heat for fully insulated winter quarters,hot and cold sho~e~s~for men and women,two water sytems,cesspools,and garbage disposal. In'every year since 1948 the present owner has made available to other farmers in the area in greater or less degree the services of farm help residing in this camp. GLF Service Inc does not propose to dep~rt in any way from long established uses of the property except in the matter of broadening services to other local farmers such as by maintenance of adequate supplies for agricultural use of local farms and brushing or washing of potatoes in grading operations primarily performed for members of GLF in the local community. Modern~ grading facili~!~,~u~h~as~prgR0sed, a~eurgently -needed in the Orient area to relieve overtaxed faciliti~s~in~ ~.'Southold,to meet new conditions in the foodlindustry,and to help combat the cumulative,disastrous effects of fi~e years of pric~s below the cost of production. ~' '- Present competitive facilities in the area are archaic and inadequatel,necessitating costly hauls to Southold~and creating traffic hazards over a 12 or.15 mile route on the Main Road. It is estimated that the labor requirement of GLF will be Substantially below the maximum capacity~of the present labor. camp.GLF ia farmer directe~ in its local operations,is very responsive to public opinion,is definitely interested in 'preserving and enhancing present conditions of housing labor on 'the property, None of the uses proposed are inconsistent~with.thepr~esent use of the premises nor with an agricultural community. No ~enlargement of the outside~ dimensions of any of the buildings is presently~contemplate4.No new buildings are to be constructed for the forseeable future. 'For these reasons it is respectfully requested that the Board grant a.~pecial exception permitting the exDansion of present non-conforming uses ~s outlined. II , ] Pursuant ~o S~on 267 ef the Town iLaw and the provisions of tile !Amended Building Zone Ordinance of ~,the Town of Southold, Suffolk County, ] New York, pnblic hearings will be held i by the Zoning Board of Appeals of the Town of Southold at the Town I Clerk'"s Office, Main Street, Southold, New York. en December 29, 1958, on the following appeals: 7:30 P. M. (E:S.T.) upon application of Ruth Grathwohl, Main Road, Cut. cbogue, New York, for a variance in accordance with the Zoning Ordinance Article X Section 1000A, for permit ~o use as single lots property beunacd north by R, P. Wirth, East by Deep Bole Drive, South by L. Cornelius. and west b~ Deep Hole Creek, on the west side of Deep Hole Drive, Matti- tuck, N. Y. ?:45 P. M. (E.S.T.) upon application of Arthur N. Penny and Lucille S. Penny, Middle Road, Mattttuck, ~'ew York, for a variance in accordance with the Zoning Ordinance Article ~, Section ~05, for permit to use lot lo~ cated on the east side of West Cx'eek Avenue, Cut(:ho~ue, N. Y. 8:15 P. M. (E.S.T.) upon application of Eugene Puskarz, 22 Silver Street, New Brittatu, Connecticut, for a vari- ance in accordance with the Zonin[ Ordinance, Article III, Section 300 Subsection 1, for permit to use fo~ multiple residence purposes building] located on Madellne Avenue, Plshers~ Island, New ~ork. 8:45 P. M, (E.S.T.) up applicationI of Southold CoOperative G. L. P., 8er-I vice, Inc., Hummel Avenue, Southold. Ne~ York, for a special exception in a~nce with the Zoning Ordinance, .Ar~_ X. Section 100~, for permit to buy~and use for agricultural service~ purposes all the buildings and apprax-i imately 1.2 acres of land located the northerly end of Rol~rt W Gil- lispie, Jr.'s property, approximately 180 feet south of south s de Main Ro~d, Orient, N. ~L COUNTY OF SUFFOLK ~ ) SS. STATE OF NEW YORK ~ Frederick C. Hawkins, being duly sworn, says thct he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southoid, in Suffolk County; and that the notice of which the onnexed is a printed copy, has been published in said Long Island Zraveler~Mattituck Watch- man once each week for ~- ' ~- k_ weeks ) successively, commencing on the ................ :~...~ ................ day of ....L.~ ~ .f..~..~.~.~ ........... 19...?~.~ Sworn to before me this ......... :)...':: ........ day of ..... Notary Public / ..... i, indicated by the T E LE GRAM ,:0, .-x:::~:~;'. ~e ~ling time sh ....... he da,el ..... d ......... ]~taR ~E = ('F.) ) ~ .sy?n ~'~ 8SC651 . ,- '-"' :.~s DEC ~.~ ~ ~00~ ~TO.'/X COU~CIL SCTY~ PHOHE IL, r.~ A~D ~.;AIL COPY= - ,~,~ o -_u TO','.,'i~ 14ATL ~UT~,~OLD LI HY RTE IO..OF ~,0~1,,, OLD ~ '~ ~,;,IISSIO',I TO USE alLLISPIE nc,~c,~Y PROTEST ~,,A,,TIi'.IG PE~' PROPERTY li'l ORIEHT FOR AiiY USAGE OTHER THAf4 FA~,.~I ~G 07, FOR STRAIGHT RESIDENTIAL ,U,,,O 1~ ,~EE, I "' ~ IDE~,~ES TO PER~,~IT OARIEf'~CE ',?OULD A ~,,~ACI, OF FA ITII= ~{IS INDNNTURE, made the 18th day of December, 19~8, between kQB~ET t'~'. G~.~LISPI~. JR. residing at ~st ~lon, ~ffolk ~ty, Ne~ York, paP~ of the fl~ part, ~d CO~ATIV~ G.~.F. NX~ANGE, INC. a co~o~tion organized u~er the La~s of the State of New Yor~, wl~ a principal place of ~ness at Hu~el Argue, Southold, ~ of Sou~old, ~ffo~ ~.ty, New Yo~, pa~ of the ~nd part~ ~;ITN~SS~ ~t In cons~der~t~n of the ~m of ON~ DO~ end other Eood ~d valu- able ~nsldeP~tlon, pa~d b~ the party of the se~nd p~t to the p~ of ~e first pert~ t~e p~r~ of the first part hereby ~rmnt~ ~r~s~ns end sells to the party of the second p~t~ ~tm ~cc~ors ~d opt~ ~ p~mae ~e pre, sea ~o~ aa ~e ~ll~e F~rm ~d le~r c~p ~l~n~s situate ~ ~l~t, ~n the To~ of ~thold, ~f~lk ~ty, Ne~ York, ~d ~re particularly dss~P~d ~R the form of A~e~ent hereto end ~de 5 p~t her~f, FIR~; The option ~d ~11 rl~ts ~d p~vlle~es here~d~ ~mll e~lre on 2~ 18, 19~ at 1~ o~o~ no~ (~s~e~ St~-~d Time). SE~ND: ~nis opti~ Is ~ be e~cleod by the p~ty ~ltten notice subs~l~d by ~e par~ of the se~nd p~t, s~t by P~stered mail, w~thin ~e time set herein fop the ~erc~se of this ~tl~, ~ the ad~e~ of' ~e par~ of the first part a~ve set forth. ~D; ~e total p~ase price zhal 1 be the s~ of FIFT~ ~0~ ($1~,~0.) ~llara to be paid ~ the pa~ of the s~ond part, If ~ls ~tlon Is ex~c~ as provided In the s~d ~nexed form of A~p~nt. ~e payments ~ made on sc~unt of this optl~ ~mll be credited to the the ~te of clos~n~ of t~tle ~d delivery of dee~. FO~; In the ew~t that ~he party of ~e se~d D~t does not ~erc~se th~s ~t~on as herein provide, the pe~ta ~de o~ sc~unt of this option shell be retained ~ ~ p~rty of t~e first per~ f~m all cl~l~ of the party of the secon~ per% ~d ne~ p~ ~ell hs~e ~ny f~er r~hts or aE~nst the other. -2- FIFTH; In the ~vent t~at thls optlon is exercised as herein provided, the party of the First part and the party of ~e se~nd part wlll respectively, as Seller and ~r~as~, perform ~e obligations stated ~ the a~e~d Form of ~r~m~t to ~ perfor~d by the Sell~ ~d Pur~ae~ th~e~. S~X~: ~ls optlon ~all be no~tr~sferaSle, except upon the cons~t of ~e party of the flret part. ~ c~sent ~all ~t be reasonably or ~bltrarXly withheld If the askance la reputable ~d fl~n- clally re~onatble, or Is ~ apparent organization or ~b-dlwl~l~ of the party of the a~nd part. IN '~'ITN~S ~NOF, the party of the first part has sl~ed and s~l~ this IndoOrs the ~y and ~e~ first e~ve ~Xtt~. ~o~ ~. Ollll~ie~Jr~~ STAT~ OF NF~W YORK,) )SS: co~TY OF SUFFOLK.) On this 18th day of December, 19~8, before me, the a~bscrlber, personally appeared hOBNhT W. ~ILI=lSPII~, JR.t to me personally known and kno~ to me to be the same person desmribed in and ~ho executed the wlthin Instrumeut, and he acknowled/~ed to me that he duly executed the same. Standard N.Y.B.T.U. Form 8041 · ~;-58-100M - Contract of SaJe. CONSULT YOUR LAW't... BEFORE SIGNING THIS INSTRUMENT--THIS Ih- .RUMENT SHOULD BE USED BY LAWYERS ON;.. ¢. THIS AGI~IeI:.MENT, made the 18th day of Do~all~g' , nineteen hundred and fl£ty-elght, BETWEEN JtOB~4T .. GI~SPI~. g~. residing at ~aet Yarlon, /tlffclk Coul~tys ~ ew York, hereinafter described as the seller, and COOv~ita'rI¥1 ~.g.~'. ~xcnanv. e. Inc., fa corporation organized ~der ~o ~e of ~e S~te of Ne~, ~k, ~tth a principal place of ~ness at au~ Av~ue, ~-outhold~ TO~ of ~thold, ~lk ~y, New hereinafter desc~bed as the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purcha~,}.~)lz;hat, cextain pl~t, piece or parcel of land, with.the buildings and improvements thereon erected, situate, lying and being ~/~'~i~f/ al; ~dr~. ~ql;, In the To~n of Southol~, &)unty of ~uffol~ and State of New gor~, and more pfartl- c;~larly boundeC ~nd described aB follows: B~INEIa~O a~ a pipe set at the northeasterly comer thereof and formed by the ~estarly botmdary line of the lends of George /.. Nd~erds and the ,southerly line of the land of Hoyt; runnlnt thence in a ~ener~l southerly direction along the westerly line of the lands of ~aid tlcor~e L. Edwards on a coupes rurnlng .South 35 ~e~'ees ~0 m~nute~ IO seconds ~ast a distance of 130 fe~t, ~re or less; running t~cnce in a ~e~al ~eatePly direction along other lands of the party of the first part about ~90 f®et, mOPe or le~a, to $ point end ~nlch last mentlcned course lies 12 feet southerly from an existing concrete block cooler building; rurnln~ thence in a Eeneral northerly direction an~ still alon~ other land of the pGrty Of the first pert, l/ort~ 35 degrees 04 minutes 30 second~ 'cBt fa distance of ~10 feet, more or le~s, to a point and the southwesterly cv~ner of the lanes of ~. ~dward~ ~atatfa; Punning ~thence the follo~4ng five courses and ~letances: (1) N. Ko 54~ (~) ~. ~-~* O5' (3) t~. ~ 4Z' (4) N. 2f~ 2S' (5) ~. ~-09' ~0" E. 89.73 feet; ~0~ '% 65.~0 feet; g. 94.92 feet; ~;. 18.~ f~et; 30" F,. 118.0 feet to the point or ~l~cfa of I~eglnning. TO6~f~ ~lth a rl~t of ~ ~0 foot in width (in common ~th otherfa) for lnzreae ~nd egre~s and utility lines ,to the ~aln Road end ~leh rlg~ht of w~v e~tenda alor~ the ~eaterly line ot' ~he prmmtafas he~'e~n described fro~ the southwesterly corner thereof northerl/ to the tlain Road. ~.;UBJE¢:£ to suC~ ~t~te of facts ss e mare accurate survey may show provided the s~,~e deemer r~der the title thereto una~erketable. ;5~OV~CT to sua~ state o£ facts e pe~sonal inspection the~,~of may disclose. ,~,~BJ~T to zoning., ordinances of t~e Tom of $outhold provided the sauna does not restrict ;~e uae of the said premlee~ for ~he line of ht~lnwss nco conducted by the party of t~e first part at Hu~el Av'~ue, Southold, New York. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, ali proper instruments for the conveyance of such title and the assignment and collection of any such award. The price is lr~PT~N TflOtl~N D (~! 6~000. ) ......... -- ........... ~ ........... Dollars, payable as follows: ON r~ 'I¥10U~ID FIV~ I~UNI~'D (~1, ~00 o) ...... '-- ................................. Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; ~,IkT~., I~40U~;;-~ND FI~, HUNL~I KD ( ~jl 3~ ~00. ) .................................. .Dollars, in cash or good certified check on the delivery of the deed as hereinafter provided; Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all revenue stamps that may be necessary. If such purchase money mortgage is tobe a subordinate mortgage on the premises it shall provide that it shall be subject and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu thereof, and to any extensions thereof provided (a) that ',he interest rate thereof shall not be greater than per cent per annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existing mortgage at the time of placing such new mortgage or consolidated mortgage, the excess be paid to the holder of such purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payment to the holder thereof shall not alter or affect the regular installments, if any, of principal payable thereunder and shall further provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements further to effectuate such subordination. Said premises are sold and are to be conveyed subject to: 1. Zoning regulations and ordinances of the city, town or village in which the premises lle which are not violated by existing structures. 2. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. 3. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. If there be a mortgage on the premises the seller agrees to delL'er to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the fees for recording such certificate. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. If, at the time of the delivery of the deed. the premises or any part thereof shall he or shall have been affected by an assess- ment or assessments which are or may become payable in armual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. Westchester County Sewer System Taxes shall be excluded from the provisions of this paragraph and the installments thereof not due and payable at the time of the delivery of the deed hereunder shall be assumed by the purchaser without abatement of the purchase price. ~~~q follow~n~ are to be apportioned: Taxee ba~ed on the fiscal yeaP. If the closing of the title shall occur before the tax rate is fixed, the apportiomment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. If there be a water meter on the premises, the seller shall furnish a reading to date not more than thirty days prior to the time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of~ such last readi..ng. ~t~in proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps in the proper amount a/fixed thereto by the seller, at the seller's expense, so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall also contain the covenant required by subdivision 5 of Section 13 of the Lien Law. The seller shall give and the purchaser shall accept a title such as any p eputnble tltl e company 6oing business in '~£folk County will approve and insure. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after default by the purchaser under this contract. Ali fixtures and articles of personal property attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm door's, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. The amount of any unpaid taxes, assessments, water charges hnd sewer rents which the seller is obligated to pay and discharge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with intel'est and penalties thereon figured to said date are furnished by the seller at the closing. If at the date of closing title there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall have delivered to the purchaser at the closing of title instruments in recordabh form and sufficient to satisfy such liehs and encumbrances of record, together with the cost of recording or filing said instruments. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not against the seller. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon s~ch refund and payment being made this contract shall be considered canceled. The deed shall be delivered upon the receipt of said payments at the office of TerrOr mad at 10 .'00 o'clock on I The parties agree that t:b. ore is no b~'oker ol~ s~le~mars It is understood and agreed that ail understandings and agreements heretofore had between the parties hereto am merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition. ,This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN WITNESS WHEREOF~ this agreement has been duly executed by the parties hereto. In presence of: (Robert ~'& Oilllspte, J~.) ,. {[..s.) NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 240-a of the Real Property Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. CREDIT FINANCIAL STATEMENT AS OF ....................... 19__. DEntT Paid on signing Con~'act ............................................................. 'Purchase Price ....................................... i .................................... 'st Mortgage ........................................ ........................... 2nd Mortgage ........................................................................... Int. from .................... @ .............. % ' [ .......................................... Purchase Money Mortgage .................. Security on Lease ................................ Rent from ............................................... Taxes ..................................................... ! I Water Rates ........................................... I ......................... 1 Sewer Rents ........................................ I Assessments ............................................ Total Credit .......................................... Closing of title under the within contract is hereby adjourned to o'clock, at as o f 19 Dated, 19 Taxes ...... I Water Rates .................................................................... ............ Sewer Rents .... ] ............ Fuel ....................... Credit ........................................... Balance Paid .......................................... 19 , at ; title to be closed and all adjustments to be made For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Assignee ~! Purchaser THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property he should produce receipts showing to what date the interest has been paid, and if the principal or rate of interest has been reduced, he should produce certificates of such reduction signed and acknowledged by the holders of the mortgages. He should furnish to the purchaser a full llst of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURCHASER should be prepared with cash or a certified check drawn to his own order. The check may be certified for an appro e amount and cash may be provided for the b :e of the settlement. G E: O R. G E L.. E D W A R D S ¢ .3~0o.4'3o', E. ,3;~.OG 5 ACP. E T'~Bo ~ d~ 5o 5C.,~L..E : I00'=1'' L. EDWARDS H p, L_ L.. 0 MAP OF FARM SURVEYED FOP-. R. OBFI:::AT W. GILLESPIE,JR. S IT UATI=' AT ORIENT .~UFFOLK CO., N. Y. ,~I, JR. vE. YED JuLY 7, 1~4'7 ~oR, EENPOR,T , N.Y.