HomeMy WebLinkAbout1000-43.-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
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~ 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
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