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HomeMy WebLinkAbout1816 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1816 Oated July 18, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Patricia Hecker lll6 rvlain Street Greenport, New York 11944 DATE.~.~...9, 1973 Appellant at a meeting of the Zoning Board of Appeals on August 9, was considered and the action indicated below was taken on ~our ( ) Request /or variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By reseintion of the Board '~ was determined th~ a ~i~ exception ( ) be gra~ed ( ) be ~ed p~sua~ to Article .................... Sect~n .................... Sub~ction .................... paragra~ .................... ~ the ~ning O~inance and the decis~n of the Building In~ector ( ) be reversed ( ) be ~irmedbeea~e 8100 P.~. (E.S.T.), upon application of Patricia Hecker, lll6 ~ain Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to convert existing garage and storage to dwe~ling~ building has insufficient side ~ud rear yards for dwelling. Location of property~ west side Stars Road, East Narion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties 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 distric~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (woUld) change the character of the district because SEE REVERSE (woUld not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. I Z NG SOARD - , ~ ~ ~ "~' l¥Iar~o~ie ~lcDermott, Secretary ~ ~" Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to convert existing garage and storage to dwelling~ building has insufficient side and rear yards for dwelling. Location of propertys west side Stars Road, East Marion, New York. The findings of the Board are that there is no reason to change the decision of the Board which was rendered on April 19, 1973 on Appeal No. 1736. The Board finds that the application is in violation of the Ordinance in all respects. It would be permissible for the applicant to apply for a building permit to move the dwelling to a location on the property that would meet the requirements of the Ordinance. Use of a building, without a Certificate of Occupancy, is not permitted. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not ~nique.and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Patricia Hecker, lll6 Mmin Street, Greenport, New York, be DENIED permission to convert existing garage and storage to dwelling on the west side of Stars Road, East Marion, New York, as applied for, for the reasons stated. Vote of the Boards Ayess- Messrs, Gillispie, Bergen, Hulse, Grigonis, ~AL NOTICE Nol~ce of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, $outhold, New York, on August 9, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard and Shirley Clark, 306 Sixth Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permissior to construct dwelling with less than average setback. Location of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquaview Avenue; east by Rocky Point Road; south by Land of Farmakidis and Land of Mardikos west by Brown. 8:00 P.M. (E.D.S.T.), upon application of Pa~ricia Hecker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to convert existing garage and storage to dwelling; building has insufficient side and rear yards for dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:15 P.M. (E.D.S.T.), upon application of Kurt Koehler, Stillwater Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard area. Location of property: east side Stillwater Avenue, Cutchogue, Lot #16, Map of H. S. Hand Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk County, New York, public hearings will be held by the Zoning Beard of Appeals of the Town of Seuthold, at the Town Office, Main Road, Southold, New York, on August 9, 1973, on the following appeals: 7:45 P.M:' (E.D.S.T.), upon application of Richard and Shirley Clark, 306 Sixth Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 3O4, for permission to construct dwelling with less than average setback. Location of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquaview Avenue; east by Rocky Point Road; south by Land of Farmakidis and Land of Mar- dikos; west by Brown. uS~on 8:00 p.M. (E.D.S.T.), application of Patricia Hecker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Balk Schedule for permission to convert existing garage and storage to dwelling; building has insufficient side and rear yards for dwelling; building has insufficient side and rear ~,ards for dwelling. Location of property~ north by Stars Road ~Vest; east by Stars Read: south )roperty: west side Stars Road, ,~ast Marion, bounded north by ½tars Read West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:15 P.M. (E.D.S.T.), ~P°n application of Kurt Koehler, Stillwater Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to canstruc~ garage in front yard area. Location of property: east side Stillwater Avenue, Cut- chogue~, Lot No. 16, Map of H.S. Hand. 8;30 I~M. (E.D.S.T.), upon application of Miriam Hitchceek, 10 Greenway Street, Ramden, Connecticut, for a variance in accordance with the Zoning ___ O~'dinance, Article III, Section 301, the Bulk Schedule and Section 280A of the Town Law, for permission to construct dwelling and divide property with in- sUfficient area and frontage, and approval of access. Location of property: right Of way off Grand Avenue, Mattituck, bounded · north by William Black; east by · W. Black and H. Krause; south by C. Ely; west by Mattitack Creek. 8:45 P.M. (E.D.ST), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule and Section 280A of the Town Law, for permission to divide property with insufficient area and frontage and construct two dwellings, and approval of ac- cess. LocaJian Of. pre.pert_y: right COUNTY OF SUFFOLK, STA-r~- OF NEW YORK, ~ ss: ................ $.l~t~rJ: . D. Qr~r~ ..... being duly Sworn. says that ....h.e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; und that the natic~:, of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in each week, for ......... 911~ .............. weeks successively commencing on ~he ..... sacor~d ............. day of .... ~ku~.~--~__~..... ~ .~. 9..7.3 ~---~x:;;:z~.~. . .~. : :..~:.~:'~ .~. .,-: ............... Sworn to befg~le me this ...~.~ ..... NOI'A~¥ PUSL!C OF NEW YORK NOT~CE OF HEARINGS Pursuant to Section 267 of tile the Amended Building Zone Or- dinance of the Town of South- Pld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on August 9, 1973, on the following apPeals: 7:45 P. M. (I/DST), upon ap- plication of Richard and Shirley Clark, 306 Sixth Street, Green- with the Zoning Ordinance, Ar- ticle IH, Section 304, for permis- sion to construct dwelling with tion of proPerty: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded by Rocky Point Road; south by Land of Farmakidis and L~nd of Mardikos; west by Brown. 8:00 P. M .(EDST), upon ap* plication of Patricla Hecker. 1116 Main Street, Greenport, for the Zoning Ordinance, Article HI, Section 301 and the Bulk Schedule for Permission to con- vert existing garage and storage to dwelling; building has insuf- ficient side and rear yards for dwelling. Location of property: west side Stars Road, East Mar- ion, bounded north by Star~ Road West; east by Stars Road: south by Philip Frumenti; west by , Balders, Weiss and others. 8:15 P. M. (EDST), upon ap- plication of Kurt Koehler, Still- Zoning Ordinance, ~rticle ITI, Section 302, for permission to construct garage in front yard area. Location of property: east side Stillwater Avenue, Cut- chogue, Lot No. 16, Map of H. Hand. 8;30 P~ M. (EDST), upon plication of Miriam Hltchcock, 10 Greenway Street, Hamden, accordance with the Zoning Or- dinance, Article III, ~ection 301, the Bulk Schedule ~nd Section 280A of the Town Law, for per- mission to construct dwelling and divide proPerty with insuffi- cient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by W. Black and II. Krause; south by C. Ely; west by Mattituck Creek. 8:45 P. M. (EDST), upon ap- DF SUFFOLK NEW YORK ss: ' Whitney Booth, Jr., being duly sworn, says is the Editor, of THE LONG ISLAND : - MATrlTUCK WATCHMAN, a public news- ted at 5outhold, in Suffolk County; and that )f which the annexed is a printed copy, has been in said Long Island Traveler-Mattituck Watch- plication of Oeorge Ahlers. 250 .(~....~.~. ~'ff'"~/~ Cox Lane, Cutchogue, New York, each week for ........ wee]es for a variance in accordance with " the Zoning Ordinance, Article ~ ~ III, Section 3~1 and the Bulk /~ co~encin9 o~ the ............ ~ ................ Schedule ~nd Sect,on o, the ~.~.-~2 ./-~gfy2. TO~ Law, for permission to ....... two dwellings, and approv~l of right of way off south side Bay- view Road, ~uthold, bounded north by Clemens; east by Bay- view Development Corp.; south by Corey Creek; west by right of way. 9:00 P. M. (EDST), upon ap- plication of James P. Kavanagh, Main Road, East Marion, for a special exception in accordance with the Zoning Ordinallce, Ar- ticle V, Section 500 B-3 and Ar- ticle XV, Section 1504 l-a, for permission to convert existing motel,known as Crescent Beach Motel, to permanent condomin- iums. Location of property: south side Main Road, East Marion, bounded north by Main Road; east by Rudkoski and Dawn Estates; south by Gardiners Bay; west by Dawn Estates. Any person desiring to be heard on the above appeals should ap- pear at the time and rAace above specified. Dated: July 27, 1973 SOUTHOLD TOWN BOARD OF APPEALS ;worn t~before me thi~ ...... ~..~....... day of ........ . FORM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date '~"~//-'i / 'g'/~' , 1973 To~..O.!~.:.~....~.....g..~.!..c..&..~..~..~.J........~..e.......P?T~, C, ~ ~lc~-~ ~ ...~......~.~...~ ......................... ,//~ ~~- .............. .~..~.~.~:~...~u..L.T.. ......... l~ .... ~~'~> ~/ PL~SE ~AKE NOT CE that your app ication date~ ..~ /~ , J9 ~ . ~Nu~T C~,, ~-...,= ~,,.~ ~S,~);~""~I;'"'~'~'~'~¥~ ........ tor Perm~ tO ~ ......~......~...[....(v..~.......~..~.l'..~.at t~b premmse~ocoted at .......................................... .... .................................................. Map ~ Block X Lot ~ is ~,,~ ....... = ..... ~[~:~.C...~.~ ....... ............. ~ disapproved on the following grounds.~ ........................................ z ...... ~ ................................................................. ,- ......... /k.~_,~..:~.~.~.:.....~..~.e.~.:~.....:.~.:..~.:.e..c.c ....................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. O APPEAL NO. DATE l XXX .Patricla Hecker f 1116 Main .~reet , twe) .................................................................. o ............................................................................ Name of Appellant Street and Number .......... _~.r..e..e..n..?..o.~?. ................................................................ ~ .................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE EJUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~.....~[...c~.............'r'/..~'~ WHEREBY THE BUILDING INSPECTOR DENIED TO Patri¢ia Hecker Name of AppJicant for permit of 1116 Main Street, Greenport, New York Municipality State Street and Number ) PERMIT TO USE ~% ( /( ~'-~i"C J~,,.,.~c~-k._t ~-,~ ) PERMIT FOR OCCUPANCY ( ) see cLLagram attached ~ 1. LOCATION OF THE PROPERTY .............................................................................. .1?1...../(..(~.l.... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para~ph of the Zoning Ordinance by number. Do not quote the Ordi,nance~rt' 3, See. 300 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A"S~bsection 3 4. PREVIOUS APPEAL A previous appea:~as) (has not) been mode with respect to this decision of the Building Inspector or with respect to this propertY,y &ppli. ca~',t, Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ ) A Variance to the Zoning Ordinance ( ) t ' ~ r t' e r on tha~trict- application would deprive the owner of re&son~ble is reques ea : use o~Pa ~ul~g presently suitable for a residence which il~ situated on theplot so that the Southerly side of the butldin~ is within ~hree feet of the Southerly boundary line and the Westerly side of tt~e building is within eight feet of the V~esterly boundary line. (Continue on other side) O O REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the premises cannot presently be used for the intended tei~lmim proper purpose under the ordinance. No other residence could be constructed because of the conversion of the accessory building originally constructed to one for residential use. Use of the existing building as a residence has been restrained with the result no effective use can be made of the premises. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the circumst4~ces stated above. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ there is ample space between the the premises and the buildings on adjoining premises for light, air and access. The character of ~he neighborhood is residential and that would not be changed. /. STATE OF NEW YORK ) COUNTY OF SUFFOLi~ ss 18th July 73 Sworn to this .............................................. day of ........................................................ 19 STANLEY S. CORW!N ...................................... NOTAR ¥..E'~I.~L, LP~. S t a.te .e~'. ,~,'~ w, ¥,, Notary PubliCo. ~z ~,~t,;~ ~ ~ Qualified ia Suffolk Cou,~ty ~ , / ,~ ~pfres March 30, 19 / ~ FORM Ne. ! TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Pemit No ..................................... Disapproved o/c ............................................................................................ Application No ................................. (Building inspector) APPLICATION FOR BUILDING PERMIT Dote July 18 19..?..3. ...... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issue a Building Permit to the applicant. Such permit.shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall h~ve been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) Patrtcia Hecker ..[ ......... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. purchaser under contract Name of owner of premises ~E-~z~a~b~e-~h.~A~]:~e~n~a~n~.~d~'3~a~n~e~~ ......................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................................................... Plumber s L~cense No ......................................................... Electrician's License No ..................................................... Other Trade's License No ................................................... 1. Location of land on which proposed work will be done. Map No .............................................. Lot No ......................... Street and Number southwest corner of Stars l~oad at northerly end thereof where it turns west to Cedar Drive Municipality 2.State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and ~,'~--=-~ accessory building - conver[ed (ase restrained) residence b. Intended use and occupancy ........................................................................................................... . ....................... .Nature of work (check which~licable): New Building ...................... [~m~dition ..................... Alteration ............... Repair ......................... Removal ......................... Demolition ............ .~ .......... Other Work .................................... {Description) 4. Estimated Cost ............................................... Fee ................................................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... .~ ......... Number of dwelling units on each floor ......................................... If garage, number of cars ............................................................................................................................................ 6. If business, commercial or mixed occuoancy, specify nature and extent of each type of use ..................................... 7. Dimensions of existing structures, if any: Front ...... .2.~ ........... Rear ........ .2...~. .............. 20 Depth ................................... Height ........................................................... Number of Stories ................................................................. Dimensions of same structure with alterations or additions: Front .......................... Rear ......................................... Depth ............................................. Height ......................................... Number of Stories ........................................ 8. Dimensions of entire new construction: Front ......................... Rear ............................ Depth ................................. Height ................................................. Number of Stories ........................................................................... 9. Size of lot: Front 240 Rear ...........2.~.0. .......................... Depth !05 p!us right of way as stated 10. Date of Purchase ..~.a.,d..e..~...c..o..~..t..r..a:..c..I;. ...... Name of Former Owner ............................................................................ 11. Zone or use distric~ which .... ~ ....... ;~. ,~o~ A-Residence ................... 12. Does proposed c-~l¢~l~P~Fviolate any zoning law, ordinance or regulation: ............... ..Y..,e.~. ..................................... 13. Will lot be regraded .............................. Will excess fill be removed from premises: [ ] Yes [ ] No 14. Name of Owner of premises ....................................................................................................................................... (Address) (Phone No.) Name of Architect ............................................................................................................................................. · · .,... · (Address) (Phone No.) Name of Contractor ................................................................................................................................................... (Address) (Phone No.) 15, Applicant is to use building as residence PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate wheth- er interior or corner lot. PLOT DIAGRAM A CTACHED STATE OF NEW YORK. SUFFOLK COUNTY OF ...................................................... PA~'HICIA HECKER .......................................................................................................... beieg duly sworn, deposes and says that be is the applicsnt above named. (Name of individual signing contract} He is the p. urchaeer under contract (Contractor, agent, corporate officer, etc.} of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the mannei set forth in the application filed therewith. -. ~,ORWIN ...................................... day of Notary Public ............................ ~,em~;[:~...~'.~!!.e..s...~..a.r..C.n...~"l~ount7 ..... ..~.~.~.~`.~/.~.~.~.`~..~(~.~s~`~../.~.`~..?~.~.....~.~``-~`~`-, ....................... ($i~a~re of applicant) CONSULT YOUR LAWYER BnloRIYGNING THIS INSTRUMINT--THIS ImTRUMliN~'~J~OULD BI USE) IY LAWYIRS OHLY. NOTE: FIRE LOSSF_~. This form of contract contains no express provision as to risk of loss by tim or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 5-1311 of the General Obligations I.aw will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. THIS AG.~K-K]I4ENT, made the day of , nineteen hundred and seventy-three at '.7~8 A~er~ Av~, N~ Yo~, ~w Yo~, a~ jolt ~e~nts and not a~ te~ts ~ co--on, hereinafter described as the seller, and ]PA'I~I~ICL~ PII~CKER, ~aiciing at 1116 l~ai~ ~treet, ~reenport, New York hereinafter described as the purchaser, WII'lq~-~SI~I'I~ that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and bein~ in the ha;ciVet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described al follows: BEGINNING at a point on the westerly line of 8tare Road where saLd line is intersected by the northerly line of land of Philip $. Frumenti; running thence along the lands of Frumenti, south 78as6'30'' West, 105.0 feet to land~ of Paragon Builders; running thence along the easterly line of Paragon Builders, north 11e~8'30~' west, 41.0 feet; running thence along the northerly line of land of Paragon Builders, south 78'36'80" west, 1~0.0 feet to the easterly line of Cedar Drive; running thence along the euterly aide of Cedar Drive, north 11~'~$'30'' west, 14.0 feet; r~,es~iqg thence along the la,de of Weisz, north 78e36'30'' ee~t,. 120.0 feet; running thence along the easterly boundary of lsode of Wel~z a~d Baldes, north 11~3'$0" west, 185.0 feet; running thence north 78e36'$0'' east, 105.0 feet to the westerly side of Stars Road; r~,mt.,g thence along the westerly side of Stars Road, south 11e23'30'' east, 240 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the s-,',,e premises conveyed to the sellers by deed made by Peter Frumenti, a/k/a Peter C. Frumenti dated November 4, 1972 and recorded in the Suffolk County Clerk's Office in Liber 7286, page 58 on November 20, 1972. SUBJECT to any state of facts an accurate survey might show, providing same does not render title anmarketable, and to covenants, restrictions, eas~ents, agreements, reservations, and zont,,2 reg, r~ations of record, if any, providing same do not prohibit present structure(u). CONVEYANCE subject to the ability of the purchaser to obtain a variance for ~e use of the structure presently on the premises for a single family dwelling. I. 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 llne 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 dellver to th~ purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. 2. The mice is TWENTY TWO THOUSAND FIVE HUNDRED AND 00/100 ........... ............ ($22,500.00) ............................... Dollars, payable as follows: Two Thousand Two Hundred Fifty and 001~ 100 ($2. 250.00) ............... Dollars, on the signing of th/s contract, by check subject to collection, the receipt ?f which is hereby acknowl, edged; TWENTY THOUSAND TWO HUNDRED FIFTY AND 00/100 ($20. 250.00) Dollars, in cash or goo~ certified check to the order of the seller on the delivery of the deed as hereinafter provided; by taking title subject to a mortgage now a lien on said premises in that amount, hearing interest at the rate of per cent per annum, the principal being due and payable Dollars, by the purchaser or assigns executing, acknowledging and delivering to the seller a bond or, at the option of the seller, a note secured by a purchase money mortgage on the above premises, in that amount, payable per annum payable together with interest at the rate of 3. Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title Undenvriters 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. 4. If such purchase money mortgage is to he a subordinate mortgage on the premises it shall provide that it shall he subject and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated mortgage which may he placed on the premises in lieu thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not he 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 mol;tgage or ~:onsolidated 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. 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the fees for recording such certificate. Should the mortgagee he a bank or other institution as defined in Section 274-a, Real Property Law. the mortgagee may; in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or em- ployec, or agent, containing the information required to he set forth in said certificate. Seller represents that such mortgage will not he in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the 6. Said premises are sold and are to he conveyed subject to: a. Zoning regulations and ordinances of the city; town or village in which the premises lie which are not violated by existing structures. b. 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. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any. upon any street or highway. 7. 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 he complied with by the seller and the premises shall he 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. the City of New York (Sections 564-18.0, etc.) prior to the delivery of the deed shall he paid and discharged by the seller upon the delivery of the deed. This provision shall survive the delivery of the deed. 9. 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 am or may become payable in annual 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 am to become due and payable after the delivery of the deed, shall bo deemed to be due and payable and 10. The following arc to be apportioned: ~ ~asis of the fiscal ~car fur 11. If the dosing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding yeOplied to the latest assessed valuation. 12. If there be a water meter on th~:-premises, the seller shall furnish a reading to a ~ 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 b~ apportioned on the basis of such last reading. 13. The deed shall be the usual b~g&ill & Ul~ with covenant agsJJ~t grantor'm deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shah contain a recital sufficient to establish compliance with said section, 14. At the closing of the tide the seller shall deliver to the purchaser a certified check to the order of the recording officer of the county in which the deed is to he recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate county officer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appro- priate county officer promptly after the closing of title. the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued ~~~l~purchaser agrees to slgn and swear to the 16. The seller shall give and the purchaser shall accept a title such as ~ tit]~ COI~I~,Ily doing b~t8II~8lll 1.11 Suffolk County &nd . a Member of the New York Board of Title Underwriters, will approve and insure. 17. 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 on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All 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 inchide plumbing, heating, lighting and cooking fixtu~'es, 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 doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. 19. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and dis- charge, 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 interest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing 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 simultaneously either deliver to the purchaser at the closing of tide instruments in recordable form and sufficient to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. 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. 21. 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- mptcies or other returns are not against the seller. 22. 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 such refund and payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the o~ce of CorwIB & Glieklll~ll, 114 Main S~reet, Greenport, NY at 10:00 o'clockon September 1 1973,.or sooner by agreement of the par~iem. 24. The parties agree that ~ no broker ~ brought about this sale and the seller agrees to pay any commission earned thereby. 25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completefy expresses their agreement, and that the same is entered into after full investi- gation, 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 and agrees to take title "as is" and in their present condition and subject to reasonable use. wear, tear. and natural deterioration between the date thereof and the closing of title. 26. 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. 27. 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 V~TI'N~ WHEREOF, this agreement has been duly executed by the parties hereto. In presence of: ~ .~ ~~ff~ff x::7 STATE OF NEW YORK, C~OUNTY OF On the day of personally came SS: 19 , before me 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 ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation ~lescribed 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 corj~oration, and that he signed h name thereto by like order. STATE OF NEW YORK, ~:OU#TY OF On the day of personally came SS: 19 . before me 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, C:OUNTY O1: On the day of 19 personally came to me known and known to me to be a partner in SS: , before me a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within'contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made 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 Purchaser Assignee of Purchaser TITLE NO. · ontra ofe TO Di~trlbuted by THE TITLE GUARAf"TEE ¢OblPAfff' PREMISES Section Block Lot County or Town Street Numbered Address Recorded At Request of RETURN BY MAIL TO: Zip No. THE OB~ERVANCE OF THE FOLLOWING SUG~-~-~TION$ V~ ~{AVE TI~ AND TROUBLE AT THE CI..,05ING OF THIS 'II'ILE 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 promptly arrange to obtain the evidence required under Paragraph 5 of this contract. He should furnish to the purchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURCHA~F..R sho~e prepared with cash or certified check draO the order of the seller. The check may be Certified for an approximate amount and cash may be provided for the balance of the settlement.