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Home My WebLink About1000-43.-4-29, 30, 35MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 ($16) 477-2048 FAX (516) 477-8919 Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Edwin Kinscherf 1000-43-4-Lots 29, 30, 35 Dear Planning Board Members: In 1952 Edwin Charles Kinscherf and Doris Barbara Kinscherf, his wife, purchased Lot #35 above from Inez Fordham (see deed attached hereto). In 1959 they each purchased individually lots #29 and #30 from Isabel L'Hommedieu who had in turn purchased those lots from Inez Fordham. In 1965 Mrs. Kinscherf died and through her Will title to Lot #30 vested in Mr. Kinscherf. In addition, Lot #35 which was owned by them as tenants by the entirety also passed to him by operation of law at her death. In the intervening period from purchase date to Mrs. Kinscherf's death two one family dwellings were built on Lots #35 and #29 and issued their certificate of occupancy. By operation of law at Mrs. Kinscherf's death Lots #29, #30 and #35 merged because their ownership now vested in a single individual. Mr. Kinscherf was undoubtedly unaware of the reason his attorney originally had he and his wife purchase Lots #29 and #30 in their individual names and was therefore unaware that they had merged upon her death. In 1967 the Town of Southold 8mended its code by the passage of Chapter 106A to set forth guidelines for the subdivision of land. When Mr. Kinscherf in 1986 sought approval of plans to build upon Lot #30 (see attached plans) he learned for the first time of the merging of title and the resultant need to have the lots separated by decision of the Zoning Board of Appeals. Therefore, in his behalf, I processed an application before the Zoning Board of Appeals to separate the three lots and restore them to their original status as contained on the tax maps of the County of Suffolk (a copy of which is attached hereto). This application was granted on October 4, 1989 with the caveat that Lot C (actually lot #30) would require the current set-back requirements if Mr. Kinscherf intended to proceed with his building ptans, This, of course, would require that Mr. Kinscherf r~y tOi the Zoning Board of Appeals for a variance from the pro~:i~ed requirements. Mr. Kinscherf does not have such an intention at the present time and an application has thus not been filed. However, because the application to separate the parcels and reinstate them as originally constituted is considered a subdivision under the current zoning code, Mr. ~nscherf i~ required to apply to.the Planning Board for site plan approval on the newly separated lots. In view of the fact that Mr. Kinscherf does not intend to build on Lot #30 (which would first require a variance as stated above) the site plan which would be submitted to this Board simply indicates a continuance of the same status as has existed on this lots since the original one-family homes were built. The filing of an such an application with site plans would require an additional expenditure of $1,500.00 by Mr. Kinscherf and the status of the lots would be as they are and have been for quite some time. In view of the unusual circumstances involved in this matter, it is respectfully requested that this Board waive the filing fee involved. The Board is asked to take note of the fact that the need for the application is based on unfortunate events over which Mr. Kinscherf has had no control and that the end result will do no more than restore these lots to their original posture. Mr. Kinscherf and this office will cooperate with the Board in any manner deemed necessary. I wish to thank you for your consideration of this request. Var? trul~ ,/MARIE ONGIONI / cc: Edwin Kinscherf v5Tneteen Hu~dred a~d Fifty-Two Between INEZ FONDIIAM, residin on ~e north side of the North Road, near Qreenport, in the Suffolk ork. Stale of New York County of Recorded on the day, of .4. D., 19 at o'clock ;i1. in, liter of DEEDS at pa~e and examined. Town~ Clerk " ' part ? of the first part, and EHgHLES KINSCHERF andDORIS BARBARA KINgCHERP,-his.wife,~eg~ing at .9150 89th Street, Woodhaven, New York partitas of the second part, Wilncsscth that the part y of the first part, in consideration of Ten ................................................ Dollars ($ 10.00 ) lawful money of the United States, and other valuable considerations paid by th, e part %es of the second part, do. hereby ~rant and release unto the part i~s of the second part, their heirs and assigns forever, all that certain piece or parcel of ].and near Greenport, in the Town of So~ Suffolk County, New York and more particularly described as follows: BEGINNING at a concrete monmnent set on the westerly line of Inlet Lane, said monument being three hundred feet southerly along said westerly line from the southerly line of Manhanset Avenue, being the northeasterl corner of land of Lester Pollock and the southeasterly corner of the premises herein described; and running westerly along said land of Pollo 100.0 feet to a concrete monument; thence northerly along other land of the party of the first part and parallel With said westerly line of Inlet Lane 100.0 feet; thence easterly along other land of the pa?ty of the first part and parallel with said southerly'line of Manhanset Avenue lO0.0 feet to said westerly line of Inlet Lane; thence along said westerl l~in~e- _o~_!.nlet Lane S. 2° ~, 00" W. 100.O feet to the point of beginning. [j , Together with the appurteuances aud all the estate aud rights of the part y of the.first part in and to said premises, To have and to hold the premises herein ~ranted unto the parti-~.~, of the second part, their h~irs and o$si~ns forever. And said party of the first part First, Tha! said party of the first part covenant $ as follows: seized of said premises iu fee ::imple, a~*d has ~ood right to convey the same; Second, That the parti~a of the secoad part shall quietly e~doy the said premises: Third,' That the said premises are free from i. cu mbrances: Fourth, That the part y of the first part will execute or procure any further necessary assurance of the title to said premises: Fifth, That said party o£ the £~rst part will forever Warrant the title to said premises. Sixlh, That, iu Compliauce with Sec. 13 of the Lie~ Law, the ~rantor will receive the consideratiou for this conveyance and will hold the right to receive such consideratiou as a trust fund to be applied first far the purpose of payin~ the cost of the improvemeut and will apply the same first to the payment of the cost of the improvement before usin~ any part o]' the total of the same for any other purpose. In Witness Whereof, the part hand and seal y of the first part ha a hereunto set her the day and year first above writteu. State of New York } On this '~-~ ]' ~''( day of August County of Suffolk ss. ~Vineteen HUndred and Fifty-Two before me, the subscriber, personally appeared iNEZ FORDHA~ . to me personally known and Z~nowu to me to be the same pervon ~eseribed iu and who executed the within Instrument, and s he duly acknowledged to me that she executed the same. RECORDED ~Votary Public . '"EKRY SOOT. MOOR~ '~OTAflY PUBLIC, STATE OF NEW YORK ~.]DENT OF SUFFOLK CO., CLERK'S NO. COMMISSION EXPIRES MARCH ~0, AUG 27 1952 R. FORD HUQHES CLERK OF SUFFOLK COUN'rY FULL COVENANT WITH LIEN COVENANT · I~EZ FORDHAM EDWIN CHARLES EINSCPIERF and DORIS BARBARA KINSCPrH~RF,his ~ife HENRY. BOOTH MOORE, GREENPORT, N~N YORK ,tECORGED .h G / ~ L,,~,,a LK {.m, er ~OU'1~,~DLJ DE [.AG Ddt2f?.OUNPlNG L.O..~ ~E~k<[!p f.,¥ PUBLIC V,/ATi~fZ. Z :Z 5UI~_VEYDD JUM, 23,1 ~<:;~ LICENSED LAND SURVEYORS GREE~RT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVAL ST~,T£MI[NT OF INT.ENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. (si ..... APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL OF CONST R UCT ION ONLY DATE: , .... .. s. ,EF. APPROVED: , ,, ', SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT BLOCK P~L. OWNERS ADDRE~: .gYs-._T_E'r.':_P~¥,_L4 Y ! ~7?. t. IL LOAM WAT E ~ SEAL LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Proiect Type: Site Plans Status: InComplete Application - In Active SCTM #: . 1000 - 40.-1-23 Project Name: Mariculture Technoloaies Address: Clark's Beach, Greenoort Hamlet: Greene)oft Applicant Name: Robert Link, Maric~ulture Technol0flies, Inc. Owner Name: Villa.qe of Greenport Zone 1: R-80 Approval Date: OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filing! Date: C and R's: Home ASSOC: R and M A.qreement: A d~c~ lndl~ ~h~ ~ h~v~ m~cl ~h~ m~a~d infonll~on Zone 3: SCAN Date: SCANNED JUL 2 9 2OO9 / Records Management J