Loading...
HomeMy WebLinkAbout6350Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 18, 20t0 ZBA APPLICATION #6350 APPLICANTS/OWNERS: Frank J. & Donna Scarola and Donna Perrin PROPERTY LOCATION: 4850 Sound Ave., Mattituck, NY. CTM: 121-3-6. RECEIVED BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section280-13B, sub-section 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy -No. Z-33826 dated 7/10/09. The proposal is for (three) bedrooms for lodging and serving of breakfast to the B & B casual, transient roomers. Property consists of a two-story barn that was renovated into a very large home approximately 2 years ago. This home lies on a parcel with three large barn storage buildings. Total lot area is 96,567 square feet, or 2.217 acres. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 21, 2010 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Frank J. & Donna Scarola and Donna Perrinl the applicant(s) herein, are the owners of the property, located at 4850 Sound Ave., Mattituck consisting of 96,567.61 sq. ft., with 157 feet on Sound Ave., 354.56 feet on the east property line, 275.62 feet on the south property line and 506.51 feet on the west property line. It's improved with a one and two story single-family dwelling and three accessory buildings as shown on the survey by Nathan Taft Corwin III, L.S. dated last revised Sept. 9, 2009. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated, as confirmed by Donna Perrin, 50% owner. 2. The applicant's plans comply with the on-site parking requirements and provide for five parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s), as noted on the above survey by Nathan Taft Corwin. 3. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 Page 2- February 18, 2010 ZBA File#6350 - Scarola/Pcrrin CTM: 1000-121-3-6 at 4850 Sound Ave., Ma~ituck of the Zoning Code. All buildings on site shall be made accessible for fire and police protection. 4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses. It is compatible with its surroundings and the character of the neighborhood and community in general, particularly with regard to visibility, a proper parking area for guests and overall appearance. 5. The Special Exception is accessory to the principal dwelling use and will not prevent the orderly and reasonable use of adjacent properties. Dedicated accessory B&B space is noted at 2,300 sq. ft. The dedicated owner space is noted at a minimum 3,656 sq. ft. The owner's storage space noted at 1,173 sq. ft., and all other areas (mechanicals) are noted at 456 sq. ft., per floor plans submitted by owner's agent, North Fork Permits, dated received in the Zoning Board on January 19, 2010. 6. This accessory will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. The use will be in harmony with and promote the general purposes and intent of this chapter. 7. No evidence has been submitted to show that the safety, health, welfare, comfort and convenience or the order of the Town of Southold will be adversely affected by this proposed use of a Bed and Breakfast in this location. 8. This Accessory Use is authorized by the Zoning Code Section 280-13B(14) with Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before the Bed and Breakfast use may be occupied. 9. No adverse conditions were found after considering items listed under Section 280-142 and 280-143 of the Zoning Code. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried to GRANT the Special Exception permit for an Accessory Bed and Breakfast, to be used only in conjunction with the applicants-owners residence, as applied for, SUBJECT TO THE FOLLOVVlNG CONDITIONS: 1. Owners shall occupy this single-family dwelling as their principal residence. This permit can only be used for its intended use, not any other use. If specific violations regarding this Special Permit are proven to be true, the following procedure will be taken to correct its issuance: The Zoning Board of Appeals will on its own motion hold a hearing for the purpose of taking testimony with the potential or possible intent of revoking this Special Exception permit. 2. There shall be a flexible chain ladder properly installed for the second floor bedroom area. 3. That signage is established on the subject premises stating that no guests at any time are permitted to back out on Sound Avenue, when exiting the property with a vehicle. 4. This Special Exception is limited to three (3) bedrooms and common areas for the Bed and Breakfast use as indicated on the floor plan submitted by the agent for the applicants, North Fork Permits, received by the Board of Appeals on Jan 19, 2010. 5. If applicantJowners wish to increase the accessory B&B guest reoms to more than three, they must apply to the Zoning Board of Appeals. Page 3- February 18, 2010 ZBA File#6350 - Scarola/Perrin CTM: 1000-121-3-6 at 4850 Sound Ave., Mattituck Within thirty (30) days of the filing of this decision Donna Perrin (50% owner) shall submit to the office of the Zoning Board of Appeals, a notarized affidavit confirming that she occupies the subject premises as her principal residence for the purpose of operating the accessory Bed & Breakfast granted herein. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members ~y.~man (Chairperson), Dinizio, Goehringer, Schneider. (Absent was: Member Ho~ng ~ Th~ Resolqtion was duly adopted (4 -0). Leslie Kanes Weism~.n, Chailperson Approved for filing - 'J,, / ,'~ ~' /2010 R~C~IVED ~ECEIVED NOV 0 9 2009 BOARDOFAPPEALS SURVEY OF PROPERTY SITUA TED A T MATTITUCK TOWN OF- SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-121-05-06 SCALE 1"=50' SEPTEMBER 20, 2000 JULY 24, 2006 UPDATE SURVEY FEBRUARY 25, 2009 ADDED SEPTIC SYSTEM & WATER MARCH 24, 2009 ADDED PROPOSED PARKING APRIL 1, 2009 ADDED PROP. DRYWELLS SEPTEMBER 9, 2009 REVISED NOTES AREA 96,567.61 sq. ff. 2.217 mc, LINE CERTIFIED TO' FRANK SCAROLA 8,1¸ ,57. oo, \% 9.q 5.69- $ to9 N.Y.5 L,c. No. 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (651)727-1727 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA~ON OF SECTION 7209 OF THE NEW YORK STA~ EDUOATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, January 14, 2010 To: Board Members From: Vicki This map is per Jerry's request. He wanted the applicant to provide the area and square footage dedicated for the owner's use, the area dedicated to the bed & breakfast use and square footage, and the use and square footage of all other areas. 3tO Floor Plan L OWNER COMMON ROOM ,['2 OWNER Third Floor Plan 120' FUTURE B&B BEDROOM & BATHROOM B&B LIVING ROOM B&B BEDROOM 'B&B , : B&B .~ B&B O~ CLOSET FULLBATH -~ j 04 G' B&B BEDROOM B&B BEDROOM_ OWNER KITCHEN OWNER DINING ROOM OWNERGARAGE Floor Plan REC£1'VE~ JAN ! 9 2810 8OARD OF ~ ~¢35o L]:VIN6 5PACE ALLOCATe. ON DEDZCATED B & 8. SPACE. DED]:CATED OWNER 5PACE,~ FUTURE B & B SPACE ALL OTHER AREA5 (MECHANICAL ROOM) ' 2,300 5Q/FT ,, 3,656 5Q/F~ 1,173 5Q/FT 456 5Q/FT ' IREVIEWED BY ZBA J SEE O£C~mON * ;~? BATED L / ~L © Z NORTH KEY PLAN COMM, NO.: NiP DATE: ]m~e 15, 2009 SCALE, AS NOTED Floor Plans A-1 11/8~/208g 1~:03 1G3176517G~ T~INKSPOT PAG~ 82 ~OUTItOLD TOWN BOARD OF APPEALS Phoae (~31) 76~-18~) Fax (631) 7~90~ ~p~CA~ON FOR SPECI~ EXCE~ION Applica~on No. I (~) ~by ~ly W ~ ZON~G BOA~ OF APPE~, ~u~ol~ N~ York ~r a SPEC~L EXCE~O~ ~ zccor~e ~ ~ ZO~G O~A~CE, ~TICLE~ ~ SE~ION ~ I$ NO~: If aDli~t is ~ ~ o~. m~ if aDlic~t b o~s aery, agem~ arc~ct, b~ld~, ~:Au~r~dTelep~ne: R~e~nmtive:~ s ~ RECEIVED NOV 0 9 BOARD OFAPPEALS For the below-descn~-zl prOlmW fo~ the following uses and purposes (and as sho ckawn to scale): (attach separate sheets if needed) and referred to as ~~) ~: M~/~'fff? identified on the Suffolk County Tax M~ps as Di~hict 1000, Seclion [~"4. Lo~(s) g~ ~.~ , which is not (is) on a subdivision Map (Filed "Filed Map No. b~n ~i~proved by the Souihold Town Phoning Board on [MiaorJ 0dajo~} Subdivision). / / Thc above-.described inopetty was a~quized by the ownc, on .~/, /t.~ The applicant ailel~es ~l~t ~hc ~ppmwl of t~iz ~."'.~01ion would I~ ~ h{tnnon~ p~ of said zoning orainnnce xed Ibat the proposed o..se co~orms to the ~ thc~fore in said ordinance and wo~ld not be deuimental to l~ope~y or peranx trot the following reasoas: C, Thc propexty which is the subject of lhis spplicalton is ~oned ~", f~.._ [.,,~ is ~ist=m '~th tl~ o~s) d~gzil~d ~ th~ C~tific~t~ of Occul0~ncy(copy al [ ] isnotcons/zmntwithth~cateofO~czq~ncyb~h~gfumishrdherewith[ t on thc attached plan :t(s) ofprope~ known Block _~, , "Map of , arid has lisa and the folloWlOg COUNTY OF ~',~TTC, Lk~)o~ STATE OF ~ dayof ~f 8H~RA KELLY Expires 6/11/201 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECElZVED IOV t} 9 2_009 BOARD OF APPEALS A. Please disclose the names of the owner(s) and any other individuals (and entities) having a.financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. I~he ~ubject premises listed on the real estate market for sale, being shown to prospective buyers? { } Yes {~,-}~No. (If Yes, please attach copy of "conditions" of sale.) C. Are there~proposals to change or alter land contours? { .} Yes {~,~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas ghown on the map submitted with this application? 3. Is the proper~¥ bulkheaded be%ween the wetlands area and the upland building ar~a? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town, Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation.near the area of proposed cQnstruction at or below five feet above mean sea level? ~O (If not applicable, state "N.A.") Fi Are there any patios, concrete barriers, bulkheads or fences which exist an~are not shown on the survey map that you are submitting?p~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~O If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you pr any co-owner also own other land close to this parcel? ~O 'If yes, please explain where or submit copies of deeds. I. Please list Dres~t u~e pi operations conducted a~ this parcel $~t~ ~i~ f~.~.~kC~_: proposed us~ ~ umw%°- .~1'1'1'1'1'1'1'1'[~3. .U. !~<~3-,_~ - 17 "7 t Au~horized~ature and Date , 3/87, 10/901k ~N APPLICANT · SACTIONAL DISCLOSURE FORM~ (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this foma is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessatw to avoid same. (Last name, first nam°e, middle tmtml," -- ~ ' ~'mtless you are appl' ying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception ~ If "Other", name the activity: I~ECEZVED NOV 0 9 2009 BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~A_t~a]~.~f Signatare:~~~ ' Phnt Name: Office Location: ,Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 NOV 0 9 zOO,, BOARD OF APPEALS QUESTIONNAIRE Accessory Apartment or Bed and Bre'akfa~t with Owner-Occupancy Names of Individuals or Parties Having an Interest in the SUbject Premises and a description of their Interests: N_ame of the,Applicant(s) and his/her Residence: Names of Current Residents/Occupants of the S~b'ject PremiseS: · Curren~ Occupants are: (please check one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease { ~ Current Owner {. } Contract Vendees { } Proposed Occupants/Residents under the Subject Application { } Residents NCffE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, are.not contract vendees, are not proposed OccuPants/Residents under the Subject Application~ and/or have a different -- residence. Is the ~ubject premises listed on the real estate market for s. ale/~ bei~e3~hown to pro'spective buyers? { ' } Yes No.. /. J . ,/ - R~f~oriz~fd ~ignat~re and Date RECEZVED ~OARD OF APPEAL~ From: Frank Scarola 4850 Sound Ave. Mattimck, NY 11952 Date: 11/3/09 To whom it may concern, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. ,rth Fork Permits Permit Expediters RECEZVED To: Town ofSouthoM Zoning Board of Appeals Town Hall Annex Southold, NY 11971 BOARD OF APPEALS From: North Fork Permits William Gorman PO Box 1447 Mattituck, NY ! 1952 Date: December 14, 2009 Re.' Frank Scarola SCTM# 1000-121-3~6 Area Variance OR Special Exception for B&B To whom it may concern. My clients, Frank Scarola and Donna Perrin, are seeking a Special Exception determination to operate a Bed and Breakfast at 4850 Sound Avenue, Mattimck, NY. Please f'md a copy of the certified recorded deed that increases Donna Perrin's percentage of ownership from 1% to 50%. Thank you for consideration, ~ ~¥illi~n ~. o{$,~an, North Fork Permits Authorized Representative for Frank Scarola P.O. Box 1447, Mattituck, New York 11952 631-445-1461 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPAR~ENT Office of the Building Inspector ToWn Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-33826 Date: 07/10/09 CERTIFIES that the building NEW DWELLING FL~TTITUCK Location of Property: 4850 SOUND AVE (HOUSE NO.) (STREET) {HAMLET) County Tax Map NO. 473889 Section 121 Block 3 Lot 6 St~division Filed ~p NO. __ Lot NO. __ conforms substantially to the Application for Building Permit heretofore filed in this o~ice dated MAY 17, 2007 pux&~aant to which Building Permit No. 33123-Z dated JI~NE 8, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTER EXISTING BUILDING TO O~ FAMILY DWELLING WITH FIRST FLOOR STORAGE AREA, UNHEATED NONHABITASLE ATTIC SPACE, SECOND FLOOR DECK, 5 BEDROOMS ~ND ATTACHED TWO C~ GARAGE AS APPLIED FOR. The certificate is issued to FRANK & DONNA M SCAROLA (OWNER) of the aforesaid building. R~c-rMIC3%L CERTIFIC3%TE NO_ 08-6115 04/27/09 ~ ~TIFI~-ATIONI~k'£~U 04/28/09 G~RY A STA/~L ~~t hOrized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34054 Date: 11/05/09 THIS CERTIFIES that the building FARM STORAGE BLDG MATTITUCK Location of Property: . 4850 SOUND AVE (HOUSE NO.) (STREET) (HAMLET) County Tax Map NO. 473889 Section 121 Block 3 Lot 6 subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2, 2008 pursuant to which Building Permit NO. 33781-Z dated APRIL 2, 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The OCCupancy for which this certificate is issued is FARM STORAGE BUILDING (60' X 100') AS APPLIED FOR PER ZBA ~805, DATED 9/30/65. The certificate is issued to FRANK & DONNA M SCAROI~% ( OWN ER ) of the aforesaid building. SuFfOLK COLHFI"f D~PART~NTOF HEALTH A~PROV~J~ . N/A ~L~CTRICJkL CERTIFICATE NO. 129241C 08/14/09 PLUMBERS C~KTIFICATION DATHU N/A /~//~t~o~r~i~z~d Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Eall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34070 Date: ~1/13/09 T~IS ~KTIFIES that the building STORAGE BUILDING Location of Property: 4850 SOUND AVE {HOUSE NO.) (STREET) Co~ty Tax Map No. 473889 Section 121 Block 3 MATTITUCK (HAMLET) Lot 6 Subdivision Filed Map No. -- Lot NO. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2, 2008 purs,,~nt to which Building Permit NO. 33782~Z dated APRIL 2, 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is NON-HABITABLE STORAGE BUILDING (40 X 100) PER ZBA #1063 DATED 3/2/67. The certificate is issued to FRANK & DONNA M SCAROLA (OWNER) of the aforesaid building. ~uMFOLK COLH~TY DEPART~Fr OF HEALTH APPROVAL N/A ELBL-rKICAL C~RTIFICAT~ NO. 129244C 08/14/09 Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 34029 Date: 10/22/09 THIS C~TIFIBS that the building ACCESSORY STORAGE Location of Property 4850 SOUND AVE MATTITUCK (HOUSE NO.) (STREET) (MAMLET) County Tax Map No. 473889 Section 121 Block 0003 Lot ~06 Subdivision Filed Map NO. __ Lot No. __ Accessory Building co~foz~s s~bstantially to the Requirements for a~~...~ built prior to APRIL 9, 1957 pursuant to which CE~TIFICATH OF OCCUPANCY N~4BER Z- 34029 dated OCTOBER 22, 2009 was issued, and conforms to all of the requirements of the applicable previsions of the law. The occupancy for which this certificate is issued is ACCESSORY STORAG~ BUILDING. (BUILDING D ON SURVEY) The certificate is issued to FRANK & DONNA M SCAROLA (OWNER) of the aforesaid building. NIA N/A ~/A o nature Rev. 1/81 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-49955 RECEIVED BOARD OF APPEALS., I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on12115/2009 under Liber D00012609 and Page 751 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1211512009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL RECE~[VED BOARD OFAPPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DEED ~m~er of Pages: 5 Receipt N~,mBer : 09-0144646 TRANS~R TAX NUMBER: 09-11388 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 121.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $250,000.00 12/15/2009 12:23:57 PM D00012609 751 Lot: 006.000 Received the Following Fees For Above Instrument Exempt Page/Filing $25.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $6.25 NO RPT Transfer tax $1,000.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 09-11388 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $2,000.00 NO $3,361.25 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Ctfi # Deed / Mortgage Instrument 4 RECEIVED BOARD OF APPEALS Deed / Mortgage Tax Stamp FEES Page / Filing Fee Handling TP-584 ,5 -- Notation EA-52 17 (County) EA-5217~ R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy j' Reg. Copy Other 5 500 Sub Total SubTotal .~.~0 ~ ORA DTO A 5bi 5 I Real ProPerty Tax Service A~encv Verification 09029819 xooo 12100 0300 006000 Stamp ~ ') Date m Initials ] Satisfactions/Discharges/Releases List Property OwnersMailing Address RECORD& RETURN TO: Law Offlces of Kramer & Associates, PC 99 Tulip Avenue, Suite 405 Floral Park, New York 11001 (516) 775-0300 REC3R~r ED : !2:23:57 F'M j_[~T~ ~,, '"' ~-~" OF L F' 75i Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec. 1Add.' TOT. MTG. TAX Dual Town__ Dual County Held for Apportionment __ ransfer Tax t I lhe property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax ciause on page # __ ofthis instrument, i ~.,[/~._ 0~ ]ommunity Preservation Fund Consideration Amount $ {t~PXl~ Tax Due $ 2,000 · O0 Improved X X TD TD 9 Suffolk This page forms part of the attached Title Company Information Co. Name N/A Title # Recordin & Endorsement Deed Frank d. Scarola and Donna M. Scarola, Husband and wife and uonna verrln TO Frank J. Scarola and Donna M. Scarola, Husband and Wife and Donna Perrtn made by: (SPECIFY TYPE OF INSTRUMENI' ) '[he premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of $outhol d In the VILLAGE or HAMLET of Mattituck BOXES 5 TI LRU 9 MUST BE TYPED OR PRINFED IN BLACK INK ONLY PPdOR TO RECORDING OR FILING. (OVER) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -- THIS INSTRUMENT SHOULD BE USED BY LA~R~Vo~y ~OARD OF APPEAI.~ lnbzntnrz, made the 12th day of December, Two Thousand and Nine BETWEEN FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife, residing at 61 Stratford Avenue, Garden City, New York 11530, as and for a Ninety-Nine Percent (99.00%) Interest in the Premises, - and - DONNA PERRIN, residing at 4850 Sound Avenue, Mattituck, New York 11952, as and for a One Percent (1.00%) Interest in the Premises,, party of the first part, and FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife, residing at 61 Stratford Avenue, Garden City, New York 11530, as and for a Fifty Percent (50.00%) Interest in the Premises, - and - DONNA PERRIN, residing at 4850 Sound Avenue, Mattituck, New York 11952, as and for a Fifty Percent (50.00%) Interest in the Premises, party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dollars ($10.00) lawful money of the United States of America, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF SAID PREMISES being known as and by 4850 Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York 11952. BEING and intended to be the same premises conveyed to the party of the first part by deed dated the 12th day of November, 2009 and recorded in the Office of the Clerk of the County of Suffolk in Deed Liber D00012606 at Page 016. District: 1000 Section: 121.00 Block: 03.00 Lot: 006.000 RECEIVED SCHEDULE "A' LEGAL DESCRIPTION BOARD OF APPEALS ALL THAT CERTAIN PLOT, PIECE, OR pARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE pARTICUI~RLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET ON THE SOUTHWESTERLY SIDE OF SOUND ,AVENUE AT A POINT MARKING THE NORTH WEST CORNER OF THE i~uNDS HEREIN DESCRIBED...AND THE NORTH RAST CORNER OF LJ%NDS NOW OR FORMERLY OF PRINS; RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG TNE SOUTBWESTERLY SIDE OF SOUND AVENUE, SOUTH 72 DEGREES 49 MINq3TES 20 SECONDS EAST 157.00 FEET TO A POINT AND THE WESTERLY SIDE OF LAND NOW OR FORMERLY OF UNKELBACH; RUNNING THENCE ALONG SAID L;~gD THE FOLLOWING 3 COURSES AND DISTANCES: 1. SOUTH 17 DEGREES 10 MINUTES 40 SECONDS WEST 24.50 FEET TO A MONUMENT; 2. SOUTH 10 DEGREES 22. MINUTES 00 SECONDS EAST 330.06 FEET TO A MONUMENT; 3. SOUTH 69 DEGREES 17 MINUTES 20 SECONDS WEST 275.62 FEET TO A MONLD4ENT SET ON THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF PRINS; THENCE ALONG SAID LAND THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 09 DEGREES 13 MINUTES 30 SECONDS WEST 192.00 FEET TO A MONUMENT; 2. NORTH 15 DEGREES 57 MINUTES 10 SECONDS EAST 314.53 FEET TO TNE SOUTHWESTERLY SIDE OF SOUND AVENUE AT THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 121.00 BLOCK 03.00 LOT 006.000 District: 1000 Section: 121.00 Block: 03.00 Lot: 006.000 TOGETHER with all rigll~[itle and interest, if any, of the party oln[l~ first part in and to any streets and roads abutting the above-described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and the year first above written. WITNESSES: J. scA tYLA RECEIVED STATE OF NEW YORK } COUNTY OF NASSAU } ~OARD OF APPEALS On the 12~h day of December, 2009, before me, the undersigned, personally appeared Frank J. Scarola, personally lmown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person on behalf&which the individual acted, executed the instrument. Notary STATE OF NEW YORK } COUNTY OF NASSAU } GREGORY R KRAMER Notary Public, State of New York No, 01 KR4868750 Qualified in Nassau County Commission Expires September 22, 2010 On the 12th day of December, 2009, before me, the undersigned, personally appeared Donna M. Scarola, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and she acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. N~tary Public GREGORY R KRAMER Notary Public, State of New York No. O1 KR4868750 Qualified in Nassau County _ _ RECEI(VED STATE OF FLORIDA } BOARD OF APPEALS I ss.: 3 COUNTY OF ~ } On th~day of December, 2009, before me, ~c undersigned, personally appeared Donna Perrin, personally ~o~ to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to ~e within ins~ment and she ac~owledged to me ~at she executed fl~e same in her capacity, and that by her signature on thc ins~ment, ~e in~vidual or the person on behaff of which ~he individual acted, executed ~e inst~ment in the Ci~/Village~o~of ~}.~ ,Coun~of ~0~ ,StateofFlorida. Not~ Publ~ BARGAIN AND SALE DEED With Covenant Against Grantor's Acts FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife (99.00% Interest), and DONNA PERRIN (1.00% Interest) DISTRICT: 1000 SECTION: 121.00 BLOCK: 03.00 LOT: 006.000 COUNTY/TOWN: Suffolk TO FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife (50.00% Interest), and DONNA PERRIN (50.00% Interest) RETURN BY MAIL TO: LAW OFFICES OF KRAMER & ASSOCIATES, ATTORNEYS AND COUNSELORS AT LAW 99 TULIP AVENUE, SUITE 405 FLORAL PARK, NEW YORK 11001 (516) 775-0300 Reserve this space for use of Recording Office RESIDENTIAL CONTRACT OF SALE - 01-2009 LAw OFrlCgS Or KaaMER & ASSOC~aTSS, P.C. BOARD OF APPEALS Jointly prepared by the Real Proper~y Section of the New York State Bar ~ssociation, the New York State Land 7~tle 3ssociation, the Committee on Real P~perty ~aw of the ~ssociatlon of Bar of the Ci~ of N~w York and the Com~nittee on Real Property Law of the N~ York Coun~ La~er's ~ssociation. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW CPLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the tide closing. C0ntratt of ale made as of the 24th day of November ~ 2009 BETWEEN Name: Frank J. Scarola Social Security Number/Fed. I.D. No(s): 086-56-3879 Address: 61 Stratford Avenue, Garden City, New York 11530 Name: Donna M. Scarola Social Security Number/Fed. I.D. No(s): 106-54-5202 Address: 61 Stratford Avenue, Garden City, New York 11530 hereinafter called "Seller" - and - Name: Donna Perrin Social Security Number/Fed. I.D. No(s): 127-70-2938 Address: 4850 Sound Avenue, Mattituck, New York 11952 hereinafter called "Purchaser" and 1. Premises. Seller shall sell and convey and Purchaser shall purchase A ONE-HALF (¼) INTEREST in the property, together with all buildings and improvements thereon (collectively the "Premises"), more fully described on a separate page marked "Schedule A", annexed hereto and made a part hereof and also known as: Street Address: 4850 Sound Avenue Mattituck, New York 11952 2. Personal Property. This sale also includes all fixtures and articles of personal property now attached or appurtenant to the Premises, unless specifically excluded below. Seller represents and warrants that at Closing they will be paid for any owned by Seller, free and clear of all liens and encumbrances , except any existing mortgage to which this sale may be subject. They include but are not limited to, plumbing, heating, lighting, and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, switch plates and door hardware, venetian bhnds, window treatments, shades, screens, awnings, storm windows, storm doors, maiJ box, pumps, shrubbery, fencing, range, oven, refrigerator, freezer, wall to wall carpeting and built-ins not excluded below (strike out inapplicable items). Tax Map Designation: District: 1000, Section: 121.00, Block: 03.00 Lot(s): 006. 000 Improved I Family with all improvements and Warehouse Buildings on Premises.. Together with Seller's ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to thc center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to thc Premises by reason of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser, at Closing (as hereinafter defined), or thereafter on demand, any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and collection of such award or damages. ALL OF THE ABOVE PERSONAL PROPERTY ITEMS ARE INCLUDED AS PRESENTLY EXISTS AT THE PREMISES AND IN "AS IS" CONDITION Excluded from this sale arc furniture and household furnishings and 3. Purchase Price. The purchase price is: ~0,000.00 payable as follows: (a) on the signing of this contract, by Purchaser's check payable to the Escrowee (as hereina/ter defined), subjec~ to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the Down Payment"): $ 10,000.00 Co) by allowance for the principal amount unpaid on the existing mortgage on the date hereof, payment of which Purchaser shall assume by joiner in the deed: $ 0.00 (c) by a purchase money note and mortgage from Purchaser to Seller: $ o.oo (d) balance at Closing in accordance with paragraph 7: $740,000.00 6. Down Payment in Escrow. (a) Seller's Attorney CEscrowee") shall hold the Down Payment for Seller's account in escrow in an at JPMorgan Chase Bank, Floral Park Branch, 15 Verbena Avenue, Floral Park, New York 11001,- until Closing or sooner termination of this contract and shall pay over or apply the Down Payment in accordance with the terms of this paragraph. Escrowee shall (not) (Delete if inapplicable) hold the Down Payment in an interest-bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the party entitled to the Down Payment and the party receivthg the interest shall pay any income taxes thereon. If interest is not held for the benefit of the parties, the Down Payment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the Down Payment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives notice (as defined in paragraph 250 to Es~cowee demanding payment of the Down Payment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive notice of objection from such other party to the proposed payment within 10 business days al;er the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a Final, nonappealable judgment, order or decree of a court. However, Escrowee shall have the right at any thne to deposit the Down Payment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Purchaser. Upon such deposit of other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (b) The parties acknowledge that, although Escrowcc is holdLng the Down Payment for Seller's account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowec shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of the Escrowee. Seller and Purchaser jointly and severally agree to defend, indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorney's fees) incurred in comnection with the Performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining from action upon the advice of such counseIR£¢£iYL.-O ~) BOARD OF APPEALS (d) Escrowee acknowledges receipt of t~bwn Payment by check subject to collection and Escrowee's~Vagreement tot he provisions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escrowee or any member of its fnma shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Down Payment or any other dispute between the parties whether or not Escrowee is in possession of the Down Payment and continues to act as Escrowee. 7. Acceptable Funds. Ail money payable under this contract, unless otherwise specilled, shall be paid by: (a) Cash, but not over $1,000.00; CO) Good certLqed check of Purchaser drawn on or official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York , unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon not less than 3 business days notice Coy telephone or otherwise) to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing, xmcertilqed check of Purchaser up to the amount of $1,000.00; and (d) As otherwise agreed to in writing by Seller or Seller's attorney. 8. Mortgage Contingency. (Delete if inapplicable) q~ne obligations of Purchaser hereunder are conditioned upon issuance on or before 7 5 days from receipt by Purchaser's Attorney of a fully executed contract of sale (the "Commitment Date") of a v~itten commitment from any Institutional Lender pursuant to which such Institutional Lender agrees to make a first mortgage loan, other than a VA, FItA or other governmentally insured loan, to Purchaser, at Purchaser's sole cost and expense, of $1,250,000.00 or such lesser sum as Purchaser shall be willing to accept at the prevailing fixed rate of interest not to exceed Prevailil~Ej Rate or initial adjustable rate of interest not to exceed for a term of at least 15]30 years and on other customary conunitment terms, whether or not conditional upon any factors other than an appraisal satisfactory to the Institutional Lender. Purchaser shall (a) make prompt application to an Institutional Lender for such mortgage loan, (b) furnish accurate and complete information regarding Purchaser and members of Purchaser's family, as required, (c) pay all fees, points and charges required in connection with such application and loan, (d) pursue such application with d~igence, (e) cooperate in good faith with such Institutional Lender to obtain such commitment and (0 promptly give Notice to Seller of the name and address of each Institutional Lender to which Purchaser has made such application if requested by Seller's attorney. Purchaser shall attempt in good faith to comply with all requirements of such commitment (or any other commitment accepted by Purchaser) and shall furnish Seller with a copy thereof promptly a~er receipt thereof. If such commitment is not issued on or before the Commitment Date, then, unless Purchaser has accepted a commitment that does not comply with the requirements set forth above, Purchaser may cancel this contract by giving reasonable 9. Permitted Exceptions. The Premises are sold and shall be conveyed subject to: (a) Zoning and subdivision laws and regulations, and bmdmark, historic or wetlands designation, provided that they are not violated by the existing buildings and improvements erected on the property of their use. Co) Consents for mrection of any structures on, under or above any streets on wl]~ql the Premises abut; (c) Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway; (d) Real Estate taxes that are a lien, but are not yet due and payable; and (e) The other matters, if any, including a survey exception, set forth in a rider attached. 10. Governmental Violations and Orders. (a) Seller shall comply with all notes or notices of violations of law or mnnicipal ordinances, orders or requirements noted or issued as of the date h~,~f ' by any governmental departinent having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at time of Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searchers that could disclose these matters. *of Closing (b) (Delete if inapplicable) All obligations affecting the Premises pursuant to the Administrative Code of the City of New York incurred prior to Closing and payable in money shall be discharged by Seller at or prior to Closing. 11. Seller's Representations. (a) Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell, convey and transfer the same in accordance with the terms of this contract; (iii) Seller is not a "foreign person", as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC") Section 144§, as amended, and the regulations promulgated thereunder (collectively "FtRlYrA") (iv) The Premises are not affected by any exemptions or abatements of taxes; and (v) Seller has been known by no other name for the past ten years, except NONE CO) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Closing. (c) Except as otherwise expressly set forth in this contract, none of Sal]er's covenants, representations, warranties or other obligations contained in this contract shall survive Clcsing. 12. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such inspection and investigation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other proper~] included in the sale, given or made by Seller or it's representatives, and shall accept the same "as is" in their present condition and state of repair, subject to reasonable use, wear, tear and natural deterioration between the date hereof and the date of Closing (except as otherwise set forth in paragraph 16(0, without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shull have the right, at reasonable times and upon reasonable notice COy telephone or otherwise) to Seller, to inspect the Premises before Closing. 13. Insurable Title Seller shall give and Purchaser shall accept such title as any N.Y. Licensed Title Insurance Co. of Purchasers' choice shall be willing to approve and insure in accordance with it's standard form of title policy approved by the new York State Insurance Department, subject only to the matters provided for in this contract. aECE,VEO BOARD OF APPEALS 14. Closing, Deed and Title.. (a) "Closing" ~[~s the settlement of the obligations of Seller and Purchaser to ea~n olJaer under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser of a Bargain & Sale Deed with Covenants Against Grantor's Acts deed in proper statutory short form for record, duty executed and acknowledged, so as to convey to Purchaser fee simple title to the Premises, free of all encumbrances, except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd 5 of Section 13 of the Lien Law. (b) If seller is a corporation, it shall deliver to Purchaser at the t~me of Closing (i) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (ii) a certificate by the Secretary or Assistant Secretary of the corporation certLfying such resolutinn mad setting forth facts showing that the transfer is in conformity vfith the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance w~th that Section. 15. Closing Date and Place. Closing shall take place at the office of Law Offices of Kramer & Associates, P.C. or Purchaser's Lending Institution at 10: 00 am o'cl~k on or about March 1, 2010 or, upon reasonable notice (by telephone or otherwise) by Purchaser, at the office of Kramer & Associates or Purchaser' s Lending Institution. 16. Conditions to Closing. Tlfis contract and P~rchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy, as of the date of Closing, of the representations and warranties of Seller made in this contract. Co) The delivery by Seller to Purchaser of a valid and subsisting Cert/ficate of Occupancy or other required certificate of compliance, or exddence that none was required, covering the building(s) and all of the other improvements located on the property authorizing their use as a ON~ family dwelling WITH A SPECIAL PERMIT TO BE ISSUED BY THE TOWN OF SOUTHOLD AUTHORIZING THEIR USE AS A BED AND BREAKFAST ESTABLISHMENT as of the date of Closing. (c) The delivery by Seller to Purchaser of a duty executed and sworn affidavit (in form prescribed by law) claiming exemption of the sale contemplated hereby, if such be the case, under Article 31- B of the Tax Law of the State of New York and the regulations promulgated thereunder, as the same may be amended from time to time (co[lectivefy the :Gains Tax Law"); or ff such sale shall not be exempt under the Gms Tax Law, Seller and Purchaser agree to comply in a timely manner with the requirements of the Gains Tax Law, at Closing, Seller shall deliver to Purchaser (i) an official return showing no tax due, or (ii) an official return accompanied by a certified or official bank check drawn on a New York State banking institution payable to the order of the New York State Department of Taxation and Finance in the amount of the tax shown to be due thereon. Seller shall (x) pay promptly any additional tax that may become duc under the Gains Tax Law, together with interest and pene~ties thereon, if any, which amy be assessed or become due after Closing, and/or execute any other documents that may be required in respect thereof, and (y) indemnify, defend and save Purchaser harmless from az~d against any of the foregoing and any damage, liability, liability, cost or expense (including reasonable attorney's fees) which may be suffered or incurred by Purchaser by reason of the nonpayment thereof. The provisions of ~his subparagraph (c) shall surxdve Closing. (d) The delivery by Seller ts Purchaser of a certificstion stating that Seller is not a foreign person, which certification shall be in the form then required by FIRI~I'A. If Seller fa~s to deliver the aforesaid certification or ff Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof)or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the requised forms to the Internal Revenue Service. (e) The delivery ow Premises and all the building(s) and improvements comprisin~' a part thereof in broom clean condition, vacant and free of leases or tenancies, together with keys to the Premises. (f) All plumbing (including water supply and septic systems, if any), heating and air conditioning. If any, electrical and mechanical systems, equipment and machinery in the building(s) located on the property which are included in this sale being in working order as of the date of Closing. (g) If the Premises are a one or two family house, delivery by the parties at Closing of affidavits in compliance with state and local law requirements tot he effect that there is installed in the Premises a smoke detecting alarm device or devices. (h) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable to the order of the appropriate State, City or County officer in the mount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage, if any, shah be delivered by the party required by law or by this contract to pay such transfer and/or recording tax, together with any required tax returns duly executed and sworn to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing. 18. Apportionments and other Adjustments; Water Meter and Installment Assessments. (a) To the extent applicable, the following shall be apportioned as of midulght of the day before the day of Closing: (i) taxes, water charges and sewer rents, on the basis of the fiscal period for which assessed; (ii) fuel; (iii) interest on the existing mortgage; (iv) premiums on existing transferable insurance policies and renewals of those expiring prior to Closing; (v) vault charges; (vi) rents as and when collected. Co) If closing shall occur before a new tax rate is fixed, the apporiionment of taxes shall be upon the basis of the tax rate for the immediately preceding fmcal period applied to the latest (c) If there is a water meter, an actual reading to a date not more than 90 days before Closing and the unfixed meter charge and sewer rent, ff any, shall be apportioned on the basis of such last reading. Seller represents premises are serviced by an operable water mctcr. (d) If at the date of Closing the Premises are affected by an assessment which is or may become payable in annual installments, and the f~st installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at closing shall be corrected within a reasonable time following Closing. This subparagraph shall survive Closing. 19. Allowance for Unpaid Taxes, etc. Seller has the option ts credit Purchaser as an adjustment to the purchase price with the rents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Closing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the purchase price to pay or discharge them, provided Seller shall simultaneously deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said i~struments. As an alternative Seller may deposit sufficient monies with the title insurance company employed by Purchaser acceptable to and required by it to assure their discharge, but oaly ff the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Praises and will insure Purchaser's Institutional Lender clear of such matters. Upon notice Coy telephone or otherwise), given not less than 3 business days before Closing, Purchaser shall provide separate certified or official bank checks as requested to assist in clearing up these matters. BOARD OF APPEALs 21. Title Examinations; Seller's Inl~y to Convey; Limitations of Liability. (a) Purchaser shall o~r an examination of title in respect of the Premises from a title company licensed or authorized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of thc title report and of any additions thereto to be delivered to the attorney(s) for Seller promptly rJter receipt thereof. Co) (i) If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (herein collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be willing to waive the same and to close title without abatement of the purchase price, then, except as hereinafter set forth, Seller shall have the right, at SalleFs sole election, either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this contract; (ii) if Seller elects to take action to remove, remedy or comply with such defects, Seller shall be entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing here~mder for a period or periods not exceeding 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, ff any, shall expire), and the date for Closing shall be adjourned to a date specified by Seller not beyond such period. If for any reason whatsoever, Seller shall not have succeeded in removing, remedying or complying with such Defects at the expiration of such adjournment(s), and if Purchaser shall still be unwilling to waive the same and to close title without abatement of the purchase price, then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii) notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharger or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms, other than a result of PurchaseFs default, this contract shall terminate and come to an end, and neither par~y shall have any further rights, obligations or liabilities against or to the other hereunder or otherwise, except that: (i) Seller shall promptly refund or cause the Escrowee to refund the Down Payment to Purchaser and, unless cancelled as a resnlt of PurchaseFs default or pursuant to paragraph 8, to reimburse Purchaser for thc net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey, and (ii) the obligations under paragraph 27 shall survive the termination of this contract. 22. Affidavit as to Judgments, Bankruptcies, etc. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar tot hat of Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23. Defaults and Remedies. (a) If Purchaser defaults hereunder, Seller's sole remedy shall be to receive and retain the Down Payment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's defaalt might be impossible to ascertain and that the Down Payment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entilled to at law or in equity, including, but not limited to, specific performance. 24. PurchaseFs Lien. All money paid on account of this contract and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are here by made liens on the Premises, but such liens shall not continue after default by purchaser under this contract. 25. Notices. Any notiee or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mai], postage prepaid, or Co) delivered in p~ or by overnight courier, with receipt acknowledged, to the res-ffective addresses given Lq this contract for the party and the Escrowee, to whom the Notice is to be given, or to such other address as such party or Escvowee shall hereafter designate by Notice given to the other par~y or pa~y or parties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that any notice to escrowee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered. 26. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assigmnent(s) made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sale other than I~O Broker ('Broker'~ and Seller shall pay Broker any commission earned pursuant to a separate agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend each other against any costs, claims and expenses, including reasonable attorneys' fees, arising out of the breach on their respective parts of any representation or agreement contained in this paragraph. The provisions of this paragraph shall survive Closing or, if Closing does not occur, the tormination of this contract. 28. Miscellaneous. (a) All prior understandings, agreements, representations and warranties, oral or written, between Seller and Purchaser are merged in this contract; it completely expresses their full agreement and has been entered into after flfll investigation, neither partly relying upon any statement made by anyone else that is not set forth in this contract. CO) Neither this contract nor any provision thereof may be waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributes, legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this article are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until dnly executed and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting requirements, ff applicable. This subparagraph shall Survive Closing. (g) Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and the purpose &this contract. This subparagraph shall survive Closing. CO) This contract is intondcd for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shail not create any rights in, or be c~forccab]e by, any other person or entity. CE VED BOARD OF APPEALS E~OARD OF AppEALS iN WITNESS WHEREOF. this ctmtrnct has been executed by the par%les here}o. ~.~ca=o~a .s,~,,,,- t /""~'"'" Attorney for Seller: Gregory P. Kramer. Esq. A%torney for Purchaser: Law Offices of Kramer 8* Associa[es, P.C. Address: 99 Tulip Avenue. Suite 405 Floral Park. New York I1001 Address: Tel: t5t61 ~75-0300 Tel: Fax: i516) 775-0352 Fax: pRE~I SE S eEontrart of %tie No Frank J. Scarola and Donna M. Scarola, Husband and Wife Section: 121 . O0 District: 1000 Block: 03. O0 Lots: 006. 000 ('ountv or q'~wn: Suffolk TO Donna Perrin .~ppea! ~o. 623 Dated Decembez 50 1963 Ma~t~tu~, ~ Yo~ ......... of the Zonln~ Ordinance, and the decision ul the Building Inspectar ( ) be mverzed ( ~ be confirmed became = ~y hveatl~atl~ and ~l~c heazLn~ ~e Board ~e roll. hq ~tm ~rt~t ~ ~e ~e mp~L~nt ~ses ~ ~s~ct m 24 ft. by 80 ~t. bX~ a~tuze+~at ~ r~r of a ~e~ of a~tely 2 a~es, year for use In ~d~q ~ g~ ~ l~al site v~ld ~nstitute a~al oE a ~issive ~e ~ n a~ea ~he~ (c) Tht varl~tce Idoes)~(does not) observe the spirit of the Ordinance and (would) (would not) change the chnraeter ol,the district because ~r to sur~ l~tt~. 8e~ ~ ~ gnd~9 ~ o~ ~ of b ~ ~ ~g. ~Xo~t, ~ou~ a ~ ~d Iff~t ~ n~dw~ of res~lont~ and oc~pent~ of he.by chAld~nOe csmps, and timt the chmz~er the nel~rh~d would eub~ntinlly change In ~yl anfM~able to the 7,30 P.M. .(~;S.T.), u~, appl~ttAon of Harold Fe~nberg, ~ at a m~cth, g o! me ~ ~ o~ Appeam onl~l~, ~klll]tlWsild~ 3Ct~,j,!~ t,~ a~,e~l FOP. M Z~4 -?, ACTION OF TeE ZONING BO&RD OF ~a?!aea,~a DAT~.I~.~. ~ Apl~hmt ......... of the Zoning Or~l~,,ce. ~ the declsion ~ the ~tL!dlz~ ln~ectc~ I ) be reversed ( ) be :..,.,~, amr m ~ Mal lis- 3. Nature of work (check ,~ich applicable): Building ..ar~Y,a~ ,.- Addition .................. Alterat ............... Repair .................... Removal .................... Demolition .................... Other Work (Describe) ...................................... 4. ~]~stimatecl Cost ............................................................ Fee ...J...~l~e .~;i~..~-.~ijl;~.~.l~'i;,'~ii;~'~i;;;i ................... 5, If dwelling, number of dwelling units .....,1{~0~ ............. Number of dwelling units on each floor ............................ If garage, number of cars ........................................................................................................................................... 6. f business, comrnercla] ar mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front .......................... Rear .......................... Depth ............................ Height ............................ Number of Stories ............................................................................................................... Dimensions of same structure with alterations or o~ditions: Front ................................ Rear ................................ Depth .............................. Height ..............................Number of Stories ........................................ 8.'3~Dirnehsions of entire new construction; Front ............................ Rear ............................ Depth ............................ Height ............................ Number of Stories ............................ 9. Size of lot: Front .....~'~. ............... Rear ......... ~ ............ Depth ......~..~{.~..~!. ~j~ 10. Date of Purchase .......................................... Name of Former Owner .JJe..~J~gJJl~JJJ ......................... ! 1. Zone or use district in which premises are situated......#&tl...(J&~ ........................................................................ 12. Does proposed construction violate any zon,~ law, ordinance or regulation? ........ ~1~ ...................................... 13. Nome of Owner of premises .]J,li~3]-lL-Jl~:J-13.13~l~--AddressJ~/a31i13~l"'-&~t"JJll'e4~e'"'" Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ............ I~ ............................... Address ............................................ Phone No ..................... PLOT DIAGP, AM Locate cieany and distinctly ~1[ build n~s whether existing or proposed, and indicate all s~t-back dimensio~ts,?om proper~y lines. Give street and block number~ or descript on according to deed, and show street names and no c~te wnether interior, or corner lot. STATE OF NEW~Y13~¢-. ~ S.S. COUNTY OF; ........... ~l~.. ......... ~.~..l~.....~. ~Rr~.~ .................................... ~eing duly sworn deposes end soys that he is the applicant ................ i~larne of indlviduol signing oppiic~ion) above ~m~, He is the ....... ... ~.~'.~ .................................................... ;'"'"';~"? .............................. Controctor~ ogent, co~r~e o~ car, ~ ~ d owner or ~ners and is'~ly outhorized to perform or hove ~Horm~ the ~id work ~nd to mo~ ~nd o ' - - - ~ ..... d - ~is a~licat on are tree to the ~st'of h s ~owl~ge and belief Sworn to before me this . ~ ~ ~ o~ ~- of ~- .~-- ~ ~ .... ~9 ........ ~ ~ /~ ~.~ ~It~ ~ ...........~ ....... x .... ~~'"'-' .~...~.~ .~...; ........... ~1 .................................. ' ~ . ~ , ~ ~.,~.~" ~ .............. ~natur, of opp~nt) Noto~ Pubhc, .......~ .............. ~---~ · ~tA~lO~ ~. ~:~t -- South' " o Id Tow n B oar d o £ Appe a Is MAiN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD. L.I., N.Y.'Il971 APPEALS BOARD MEMBERS SE~GE DOYEN, JR. ACTION OF THE BOARD OF APPEALS AppI. No. 3785: PUBLIC HEARING in the Matter of the Application of RAYMOND NINE, CFJ~RLES ZAI{RA and PAMELA NINE for a Special Exception to the Zoning ordinance, Article III, Section 100-30B(16) for permission =o establish "Bed and Breakfast Use," 'an owner-occupied b~ilding, other than a hotel, where lodging and breakfast is provided for not more than six Casual, transient roOmers~ and terming of Mot more than three rooms! Location of Prop~rt!~ Nort~Side of New Suffolk Avenue, Mattituck, NY; County Tax Map D~triet 1000, Section 114, Block 11, Lot 20. WHF~REAS, a}i~aring was held on the Board's own motion upon request of the applicant on March 9, 1989 in the Matter of Appl. No. 3785 for RAYMOND NINE, CHARLES ZAHRA AND PAMELA NINE (received February 27, 1989, as amended to include Pamela Nine); and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered ail testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the entire record, including verbatim transcripts of hearings, the .premises in questlon, its present zoning, its previous zoning, and the surrounding areas; and WHEREAS, th~ Board made the following findings of fact: 1. By this'application,' approval, is sought for a Special Exception for a (~ed and Breakfast Establishment, for the rental of three bedrooms for lodging and serving o~ breakfast to not more than si~~ casual and transient roomers. 2. The premises in question is located in the "Low-Density Residential R-40"Zone District," contains a total area of 22,992 sq. ft. with 113~;0 ft. frontage along the north side of New Suffolk Avenue. Southold Town Board of Appeals -Z- April 13, 1989 Regular Meeting No. 3785 - NINE & ORS, decision, continued:) 3. The subtract premises is identified on the suffolk County Tax Maps ~s District 1000, Section 114, Block 11, Lot 20, and was conveyed by deed dated J~ne 5, 1986 at Liber 10062 page 225 by Wllliam~ickham as Executor of the Estate of E~elyn K. Reeve to Raymond F. Nine and Charles J. Zahra. 4. This p~ce] is improved with a single-family, 2-1/2 story frame dwelling, with setbacks of 54+- feet from the front propertF line along New SuffolkAvenue, 31+- feet from the westerly side property line along lands now or DeReeder, 40+- feet from the easterly side property line along lands now of Nine, and 108+- feet from the northerly rear property line along lands now or formerly of Wilsberg (see copy of survey dated January 14, 1986, prepared by Rederick VanTuyl, P.C.). 5. For the-record it is noted as follows: (a) A public hearing was initially held on October 26, 1988 for this Bed and Breakfast Use on application made by Charles Zahra and Raymond Nine, owners of the property; {b) A decision was rendered by this Board. under date of December 8, 1988, filed in the Office of the Town Clerk on December 13, 198'8, denying the initial application for a Special Esception, without prejudice, for the reasons noted therein; {c) O~ December 13, 1988, referral was made by the Board of Appeal~pursuant to the requirements of Sections A 14-14 to 23 of %he Suffolk County Administrative Code to the Suffolk County Blar~ing Com~dssion. This matter was deemed by the County Planning Commission to be a matter for local determination; (d) On, January 9, 1989, the applicants via their attorney req-uest~d this application be set dow~ by this Board for a rehearing based on their claim of an erroneous reading of the Bed-and-Breakfast Agreement and the law applicable to this application; (e) on~ January 10, 1989, the Town Board passed the new Master Plan and Zoning Amendments; (f} At~a Regular Meeting held January 12, 1989, the applicant's request for a rehearing was considered by the Board of Appeals, and it was the consensus of the Board Members that the applicant in~tead apply with a new application by the new (proposed) property owner with proof of (new) ownership and applicable test~4%ony by the new owner; Southold Town Board of Appeals -3- Aprii 13, 1989 Regular Meeting (Appl. No. 3785 - NINE & ORS, decision, continued:) (g) O~ January 13, 1989, the Board of Appeals was made aware of an Article 78 proceeding filed with the Tow~ Clerk's Office January:12~ 1989 concerning the Board's December 8, 1988 decision under the Special Exception application; (h) At a Special Meeting held February 9, 1989, the Board Members agreed to reopen the public hearing to allow submission o~ testimony by Pamela Nine, the person intending to operate the Bedand Breakfast establishment and intending to reside at the premises if this Special Exception is approved, and submission of any proposed amendments and additional documentation, such as proof byway of a copy of a deed or other legal document showing proof of ownership by Pamela Nine; (i) During the time of the initial application filed September 28, I~88 and about January 22, 1989 under Application No. 3785 for the same "Bed and Brea3c~aat" use by Special Exception, the subject premises was located in the "A-Residential and Agricultural Zone District," and the provisions of law applicable have not changed since the effectuation of the new R-40 Zone District {except for the renumbering from Article III, Section 100-30B[16) to Article III-A, Section 100-30A.2(B) and Article III, Section 100-31(B15)}, which reads as follows: ...B.~ Uses permitted by special exception by the Board-of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forthtin subsection B[15) hereof, are subject to site plan-approval by the Planning Board: (~5) The renting of not more than three (3) roomsf3in an owner-occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and t~ansient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling .... - Southold Town Board of Appeals-4- April 13, 1989 Regulaz Meeting (Appl. NO. 3785 ? NIN~ & ORS, decision, continued:) 6. For the record it is noted that the dwelling is and has since the filing, of this application been under the ownership of Raymond F. Nine and Charles J. Zahra and has been occupied as a single-family residence by persons other than the owners and other than pamela Nine. 7. On February 27, 1989, the application was primarily amended to include Pamela Nine as an applicant and to supplement the "Bed-amd-Breakfast Agreement" provision that "Miss Nine will upon approvalof this application, and at a later date come into title, OCCUpy the premises, and operate a Bed & Breakfast." 8. One of the requirements for the grant of a Special Exception for a Bed and Breakfast establishment is owner-occupancy. 9. The record shows that none of the owners reside at the subject premises, and that the person who would come into title and occupy the premises upon approval of the Bed and Breakfast is not presentlyan owner. 10. The intent and purpose of the Bed and Breakfast use under the zoning~code is clearly as a use subordinate and incidental to th9 princi~al dwelling use with owner-occupancy. It is apparent in this application that the Droposed Bed and Breakfact use is not subordinate and incidental to the principal use and is not owner-o~cupied. 11. Also, there is clear distinction between $ party to a "bed-and-breakfast agreement," a party to a contra~t of sale, andthe definiti~n of "owner." The Board finds that the party involved in the '!'bed and breakfast agreement" does~not meet the requirements of the statute as an "owner." 12. For the~above reasons, the Board finds that it is without authorit~ to grant a Special Exception use lwhere the project does not'meet all of the requirements: of t~e Zoning Code {K~adle v, ZBA of Huntington, 121 AD2d 447 (1986); ' Roginski v. Rose, et al., 63 NY 2d 735 11984)}. Accordingl~ on motion by Mr. Dinizio, seconded by Mr. Grigonis, it~was Southold Town Board of Appeals-5* April 13, 1989 Regular Meeting (Appl. No. 3785 - NINE & OR~, decision, continued:) ~8OLV~D, to DENY WITHOUT PREJUDICE the Special Exception as applied %m~er File No. 3785 in t~e Matter of the application of RAYMOND NIN~, ~AP/~S ZA~RA and PA~4ELANINE. Vote of the Board: A~es: Messrs. Qoehringer, Doyen, Grigonis, Sawicki and Dinizio. %~his resolution was duly adopted. lk GERA~D P. 6OE~RING/~,~~ Town of Southold P,O Box 1179 Southold, NY 11971 Date: 11/10/09 * * * RECEIPT * * * Receipt~: 61294 Transaction(s): 1 1 Application Fees Reference Subtotal 6350 $250.00 Cash#: 2094 Total Paid: $250.00 Name: New, England Barns Inc P O Box 1447 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6350 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 12, 2009 Zoning Appeal No. 6350 Transmitted herewith is Zoning Appeals No. 6350 William Gorman for Frank & Donna Scarola- the Application to the Southold Town Zoning Board of Appeals for Special Exception. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Questionnaire, Cover Letter from North Fork Permits, Authorization Letter from Frank Scarola to William Gorman to Represent them in this Matter, Copy of Survey dated September 9, 2009 Prepared by Nathan Taft Corwin III Land Surveyor, Floor Plans Dated June 15, 2009 Prepared by North Fork Permits. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 I~Iailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 257 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971.0959, on THURSDAY, JANUARY 21, 2010: 10:40 A.M. Frank J. & Donna M. Scarola and Donna Perrin #6350. Applicants request a Special Exception under Section 280-13B(14),. The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to their residential occupancy in this single family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 4850 Sound Ave., Mattituck; CTM 121-3-6. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town.Southold.n¥.us. Dated: December 15, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY VICKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCAROLA, F. # 6350 MAP #: 1000-121 .-3-6 VARIANCE: SPECIAL EXCEPTION REQUEST'. ACCESSORY BED + BREAKFAST DATE: THURS, Jan 21, 2010 10:40 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- ,X ~ECE~/ED $OA~D OF APPEALS AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEVV YORK) I, residing at , New York, being duly sworn, depose and say that: / ( On the ? ~ day of~"18~,,.~I~-~/,~ , 20~ I personally mailed at the United States Post Office in ~, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice ia prepaid envelopes addressed to current owners shown.on ~_~current assessment.roll verified frbm the offi&ial records on file with the ( ~A"~sors 'or ( ) County Real Property Office , for every .property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applican~ / - ~ ~re) Sworn to before me this '-~-14~ day of'~-'~,.'~t.,.L'r--,~,¥ , 20~0 (Notary Public) CONNIE D. BUNCH Notar~ Public, State of New Yor~ No, 01BU6185050 Qualified in Suffolk County Commissi,0n Exoires AoriJ tzt '~0 · PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I ,~AF~i~IA_ USE m ~ ~(~ (Endorsem~t Aequir~ [:3 (Endm, m~ent Required) ~0.61 $2.30 nj ~ $0,61 0971 Return Receipt Fee ,J~ ~'~ ~~--~-~~---~ ....... 1 ~-~,-~- ................................................................. ITl ~J ~T~t~i{~AL USE Frl Po~l~ge $0.61 nj ce,',~ Fe~ $2.80 ~ $2.30 Restricted Demlver 0971 USE (End~ernent Required) $ $5.?1 01/07/~10 USE C] · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveres so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I Aoent B.~-'~ (/L~/~ 'LJReceived by (Pdnted Name) C. Di 1~/~{~e of D. Is delivmy address different from ltern l ? I-lyes If YES, enter delivery address below: [] No 3.S~i¢ ce Type i~'L,Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 2. Article Number PS Form 3811, February 2004 ~OARD OF APPEALS · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiese, or on the front if space permits. 1. Aracle Addressed to: PS Form 3811, February 2004 [] Agent [] Addressee 3. S ice Type 4. Restricted Delivery? (Extra F~e) 7007 0710 0002 2339 5442 Domestic Return Receipt · Complete items 1, 2, and 3. Also compiste item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Nurnper (rmnsfsr from service labe/) [] Return Receipt for Merchandise [] c.o.o. I-lyes Signature · / [] Agent Is delivery address ~ 1 ? If YES, enter delivery address below: [] No 3.,,~Service Type ~' Certified Mail [] Express Mail [] Registered r-I Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F6e) [] Yes 7007 0710 0002 2339 5459 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete ~tem 4 if Res~ctsd Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiace, _ or on the front if space permits. 1. Article Addressed to: 3. Se~ce Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] ~nsured Mail [] C.O.D. 4. Reetdeted Delivery? (Extra Fee) [] Yes 2, Article Number (Transfer from service 7007 0710 0002 2339 5473 PS Form 3811, February 2004 Demeeac Return ~ 1o259s~)2-~-~S40 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: 2. Article Number (Trans~r from service lebel) X i--i Addressee B. Recaived~by(Pdn.~adName)z~.~. ~ ~'~ ~~'~--?~''C. D;a~\\te ol D~elivery/1~ D. Isdelive~yaddmssdiffem~fmmiteml? [] Yes If YES, enter delivery address below: [] No 3. ~ Type [] 7007 0710 0002 2339 5428 PS Form 3811, February 2004 · Complete items 1, 2, end 3. Also complete item 4 if Restricted Delivery is desired. · Print your name sod address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee r Name) D. Is delivery address different from item 1 ? If YES, enter deliver - Certified Mail [] Express Mail ~ Registered [] Return Receipt for Merchendi~;I [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~a Fee) [] Yes 2. Article Number PS Form 3811, February 2004 7007 0710 0002 2339 5466 RECEIVED ZONING BOARD OF APPEALS -TOWN Of SOUTHOLD NEW YORK . In the Matter of the Application of · (N~'me 67 Appli ~cant) ' Regarding Posting of Sign upon Applicants Land Identified as 4000- - - (v COUNTY' OF SUFFOLK) STATE OF NEW YOR~ -X ~IOARD OF APPEALS AFFIDAVIT · OF SIGN POSTING t ' ~l~.(X-L~(,/~ t~Lvo~eyv York, being duly sworn, depose and saythat: · On the '~'day or~"-~'"-',. ,20{}0, I pe?sonally placed the Town's official Poster, with the date of heating and nature of my appli~tion · ', noted thereon, Securely upon my property, located ten-(10) feet or dos'er from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance:* and that I hereby confirm that the Poster has remained in olace.f, er-~ewn d~vQ prior to the date of the subject headng date, ,,,~ll~~~~s. howo to be Sworn to before me this (Notary Public) CONNIL N . uui~Ch otary Pubhc, State of New ¥or~ No. 01BU6185050 Qualified n Suffolk County Commissior] Expires Apr I 14, 2'0 I ~'- *near the entrance or. driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF H~ARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Halt Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto://southtown.northfork.net December 21, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, January 21, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January 7th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than January 8th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later than January 13't: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Poetin~l for receipt by our office before January 19, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #9610 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly swom, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I week(s), successively, commencing on the 7th day of ~ m Pr nclpal Clerk Sworn to before me this l~ '~- day of (~~010. NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 _ gt~allfled In,Suffolk County My {3offimllllOfl Ix[llfel.[iebruery ~8~ 2012 Town Annex/First Floor, Nor~ Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY II971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: TOTAL NO. OF PAGES 'INCLUDING COVER: REFERENCE:= SENDER'S TELEP HONE NUMBER: 765-1809 (press l at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the followhxg: Thank you. Sender's Initials: Submission [Yithout a Cover Letter RECEIVED BOARD OF APPEALS Comments: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 1, 2010 Frank J. & Donna Scarola & Donna Perrin GlO William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: File No. 6350 Dear Mr. Gorman: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our February 18, 2010 Meeting. Before the Bed and Breakfast is occupied by guests, obtain the final Certificate of Compliance for Bed and Breakfast occupancy via the Building Department. Thank you. Very tru~ours,,/ Vicki Toth Encl. CC: Building Department ][ B&B COMMON ROOM Second Floor Plan t38' Third FlOor Plan UnheaLed Attic Space Floor Plan NYLIC. 031085-1 PA LIC. 9859-X ~, NORTH KEY ~AN NO. DAT~ REVISIONS COMM. NO.: NFP Floor Plans A-1 Nd 97.~ LZL s0/g/L [ - L g~Vd qV±l~lO--H-'2tOO~a Abl-a0±~asaa30P~-.-, 3'0 MECHANICAL ROOM Floor Plan OWNER COMMON ROOM OWNER Third FlOor Plan FUTURE B&B BEDROOM & BATHROOM B&B LIVING ROOM B&B BEDROOM 3&B ~LOSET 45'2 20.7~ B&B B&B '3-4 B&B BEDROOM B&B BEDROOM_ B&B KITCHEN B&B DINING ROOM OWNER GARAGE L~VING 5PACE ALLOCA TT. ON Floor Plan RECEIVED BOARD OF APPEALS NYLIC. PA LIC, O Z NORTH KEY PLAN Floor Plans A-1